European Communities (System For the Identification and Traceability of Explosives For Civil Uses) Regulations, 2009

• Jurisdiction: Ireland
• Citation: IR SI 133/2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th April, 2009.

I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Directive 93/15/EEC of 5 April 1993 1 and for the purpose of giving effect to Commission Directive 2008/43/EC of 4 April 2008 2 , hereby make the following Regulations:

Preliminary

1. (1) These Regulations may be cited as the European Communities (System for the Identification and Traceability of Explosives for Civil Uses) Regulations 2009.

(2) These Regulations and the Principal Regulations shall be construed as one and may be cited together as the European Communities (Placing on the Market, Supervision, Identification and Traceability of Explosives for Civil Uses) Regulations 1995 to 2009.

(3) These Regulations come into operation on 5 April 2012.

Interpretation

2. In these Regulations—

“ammunition” means the ammunition referred to in Regulation 3(2)(a) of the Principal Regulations;

“Principal Regulations” means the European Communities (Placing on the Market and Supervision of Explosives for Civil Uses) Regulations 1995 ( S.I. No. 115 of 1995 ) (as amended by the European Communities (Placing on the Market and Supervision of Explosives for Civil Uses)(Amendment) Regulations 2005 ( S.I. No. 546 of 2005 ));

“pump truck” means a mobile explosives manufacturing unit (MEMU);

“unique identification” shall be construed in accordance with Schedules 1 and 2.

Application

3. These Regulations shall not apply to the following:

(a) explosives transported and delivered unpackaged or in pump trucks for their direct unloading into a blast-hole;

(b) explosives manufactured at a blasting site, and that are loaded immediately after being produced (in situ production);

(c) ammunitions.

Marking of explosives, detonators and smallest packaging units

4. (1) Subject to paragraphs (2) and (3), 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 in accordance with Schedule 1.

(2) Where an explosive is subject to further manufacturing 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 Regulation 5(1).

(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, which allows traceability of the explosive.

(4) Distributors which repackage explosives shall ensure that the unique identification is affixed to the explosive and the smallest packaging unit.

5. (1) The unique identification shall be marked on or firmly attached to the article concerned in a durable way and so as to ensure that it is clearly legible.

(2) (a) Undertakings may attach adhesive detachable copies of the original label to the explosives for use by their clients.

(b) The copies referred to in subparagraph (a) shall be visibly marked as copies of the original, to prevent misuse.

Unique identification

6. (1) The unique identification shall comprise the components described in Schedule 2.

(2) The Minister shall attribute the three digit code identifying the name of the manufacturing site, referred to in Schedule 2, to the following:

(a) each manufacturing site established in the State;

(b) a manufacturing site to which paragraph (3) applies.

(3) Where the State is the place of import onto the Community market of an explosive and the manufacturing site of that explosive is located outside the Community—

(a) the manufacturer, if established in the Community, or

(b) the importer of the explosive concerned, where the manufacturer is not established in the Community,

shall contact the Minister in order for that manufacturing site to be attributed a three digit code under paragraph (2).

Data collection

7. Undertakings in the explosives sector shall put in place a system for collecting data in relation to explosives including their unique identification throughout the supply chain and life cycle, which shall be sufficient to allow the undertakings to:

(a) comply with Regulation 9, and

(b) keep track of the explosives in such a way that those holding the explosives can be identified at any time.

8. Undertakings in the explosives sector shall keep and maintain the data collected in accordance with Regulation 7, including the unique identifications, 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.

9. Each undertaking in the explosives sector shall:

(a) keep a record of all identifications of explosives, together with all pertinent information including the type of explosive, the company or person to the custody of whom it was given;

(b) record the location of each explosive while the explosive is in its possession or custody until the explosive is either transferred to another undertaking or used;

(c) at regular interval test its data collection system in order to ensure its effectiveness and the quality of the data recorded;

(d) (i) keep and maintain the data collected including the unique identifications for the period specified in Regulation 8, or

(ii) in the case of explosives manufactured or imported before 5 April 2012, maintain records in accordance with the provisions of the Principal Regulations;

(e) protect the data collected against accidental or malicious damage or destruction;

(f) provide an authorised officer, upon his or her request, with the information concerning the origin and location of each explosive during its life cycle and throughout the supply chain;

(g) provide an authorised officer with the name and contact...