Explosives Act (Germany)

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Basic data
Title: Explosive Substances Act
Short title: Explosives Act
Abbreviation: Explosives Act
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Commercial law , trade law
References : 7134-2
Original version from: August 25, 1969
( Federal Law Gazette I p. 1358 )
Entry into force on: January 1, 1970
New announcement from: September 10, 2002
( BGBl. I p. 3518 )
Last change by: Art. 232 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 law
Please note the note on the applicable legal version.

The Sprengstoffgesetz ( law on explosive substances ) regulates the civil handling and traffic with, as well as the import and transit of explosive substances and explosive accessories in Germany. It is the most important source of law for German explosives law .

history

Predecessor norms of the current Explosives Act were the law against the criminal and public dangerous use of explosives of June 9, 1884 as well as numerous supplementary regulations of the federal states.

The act came under the influence of the English Act of April 10, 1883 and permitted the manufacture, distribution and possession of explosives only with official approval. Certain recording obligations (register management) were also introduced at that time. The penalty for violations consisted of prison as a standard punishment, for causing the death of others the death penalty .

Legislative competence

The first Federal German Explosives Act dated August 25, 1969. Unlike the law from the imperial era, this was not a police and criminal law, but rather covered the handling and traffic of explosive substances as a licensing and monitoring law under commercial law.

The Explosives Act of 1969 largely repealed both the Act against the Criminal and Public Dangerous Use of Explosives, last amended by the Act of June 1, 1964, and various state laws and ordinances from the 1950s. However, there was a juxtaposition of federal and state regulations because the federal government regulated the commercial and the federal states the non-commercial area. The terminology and registration of explosives were not consistent.

For this reason, on July 1, 1977, a new explosives law “from a single source” was issued. The law has now also included the non-commercial sector. Previously in the Basic Law with Art. 74 No. 4a, the competing legislative competence for weapons and explosives law had been inserted, of which the federal government with the law on explosive substances (Sprengstoffgesetz - SprengG) of 13 September 1976, came into force on July 1, 1977 made use of it.

With the reform of federalism , weapons and explosives law were transferred to the exclusive legislative competence of the federal government with effect from September 1, 2006 ( Art. 73 (1) No. 12 GG).

additional rules

An administrative regulation (SprengVwV) and several implementing ordinances were issued for the Explosives Act, as well as numerous technical rules and guidelines. The law itself was also subject to numerous changes; on April 17, 1986 it was republished. To implement the Council Directive 93/15 / EEC of April 5, 1993 on the harmonization of the provisions on the placing on the market and the control of "explosives" for civil purposes - "Explosives Directive" - ​​(OJ EC No. L 121 p. 20 , ber. OJ EC No. L 79 p. 34 of April 7, 1995) it was changed again by the "Act amending the Explosives Act and other regulations (SprengÄndG 1997)" of June 23, 1998 - the most comprehensive change in more recent times.

Contents overview

Section I regulates the scope of application, definitions of terms and authorizations to issue ordinances in the general provisions (Sections 1 to 6 SprengG).

According to § 1a SprengG, the law does not apply to the non-civil use of explosive substances or explosive accessories by the armed forces, the police or the departments responsible for the disposal of explosive ordnance .

Explosives categories

In § 3 , para. 1 SprengG particular the explosive substances are explosives , pyrotechnic articles and blasting accessories legally defined . Pyrotechnic objects are divided into certain categories according to the degree of danger they pose and their intended use ( Section 3a SprengG). Fireworks belong to category F1 to F4 ( Section 3a (1) no.1a to 1d SprengG), pyrotechnic objects for stage and theater of category T1 and T2 ( Section 3a (1) no.2a and 2b SprengG), other pyrotechnic objects Category P1 and P2 ( Section 3a Paragraph 1 No. 3a and 3b SprengG). Pyrotechnic sentences are divided into categories S1 and S2 according to their dangerousness ( Section 3a (2) SprengG), weather explosives and detonating cords according to their firedamp safety into classes I to III ( Section 3a (3) SprengG).

In the case of a new, other potentially explosive substance, the Federal Institute for Materials Research and Testing (BAM) determines which group of substances in Annex II to the Explosives Act the substance is to be assigned to ( Section 2 (2) and (3) of the Explosives Act). Appendix II differentiates between substance groups A to C according to sensitivity and effect.

