The Explosives Regulations 2014

Placing on the market of civil explosives

39.—(1) No person may place any civil explosives on the market unless—

(a) the civil explosives satisfy such of the essential safety requirements as apply to those civil explosives; and

(b) the conformity of the civil explosives to the requirements of this Part has been attested in accordance with regulation 40; and

(c) the CE marking has been affixed to the civil explosives in accordance with regulation 42.

(2) For the purposes of paragraph (1), civil explosives are to be treated as satisfying the essential safety requirements if they conform to any relevant national standard.

(3) For the purposes of this regulation, “national standard” means a standard of a member State—

(a) which transposes a relevant harmonised standard; and

(b) the reference number of which has been published by that member State pursuant to Article 4.1 of the Civil Uses Directive.

(4) For the purpose of this regulation, civil explosives are placed on the market when they are first supplied or made available to any person with a view to their distribution or use within an EEA state(1) or are imported, except with a view to re-export, from outside the area of the EEA states, and “place on the market” is to be construed accordingly.

(5) In this regulation, “the essential safety requirements” means the requirements listed in Schedule 9.

(1)

Council Directive 93/15/EEC of 5th April 1993 applies in relation to the EEA by virtue of Decision No. 7/94 of 21st March 1994 of the EEA Joint Committee amending Protocol 47 and certain Annexes to the EEA Agreement (OJ No. L160, 28.6.1994, p.1).