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)
Date: 2008-04-04
Institutions: European Commission
Subjects: data collection, explosive, labelling, safety standard, traceability

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Official Journal of the European Union

5.4.2008

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,

HAS ADOPTED THIS DIRECTIVE:

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 93/15/EEC of 5 April 1993
on the harmonisation of the provisions relating to the placing
on the market and supervision of explosives for civil uses (1),
and in particular the second sentence of the second paragraph
of Article 14 thereof,

Whereas:

(1)

(2)

(3)

(4)

Directive 93/15/EEC lays down rules for ensuring the
safe
explosives on the
circulation of
community market.

and secure

As provided for in that Directive, it is necessary to ensure
that undertakings in the explosives sector possess a
system for keeping track of explosives in order to be
able to identify those holding the explosives at any time.

Unique identification of explosives is essential if accurate
and complete records of explosives are to be kept at all
stages 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 misuse
and theft and to assisting law enforcement authorities in
the tracing of the origin of lost or stolen explosives.

The measures provided for
accordance with the opinion of
Committee established pursuant
Directive 93/15/EEC,

in this Directive are in
the Management
to Article 13(1) of

(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).

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

in
pump trucks for their direct unloading into the blast-hole;

transported and delivered unpackaged or

(b) explosives manufactured at the blasting sites, and that are
situ

being

produced

immediately

after

(in

loaded
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 or
assemble detonators shall mark explosives and each smallest
packaging unit with a unique identification.

is

an explosive

Where
to further manufacturing
subject
processes, manufacturers shall not be required to mark the
explosive with a new unique identification unless the original
unique identification is no longer marked in compliance with
Article 4.

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Paragraph 1 shall not apply where the explosive is manu-
2.
factured for export and is marked with an identification in
accordance with the requirements of the importing country,
which allows traceability of the explosive.

Article 6

Two-component explosives

For packaged two-component explosives, the unique identifi-
cation shall consist of an adhesive label or direct printing on
each smallest packaging unit containing the two components.

The unique identification shall comprise the components

3.
described in the Annex.

Article 7

Plain detonators and fuses

4.
Each manufacturing site shall be attributed a three-digit
code by the national authority of the Member States where it is
established.

For plain detonators or fuses, the unique identification shall
consist of an adhesive label or direct printing or stamping on
the detonator shell. An associated label shall be placed on each
case of detonators or fuses.

located outside the
5. Where the manufacturing site is
Community,
established in the
the manufacturer being
Community shall contact a national authority of the Member
State of
in order for the manufacturing site to be
import
attributed a code.

Where the manufacturing site is located outside the Community
and the manufacturer is not established in the Community, the
importer of the explosives concerned shall contact a national
authority of the Member State of import in order for the manu-
facturing site to be attributed a code.

6. Member States
that distributors which
repackage explosives make sure that the unique identification
is affixed to the explosive and the smallest packaging unit.

ensure

shall

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 ensure
that 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 direct
printing on each cartridge or sack. An associated label shall
be 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 associated
electronic tag for each case of cartridges.

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 the
wires or
tube, or an adhesive label or direct printing or
stamping on the detonator shell. An associated label shall be
placed 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 case
of 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 or
boosters.

In addition, undertakings may use a passive inert electronic tag
attached to each primer or booster, and an associated tag for
each 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 the
bobbin. The unique identification will be marked every 5
meters on either the external envelope of the cord or fuse or
the plastic extruded inner layer immediately under the exterior
fibre of the cord or fuse. An associated label shall be placed on
each case of detonating cord or fuse.

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In addition, undertakings may use a passive inert electronic tag
inserted within the cord, and an associated tag for each case of
cord or fuse.

Article 14

Obligations of undertakings

Member States
explosives sector fulfil the following:

shall ensure that

the undertakings

in the

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 the
can or drum containing the explosives.

(a) keeping a record of all identifications of explosives, together
type of
information including the
the company or person to the custody of

with all pertinent
explosive,
whom it was given;

In addition, undertakings may use a passive inert electronic tag
attached to each can and drum.

(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;

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. Those
copies shall be visibly marked as copies of
to
prevent misuse.

the original

(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;

CHAPTER 3

DATA COLLECTION AND RECORD-KEEPING

(e) protecting the data collected against accidental or malicious

damage or destruction;

Article 13

Data collection

1. Member States shall ensure that undertakings in the
explosives sector put in place a system for collecting data in
including their unique identification
relation to explosives
throughout the supply chain and life cycle.

(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;

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.

(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.

shall

ensure that

3. Member States
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.

For the purpose of point (d), the undertaking shall, in the case
of explosives manufactured or
imported before the date
second subparagraph of Article 15(1),
specified in the
maintain records
existing national
in accordance with
provisions.

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CHAPTER 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 provisions
necessary to comply with this Directive. They shall forthwith
communicate to the Commission the text of those provisions
and a correlation table between those provisions and this
Directive.

They shall apply those provisions from 5 April 2012.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 16

Entry into force

This Directive shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

Article 17

This Directive is addressed to the Member States.

Done at Brussels, 4 April 2008.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

For the Commission

Günter VERHEUGEN
Vice-President

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ANNEX

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.