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Ordinance Amending The Ordinance On Explosives

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om eksplosivstoffer

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Table of Contents

Appendix 3

Publication of the amendment of the proclamations of explosives 1)

§ 1

Notice no. 362 of 15. In May 2008 on explosives, the following changes are made :

1. Foot notation the title of the notice shall be replaced by the following :

" 1) The commuting shall contain provisions implementing Council Directive 93 /15/EEC of 5. April 1993 (EC Official Journal 1993 no. L 121, s. Directive 20), Commission Directive 2004 /57/EC of 23. April 2004 (EU Official Journal # L 127, s. Directive 73) and Commission Directive 2008 /43/EC of 4. April 2008 (EU Official Journal # In 94, s. 8). '

2. I § 2 pasted as paragraph 3 :

" Stop. 3. The provisions of Commission Directive 2008 /43/EC of 4. April 2008 establishing in accordance with Council Directive 93 /15/EEC of a system for identification marking and the detection of explosives for civilian use is applicable here in the country. The Directive shall be published in accordance with Annex 3 to the notice. '

3. Section 3, paragraph 3. 1, ITREAS :

' Explosives to be imported or produced here in the country, cf. Article 1 (1) of the weapon and explosives. 1, no. 5, shall comply with the requirements for labelling in Directive 2008 /43/EC of 4. April 2008, cf. species. 3-12 and the Annex, and in the Convention of 1. 1 March 1991 on the labelling of plastic explosives for the purposes of detection, cf. Section 1 (1). 4. "

4. Section 4 (4). 2, ITREAS :

" Stop. 2. Permissions pursuant to paragraph 1. 1 comprises explosives which comply with the requirements of Directive 93 /15/EEC of 5. April 1993, cf. species. 2-4, species. 7 and Annexes I, II and IV, Directive 2008 /43/EC of 4. April 2008, cf. species. 3-12 and the Annex, and the technical Annex to the Convention on 1. 'March 1991 on the labelling of plastic explosives for the purposes of detection.'

5. I Section 7 (2). 1, no. 2, in Annex 3, the words ' Annex 4 ` shall be replaced by the following :

6. ~ 10 (1)) ONE, TWO. pkt., ITREAS :

' The form must also include information on the type, identification marks and the container of explosives substances. '

7. ~ 10 (1)) TWO, ONE. pkt., ITREAS :

" They in the first paragraph. Paragraph 1 shall be kept and maintained for a minimum period of at least 10 years from the end of the calendar year in which the data entry was recorded or the life cycle of the explosive victims, where known. ` ;

8. ~ 10 (1)) 4, ITREAS :

" Stop. 4. Anyone who, after paragraph, shall : 1 shall inform the deputy police of the name and contact information of a person outside the normal working hours of access to the products referred to in paragraph 1. 1 mentioned information. The people in paragraph 3. In any case, the information referred to shall be made available immediately at the request of the Ministry of Justice or the police. `

9. In accordance with Annex 2, a new Annex is added to Annex 3, which is replaced by the Annex to this notice.

The previous annex 3 will then be appendigo 4.

§ 2

The announcement shall enter into force on 5. April 2012.

Justice Department, 26. March 2009 Brian Mikkelsen / Anette Arnsted

Appendix 3

Commission Directive 2008 /43/EC of 4. April 2008 establishing in accordance with Council Directive 93 /15/EEC of a system for identification marking and tracking of explosives for civil use (Text with EEA relevance)

THE COMMISSION FOR THE EUROPEAN COMMUNITIES HAS-

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 93 /15/EEC of 5. April 1993 on the harmonization of the provisions on the placing on the market and control of explosives for civil use 1) , in particular Article 14 (2), The second sentence of the second sentence and on the following :

(1) Directive 93 /15/EEC lays down rules for the safe movement of explosives on the Community market.

(2) As laid down in this Directive, it is necessary to ensure that operators in the explosives sector have a system that makes it possible to keep accounts of the movement of explosives in order to determine who is in possession at any time ; Of them.

