The Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016

1. Introductory Text

2. PART 1 INTRODUCTION

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Application

3. PART 2 AUTHORISATION

   1. 4. Authorisation to transfer civil explosives

4. PART 3 SUB-PART A: MAKING AVAILABLE ON THE MARKET – OBLIGATIONS OF ECONOMIC OPERATORS, SUB-PART B: CONFORMITY ASSESSMENT, SUB-PART C: NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

   1. SUB-PART A: MAKING AVAILABLE ON THE MARKET – OBLIGATIONS OF ECONOMIC OPERATORS MANUFACTURERS

      1. 5. Design and manufacture in accordance with essential safety requirements

      2. 6. Technical documentation and conformity assessment

      3. 7. EU declaration of conformity and CE marking

      4. 8. Retention of technical documentation and EU declaration of conformity

      5. 9. Compliance procedures for series production

      6. 10. Traceability of certain civil explosives excluded from the scope of regulations 4, 5 and 6 of the Identification and Traceability of Explosives Regulations (Northern Ireland) 2013 (ITOER (NI) 2013)

      7. 11. Instructions and safety information

   2. AUTHORISED REPRESENTATIVES

      1. 12. Appointment of authorised representative by written mandate

   3. IMPORTERS

      1. 13. Prohibition on placing on the market civil explosives which are not in conformity

      2. 14. Requirements which must be satisfied before an importer places a civil explosive on the market

      3. 15. Prohibition on placing on the market civil explosives considered not to be in conformity with the essential safety requirements

      4. 16. Information identifying importer

      5. 17. Instructions and safety information

      6. 18. Retention of technical documentation and EU declaration of conformity

   4. MANUFACTURERS AND IMPORTERS

      1. 19. Duty to take action in respect of civil explosives placed on the market which are considered not to be in conformity

      2. 20. Provision of information and cooperation

   5. DISTRIBUTORS

      1. 21. Duty to act with due care

      2. 22. Requirements which must be satisfied before a distributor makes a civil explosive available on the market

      3. 23. Prohibition on making available on the market civil explosives considered not to be in conformity with the essential safety requirements

      4. 24. Duty to take action in respect of civil explosives made available on the market which are not in conformity

      5. 25. Provision of information and cooperation

   6. IMPORTERS AND DISTRIBUTORS

      1. 26. Storage and transport

      2. 27. Cases in which obligations of manufacturers apply to importers and distributors

   7. ALL ECONOMIC OPERATORS

      1. 28. Translation of a declaration of conformity

      2. 29. Identification of economic operators

      3. 30. Prohibition on improper use of CE marking

   8. SUB-PART B: CONFORMITY ASSESSMENT

      1. 31. Presumption of conformity

      2. 32. Conformity assessment procedures

      3. 33. EU declaration of conformity

      4. 34. CE marking

   9. SUB-PART C: NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

      1. 35. Notified bodies

      2. 36. Notification

      3. 37. Presumption of conformity of notified bodies

      4. 38. Contents of notification

      5. 39. Monitoring

      6. 40. United Kingdom Accreditation Service

      7. 41. Changes to notifications

      8. 42. Operational obligations of notified bodies

      9. 43. Subsidiaries and contractors

5. PART 4 ENFORCEMENT OF THE REGULATIONS

   1. 44. Enforcement in relation to Part 2 and Part 3, market surveillance and further matters

6. PART 5 TRANSITIONAL PROVISIONS AND REVOCATION

   1. 45. Transitional provisions

   2. 46. Revocation

7. Signature

8. 1. SCHEDULE 1

      ESSENTIAL SAFETY REQUIREMENTS

      1. (This Schedule reproduces, with minor modifications, the provision of Annex...

      2. PART 1 GENERAL REQUIREMENTS

         1. 1. Each civil explosive must be designed, manufactured and supplied in...

         2. 2. Each civil explosive must attain the performance characteristics specified by...

         3. 3. Each civil explosive must be designed and manufactured in such...

      3. PART 2 SPECIAL REQUIREMENTS

         1. 4. As a minimum, the following information and properties – where...

