Explosives for Civil Uses Directive 2014/28/EU
Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses — the "Civil Explosives Directive" — replaced Directive 93/15/EEC and has applied since 20 April 2016. It covers explosives for civil uses, such as those used in mining, quarrying, demolition and civil engineering. It does not cover explosives for the armed forces or police, pyrotechnic articles, or, except for transfer rules, ammunition. Published as OJ L 96, 29.3.2014, p. 1.
Legal status and timeline
- Adoption: 26 February 2014.
- Date of application: 20 April 2016.
- Repeal of Directive 93/15/EEC: 20 April 2016.
- Status in October 2026: applies.
Scope: products covered
Article 1(1) applies the Directive to explosives for civil uses; Article 2(1) defines "explosives" as materials and articles considered to be such in the UN Recommendations on the Transport of Dangerous Goods and falling within Class 1 of those Recommendations. The Directive applies to all such substances and articles unless specifically excluded. Member States may also designate substances not covered by the Directive as explosives under national law (Article 1(3)).
Exclusions (Article 1(2))
- Explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police;
- Pyrotechnic articles (under Directive 2013/29/EU);
- Ammunition, save as provided for in Articles 12, 13 and 14 (transfers, security derogations and information exchange).
Annex I gives a non-exhaustive list of pyrotechnic articles and ammunition, identified by UN number, to help with borderline products. An item in Class 1 that is not on that list and is not otherwise excluded remains an explosive under the Directive.
Essential safety requirements (Annex II)
Annex II sets the general and special requirements:
- General requirements. Each explosive must present a minimal risk to human life and health, and must prevent damage to property and the environment, under normal, foreseeable conditions. It must attain the performance characteristics the manufacturer specifies, and be capable of disposal in a way that minimises environmental effects.
- Properties to consider or test. These include composition and homogeneity; physical and chemical stability; sensitiveness to impact and friction; compatibility of components; chemical purity; resistance to water and temperature extremes; suitability for hazardous environments such as firedamp atmospheres; safety features against untimely initiation; correct functioning; instructions and markings for handling, storage, use and disposal; and ability to withstand deterioration until the 'use by' date.
- Group-specific requirements. Part II, point 3 adds rules for blasting explosives, for detonating cords, safety fuses, other fuses and shock tubes, for detonators and relays, and for propellants and rocket propellants.
Each explosive must be tested under realistic conditions, and if a laboratory cannot do this, in the conditions of intended use (Annex II, Part II, point 2).
Conformity assessment procedures
Article 20 and Annex III give the manufacturer a choice of:
- Module B (EU-type examination) with, at the manufacturer's choice, Module C2 (supervised product checks at random intervals), Module D (production quality assurance), Module E (product quality assurance) or Module F (product verification);
- Module G (unit verification).
Notified Body involvement is mandatory in every route. Module A is not available.
Transfer authorisation
Explosives may be transferred within the Union only under Article 11. "Transfer" covers any physical movement within the Union except movements within one and the same site (Article 2(6)), so it can include movements within one Member State. The steps are:
- The consignee obtains approval from the competent authority of its own Member State, which verifies that it is legally authorised to acquire explosives and holds the necessary licences (Article 11(2)).
- The economic operator responsible for the transfer notifies the competent authorities of any transit Member State and obtains their prior approval (Article 11(2)).
- The authority issues a document that accompanies the explosives to their destination and is produced on request (Article 11(4)).
- Where special security requirements apply, the consignee supplies the details in Article 11(5) first, including the operators, quantities, UN number, means of transfer, itinerary and expected dates.
Where an authority considers those special security requirements unnecessary, it may grant an approval for a fixed period instead of per-consignment information (Article 11(6)). No economic operator may transfer explosives unless the consignee has the necessary authorisations (Article 11(8)). Article 12 sets a separate procedure for ammunition.
Licences
Economic operators must hold a licence or authorisation to manufacture, store, use, import, export, transfer or trade explosives (Article 16). This does not extend to their employees. "Economic operators" is wider here than under most product Directives: it includes anyone engaged in storing, using, transferring, importing, exporting or trading explosives (Article 2(13)). For manufacturing, the Member State checks in particular that operators can meet their technical commitments (Article 17). Licensing rules themselves are national.
Unique identification (Directive 2008/43/EC)
Article 15 obliges economic operators to adhere to a uniform system for unique identification and traceability. Commission Directive 2008/43/EC, as amended by Commission Directive 2012/4/EU, sets the practical arrangements. Since 5 April 2013 (with the data-collection and record-keeping obligations applying from 5 April 2015), explosives and each smallest packaging unit must bear a unique identification comprising:
- A human-readable part: the manufacturer's name, a two-letter country code and a three-digit production-site code attributed by the national authority, followed by a unique product code and logistic information;
- An electronically readable barcode and/or matrix code relating directly to the alphanumeric identification code.
