Citation and commencement

1.-(1) These Regulations may be cited as the Identification and Traceability of Explosives Regulations 2013 and, except as provided in paragraph (2), come into force on 5th April 2013.

(2) Regulations 4(7) and 6, and regulation 8 to the extent that it relates to regulations 4(7) and 6, come into force on 5th April 2015.

Interpretation

2.-(1) In these Regulations -

"Class 1" means Class 1 in respect of explosives or the classification of dangerous goods as set out in the UN Recommendations;

"distributor" means a person in the supply chain, other than a manufacturer or an importer, who makes an explosive available on the market and "distributes" and "distribution" are to be construed accordingly;

"explosive" means an explosive article or substance which has been classified in accordance with the UN Recommendations as falling within Class 1;

"explosive article" means an article containing one or more explosive substances;

"explosive substance" means -

which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative, self-sustaining, exothermic chemical reactions;

"manufacture" includes -

"site", in relation to a site within Great Britain, means the whole area under the control of the same person and, for these purposes -

"UN Recommendations" means the United Nations Recommendations on the Transport of Dangerous Goods (based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Committee of Experts at its twenty-third session (Resolution 645G (XXIII) of 26th April 1957))(2) as revised or reissued from time to time.

(2) In these Regulations, any reference to acquiring an explosive means acquiring possession of, or property in, such explosive.

(3) Where an explosive is transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time), the explosive is not to be treated as being kept or acquired by a person who has possession of it only by reason of being -

(a)a carrier;

(b)a person engaged in the work of loading or unloading; or

(c)the occupier of a place it passes through while on the journey.

Application and extension outside Great Britain

3.-(1) These Regulations apply to every explosive except the following -

(a)ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1997(3);

(b)an explosive which it is shown is intended for lawful use by the armed forces or the police of any country;

(c)a pyrotechnic article;

(d)an explosive which is transported and delivered without packaging or in a mobile explosives manufacturing unit for its direct unloading into the blast-hole;

(e)an explosive which is used immediately at the place of manufacture;

(f)fuses, which are cord-like non-detonating igniting devices;

(g)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; and

(h)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.

(2) These Regulations apply outside Great Britain to and in relation to the acquisition or keeping of an explosive on premises to which, or in relation to which, the specified provisions apply by virtue of the 2001 Order, as these Regulations apply to and in relation to the acquisition or keeping of an explosive in Great Britain.

(3) In this regulation -

(a)"the 2001 Order" means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001(4);

(b)"mobile explosives manufacturing unit" means a moveable unit, whether mounted on a vehicle or not, for manufacturing and charging explosives from dangerous goods that are not explosives, with the unit consisting of various tanks, bulk containers and related equipment;

(c)"pyrotechnic article" means any article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions; and

(d)"specified provisions" means sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974.

Unique identification

4.-(1) Subject to paragraphs (3) and (4), any person who manufactures an explosive must, as soon as is practicable after that manufacture and before the explosive may be moved away from the site where it is manufactured -

(a)mark each explosive item in respect of the explosive with a unique identification in accordance with Schedule 2;

(b)where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and

(c)where a passive inert electronic tag or associated tag is to be applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.

(2) The unique identification must -

(a)comprise the components described in Schedule 1; and

(b)be marked on or firmly affixed to the explosive item concerned in a way which ensures that it is durable and clearly legible.

(3) Paragraph (1) does not apply where the explosive is manufactured for export and is marked with an identification in accordance with the requirements of the importing country for allowing traceability of the explosive.

(4) Where an explosive is subject to a further manufacturing process after its original manufacture, the manufacturer must mark each explosive item in respect of the explosive subjected to that further process, with a new unique identification only if the original unique identification is no longer marked in the way that paragraph (2)(b) requires and any new marking so required must be done as soon as is practicable after that further process and before the explosive may be moved away from the site where it is manufactured.