(3) Unique identification of explosives is an absolute necessity if precise and complete registers of explosives must be kept in the framework of all supply chain. It will make it possible to identity-label explosives and track their movements from the place of production and the initial marketing to the end user, to keep accounts of their use in order to prevent abuse and theft and to assist them ; enforcement authorities by tracing the detection of lost or stolen explosives to their origin.

(4) The measures provided for in this Directive are in accordance with the opinion of the provisions of Article 13 (3). 1, in Directive 93 /15/EEC, set up management committees,

ISSUED THE FOLLOWING DIRECTIVE :

CHAPTER 1

GENERAL PROVISIONS

ARTICLE 1

Objective

This directive establishes a harmonised system for unique identification and tracing of explosive substances for civilian use.

ARTICLE 2

Scope of application

The Directive shall not apply to :

a) explosives transported and delivered unpackaged or pumpecaravans for direct reading in the blasting

b) explosives produced in the blast site and shall be left immediately after manufacture ("in situ"-manufacture) ;

c) Ammo.

CHAPTER 2

IDENTIFICATION OF GOODS

ARTICLE 3

Unique ID markings

1. Member States shall ensure that operators in the explosives manufacturer or to import explosives or to collect the detonators shall cause the explosives and any unique identification marks to be given to them by the explosive devices.

In cases where an explosive is the subject of further manufacturing processes, the manufacturer must not be obliged to label the explosive with a new unique identification mark unless the original unique identifier-labelling is no longer in conformity with Article 4.

Paragraph 1 shall not apply in cases where explosives are manufactured for export and on an identification mark in accordance with the requirements of the importing country, which make it possible to track the explosives.

3. The unique identification mark must consist of the elements described in the Annex.

4. Each place of production shall be allocated to a three-digit code of the national authorities of the Member State in which it is established.

5. If the place of production is situated outside the Community, the manufacturer must, within the Community, establish a national authority in the importing Member State for the purpose of the allocation of a code to the place of production.

Where the production site is situated outside the Community and the manufacturer is not established in the Community, the importer shall contact the importer of a national authority of the importing Member State for the purpose of assigning a code to : the production site.

6. Member States shall ensure that distributors containing explosives are to ensure that the unique identification mark is fixed to the explosives and to the minimum packaging units.

ARTICLE 4

Marking and fixing

The unique identification mark must have been carried out directly on or attached to the article in question so that the labelling is durable and clearly legibly.

Article 5

Explosives in cartridges and sacks

In the case of explosives in cartridges and bags, the unique identification mark must consist of a self-sticky label on each bullet or a bag, or printed directly on that. A associated label shall be placed on each box of cartridges.

In addition, operators may use a passive electronic component attached to each cartridge or a bag and an attached electronic pawn for each box of cartridges.

ARTICLE 6

Tocomponent textile fabrics

For packed two-component textile products, the unique identifier-marking shall consist of a self-clingying label on every last packing unit containing the two components or printed directly on that point.

Article 7

Simple detonators and whims.

For simple detonators and whims, the unique identification mark must consist of a self-sticky label on the detonator vessel or printed or stamped directly on that. A associated label shall be placed on each case of detonators or whims.

In addition, operators may use a passive electronic component attached to each detonator or fuse, and an associated electronic paw for each box of detonators or fives.

ARTICLE 8

Electrical, non-electrical and electronic detonators

For electric, non-electrical and electronic detonators, the unique identification mark shall consist of either of a self-sticky label on the wires or pipes or a self-sticky label on the detonator shell or printed or stamped directly on that. A attached label shall be placed on each box detonators.

In addition, operators may use a passive electronic pawn to be attached to each detonator and an associated electronic pawn for each box detonators.

Article 9

Primer and boosters

For more primers and boosters, the unique identifier label must consist of a self-clingling label or printed directly on the booster or booster. A associated label is placed on each case of primer or boosters.

In addition, the operators may use a passive electronic pawn to be attached to each primer or booster, and an associated electronic pawn for each case of primers or boosters.

