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The Identification and Traceability of Explosives Regulations 2010

This Transposition Note is for the implementation of Commission Directive 2008/43/EC of 4th April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses.

Introductory Note:

These Regulations are called the Identification and Traceability of Explosives Regulations 2010. The Regulations do more than is necessary to implement the Directive in the following areas:

  1. the extension of the application of the Regulations outside Great Britain (regulation 3(2));
  2. the requirement on importers to ensure the security and safekeeping of explosives while they are awaiting marking (regulation 4(6)); and
  3. the inclusion of the reference to boxes (containing explosives) in paragraph 7 of Schedule 2 for the purposes of marking with a unique identification.
Article Objective Implementation Responsibility
Article 1. Subject matter of the Directive. While no specific transposition of this Article is necessary, the Regulations cover its subject matter.  
Article 2. Scope. Regulation 3(1)(a), (d) and (e). (The disapplications in regulation 3(1)(b) and (c) are derived from Article 1.3 of the parent Directive 93/15/EEC of 5th April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses.)  
Article 3.1, first paragraph Requires manufacturers and importers to mark explosives with a unique identification. Regulation 4 (1) and (5). Secretary of State.
Article 3.1, second paragraph. This makes provision as to when a new unique identification is required in place of an original, after a further manufacturing process. Regulation 4(4). As above.
Article 3.2. Marking with a unique identification is not required for export and the marking is in accordance with the importing country’s requirements. Regulation 4(3). As above.
Article 3.3 The unique identification is to comprise the components in the Annex. Regulation 4(2)(a) and Schedule 1. As above.
Article 3.4. Manufacturing sites are to be attributed a three digit code. Regulation 5 (1) and (2). As above.
Article 3.5, first paragraph. For manufacturing sites outside the EU with a manufacturer established in the EU, the importing national authority is to attribute a code to the manufacturer. Regulation 5(3)(a) and (c), (4) and (6). As above.
Article 3.5, second paragraph. For manufacturing sites outside the EU with a manufacturer not established in the EU, the importing national authority is to attribute a code to the importer. Regulation 5(3)(b) and (5). As above.
Article 3.6 This makes provision as to distributors who repackage explosives. Regulation 4(8). As above.
Article 4. Requires the marking of the unique identification to be durable and legible. Regulation 4(2)(b). As above.
Article 5, first paragraph. Marking of cartridged explosives and explosives in sacks. Regulation 4(1)(a) and (b), (5)(a) and (b) and (8)(a) and (b) and Schedule 2, paragraph 1(a) and (b). As above.
Article 5, second paragraph. Attaching tags to cartridged explosives and explosives in sacks. Regulation 4(1)(c), (5)(c)and (8)(c) and Schedule 2, paragraph 1(c). As above.
Article 6. Marking of two component explosives. Regulation 4(1)(a), (5)(a) and (8)(a) and Schedule 2, paragraph 2. As above.
Article 7, first paragraph. Marking of plain detonators and fuses. Regulation 4(1)(a) and (b), (5)(a) and (b) and (8)(a) and (b) and Schedule 2, paragraph 3(a) and (b). As above.
Article 7, second paragraph.  Attaching tags to plain detonators and fuses. Regulation 4(1)(c), (5)(c) and (8)(c) and Schedule 2, paragraph 3(c). As above.
Article 8, first paragraph. Marking electric, non-electric and electronic detonators. Regulation 4(1)(a) and (b), (5)(a) and (b) and (8)(a) and (b) and Schedule 2, paragraph 4(a) and (b). As above.
Article 8, second paragraph. Attaching tags to electric, non-electric and electronic detonators. Regulation 4(1)(c), (5)(c) and (8)(c) and Schedule 2, paragraph 4(c). As above.
Article 9, first paragraph. Marking primers and boosters. Regulation 4(1)(a) and (b), (5)(a) and (b) and (8)(a) and (b) and Schedule 2, paragraph 5(a) and (b). As above.
Article 9, second paragraph. Attaching tags to primers and boosters. Regulation 4(1)(c), (5)(c) and (8)(c) and Schedule 2, paragraph 5(c). As above.
Article 10, first paragraph. Marking detonating cords and fuses. Regulation 4(1)(a) and (b), (5)(a) and (b) and (8)(a) and (b) and Schedule 2, paragraph 6(a) to (c). As above.
Article 11, first paragraph. Marking cans and drums containing explosives. Regulation 4(1)(a), (5)(a) and (8)(a) and Schedule 2, paragraph 7(a). As above.
Article 11, second paragraph. Attaching tags to cans and drums containing explosives. Regulation 4(1)(c), (5)(c) and (8)(c) and Schedule 2, paragraph 7(b). As above.
Article 12. Copies of original labels. Regulation 4(1)(a) and (b), (5)(a) and (b) and (8)(a) and (b) and Schedule 2, paragraph 8. As above.
Article 13.1. Requires data collection in relation to explosives. Regulation 6(1) and (3). As above.
Article 13.2. Data collection is to allow holders of explosives to be identified. Regulation 6(1) and (3). As above.
Article 13.3. Requires the data to be kept for ten years after the end of the explosive’s life cycle. Regulation 6(6). As above.
Article 14(a). Requirements makes provision as to the record to be kept. Regulation 6(1) and (3)(a), (c), (d) and (e). As above.
Article 14(b) The record is to cover the location of the explosives. Regulation 6(1) and (3)(b). As above.
Article 14(c). The data collection system is to be tested regularly. Regulation 6(5). As above.
Article 14(d). The record is to be kept and maintained. Regulation 6(1), (4) and (6). As above.
Article 14(e). The data is to be protected. Regulation 6(7). As above.
Article 14(f). Provision of information to the competent authority about the origin and location of the explosive. Regulation 6(8)(a). As above.
Article 14(g). The provision of information to the national authority as to contact details of persons. Regulation 6(8)(b). As above.
Article 14, final Paragraph. Requires records to be maintained in accordance with national provisions for explosives manufactured or imported before 5th April 2012. Regulation 12 of, and Schedule 3 to, the Control of Explosives regulations 1991 (S.I. 1991/1531). As above.
Article 15. Transposition. These Regulations. As above.
Article 16. Entry into force. No transposition. is necessary  
Article 17. The Directive is addressed to Member States. No transposition is necessary.  
Annex. The description of the unique identification. Regulation 4(2)(a) and Schedule 1. As above.
Updated 2014-01-24