Regulations, 2009

L.N. 187 of 2009

EXPLOSIVES ORDINANCE

(CAP. 33)

Identification and Traceability of Explosives for Civil Uses

Regulations, 2009

IN exercise of the powers conferred by article 22 of the

Explosives Ordinance, the Minister for Justice and Home Affairs has

made the following regulations:-

(1) The title of these regulations is the Identification Citation and

commencement.

and Traceability of Explosives for Civil Uses Regulations, 2009.

(2) These regulations implement the requirements of Directive

2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive

93/15/EEC, a system for the identification and traceability of

explosives for civil uses.

(3) These regulations shall come into force on the 5 April

2012.

[Regulation 4(3)]

The unique identification shall comprise

1. A human readable part of the identification containing the following

(a)

the name of the manufacturer;

(b)

an alphanumerical code containing

(i) two letters identifying the Member State (place of

production or import onto the Community market, e.g. MT = Malta, AT

= Austria);

(ii) three digits identifying the name of the manufacturing site

(attributed by the Regulatory Affairs Directorate);

(iii) the unique product code and logistical information

designed by the manufacturer.

2. An electronic readable identification in barcode and/or matrix code

format that relates directly to the alphanumerical identification code.

3. For articles too small to affix the unique product code and logistical

information designed by the manufacturer, the information under paragraphs

1(b)(i), 1(b)(ii) and 2 shall be considered sufficient.

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(1) These regulations set up a harmonized system for Scope.

the unique identification and traceability of explosives for civil uses.

(2) These regulations shall not apply to the following

(a) explosives transported and delivered unpackaged or

in pump trucks for their direct unloading into the blast-hole;

(b) explosives manufactured at the blasting sites, and

that are loaded immediately after being produced (in situ

production);

(c)

ammunitions.

For the purposes of these regulations, the following Definitions.

definitions shall apply

"Market Surveillance Directorate" means the Market

Surveillance Directorate of the Malta Standards Authority as

described in the Establishment of Directorates of the Malta Standards S.L. 419.03

Authority Order;

"Regulatory Affairs Directorate" means the Regulatory Affairs

Directorate of the Malta Standards Authority as described in the

Establishment of Directorates of the Malta Standards Authority

Order.

4.(1) (a)

The Market Surveillance Directorate shall ensure

that undertakings in the explosives sector which manufacture or

import explosives or assemble detonators shall mark explosives

and each smallest packaging unit with a unique identification.

(b) Where an explosive is subject to further

manufacturing processes, manufacturers shall not be required to

mark the explosive with a new unique identification unless the

original unique identification is no longer marked in compliance

with regulation 5.

(2) The provisions of sub-regulation (1) shall not apply where

the explosive is manufactured for export and is marked with an

identification in accordance with the requirements of the importing

country, which allows traceability of the explosive.

(3) The unique identification shall comprise the components

described in the Schedule.

(4) Each manufacturing site shall be attributed a three-digit

code by the Regulatory Affairs Directorate.

(5) (a)

Where explosives are manufactured outside the

Community and are subsequently imported in Malta, the person

importing such explosives shall contact the Regulatory Affairs

Directorate in order for the manufacturing site to be attributed a

code. This shall also apply to cases where a manufacturer

established in the Community imports explosives in Malta from

a manufacturing site outside the Community.

(b) Where the manufacturing site is located outside the

Community and the manufacturer is not established in the

Community, the importer of the explosives concerned shall

contact the Regulatory Affairs Directorate in order for the

manufacturing site to be attributed a code.

(6) The Market Surveillance Directorate shall ensure that

distributors which repackage explosives ensure that the unique

identification is affixed to the explosive and the smallest packaging

unit.

The unique identification shall be marked on or firmly

affixed to the article concerned in a durable way and so as to ensure

that it is clearly legible.

