Commission Directive 2012/4/EUShow full title

Article 1

Directive 2008/43/EC is amended as follows:

(1)

in Article 2, the following points (d), (e) and (f) are added:

‘(d)

fuses, which are cord-like non-detonating igniting devices;

(e)

safety fuses, which consist of a core of fine grained black powder surrounded by a flexible woven fabric with one or more protective outer coverings and which, when ignited, burn at a predetermined rate without any external explosive effect;

(f)

cap-type primers, which consist of a metal or plastic cap containing a small amount of primary explosive mixture that is readily ignited by impact and which serve as igniting elements in small arms cartridges or in percussion primers for propelling charges.’;

(2)

Article 7 is replaced by the following:

‘Article 7 Plain detonators

For plain detonators the unique identification shall consist of an adhesive label or direct printing or stamping on the detonator shell. An associated label shall be placed on each case of detonators.

In addition, undertakings may use a passive inert electronic tag attached to each detonator, and an associated tag for each case of detonators.’;

(3)

Articles 9 and 10 are replaced by the following:

‘Article 9 Primers and boosters

For primers other than those referred to in Article 2 and for boosters the unique identification shall consist of an adhesive label or direct printing on such primers and boosters. An associated label shall be placed on each case of such primers and boosters.

In addition, undertakings may use a passive inert electronic tag attached to each such primer and booster, and an associated tag for each case of such primers and boosters.

Article 10 Detonating cords

For detonating cords the unique identification shall consist of an adhesive label or direct printing on the bobbin. The unique identification will be marked every 5 meters on either the external envelope of the cord or the plastic extruded inner layer immediately under the exterior fibre of the cord. An associated label shall be placed on each case of detonating cord.

In addition, undertakings may use a passive inert electronic tag inserted within the cord, and an associated tag for each case of cord.’;

(4)

the second subparagraph of Article 15(1) is replaced by the following:

‘They shall apply those provisions from 5 April 2013. However, they shall apply the provisions necessary to comply with Article 3(6) and Articles 13 and 14 from 5 April 2015.’;

(5)

the following Article 15a is inserted:

‘Article 15a

By 31 December 2020, the Commission shall carry out a review to assess whether technical progress has made it possible to revoke the exemptions set out in point 3 of the Annex.’;

(6)

in point 3 of the Annex, the following paragraphs are added:

‘For articles too small to affix the information under point 1(b)(i) and (ii) and point 2 or where it is technically impossible due to their shape or design to affix a unique identification, a unique identification shall be affixed on each smallest packaging unit.

Each smallest packaging unit shall be closed with a seal.

Each plain detonator or booster falling under the exemption set out in the second paragraph shall be marked in a durable way so as to ensure that it is clearly legible with the information under point 1(b)(i) and (ii). The number of plain detonators and boosters contained shall be printed on the smallest packaging unit.

Each detonating cord falling under the exemption set out in the second paragraph shall be marked with the unique identification on the reel or spool and, where applicable, on the smallest packaging unit.’.

Article 2

1. Member States shall adopt and publish, by 4 April 2012 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 5 April 2013.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 22 February 2012.

For the Commission

The President

José Manuel Barroso