The Explosives Regulations 2014 (Amendment) Regulations 2016

Explosives Regulations 2014 (Amendment) Regulations 2016

These new regulations come into force on the 20th April 2016 and details can be found on the HSE website at: http://www.hse.gov.uk/explosives/regulations2016.htm

In the last journal, Martyn Sime gave a summary of these new regulations.  In order to implement the recast of the Civil Uses Directive on explosives, the Explosive Regulations have been amended to accommodate these changes.  In the main, the bulk of the 2016 regulations deal with the substitution of Part 13 of the 2014 Regulations, the Placing on the Market of Civil Explosives, with a new Part 13, which has 3 sub parts-

A Making available on the Market – obligations of Economic Operators
B Conformity Assessment bodies
C Notification of Conformity Assessment Bodies.

The term “economic operator” means anyone who is a manufacture, an authorised representative, (a person established within an EEA state who has a manufacturers written mandate to act for them) an importer, distributor or any person who engages in storage, use, transfer, import, export or trade in civil explosives.  It is important that members working with or placing on the market civil explosives are sighted on the requirements contained within these amending regulations.

The transition has required the introduction or amendment to over 20 new or revised meanings in Regulation 2 of the 2014 Regulations and some 35 additional regulation sub paragraphs in Part 13.  Schedule 12 of the 2014 Regulations has been replaced and provides for the powers, compliance, withdrawal & recall notices, defences and appeals in relation to enforcement.  This schedule is of significance mainly to those areas where either HSE or ONR are the enforcing authority.  The regulations add two additional schedules to the 2014 Regulations, Schedule 15 which deals with the requirements of a Notified Body and Schedule 16 the operational obligations of Notified Bodies.

Regards
Legal and Compliance