[^M_F_61a8fc30-f1f9-4865-a3f5-6455e705baf6]: Pt. 13 Sub-Pt. C substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 28 (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2, The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(f)(iii)(iv)); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_383833f7-c76a-496c-af0a-2425cd642ecc]: Words in Sch. 12 para. 2 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 32(a) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_764694d8-32fb-41f9-d9db-bb96bc56a75b]: Words in Sch. 12 para. 2 omitted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 32(b) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^M_F_e750811d-77f4-496c-990b-b2d068cc2a6e]: Word in Sch. 15 para. 9(b) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 33(b) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2, The Product Safety, Metrology and Mutual Recognition Agreement (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1246), regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b4105609141892156d54831b23831a47]: Words in Sch. 16 para. 2 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 34(c) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e20bc6b3341c26073ae23382bf68a7b4]: Words in Sch. 16 para. 4 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 34(e) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-e8b5bed5dbcd00f8338c73a304e54a53]: Words in Sch. 16 para. 8 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 34(i) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ce0d0948e7b3a50fd5c75359cc46ee80]: Words in Sch. 16 para. 11 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 16 para. 34(l) (with Sch. 16 para. 29) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b005bfc475c4a714c7160923c6aaefce]: Words in reg. 50(1A) substituted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 4, Sch. 3 para. (e)

[^key-c879f2e26dd507010015d1b6d6dc5d7b]: Words in reg. 68(1A) substituted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2 para. (g)

[^key-acea0dd65c579391676355dce5548454]: Reg. 82A(5)(6) inserted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 10(2)

[^key-5b702895ae8ad6bfd39db9d0afb47f84]: Reg. 2(1) modified (E.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 46(2), Sch. 7 para. 13

[^key-bb828721e324e232160e5e744b19a4c0]: Sch. 15 para. 1 substituted (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Treatment of Conformity Assessment Bodies (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Regulations 2024 (S.I. 2024/504), reg. 5

[^key-d41ecc1db01a63dd43e00290a6255442]: Words in reg. 2(1) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 9(2) (with reg. 23)

[^key-61bb05a59b65dc25467f6394c9edf7c9]: Words in reg. 64A(2) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 9(3)(a) (with reg. 23)

[^key-ffc2030c96861caf9e9b332718834be9]: Words in reg. 64A(4) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 9(3)(a) (with reg. 23)

[^key-494803417ca4b5da94932d6e80817a48]: Reg. 64A(6) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 9(3)(b) (with reg. 23)

[^key-23f39ca37bece4539e855a31845e0b84]: Reg. 64A(7) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 9(3)(b) (with reg. 23)

[^key-969e3d364b240bced0beead5273c2ef0]: Reg. 64C substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 9(4) (with reg. 23)

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

Design and manufacture in accordance with essential safety requirements

Technical documentation and conformity assessment

EU declaration of conformity and CE marking

Retention of technical documentation and ... declaration of conformity

Compliance procedures for series production

Traceability of certain civil explosives excluded from the scope of regulations 33, 34 and 36

Instructions and safety information

AUTHORISED REPRESENTATIVES

Appointment of authorised representative by written mandate

IMPORTERS

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

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

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

Information identifying importer

50

(1) Before placing a civil explosive on the market, an importer must indicate on the civil explosive—

(a) any of—

(i) the name;

(ii) registered trade name; or

(iii) registered trade mark of the importer; and

(b) a postal address at which the importer can be contacted.

(1A) Paragraph (1) does not apply where the importer has imported the civil explosive from an EEA state or Switzerland and places it on the market within the period of seven years beginning with IP completion day, and before placing the civil explosive on the market, the importer sets out the information referred to in paragraph (1) in a document accompanying the civil explosive.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and a relevant authority.

(3) Where it is not possible to indicate the information specified in paragraph (1) on the civil explosive, the importer must indicate that information—

(a) on the packaging; or

(b) in a document accompanying the civil explosive.

Instructions and safety information

51

When placing a civil explosive on the market, an importer must ensure that it is accompanied by instructions and safety information that are clear, legible and in easily understandable English.

Retention of technical documentation and ... declaration of conformity

52

An importer must, for a period of 10 years beginning on the day on which the civil explosive is placed on the market—

(a) keep a copy of the ... declaration of conformity at the disposal of the market surveillance authority; and

(b) ensure that the technical documentation can be made available to that authority, upon request.

MANUFACTURERS AND IMPORTERS

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

53

(1) A manufacturer or importer who considers, or has reason to believe, that a civil explosive which they have placed on the market is not in conformity with this Part must immediately take the corrective measures necessary to—

(a) bring the civil explosive into conformity;

(b) withdraw the civil explosive; or

(2) Where the civil explosive presents a risk, the manufacturer or importer must immediately inform the market surveillance authority... of the risk, giving details of—

(a) the respect in which the civil explosive is considered not to be in conformity with this Part; and

(b) any corrective measures taken.

