Directive 2014/28/EU of the European Parliament and of the CouncilShow full title

Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (recast) (Text with EEA relevance)

  1. Introductory Text

  2. CHAPTER 1 GENERAL PROVISIONS

    1. Article 1.Scope

    2. Article 2.Definitions

    3. Article 3.Free movement

    4. Article 4.Making available on the market

  3. CHAPTER 2 OBLIGATIONS OF ECONOMIC OPERATORS

    1. Article 5.Obligations of manufacturers

    2. Article 6.Authorised representatives

    3. Article 7.Obligations of importers

    4. Article 8.Obligations of distributors

    5. Article 9.Cases in which obligations of manufacturers apply to importers and distributors

    6. Article 10.Identification of economic operators

  4. CHAPTER 3 SECURITY PROVISIONS

    1. Article 11.Transfers of explosives

    2. Article 12.Transfers of ammunition

    3. Article 13.Security derogations

    4. Article 14.Information exchange

    5. Article 15.Identification and traceability of explosives

    6. Article 16.Licence or authorisation

    7. Article 17.Licensing of manufacturing activities

    8. Article 18.Seizures

  5. CHAPTER 4 CONFORMITY OF THE EXPLOSIVE

    1. Article 19.Presumption of conformity of explosives

    2. Article 20.Conformity assessment procedures

    3. Article 21.EU declaration of conformity

    4. Article 22.General principles of the CE marking

    5. Article 23.Rules and conditions for affixing the CE marking

  6. CHAPTER 5 NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

    1. Article 24.Notification

    2. Article 25.Notifying authorities

    3. Article 26.Requirements relating to notifying authorities

    4. Article 27.Information obligation on notifying authorities

    5. Article 28.Requirements relating to notified bodies

    6. Article 29.Presumption of conformity of conformity assessment bodies

    7. Article 30.Subsidiaries of and subcontracting by notified bodies

    8. Article 31.Application for notification

    9. Article 32.Notification procedure

    10. Article 33.Identification numbers and lists of notified bodies

    11. Article 34.Changes to notifications

    12. Article 35.Challenge of the competence of notified bodies

    13. Article 36.Operational obligations of notified bodies

    14. Article 37.Appeal against decisions of notified bodies

    15. Article 38.Information obligation on notified bodies

    16. Article 39.Exchange of experience

    17. Article 40.Coordination of notified bodies

  7. CHAPTER 6 UNION MARKET SURVEILLANCE, CONTROL OF EXPLOSIVES ENTERING THE UNION MARKET AND UNION SAFEGUARD PROCEDURE

    1. Article 41.Union market surveillance and control of explosives entering the Union market

    2. Article 42.Procedure for dealing with explosives presenting a risk at national level

    3. Article 43.Union safeguard procedure

    4. Article 44.Compliant explosives which present a risk

    5. Article 45.Formal non-compliance

  8. CHAPTER 7 DELEGATED AND IMPLEMENTING POWERS AND COMMITTEE

    1. Article 46.Delegated power

    2. Article 47.Exercise of the delegation

    3. Article 48.Implementing acts

    4. Article 49.Committee procedure

  9. CHAPTER 8 TRANSITIONAL AND FINAL PROVISIONS

    1. Article 50.Penalties

    2. Article 51.Transitional provisions

    3. Article 52.Transposition

    4. Article 53.Repeal

    5. Article 54.Entry into force and application

    6. Article 55.Addressees

  10. Signature

    1. ANNEX I

    2. ANNEX II

      ESSENTIAL SAFETY REQUIREMENTS

      1. I. General requirements

        1. 1. Each explosive must be designed, manufactured and supplied in such...

        2. 2. Each explosive must attain the performance characteristics specified by the...

        3. 3. Each explosive must be designed and manufactured in such a...

      2. II. Special requirements

        1. 1. As a minimum, the following information and properties, where appropriate,...

        2. 2. Each explosive shall be tested under realistic conditions. If this...

        3. 3. Requirements for the groups of explosives

          1. 3.1. Blasting explosives shall also comply with the following requirements:

          2. 3.2. Detonating cords, safety fuses, other fuses and shock tubes shall...

          3. 3.3. Detonators (including delay detonators) and relays shall also comply with...

          4. 3.4. Propellants and rocket propellants shall also comply with the following...

    3. ANNEX III

      CONFORMITY ASSESSMENT PROCEDURES

      1. MODULE B EU-type examination

        1. 1. EU-type examination is the part of a conformity assessment procedure...

        2. 2. EU-type examination shall be carried out as an assessment of...

        3. 3. The manufacturer shall lodge an application for EU-type examination with...

        4. 4. The notified body shall:

        5. 4.1. examine the technical documentation and supporting evidence to assess the...

        6. 4.2. verify that the specimen(s) have been manufactured in conformity with...

        7. 4.3. carry out appropriate examinations and tests, or have them carried...

        8. 4.4. carry out appropriate examinations and tests, or have them carried...

        9. 4.5. agree with the manufacturer on a location where the examinations...

        10. 5. The notified body shall draw up an evaluation report that...

        11. 6. Where the type meets the requirements of this Directive that...

        12. 7. The notified body shall keep itself apprised of any changes...

        13. 8. Each notified body shall inform its notifying authority concerning the...