Article 10

Detonation slunter and safety cams

For detonation fields and safety whims, the unique identifier-marking must consist of a self-clingy label or printed directly on the coil. The unique identification mark shall be entered every five metres on the outer casing or the interior of the internal layer of the extrusion immediately below the outer threads of the caper. A associated label shall be affixed to each box of lunches.

In addition, the operators may use a passive electronic pawn to be inserted into the string and an associated electronic pawn for each case of a case of lunches.

Article 11

Boxins and barrels containing explosives

For cans and barrels containing explosives, the unique identification mark shall consist of a self-clenched label or printed directly on the tin or the barrel containing the explosives.

In addition, operators may use a passive electronic pawn to be attached to each canned or acoust.

Article 12

Copies of original labels

Operators can determine on the explosive, of the duplicating, detactible copies of the original labels that users can use. In order to prevent abuse, these copies must be clearly marked as copies.

CHAPTER 3

DATA COLLECTION AND REGISTRATION

ARTICLE 13

Data Collection

1. Member States shall ensure that the operators in the explosives are introducing a system for the collection of explosives, including the unique identification marks of the explosive substances, all over their road through the supply chain and throughout the whole of the supply chain ; their life cycle.

2. The data collection system shall make it possible for operators to keep accounts of explosives, so that it is possible to determine at all times who has the explosives in the hands of the explosives.

3. Member States shall ensure that the collected data, including the unique identification marks, retained and maintained for a period of 10 years after delivery or after the expiry of the life-cycle life cycle of the explosives, in cases where this is known, including after the operators concerned have set up their trading activities.

ARTICLE 14

Obligations of operators

Member States shall ensure that operators in the explosive use of the sector :

a) keep a record of the identification marks of all explosive substances and all the relevant information, including the type of explosive and the company or person they have been assigned to ;

b) notes the container of any explosives in their possession or custody until such time as it is transferred to others or used ;

c) periodical samples of their data collection system in order to ensure its effectiveness and quality of data recorded ;

d) store and maintain the collected data, including the unique identifications of the data referred to in Article 13 (1). 3, specified period

(e) protects the collected data against unintentional damage and vandalism ;

(f) inform the competent authorities of each explosive origin and container throughout its life cycle and throughout its journey through the supply chain ;

g) in the case of the competent authorities of the Member State, the name of a person outside of the working time may be subject to the information referred to in (f) and his contact information.

For the purposes of point (d), the operator of explosives produced or imported before it shall be imported under the provisions of Article 15 (1). The date referred to in paragraph 1, the second subparagraph, in accordance with the applicable national provisions.

CHAPTER 4

FINAL PROVISIONS

Article 15

Implementation

1. Member States shall adopt and publish the latest by the 5. In April 2009, the laws, regulations and administrative provisions necessary to comply with this Directive shall immediately be sent to the Commission by means of a correlation table showing the consistency between the relevant provisions and this Directive ; Directive.

They shall apply these provisions from the 5. April 2012.

The provisions shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by the Member States.

Member States shall communicate to the Commission 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 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-President

EXHIBIT

The unique identification mark must consist of :

1. a human legible part of the identification mark made up of :

a)
manufacturer ' s name
b)
an alphanumeric code consisting of :
i)
2 letters identifying the Member State (place of production and place of import into the Community market, e.g. AT = Austria)
(ii)
3 digits identifying the place of production (allocated by the national authorities) ;
(iii)
the unique product code and logistical information provided by the manufacturer.

2. an electronic readable ID tag in the bar code and / or matrix code directly related to the alphanumeric identification code.

For example :

AA4786_5_1.jpg Size : (423 X 166)

For articles which are too small for the unique commodity code and the logistical information provided by the manufacturer to be attached to them, the information referred to in points 1, (b), (i) and (ii) and paragraph 2 included information as sufficient.

Official notes

1) The announcement contains provisions implementing Commission Directive 2008 /43/EC of 4. April 2008 (EU Official Journal # In 94, s. 8).

1) OJ L 121, 15.5.1993, p. 20. Directive as amended by Regulation (EC) No 2 of the European Parliament and of 1882/2003 (EUT L 284, 31.10.2003, p. 1).