Explosives, pyrotechnic substances and pyrotechnic articles, other explosive substances and blasting accessories

Draft Fifth Act amending the Explosives Act

By means of the draft Act, the Explosives Act is adapted in line with Directives (EU) 2013/29, 2014/28 and 2014/58.

Subsequent to the case law of the Federal Constitutional Court
relating to the principle of materiality, there will be a large-scale
transfer of provisions hitherto regulated by means of a regulation to
the Explosives Act.

Newly included in the Act are the obligations incumbent upon the
economic operators already regulated hitherto in general terms and which
are henceforth substantiated by the aforementioned directives, a
transfer of provisions relating to market surveillance which were
directly applicable previously under Regulation (EC) No 765/2008 and the
introduction of a registration number for the purpose of tracing
pyrotechnic articles.

Provisions concerning official exemptions were transferred to the
Act from the First Ordinance to the Explosives Act. These have been
updated by updating them simultaneously with provisions already laid
down in the Act.