HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 50/18
EN
Official Journal of the European Union
23.2.2012
DIRECTIVES
COMMISSION DIRECTIVE 2012/4/EU
of 22 February 2012
amending Directive 2008/43/EC 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 EUROPEAN COMMISSION,
different types of records. The obligations on data
collection and record keeping should therefore be
postponed by 3 years to 5 April 2015.
Having regard to the Treaty on the Functioning of the European
Union,
(3) Certain
articles
are
too
small
to
affix
the
code
of
the
manufacturing site and the electronically readable
information. On certain other articles, affixing a unique
Having regard to Council Directive 93/15/EEC of 5 April 1993
identification is technically impossible due to their shape
on the harmonisation of the provisions relating to the placing
or design. In those cases, the required identification
on the market and supervision of explosives for civil uses ( 1 ),
should be affixed on each smallest packaging unit.
and in particular the second sentence of the second paragraph
Future technical progress may make it possible to affix
of Article 14 thereof,
the code of the manufacturing site and the electronically
readable information on those articles. The Commission
should therefore carry out a review by the end of 2020
Whereas:
to assess whether the required information can be affixed
on the articles themselves.
(1)
Fuses, including safety fuses as well as cap-type primers,
(4) Directive
2008/43/EC
should
therefore
be
amended
are subject to Directive 93/15/EEC, but they are used for
accordingly.
pyrotechnic rather than for explosive purposes. The
potential effects of their misuse are likely to be similar
to the effects of misuse of pyrotechnic articles which
(5) The
measures
provided
for
in
this
Directive
are
in
present a low level of hazard and therefore those
accordance with the opinion of the Committee estab
effects are much less severe in comparison with the
lished by Article 13(1) of Directive 93/15/EC,
other types of explosives. For reasons of proportionality,
fuses, including safety fuses as well as cap-type primers,
should be exempted from the system for the identifi
HAS ADOPTED THIS DIRECTIVE:
cation and traceability of explosives for civil use.
Article 1
(2) The
development
of
the
computerised
systems
needed
to Directive 2008/43/EC is amended as follows:
implement the system for the identification and tracea
bility of explosives has taken longer than initially
expected. A postponement of the application of
(1) in Article 2, the following points (d), (e) and (f) are added:
Commission Directive 2008/43/EC ( 2 ) is necessary to
provide the explosives industry with extra time to fully
‘(d) fuses, which are cord-like non-detonating igniting
develop, test, validate and, thereby, to increase the
devices;
security of the electronic systems required to
implement Directive 2008/43/EC. In order to allow
this, the obligation on manufacturers and importers to
(e) safety fuses, which consist of a core of fine grained
mark explosives should be postponed by 1 year to
black powder surrounded by a flexible woven fabric
5 April 2013. Additional time is necessary to have the
with one or more protective outer coverings and
requisite electronic tracking systems implemented by all
which, when ignited, burn at a predetermined rate
actors along the supply chain. Furthermore, stocks of
without any external explosive effect;
explosives with longer shelf-lives which were produced
earlier and were not to be marked in accordance with
Directive 2008/43/EC will still be in the supply chain
(f) cap-type primers, which consist of a metal or plastic cap
and it is impractical to oblige companies to maintain
containing a small amount of primary explosive mixture
that is readily ignited by impact and which serve as
( 1 ) OJ L 121, 15.5.1993, p. 20.
igniting elements in small arms cartridges or in
( 2 ) OJ L 94, 5.4.2008, p. 8.
percussion primers for propelling charges.’;

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EN
23.2.2012 Official
Journal
of
the
European
Union L
50/19
(2) Article 7 is replaced by the following:
‘Article 15a
By 31 December 2020, the Commission shall carry out a
review to assess whether technical progress has made it
‘Article 7
possible to revoke the exemptions set out in point 3 of
Plain detonators
the Annex.’;
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
(6) in point 3 of the Annex, the following paragraphs are
case of detonators.
added:
In addition, undertakings may use a passive inert electronic
‘For articles too small to affix the information under point
tag attached to each detonator, and an associated tag for
1(b)(i) and (ii) and point 2 or where it is technically
each case of detonators.’;
impossible due to their shape or design to affix a unique
identification, a unique identification shall be affixed on
each smallest packaging unit.
(3) Articles 9 and 10 are replaced by the following:
Each smallest packaging unit shall be closed with a seal.
‘Article 9
Primers and boosters
Each plain detonator or booster falling under the exemption
For primers other than those referred to in Article 2 and for
set out in the second paragraph shall be marked in a
boosters the unique identification shall consist of an
durable way so as to ensure that it is clearly legible with
adhesive label or direct printing on such primers and
the information under point 1(b)(i) and (ii). The number of
boosters. An associated label shall be placed on each case
plain detonators and boosters contained shall be printed on
of such primers and boosters.
the smallest packaging unit.
In addition, undertakings may use a passive inert electronic
Each detonating cord falling under the exemption set out in
tag attached to each such primer and booster, and an
the second paragraph shall be marked with the unique
associated tag for each case of such primers and boosters.
identification on the reel or spool and, where applicable,
on the smallest packaging unit.’.
Article 10
Article 2
Detonating cords
1. Member
States
shall
adopt
and
publish,
by
4
April
2012
For detonating cords the unique identification shall consist
at the latest, the laws, regulations and administrative provisions
of an adhesive label or direct printing on the bobbin. The
necessary to comply with this Directive. They shall forthwith
unique identification will be marked every 5 meters on
communicate to the Commission the text of those provisions
either the external envelope of the cord or the plastic
and a correlation table between those provisions and this
extruded inner layer immediately under the exterior fibre
Directive.
of the cord. An associated label shall be placed on each
case of detonating cord.
They shall apply those provisions from 5 April 2013.
In addition, undertakings may use a passive inert electronic
tag inserted within the cord, and an associated tag for each
case of cord.’;
When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.
(4) the second subparagraph of Article 15(1) is replaced by the
following:
2. Member
States
shall
communicate
to
the
Commission
the
text of the main provisions of national law which they adopt in
‘They shall apply those provisions from 5 April 2013.
the field covered by this Directive.
However, they shall apply the provisions necessary to
comply with Article 3(6) and Articles 13 and 14 from
5 April 2015.’;
Article 3
This Directive shall enter into force on the 20th day following
(5) the following Article 15a is inserted:
its publication in the Official Journal of the European Union.

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L 50/20
EN
Official Journal of the European Union
23.2.2012
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 22 February 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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