Ordinance Amending The Ordinance On Explosives

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om eksplosivstoffer

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Overview (table of contents)



Annex 1











Annex 2









The full text of the Ordinance amending Ordinance of eksplosivstoffer1)

§ 1

In executive order No. 362 of 15. May 2008 on explosives, as amended by Decree No. 518 of 17. May 2010, is amended as follows: 1. The 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), Commission Directive 2008/43/EC of 4. April 2008 (Official Journal No. L 94, p. 8) and Commission directive 2012/4/EU of 22. February 2012 (Official Journal No. L 50, p. 18). '

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, as amended by Commission directive 2012/4/EU of 22. February 2012 amending Directive 2008/43/EC on the establishment, pursuant to Council Directive 93/15/EEC, of a system for the identification marking and tracing of explosives for civilian use, applies here in the country. Commission Directive 2008/43/EC of 4. April 2008 is reprinted as annex 3 to the order. Commission directive 2012/4/EU of 22. February 2012 is reprinted as annex 4 to 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). 6, must meet the requirements for labelling in Directive 2008/43/EC of 4. April 2008, see. art. 3-12 and its annex, as amended by Directive 2012/4/EU of 22. February 2012, see. art. 1, and in the Convention 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 its annex, as amended by Directive 2012/4/EU of 22. February 2012, see. art. 1, 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 5 '.

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, where the explosive is 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 and a new annex 4, shall be replaced by annexes 1 and 2 to this order.

Annex 3 becomes annex 5.

section 2 of the Ordinance shall enter into force on 5 March. April 2013.

(2). § 1, nr. 6-8, will enter into force on 5. April 2015.

(3). Article 3, paragraph 6, and article 13-14 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 only apply here in the country from the 5. April 2015.

The Ministry of Justice, the 23. April 2012 Morten Bødskov/Anne Fode



Annex 1 ' 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 use



(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 uses [1], 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 shall Management Committee — ISSUED the FOLLOWING 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 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"-manufacture)



c) ammunition.

CHAPTER 2 ID-MARKING of GOODS



Article 3



Unique id-marking 1. Member States should 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 Of explosives 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 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 on explosives can 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 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 European Commission Günter Verheugen Vice-president Annex the unique identifier-labelling must consist of: 1. a human readable part of id-marking consisting of: a) the manufacturer's name b) an alphanumeric code consisting of: i) 2 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 directly relateretil the alphanumeric 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.
' Annex ' Annex 2 4 COMMISSION DIRECTIVE 2012/4/EU of 22. February 2012 amending Directive 2008/43/EC on the establishment, pursuant to Council Directive 93/15/EEC, of a system for the identification marking and tracing of explosives for civil use



(Text with EEA relevance)

THE EUROPEAN COMMISSION HAS —

having regard to the Treaty on the functioning of the European Union,

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 use, 1) and in particular article 14, paragraph 2, second sentence, and

on the basis of the following considerations: (1) Fuses, including safety fuses and primers of fænghætte type is subject to the provisions of Directive 93/15/EEC, but used more frequently in Fireworks than for explosive purposes. The potential effects of an abuse of which will probably be similar to the effects of a misuse of Fireworks articles which present only a slight risk, and therefore is the appropriate effects far less serious compared with other types of explosives. For the sake of the principle of proportionality should, including safety fuses, fuses and primers of fænghætte type are exempt from the system for the identification marking and tracing of explosives for civilian use.



(2) It has taken longer than originally expected to develop an electronic system for the implementation of the system for identification marking and tracing of explosives. It is necessary to defer the application of Commission Directive 2008/43/EC2) to give explosives industry more time to fully develop, test, validate and thus increase the safety of the electronic systems necessary to implement Directive 2008/43/EC. In order to allow manufacturers and importers should be obliged to mark explosives to be postponed by one year to January 5. April 2013. It is necessary to have more time before the required electronic tracking systems can be implemented by all stakeholders throughout the supply chain. In addition, stocks of explosives with longer shelf life, which is produced in the past and should not be labelled in accordance with Directive 2008/43/EC, are still to be found in the supply chain, and it is not practical to impose on undertakings under an obligation to conduct various types of registers. The obligation to collect data and carry out registration should therefore be postponed by three years for the 5. April 2015.