Data must allow the explosive to be traced and must be stored for 10 years after the transaction or, where the explosives have been used or disposed of, 10 years after use or disposal, even if the operator has ceased trading (Article 15(3) of Directive 2014/28/EU).
Article 15(1) excludes explosives transported and delivered unpackaged or in pump trucks for direct unloading into the blast-hole, and explosives made at blasting sites and loaded immediately. Directive 2008/43/EC also excludes ammunition, fuses, safety fuses and cap-type primers (Article 2).
Technical documentation
Annex III sets the documentation contents for each module. Retention of the technical documentation and EU declaration of conformity: 10 years after the explosive has been placed on the market (Article 5(3)). See technical documentation.
EU Declaration of Conformity
Article 21 and the model structure in Annex IV. Where more than one Union act requires a declaration, a single declaration covers them all (Article 21(3)). See EU Declaration of Conformity.
Marking and labelling
Articles 22 and 23 require the CE marking on the explosive or, where that is not possible or warranted, on the packaging and accompanying documents. It is followed by the identification number of the Notified Body involved in the production control phase. For explosives made for own use, delivered unpackaged or in Mobile Explosives Manufacturing Units for direct unloading into the blast-hole, or produced in situ, the CE marking goes on the accompanying documents (Article 23(5)). The unique identification is in addition to the CE marking. Instructions and, where necessary, markings for safe handling, storage, use and disposal form part of the Annex II requirements. Transport labelling is governed separately by dangerous goods law.
Harmonised standards
Standards developed for this Directive include the EN 13630 series (detonating cords and safety fuses), the EN 13631 series (high explosives), the EN 13763 series (detonators and relays) and the EN 13938 series (propellants and rocket propellants). Check the current OJEU list for the references and dates that give a presumption of conformity (Article 19). See harmonised standards.
Recent and upcoming changes
No amending act to Directive 2014/28/EU was identified in this review. Directive 93/15/EEC was repealed on 20 April 2016, while Directive 2008/43/EC, adopted under it, continues to set the identification arrangements. Omnibus IV proposes changes to many product acts on digital declarations and instructions; whether this Directive is among them could not be confirmed at this review, so check the final text once published.
Related legislation
- Pyrotechnic Articles Directive 2013/29/EU — covers pyrotechnic articles outside this Directive's scope.
- Directive 2008/68/EC on the inland transport of dangerous goods — applies for transport.
- Regulation (EU) 2019/1148 on the marketing and use of explosives precursors.
- Directive (EU) 2021/555 on the control of the acquisition and possession of weapons, which codified Directive 91/477/EEC — relevant to ammunition.
- ATEX Directive 2014/34/EU — does not cover equipment where the explosion hazard results exclusively from explosive substances or unstable chemical substances (Article 1(2)). It can apply to a site where other explosive atmospheres arise, such as dust or gas.
Common errors
- Transfer without approval. Article 11 requires approval by the consignee's Member State, per transfer or for a fixed period under Article 11(6). This is separate from the product's conformity status.
- Missing unique identification. The system is mandatory for explosives within its scope. Check the exclusions in Article 15(1) and Article 2 of Directive 2008/43/EC before assuming a product is exempt.
- Treating a Class 1 article as pyrotechnic without checking. Classification decides which Directive applies. Use Annex I and the UN classification.
- Reliance on military product approvals. Article 1(2) excludes explosives only where intended for the armed forces or police under national law. A product marketed for civil use needs conformity assessment under this Directive.
Frequently asked questions
Is a unique identification needed on every explosive?
Generally yes, on the explosive and each smallest packaging unit. Exceptions include explosives delivered unpackaged or by pump truck for direct unloading into the blast-hole, explosives made and loaded on site, ammunition, fuses, safety fuses and cap-type primers.
How long must traceability records be kept?
For 10 years after the transaction or, where the explosives have been used or disposed of, 10 years after that use or disposal, even if the operator has ceased trading (Article 15(3)).
Who applies for a transfer approval?
The consignee, to the competent authority of its own Member State (Article 11(2)). The economic operator responsible for the transfer deals with transit Member States.
Are fireworks covered by this Directive?
No. Pyrotechnic articles within the scope of Directive 2013/29/EU are excluded by Article 1(2)(b).
Does CE marking go on bulk explosives pumped into a blast-hole?
For explosives delivered unpackaged or from Mobile Explosives Manufacturing Units for direct unloading into the blast-hole, the CE marking is placed on the accompanying documents (Article 23(5)).
Sources
- Directive 2014/28/EU (Explosives for Civil Uses) — EUR-Lex consolidated text.
- Commission Directive 2008/43/EC (unique identification) — EUR-Lex.
- Regulation (EU) 2019/1148 on explosives precursors — EUR-Lex.
- Commission Notice — Blue Guide 2022 — EUR-Lex.