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Commission Directive 2008/43/ECShow full title

Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses (Text with EEA relevance)

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CHAPTER 1GENERAL PROVISIONS

Article 1Subject matter

This Directive sets up a harmonised system for the unique identification and traceability of explosives for civil uses.

Article 2Scope

This Directive shall not apply to the following:

(a)

explosives transported and delivered unpackaged or in pump trucks for their direct unloading into the blast-hole;

(b)

explosives manufactured at the blasting sites, and that are loaded immediately after being produced (in situ production);

(c)

ammunitions.

CHAPTER 2PRODUCT IDENTIFICATION

Article 3Unique identification

1.Member States shall ensure that undertakings in the explosives sector which manufacture or import explosives or assemble detonators shall mark explosives and each smallest packaging unit with a unique identification.

Where an explosive is subject to further manufacturing processes, manufacturers shall not be required to mark the explosive with a new unique identification unless the original unique identification is no longer marked in compliance with Article 4.

2.Paragraph 1 shall not apply where the explosive is manufactured for export and is marked with an identification in accordance with the requirements of the importing country, which allows traceability of the explosive.

3.The unique identification shall comprise the components described in the Annex.

4.Each manufacturing site shall be attributed a three-digit code by the national authority of the Member States where it is established.

5.Where the manufacturing site is located outside the Community, the manufacturer being established in the Community shall contact a national authority of the Member State of import in order for the manufacturing site to be attributed a code.

Where the manufacturing site is located outside the Community and the manufacturer is not established in the Community, the importer of the explosives concerned shall contact a national authority of the Member State of import in order for the manufacturing site to be attributed a code.

6.Member States shall ensure that distributors which repackage explosives make sure that the unique identification is affixed to the explosive and the smallest packaging unit.

Article 4Marking and affixation

The unique identification shall be marked on or firmly affixed to the article concerned in a durable way and so as to ensure that it is clearly legible.

Article 5Cartridged explosives and explosives in sacks

For cartridged explosives and explosives in sacks, the unique identification shall consist of an adhesive label or direct printing on each cartridge or sack. An associated label shall be placed on each case of cartridges.

In addition, undertakings may use a passive inert electronic tag attached to each cartridge or sack and similarly, an associated electronic tag for each case of cartridges.

Article 6Two-component explosives

For packaged two-component explosives, the unique identification shall consist of an adhesive label or direct printing on each smallest packaging unit containing the two components.

Article 7Plain detonators and fuses

For plain detonators or fuses, 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 or fuses.

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

Article 8Electric, non-electric and electronic detonators

For electric, non-electric and electronic detonators, the unique identification shall consist either of an adhesive label on the wires or tube, or 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.

Article 9Primers and boosters

For primers and boosters, the unique identification shall consist of an adhesive label or direct printing on the primer or booster. An associated label shall be placed on each case of primers or boosters.

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

Article 10Detonating cords and safety fuses

For detonating cords and safety fuses, 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 fuse or the plastic extruded inner layer immediately under the exterior fibre of the cord or fuse. An associated label shall be placed on each case of detonating cord or fuse.

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

Article 11Cans and drums containing explosives

For cans and drums containing explosives, the unique identification shall consist of an adhesive label or direct printing on the can or drum containing the explosives.

In addition, undertakings may use a passive inert electronic tag attached to each can and drum.

Article 12Copies of the original label

Undertakings may attach adhesive detachable copies of the original label to the explosives for use by their clients. Those copies shall be visibly marked as copies of the original to prevent misuse.

CHAPTER 3DATA COLLECTION AND RECORD-KEEPING

Article 13Data collection

1.Member States shall ensure that undertakings in the explosives sector put in place a system for collecting data in relation to explosives including their unique identification throughout the supply chain and life cycle.

2.The data collection system shall allow the undertakings to keep track of the explosives in such a way that those holding the explosives can be identified at any time.

3.Member States shall ensure that the data collected including the unique identifications is kept and maintained for a period of 10 years after the delivery or whenever known after the end of the life cycle of the explosive even if undertakings have ceased trading.

Article 14Obligations of undertakings

Member States shall ensure that the undertakings in the explosives sector fulfil the following:

(a)

keeping a record of all identifications of explosives, together with all pertinent information including the type of explosive, the company or person to the custody of whom it was given;

(b)

recording the location of each explosive while the explosive is in their possession or custody until it is either transferred to another undertaking or used;

(c)

at regular interval testing their data collection system in order to ensure its effectiveness and the quality of the data recorded;

(d)

keeping and maintaining the data collected including the unique identifications for the period specified in paragraph 3 of Article 13;

(e)

protecting the data collected against accidental or malicious damage or destruction;

(f)

providing the competent authorities, upon their request, with the information concerning the origin and location of each explosive during its life cycle and throughout the supply chain;

(g)

providing the responsible Member State authorities with the name and contact details of a person able to provide the information described in point (f) outside normal business hours.

For the purpose of point (d), the undertaking shall, in the case of explosives manufactured or imported before the date specified in the second subparagraph of Article 15(1), maintain records in accordance with existing national provisions.

CHAPTER 4FINAL PROVISIONS

Article 15Transposition

1.Member States shall adopt and publish, by 5 April 2009 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 2012.

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 16Entry into force

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

Article 17

This Directive is addressed to the Member States.

Done at Brussels, 4 April 2008.

For the Commission

Günter Verheugen

Vice-President

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