(3) certain articles are too small to be fitted with the code for the production site and the electronically readable information. It is technically impossible to place a unique id tag on certain other articles due to their shape or design. In these cases, the required identification marking shall be placed on each smallest packing unit. Technical progress may mean that in future it will be possible to place the code for the production site and the electronically readable information on the relevant articles. The Commission should therefore by 2020, carry out a study in order to assess whether the required information may be placed on the articles themselves.



(4) Directive 2008/43/EC should therefore be amended accordingly.



(5) the measures provided for in this directive are in accordance with the opinion of it by article 13, paragraph 1, of Directive 93/15/EC — ADOPTED THIS DIRECTIVE: the Committee set up in article 1 of Directive 2008/43/EC is amended as follows:

1) in article 2 shall be inserted as subparagraph (d)), e) and (f)):» d) fuses that are string-shaped, non-detonating tændanordninger
e) Safety fuses, which consists of a core of fine grained black powder surrounded by a flexible woven fabric with one or more external protection cladding, and as by the ignition burner with a predetermined speed without any external explosive effect



f) primers of fænghætte type, consisting of a metal or plastic cap that contains a mixture of a primary explosive, easily flammable by shock, and which serves as tændelement in cartridges for small arms, and in perkussions charges for driving charges. '

2) Article 7 is replaced by the following: ' article 7



Simple detonators For simple detonators must be 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.

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

3) articles 9 and 10 shall be replaced by the following: ' article 9



Primers and boosters For other primers than those referred to in article 2 and for boosters to the unique id markings consist of a self-adhesive label on such primers and boosters or be printed directly on it. A related label placed on each box primers and boosters.

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

Article 10



Detonating fuses For detonation 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 detonation fuses.

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

4) Article 15, paragraph 1, second subparagraph, is replaced by the following:

» Applying these provisions from the 5. April 2013. The use, however, the provisions necessary to comply with article 3, paragraph 6, and article 13 and 14, from the 5. April 2015. '

5) As article 15a article 15a is inserted: ' the Commission shall, before 31 December. December 2020 a study in order to assess the technical progress has made it possible to abolish the derogations referred to in the annex, point 3. '

6) in the annex, point 3, the following is inserted:

» For articles that are too small to ensure that the information referred to in paragraph 1 (b)), nr. I) and (ii)), and in paragraph 2, may be affixed, or where because of the story's shape or design is technically impossible to place a unique identifier-the unique id-marking must be affixed to each smallest packing unit labeling.

Each smallest packing unit should be closed with sealing.

Each detonator or booster, which is covered by the derogation provided for in paragraph 2, labelled durable and in such a way as to ensure that the in point 1 (b)), nr. I) and (ii)), the information provided is clearly legible on the labelling. The number of simple detonators and boosters in the package shall be printed on the smallest packing unit.

Each detonation fuse, covered by the derogation provided for in paragraph 2, labelled with the unique id-marking on the roller or the coil and, if applicable, on the smallest packing unit. '

Article 2

1. Member States shall adopt and publish, not later than the 4. April 2012 the laws, regulations and administrative provisions necessary to comply with this directive. They shall forthwith communicate to the Commission, these laws and provisions and a correlation table consistency between those laws and provisions and this directive.

They shall apply these provisions from the 5. April 2013.

Laws and provisions to be 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 3

This Directive shall enter into force on the twentieth day following that of its publication in the official journal of the European Union.

Article 4

This directive is addressed to the Member States.

Done at Brussels, 22 December. February 2012.

On behalf of the Commission, José Manuel BARROSO President



«Official notes 1) Ordinance contains provisions that implement 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 (Official Journal No. L 94, p. 8) and Commission directive 2012/4/EU of 22. February 2012 amending Directive 2008/43/EC on the establishment, pursuant to Council Directive 93/15/EEC, of a system for the identification marking and tracing of explosives for civilian use (Official Journal No. 50, p. 18).

1 OJ L 121 of 15.5.1993), p. 20.

2 OJ L 94 of 5.4.2008), p. 8.