Explosives Law (Germany)

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The Explosives Act regulates the handling and marketing as well as the import and transit of explosives and blasting accessories. The most important source of law in Germany is the law on explosive substances .

European legal requirements

The civil commercial use of explosives has been the subject of European legislation several times since 1998. The following are to be mentioned:

  • Regulation (EU) No. 98/2013 of the European Parliament and of the Council on the marketing and use of precursors for explosives
  • Commission Directive 2008/43 / EC on the introduction of a procedure for the identification and tracing of explosives for civil purposes in accordance with Council Directive 93/15 / EEC
  • Commission Implementing Directive 2014/58 / EU on the establishment of a system for the traceability of pyrotechnic articles in accordance with Directive 2007/23 / EC of the European Parliament and of the Council
  • Directive 2013/29 / EU of the European Parliament and of the Council on the harmonization of the laws of the Member States relating to the making available of pyrotechnic articles on the market (recast) and the
  • Directive 2014/28 / EU of the European Parliament and of the Council on the harmonization of the laws of the Member States relating to the making available on the market and the control of explosives for civil purposes (recast).

Law on Explosive Substances (SprengG)

The law on explosive substances (Sprengstoffgesetz - SprengG) essentially regulates the handling, traffic and importation of explosive substances. The SprengG applies to both the commercial sector (e.g. manufacturers, fireworkers, quarries) and the non-commercial sector (e.g. gunner guns, reloaders). In principle, explosive substances may only be used in Germany if they have been approved beforehand. The approval process is described below. In principle, explosive substances may only be handed over to companies or persons who have a permit. Exceptions to the permit requirement are regulated in the 1st Ordinance on the Explosives Act. The following types of permits are anchored in the SprengG:

Permission according to § 7 SprengG for the handling, traffic and import of / with explosive substances in the commercial area

Companies that want to handle explosive substances require this permit. The handling within the meaning of the SprengG includes the manufacture, processing, processing, use, storage, destruction, transfer and, within the business premises, the transfer, receipt and transport of these substances. Manufacturers of explosive substances therefore need such a permit, as do companies that want to buy and use such substances. Typical license holders are:

Permit § 27 SprengG outside
§ 27 SprengG holders and substances
27 SprengG delivery certificate

Permission according to § 27 SprengG for the handling and traffic with explosive substances in the non-commercial area

Dealing with explosive substances in the private sector is only allowed to people who have a permit according to § 27 SprengG. Typical examples for private dealings are:

The permit authorizes the acquisition, transport, use and storage of the explosive substances. The import and any processing of the fabrics is not permitted. The manufacture of explosive substances is also prohibited.

People who apply for a permit in accordance with Section 27 of the SprengG must, as a rule, be 21 years of age and be able to provide evidence of a certificate of expertise and a need under the law on weapons (see above). In exceptional cases, the authority can admit people over the age of 18. Furthermore, a check according to the SprengG, largely identical to the check according to the WaffG, for reliability and personal suitability, takes place before participation in the corresponding specialist training course. Before the start of the course at the latest, the participant must present his / her clearance certificate (UB) according to the SprengG to the seminar leader.

The granted permit is usually limited to 5 years and states the purpose, the amount to be purchased and the substance in the period of validity. All purchases of substances that are subject to the SprengG must be entered by the subcontractors on the pages with the delivery certificates. The license can be extended after 5 years if the need under gun law persists and reliability and personal suitability are given. A new specialist examination is only required if the delivery note shows that the license holder has not carried out the approved activity in the past.

Furthermore, the license for reloading ammunition usually applies to all calibres of the cartridges produced in accordance with Section 10 WaffG and Section 27 SprengG as a purchase and ownership license. The owner buys from himself. A purchase of factory ammunition in the trade is not possible. The possession of the self-made ammunition is permitted up to 6 months after the license expires.

The practice used by some authorities to restrict the license to the size of an already existing WBK weapon possession card is not provided for in the SprengG and is regularly cashed in by the administrative courts.

Certificate of competence according to § 20 SprengG for employees who handle explosive substances

Employees who deal with explosive substances require a certificate of competence for their work. The following prerequisites are required to obtain a certificate of competence:

  • Minimum age 21 years
  • Reliability. The authorities determine the reliability by querying the federal central register, the central public prosecutor's procedural register and the police .
  • Personal suitability (no alcohol or drug addiction, no harm to others or oneself)
  • Expertise. The holder of a certificate of competence must have successfully attended a state or state-recognized specialist course. There are certain courses that have to be completed for the various areas of work. For example, someone who wants to demolish a building using blasting must successfully complete the basic course “General blasting work” and the special course “Blasting structures and parts of structures”. In some cases, proof of regularly attended repeat courses must be provided.

The certificate of competence is valid nationwide and may not be restricted to certain companies due to the constitutionally protected occupational freedom. The explosives authority in whose district the habitual residence takes place (usually this is the main residence) is responsible for the license holder.

Approval according to § 17 for the storage of explosive substances

In principle, a permit according to § 17 SprengG is required for the storage of explosive substances. The 2nd Ordinance to the Explosives Act contains exceptions which, depending on the type and quantity of the substances, constitute the statutory exemption from the licensing requirement. The exceptions to the 2nd SprengV are shown in Annexes 6 and 6a to the 2nd SprengV.

If the quantities to be stored exceed the maximum quantities in the tables in Annexes 6 and 6a, a permit in accordance with Section 17 SprengG is required, and from a storage capacity of 10 tonnes, an immission control permit under Section 4 of the Federal Immission Control Act .

The approval according to § 17 SprengG includes other official decisions affecting the warehouse - in particular those relating to building law.

