Federal Institute for Materials Research and Testing (BAM)

Working group Blasting Explosives and Propellants

Division 2.3 Explosives
D -12200 Berlin

Berlin, 2012-07-05

Information on
the procedure for transfer permits for explosives
General aspects
The transfer permit procedure was established together with the common market of Europe
and the removal of controls at borders, and came into force with the European Directive
93/15/EEC and its transposition into national laws. In Germany this is reflected in the German Explosives Act (SprengG).
Transfer permits are required for all explosives listed in Annex 3 of the Explosives Act
(SprengG) and for ammunition. No transfer permit is needed for transfer/transport of pyrotechnic articles (Directive 2007/23), for articles that are subject to the German Law on Control of War Weapons (KrWaffKontrG), and for articles treated under the German Weapons
Act. Transfers of civil ammunition have to be settled with the Division SO 11 of the Federal
Criminal Institute (BKA).
The following items are important to be taken into account:
* Transfers of explosives have to be approved of by the competent authority (art. 15
sect. 6 of the SprengG). The original has to be carried during transport and must be
shown on demand.
* The permit is subject to fees in accordance with the cost regulations pertaining to the
German Explosives Act. In general the applicant has to pay the fees.
* Applications can be launched by the consignee or his representative (the latter could
be the transport carrier or consignor). In the latter case a written agreement for the representative has to be included, if not already present at BAM.
* The transfer permit as to be present to the consignor, before the goods are transferred,
since the permit has to move along with the goods.
* Transfers taking place only within Germany do not require an official (in writing) transfer permit.
* Intra community transfer do require such a permit, which has to be requested at the
"Meldestelle" of BAM, (FAX 030-8104-1237).
* The required data in order to obtain a permit are given in Annex 6, no. 1 of the 1st Ordinance to the Explosives Act. The application form of BAM shows all required data
fields.
* Other legal conditions regarding import, export, transporting through Germany are unaffected. Import means the transfer from outside of the European Community to Germany, export and transit are to be understood correspondingly. Some issues on permits to import or export special types of explosives or articles are handled by the
Bundesamt fr Wirtschaft und Ausfuhrkontrolle (BAFA).

Procedure
By decision of the European Commission of 15. April 2004 (2004/388/EG, OJ of 24. April
2004, L 120/43) an official transfer permit is obligatory. Applications shall be lodged by using
the form given on the BAM website. Explanations regarding the procedure can be found within the form.

Information leaflet transfer of explosives

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In order to achieve short processing times the application shall be submitted by FAX or email
to the below given addresses (making an application by ordinary email is still possible, if
needed). Transfer permits are sent only by ordinary mail because they have to be issued on
special paper (due to a decision of the Omission). Applications sent by email shall only be
sent to the general address. If an application is sent to a specific person, delays during processing cannot be excluded.
Non-commercial applicants will have to add their handling permit according to 27 SprengG
to their application. The permit has to show the duration of validity, a mass limit if applicable
and the already obtained explosives (so called "Pulverliste"). In addition the application shall
contain the names and addresses of the relevant local authorities (Gewerbeaufsichtsmter,
Landratsmter o..) of everybody involved in the transfer in order to enable cross-checking of
data given.

Fees
Issuing of a transfer permit is subject to fees in accordance with the "Gebhrenverzeichnis",
section I of the SprengKostV. The general fee is given in an Annex ("Gebhrenverzeichnis")
for commercial applicants in section I, no. 8, to be between 30,68 bis 153,39, and for
non-commercial applicants in section I, no. 9, to be 10,23 bis 15,34.

Transfer permits
The permit for a single transfer is issued for a period of 4 weeks starting with the date of issue. However, it is also possible to apply for multiple transfers. Then the maximum period is
2 years from the date of issue.
Transfer permits for transfers to Germany can generally only be issued, if the explosive or
article with explosive have a dangerous goods classification, bear a CE mark according to
Directive 93/15/EEC, and have an assignment to a storage group in agreement with the 2nd
Ordinance to the German Explosives Act. In addition legal requirements with regard to persons involved in the transfer in Germany have to be fulfilled (license to handle explosives for
the carrier, the consignee).
Permits for transfers of explosives from Germany to other member states can only be issued,
where the legal requirements of persons involved are given (license to handle explosives for
the carrier, the consignor), and where a CE-mark is present or an agreement for transfer
without CE-mark of the recipient country is present.

Contact
Please address question regarding transfer permits and placing an application to:
Dr. Thomas Lehmann
Tel.: +49 - 30 - 8104 1231
Fax: +49 - 30 - 8104 1237
email: meldestelle.verbringen@bam.de

Information leaflet transfer of explosives

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