Provision of information and cooperation

54

(1) A manufacturer or importer must, further to a reasoned request from the market surveillance authority, provide the authority with the information and documentation necessary to demonstrate that the civil explosive is in conformity with this Part—

(a) in paper or electronic form; and

(b) in clear, legible and easily understandable English.

(2) A manufacturer or importer must, at the request of the market surveillance authority, cooperate with the authority on any action taken to—

(a) evaluate a civil explosive in accordance with paragraph 8 of Schedule 12 (evaluation of civil explosive presenting a risk);

(b) eliminate the risks posed by a civil explosive which the manufacturer or importer has placed on the market.

DISTRIBUTORS

Duty to act with due care

55

When making a civil explosive available on the market, a distributor must act with due care to ensure that it is in conformity with this Part.

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

56

(1) Before making a civil explosive available on the market, the distributor must verify that—

(a) the civil explosive—

(i) bears the UK marking;

(ii) is accompanied by the required documents;

(iii) is accompanied by instructions and safety information that are clear, legible and in easily understandable English;

(b) the manufacturer has complied with the requirements, where applicable, set out in regulation 44 (traceability of certain civil explosives excluded from the scope of regulations 33, 34 and 36) to the extent not already covered by sub-paragraph (a)(ii); and

(c) the importer has complied with the requirements set out in regulation 50 (information identifying importer) to the extent not already covered by sub-paragraph (a)(ii).

(2) In paragraph (1)(a)(ii), “required documents” means the documents that are required to be provided with the civil explosive pursuant to—

(a) regulation 44(2) and (3); and

(b) regulation 50(3).

Prohibition on making available on the market where civil explosive considered not to be in conformity with the essential safety requirements

57

(1) Where a distributor considers, or has reason to believe, that a civil explosive is not in conformity with the essential safety requirements, the distributor must not make the civil explosive available on the market.

(2) Where the civil explosive presents a risk, the distributor must inform the following persons of the risk—

(a) the manufacturer or the importer; and

(b) the market surveillance authority.

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

58

(1) A distributor who considers, or has reason to believe, that a civil explosive which the distributor has made available on the market is not in conformity with this Part must make sure that the necessary corrective measures are taken to—

(a) bring that civil explosive into conformity;

(b) withdraw the civil explosive; or

(2) Where the civil explosive presents a risk, the distributor must immediately inform the market surveillance authority... of that risk, giving details of—

(a) the respect in which the civil explosive is considered not to be in conformity with this Part; and

(b) any corrective measures taken.

Provision of information and cooperation

59

(1) A distributor must, further to a reasoned request from the enforcing authority, provide the authority with the information and documentation, in paper or electronic form, necessary to demonstrate that the civil explosive is in conformity with this Part.

(2) A distributor must, at the request of the enforcing authority, cooperate with the authority on any action taken to—

(a) evaluate a civil explosive in accordance with paragraph 8 of Schedule 12 (evaluation of civil explosives presenting a risk); and

(b) eliminate the risks posed by a civil explosive which the distributor has made available on the market.

IMPORTERS AND DISTRIBUTORS

Storage and transport

60

Each importer and distributor must ensure that, while a civil explosive is their responsibility, its storage or transport conditions do not jeopardise its conformity with the essential safety requirements.

Cases in which obligations of manufacturers apply to importers and distributors

61

An economic operator (“A”) who would, but for this regulation, be considered an importer or distributor, is to be considered a manufacturer for the purposes of this Part and is subject to the obligations of a manufacturer under this Part, where A—

(a) places a civil explosive on the market under A’s own name or trademark; or

(b) modifies a civil explosive already placed on the market in such a way that it may affect whether the civil explosive is in conformity with this Part.

ALL ECONOMIC OPERATORS

Translation of declaration of conformity

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Identification of economic operators

63

(1) This regulation applies in relation to civil explosives excluded from the scope of regulations 33, 34 and 36 by virtue of regulation 3(15).

(2) An economic operator (“E”) who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the market surveillance authority—

(a) any economic operator who has supplied E with a civil explosive to which this regulation applies; and

(b) any economic operator to whom E has supplied a civil explosive to which this regulation applies.

(3) The relevant period is—

(a) for information under paragraph (2)(a), a period of 10 years beginning on the day on which E was supplied with the civil explosive;

(b) for information under paragraph (2)(b), a period of 10 years beginning on the day on which E supplied the civil explosive.

Prohibition on improper use of CE marking

64

(1) An economic operator must not affix the UK marking to a civil explosive unless—

(a) that economic operator is the manufacturer; and

(b) the conformity of the civil explosive with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure.

(2) An economic operator must not affix to a civil explosive a marking (other than the UK marking) which purports to attest that the civil explosive is in conformity with the essential safety requirements.

