First ordinance on the Explosives Act
| Basic data | |
|---|---|
| Title: | First ordinance on the Explosives Act |
| Abbreviation: | 1. SprengV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Explosives Act , Law on Administrative Offenses |
| Legal matter: | Commercial law , trade law |
| References : | 7134-2-1 |
| Issued on: | November 23, 1977 ( Federal Law Gazette I p. 2141 ) |
| Entry into force on: | 1st December 1977 |
| Last change by: |
Art. 233 Regulation of June 19, 2020 ( Federal Law Gazette I p. 1328, 1355 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Weblink: | Text of the regulation |
| Please note the note on the applicable legal version. | |
The First Ordinance on the Explosives Act (1. SprengV) is an implementation ordinance of the Federal Minister of the Interior for the German Explosives Act (SprengG).
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Exceptions to the permit requirement
In Section I (§§ 1 to 4 1. SprengV), the handling of individual explosives and pyrotechnic objects is subject to the authorization requirement in accordance with § 7 , § 27 SprengG excluded.
These include, for example, explosives and pyrotechnic objects of category P2 (see Section 3a (1) No. 3 SprengG) that are used as signaling means in shipping or in aerospace, in water and air sports or in mountaineering to rescue people or the propellant or firecrackers powder to shoot a salute on a special occasion ( § 1 1. SprengV).
The handling of small quantities of explosives, pyrotechnic objects and other explosive substances according to Section 1 (4) No. 1 SprengG for scientific, analytical, medical and pharmaceutical purposes in institutes and laboratories, e.g. by doctors, dentists, veterinarians, is also not subject to authorization or pharmacists ( § 2 1. SprengV).
Properties, labeling and sales of explosives
Section II (§§ 6 to 7 1. SprengV) regulates certain requirements for the individual explosives, pyrotechnic objects and other explosive substances and explosive accessories.
Section 6 (1) in conjunction with Annex II to the 1st Explosive Ordinance requires, for example, the homogeneity and thermal stability of mixtures and, in the case of ignition cables, sufficient flexibility and flexural strength. The substances in question must also be adequately marked and labeled ( § 6a , § 7 1. SprengV).
In the III. Section (§§ 9 to 13 1. SprengV) a special testing and approval procedure is regulated by the Federal Institute for Materials Research and Testing (BAM), which also has to document the tested substances in detail.
Section IV (§§ 14 to 19 1. SprengV) primarily contains provisions on the labeling and packaging of explosive substances to others. The packaging must be approved under dangerous goods law and designed in such a way that it does not cause an avoidable increase in risk according to the state of the art or that no pyrotechnic object is triggered by normal thermal or mechanical stress. It must also be marked in accordance with certain regulations ( CE marking ).
Section V (Sections 20 to 24 of the 1st Explosive Ordinance) relates to the sale and use of pyrotechnic objects. § 20 1. SpengV makes the sale dependent on a certain age limit, the use also on the holding of a permit according to § 7 or § 27 SprengG. Fireworks may only be given to the consumer in the period from December 28th to 31st ( § 22 1st SprengV). The burning of pyrotechnic objects in the immediate vicinity of churches, hospitals, children's and old people's homes as well as particularly fire-sensitive buildings or systems is prohibited ( Section 23 (1) 1st Explosive Ordinance ). Fireworks in the period from January 2nd to December 30th are notifiable ( § 23 Paragraph 1 1. SprengV). Effects with pyrotechnic objects and pyrotechnic sentences in theaters and comparable facilities and effects with explosive substances in film and television production facilities must be tested beforehand according to the intended use ( Section 23 (6) 1st Explosive Ordinance).
Qualification certificate
Sections VII to IX (§§ 29 to 44 1. SprengV) in conjunction with § 9 Para. 3 SprengG deal with the certificate of expertise required for the issuing of a permit to handle explosive substances.
Sufficient technical and legal knowledge about the handling and traffic of explosive substances must be proven. This knowledge is imparted by state-recognized basic, special or repetition courses ( Section 32 1. SprengV).
The course participants must have reached the age of 21, be reliable and personally suitable. The reliability and personal suitability are to be proven by a clearance certificate. In particular, anyone who has a relevant criminal record, is a member of an unconstitutional party or a prohibited association does not have the required reliability. Therefore, before a clearance certificate is issued, unlimited information is obtained from the Federal Central Register ( § 8a SprengG).
Explosives directory
Section X (§§ 41 to 44 1. SprengV) contains more detailed provisions on the list to be kept by the holder of a commercial license in accordance with § 7 SprengG on the type and origin, quantity and whereabouts of the explosive substances used in the company.
The list is separated according to the type of explosive substances and the ignition means and is to be kept with regard to its correctness and completeness based on the principles of proper accounting in commercial law ( Section 41 (2) sentence 5 1st Explosive Ordinance, Section 239 HGB).
Committee of Experts
According to Section XI, § 45 1. SprengV in conjunction with § 6 Paragraph 2 SprengG, an expert committee for explosive substances was formed at the Federal Ministry of the Interior . This is one of the federal government's scientific advisory bodies.
One of the tasks of the committee is to determine the state-of-the-art rules and other reliable scientific knowledge for the substances and objects subject to the SprengG, including their classification and labeling.
Administrative offenses
Violations of § 46 1. SprengV in conjunction with § 41 Paragraph 1 No. 16 SprengG, for example the unauthorized use of fireworks of a certain category, can be punished with a fine of ten to fifty thousand euros.
Individual evidence
- ↑ cf. Legal regulations for the sale and use of fireworks Scientific Services of the German Bundestag , January 18, 2018
- ↑ cf. Recognized course providers according to 1. SprengV. List of state-recognized courses in accordance with Section 32 of the 1st Ordinance on the Explosives Act Website of the European Agency for Safety and Health at Work (EU-O SHA), accessed on April 29, 2019
- ↑ cf. For example, application for the issuance of a clearance certificate according to § 34 First Ordinance on the Explosives Act (1st Explosives Ordinance) for obtaining specialist knowledge from the State Office of Saxony, accessed on April 29, 2019
- ↑ Scientific advisory bodies at the Federal Government and in the Bundestag Scientific Services of the German Bundestag , elaboration of September 8, 2010, p. 28
- ↑ cf. For example, technical rule on explosives law, labeling of explosive substances, their packaging and explosive accessories (SprengTR 100 - labeling) of April 9, 2014 (BAnz of April 30, 2014, B2)