        14. 9. The manufacturer shall keep a copy of the EU-type examination...

        15. 10. The manufacturer’s authorised representative may lodge the application referred to...

      2. MODULE C 2 Conformity to type based on internal production control plus supervised...

        1. 1. Conformity to type based on internal production control plus supervised...

        2. 2. Manufacturing

        3. 3. Product checks

        4. 4. CE marking and EU declaration of conformity

          1. 4.1. The manufacturer shall affix the CE marking to each individual...

          2. 4.2. The manufacturer shall draw up a written EU declaration of...

        5. 5. Authorised representative

      3. MODULE D Conformity to type based on quality assurance of the production...

        1. 1. Conformity to type based on quality assurance of the production...

        2. 2. Manufacturing

        3. 3. Quality system

          1. 3.1. The manufacturer shall lodge an application for assessment of his...

          2. 3.2. The quality system shall ensure that the explosives are in...

          3. 3.3. The notified body shall assess the quality system to determine...

          4. 3.4. The manufacturer shall undertake to fulfil the obligations arising out...

          5. 3.5. The manufacturer shall keep the notified body that has approved...

        4. 4. Surveillance under the responsibility of the notified body

          1. 4.1. The purpose of surveillance is to make sure that the...

          2. 4.2. The manufacturer shall, for assessment purposes, allow the notified body...

          3. 4.3. The notified body shall carry out periodic audits to make...

          4. 4.4. In addition, the notified body may pay unexpected visits to...

        5. 5. CE marking and EU declaration of conformity

          1. 5.1. The manufacturer shall affix the CE marking, and, under the...

          2. 5.2. The manufacturer shall draw up a written EU declaration of...

        6. 6. The manufacturer shall, for a period ending 10 years after...

        7. 7. Each notified body shall inform its notifying authority of quality...

        8. 8. Authorised representative

      4. MODULE E Conformity to type based on product quality assurance

        1. 1. Conformity to type based on product quality assurance is that...

        2. 2. Manufacturing

        3. 3. Quality system

          1. 3.1. The manufacturer shall lodge an application for assessment of his...

          2. 3.2. The quality system shall ensure compliance of the explosives with...

          3. 3.3. The notified body shall assess the quality system to determine...

          4. 3.4. The manufacturer shall undertake to fulfil the obligations arising out...

          5. 3.5. The manufacturer shall keep the notified body that has approved...

        4. 4. Surveillance under the responsibility of the notified body

          1. 4.1. The purpose of surveillance is to make sure that the...

          2. 4.2. The manufacturer shall, for assessment purposes, allow the notified body...

          3. 4.3. The notified body shall carry out periodic audits to make...

          4. 4.4. In addition, the notified body may pay unexpected visits to...

        5. 5. CE marking and EU declaration of conformity

          1. 5.1. The manufacturer shall affix the CE marking, and, under the...

          2. 5.2. The manufacturer shall draw up a written EU declaration of...

        6. 6. The manufacturer shall, for a period ending 10 years after...

        7. 7. Each notified body shall inform its notifying authority of quality...

        8. 8. Authorised representative

      5. MODULE F Conformity to type based on product verification

        1. 1. Conformity to type based on product verification is the part...

        2. 2. Manufacturing

        3. 3. Verification

        4. 4. Verification of conformity by examination and testing of every product...

          1. 4.1. All explosives shall be individually examined and appropriate tests set...

          2. 4.2. The notified body shall issue a certificate of conformity in...

        5. 5. Statistical verification of conformity

          1. 5.1. The manufacturer shall take all measures necessary so that the...

          2. 5.2. A random sample shall be taken from each lot. All...

          3. 5.3. If a lot is accepted, all explosives of the lot...

          4. 5.4. If a lot is rejected, the notified body or the...

        6. 6. CE marking and EU declaration of conformity

          1. 6.1. The manufacturer shall affix the CE marking, and, under the...

          2. 6.2. The manufacturer shall draw up a written EU declaration of...

        7. 7. Authorised representative

      6. MODULE G Conformity based on unit verification

        1. 1. Conformity based on unit verification is the conformity assessment procedure...

        2. 2. Technical documentation

          1. 2.1. The manufacturer shall establish the technical documentation and make it...

          2. 2.2. The manufacturer shall keep the technical documentation at the disposal...

        3. 3. Manufacturing

        4. 4. Verification

        5. 5. CE marking and EU declaration of conformity

          1. 5.1. The manufacturer shall affix the CE marking and, under the...

          2. 5.2. The manufacturer shall draw up a written EU declaration of...

        6. 6. Authorised representative

    4. ANNEX IV

      EU DECLARATION OF CONFORMITY (No XXXX)

      1. 1. No … (product, type, batch or serial number):

      2. 2. Name and address of the manufacturer and, where applicable, his...

      3. 3. This declaration of conformity is issued under the sole responsibility...

      4. 4. Object of the declaration (identification of product allowing traceability):

      5. 5. The object of the declaration described above is in conformity...

      6. 6. References to the relevant harmonised standards used or references to...

      7. 7. The notified body … (name, number) performed … (description of...

      8. 8. Additional information:

    5. ANNEX V

      1. PART A

      2. PART B

    6. ANNEX VI

  12. ATTACHMENTS

    1. STATEMENT OF THE EUROPEAN PARLIAMENT