(3) An economic operator must not affix to a civil explosive a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the UK marking.

(4) An economic operator must not affix to a civil explosive any other marking if the visibility, legibility and meaning of the UK marking would be impaired as a result.

SUB-PART B: CONFORMITY ASSESSMENT

Presumption of conformity

65

(1) A civil explosive which is in conformity with a designated standard, or part of such a standard, ... is to be presumed to be in conformity with the essential safety requirements covered by that standard, or that part of that standard.

(2) The presumption in paragraph (1) is rebuttable.

Conformity assessment procedures

66

(1) Assessment of conformity of a civil explosive is carried out by an approved body in accordance with the procedures set out in Schedule 17.

(2) For the assessment of conformity of a civil explosive, the manufacturer must follow one of the following procedures set out in Schedule 17—

(a) in Part 1 of Schedule 17, Type examination carried out by an approved body (Module B), and, at the choice of the manufacturer, one of the following procedures—

(i) in Part 2 of Schedule 17, conformity to type based on internal production control plus supervised product checks at random intervals (Module C2);

(ii) in Part 3 of Schedule 17, conformity to type based on quality assurance of the production process (Module D);

(iii) in Part 4 of Schedule 17, conformity to type based on product quality assurance (Module E);

(iv) in Part 5 of Schedule 17, conformity to type based on product verification (Module F);

(b) in Part 6 of Schedule 17, conformity based on unit verification (Module G).

EU declaration of conformity

67

The ... declaration of conformity for a civil explosive must—

(a) state that the fulfilment of the essential safety requirements has been demonstrated in respect of the civil explosive;

(b) contain the elements specified in Schedule 17, for the relevant conformity assessment procedure followed in respect of the civil explosive; and

CE marking

68

(1) The UK marking must be affixed visibly, legibly and indelibly—

(a) to the civil explosive; or

(b) where paragraph (1A) applies, to—

(i) a label affixed to the civil explosive; or

(ii) the accompanying documents.

(1A) For a period of seven years beginning with IP completion day, the UK marking may be affixed to—

(a) a label affixed to the civil explosive; or

(b) the accompanying documents.

(2) Where paragraph (1A) does not apply and it is not possible or warranted, on account of the nature of the civil explosive, to affix the UK marking in accordance with paragraph (1), the UK marking must be affixed to—

(a) the packaging; and

(b) the accompanying documents.

(3) The UK marking must be followed by the identification number of the approved body which carried out the relevant conformity assessment procedure for the civil explosive, where that body is involved in the production control phase.

(4) The identification number of the approved body must be affixed—

(a) by the approved body itself; or

(b) under the instructions of the approved body, by the manufacturer or the manufacturer’s authorised representative.

(5) In the case of a civil explosive—

(a) manufactured for the manufacturer’s own use;

(b) transported and delivered unpackaged or in a mobile explosives manufacturing unit for its direct unloading into the blast-hole; or

the UK marking must be affixed to the accompanying documents.

SUB-PART C: Approval of Conformity Assessment Bodies

Notified bodies

69

(1) An approved body is a conformity assessment body which—

(a) has been approved by the Secretary of State pursuant to the procedure set out in regulation 70 (approval of conformity assessment bodies); or

(b) immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 75(1) or (2) as they had effect before IP completion day to suspend or withdraw the body's status as a notified body.

(2) Paragraph (1) has effect subject to regulation 73 (restriction, suspension or withdrawal of approval).

(3) In this Sub-Part—

“notified body” means a body—which the Secretary of State had before IP completion day notified to the European Commission and to the other EEA states, in accordance with Article 24 of the Directive; andin respect of which no objections had been raised, as referred to in regulation 69(1)(b);

“approved body requirements” means the requirements set out in Schedule 15.

Notification

70

(1) The Secretary of State may approve only those conformity assessment bodies that qualify for approval.

(2) A conformity assessment body qualifies for approval if the first and second conditions below are met.

(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and that application is accompanied by—

(a) a description of—

(i) the conformity assessment activities that the conformity assessment body intends to carry out;

(ii) the conformity assessment procedure in respect of which the conformity assessment body claims to be competent;

(iii) the civil explosives in respect of which the conformity assessment body claims to be competent; and

(b) either—

(i) an accreditation certificate; or

(ii) the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements.

(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the approved body requirements.

(6) When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may–

(a) have regard to any other matter which appears to the Secretary of State to be relevant; and

(b) set conditions that the conformity assessment body must meet.

(7) For the purposes of this regulation “accreditation certificate” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.

Presumption of conformity of notified bodies

71

(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Contents of notification

72

The Secretary of State must monitor each approved body with a view to verifying that the body—

(a) continues to meet the approved body requirements;

(b) meets any conditions set—

(i) in accordance with regulation 70(6)(b); or

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