DIRECTIVES
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)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Community,
Having regard to Council Directive 93/15/EEC of 5 April 1993
on the harmonisation of the provisions relating to the placingon the market and supervision of explosives for civil uses (
1),
and in particular the second sentence of the second paragraphof Article 14 thereof,
Whereas:
(1) Directive 93/15/EEC lays down rules for ensuring the
safe and secure circulation of explosives on thecommunity market.
(2) As provided for in that Directive, it is necessary to ensurethat undertakings in the explosives sector possess asystem for keeping track of explosives in order to beable to identify those holding the explosives at any time.
(3) Unique identification of explosives is essential if accurateand complete records of explosives are to be kept at allstages of the supply chain. This should allow the identi-fication and the traceability of an explosive from its
production site and its first placing on the market until
its final user and its use with a view to preventing misuseand theft and to assisting law enforcement authorities inthe tracing of the origin of lost or stolen explosives.
(4) The measures provided for in this Directive are inaccordance with the opinion of the ManagementCommittee established pursuant to Article 13(1) ofDirective 93/15/EEC,HAS ADOPTED THIS DIRECTIVE:
CHAPTER 1
GENERAL PROVISIONS
Article 1
Subject matter
This Directive sets up a harmonised system for the unique
identification and traceability of explosives for civil uses.
Article 2
Scope
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 2
PRODUCT IDENTIFICATION
Article 3
Unique identification
1. Member States shall ensure that undertakings in the
explosives sector which manufacture or import explosives orassemble detonators shall mark explosives and each smallestpackaging unit with a unique identification.
Where an explosive is subject to further manufacturing
processes, manufacturers shall not be required to mark theexplosive with a new unique identification unless the originalunique identification is no longer marked in compliance withArticle 4.EN L 94/8 Official Journal of the European Union 5.4.2008
(1) OJ L 121, 15.5.1993, p. 20. Directive as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council(OJ L 284, 31.10.2003, p. 1).2. Paragraph 1 shall not apply where the explosive is manu-
factured for export and is marked with an identification inaccordance 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 isestablished.
5. Where the manufacturing site is located outside the
Community, the manufacturer being established in theCommunity shall contact a national authority of the MemberState of import in order for the manufacturing site to beattributed a code.
Where the manufacturing site is located outside the Community
and the manufacturer is not established in the Community, theimporter of the explosives concerned shall contact a nationalauthority of the Member State of import in order for the manu-facturing site to be attributed a code.
6. Member States shall ensure that distributors which
repackage explosives make sure that the unique identificationis affixed to the explosive and the smallest packaging unit.
Article 4
Marking and affixation
The unique identification shall be marked on or firmly affixed
to the article concerned in a durable way and so as to ensurethat it is clearly legible.
Article 5
Cartridged explosives and explosives in sacks
For cartridged explosives and explosives in sacks, the unique
identification shall consist of an adhesive label or directprinting on each cartridge or sack. An associated label shallbe 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 associatedelectronic tag for each case of cartridges.Article 6
Two-component explosives
For packaged two-component explosives, the unique identifi-
cation shall consist of an adhesive label or direct printing oneach smallest packaging unit containing the two components.
Article 7
Plain detonators and fuses
For plain detonators or fuses, the unique identification shall
consist of an adhesive label or direct printing or stamping onthe detonator shell. An associated label shall be placed on eachcase 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 8
Electric, non-electric and electronic detonators
For electric, non-electric and electronic detonators, the unique
identification shall consist either of an adhesive label on thewires or tube, or an adhesive label or direct printing orstamping on the detonator shell. An associated label shall beplaced 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 caseof detonators.
Article 9
Primers 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 orboosters.
In addition, undertakings may use a passive inert electronic tag
attached to each primer or booster, and an associated tag foreach case of primers or boosters.
Article 10
Detonating cords and safety fuses
For detonating cords and safety fuses, the unique identification
shall consist of an adhesive label or direct printing on thebobbin. The unique identification will be marked every 5meters on either the external envelope of the cord or fuse orthe plastic extruded inner layer immediately under the exteriorfibre of the cord or fuse. An associated label shall be placed oneach case of detonating cord or fuse.EN 5.4.2008 Official Journal of the European Union L 94/9In addition, undertakings may use a passive inert electronic tag
inserted within the cord, and an associated tag for each case ofcord or fuse.
Article 11
Cans and drums containing explosives
For cans and drums containing explosives, the unique identifi-
cation shall consist of an adhesive label or direct printing on thecan or drum containing the explosives.
In addition, undertakings may use a passive inert electronic tag
attached to each can and drum.
Article 12
Copies of the original label
Undertakings may attach adhesive detachable copies of the
original label to the explosives for use by their clients. Thosecopies shall be visibly marked as copies of the original toprevent misuse.
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 inrelation to explosives including their unique identificationthroughout 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 holdingthe explosives can be identified at any time.
3. Member States shall ensure that the data collected
including the unique identifications is kept and maintained fora period of 10 years after the delivery or whenever known afterthe end of the life cycle of the explosive even if undertakingshave 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 ofexplosive, the company or person to the custody ofwhom it was given;
(b) recording the location of each explosive while the explosive
is in their possession or custody until it is either transferredto another undertaking or used;
(c) at regular interval testing their data collection system in
order to ensure its effectiveness and the quality of thedata recorded;
(d) keeping and maintaining the data collected including the
unique identifications for the period specified in paragraph3 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 locationof each explosive during its life cycle and throughout thesupply 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 businesshours.
For the purpose of point (d), the undertaking shall, in the case
of explosives manufactured or imported before the datespecified in the second subparagraph of Article 15(1),maintain records in accordance with existing nationalprovisions.EN L 94/10 Official Journal of the European Union 5.4.2008CHAPTER 4
FINAL PROVISIONS
Article 15
Transposition
1. Member States shall adopt and publish, by 5 April 2009
at the latest, the laws, regulations and administrative provisionsnecessary to comply with this Directive. They shall forthwithcommunicate to the Commission the text of those provisionsand a correlation table between those provisions and thisDirective.
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 areference on the occasion of their official publication. MemberStates 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 inthe field covered by this Directive.
Article 16
Entry 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-PresidentEN 5.4.2008 Official Journal of the European Union L 94/11ANNEX
The unique identification shall comprise:
1. a human readable part of the identification containing the following:
(a) the name of the manufacturer;(b) an alphanumerical code containing:
(i) two letters identifying the Member State (place of production or import onto the Community market, e.g. AT
= Austria);
(ii) three digits identifying the name of the manufacturing site (attributed by the national authorities);
(iii) the unique product code and logistical information designed by the manufacturer;
2. an electronic readable identification in barcode and/or matrix code format that relates directly to the alphanumerical
identification code.
Example:
3. For articles too small to affix the unique product code and logistical information designed by the manufacturer, the
information under 1(b)(i), 1(b)(ii) and 2 shall be considered sufficient.EN L 94/12 Official Journal of the European Union 5.4.2008