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) (c. 43)

CHAPTER 3 DATA COLLECTION AND RECORD-KEEPING

Article 13 Data 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 14 Obligations 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.