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Order Pre/1263/2009, Of 21 May, Which Are Updated Complementary Technical Instructions Numbers 2 And 15, From The Regulation Of Explosives, Approved By Royal Decree 230/1998 Of 16 February.

Original Language Title: Orden PRE/1263/2009, de 21 de mayo, por la que se actualizan las instrucciones técnicas complementarias números 2 y 15, del Reglamento de Explosivos, aprobado por Real Decreto 230/1998, de 16 de febrero.

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Royal Decree 230/1998 of 16 February, approving the Explosives Regulation, in its final provision, authorizes the Ministries of the Interior and Industry and Energy (at present, the Ministry of Industry, Tourism and Trade), in order to update the technical content of the accompanying technical instructions, the texts of which are attached as annexes to that Regulation, taking into account the evolution of the technique and what the rules provide for legal and regulatory provisions on the matters to which they relate.

On 5 April 2008, it was published in the Official Journal of the European Union, Commission Directive 2008 /43/EC of 4 April 2008 establishing, in accordance with Council Directive 93 /15/EEC, a system of identification and traceability of explosives for civilian purposes.

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, as laid down in Article 14 thereof, the companies in the sector have a system for monitoring the possession of explosives, which allows the holder to be identified at all times. All this in order to ensure that the circulation of explosives on the Community market is developed safely and protected.

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.

This order complies with the provisions of Directive 2008 /43/EC by updating the provisions contained in the Supplementary Technical Instructions numbers 2 and 15.

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, Tourism and Commerce and of the Interior, according to the State Council, I have:

Single item. Update of the Additional Technical Instructions numbers 2 and 15 of the Explosives Regulation.

Additional technical instructions numbers 2 and 15, on "Standards for the control of possession of explosives" and "Packaging and packaging identification labels" respectively, of the Explosives Regulation, approved by Royal Decree 230/1998 of 16 February 1998 is replaced by those inserted below.

Single transient arrangement. Deadline for compliance with the new legislation.

All natural or legal persons in possession of a licence or authorisation for the manufacture, storage, transfer or import and placing on the market of explosives must adapt to the conditions laid down in the this order before 5 April 2012.

Until that date, the rules for the collection of information relating to the identification of explosives, as provided for in the Additional Technical Instructions Nos 2 and 15, which are to be replaced and replaced, may be applied. updated by those approved by this order.

Explosives identified under the Supplementary Technical Instructions numbers 2 and 15 that are to be replaced and updated may be placed on the market with that identification until 5 April 2012. From this date, all explosives must be identified in accordance with the new technical instructions.

Final disposition first. Competence title.

This order is dictated by the provisions of Article 149.1.26. of the Constitution, which attributes exclusive competence to the State on the regime of production, trade, possession, and use of weapons and explosives.

Final disposition second. Incorporation of rules of European Community law.

By this order, Commission Directive 2008 /43/EC of 4 April 2008 establishing, in accordance with Council Directive 93 /15/EEC, an identification system and a system of identification, and the Spanish legal system, is incorporated into the Spanish legal order. traceability of explosives for civilian purposes.

Final disposition third. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, May 21, 2009. -First Vice-President of the Government and Minister of the Presidency, Maria Teresa Fernandez de la Vega Sanz.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 2

Identification and traceability of explosives for civilian purposes

1. The purpose and scope of this Directive is to establish a harmonised system for the unique identification and traceability of explosives with civil uses, such as the development of Article 9 of the Treaty. Regulation of explosives, approved by Royal Decree 230/1998 of 16 February 1998, and in compliance with the provisions of Article 14 of 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 civilian purposes.

The system of identification and traceability of explosives for civilian purposes shall not apply to ammunition, or to explosives transported and delivered without packaging or to tanker trucks for direct discharge into the borehole. bulk transport is regulated in bulk. It shall also not apply to explosives manufactured at the site of the blast and which are loaded immediately after preparation (in situ production), when this practice is regulated.

2. Single identification, marking and fixing of the product. -All natural or legal persons in possession of a licence or authorisation for the manufacture, storage, transfer or import and placing on the market of explosives must mark the explosives and each of the smallest packaging units with a unique identification or identification key without prejudice to the provisions of Chapter I of Title IV of the Explosives Regulation.

The unique identification shall be marked or firmly fixed in the article in question in a durable and clearly legible manner.

The unique identification should allow for the tracking of the supply of explosives from factories to depots and from each other and to final consumers.

When an explosive is subjected to further manufacturing processes, manufacturers shall not be required to mark it with a new identification, unless the original identification has not been marked or firmly affixed to the device. a durable and clearly legible article.

Unique identification shall not be necessary for explosives manufactured for export and marked with an identification that complies with the requirements of the importing country and allows for the traceability of the explosive.