(5) Subject to paragraph (6), a person who imports an explosive into Great Britain must, as soon as is practicable after import and before acquisition of the explosive by another person -

(a)mark each explosive item in respect of the explosive with a unique identification in accordance with Schedule 2;

(b)where an associated label in respect of that marking is required by that Schedule, attach the label in accordance with those requirements; and

(c)where a passive inert electronic tag or associated tag is to be applied in respect of that marking, place that tag in accordance with the applicable provisions of that Schedule.

(6) Paragraph (5) does not apply where the explosive items are marked with a unique identification before importation.

(7) Where a distributor repackages an explosive, the distributor must ensure that-

(a)the explosive items in respect of the explosive have the unique identification marked on or affixed to them in accordance with Schedule 2;

(b)where an associated label in respect of that marking is required by that Schedule, the label is attached in accordance with those requirements; and

(c)where a passive inert electronic tag or associated tag is applied in respect of that marking, that tag is placed in accordance with the applicable provisions of that Schedule.

(8) In this regulation, "explosive item" means an explosive article, a container containing an explosive substance or each smallest packaging unit containing explosive.

Attribution of manufacturing site codes

5.-(1) This regulation applies for the purposes of the attribution of a three digit code (referred to in this regulation as the "code") to a site where explosives are manufactured, which is unique to that site and is a component of the unique identification described in Schedule 1.

(2) For each site within Great Britain at which explosives are manufactured -

(a)the manufacturer must apply to the Executive for it to attribute a code for the site; and

(b)the Executive must attribute the code and inform the manufacturer accordingly.

(3) For the purposes of the attribution of a code to a site where explosives are manufactured in a country that is not an EEA State(5) -

(a)paragraph (4) applies where the manufacturer is established in an EEA State and the place of import of the explosive is Great Britain;

(b)paragraph (5) applies where the manufacturer is not established in an EEA State and the place of import of the explosive is Great Britain; and

(c)paragraph (6) applies where the manufacturer is established in Great Britain and the place of import of the explosive is either Northern Ireland or an EEA State other than the United Kingdom.

(4) Where this paragraph applies -

(a)in the case where the manufacturer is established in Great Britain -

(i)the manufacturer must apply to the Executive for it to attribute a code for the site where the explosives are manufactured; and

(ii)the Executive must attribute the code and inform the manufacturer accordingly; and

(b)in the case where the manufacturer is established in Northern Ireland or an EEA State other than the United Kingdom -

(i)the Executive must attribute a code for the site where the explosives are manufactured when it receives a request from the manufacturer to do so; and

(ii)the Executive must inform the manufacturer accordingly.

(5) Where this paragraph applies -

(a)the importer must apply to the Executive for it to attribute a code for the site where the explosives are manufactured; and

(b)the Executive must attribute the code and inform the importer accordingly.

(6) Where this paragraph applies, the manufacturer must apply to -

(a)the Secretary of State for Northern Ireland, where the place of import of the explosive is Northern Ireland; or

(b)the national authority of the EEA State of import of the explosive,

for that Secretary of State or that national authority, as the case may be, to attribute a code for the site where the explosives are manufactured.

Records

6.-(1) Subject to paragraph (2), a person (referred to in this regulation as "person A") who manufactures, imports, distributes, acquires or keeps any explosive must, in respect of any explosive manufactured in, or imported into, Great Britain on or after 5th April 2015, keep a record in respect of that explosive containing the information referred to in paragraph (3).

(2) The duty imposed by paragraph (1) does not apply to -

(a)an employee of person A acting in the course of person A's business, where the manufacture, importation, distribution, acquisition or keeping of explosives concerned is that business or a part of it; or

(b)individuals who acquire any explosive, otherwise than in connection with their work, solely for their own personal use.

