Apply for a permit to purchase and handle explosive substances on a commercial basis
You need a permit if you
- handle explosive substances on a professional basis, or
- distribute explosive substances on a professional basis and
- are self-employed in a
- a commercial enterprise or
- an agricultural or forestry business, or
- Employ workers.
You must apply for a permit to handle or distribute explosive substances on a commercial basis.
Permit holders may be natural persons or legal entities (e.g. public limited companies)a permit may be held by natural persons or legal entities (public limited companies (AG), limited liability companies (GmbH), cooperatives, associations, Länder and municipalities).
General partnerships (OHG) and limited partnerships (KG and GmbH Co KG) are treated the same as legal entities and are therefore permittedlegal persons and are therefore eligible for a licence.
In the case of partnerships under civil law (GbR), the permit is granted to the partners authorised to represent the company or to manage it.
Severalseveral partners may be authorised to manage the company. In this case, all persons responsible for explosives-related business areas must be listed in a company-related licence.
They must begin their activities within one year of the granting of the licence, otherwise the licence expires. The permit also expires if you have not carried out the activity for more than two years. The competent authority mayextend these periods for special reasons.
the district police authority
The district police authority is
- in large district towns, the municipal administration or
- the district administration office of the town in which your business is located
- Personal reliability
Personal reliability is not given, for example, if given if
- You have been convicted of a crime by a final court decision less than 10 years ago,
- Facts justify the assumption that you will misuse or recklessly use explosive substances,
- You have been a member of an association that has been unappealably banned under the Associations Act, and
- ten years have not elapsed since theten years have elapsed since the end of your membership, or
- You have been in preventive police custody more than once within the last five years because of violence with judicial authorisation.
Tip: Detailed information on the requiredyou will find detailed information on the required reliability in § 8a of the Explosives Act.
- Specialist knowledgeYou
can prove that you have the necessary specialist knowledge by successfully participating in special courses. These must be state or state-recognised courses in explosives law.
You can also prove that you have the necessary technical knowledge by
- at least three years of practical work during which you were able to acquire the required specialist knowledge, or
- Completion of training at a university, a university of applied sciences or a technical school and at least one year of practicalwork,if this enabled you to acquire the required specialist knowledge, or
- in justified exceptional cases, by examination before the competent authority without attending a course.
In Baden-Württemberg, the Regierungspräsidium Tübingen (Department 54.4) isresponsible for takingtheexamination
Note: The three above-mentioned options for demonstrating specialist knowledge are not possible if the permit to carry out blasting work or to handle explosive materials is granted in the context of the explosive ordnance ordinanceexplosives in the context of explosive ordnance disposal.
- Personal suitability
- physically unfit for the activity
- legally incompetent nor
- are addicted to alcohol or drugs or mentally ill.
Personally suitable also means that there are no reasons inherent in your person that would make you aon the basis of which
- You cannot handle explosive substances carefully or improperly, or
- you are unable to store them carefully, or
- there is a concrete danger to yourself or others.
Notice: If there is any doubt about your personal suitability, the authorities may require you to submit additional certificates. These may be official or specialist medical or psychological reports. You must submit these within a set period of time. If You refuse to take the examination or fail to submit the report within the specified time limit, the authorities may conclude that you are not fit to drive.
- Age: at least 21 years
The above-mentioned requirements of expertise, personal suitability and age apply to
- You as the applicant,
- the persons entrusted with the management of the enterprise, and
- the persons entrusted with the management of a branch or a dependent branch.
The above-mentioned requirements concerning technical knowledge, personal suitability and age do not apply to you as the applicant if the management of the handling and transport of explosive substances is entrusted to a competent manager. The requirements also do not apply to persons in the capacity of head of establishment or branch if the management of the handling and transport of explosive substances is entrusted to a competent manager within the establishment or branch.
Nationality and residence
The same requirements as for German nationals or as for applicants with a commercial presence in Germany apply to:
- Nationals of a member state of the European Union (EU) and
- Companies incorporated under the laws of another Member State of the EU.
You must apply for the permit. Contact the office responsible for you.
