Explosives for civil use

Explosives for civil use are products defined in the UN Recommendations on the Transport of Dangerous Goods as explosives in category 1.

Bringing explosives for civil use to the market

Regulations for bringing explosives for civil use to the market and controlling them are set out in the Royal Decree of 12 April 2016. This decree transposes Directive 2014/28/EU from the European Parliament and the Council of 26 February 2014 into Belgian law.

The Royal Decree of 12 April 2016 sets out the obligations of economic operators (manufacturers, authorities, distributors) and the essential safety requirements that explosives for civil use must meet before being placed on the European market.

Exception to the Royal Decree's scope of application

The Royal Decree of 12 April 2016 does not apply to:

• Explosives intended for the military or police;
• Pyrotechnic items that fall under the scope of the Royal Decree of 20 October 2015 on placing pyrotechnic items on the market;
• Ammunition.

Appendix 1 of the Royal Decree of 12 April 2016 contains a non-exhaustive list of these pyrotechnic items and ammunition.

Explosives that comply with the harmonised standards or sections of harmonised standards (the reference numbers of which are given in the European Union's Official Journal) must comply with the essential safety requirements covered by these standards and set forth in Appendix 2 - Essential safety requirements of the Royal Decree of 12 April 2016.

Labelling

Explosives for civil use that are brought to the market must be labelled beforehand. This labelling contains the CE marking and complies with the language obligations.

The CE marking must be:

• Visibly, legibly and indelibly affixed to the explosive. If this is not possible or reasonable due to the nature of the explosive, the CE marking must be affixed to the packaging and to the accompanying documentation;
• Followed by the identification number of the notified body if the latter was involved in the production control phase. The identification number of the notified body must be affixed by the body itself or, on its instructions, by the manufacturer or their authorised representative.

The CE marking and, if applicable, the identification number of the notified body may be followed by any other marking indicating a particular risk or hazard.

The CE marking must be affixed to the accompanying documents for:

• Explosives manufactured for own use;
• Explosives that are transported and delivered unpackaged in Mobile Explosives Manufacturing Units (MEMUs) and supplied to be loaded directly into the blasting hole;
• Explosives that are manufactured at the site of use and loaded directly after manufacture (on-site production).

Manufacturers shall ensure that explosives placed on the market are accompanied by clear and understandable safety instructions and information. These must be provided in one of the national languages, according to the instructions from the relevant Member State.

Identification and traceability of explosives for civil use

The identification and traceability of explosives for civil use are governed by the Royal Decree of 26 April 2009. This decree partially transposes Directive 2008/43/EC, amended by Directive 2012/4.

These regulations are intended to improve control on explosives for civil use, prevent theft and ensure that all thefts and disappearances are quickly investigated. Single labelling of explosives is therefore mandatory across the EU.

Exception to the Royal Decree's scope of application

The Royal Decree of 12 April 2016 does not apply to:

• Explosives that are  transported and delivered unpackaged in pumping trucks and  for direct loading into the blasting hole;
• Explosives that are manufactured at the place where they are fired and which, once they are produced, will be immediately loaded (on-site production);
• Ammunition;
• Fuses that are flammable, non-explosive and cord-like items;
• Safety fuses which are made of a core of fine-grained black gunpowder, encased by a flexible material with one or more protective outer layers and which, upon ignition, burn at a predetermined speed without any external explosive effect;
• Primers, which are made from a metal or plastic cap containing a small quantity of a primary explosive mixture that easily ignites by friction and which serves as the ignition element in small arms cartridges or in ignition mechanisms for a propelling charge.

The Royal Decree of 26 April 2009 also does not apply to pyrotechnic items that fall under the scope of the Royal Decree of 20 October 2015 on placing pyrotechnic items on the market and on explosives intended for use by the military or police, given that these products are not explosives for civil use under the Royal Decree of 12 April 2016.

Unique identification

Directive 2008/43/EC, as amended by Directive 2012/4 makes the single labelling of explosives across the European Union mandatory.

The unique identification number must contain the following:

1. An eye-readable section of the identification, containing the following:
   1. The manufacturer’s name;
   2. An alphanumeric code, which contains the following:
      1. The 2 letters BE if the production or import location is Belgium;
      2. 3 digits identifying the name of the production location, allocated by the Safety Regulation service of FPS Economy;
      3. The unique product code and logistics information of the producer.
2. An electronically readable identification number in the form of a bar or matrix code that is directly connected to the alphanumeric identification code;
3. For products that are too small to bear the unique product code and the logistics information of the producer, the information given in points 1.b.i. and 1.b.ii, and point 2 is sufficient.

For products that are too small to bear the information referred to in point 1, point 1.b.i. and 1.b.ii, and point 2 or if, due to their shape or design, it is technically impossible to affix a single identification mark, the unique identification will be affixed to all of the smallest packaging units.

All of the smallest packaging units will be closed with a seal.

Primers and boosters will bear the unique identification by means of an adhesive label or direct printing directly affixed to the outer covering of the detonator or to the primer cartridge of the charg so that the information referred to in points 1.b.i. and 1.b.ii is clearly legible. The number of primers and boosters will be printed on the smallest packing unit.

Every detonating cord will bear the unique identification by means of an adhesive label or direct printing on the reel.

Intra-community transport of explosives for civil use

In order to transport explosives for civil use, the recipient must obtain a transfer authorisation from:

• The competent authority of the place of destination;
• The competent authority of the transiting countries;
• The competent authority of the country of origin.

The competent authority of the place of destination shall issue to the recipient a document stating the permission granted for the movement of goods. This document must accompany the explosives to their destination point. It must be shown at every request of the competent authorities. The recipient must retain a copy of the document so that he can provide this to the competent authority at the destination location.

In the event of a computerized procedure, the applicant must always send his request to the destination country. Once all countries have consented, the country of origin shall issue its consent for the transport.

Submitting transfer requests

Does your request concern the intra-community transport of explosives?

Submit your request for transport to the authority in the destination country. Every country has its own transport form.

Does your request concern the transport of explosives to a destination in Belgium?

Download the transport form, complete the fields and send this, in triplicate:

• by post:
  FPS Economy
  Safety Department
  Safety Regulation Division
  Boulevard Albert II 16
  1000 Brussels
• by e-mail: explo@economie.fgov.be

More info?

For more information, contact:

FPS Economy
Safety Department
Safety Regulation Division
Boulevard Albert II 16
1000 Brussels

Tel.: +32 2 277 76 99
Email: explo@economie.fgov.be