Directive 2008/43 - Up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses - Main contents
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Contents
official title
Commission 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| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2008/43 |
| CELEX number i | 32008L0043 |
| Document | 04-04-2008 |
|---|---|
| Publication in Official Journal | 05-04-2008; Special edition in Croatian: Chapter 13 Volume 058,OJ L 94, 5.4.2008 |
| Effect | 08-04-2008; Entry into force Date pub. + 3 See Art 16 |
| End of validity | 31-12-9999 |
| Transposition | 05-04-2009; At the latest See Art 15.1 |
5.4.2008 |
EN |
Official Journal of the European Union |
L 94/8 |
COMMISSION 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
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses (1), and in particular the second sentence of the second paragraph of Article 14 thereof,
Whereas:
(1) |
Directive 93/15/EEC lays down rules for ensuring the safe and secure circulation of explosives on the community market. |
(2) |
As provided for in that Directive, it is necessary to ensure that undertakings in the explosives sector possess a system for keeping track of explosives in order to be able to identify those holding the explosives at any time. |
(3) |
Unique identification of explosives is essential if accurate and complete records of explosives are to be kept at all stages of the supply chain. This should allow the identification and the traceability of an explosive from its production site and its first placing on the market until its final user and its use with a view to preventing misuse and theft and to assisting law enforcement authorities in the tracing of the origin of lost or stolen explosives. |
(4) |
The measures provided for in this Directive are in accordance with the opinion of the Management Committee established pursuant to Article 13(1) of Directive 93/15/EEC, |
HAS ADOPTED THIS DIRECTIVE:
CHAPTER 1
GENERAL PROVISIONS
Article 1
Subject matter
This Directive sets up a harmonised system for the unique identification and traceability of explosives for civil uses.
Article 2
Scope
This Directive 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. |
CHAPTER 2
PRODUCT IDENTIFICATION
Article 3
Unique identification
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1.Member States 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.
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 Article 4.
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2.Paragraph 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.
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3.The unique identification shall comprise the components described in the Annex.
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4.Each manufacturing site shall be attributed a three-digit code by the national authority of the Member States where it is established.
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5.Where the manufacturing site is located outside the Community, the manufacturer being established in the Community shall contact a national authority of the Member State of import in order for the manufacturing site to be attributed a code.
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 a national authority of the Member State of import in order for the manufacturing site to be attributed a...
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