Unique identifications must be included in the corresponding Circulation Guides, as provided for in Supplementary Technical Instruction No 20 of the Explosives Regulation, which may be noted, if they are correlated, only the first and last.

The unique identification shall comprise the elements described in the Annex.

3. Rules for the control of possession of explosives.-The natural or legal persons responsible for the transfer or import of explosives in Spain must submit, from the time of entry of such products on national territory, to the rules applicable to the effect, for the holders of industrial and commercial deposits, as set out in the Article of the Explosives Regulation.

If an explosive is imported or transferred to Spain with a unique identification already fixed, the person responsible for its distribution must provide the Central Intervention of Arms and Explosives of the Civil Guard with the data relating to the product for testing and knowledge.

In accordance with Article 137 of the Explosives Regulation, when distributors repackage the products to be supplied, they must fix the unique identification in the explosive and the packaging unit. small.

A) Explosives manufactured in Spain: In the case of explosives manufactured in Spain, all natural or legal persons in possession of a license or authorization for such manufacture, storage and marketing of explosives, A proposal for the unique identification of their products, except for the second group of the alphanumeric identification code, shall be submitted to the Central Intervention of Arms and Explosives of the Civil Guard. 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.

The Central Intervention of Arms and Explosives shall notify the applicant of its decision in which it shall communicate its conformity with the proposed proposal and its subsequent authorisation or its reasoned refusal. The Central Intervention of Arms and Explosives shall also expressly authorise or deny any modification intended to be included in a unique identification already authorised.

B) Explosives manufactured outside the European Union: Any manufacturer established in a Member State of the European Union or in a signatory State of the European Economic Area intending to import the Kingdom of Spain for the purposes of the Community market for the first time, an explosive made on a manufacturing site located outside the Union or outside a State which has signed an ad hoc agreement, shall, prior to importation, request the Central Intervention of Arms and Explosives of the Civil Guard, the attribution of the second group of the code of Alphanumeric identification, which will always be the same for each manufacturing site.

Where the manufacturer is not established in a Member State of the European Union or in a signatory State of the European Economic Area, the request shall be submitted by the importer.

In both cases, the attribution of the second group of the alphanumeric identification code must occur prior to the import and will be a necessary condition for the import.

4. Unique identification according to the classification of explosives, packaging and outer packaging. -In both materials and explosive objects, companies may attach to the products the removable adhesive copies of the original label for use of their customers. These copies must be clearly marked as copies of the original in order to prevent improper use.

A) Explosive materials.

1. Carpetered explosives and explosives in bag or bag: the unique identification shall consist of an adhesive label or a direct printing on each cartridge, bag or bag. In each case of cartridges, a label will be placed related to those appearing in each unit. In addition, companies will be able to put on each cartridge, bag or bag a passive inert electronic tag and, similarly, a related electronic tag on each cartridge case.

2. Explosives in boats or drums: the unique identification shall consist of an adhesive label or a direct print on the canister or bidon. In addition, companies may place a passive inert electronic tag on each canister or bidon.

3. Two-component explosives: the unique identification shall consist of an adhesive label or a direct printing on each smaller unit of packaging containing the two components.

B) Explosive objects.

1. Mecha detonators and wicks: the unique identification shall consist of an adhesive label or a direct printing or stamping on the detonator's cap. In each case of detonators or wicks, a related label shall be placed with the label shown on each unit. In addition, companies may place on each detonator or fuse a passive inert electronic tag, and in each case of detonators or wicks a related electronic tag.

2. Electrical, non-electrical and electronic detonators: the unique identification shall consist either of an adhesive label on the cables or the tube, either on an adhesive label or on 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.

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.

4. Detonating cords and safety wicks: 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 the wick, or in the internal extruded plastic layer located immediately below the outer fibre of the cord or wick. A label related to the one that appears on each unit will be placed in each detonating cord box or wick. In addition, companies may insert a passive inert electronic tag into the cord, and in each cord box or wick a related tag.

5. Data collection, record keeping and company obligations.

Companies in the explosives sector should:

(a) Implementing a system for collecting data relating to explosives that includes the unique identification of explosives throughout the supply chain and its life cycle, so that it can at all times be able to identify to your holder.

(b) Carry a record, if possible on computer support, of all explosives identifications and all relevant information, in particular the type of each explosive, its location while in possession or under its possession. custody and until it is transferred to another company or is used, and the company or person whose custody has been delivered.

