Explosive Substances – Legal Situation and Definition of Terms
Explosive substances play a significant role in numerous industries, in transportation, in chemical production as well as in research and technology. The handling, storage, transportation, and utilization of these substances are subject to extensive legal regulations in Germany, the European Union, and internationally. The following explanations provide a comprehensive and detailed presentation of the term “explosive substances” from a legal perspective, including differentiation from similar terms, statutory foundations, and practical regulations.
Definition and Characteristics of Explosive Substances
Definition according to Current Law
“Explosive substances” is a collective term for substances, mixtures, and articles that can undergo an explosive transformation by chemical reactions, in particular by self-decomposition or by external ignition. Central to the classification is the risk that energy may be released suddenly upon contact with certain physical or chemical influences.
German explosives law defines explosive substances in the Explosives Act (SprengG) (§ 1 para. 1 SprengG). There, these are referred to as substances, mixtures, or items “that are capable of exploding or can explode, and whose manufacture, processing, storage, transport, possession, or use may pose a particular danger, especially to life, health, property, or public safety.”
Distinctions between Similar Substance Groups
Explosive substances are to be distinguished from other hazardous substance groups, for example from flammable liquids, gases, or toxic substances. While with explosive substances the hazard lies in a sudden, abrupt reaction (explosion), the comparison groups generally pose fire or poisoning risks.
Legal Foundations in Germany
Explosives Act (SprengG)
The Explosives Act forms the central legal basis for handling explosive substances in Germany. It covers the manufacture, acquisition, possession, transport, transfer, use, consumption, destruction, storage, and import as well as the export of these substances.
Particular importance is attached to the regulations regarding permit requirements (§ 7 SprengG), professional expertise (§ 9 SprengG), as well as notification and documentation obligations. Violations can be prosecuted as administrative offenses or even as criminal acts.
Chemicals Act (ChemG) and Hazardous Substances Ordinance (GefStoffV)
In addition to the Explosives Act, explosive substances are also covered by the Chemicals Act. The Hazardous Substances Ordinance specifies the handling of hazardous substances and preparations, which also includes explosive substances, particularly for the protection of employees.
Technical Rules for Hazardous Substances (TRGS)
The Technical Rules for Hazardous Substances define requirements for occupational safety when handling explosive substances. TRGS 720 to 724, for example, regulate the avoidance of ignition sources, protective measures, and the classification of explosive areas.
Regulations at the European Level
CLP and REACH Regulation
Explosive substances are classified and labeled in the EU by Regulation (EC) No. 1272/2008 (CLP Regulation). Specific labeling is done using the hazard symbol “Exploding Bomb” and H-statements (e.g., H200: Explosive; Unstable explosive substances).
The REACH Regulation (EC) No. 1907/2006 additionally regulates registration, evaluation, authorization, and restriction of chemical substances – including explosive substances.
ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road)
The transport of explosive substances on public roads is specially regulated by the ADR. This includes classifications, packaging regulations, labeling, and documentation obligations, for example through hazard class 1 (“explosive”).
International Regulations and Harmonization
International agreements and recommendations, such as the UN Recommendations on the Transport of Dangerous Goods – Model Regulations, form the basis for worldwide uniform standards for the handling of explosive substances. The aim is cross-border safety in handling and transport, for example in sea or air freight.
Duties and Responsibilities in Handling and Storage
Permit Requirements
Both commercial and in some cases private handling of explosive substances as a rule requires a permit. From acquisition through use to destruction, official permits and evidence of reliability and technical expertise are generally required.
Documentation, Labeling, and Storage
Explosive substances are subject to strict regulations concerning labeling (labeling according to GHS/CLP), recording of all movements, and special storage requirements. These measures aim to ensure traceability and continuous control.
Operational Safety Ordinance (BetrSichV)
For the operation of facilities in which explosive substances are used, the provisions of the Operational Safety Ordinance apply. These include requirements for the explosion protection document, inspection, maintenance, and servicing obligations.
Monitoring and Sanctions
Authority Responsibilities
The monitoring of compliance with regulations falls under the responsibility of various authorities at the state level, such as explosives monitoring authorities, trade supervisory offices, and customs authorities.
Administrative Offenses and Criminal Acts
Violations of statutory regulations are prosecuted as administrative offenses or criminal acts. Possible sanctions range from heavy fines to imprisonment, especially in cases where life and limb or public safety are at risk.
