The Identification and Traceability of Explosives Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations implement, as regards Great Britain, 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 5^th April 2012.

2.  Certain explosives, such as ammunition and explosives intended for the lawful use by the armed forces or the police, are excluded from the scope of the Regulations. The Regulations apply outside Great Britain to the acquisition or keeping of explosives on premises to which specified provisions of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127) in the same way that those specified provisions apply to the acquisition or keeping of explosives in Great Britain (regulation 3).

3.  Regulation 4 imposes requirements on manufacturers, importers and distributors of explosives as to the marking of the explosives with a unique identification. The matters which go to 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 Health and Safety Executive (“the Executive”) 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 Executive 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. The enforcement of the Regulations is mainly given to the Executive, but the chief officer of police is to enforce regulations 4 and 6 at a site in relation to which the chief officer of police has granted a licence to store explosives or has registered a person in relation to the storage of explosives.

7.  A full impact assessment of the effect of this instrument will have on the costs of business and the voluntary sector is available from the Health and Safety Executive, Redgrave Court, Merton Road, Bootle, Merseyside, L20 7HS 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 Health and Safety Executive, International Branch, at the same address. Copies of these documents have been placed in the Library of each House of Parliament.

(1)

OJ L 121, 15.5.1993, p.20, amended by Regulation (EC) NO. 1882/2003 of the European Parliament and the Council (OJ L 284, 31.10.2003, p. 1).

(2)

OJ L 94, 5.4.2008, p.8.