Civil explosives
- Document symbol
- G/LIC/N/3/GBR/3
- Original language
- English
- Published on
- 07/12/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The United Kingdom (UK) operates a system where an authorisation (with certain limited exemptions) is required for the acquisition of explosives.
With certain exemptions, importers must apply for a Transfer Document which authorises the transfer of the explosives into the UK. A Recipient Competent Authority (RCA) document is required for the domestic transfer of explosives.
Manufacturers or importers are required to mark most civil explosives with a unique identification code. Where it is required the unique identification code must be marked on (or in certain cases attached to) each individual item. Different marking requirements apply depending on the size of the explosive.
Those who wish to import explosives into the UK should ensure that the explosives have been assigned a hazard classification by a signatory to the European Agreement Concerning for International Carriage of Dangerous Goods by Road (ADR) and hold a Competent Authority Document (CAD), which specifies the hazard classification and any conditions in relation to the transport of the explosives.
Further information is available on the HSE website: https://www.hse.gov.uk/explosives/transfer-of-explosives.htm.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The provisions set out above apply to explosives as defined in The Explosives Regulations 2016. Explosive means (a) any explosive article or explosive substance which would (i) if packaged for transport, be classified in accordance with the United Nations Recommendations as falling within Class 1; or ii) be classified in accordance with the United Nations recommendations as (aa) being unduly sensitive or so reactive as to be subject to spontaneous reaction and accordingly too dangerous to transport, and (bb) falling within Class 1; or (b) a desensitised explosive.
For the purposes of transport and hazard classification this applies to articles and substances which would be classified in accordance with the United Nations Recommendations as falling within Class 1.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating in and coming from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
Licensing is not intended to restrict the quantity or value of imports. Licenses are deemed critical to protect human, animal or plant life and health and to protect the environment. No alternative methods have been considered in accomplishing the purposes because these are deemed critical for the continued safety, security and traceability of explosives that are acquired and brought into the UK. This method is in alignment with similar processes operated outside of the UK for the same purpose.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The licensing provisions are set out under the provisions of The Explosives Regulations 2016. (Specific arrangements for the importation of civil explosives into Northern Ireland in accordance with the requirements of European Directive No. 2014/28 relating to the making available on the market and supervision of explosives for civil uses continue to apply in NI by virtue of the Protocol on Ireland/Northern Ireland to the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. In NI, these Directive requirements are transposed by The Making Available on the Market and Supervision of Transfers of Explosives Regulations (Northern Ireland) 2016 and The Identification and Traceability of Explosives Regulations (Northern Ireland) 2013).
Licensing is statutorily required, and the designation of products subjected to licensing is set out in the Regulations. The licensing provisions in the Explosives Regulations 2014 are unaffected by the amendments made by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 and The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020. These amendments are specific to the conformity assessment marking provisions of the regulations. It is not possible for the Government (or the executive branch) to abolish the system without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Licences to manufacture or store explosives should be in place before explosives reach the UK Border and are imported. Further information is available on the HSE website Explosives - HSE. Applications for transfer documents, site codes and hazard classifications are generally processed within one month of receipt of all necessary information.
Q7.b. Can a licence be granted immediately on request?
No. A licence cannot be granted immediately on request.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
There are no limitations as to the period of the year during which application for licence and or importation may be made.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The application is considered by a single administrative organ (Health and Safety Executive). Applications for import into NI are considered by the Department of Justice in Northern Ireland.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The conditions of each licence will be set out in the licence document.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons, firms and institutions are eligible to apply for licences. The system is restrictive insofar as the applicant for a licence must first apply for and obtain authorisation from the local police authority for a certificate to acquire or acquire and keep any relevant explosive. A certificate is issued to the applicant if the chief officer of police is satisfied that the applicant is a fit person. Fees are payable for the issue of both the certificate and the licence.
There is no system of registration of persons or firms permitted to engage in importation or a published list of authorized importers for civil explosives.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Further detail on the information required in applications is available on the HSE website.
Q11. What documents are required upon actual importation?
To apply for a GB Transfer, a company must supply HSE with a completed LP50 (GB Transfer form), with all relevant sections completed. They must also supply us with a valid Acquire & Keep Document and/or a Registered Firearms Dealer (RFD) document depending on what explosives they wish to transfer. All licences are required to import civil explosives. More information can be found here.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The relevant fees are payable on the scale laid down in the current Health and Safety (Fees) Regulations.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Currently there is no fee when applying to transfer explosives into GB. Further details on the other fees that may be payable for applications is available on the HSE website.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The period of validity of a licence depends on the type of licence and will be stated on the licence. Some licences can be renewed, through the application process.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or a portion of a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The conditions of each licence will be set out in the licence document.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
With certain limited exemptions authorisations are required for the acquisition, keeping, storage and/ or manufacture of explosives. Authorisations to acquire explosives are granted by the Police, while licences to store and/or manufacture explosives are granted by the Police, Local Authority or HSE, depending on the type and quantity of explosives. Both may be required before explosives can be lawfully kept in the UK. Applications for authorisations to acquire or acquire and keep explosives granted by the Police are subject to the time taken to complete all necessary security assessments. Licences for the manufacture and/or storage of explosives are subject to the time taken to undertake a full assessment of the proposed storage locations and suitability checks of the applicant. If an importer can arrange third party storage arrangements, then a licence to store may not be required before explosives are imported.