(c) Even if their marketing or activity has ceased, the companies in the explosives sector must retain and maintain at the disposal of the Central Intervention of Arms and Explosives of the Civil Guard the data collected, in particular the unique identifications, the origin and location of each explosive during its life cycle or along the entire supply chain, for a period of ten years, computed from its delivery or from the known final moment of the life cycle of the explosive.

d) Facilitate the Central Arms and Explosives Intervention of the Civil Guard with the name and contact details of a trained person to provide the information described in subparagraph (c) above outside normal time

e) Test your data collection system to ensure its effectiveness and the quality of the data recorded annually. They shall protect the data recorded so that they are not accidentally or deliberately damaged or destroyed. This work shall be verified by the relevant notified bodies in the framework of the audits required under Directive 93 /15/EEC.

ANNEX

Unique Identification

Unique identification must understand the following elements:

A) A human-readable part that contains:

a) The name of the manufacturer.

b) An alphanumeric identification code composed of:

i. First group: two letters identifying the Member State (place of production or import on the Community market, for example ES = Spain).

ii. Second group: three digits identifying the name of the manufacturing site.

iii. Third group: the unique product code and logistical information designed by the manufacturer.

B) An electronically readable identification in the form of barcode or matrix code directly related to the alphanumeric identification code.

Example:

Imagen: img/disp/2009/124/08481_001.png

C) With articles too small for their unique identification to contain all the groups described in paragraphs (A) and (b) of this Annex, the information referred to in (A) (b) i and (ii) shall be considered sufficient; and in paragraph B).

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 15

Packaging and Packaging Identification Labels

1. The purpose of this Supplementary Technical Instruction is to lay down the rules for labelling which will enable the identification of regulated materials to be placed on the national market.

2. Identification tags.

2.1. Format: The indications of the label shall be in black, within a rectangle designed in black, on the background of the colours specified in the following table, in reference to the classification laid down in Articles 12, 18 and 23 of the Regulation of explosives. For the definitions of the colors, the name that is set in the UNE 48103 Standard, which matches the NCS color card, is used.

Color Allocation Table for Labels

Classification

Description

Color

UNE

, 1.2, 1.3, 1.4, 2.1, 2.2, 2.3, 2.4, and 2.5

Explosive materials and explosive objects defined in the Article 12 of the Explosives Regulation.

White.

UNE S 0502-Y

1, 2, and 3

Cartuchery.

White.

UNE S 0502-Y

I to VIII

Fireworks.

pale blue.

UNE S 3020-B30G

2.2 Dimensions.

2.2.1 Packaging labels shall have the dimensions that allow their size and the data contained therein shall be perfectly legible, with the direct printing of the package being valid.

2.2.2 Packaging labels will have a dimension that allows the data contained in it to be perfectly readable, with minimum dimensions of 74 x 105 millimeters being advised.

2.3 Nature.

2.3.1 The labels will have the appropriate consistency and their characters will be indelible.

2.3.2 When labels are attached, elements to ensure their attachment or permanence shall be used in their attachment.

2.3.3 In the case of explosive materials and articles, the trade name of the product may be omitted from the labels or inscriptions.

2.3.4 The white-colored "windows" can be used, so that they can be printed in a readable form, text, or numbers.

2.4 Labels. -Annexes I, II and III present the label formats for packaging and packaging for explosives, fireworks and cardboard.

ANNEX I

Explosives

Label Format for Explosive Packaging

Imagen: img/disp/2009/124/08481_002.png

Label Format for Explosive Packaging

Imagen: img/disp/2009/124/08481_003.png

(1) The inclusion on the label shall not be required, provided that it is clearly visible elsewhere in the packaging or packaging.

ANNEX II

Fireworks

Label format for fireworks packaging

Imagen: img/disp/2009/124/08481_004.png

Label format for pyrotechnic artifice packaging

Imagen: img/disp/2009/124/08481_005.png

(1) For pyrotechnic artifices of Classes I, II and III, the standardized name of Supplementary Technical Instruction number 23 and class shall be added.

(2) Identification key: Trade name or NIF/CIF or registration number as manufacturer or importer, of the person responsible for marketing.

(3) In the field "EXPL" the net mass of detonating matter shall be shown, and in the field "PIROT" the net mass of pyrotechnic matter.

Several types of artifice may be grouped, provided that their joint packaging is permitted in the ADR, the packaging being excluded in common with other dangerous substances or with other non-hazardous goods (Article 142 of the Explosives Regulation).

For transport in packages of pyrotechnic articles intended for spectacles, a generic label shall be sufficient, where at least the manufacturer's data must be reflected, classes of pyrotechnic articles transported and place target.

ANNEX III

Cartheria

Label format for cardboard packaging

Imagen: img/disp/2009/124/08481_006.png

Label format for packing of cardboard

Imagen: img/disp/2009/124/08481_007.png

(2) Identification key: Trade name or NIF/CIF or registration number as manufacturer or importer, of the person responsible for marketing.