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Council Directive 93 /15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and the control of explosives for civil purposes provides in Article 14 that it is necessary for the companies in the sector have a system for monitoring the possession of explosives, which makes it possible to identify at all times their holder. All this in order to ensure that the circulation of explosives on the Community market is developed safely and protected.
The regulation of the placing on the market and the control of explosives for civil purposes in our legal order finds its headquarters in Royal Decree 230/1998, of 16 February, for which the regulation of explosives. In the final disposition of the aforementioned royal decree is authorized to the Ministries of the Interior and Industry and Energy (currently, Ministry of Industry, Energy and Tourism), to update the technical contents of the instructions complementary techniques, the texts of which are attached as annexes to that Regulation, taking into account the evolution of the technique and the legal and regulatory rules governing the matters to which they relate.
By Order PRE/1263/2009 of 21 May 2009, Commission Directive 2008 /43/EC of 4 April 2008 establishing, in accordance with Council Directive 93 /15/EEC, a Directive on the approximation of the laws of the Member States relating to the system for identifying and tracing explosives for civilian purposes, since the updating of the technical instructions on the identification and traceability of explosives with the following technical instructions 2 and 15 was carried out. 'civil purposes' and 'Packaging and packaging identification labels' respectively, of the Explosives Regulation.
The unique identification of explosives is essential in order to be able to keep accurate and complete records of the explosives at all stages of the supply chain. This should enable the identification and traceability of the explosive from the place of production and its first placing on the market to the user and end use, in order to prevent misuse and theft and to assist the authorities that ensure the compliance with the law to determine the origin of the lost or stolen explosives.
However, Directive 2008 /43/EC has been the subject of a recent amendment by way of Commission Directive 2012/4/EU of 22 February 2012, with the threefold purpose which it provides below.
On the one hand, for reasons of proportionality it is understood that the wicks, including safety wicks, as well as bait-bait or pistons, should be exceptions to the system of identification and traceability of explosives with civil purposes, since, although they fall within the scope of Directive 93 /15/EEC, they are used more for pyrotechnic purposes than explosives. The potential effects of poor use may be similar to the effects of poor use of pyrotechnic articles presenting a low level of risk and therefore these effects are much less severe if compared to those of other types of explosives.
On the other hand, the European Commission has considered it necessary to postpone the implementation of Directive 2008 /43/EC so that the explosives industry can have more time to fully develop, test, validate and, increase the safety of the electronic systems necessary to implement the Directive. For this to be possible, the obligation, exclusive of manufacturers and importers, to mark explosives should be deferred for one year until 5 April 2013. In addition, stocks of longer-lived explosive devices which were previously manufactured and are not fitted with a marking as provided for in Directive 2008 /43/EC shall continue to be in the supply chain and do not result It is practical to oblige companies to maintain different types of registration. Therefore, the data collection and record-keeping obligations should be postponed for three years, until April 5, 2015.
It is also appropriate to stress that the obligation to mark explosives lies exclusively with manufacturers and importers, not in those who are in possession of a licence or authorisation only for storage, transfer or marketing, which will only be required for the collection of data and the maintenance of the records.
Finally, in Directive 2012/4/EU it has been established that certain articles are too small to be provided with the code of the place of manufacture and the electronically readable information. For other items, placing a unique identification is technically impossible due to its shape or design. In such cases, the required identification should be set in each of the smallest packaging units.
This order complies with the provisions of the Directive through the reform and updating of the single transitional provision of Order PRE/1263/2009 of 21 May 2009 and of the provisions contained in the Instruction Supplementary technical number 2 'Identification and traceability of explosives for civil purposes' of the explosives regulation.
This order has been favorably informed by the Permanent Inter-Ministerial Arms and Explosives Commission.
In its virtue, on the proposal of the Ministers of Industry, Energy and Tourism and of the Interior, according to the State Council, I have:
Article first. Amendment of Order PRE/1263/2009 of 21 May, updating the supplementary technical instructions numbers 2 and 15 of the Explosives Regulation, approved by Royal Decree 230/1998 of 16 February.
The single transitional provision of Order PRE/1263/2009 of 21 May 2009 updating the supplementary technical instructions numbers 2 and 15 of the Explosives Regulation, approved by Royal Decree 230/1998 of 16 June 1998, February, it is worded as follows:
" Single transient provision. Deadline for compliance with the new legislation.
1. All natural or legal persons in possession of a licence or authorisation for the manufacture and import of explosives shall be subject to the conditions laid down in this order before 5 April 2013.
Explosives identified according to the non-updated version of the Additional Technical Instructions numbers 2 and 15 may be manufactured and imported with that identification until 5 April 2013. Since this date, all explosives must be identified in accordance with the new technical instructions, although they may continue to be placed on the market and used explosives identified in accordance with the instructions set out in the instructions. Complementary techniques numbers 2 and 15 current, until 5 April 2015. As of 5 April 2015, all explosives placed on the market and used shall incorporate the new type of marking provided for in this order.
