Regulation

Regulation concerning explosives clearance is very strict and covers the full range of operations that may be performed on French soil.

The Environmental Code, article L.556-2 stipulates that all “construction or development projects planned in a soil information sector (SIS)(...) are subject to a soil study to establish pollution management measures to be implemented to ensure compatibility between the future use and the condition of the soil.”

Article R.125-43 of the Environmental Code specifies that the SIS does not apply to two specific, sensitive types of contamination, including explosive contamination, with reference to the Internal Security Code (CSI). This exclusion from the SIS does not exclude the project owner from the soil study on their land. In this sense, they will respond directly to specifications of article 5 of Decree 2005-1325, modified 2010, if the terrain is not the property of the Ministry of the Armed Forces, and will thus comply with their security obligations defined in the Labor Code (articles L-4121-1 to 3 and, above all, L.4531-1).

The sponsor holds civil and penal responsibility for these obligations.

The project owner or company carrying out the works on the subsoil shall therefore consult contractors specialized in explosives clearance, as per Decree 2005-1325, modified 2010

These contractors shall therefore be responsible for complying with particular safety rules of explosives clearance worksites, open and controlled within the framework of a building and civil works worksite which are defined and governed by Decree 2005-1325 modified by Decree 2010-1260 and its 2 ministerial orders.

In order to accompany project owners in understanding and controlling the explosive risk, the French Union of Explosives Clearance Trades (SMDPYRO) has created a guide for public works operations, prerequisite studies and clearance works on soils liable to contain unexploded ordnances (UXO).
Guide - Click here

Article R 733-1 of the Internal Security Code, fixing the attributions of the Ministry of the Interior and the Ministry of Defense, respectively, in terms of searching, neutralizing, removal and destruction of munitions and explosives.

Ministry of Labor (DGT) Note of 2 April 2021, superseding note DGT/IPE of 18 September 2013, concerning explosives clearance worksites on civil territory, in the context of a construction and civil works worksite.

Decree 2005-1325 of 26 October 2005, concerning safety rules applicable during works performed as part of an explosives clearance worksite, modified by Decree 2010-1260 of 22 October 2010.

Ministerial Order of 12 September 2011, following from Decree 2005-1325 of 26 October 2005 modified, fixing the rules for determining isolation distances for explosives clearance worksites.

Order of 23 January 2006, following from Decree 2005-1325 of 26 October 2005 modified, fixing the level of knowledge required and the medical aptitude necessary for personnel performing explosive safety manager functions, explosive worksite manager, and for people called on to carry out explosives clearance operations.

Labor code, article L4531-1, on the responsibilities and obligations of the project owner, prime contractor and CSPS (health and safety coordinator) in terms of risk prevention.

Labor code, articles L4121-1 to L4121-5, on the responsibilities of employers in terms of risk prevention.

The Environmental Code, notably article L.556-2 specifying that all “construction or development projects planned in a soil information sector (SIS)(...) are subject to a soil study to establish pollution management measures to be implemented to ensure compatibility between the future use and the condition of the soil.”

Article R4534-39 of the labor code, in the event of discovery of a device that is capable of exploding, work is immediately stopped in the surrounding area until the competent authorities have proceeded with the removal of the device.

Decree No. 2013-973 of 29 October 2013 on the prevention of particular risks to which workers are exposed during activities involving explosives.

The letters of the IPE (Inspector of Powder and Explosive Armaments) which offer advice on the application of explosive safety regulation and the latest regulatory changes on the topic.