For cartridged explosives and explosives in sacks, the Cartridged

unique identification shall consist of an adhesive label or direct explosives

explosives in

printing on each cartridge or sack. An associated label shall be placed sacks.

on each case of cartridges. In addition, undertakings may use a

passive inert electronic tag attached to each cartridge or sack and

similarly, an associated electronic tag for each case of cartridges.

For packaged two-component explosives, the unique Two-component

identification shall consist of an adhesive label or direct printing on explosives.

each smallest packaging unit containing the two components.

For plain detonators or fuses, the unique identification Plain detonators

shall consist of an adhesive label or direct printing or stamping on the and fuses.

detonator shell. An associated label shall be placed on each case of

detonators or fuses. In addition, undertakings may use a passive inert

electronic tag attached to each detonator or fuse, and an associated tag

for each case of detonators or fuses.

For electric, non-electric and electronic detonators, the Electric, non-

unique identification shall consist either of an adhesive label on the electric

electronic

wires or on the tube, or an adhesive label or direct printing or detonators.

stamping on the detonator shell. An associated label shall be placed

on each case of detonators. In addition, undertakings may use a

passive inert electronic tag attached to each detonator, and an

associated tag for each case of detonators.

For primers and boosters, the unique identification shall Primers and

consist of an adhesive label or direct printing on the primer or boosters.

booster. An associated label shall be placed on each case of primers or

boosters. In addition, undertakings may use a passive inert electronic

tag attached to each primer or booster, and an associated tag for each

case of primers or boosters.

For detonating cords and safety fuses, the unique Detonating

identification shall consist of an adhesive label or direct printing on cords

fuses.

the bobbin. The unique identification will be marked every five

meters on either the external envelope of the cord or fuse or the

plastic extruded inner layer immediately under the exterior fibre of

the cord or fuse. An associated label shall be placed on each case of

detonating cord or fuse. In addition, undertakings may use a passive

inert electronic tag inserted within the cord, and an associated tag for

each case of cord or fuse.

For cans and drums containing explosives, the unique Cans and drums

identification shall consist of an adhesive label or direct printing on containing

explosives.

the can or drum containing the explosives. In addition, undertakings

may use a passive inert electronic tag attached to each can and drum.

Undertakings may attach adhesive detachable copies of the

original label to the explosives for use by their clients. Those copies

shall be visibly marked as copies of the original to prevent misuse.

(1) The Market Surveillance Directorate shall ensure

that undertakings in the explosives sector put in place a system for

collecting data in relation to explosives including their unique

identification throughout the supply chain and life cycle.

(2) The data collection system shall allow the undertakings to

keep track of the explosives in such a way that those holding the

explosives can be identified at any time.

(3) The Market Surveillance Directorate shall ensure that data

collected, including the unique identifications, is kept and maintained

for a period of at least ten years after the placing on the market of the

explosive. This provision shall also apply after the end of the life

cycle of the explosive, even if undertakings have ceased trading.

The Market Surveillance Directorate shall ensure that the

undertakings in the explosives sector fulfil the following

requirements

(a)

keeping a record of all identifications of explosives,

together with all pertinent information including the type of

explosive, the company or person to the custody of whom it was

given;

(b) recording the location of each explosive while the

explosive is in their possession or custody until it is either

transferred to another undertaking or used;

(c)

at regular intervals testing their data collection

system in order to ensure its effectiveness and the quality of the

data recorded;

(d) keeping and maintaining the data collected

including the unique identifications for the period specified in

regulation 14(3)

Provided that the undertaking shall, in the case of

explosives manufactured or imported before 5 April 2012,

maintain records in accordance with existing national

provisions;

(e)

protecting the data collected against accidental or

malicious damage or destruction;

(f)

providing the Market Surveillance Directorate, upon

its request, with the information concerning the origin and

location of each explosive during its life cycle and throughout

the supply chain;

(g) providing the Market Surveillance Directorate with

the name and contact details of a person able to provide the

information described in paragraph (f) outside normal business

hours.