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The Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016

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IMPORTERS

Prohibition on placing on the market civil explosives which are not in conformity

13.  An importer must not place a civil explosive on the market unless it is in conformity with the essential safety requirements.

Requirements which must be satisfied before an importer places a civil explosive on the market

14.—(1) Before placing a civil explosive on the market, an importer must ensure that—

(a)a relevant conformity assessment procedure has been carried out by the manufacturer;

(b)the manufacturer has drawn up the technical documentation;

(c)the civil explosive—

(i)bears the CE marking; and

(ii)is accompanied by the required documents; and

(d)the manufacturer has compiled with the requirements, where applicable, set out in regulation 10 (Traceability of certain civil explosives excluded from the scope of regulations 4, 5 and 6 of ITOER (NI) 2013) to the extent not already covered by sub-paragraph (c)(ii).

(2) In paragraph (1)(c)(ii), “required documents” means any documents that are required to be provided with the civil explosive pursuant to—

(a)regulation 10(2) and (3) (Traceability of certain civil explosives excluded from the scope of regulations 4, 5 and 6 of ITOER (NI) 2013); and

(b)regulation 11 (Instructions and safety information).

Prohibition on placing on the market civil explosives considered not to be in conformity with the essential safety requirements

15.—(1) Where an importer considers, or has reason to believe, that a civil explosive is not in conformity with the essential safety requirements, the importer must not place the civil explosive on the market.

(2) Where the civil explosive presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Information identifying importer

16.—(1) Before placing a civil explosive on the market, an importer must indicate on the civil explosive—

(a)any of—

(i)the name;

(ii)registered trade name; or

(iii)registered trade mark of the importer; and

(b)a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the market surveillance authority in the EEA State in which the civil explosive is to be made available to such end-users.

(3) Where it is not possible to indicate the information specified in paragraph (1) on the civil explosive, the importer must indicate that information—

(a)on the packaging; or

(b)in a document accompanying the civil explosive.

Instructions and safety information

17.—(1) When placing a civil explosive on the market, an importer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by end-users in the EEA State in which the civil explosive is to be made available to such end-users.

(2) Where the civil explosive is being made available to end-users in the United Kingdom, the language referred to in paragraph (1) which can be easily understood by end-users is English.

Retention of technical documentation and EU declaration of conformity

18.  An importer must, for a period of 10 years beginning on the day on which the civil explosive is placed on the market—

(a)keep a copy of the EU declaration of conformity at the disposal of the market surveillance authority; and

(b)ensure that the technical documentation can be made available to that authority, upon request.

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