Concept and Legal Classification of Explosives
An explosive is a substance or preparation that, when suitably initiated or subjected to external influences, reacts chemically in an explosive manner with strong release of energy and gas. The definition and legal handling of explosives are regulated in detail under German law and international regulations. These primarily concern the acquisition, possession, manufacture, storage, transport, and use of explosives, in order to ensure public safety and the protection of people and the environment.
Definition and Distinction
Chemical-physical definition
Explosive refers to substances or mixtures that are intended to cause explosions. Under German law, a distinction is made between explosive substances, pyrotechnic items, and propellant powders.
Legal Definition according to the Explosives Act
The German Explosives Act (SprengG) defines in § 1 para. 1 SprengG explosives as solid or liquid substances or mixtures that can be set off explosively as soon as they are exposed to the effect of an initiator or other suitable initial ignition.
Legal Foundations and Regulatory Areas
The Explosives Act (SprengG)
The SprengG is the central law governing the handling of explosives in Germany. It regulates, among other things:
- Manufacturing (§ 6 SprengG): The manufacture of explosives generally requires a permit.
- Acquisition and possession (§ 7 SprengG): The acquisition, possession, and use of explosives are subject to strict requirements and permit obligations.
- Transfer (§ 15 SprengG): The intra-Community transfer (e.g., between EU states) and the import or export of explosives are subject to notification and approval procedures.
- Use and Consumption (§ 9 SprengG): The use of explosives must generally be carried out by qualified and appropriately authorized persons.
Other Relevant Legal Provisions
- Explosives Ordinance (1. SprengV, 2. SprengV): Specifies the requirements of the SprengG, particularly regarding technical requirements, labeling, classification, storage, and transport of explosives.
- EU regulations and directives: The EU internal market regulations on explosives for civil use, in particular Regulation (EC) No. 98/2013 on the marketing and use of explosives precursors.
Permit Requirements and Official Supervision
Permitted Activities
Most activities related to explosives require official authorization. This typically includes manufacturing, acquisition, handling, as well as transfer, import, and export.
Requirements for Issuing a Permit
- Personal reliability: Proof by certificate of good conduct, verification by the authority.
- Expertise: Proof by successful participation in state-recognized courses with a final examination.
- Need: Concrete demonstration that there is a legitimate interest in activities involving explosives.
- Appropriate storage: Proof that explosives can be stored safely.
Supervisory and Control Powers
The competent authorities are authorized to inspect businesses, storage facilities, transportation, and the use of explosives. This serves to avert dangers and protect the public.
Classification and Labeling
Classification of Explosives
Explosives are classified—based on international standards (e.g., UN Recommendations on the Transport of Dangerous Goods)—into various hazard classes. These take into account in particular the type, quantity, sensitivity, and risk potential (e.g., detonation velocity, impact sensitivity, fire hazard).
Labeling Requirements
- Hazard symbols according to GHS/CLP Regulation: Explosives must be labeled according to internationally recognized symbols.
- CE mark: Civilian explosives may only be placed on the market with a CE mark and corresponding declaration of conformity.
Criminal and Regulatory Consequences
Criminal offenses
The Explosives Act provides for imprisonment and fines for violations in several provisions, in particular for:
- Illegal manufacturing, acquisition, or possession (§ 40 SprengG): Imprisonment of up to three years or a fine.
- Endangerment by explosives (§ 308 StGB): Anyone who endangers the life or physical integrity of another person by means of explosives is guilty of a serious criminal offense.
- Illegal manufacture of explosive substances (§ 310 StGB): Imprisonment of up to five years.
Regulatory Offenses
Violations that do not constitute a criminal offense may be punished as regulatory offenses with fines. The authority may also confiscate or destroy explosives and related equipment.
Handling Certain Explosives and Exception Areas
Pyrotechnic Articles
Somewhat relaxed regulations apply to pyrotechnic articles, for example fireworks, particularly regarding sales to private individuals at certain times and with age restrictions.
Exemptions and Special Regulations
Exemptions and exceptions exist for government agencies (e.g., Bundeswehr, police) and for research purposes, but are subject to strict requirements and inspections.
International Explosives Law
Special Transport Regulations
International agreements (especially ADR, IMDG Code) apply to the cross-border transportation of explosives. These regulations govern safety standards for shipping by road, rail, air, and sea.
