Key Benefits:
Minister of Interior, Overseas and Territorial Communities, Minister of Economy, Industry and Employment, Minister of Defence and Minister of Budget, Public Accounts and Public Service,
In light of Commission Directive 2008/43/EC of 4 April 2008 implementing, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of civilian explosives;
Vu le Decree No. 81-972 of 21 October 1981 amended on the marking, delivery, detention, transport and use of explosives;
Based on the opinion of the Commission on Explosive Substances of March 31, 2009,
Stop:
Pursuant to the provisions of Article 2 of the amended Decree of 21 October 1981 referred to above, this Order sets out the modalities for the identification and traceability of explosives for civilian use.
Except for the explosive products listed in Article 2 of the amended Decree of 21 October 1981, are subject to this identification and traceability:
― explosives and bulk explosives;
- binary explosive products;
- detonators and simple wicks;
- electrical, non-electrical and electronic detonators;
― primer cartridges and relay loads;
― the detonating cords and slow wicks;
- intermediate packagings, packages and drums containing the aforementioned explosive products.
The unique identification includes the elements described in the annex.
Each production site is assigned a three-digit code by the Minister responsible for the industry.
When the production site is located outside the European Union, the producer established in France contacts the minister responsible for the industry to assign a code to the production site.
When the production site is located outside the European Union and the producer is not established in the European Union, the importer of the relevant explosives contact the Minister responsible for the industry to assign a code to the production site.
The code allocation request is addressed to the General Directorate of Competitiveness, Industry and Services (DGCIS/SI).
Distributors repacking explosives ensure that unique identification is attached to the explosive product and to the elemental packaging unit or, in the case of explosives in bulk, to the only elemental packaging unit.
The unique identification mark is registered or fixed firmly and permanently on the relevant article, so as to be readable.
I. ― The unique identification consists of an adhesive label or a direct impression on:
- each cartridge or packaging, for explosives in bulk and explosives in bulk;
― each elementary packaging unit containing the binary components;
- the exterior coating of the detonator, for single detonators and wicks, electrical, non-electrical and electronic detonators;
– the primer cartridge or relay load;
― the coil, for detonating cords and slow wicks,
and on each packaging, body, package or drum containing the above-mentioned explosive products.
In the case of detonating cords and slow wicks, the unique identification will be affixed every five meters on the outer envelope of the rope or wick or on the inside layer of grooved plastic located just below the outside fiber of the rope or the wick.
II. ― In addition, companies may use a passive inert electronic badge, fixed on each elementary unit and each package, box, parcel or drum, as well as an associated identification device for each box containing the explosive products mentioned in I.
Companies may attach detachable adhesive copies of the original label to explosive products intended to be used by their customers to ensure the traceability of these products. Copies can be glued to the accompanying title and the record of receipt and consumption of explosives, referred to in the articles 6 and 9 of the decree of 21 October 1981 referred to above. The copies bear the mark "copy", visible to the naked eye, in order to prevent misappropriated uses.
The data collection system allows companies to retain information on explosives so that the explosive product holder can be identified at any time.
The data collected, including the unique identification number, shall be recorded and retained for a period of ten years from the date of delivery or the date of use or destruction of the explosive product, even if the enterprise concerned has terminated its activity.
In the event of the company's transfer, the data collection obligations are deferred to the new entity.
If the company terminates its operations without the existence of a registrar, it must return the data collected to the departmental gendarmerie commander or departmental director of public security.
Companies specializing in explosive products fulfil the following obligations:
(a) Keep a file containing all explosive identification numbers, as well as any relevant information, including the type of explosive product, the name of the company or the person in custody;
(b) List the place where each explosive product is stored when it is in their possession or when it is loaded, until it is transferred or used;
(c) Allow their data collection system to be regularly monitored to ensure its effectiveness and quality of recorded data;
(d) Record and maintain collected data, including unique identification numbers for the period referred to in Article 6;
(e) Protect data collected against accidental or deliberate damage or destruction;
(f) Provide the prefect of the department of the location of the establishment, as well as any police, gendarmerie or civil security authority, at their request, with information concerning the place of origin and the place where each explosive product is stored during its life and throughout the supply chain;
(g) Provide the departmental director of public security and the departmental gendarmerie commander with the contact details of a person authorized to provide the data referred to in point f outside the normal business hours.
For the purposes of the d-point, the company retains files in accordance with existing national provisions for explosive products manufactured or imported before April 5, 2012.
The Order of March 3, 1982 setting the conditions for marking and identification of explosives is repealed as of April 5, 2012.
The provisions of this Order come into force on 5 April 2012.
The Under-Secretary-General, Director of Modernization and Territorial Action, the Director General of Competitiveness, Industry and Services, the Director of the Civil and Military Firm and the Deputy Director of International Trade are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
The unique identification number includes:
1. A legible part to the naked eye containing the following elements:
(a) The name of the manufacturer;
(b) An alphanumeric code with:
(i) 2 letters identifying the State (e.g., place of production or import, AT = Austria);
(ii) 3 digits identifying the name of the production site (as assigned by the Minister responsible for the industry);
(iii) The unique product code and logistics information designed by the manufacturer;
2. An electronic readable identification number in barcode and/or matrix code format directly related to the alphanumeric identification code.
Example:
Done in Paris, May 5, 2009.
The Minister of the Interior,
the overseas and territorial authorities,
For the Minister and by delegation:
The Under-Secretary-General,
Director of Modernization
and territorial action,
C. Mirmand
Minister of Economy,
industry and employment,
For the Minister and by delegation:
The Director General of Competitiveness,
industry and services,
L. Rousseau
Minister of Defence,
For the Minister and by delegation:
The Director of the Civil Office
and military,
A. Viau
Minister of Budget, Public Accounts
and the Public Service,
For the Minister and by delegation:
Deputy Director
of International Trade,
P. Kearney
