Security-related internal market
measures on explosives
FEEM AGM, Brussels, 5 June 2013
Julian Foley
Desk Officer – Civil explosives and pyrotechnic articles
Unit F2 - Chemicals Industry
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Overview
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Regulating commercial explosives on internal market:
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Implementation of Council Directive 93/15/EEC on the harmonisation of
the provisions relating to the placing on the market and supervision of explosives
for civil uses
Commission Decision 2010/347 amending Decision 2004/388/EC on an
Intra-Community Transfer of explosives document
Commission Directive 2008/43/EC as amended by Directive 2012/4/EU
setting up, pursuant to Council Directive 93/15/EEC, a system for the
identification and traceability of explosives for civil uses
Explosives Action Plan
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Adaptation of Explosives Directive to New Legislative Framework
for the marketing of goods on the internal market
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Implementing Regulation 98/2013 on the marketing and use of
explosives precursors
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Outlook
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Purpose of Diredtive
93/15/EEC
• To establish a single market in the EU in trade of
explosives for civil uses
• To harmonise the safety requirements for civil
explosives at a high level of protection
• To establish an administrative system for the
supervision of transfers of explosives and
ammunition
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Single market aspects
• Explosives placed on EU market must
conform to essential safety requirements
• If products conform, they receive a “CE
marking” and can be placed on the market
anywhere in EU
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Security aspects
• Explosives covered by 93/15 may be transferred only in
accordance with the provisions contained in Article 9
• Member States shall ascertain whether undertakings in
the explosive sector process a system for keeping track
of explosives so that those holding explosives can be
identified at any time
• Companies shall keep corresponding records of their
transactions (Article 14).
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EU Action Plan on Explosives
• Explosives Security Experts Task Force - draft report by
May 2007
Adoption of the Action Plan in April 2008
48 actions:
- horizontal measures
- prevention
- detection
- response
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• Decision 2004/388/EC on an Intra-Community Transfer of
explosives document
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Amended by COMMISSION DECISION
2010/347/EU
• Use of electronic system (SCEPYLT)
• Enable competent authority of the Member State of
origin to print out all necessary documents and issue
the intra-Community transfer of explosives document
to the supplier
• after it has verified that all competent authorities of the
Member States concerned have given their approval to
the transfer
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SCEPYLT Status
Hosted in Spain, under the responsibility of the Ministry of
Interior/Guardia Civil
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12 Member States participated (ES, UK, IT, DE, BE, NL,
PL, PT, DK, LT, SI, FR)
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Approx 2 million euro DG Home Funding
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System currently being used by - 6 Member States
(BE/DE/NL/FR/ES/PT)
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Future support
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Unique identification and traceability of explosives
for civil uses - Commission Directive 2008/43/EC
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Most stringent labelling requirement worldwide,
allowing traceability of every single article from their
production through the entire distribution chain until
final use.
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Easier to notice disappearances of explosives.
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Faster identification: it can today take up to two days in
order to identify the origin of the explosives.
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Commission Directive 2012/4/EU
• Extends the deadline for the implementation
of the Directive to April 2015 as far as the
entire supply chain is concerned.
• For manufacturers and importers of
explosives, the marking obligation already
starts in April 2013 in order to ensure that by
2015 all stocks are marked with the unique
identification.
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Guidelines, etc
• Close cooperation with industry on:
• FEEM European Explosives Code
• FEEM technical guidance document on small articles
• Q and As on DG ENTR website
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Adaptation to New Legislative
Framework
Proposals:
• Electrical equipment designed for use within certain voltage limits COM(2011)773
• Electromagnetic Compatibily - COM(2011)765
• Explosives for civil uses - COM(2011) 771
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Lifts - COM(2011)770
Simple Pressure Vessels - COM(2011)768
Measuring Instruments - COM(2011)769
Non-automatic Weighing Instruments Directive COM(2011)766
Equipment and protective systems intended for use in potentially explosive
atmospheres - COM(2011)772
• Pyrotechnic Articles - COM(2011)764
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Adaptation to New Legislative
Framework
• Point 2.4.1 of AP: Ensure that each Member
State has formal systems for authorising,
regulating and licensing the manufacture,
storage, sale, use and possession of
explosives including by private persons
• reflected in Article 15a and definition of
economic operator of Commission Proposal
on Explosives
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Regulation on the Use and Marketing of
Explosives Precursors
• No 98/2013 of 15 January 2013:
- a ban to introduce, make available, possess and use seven
chemical substances above certain concentration limits by private
individuals
- exceptions on a basis of:
- a system of licensing
- a system of registration of transaction
- obligatory system of reporting suspicious transactions
Guidelines to be issued by the Commission
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Outlook
• New CBRNe Agenda
• Further work on implementation of Explosives and
Pyrotechnic Articles Directives
• Implementation of Explosives Precursors Regulation in the
SCP (with DG HOME)
• Work with the private sector (FEEM, UEPG, etc) on
enhancing security (voluntary codes etc.)
• Facilitating work on database of commercial explosives
(EDEX)
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Thank you for your attention!
Julian Foley
Policy Officer
Unit F2 Chemicals Industry
DG Enterprise and Industry
European Commission
http://ec.europa.eu/enterprise/sectors/chemicals/documents/specificchemicals/explosives/index_en.htm
julian.foley@ec.europa.eu
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