EXPLANATORY NOTE
(This note is not part of the Regulations)
1. These Regulations implement, as regards Northern Ireland, Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EC(1), a system for the identification and traceability of explosives for civil uses(2) (“the 2008 Directive”). The Regulations impose requirements with respect to the marking of explosives with a unique identification and will come into force on 5th April 2012.
2. Certain explosives, such as ammunition and explosives intended for lawful use by the armed forces or the police, are excluded from the scope of the Regulations.
3. Regulation 4 imposes requirements on manufacturers, importers and distributors of explosives as to the marking of the explosives with a unique identification. The elements which form the unique identification are set out in Schedule 1. These include the name of the manufacturer, a three digit code for the site of manufacture, a unique product code and a part which can be read electronically in barcode or matrix code format. The methods of marking or affixing the unique identification to explosives are set out in Schedule 2.
4. Manufacturers of explosives are to apply to the Secretary of State for the attribution of a three digit code for their manufacturing site. Importers of explosives which are manufactured in a country which is not a member State are to apply to the Secretary of State for a three digit code for the site of manufacture (regulation 5).
5. Regulation 6 imposes record keeping requirements on persons who manufacture, import, distribute, acquire or keep any explosive, with exceptions for employees and individuals acquiring explosives for personal use. The information to be kept includes the unique identification for the explosive and its location while in the possession of the person keeping the record.
6. Regulation 7 makes provision as to the enforcement of the Regulations.
7. A full assessment of the impact that this instrument will have on the costs to business and the voluntary sector is available from the Northern Ireland Office, Firearms and Explosives Branch, Castle Buildings, Block B, Stormont Estate, Belfast, BT4 3SG and is annexed to the Explanatory Memorandum which is available alongside the instrument on the Office of Public Sector Information’s website. A copy of the transposition note in relation to the implementation of the 2008 Directive can be obtained from the Northern Ireland Office, Firearms and Explosives Branch, at the same address. Copies of these documents have been placed in the Library of each House of Parliament.
OJ L 121, 15.5.1993, p20, amended by Regulation (EC) NO. 1882/2003 of the European Parliament and the Council (OJ L284, 31.10.2003, p.1).
OJ L 94, 5.4.2008, p.8.