International Cooperation
The control and combatting of illegal trade in explosives is coordinated internationally. The EU member states and the United Nations cooperate in implementing and monitoring the relevant regulations.
Conclusion
Explosives are subject to a tight and multi-layered regulatory framework in Germany and internationally. The aim of the strict legal requirements is to provide comprehensive protection for the public and all parties involved from the significant dangers associated with explosives. Compliance with the legal provisions is mandatory for all individuals and companies dealing with explosives and is closely monitored by the competent authorities. Violations are punished with severe sanctions. The legal regulations are regularly adapted to new security-related findings and international standards.
Frequently Asked Questions
Who is allowed to acquire and possess explosives in Germany?
In Germany, the acquisition and possession of explosives are strictly regulated by the Explosives Act (SprengG). Private individuals are generally prohibited from freely acquiring or possessing explosives. Only individuals with a permit under § 7 SprengG (for companies) or a certificate of expertise/permit under § 20 SprengG (e.g., for those involved in pyrotechnics or commercial users such as pyrotechnicians or tunnel builders) may possess or use explosives. The permit is issued by the competent authorities (usually trade supervisory offices or public order offices) after a comprehensive reliability assessment, verification of personal suitability, and proof of required expertise. In addition, stringent storage requirements apply according to the 2nd Explosives Ordinance.
What types of permits are available under the Explosives Act?
The Explosives Act fundamentally distinguishes the following types of permits: The general permit under § 7 SprengG is intended for companies and individuals who wish to manufacture, process, have processed, export, import, transfer, distribute, or acquire explosives. Individuals working in specific areas such as pyrotechnics, cannon shooting, or commercially require an individual permit under § 20 SprengG. There are also certificates of qualification under § 20 SprengG for certain activities, such as explosive authorization in mining. Finally, there is an exemption permit under § 27 SprengG, often used in the private sector, for example for club pyrotechnicians or ceremonial shooters who use lower quantities of explosives.
What requirements must be met for an explosives law permit?
Various requirements must be met to obtain a permit under explosives law. In addition to the minimum age (generally 21 years), the applicant must be reliable and personally suitable (§ 8 SprengG), meaning there must be no relevant prior convictions or indications of substance abuse. In addition, comprehensive expertise must be demonstrated, usually through successful completion of state-recognized training courses. Furthermore, suitable storage and safety measures for the explosives must be proven. Regular thorough inspections by the competent authorities are often required.
How is the transport of explosives legally regulated?
The transport of explosives is subject to strict regulations on the transport of hazardous goods, particularly the ADR (European Agreement Concerning the International Carriage of Dangerous Goods by Road). A corresponding permit is required for transport, and the transport vehicle must meet special safety requirements, such as specific safety devices and labeling obligations. The driver must possess an ADR certificate with an entry for Class 1 (explosive substances). During transport, explosives must always be secured against theft and unauthorized access. There are also time and spatial restrictions on transport in and through populated areas.
What penalties are threatened for unauthorized handling of explosives?
Unauthorized handling of explosives in Germany constitutes a criminal offense under the Penal Code in conjunction with the Explosives Act. Anyone who acquires, possesses, manufactures, transports, or uses explosives without the necessary permit risks imprisonment of up to five years or a fine (§ 40 SprengG). In particularly serious cases—especially when the life or physical integrity of others is endangered—the penalty can be even higher. In addition, anyone who stores explosives carelessly or in breach of the regulations is also liable to prosecution.
Are there exceptions for certain professional groups or applications?
Yes, certain professional groups are subject to exemptions, for example in mining, construction, the Bundeswehr, police, and fire departments. These organizations may use explosives within the scope of their duties, but only by specially trained and authorized personnel. Special permits can also be granted for scientific or technical purposes, but always under official supervision and after individual examination of the case. Special permits for professionals are also required for the acquisition and use of pyrotechnic items (e.g., Fireworks in categories F3 and F4).
What must be observed concerning the storage and safeguarding of explosives?
The storage of explosives is strictly regulated under the 2nd Explosives Ordinance. Explosives must be stored in approved, secured containers or bunkers, whose construction and security standards meet legal requirements. Storage locations must be protected against burglary, theft, fire, and unauthorized access. There are maximum storage quantities, which may vary between authorities. The storages must be checked regularly by the competent authorities, and records of storage and removal must be kept without gaps. It is also generally forbidden to use a residential building as a storage location.
