Presidential Decree No. 99-64 of 27 Dhou El Kaada 1419 corresponding to 15 March 1999 amending and supplementing various provisions of Presidential Decree No. 90-198 dated 30^th June 1990 concerning the regulation of explosives

The President of the Republic,

• On a joint report of the Minister for National Defence and the Minister for Mines,

• Given the Constitution, notably Articles 77-60 and 125 (paragraph 1),

• Given order n° 76-03 of 2 February 1976 creating the national office of explosive substances;

• Given order n° 76-04 of 20 February 1976 relative to the rules applicable to fire-fighting and anti panic measures and the creation of preventive and civil protection commissions

• Given law no. 90-29 of 1 December 1990 on development and town planning

• Given order n° 97-06 of 12 Ramadhan 1417 corresponding to 21 February 1997 on war weapon, arms and munitions.

• Given presidential decree n° 90-198 dated 30 June 1990 regulating explosive substances

• Given presidential decree n° 96-440 of 28 Rajab 1417 corresponding to 9 December 1996 creating the military enterprise of explosive substances;

Decrees:

Article 1: Article 1 of Presidential Decree No. 90-198 dated 30 June 1990 is amended and supplemented as follows:

 "Article 1: The provisions of this Decree apply to all activities concerning explosives,

that is:

- research;

- production;

- preservation;

- transport;

- use;

- commerce (import, export and sales).

This Decree does not apply to military activities or those falling within the remit of National Defence. The activities carried out by the military concerning explosives fall within the scope of application of this Decree.

Article 2: Article 8 of Presidential Decree No. 90-198 dated 30th June 1990 is amended and supplemented as follows:

     "Article 8: In addition to the legal and regulatory provisions in force, the creation and operation of establishments producing explosives are subject to authorisation.

Authorisation for creation is issued by Executive Decree on a Report by the Minister of Mines after an opinion by the Minister for National Defence.

The authorisation for operation is issued by Order of the Minister for Mines, after a decision of the Minister for National Defence.

The conditions for the location, development and operation of production establishments are subject to technical approval by the Minister for Mines, issued on the basis of a safety study and after a decision by the Minister of the Interior and the Minister of the Environment”.

Article 3: Article 18 of Presidential Decree No. 90-198 dated 30th June 1990 is amended as follows:

    "Article 18: Depots for explosives may be fixed or mobile.

Fixed depots are sub-divided into permanent and temporary depots of which the duration does not exceed three (3) months”.

Article 4: Article 22 of Presidential Decree No. 90-198 dated 30th June 1990 is amended and supplemented as follows:

    "Article 22: Authorisation to establish or operate a depot for explosives or to use these substances at the time of their receipt is granted by Decree:

- of the Minister for Mines, after an opinion decision by the Minister for National Defence, the Minister of the Interior, and the Minister of the Environment for sales depots and Category 1 fixed depots for permanent storage;

- the Minister for Mines, after an opinion of the Minister for National Defence and the Minister of the Interior for mobile depots;

- by the Wali with territorial jurisdiction after an opinion from the departments concerned for Category 2 fixed depots and temporary depots and for the consumption on receipt of explosives.

The modalities for application of this Article are defined by Inter-Ministerial Order”.

Article 5: Article 23 of Presidential Decree No. 90-198 dated 30th June 1990 is amended as follows:

    "Article 23: Permanent depots are classified in two (2) categories depending on the nature and quantity of explosives they can receive:

Category 1:

Depots which contain quantities in excess of those fixed for Category 2 Depots.

Category 2:

Depots which contain as a maximum:

- either: 100 kg of explosives in cartridges or packaged in bulk of 25 kg net weight, explosives packaged in detonating fuses in packages authorised for transport on the public highway (Class 1. 1D);

- or: 3000 electrical or pyrotechnic detonators or similar explosive objects equivalent to 6 kg of explosives (Class 1. 1B) ;

- or: 2000 metres of mining fuse (safety) (Class 1.4S)".

Article 6: Article 32 of Presidential Decree No. 90-198 dated 30th June 1990 is amended as follows:

"Article 32: The re-sale of explosives is prohibited. It may be authorised by express waiver of the Minister for Mines after a decision of the Minister of the Interior and the Minister of the Environment for the benefit of duly authorised users of which the conditions will be defined by regulation".

Article 7:  “Article 42 of Presidential Decree No. 90-196 dated 30^th June 1990 above mentioned is amended and completed as follows:

    "Article 42: The methods for application of the provisions in this Decree are specified by joint order of the Minister for National Defence, the Minister for Mines, the Minister of the Interior, the Minister of the Environment and the Minister of Finance".

Article 8: This Decree will be published in the Official Journal of the Democratic and Popular Republic of Algeria.

Issued in Algiers, on 27 Dhou El Kaada 1419 corresponding to 15th March 1999.

Liamine ZEROUAL