CE Marking (CE Mark) for explosives for civil uses: EU Council Directive of 93/15/EEC of 5 April 1993 & Annex I, II, ... IV

Brief Introduction of
Directive 93/15/EEC
Explosives For Civil Uses
& Annex I, II, ... IV

COUNCIL DIRECTIVE 93/15/EEC of 5 April 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses.

CHAPTER I General provisions

Article 1
1. This Directive shall apply to explosives as defined in paragraph 2.
2. 'Explosives' shall mean the materials and articles considered to be such in the United Nations recommendations on the transport of dangerous goods and falling within Class 1 of those recommendations.
3. This Directive shall not apply to:
- explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police,
- pyrotechnical articles,
- ammunition, except as provided in Articles 10, 11, 12, 13, 17, 18 and 19.
4. For the purposes of this Directive:
- 'United Nations recommendations' shall mean the recommendations laid down by the United Nations Committee of Experts on the Transport of Dangerous Goods, as published in the UN (Orange Book) and as amended by the date when this Directive is adopted,

- 'safety' shall mean the prevention of accidents and, where prevention fails, the containment of their effects,
- 'security' shall mean the prevention of use contrary to law and order,
- 'dealer' shall mean any natural or legal person whose occupation consists wholly or partly in the manufacture, trade, exchange, hiring out, repair or conversion of fire arms and ammunition,
- 'approval' shall mean the decision taken to allow envisaged transfers of explosives within the Community,
- 'undertaking in the explosives sector' shall mean any natural or legal person possessing a licence or authorization which entitles him to engage in the manufacture, storage, use, transfer or trade in explosives,
- 'placing on the market' shall mean any first disposal against payment or free of charge of explosives covered by this Directive with a view to their distribution and/or use on the Community market,
- 'transfer' shall mean any physical movement of explosives within Community territory apart from movements within one and the same site.
5. This Directive shall not prevent Member States from designating certain substances not covered by this Directive as explosives under national law or regulations.

CHAPTER II Harmonization of laws relating to explosives

Article 2
Article 3
Article 4
Article 5
Article 6
1. The procedures for the attestation of the conformity of explosives shall be either:
(a) EC type examination (Module B) referred to in Annex II (1), and, at the choice of the manufacturer, either:
- the type conformity (Module C) referred to in Annex II (2),
- or the production quality assurance procedure (Module D) referred to in Annex II (3),
- or the product quality assurance procedure (Module E) referred to in Annex II (4),
- or the product verification (Module F) referred to in Annex II (5); or
(b) the unit verification (Module G) referred to in Annex II (6).
2. Member States shall inform the Commission and the other Member States of the bodies which they have appointed to carry out the procedures for assessing the conformity referred to above together with the specific tasks which these bodies have been appointed to carry out and the identification numbers assigned to them beforehand by the Commission.
The Commission shall publish in the Official Journal of the European Communities a list of the notified bodies and their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.
Member States shall apply the minimum criteria set out in Annex III for the assessment of bodies of which the Commission is to be notified. Bodies which meet the assessment criteria laid down by the relevant harmonized standards shall be presumed to satisfy the relevant minimum criteria.
A Member State which hase notified the Commission of a given body shall withdraw the notification if it discovers that that body no longer meets the criteria referred to in the second subparagraph. It shall immediately inform the other Member States and the Commission accordingly.

Article 7
1. The CE marking of conformity shall be affixed in such a way as to be visible, easily legible and indelible on the explosives themselves or, if this is not possible, on an identification plate attached thereto or, in the last resort, if the first two methods cannot be used, on the packaging. The identification plate must be so designed as to make its reuse impossible.
The model to be used for the CE marking shall be that reproduced in Annex IV.
2. It shall be prohibited to affix on explosives any mark or inscription which may confuse third persons as to the meaning and style of writing of the CE marking. Any other mark may be affixed on explosives provided the visiblility and legibility of the CE marking is not impaired.
3. Without prejudice to the provisions of Article 8:
(a) where a Member State establishes that the CE marking has been unduly affixed, the manufacturer, his agent or, failing these, the person responsible for placing the product in question on the Community market shall be obliged to restore the product to conformity with regard to the provisions on marking and end the infringement under conditions imposed by the Member States;
(b) where non-compliance continues, the Member State must take all appropriate measures to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market in accordance with the procedures laid down in Article 8.

Article 8

CHAPTER III Provisions governing the supervision of transfers in the Community

Article 9
Article 10
Article 11

CHAPTER IV Other provisions

Article 12
Article 13
Article 14
Article 15
Article 16

CHAPTER V Final provisions

Article 17
Article 18
Article 19
Article 20

ANNEX I
ESSENTIAL SAFTETY-REQUIREMENTS

I. General requirements
II. Special requirements

ANNEX II
1. MODULE B: EC type-examination

ANNEX III
MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES FOR THE NOTIFICATION OF BODIES

ANNEX IV
CONFORMITY MARKING

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What is CE marking (CE mark)?

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CE Marking (CE mark) EU/EC Declaration of Conformity: definition and required content

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