Depending on what the city or district office offers, the application form may be available for download.
If the competent office does not offer a form, you canuse the form "Application fora Permit under Section 7 of the Explosives Act" provided by the Ministry ofthe Environment.You may need to complete the associated "Supplement A". Submit the complete application to the competent authority.
The authority will check that the requirements have been met on the basis of the documents submitted documents submitted. In addition, it must obtain opinions from other authorities (e.g. the local police station or the constitution protection authority with regard to personal reliability) and may request expert opinions.
Thepermit may be limited in content or subject to conditions. These conditions are intended to protect the life and health as well as property of employees and third parties. Conditions can also be added or changed at a later date. Normally, you will receive a permit for an unlimited period of time. In individual cases, however, it may also be limited in time.
- completed application form
- Copy of identity card or comparable identification document
- for proof of personal reliability:
- If resident in Germany:
- If you are resident abroad: documents from your home country proving your personal reliability.
- For proof of entrepreneurial legal form:
- if the company has its registered office in Germany:
- for companies entered in a register: Extract from the commercial register or the partnership register
- otherwise a copy of the partnership agreement (e.g. in the case of a partnership under civil law (GbR))
- if the company is domiciled abroad: documents from the country of domicile proving the legal form.
- if the company has its registered office in Germany:
- if the persons intend to handle explosive substances on their own, also proof of professional competence (e.g. certificates of courses attended or proof of professional activity).
The competent authority may request further documents to verify personal reliability.
If you are resident abroad, you will need documents from your home country to prove your personal reliability.
In the case of legal entities (GmbH, Unternehmensgesellschaften, AG, eingetragene Genossenschaften), you only need to complete the application form for the legal entity. You must submit all personal documents for each of the natural persons entitled to manage the company (e.g. personal papers). For the legal entity, you also need an extract from the Central Business Register.
Partnerships (KG, OHG, PartG, GmbH Co. KG) are treated equally here.
GbRs are not eligible for a licence as such. Therefore, each managing partner requires a permit. For each of these persons you must submit a completed application form and all personal documents.
- Framework fee until 1.10.2021 according to federal law: EUR 102.26 - 2,812.11
- However, if your municipality has enacted a fee schedule for explosives law, the fee rates specified therein apply.
You may carry out the activities permitted by the permit. You are obliged to attend state-approved refresher courses every five years if you carry out one of the following activities:
- Carrying out blasting work,
- Manufacture of explosive substances,
- Work in explosive ordnance disposal,
- Transporting explosive substances in accordance with the regulations on hazardous goods,
- Burning of large fireworks,
- Performing effects in theatres or comparable establishments using pyrotechnic articles, pyrotechnic compositions or other explosive substances.
The authority shall re-examine permit holders for their reliability and personal suitability at least every five years.
- § 7 Sprengstoffgesetz (SprengG) (Erlaubnis)
- § 8 Sprengstoffgesetz (SprengG) (Versagung der Erlaubnis)
- § 8a Sprengstoffgesetz (SprengG) (Zuverlässigkeit)
- § 8b Sprengstoffgesetz (SprengG) (Persönliche Eignung, Begutachtung)
- § 9 Sprengstoffgesetz (SprengG) (Fachkunde)
- § 32 Abs. 5 der 1. Verordnung zum Sprengstoffgesetz (1. SprengV) (Pflicht zum Besuch von Wiederholungslehrgängen)
- §§ 38, 39 der 1. Verordnung zum Sprengstoffgesetz (1. SprengV) (Verfahren für Bürger der Europäischen Union, eines EWR-Vertragsstaaten oder der Schweiz)
- § 10 Sprengstoffgesetz (SprengG) (Inhalt der Erlaubnis)
- § 11 Sprengstoffgesetz (SprengG) (Erlöschen der Erlaubnis)
The German original version of this text was drafted in close cooperation with the relevant departments. The Umweltministerium released it on 21.04.2021. Only the German text is legally binding. The Federal State does not assume any liability for the translated texts.
In cases of doubt or if you have any questions or problems, please contact the relevant authorities directly.