Liability and Insurance Coverage
In the event of damage, operators, owners, or users of explosive substances may be held liable. The principle of strict liability and specific insurance obligations often apply, particularly for commercial operations.
Literature and Further Regulations
- Explosives Act (SprengG)
- Chemicals Act (ChemG)
- Hazardous Substances Ordinance (GefStoffV)
- Operational Safety Ordinance (BetrSichV)
- CLP Regulation
- REACH Regulation
- ADR Regulations
Summary
Explosive substances are comprehensively regulated by law and require a complex web of regulations at national, European, and international level. Compliance with statutory provisions serves to protect people, the environment, and property. Violations carry severe penalties. Companies and private individuals handling such substances must observe special duties of care, permit requirements, and extensive protective measures.
Frequently Asked Questions
What legal obligations arise for companies when handling explosive substances?
Companies handling explosive substances are subject to extensive legal obligations. First, they must comply with the requirements of the Explosives Act (SprengG) and its associated regulations, in particular the 1st Explosives Ordinance (1. SprengV). This includes the obligation to notify the competent authority of the handling and transfer of explosive substances as well as to obtain the necessary permits or qualification certificates. In addition, companies must conduct and implement risk assessments in accordance with the Hazardous Substances Ordinance (GefStoffV), take appropriate safety measures, regularly instruct employees, and maintain protection concepts. The storage, labeling, and documentation of explosive substances are also regulated in detail. Violations of these obligations can lead to fines, revocation of the permit, or criminal consequences.
What documentation and record-keeping obligations apply when dealing with explosive substances?
Strict documentation requirements apply to explosive substances. Specifically, companies must keep an inventory record, in which the acquisition, consumption, and whereabouts of the substances are completely documented. These records must be kept for at least five years and presented to the competent authority upon request. In addition, explosion protection documents must be prepared for certain work areas in accordance with the Hazardous Substances Ordinance (§ 6 GefStoffV), which must also be updated regularly. For transport and use, further evidence requirements apply, for example under ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road). Instructions given to personnel and the results of risk assessments must likewise be recorded in writing.
Who is permitted to acquire, store, or use explosive substances?
Legally, the acquisition, storage, and use of explosive substances is permitted only for persons or companies holding an official permit under the Explosives Act. For natural persons, a qualification certificate under § 20 SprengG is generally required, issued after successful demonstration of technical knowledge and reliability. Legal entities require a separate permit under § 7 SprengG. The granting of a permit is subject to various conditions, such as proof of reliability, personal suitability, technical knowledge, and, if applicable, compliance with specific storage requirements. Furthermore, these substances may only be stored in authorized storage facilities and in accordance with technical regulations (such as the Technical Rules for Hazardous Substances – TRGS).
What official inspections and examinations are provided for in the legal context?
Authorities such as trade supervisory offices and explosion protection authorities conduct regular as well as occasion-related inspections. These include checking compliance with all legal requirements, especially proper storage, labeling, documentation, and employee training. Additionally, assessments by authorized experts may be necessary, for example, when approving new storage facilities or after significant operational changes. If deficiencies are found, conditions may be imposed, storage facilities closed, or, in the case of serious violations, permits revoked or administrative offenses initiated.
What legal requirements apply to the storage of explosive substances?
Storage is subject to detailed legal requirements, especially from the 2nd Explosives Ordinance (2. SprengV), the Technical Rules for Hazardous Substances (TRGS 510), and building regulations. Explosive substances may be kept only in officially approved and specially secured storage facilities. There is a requirement to maintain minimum distances from other buildings, roads, and public spaces. Storage facilities must be equipped with suitable technical and organizational protective measures and are subject to regular inspections. The maximum storage quantity, the joint storage of different substances, and fire protection are strictly regulated. There is also a labeling requirement in accordance with the Dangerous Goods Ordinance.
What special requirements apply to the transport of explosive substances?
The transport of explosive substances is regulated by dangerous goods law (in particular ADR/RID) and the Explosives Act. Special packaging, labeling, and documentation obligations must be observed. Drivers and responsible persons must possess a special dangerous goods qualification. For certain substance classes, journeys must be reported to the police or competent authority and may only be conducted with approved vehicles. There are separate provisions for transport, such as restrictions during high outside temperatures or in tunnels. Load securing and emergency management, such as carrying extinguishing agents and emergency plans, are also strictly required.