(3) The information referred to in paragraph (1) is -

(a)the means of identifying and describing the explosive, including -

(i)its type; and

(ii)the unique identification in relation to the explosive;

(b)the location of the explosive while it is in the possession of person A;

(c)the name and address of any person to whom the explosive is transferred; and

(d)whether, while in the possession of person A, the explosive has been -

(i)subjected to a further manufacturing process after its original manufacture;

(ii)used;

(iii)transferred to another person; or

(iv)destroyed,

and the date of any such further manufacturing process, use, transfer or destruction.

(4) The record of that information must be kept up to date as necessary by person A.

(5) The system applied by person A for collecting the information must be tested by person A at regular intervals to ensure its effectiveness and the quality of the information recorded.

(6) Person A must keep the record for a period of ten years from the date when the explosive concerned was used, transferred to another person or destroyed.

(7) Person A must protect the record against accidental or malicious damage or destruction.

(8) Person A must provide the enforcing authority with -

(a)information as to the origin and location of each explosive to which the record relates, where the enforcing authority requests it; and

(b)the name of an employee or other person who would be able to provide the enforcing authority with that information at any time and the details necessary for that authority to be able to contact that individual.

(9) Where a business of person A which manufactures, imports, distributes, acquires or keeps explosives is to cease to trade, person A must notify the enforcing authority of that fact and provide any record still required to be kept pursuant to paragraph (6) to that authority, who must keep that record for the remainder of the period referred to in that paragraph.

Review

7.-(1) The Secretary of State must from time to time -

(a)carry out a review of these Regulations,

(b)set out the conclusions of the review in a report, and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how other member States have implemented Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EC(6), a system for the identification and traceability of explosives for civil uses(7) as amended by Commission Directive 2012/4/EU(8), which these Regulations implement.

(3) The report must in particular-

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations,

(b)assess the extent to which those objectives are achieved, and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of four years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Enforcement

8.-(1) The Executive is the enforcing authority for -

(a)regulation 5, to the extent that it imposes requirements on manufacturers of explosives who are established within Great Britain and importers of explosives into Great Britain; and

(b)subject to paragraph (2), the remainder of these Regulations as they apply within Great Britain and as they apply to any area outside Great Britain.

(2) The enforcing authority for regulations 4 and 6 at a site -

(a)in relation to which a person holds a licence granted under regulation 13 of the 2005 Regulations by the chief officer of police for the area in which the site is situated; or

(b)in relation to which a person is registered under regulation 11 of the 2005 Regulations by the chief officer of police for the area in which the site is situated,

is that chief officer of police.

(3) For the purposes of this regulation -

"the 2005 Regulations" means the Manufacture and Storage of Explosives Regulations 2005(9);

"chief officer of police" -

Revocation

9. The following Regulations are revoked -

(a)the Identification and Traceability of Explosives Regulations 2010(12); and

(b)the Identification and Traceability of Explosives (Amendment) Regulations 2012(13).

Regulation 4(2)(a)

SCHEDULE 1Unique identification for explosives

1. Subject to paragraph 2, the unique identification must comprise -

(a)a part which can be read by a human being containing the following -

(i)the name of the manufacturer;

(ii)an alphanumeric code containing -

(aa)two letters identifying the EEA State (place of production or import onto the market of the EEA States);

(bb)three digits identifying the site of manufacture; and

(cc)the unique product code and logistical information designed by the manufacturer; and

(b)a part which can be read electronically in barcode or matrix code format, or both, which relates directly to the alphanumeric identification code.

2. For articles too small to affix the unique product code and logistical information designed by the manufacturer, the information under sub-paragraphs (a)(ii)(aa) and (ii)(bb) and (b) of paragraph 1 is sufficient for the purposes of the unique identification.

Regulation 4(1), (5) and (7)

SCHEDULE 2Methods of marking or affixing the unique identification to explosives

Cartridged explosives and explosives in sacks

1. For a cartridged explosive and any explosive in sacks -

(a)subject to paragraph 9(1), the unique identification must be on an adhesive label attached to, or be directly printed on, each cartridge or sack;

(b)an associated label must be placed on each case of cartridges; and

(c)in addition, a passive inert electronic tag may be attached to each cartridge or sack and an associated electronic tag attached to each case of cartridges.