Permission requirement

Section II provides for a license requirement ( § 7 SprengG), proof of specialist knowledge and certain labeling and recording obligations for manufacturers, importers and dealers (§§ 7 to 16l SprengG) for the commercial handling and traffic of explosive substances . The First Ordinance on the Explosives Act (1. SprengV) contains more detailed provisions .

Section V regulates the licensing requirement for the handling and traffic of explosive substances in the non-commercial area, for example for marksmen or hunters who manufacture their ammunition themselves ( reloading ) or who want to shoot with muzzle-loading weapons (Sections 27 to 29 of the Explosives Act). Scientists, doctors, dentists, veterinarians, pharmacists, non-medical practitioners and dentists do not require a permit for the manufacture, processing, storage, use, acquisition and transport of small quantities of explosive substances within the meaning of Section 2 (1) of the 1st Explosive Ordinance ( 27.3.2 SprengVwV).

Section VIII contains various provisions on penalties and fines, especially in the event of violations of statutory authorization and other behavioral obligations.

literature

  • Erich Apel, Andreas Keusgen, Dirk Wübbe (eds.): Explosives Act . tape 2 . Heymanns, Cologne, ISBN 978-3-452-18464-1 (loose-leaf edition since 1970).
  • Georg Erbs, Max Kohlhaas (Ed.): Criminal law subsidiary laws . tape 1 . CH Beck, Munich 2013.
  • Munich commentary on the Criminal Code . tape 5 (subsidiary criminal law). Munich 2007.
  • Georg Koller: New regulation of the law on explosive substances . Weka-Verlag, Kissing 1977, ISBN 3-8111-4910-5 .
  • Hans Schmatz, Matthias Nöthlichs (Hrsg.): Sprengstoffgesetz . 2nd Edition. Schmidt, Berlin 2015, ISBN 3-503-01546-9 (loose-leaf edition).

Web links

Wikisource: Explosives Act (1884)  - Sources and full texts

Individual evidence

  1. RGBl. P. 61
  2. Law on explosive substances (Sprengstoffgesetz - SprengG) Legal development, protective purpose. beck-online.de, accessed on April 26, 2019
  3. ^ A b c Joachim Steindorf: S 169. Law on explosive substances (Sprengstoffgesetz - SprengG): Preliminary remarks . In: Georg Erbs, Max Kohlhaas (Ed.): Criminal law subsidiary laws . tape 1 . CH Beck, Munich 2013, Rn. 2-9 .
  4. BGBl. I p. 1358
  5. cf. Section 39 Explosives Act 1969
  6. BT print. 7/5474, p. 3
  7. Thirty-fourth law amending the Basic Law (Art. 74 No. 4a) of 23 August 1976, Federal Law Gazette I p. 2383
  8. cf. Art. 74 No. 4a GG in the version valid before September 1, 2006, buzer.de, accessed on April 26, 2019
  9. cf. German Bundestag: Stenographic report, 256th session on July 1, 1976 Second and third deliberations on the draft of a thirty-third law amending the Basic Law (Articles 29, 39, 74 No. 4 a) - Drucksachen 7/4958, 7/5101, 7 / 5307, report and motion of the Legal Affairs Committee - printed matter 7/5491, p. 18384 D ff., P. 18395
  10. BGBl. I p. 2737
  11. Draft law amending the Basic Law (Articles 22, 23, 33, 52, 72, 73, 74, 74a, 75, 84, 85, 87c, 91a, 91b, 93, 98, 104a, 104b, 105, 107, 109, 125a, 125b, 125c, 143c) BT-Drs. 16/813 of March 7, 2006
  12. General administrative regulation for the Explosives Act (SprengVwV) in the version of the announcement of March 10, 1987 (BAnz.No. 60a of March 10, 1987)
  13. ^ First ordinance on the Explosives Act
  14. Second Ordinance on the Explosives Act
  15. Third ordinance on the Explosives Act
  16. Cost regulation for the Explosives Act
  17. cf. the compilation of Sprengstoffrecht (Spreng) website trade supervisory authority Baden-Württemberg, accessed on April 27, 2019
  18. Federal Law Gazette I 1530
  19. Law on explosive substances (Sprengstoffgesetz - SprengG) Annex II Federal Law Gazette I 2002, 3535
  20. 27.1 Explosives Ordinance
  21. cf. Permits under the law on explosives according to §27 SprengG in the non-commercial area of the Viersen district website , accessed on April 27, 2019