Explosives Factories and Warehouses

Classification of Factories and Warehouses

Explosives Factories

There are two types of explosives factories.

1^st type: Facilities engaged in the preparation, handling, or processing of any explosive, except for workshops specified in the following paragraph.

2^nd type: Hunting cartridge loading workshops*, at gunsmiths and other retailers. 

*lead shot cartridges. Only C.I.P. cartridges can be commercialised.

Explosives Warehouses

There are two types of explosives warehouses.

1^st type: Explosives warehouses except those listed under the 2^nd type.

2^nd type: Explosives warehouses with a limited storage capacity, including:

• 50 kilograms of black and smokeless powder, 500 kilograms of safety fuses for mining, up to 500 kilograms of powder contained in safety cartridges for light weapons, 200,000 powder-free Flobert cartridges and primers for safety cartridges for light weapons;
• or fireworks and pyrotechnic items for technical use and/or signalling of up to 25 kilograms of pyrotechnic composition contained therein.

Authorisation to Operate an Explosives Factory or Warehouse

The construction, modification, or relocation of explosives factories and warehouses requires administrative authorisation.

A factory and/or warehouse authorisation may be submitted to the following competent authority:

• For 1^st type factories and warehouses: The Provincial College of the factory's/warehouse's location for factories/warehouses;
• For 2^nd type factories and warehouses: the Municipal College of the factory's/warehouse's location for factories/warehouses;
• For G warehouses (so-called unclassified and temporary warehouses): the province's governor according to the terms described in Articles 255 and 256 of the Royal Decree of 23/09/1958.

For factories and/or warehouses created or operated by the State, authorisation procedures must follow Article 26 of the Royal Decree of 23/09/1958.

Exemptions from Authorisation

There are three exemptions for the authorisation of an explosives factory or warehouse.

1.    No Authorisation is Required to Hold and Store the Following Products:

1. A quantity of fireworks and fireworks for technical use and/or signalling, up to one kilogram of pyrotechnic composition contained therein, of the following types:
   • Pyrotechnic items that economic operators may make available to consumers under Article 12 of the Royal Decree of 20 October 2015 on the availability of pyrotechnic items on the market;
   • Primers designed specifically for toys;
   • Distress signals classified as ships' equipment according to the Royal Decree of 25 April 2016 on marine equipment and the organisation of market surveillance, and which are exclusively kept for use on ships where they must be located.
2. Up to two kilograms (net weight) of black or smokeless powder in grains or flakes;
3. Up to 1,000 metres of safety fuses;
4. Safety cartridges for light firearms and pyromechanisms with up to 10 kilograms of powder contained therein;
5. 5,000 electric igniters or 5,000 miscellaneous primers for safety cartridges;
6. 5,000 powder-free Flobert cartridges;
7. empty primed cartridges in undetermined quantities.

2.    No Storage Authorisation is Required for the Possession and Sale of the Following Products:

1. Fireworks sold by retailers who are not fireworks vendors and who provide the following fireworks in conjunction with another product (for example:  a baker selling a cake with magic candles): 
   • Magic candles classified in category F1 according to the Royal Decree of 20 October 2015 on the availability of pyrotechnic items on the market and that are suitable for indoor use;
   • Fountains classified in category F1 according to the aforementioned Royal Decree of 20 October 2015 and that are suitable for indoor use;
2. Fireworks sold by retailers who are not fireworks vendors and who sell specific products for which these fireworks are necessary:
   • Pyrotechnic items with an integrated electric igniter classified in category P1 according to the aforementioned Royal Decree of 20 October 2015, containing not more than half a gram of pyrotechnic composition per article, and designed to be used in devices against pests;
   • Pyrotechnic cartridges classified in category P1 according to the aforementioned Royal Decree of 20 October 2015 and designed to be loaded into sealing and marking tools.

Fireworks are kept in a cabinet inaccessible to customers. The total quantity of fireworks kept in-store is limited to that which an individual may hold under Article 265 (one kilogram of pyrotechnic material).

3. Primers designed specifically for toys.

3. No Authorisation is Required for Professionals who Store P1 category Pyrotechnic Items Intended for Vehicles

Professionals who need other P1-category pyrotechnic items intended for vehicles to practice their profession may store up to 5 kilogrammes of pyrotechnic composition contained therein without authorisation, as provided in Article 267 of the Royal Decree of 23 September 1958.

These items may not be sold or transferred to private individuals unless they have been incorporated in the vehicle or in a removable part. There is no quantity limitation for items that are incorporated into vehicles.

What Is Included in an Authorisation Request for an Explosives Factory or Warehouse?

Before submitting your authorisation request, you must carry out an analysis of the risks associated with the presence of explosives. This analysis must identify the hazards, identify and specify the associated risks both for the people involved in the activity and for the neighbours and the public and evaluate these risks.

During this risk assessment, several things must be taken into account:

• The current state of knowledge and technique, such as the United Nations International Ammunition Technical Guidelines ;
• Standards, such as the NATO Guide for the Storage of Military Ammunition and Explosives (AASTP-1 version C-2023) ;
• The guidelines (technical notes) of the Safety Regulation Department of the FPS Economy, such as the technical note concerning the storage of pyrotechnic items operated by retailers (PDF, 421.89 KB);

The authorisation request file must include:

1. The applicant’s surname, first name, capacity, and address;
2. The nature of the establishment, the purpose of the activity, the tools and methods to be used, the nature and power of each engine as well as the approximate quantities of products to be manufactured or stored;
3. The number of workers to employ;
4. The planned measures to prevent or mitigate the inconveniences to which the establishment could give rise, both for people involved in the activity and for neighbours and the public. 

Please also attach, in triplicate, a scaled site plan (minimum 5 mm/m) showing the layout of the premises and the location of the workshops, shops, and appliances.

In the case of a factory or a 1^st type warehouse, a certified copy of the cadastral plan must also be attached. The copy must include the parcels located within a radius of 100 meters of the perimeter of the establishment, indicating the names of the owners.

What Is Specifically Included in an Authorisation Request for a G Warehouse?

The G warehouse authorisation must detail:

1. Applicant information; 
2. Purpose of use;
3. Nature, quantity, and significant effects of the explosives;
4. Explosives storage facility;
5. Location of use;
6. Expected use duration;
7. Person in charge of use (shooter);
8. Planned measures to prevent or, if this is not possible, reduce the significant effects of the explosives;
9. Cecessary plans;
10. Criminal Record Extract of the applicant.

Is there a Standard Form to Submit an Authorisation Request for a Storage E of Pyrotechnic Items?

To submit your request, use the authorisation request form of an E warehouse of pyrotechnic items (DOCX, 49.94 KB).

For the design of an E warehouse, please follow the technical note regarding pyrotechnic items warehouses operated by retailers of the FPS Economy (PDF, 421.89 KB).

Is there a Standard Form to Submit an Authorisation Request to Load Safety Cartridges Intended for Personal-Use Light Weapons?

To submit your request, use the authorisation request form to load safety cartridges for personal-use light weapons (DOCX, 49.4 KB).

Please follow the instructions of the FPS Economy for the design of an explosives loading and storage workshop (PDF, 182.22 KB).