Explosives – research, development, manufacture, destruction, purchase and sale, and blasting work

A licensed (concession) trade (Annex No. 3 to the Trade Licensing Act, field No. 3) for the research, development, manufacture, destruction, disposal, processing, purchase and sale of explosives (and ammunition) and the carrying out of blasting work. The authorisation does not arise on notification, but only on the day the decision granting the concession becomes final in administrative proceedings.

Examples of activities

• manufacture of explosives and blasting agents
• carrying out blasting work and curtain blasts
• destruction and disposal of explosives
• blasting in quarries and mines
• research and development of new explosives
• purchase and sale of explosives
• storage of explosives
• blasting work in the demolition of structures

What this trade is and what it is for

The trade "Research, development, manufacture, destruction, disposal, processing, purchase and sale of explosives and the carrying out of blasting work" is a licensed (concession) trade listed in Annex No. 3 to the Trade Licensing Act (field No. 3). It authorises you to handle explosives throughout their entire life cycle – from research and development through manufacture to their disposal and destruction – and to carry out blasting work, i.e. controlled blasts in quarries, mines, on building sites or in demolitions. The same field of Annex No. 3 also covers the handling of ammunition (its decommissioning and delaboration) within a defined scope.

This is one of the most strictly regulated business activities of all. In addition to the Trade Licensing Act, it is subject in particular to Act No. 61/1988 Coll., on mining activities, explosives and the state mining administration, and supervision is exercised by the Czech Mining Authority. The purpose of the strict regulation is to protect life, health and property from the risks associated with handling explosives.

What falls under this trade (and what does not)

The trade covers in particular the following activities:

• research and development of new explosives and their formulations,
• manufacture and processing of explosives (blasting agents, black powder, smokeless powder, initiators),
• purchase, sale and storage of explosives,
• destruction and disposal of explosives (including the decommissioning and delaboration of ammunition within a defined scope),
• carrying out blasting work on both a small and large scale, curtain blasts, underground blasts.

By contrast, outside this trade lie: the handling of weapons and ammunition (the separate concession "Development, manufacture, repair, modification, transport, purchase, sale, hire, storage, decommissioning and destruction of weapons and ammunition"), pyrotechnic work at fireworks displays and fireworks of lower categories, which have their own regime, and pyrotechnic surveying of an area. The boundary between fields must be assessed according to the specific content of the activity; in borderline cases we recommend a query to the Trade Licensing Office or the Czech Mining Authority.

Conditions for obtaining it under the law

The applicant must meet the general conditions under s. 6 of the Trade Licensing Act: full legal capacity and a clean criminal record. For licensed (concession) trades the act additionally requires the entrepreneur's reliability and a positive opinion, or an exemption from the relevant state administration authorities.

Professional qualification is proven according to the specific sub-area of activity (the regulating regulation being ss. 6 to 8 and s. 27 of Act No. 455/1991 Coll.):

• research, development and manufacture of explosives – university education in technical sciences or technologies;
• destruction and disposal of explosives – a pyrotechnician's authorisation;
• purchase, sale and storage of explosives – a pyrotechnician's, blaster's or technical blasting manager's authorisation;
• ammunition (decommissioning and delaboration) – secondary education with a school-leaving examination and a pyrotechnician's authorisation, or the relevant certificates with 3 to 5 years of practice;
• blasting work – a blaster's or technical blasting manager's authorisation.

Practice is not laid down separately as a general condition; for some qualification variants (especially ammunition), however, the act requires 3 to 5 years of it. The Trade Licensing Act does not prescribe medical fitness or liability insurance for this trade.

If you do not personally meet the professional qualification conditions, you can prove them through a responsible representative under s. 11 of the Trade Licensing Act – a natural person who is responsible for the proper operation of the trade and meets both the general and the special conditions. One person may perform the function of responsible representative for at most four entrepreneurs.

How to obtain the trade step by step

Because this is a licensed (concession) trade, the authorisation does not arise on notification, but only on the day the decision granting the concession becomes final.

1. Fill in the Unified Registration Form (URF) – the concession application.
2. Submit the application at any municipal Trade Licensing Office (the office of a municipality with extended powers), online via the rzp.gov.cz portal, or at a Czech POINT contact point.
3. Provide the documents on professional qualification (diploma, pyrotechnician's/blaster's/technical blasting manager's authorisation) and other required attachments.
4. The office will request the opinion of the relevant authority – for this trade the opinion of the Czech Mining Authority applies; the professionally competent central authority is the Ministry of Industry and Trade, Prague 1.
5. The office decides in administrative proceedings, usually within 30 days. Once the decision becomes final, it registers you in the Trade Register.

The detailed general procedure can be found in the guide How to set up a trade.

Documents and fees

• The concession application on the URF.
• Documents on professional qualification according to the sub-area of activity (university diploma, pyrotechnician's, blaster's or technical blasting manager's authorisation).
• The Criminal Records extract is obtained by the office itself; for foreigners a clean criminal record and reliability are proven.
• Administrative fee for a concession application: CZK 1,000 on first entry into business, CZK 500 for each further concession.
• The opinion of the Czech Mining Authority as the relevant state administration authority.

Frequently asked questions

Is a trade licence enough for me to carry out blasting work?

It is not enough. In addition to the concession you must hold a valid blaster's or technical blasting manager's authorisation under Act No. 61/1988 Coll., and the blasts themselves are subject to a further permit from the mining authority.

When may I start doing business?

Only on the day the decision granting the concession becomes final. Unlike notifiable trades, you cannot do business as soon as the application is submitted.

How long does processing a concession take?

The Trade Licensing Office decides in administrative proceedings, usually within 30 days. The time limit may be extended by the period during which the office requests the opinion of the Czech Mining Authority.

Who is the relevant state administration authority?

For explosives and blasting work it is the Czech Mining Authority; the professionally competent central authority is the Ministry of Industry and Trade.

Can I replace the professional qualification with a responsible representative?

Yes. Under s. 11 of the Trade Licensing Act you may appoint a responsible representative who meets the professional qualification and is responsible for the proper operation of the trade. One person may hold the same function for at most four entrepreneurs.

Sources

• Ministry of Education – database of regulated activities (detail)
• Act No. 455/1991 Coll., on trade licensing
• Ministry of Industry and Trade