Ordinance Amending The Ordinance On Explosives

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om eksplosivstoffer

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=124238

Ordinance amending Ordinance of eksplosivstoffer1)

§ 1

In executive order No. 362 of 15. May 2008 about explosives shall be amended as follows:

1. Footnote to notice the title is replaced by the following: ' 1) Ordinance contains provisions implementing Council Directive 93/15/EEC of 5. April 1993 (Official Journal 1993 No. L 121, p. 20), Commission Directive 2004/57/EC of 23. April 2004 (Official Journal No. L 127, p. 73) and Commission Directive 2008/43/EC of 4. April 2008 (Official Journal No. L 94, p. 8). '

2. In article 2 the following paragraph 3 is added:

' (3). The provisions of Commission Directive 2008/43/EC of 4. April 2008 establishing, pursuant to Council Directive 93/15/EEC, of a system for the identification marking and tracing of explosives for civilian use shall apply in this country. The directive is reprinted as annex 3 to the order. '

3. § 3, paragraph 1 is replaced by the following: ' Explosive substances imported or manufactured in this country, without prejudice. weapons and explosive Act § 1 (1) (8). 5, must meet the requirements for labelling in Directive 2008/43/EC of 4. April 2008, see. art. 3-12 and its annex, and in Convention by 1. March 1991 on the marking of plastic explosives for the purpose of detection, see. section 1, paragraph 4. '

4. Article 4, paragraph 2 is replaced by the following: ' (2). Authorisations referred to in paragraph 1 shall be limited to the explosives, which comply with the requirements of Directive 93/15/EEC of 5. April 1993, in accordance with article 3. art. 2-4, art. 7 and annexes I, II and IV, Directive 2008/43/EC of 4. April 2008, see. art. 3-12 and annex and the technical annex to the Convention by 1. March 1991 on the marking of plastic explosives for the purpose of detection. "

5. In article 7, paragraph 1, no. 2, the words ' Annex 3 ' to: ' Annex 4 '.

6. section 10 (1), (2). paragraph is replaced by the following: ' the list shall also include information on explosive substances type, id tagging and retention place. '



7. section 10 (2) 1. paragraph is replaced by the following: ' The information referred to in paragraph 1 shall be kept and maintained for a period of at least 10 years from the end of the calendar year in which the recorded transaction took place, or from the end of the life cycle of the elements where this explosive known. '



8. Article 10, paragraph 4 is replaced by the following: ' (4). Any person in accordance with paragraph 1 has a duty to lead list of explosives, must inform the local police of the name and contact information on a person outside normal working time have access to the information referred to in paragraph 1. The information referred to in paragraph 1 shall otherwise be made available promptly upon request of the Ministry of Justice or the police. '

9. In accordance with Annex 2, insert a new annex 3, which is replaced by the annex to this order.




The existing annex 3 becomes annex 4.



§ 2

The notice shall enter into force on 5 March. April 2012.
The Ministry of Justice, the 26. March 2009 Brian M/Anette Arnsted Annex 3

Commission Directive 2008/43/EC of 4. April 2008 establishing, pursuant to Council Directive 93/15/EEC, of a system for the identification marking and tracing of explosives for civil uses (text with EEA relevance)

COMMISSION OF THE EUROPEAN COMMUNITIES,

having regard to the Treaty establishing the European Community,

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 brug1), and in particular article 14, paragraph 2, second sentence, and on the basis of the following considerations:

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

(2) as provided for in this directive, it is necessary to ensure that operators in the sector of explosives has a system that makes it possible to keep records of movements of explosives at any time to be able to determine who is in possession of them.

(3) Unique id tagging of explosives is an absolute necessity if you want to be kept accurate and complete records of explosive substances in any supply chain. This will make it possible to id tag explosives and trace their movements from the place of production and the first placing on the market through to the end user, to keep records of their use in order to prevent abuse and theft and to assist enforcement authorities in tracking lost or stolen explosives to their origin.

(4) the measures provided for in this directive are in accordance with the opinion of it pursuant to article 13 (1) of Directive 93/15/EEC set up management committees —

HAS ADOPTED THIS DIRECTIVE:

CHAPTER 1

GENERAL PROVISIONS

Article 1

Purpose

This directive establishes a harmonised system for the unique identification marking and tracing of explosives for civilian use.

Article 2

The scope of the

The directive does not apply to:




a) explosives, transported and delivered unpacked or pump carts for direct unloading of explosive gaps

b) explosives manufactured at the blasting site, and which left immediately after manufacture (' in-situ '-manufacturing)

c) ammunition.



CHAPTER 2

ID-MARKING OF GOODS

Article 3

Unique id marking

1. Member States shall ensure that operators in the sector of explosives, which manufactures or imports explosives or detonators, explosives and inflicts brings together all the smallest packing units a unique id tagging.

In cases where an explosive is the subject of further manufacturing processes, the manufacturer is not required to label the explosive with a new unique id marking, unless the original unique id tagging is no longer in accordance with article 4.

2. paragraph 1 shall not apply in cases where explosives are manufactured for export and is applied to an identification marking in accordance with the requirements of the importing country, which makes it possible to trace explosives.

3. The unique identification marking shall consist of the elements described in the annex.

4. Each site is assigned a three-digit code of the national authorities of the Member State in which it is established.

5. If the production site is located outside the community, contacts the manufacturer established within the community, a national authority in the importing Member State for the purpose of assigning a code to the production site.

If the production site is located outside the community, and the manufacturer is not established in the community, the importer of the explosives concerned a national authority in the importing Member State for the purpose of assigning a code to the production site.

6. Member States shall ensure that distributors who repackage explosives shall ensure that the unique id tagging is attached to explosives and for the smallest packing units.