Packaged two-component explosives

2. Subject to paragraph 9(1), for a packaged two-component explosive, the unique identification must be on an adhesive label attached to, or be directly printed on, each smallest packaging unit containing the two components.

Plain detonators

3. For plain detonators -

(a)subject to paragraph 9(1) and (2), the unique identification must be on an adhesive label attached to, or be directly printed or stamped on, the detonator shell;

(b)an associated label must be placed on each case of detonators; and

(c)in addition, a passive inert electronic tag may be attached to each detonator and an associated tag attached to each case of detonators.

Electric, non-electric and electronic detonators

4. For electric, non-electric and electronic detonators -

(a)subject to paragraph 9(1), the unique identification must -

(i)be on an adhesive label attached to the wires or tube; or

(ii)be on an adhesive label attached to, or be directly printed or stamped on, the detonator shell;

(b)an associated label must be placed on each case of detonators; and

(c)in addition, a passive inert electronic tag may be attached to each detonator and an associated tag attached to each case of detonators.

Primers and boosters

5. For primers and boosters -

(a)subject, in the case of boosters, to paragraph 9(1) and (2), the unique identification must be on an adhesive label attached to, or be directly printed on, the primer or booster;

(b)an associated label must be placed on each case of primers or boosters; and

(c)in addition, a passive inert electronic tag may be attached to each primer or booster and an associated tag attached to each case of primers or boosters.

Detonating cords

6. For detonating cords -

(a)the unique identification must be on an adhesive label attached to, or be directly printed on, the bobbin;

(b)subject to paragraph 9(1) and (3), the unique identification must be marked every five meters on either the external envelope of the cord or the plastic extruded inner layer immediately under the exterior fibre of the cord;

(c)an associated label must be placed on each case of detonating cord; and

(d)in addition, a passive inert electronic tag may be inserted within the cord and an associated tag attached to each case of cord.

Cans, boxes and drums containing explosives

7. For cans, boxes and drums containing any explosive -

(a)subject to paragraph 9(1), the unique identification must be on an adhesive label attached to, or be directly printed on, the can, box or drum containing the explosive; and

(b)in addition, a passive inert electronic tag may be attached to each can, box and drum.

General

8. Where adhesive detachable copies of the labels referred to in paragraphs 1 to 7 are attached to the explosive article, container or each smallest packaging unit concerned for use by other persons, those copies must be clearly marked as copies of the original.

Small explosive articles

9.-(1) For articles smaller than those to which paragraph 2 of Schedule 1 applies, which are too small to affix the information under sub-paragraphs (a)(ii)(aa) and (ii)(bb) and (b) of paragraph 1 of Schedule 1 or where it is technically impossible due to their shape or design to affix a unique identification -

(a)the unique identification specified in paragraph 1 of that Schedule must be affixed on each smallest packaging unit; and

(b)that packaging unit must be closed with a seal.

(2) In the case of each plain detonator or booster to which sub-paragraph (1) applies -

(a)the requirements of, respectively, paragraphs 3(a) and 5(a) do not apply;

(b)the information under sub-paragraph (a)(ii)(aa) and (bb) of paragraph 1 of Schedule 1 must be marked, in a durable and clearly legible way, on, as the case may be, the plain detonator or booster; and

(c)the number of plain detonators or boosters contained in each smallest packaging unit must be printed on that unit.

(3) In the case of each detonating cord to which sub-paragraph (1) applies -

(a)the requirements of paragraph 6(b) do not apply; and

(b)the unique identification referred to in paragraph 1 of Schedule 1 must be marked on the reel or spool and on any smallest packaging unit.

