Questions & Answers Direttiva 2014/28/UE - Direttiva 2008/43/CE
This document gathers some questions and answers concerning the interpretation of certain provisions of Directive 2014/28/EU and of Commission Directive 2008/43/EC.
The answers were discussed between the relevant Commission services and members and observers of the Group of Experts on Explosive, of the AdCo group on Explosives for Civil Uses, and/or with the Forum of Notified Bodies for Explosives. The document attempts to provide guidance to Member States' competent authorities, market surveillance authorities, notified bodies and economic operators.
The answers represent the opinion of the relevant Commission services but may not necessarily represent the opinion of the Commission. This guidance document does not constitute any formal commitment on behalf of the Commission. Only the European Court of Justice can give an authoritative interpretation of Union legislation.
This guidance document was last updated in October 2017. It will continue to be regularly updated and published on CIRCABC and on the dedicated webpage of DG GROW.
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Table of contents
1. Introduction
2. CE marking of on-site mixed explosives
3. If one notified body has type-certified a product (Module B), can the manufacturer turn to another notified body to take care of the complementary conformity assessment module (Modules C2, D, E or F) for the same product?
4. Which notified body is responsible in case of a product found to be not in conformity with the Directive after having been placed on the market: the notified body responsible for module B or the notified body responsible for the modules C2, D, E or F?
5. Which notified body is responsible for allowing the manufacturer to CE-mark the product?
6. Can certificates [for the different modules] be withdrawn? If yes, at which occasions and how?
7. Do propellant cartridges for powder actuated fastening tools (PAT) fall under the Explosives Directive because their UN Number is not listed in Annex I of Directive 2014/28/EU?
8. Distinction between civil explosives and military explosives in the context of intra-EU transfers
9. What is the status of shock tubes under the Directive?
10. What is the procedure for attributing manufacturing site codes to non-EU manufacturing sites under Commission Directive 2008/43/EC, as amended by Directive 2012/4/EU?
11. How should the term 'end-user' be understood for the purposes of Commission Directive 2008/43/EC?
12. Marking of various explosives in compliance with Directive 2008/43/EC, as amended by Directive 2012/4/EU
13. Interpretation of "use for own purposes" pursuant to the Explosives Directive
14. Date of application of rules on explosives traceability
15. The case when a quarry or mine mixes its own explosive on site for blasting on its own site: does it fall under the definition of a manufacturer using an explosive for own purposes?
16. How shall the wording “product, type, batch or serial number” in the example for the declaration of conformity (see Annex IV of the Directive 2014/28/EU) be interpreted in the case of explosives?
17. Are explosives in transit through the territory of the EU subject to the traceability provisions of Directive 2008/43/EC?
18. Applicability of Directive 2008/43/EC to two-or multi-component explosives
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Fonte: EU
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