         2. 5. The various groups of civil explosives must at least also...

   2. SCHEDULE 2

      ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES, MARKET SURVEILLANCE, COMPLIANCE, WITHDRAWAL AND RECALL NOTICES, DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT

      1. PART 1 ENFORCEMENT POWERS IN RESPECT OF TRANSFERS, AND THE PLACING ON THE MARKET, OF CIVIL EXPLOSIVES AND MARKET SURVEILLANCE

         1. 1. Enforcement powers, market surveillance and designation of market surveillance authority

         2. 2. In Northern Ireland, the Department is designated as the market...

         3. 3. In its enforcement of Sub-Parts A and B of Part...

         4. 4. When enforcing Part 3, the enforcing authority must exercise its...

         5. 5. Subject to paragraph 7, and to the extent that they...

         6. 6. In relation to the enforcement of the provisions referred to...

         7. 7. (1) For the purposes of the enforcement of the provisions...

         8. 8. Evaluation of civil explosives presenting a risk

         9. 9. Enforcement action in respect of civil explosives which are not in conformity and which present a risk

         10. 10. EU safeguarding procedures

         11. 11. Enforcement action in respect of civil explosives which are in conformity, but present a risk

         12. 12. Enforcement action in respect of formal non-compliance

         13. 13. Restrictive measures

      2. PART 2 COMPLIANCE, WITHDRAWAL AND RECALL NOTICES

         1. 14. Compliance, withdrawal and recall notices

         2. 15. Compliance notice

         3. 16. Withdrawal notice

         4. 17. Recall notice

         5. 18. Compliance with a withdrawal or recall notice

         6. 19. Interpretation

      3. PART 3 DEFENCE OF DUE DILIGENCE, APPEALS AGAINST NOTICES AND FURTHER PROVISIONS IN RELATION TO ENFORCEMENT

         1. 20. Defence of due diligence

         2. 21. Service of documents

         3. 22. Action by enforcing authority

         4. 23. Appeals against notices

         5. 24. Appropriate court for appeals against notices

   3. SCHEDULE 3

      NOTIFIED BODY REQUIREMENTS

      1. 1. A conformity assessment body must be established in the United...

      2. 2. A conformity assessment body must be a third party body...

      3. 3. (1) A conformity assessment body, its top level management and...

      4. 4. A conformity assessment body, its top level management and the...

      5. 5. A conformity assessment body, its top level management and the...

      6. 6. A conformity assessment body must ensure that the activities of...

      7. 7. A conformity assessment body and its personnel must carry out...

      8. 8. A conformity assessment body must be capable of carrying out...

      9. 9. A conformity assessment body must have at its disposal—

      10. 10. A conformity assessment body must have the means necessary to...

      11. 11. The personnel responsible for carrying out conformity assessment activities must...

      12. 12. A conformity assessment body must be able to demonstrate the...

      13. 13. The remuneration of the top level management and the personnel...

      14. 14. A conformity assessment body must have, and must satisfy the...

      15. 15. A conformity assessment body must ensure that its personnel observe...

      16. 16. Paragraph 15 does not prevent the personnel from providing information...

      17. 17. A conformity assessment body must participate in, or ensure that...

   4. SCHEDULE 4

      OPERATIONAL OBLIGATIONS OF NOTIFIED BODIES

      1. 1. A notified body must carry out conformity assessments in accordance...

      2. 2. A notified body must carry out conformity assessments in a...

      3. 3. A notified body must perform its activities taking due account...

      4. 4. A notified body must respect the degree of rigour and...

      5. 5. Where a notified body finds that essential safety requirements or...

      6. 6. Where, in the course of the monitoring of conformity following...

      7. 7. Where the notified body has required a manufacturer to take...

      8. 8. Paragraph 9 applies where a notified body is minded to—...

      9. 9. Where this paragraph applies, the notified body must—

      10. 10. A notified body must inform the Secretary of State of—...

      11. 11. A notified body must make provision in its contracts with...

      12. 12. A notified body must provide other bodies notified under the...

      13. 13. A notified body must participate in the work of any...

9. Explanatory Note