(4) For the purposes of this paragraph, the smallest packaging unit means the smallest packaging unit on which it is possible to affix the unique identification specified in paragraph 1 of Schedule 1.

EXPLANATORY NOTE

(This note is not part of the Regulations)

1. These Regulations implement, as regards Great Britain, Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EC(14), a system for the identification and traceability of explosives for civil uses(15) ("the 2008 Directive"), as amended by Commission Directive 2012/4/EU(16) ("the 2012 Directive").

2. These Regulations revoke and replace the Identification and Traceability of Explosives Regulations 2010(17) ("the 2010 Regulations"). They consolidate an amendment to the commencement date for the 2010 Regulations made by S.I. 2012/638 and make changes to the 2010 Regulations arising as a result of the amendments to the 2008 Directive. They also no longer include requirements which were in the 2010 Regulations relating to the duty on importers to ensure the safekeeping of explosives while they are awaiting marking and that on manufacturers, importers, distributors, acquirers and keepers to keep a record of the name of any employee to whom explosives are transferred.

3. These Regulations impose requirements with respect to the marking of explosives with a unique identification which will come into force on 5th April 2013. The requirements with respect to record keeping in regulation 6 are to come into force on 5th April 2015.

4. Certain explosives, such as ammunition and explosives intended for the lawful use by the armed forces or the police, are excluded from the scope of the Regulations. As a result of the amendments to the 2008 Directive, the explosives known as fuses, safety fuses and cap-type primers are now also excluded from scope (regulation 3(1)).

5. The Regulations apply outside Great Britain to the acquisition or keeping of explosives on premises to which specified provisions of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127) in the same way that the Regulations apply to the acquisition or keeping of explosives in Great Britain (regulation 3(2)).

6. Regulation 4 imposes requirements on manufacturers, importers and distributors of explosives as to the marking of the explosives with a unique identification. The matters which go to form the unique identification are set out in Schedule 1. These include the name of the manufacturer, a three digit code for the site of manufacture, a unique product code and a part which can be read electronically in barcode or matrix code format. The methods of marking or affixing the unique identification to explosives are set out in Schedule 2. Schedule 2 includes provisions on marking the unique identification in relation to very small explosive articles following amendments to the 2008 Directive by the 2012 Directive.

7. Manufacturers of explosives are to apply to the Health and Safety Executive ("the Executive") for the attribution of a three digit code for their manufacturing site. Importers of explosives which are manufactured in a country which is not an EEA State are to apply to the Executive for a three digit code for the site of manufacture (regulation 5).

8. Regulation 6 imposes record keeping requirements on persons who manufacture, import, distribute, acquire or keep any explosive, with exceptions for employees and individuals acquiring explosives for personal use. The information to be kept includes the unique identification for the explosive and its location while in the possession of the person keeping the record.

9. Regulation 7 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within four years after these Regulations come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether these Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

10. Regulation 8 makes provision as to the enforcement of the Regulations. The enforcement of the Regulations is mainly given to the Executive, but the chief officer of police is to enforce regulations 4 and 6 at a site in relation to which the chief officer of police has granted a licence to store explosives or has registered a person in relation to the storage of explosives.

11. A full impact assessment of the effect that the 2010 Regulations would have on the costs of business and the voluntary sector was made for the purposes of those Regulations and was updated for the purposes of the Identification and Traceability of Explosives (Amendment) Regulations 2012 which amended the 2010 Regulations. A further updating impact assessment of the effect that this instrument (the Identification and Traceability of Explosives Regulations 2013) will have on those costs is available (as are the earlier impact assessments) from the Health and Safety Executive, Redgrave Court, Merton Road, Merseyside, L20 7HS and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. A copy of the Transposition Note in relation to the implementation of the 2008 Directive as amended by the 2012 Directive can be obtained from the Health and Safety Executive, International Branch, at the same address. Copies of these documents are available in the libraries of both Houses of Parliament.