Article 4

Labelling and fastening

The unique identifier-labelling must be performed directly on or attached to the article in question, so that marking is durable and clearly legible.

Article 5

Explosives in cartridges and sacks

For explosive substances in cartridges and sacks must be the unique id markings consist of an adhesive label on each cartridge or bag, or be printed directly on it. A related label placed on each box of cartridges.

In addition, operators may use a passive electronic piece that snaps to each cartridge or bag and a related electronic piece for each box of cartridges.

Article 6

Two component explosives

For packaged two component explosives, the unique id markings consist of an adhesive label on each smallest packing unit containing the two components or be printed directly on it.

Article 7

Simple detonators and fuses

For simple detonators and fuses to the unique id markings consist of an adhesive label on the detonator Holster or be directly printed or stamped thereon. A related label placed on each box detonators or fuses.

In addition, operators may use a passive electronic piece that snaps to each detonator or fuse, and a related electronic piece for each box detonators or fuses.

Article 8

Electric, non-electric and electronic detonators

For electric, non-electric and electronic detonators must be the unique id tagging consist either of a self-adhesive label on the wires or pipes or a self-adhesive label on detonator Holster or be directly printed or stamped thereon. A related label placed on each box detonators.

In addition, operators may use a passive electronic piece that snaps to each detonator, and a related electronic piece for each box detonators.

Article 9

Primers and boosters

For primers and boosters to the unique id markings consist of an adhesive label or be printed directly on the primer or booster. A related label placed on each box primers or boosters.

In addition, operators may use a passive electronic piece that snaps to each primer or booster, and a related electronic piece for each box primers or boosters.

Article 10

Detonating fuses and Safety fuses


For detonation fuses and Safety fuses must be the unique id markings consist of an adhesive label or be printed directly on the coil. The unique id tagging quotes in every five meters on either luntens outer envelope or on the internal layer of extruded plastic immediately below the luntens outer threads. A related label placed on each box fuses.

In addition, operators may use a passive electronic piece inserted in the string and a related electronic piece for each box fuses.

Article 11

Cans and barrels containing explosive substances

For cans and barrels containing explosive substances must be the unique id markings consist of an adhesive label or be printed directly on the can or barrel containing explosives.

In addition, operators may use a passive electronic piece that snaps to each tin or barrel.

Article 12

Copies of the original labels

Operators can on explosives attach the self-adhesive, removable replicas of the original labels that users can use. In order to prevent abuse of these copies must be clearly marked as copies.

CHAPTER 3

DATA COLLECTION AND REGISTRATION

Article 13

Data collection

1. Member States shall ensure that operators in the sector of explosive substances shall establish a system for the collection of data relating to explosives, including explosive substances unique id markings, on the whole their way through the supply chain and throughout their life cycle.

2. Data collection system should make it possible for operators to keep company with explosives, so that it is possible at any time to determine who has explosives not later.

3. Member States shall ensure that the data collected, including the unique identification markings must be kept and maintained for a period of 10 years after delivery or after expiry of the explosive substances lifecycle, in cases where this is known, even after these operators have set up their trading business.

Article 14

The operators ' obligations

Member States should ensure that operators in the sector of explosives:




a) keep a register of all explosives identification markings and all relevant information, including explosive substances, type and the company or person, they are transferred to

(b)) notes the repository for any explosive substance in their possession or custody until this either be transferred to others or used

(c)) at regular intervals to test their data collection system, with a view to ensuring its efficiency and the quality of the recorded data

(d)) shall keep and maintain the data collected, including the unique id labels, within the meaning of article 13, paragraph 3 specified period

e) protects the collected data against accidental damage and vandalism

f) on request from the competent authorities indicate whether each explosive substance origin and repository throughout its life cycle and on the whole its way through the supply chain

(g)) of the Member State competent authorities indicate the name of a person who is outside normal working time may submit the information referred to in points (a) to (f)), and its contact information.



For the purposes of point (d)) leads the operator in connection with explosive substances, manufactured or imported before the in article 15, paragraph 1, second subparagraph, that date, book in accordance with the applicable national provisions.

CHAPTER 4

FINAL PROVISIONS

Article 15

Implementation

1. Member States shall adopt and publish, not later than the 5. April 2009 the laws, regulations and administrative provisions necessary to comply with this directive. They shall forthwith communicate to the Commission of those provisions and a correlation table showing the correlation between those provisions and this directive.

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

The provisions adopted shall contain a reference to this directive or shall be accompanied by such reference publication. The detailed rules for the reference to be determined by the Member States.

2. 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 of the

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.

On behalf of the Commission

Günter Verheugen

Vice-President

ANNEX

The unique identifier-labelling must consist of:

1. a human readable part of the id label, consisting of:







 



(a))





the manufacturer's name





 



(b))





an alphanumeric code consisting of:





 

 



in)





two letters identifying the Member State (the production site and the site of imports to the Community market, URf.eks. To = Austria)





 

 



(ii))





3 digits that identifies the production site (assigned by the national authorities)





 

 



(iii))





the unique item code and logistical information from the manufacturer.









2. an electronically readable id marking in bar code and/or matrix code, which is directly related to the alpha-numeric identification code.

Example:



3. For articles that are too small for that unique item code and the logistical information from the manufacturer can be fixed on them, are considered in paragraphs 1 (b)), i) and ii), and paragraph 2 included the information that will be sufficient.
Official notes 1) Ordinance contains provisions that implement Commission Directive 2008/43/EC of 4. April 2008 (Official Journal No. L 94, p. 8).

1 OJ L 121 of 15.5.1993), p. 20. Amended by European Parliament and Council Regulation (EC) No 1782/2003. 1882/2003 (OJ L 284 of 31.10.2003, p. 1).