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Summary of responses to HSE consultation paper CD225 on legislation to transpose the directive on the identification and traceability of explosives for civil uses


This consultation concerned the proposed legislation transposing the European Commission Directive 2008/43/EC on the Identification and Traceability of Explosives for Civil Uses. The consultation included Northern Ireland and the Northern Ireland Office used the results to draft the Northern Ireland Regulations transposing the Directive.

The Directive requires that explosives for civil uses are uniquely identified and can be traced from the production site through to their final use. This is with a view to preventing misuse and theft and assisting authorities in tracing the origin of lost or stolen explosives. It does not apply to:

The main duties in the Directive are:

Existing legislation

There are already requirements on labelling and recordkeeping in the UK. The Directive additionally requires the following:



The major changes to record-keeping requirements are that the unique identification is recorded and the record kept for 10 years rather than 3 years.

Impact on existing legislation

The duties in the Directive, and therefore the proposed regulations (Identification and Traceability of Explosives Regulations – ITOER), overlap duties in two existing sets of regulations, the Classification and Labelling of Explosives Regulations 1983 (CLER) and the Control of Explosives Regulations 1991 (COER) which will remain in force until superseded by ITOER on 5 April 2012.

A review of health and safety explosives legislation has begun.  It includes CLER and COER. It aims to reduce the regulatory burden on business through clarification and simplification.  It will engage with all interested parties beginning in 2010 delivering a consolidated and integrated suite of updated explosives legislation that will include ITOER in April 2012.

Conducting the consultation exercise

HSE consulted businesses involved in the manufacture, importation, storage and commercial carriage of the explosives to which the Directive applies as well as others affected by the proposed regulations. This was primarily to avoid unintended consequences of the wording in the regulations, although the duties in ITOER follow on directly from the Directive.

Views were sought on:

The consultation lasted for 8 weeks rather than the normal 12 for the following reasons:


The consultation began on 1 September 2009. Twenty-eight organisations were notified directly about the publication of the consultation document (see Annex 1) and 12 responses were received by the closing date of 2 November 2009.

Detail of responses

Of the twelve organisations that responded to the consultation, six made use of the questionnaire to express their views whilst six provided comments by letter or e-mail. The questionnaire asked those responding to the consultation to indicate the capacity in which they were responding, the type of organisation they represented and the number of employees. Seven organisations provided this information (see tables below).

Name of Organisation Status of respondent No of responses
Baker Hughes, Inc.
Eckington Colliery Partnerships.
Alford Technologies Ltd.
British Gypsum Saint Gobain.
Employer 5
Pfizer PGRD Safety Representative 1
BCRA Explosives User Group. Other 1
Name of Organisation Type of organisation No of responses
Baker Hughes, Inc.
Eckington Colliery Partnerships.
Pfizer PGRD.
British Gypsum Saint Gobain.
Industry 5
Alford Technologies Ltd.
BCRA Explosives User Group.
other 2
Name of Organisation Number of employees No of responses
Alford Technologies Ltd. 1 – 9 1
Eckington Colliery Partnerships. 10 – 49 1
BCRA Explosives User Group. 50 – 249 1
Baker Hughes, Inc.
Pfizer PGRD.
British Gypsum Saint Gobain.
1000+ 4

Responses and comments were also received from:

Summary of responses

A summary of the responses to the consultation is set out below. Any reference to percentage is the percentage of the total responses received, including those where no response was given to a particular question, it was not applicable or no specific preference was expressed. Several minor amendments were made to the draft regulations as a result of comments / suggestions received during the consultation. The impact assessment was also re-visited.

Annex 1

List of consultees

The following organisations were notified about the publication of this document:

Updated 2013-01-14