2. Without prejudice to the provisions of the preceding paragraph, the provisions of the third subparagraph of paragraph 3 concerning the repackaging of explosives by distributors and in paragraph 4.B) 5 "Data collection, keeping of records and obligations "of the undertakings" of Additional Technical Instruction No 2 Identification and traceability of explosives for civil purposes "shall not apply until 5 April 2015."
Article 2. Amendment of Supplementary Technical Instruction No 2 "Identification and traceability of explosives for civil purposes" of the Explosives Regulation, approved by Royal Decree 230/1998 of 16 February, updated by the Order PRE/1263/2009 of 21 May 2009.
The supplementary technical instruction number 2 "Identification and traceability of explosives for civil purposes" of the Explosives Regulation, approved by Royal Decree 230/1998 of 16 February, updated by the Order PRE/1263/2009 of 21 May 2009 is amended as follows:
One. A third subparagraph is added in paragraph 1 with the following wording:
" The system of identification and traceability of explosives for civil purposes shall not apply to:
a) Dates, which are ignition devices, not detonating, cord-type.
(b) Safety dates, consisting of a fine black powder, surrounded by a flexible fabric with one or more exterior protective coatings, and which, once lit, burn at a predetermined speed without any effect external explosive.
(c) bait-bait or pistons, consisting of a metal or plastic cap containing a small quantity of a primary explosive mixture of rapid ignition by impact and which serve as ignition elements for cartridges of small arms or percussion baits for propulsive loads. "
Two. The first subparagraph of paragraph 2 is worded as follows:
" 2. Single identification, marking and fixing of the product. -All natural or legal persons in possession of a licence or authorisation for the manufacture and import of explosives must mark the explosives and each of the packaging units small with a unique identification or identification key without prejudice to the provisions of Chapter I of Title IV of the Explosives Regulation. '
Three. The first subparagraph of paragraph 3 (A) is worded as follows:
" (A) Explosives manufactured in Spain: In the case of explosives manufactured in Spain, all natural or legal persons in possession of a licence or authorisation for the manufacture of explosives must submit to the Central Intervention of Arms and Explosives of the Civil Guard a proposal of the unique identification of its products except for the second group of the alphanumeric identification code. It shall be the Central Arms and Explosives Intervention which shall attribute the three digits identifying the name of the manufacturing site of the second group of the alphanumeric identification code, providing the same number to each manufacturing site. "
Four. Paragraph 4.B) 1 is worded as follows:
" 1. Wick detonators: the unique identification shall consist of an adhesive label or a direct printing or stamping on the detonator's cap. In each detonator box, a related label shall be placed with the label shown on each unit. In addition, companies may place on each detonator a passive inert electronic tag, and in each detonator box a related electronic tag. "
Five. Paragraphs 4.B) 3 and 4.B) 4 are worded as follows:
" 3. Primers and multipliers: the unique identification shall consist of an adhesive label or a direct printing or stamping on the bait or multiplier. In each box of baits or multipliers, a label shall be placed in relation to the label shown on each unit. In addition, companies may place on each bait or multiplier a passive inert electronic tag, and in each box of baits or multipliers a related electronic tag. This unique identification shall not be required for the bait-bait or pistons referred to in paragraph 1 of this Supplementary Technical Instruction.
4. Detonating cords: the unique identification shall consist of an adhesive label or a direct printing on the coil. The unique identification shall be marked every 5 metres, either in the outer jacket of the cord, or in the inner layer of extruded plastic immediately below the outer fibre of the cord. A label related to the one that appears on each unit will be placed in each detonating cord box. In addition, companies may insert a passive inert electronic tag into the cord, and in each cord box a related tag. "
Six. Paragraph (C) of the Annex is worded as follows:
" (C) In the case of items which are too small for their unique identification to contain all the groups described in (A) and (B) of this Annex, the information referred to in (A) (b) (i) and (b) shall be considered sufficient. ii, and in paragraph B).
In case the items are too small to be provided with the information referred to in subparagraph (A) (b) (i) and (ii) and in paragraph B), or if their shape or design makes it technically impossible to include a unique identification, a unique identification shall be included in each of the smallest packaging units.
Each of the smaller pack units must be sealed.
Each wick detonator or multiplier that conforms to the exemption set out in the second paragraph shall be marked in a durable and clearly legible manner with the information set out in paragraph A) .b) i and ii. The number of mecha detonators or multipliers it contains shall be indicated in each of the smallest package units.
Each of the detonating cords which conforms to the exemption provided for in the second paragraph shall be marked with the unique identification on the cylinder or on the coil and, where appropriate, on the smallest unit of packaging. '
Final disposition first. Incorporation of rules of law of the European Union.
By this order, Commission Directive 2012/4/EU of 22 February 2012 amending Directive 2008 /43/EC laying down, in accordance with Directive 93 /15/EEC of the European Parliament and of the Council Directive 93 /15/EEC, is incorporated into the Spanish legal order. Council, a system of identification and traceability of explosives for civilian purposes.
Final disposition second. Entry into force.
This order will take effect the day following your publication in the "Official State Bulletin".
Madrid, September 24, 2012. -Government Vice President and Minister of the Presidency Soraya Saenz de Santamaria Anton.
