IDENTIFICATION AND TRACEABILITY OF EXPLOSIVES FOR CIVIL USES REGULATIONS

IDENTIFICATION AND TRACEABILITY

OF EXPLOSIVES FOR CIVIL USES

SUBSIDIARY LEGISLATION 33.06

IDENTIFICATION AND TRACEABILITY OF

EXPLOSIVES FOR CIVIL USES REGULATIONS

5th April, 2012 *

LEGAL NOTICE 187 of 2009, as amended by Legal Notice 150 of 2012.

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

Traceability of Explosives for Civil Uses Regulations.

(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.

Amended by

L.N. 150 of 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.

Example

3. (a) For articles too small to affix the information under paragraph 1(b)(i)

and (ii) and paragraph 2 or where it is technically impossible due to

their shape or design to affix a unique identification, a unique

identification shall be affixed on each smallest packaging unit.

(b) Each smallest packaging unit shall be closed with a seal.

(c) Each plain detonator or booster falling under the exemption set out in

the second paragraph shall be marked in a durable way so as to ensure

that it is clearly legible with the information under paragraph 1(b)(i)

and (ii). The number of plain detonators and boosters contained shall be

printed on the smallest packaging unit.

(d) Each detonating cord falling under the exemption set out in the second

paragraph shall be marked with the unique identification on the reel or

spool and, where applicable, on the smallest packaging unit.

(1) These regulations set up a harmonized system for 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;

(d) fuses, which are cord-like non-detonating igniting

devices;

(e) safety fuses, which consist of a core of fine grained

black powder surrounded by a flexible woven fabric

with one or more protective outer coverings and

which, when ignited, burn at a predetermined rate

without any external explosive effect;

(f)

cap-type primers, which consist of a metal or plastic cap

containing a small amount of primary explosive mixture

that is readily ignited by impact and which serve as

igniting elements in small arms cartridges or in

percussion primers for propelling charges.

For the purposes of these regulations, the following

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

*see regulation 1(3) of these Regulations, as originally promulgated, and Legal Notice

IDENTIFICATION AND TRACEABILITY

OF EXPLOSIVES FOR CIVIL USES

Standards 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

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

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

unique identification shall consist of an adhesive label or direct

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

placed on each case of cartridges. In addition, undertakings may

use a passive inert electronic tag attached to each cartridge or sack

IDENTIFICATION AND TRACEABILITY

OF EXPLOSIVES FOR CIVIL USES

and similarly, an associated electronic tag for each case of

cartridges.

For packaged two-component explosives, the unique

identification shall consist of an adhesive label or direct printing on

each smallest packaging unit containing the two components.

For plain detonators the unique identification shall consist of

an adhesive label or direct printing or 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 electric, non-electric and electronic detonators, the

unique identification shall consist either of an adhesive label on the

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

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 other than those referred to in regulation 2 and for

boosters the unique identification shall consist of an adhesive label or

direct printing on such primers and boosters. An associated label shall

be placed on each case of such primers and boosters. In addition,

undertakings may use a passive inert electronic tag attached to each

such primer and booster, and an associated tag for each case of such

primers and boosters.

For detonating cords the unique identification shall consist of

an adhesive label or direct printing on the bobbin. The unique

identification will be marked every 5 meters on either the external

envelope of the cord or the plastic extruded inner layer immediately

under the exterior fibre of the cord. An associated label shall be placed

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

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

tag for each case of cord.

For cans and drums containing explosives, the unique

identification shall consist of an adhesive label or direct printing on

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

IDENTIFICATION AND TRACEABILITY

OF EXPLOSIVES FOR CIVIL USES

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.

IDENTIFICATION AND TRACEABILITY

OF EXPLOSIVES FOR CIVIL USES