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4.—(1) Subject to paragraphs (3) and (4), any person who manufactures an explosive shall, as soon as is practicable after that manufacture and before transfer of the explosive —
(a)mark each explosive item in respect of the explosive with a unique identification in accordance with Schedule 2;
(b)where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and
(c)where a passive inert electronic tag or associated tag is to be applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.
(2) The unique identification shall —
(a)comprise the components described in Schedule 1; and
(b)be marked on or firmly affixed to the explosive item concerned in a way which ensures that it is durable and clearly legible.
(3) 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 for allowing traceability of the explosive.
(4) Where an explosive is subject to a further manufacturing process after its original manufacture, the manufacturer shall mark each explosive item in respect of the explosive subjected to that further process, with a new unique identification only if the original unique identification is no longer marked in the way that paragraph (2)(b) requires and any new marking so required shall be done as soon as is practicable after that further process and before transfer of the explosive.
(5) Subject to paragraph (7), a person who imports an explosive into Great Britain shall, as soon as is practicable after import and before acquisition of the explosive by another person —
(a)mark each explosive item in respect of the explosive with a unique identification in accordance with Schedule 2;
(b)where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and
(c)where a passive inert electronic tag or associated tag is to be applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.
(6) An importer who, pursuant to paragraph (5), is to mark the explosive items with a unique identification and apply any labels and tags referred to in that paragraph shall apply measures to ensure, so far as is reasonably practicable, the security and safekeeping of the explosive while it is awaiting that marking or the application of any of those labels and tags.
(7) Paragraph (5) shall not apply where the explosive items are marked with a unique identification before importation.
(8) Where a distributor repackages an explosive, the distributor shall ensure that—
(a)the explosive items in respect of the explosive have the unique identification marked on or affixed to them in accordance with Schedule 2;
(b)where an associated label in respect of that marking is required by that Schedule, the label is attached in accordance with those requirements; and
(c)where a passive inert electronic tag or associated tag is applied in respect of that marking, that tag is placed in accordance with the applicable provisions of that Schedule.
(9) In this regulation, “explosive item” means an explosive article, a container containing an explosive substance or each smallest packaging unit containing explosive.
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