"The licensing requirement extends to explosive substances according to § 1 Abs. 1 and Abs. 3 SprengG, explosive substances intended for detonation that are not explosive according to Appendix 1 SprengG, ignition devices and pyrotechnic objects, other objects that contain explosive substances according to § 1 Abs 1 or 3 of the SprengG or explosive substances within the meaning of Section 1, Paragraph 2, No. 1 of the SprengG.

"Not subject to the licensing requirement are explosive substances which are excluded from their scope of application under the conditions of Section 1 (2) No. 2 to 5 of the 2nd SprengV or which are in small quantities according to § 6 of the 2nd SprengV in conjunction with No. 4 of the Appendix to the 2nd SprengV. "(Section 17 No. 2 SprengVwV)

“The approval according to § 17 SprengG is not a personnel permit, but purely plant-related. It will therefore only be denied if the warehouse and its operation do not meet the requirements for the location, construction and facility in accordance with Section 17 (2) of the SprengG. The subject of the audit is the construction, operation and any significant change in the nature or operation of a warehouse (Section 17 Paragraph 1 Sentence 1 SprengG). "(Section 17 No. 3 SprengVwV)

"The construction and the establishment of a camp belong to the establishment." (Section 17 No. 4.1 SprengVwV)

"The operation of a warehouse encompasses the entire operating mode including the maintenance of the warehouse." (Section 17 No. 4.2 SprengVwV)

“The change to a warehouse is to be regarded as essential if the change gives rise to concerns that additional or other dangers to life, health or property of employees or third parties will be brought about. (see Section 17 (6) of the SprengG). If the change is not essential, approval in accordance with building regulations cannot be ruled out. "(Section 17 No. 4.3 SprengVwV)

“The reasons for refusal according to § 17 Abs. 2 SprengG are final. If there are no grounds for refusal, the applicant has a legal claim to the granting of the permit. "(Section 17 No. 5 SprengVwV)

"The reason for refusal according to § 17 Abs. 2 Nr. 1 SprengG obliges the competent authority to check whether precautions against dangers to life, health and property of employees or third parties have been taken. The safety-related requirements that are to be placed in detail on the different camps, are stipulated in the appendix to the 2nd SprengV and otherwise result from the generally recognized safety rules. These can be found in particular in the explosives storage guidelines, which are drawn up by the Federal Minister for Labor and Social Affairs and published in the Federal Worksheet, special supplement for occupational safety. "(Section 17 No. 5.1 SprengVwV)

“The other public law regulations within the meaning of Section 17 (2) No. 2 SprengG include in particular regulations on building law and immission control law. In addition, the authority has to take occupational health and safety issues into account in the approval process. "(Section 17 No. 5.2 SprengVwV)

“Upon written request, the competent authority can permit exceptions to the provisions of the appendix to the 2nd Explosive Ordinance under the requirements of Section 3 (1) of the 2nd Explosive Ordinance. These prerequisites are met for the storage of pyrotechnic objects in sales rooms of commercial buildings within the meaning of the department and commercial building regulations of the federal states, if the requirements specified in the annex are met. "(Section 17 No. 5.3 SprengVwV)

"The approval can be restricted in terms of content, e.g. B. on certain types and quantities of explosive substances; it can also be granted subject to conditions and linked to conditions (Section 17 (3) SprengG). "(Section 17 No. 6 SprengVwV)

“As far as components or systems, in particular cabinet bearings, are approved according to their design, the inspection by the authorities is limited to the other components as well as the location, the type of installation and the operation of the warehouse. Regarding the type approval procedure, reference is made to Section 5 of the 2nd SprengV. "(Section 17 No. 7 SprengVwV)

Administrative regulation for the Explosives Act

The General Administrative Regulation for the Explosives Act (SprengVwV) specifies the Explosives Act.

First Ordinance on the Explosives Act (1st SprengV)

Approval of explosive substances, exemptions from the Explosives Act, distribution and surrender, specialist knowledge and examination procedures, last amended by Art. 1 of the ordinance of 11 June 2017 ( Federal Law Gazette I p. 1617 )

Fireworks of category II (New Year's Eve fireworks) may only be burned off on New Year's Eve or New Year's Eve and then only by persons of legal age , except for permit holders according to §§ 7, 20 or 27 SprengG . There is a ban on the sale of these items outside of the times listed in Section 22 (1) of the 1st Explosive Ordinance.

In individual cases, exceptions to the sales and burn-down times are possible by the responsible municipal administration (local police authority / public order office).

Second Ordinance on the Explosives Act (2. SprengV)

Storage of explosive substances, last amended by Art. 111 of the law of March 29, 2017 ( Federal Law Gazette I p. 626 )

Third Ordinance on the Explosives Act (3rd SprengV)

Notification of explosions, last amended by Article 21 of the law of July 25, 2013 ( Federal Law Gazette I p. 2749 )

Important provisions

Cost Ordinance for the Explosives Act (SprengKostV)

The fees for official acts , examinations and investigations according to the Explosives Act and according to the statutory ordinances based on the Act are determined by the Cost Ordinance for the Explosives Act (SprengKostV), last amended by Art. 4 of the Act of June 15, 2005 ( Federal Law Gazette I p. 1626 ).

Officially recognized technical rules and guidelines

At the subordinate level, there are also numerous technical rules and guidelines for the construction, storage, labeling and theft protection of explosive substances as well as for carrying out blasting work.

literature

  • Erich Apel , Andreas Keusgen (Ed.): Sprengstoffgesetz . 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 2011, ISBN 3-503-01546-9 (loose-leaf edition).

Web links

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

Individual evidence

  1. ↑ 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)
  2. ↑ Cost Ordinance for the Explosives Act of April 14, 1978, Federal Law Gazette I p. 503
  3. ↑ cf. the compilation of Sprengstoffrecht (Spreng) website trade supervisory authority Baden-Württemberg, accessed on April 27, 2019