11

22

Federation of European Explosives Federation of European Explosives ManufacturersManufacturers

Meeting Meeting of the of the

Transport Working Group Transport Working Group onon

12 March 201312 March 2013in Brussels, Hotel Manosin Brussels, Hotel Manos

33

List of ParticipantsList of Participants1.1. Bengt Folkesson (Chairman), EPC Groupe, SwedenBengt Folkesson (Chairman), EPC Groupe, Sweden2.2. Javier López Amigo, Maxam, SpainJavier López Amigo, Maxam, Spain3.3. Henrik Andreasen, Orica, GermanyHenrik Andreasen, Orica, Germany 4.4. Marlies Becker, Orica Europe, GermanyMarlies Becker, Orica Europe, Germany5.5. Maurice Delaloye, SSE, SwitzerlandMaurice Delaloye, SSE, Switzerland6.6. Francois-Xavier Dugres, Davey Bickford, FranceFrancois-Xavier Dugres, Davey Bickford, France7.7. Janusz Dryzga Janusz Dryzga , Nitroerg, Poland, Nitroerg, Poland8.8. Ivana Jakubkova, Austin Detonators, CZIvana Jakubkova, Austin Detonators, CZ9.9. Jon Jones, Austin International, UKJon Jones, Austin International, UK10.10. Jitka Jungwithova, Austin Detonators, CZ Jitka Jungwithova, Austin Detonators, CZ 11.11. Martin Klein, DynaEnergetics, GermanyMartin Klein, DynaEnergetics, Germany12.12. Jean-Paul Reynaud, Titanobel, FranceJean-Paul Reynaud, Titanobel, France

13. As guest for XML-file topics: Frank Ille, Dresden 13. As guest for XML-file topics: Frank Ille, Dresden Informatik, GermanyInformatik, Germany

14. In attendance: Hans H. Meyer, FEEM, Belgium14. In attendance: Hans H. Meyer, FEEM, Belgium

Meeting of the Transport Working Group

44

2.) Compliance with European Competition 2.) Compliance with European Competition LawLaw

As an Association, FEEM operates in strict compliance with As an Association, FEEM operates in strict compliance with

European competition laws. Respect for these laws is a core value European competition laws. Respect for these laws is a core value

applying to all FEEM activities. All members of this Committee applying to all FEEM activities. All members of this Committee

have been informed by the Secretary General about prohibited have been informed by the Secretary General about prohibited

discussion topics which apply not only during meetings but also to discussion topics which apply not only during meetings but also to

social gatherings before and after meetings. By signing the social gatherings before and after meetings. By signing the

participation form, the delegates declare their adherence to the participation form, the delegates declare their adherence to the

Competition Compliance Programme and agree to comply with Competition Compliance Programme and agree to comply with

Competition Law.Competition Law.

55

Compliance with European Competition LawCompliance with European Competition Law(cont.)(cont.)

Very clearly: You are not allowed to discuss or Very clearly: You are not allowed to discuss or exchange information exchange information

which is not in conformity with competition which is not in conformity with competition legislation, including legislation, including

e.g. on:e.g. on:

1.1. PricesPrices

2.2. Production detailsProduction details

3.3. Transportation ratesTransportation rates

4.4. Market proceduresMarket procedures

66

(Draft) Agenda for 12th March 2013(Draft) Agenda for 12th March 20131.1. Opening remarks by the chairmanOpening remarks by the chairman Bengt Bengt

FolkessonFolkesson

2.2. Compliance with the European and Compliance with the European and National Competition Laws and RegulationsNational Competition Laws and Regulations

Hans MeyerHans Meyer

3. Agenda and Approval 3. Agenda and Approval Bengt Bengt FolkessonFolkesson

4.4. Minutes of the last meeting on 25 Sept. 2013 Minutes of the last meeting on 25 Sept. 2013 Bengt FolkessonBengt Folkessonin Prague and approvalin Prague and approval

5. FEEM Guidance Note & XML fields & ISO Code5. FEEM Guidance Note & XML fields & ISO Code ALLALL

Coffee Break at 10h30Coffee Break at 10h30

6. Secretary General’s Report 6. Secretary General’s Report Hans Hans MeyerMeyer

77

(Draft) Agenda for 27th February 2013 (cont.)(Draft) Agenda for 27th February 2013 (cont.)6. Secretary General’s Report (cont.)6. Secretary General’s Report (cont.)

a)a)CE marking of on-site mixed explosivesCE marking of on-site mixed explosivesb)b)Dual Use ConflictDual Use Conflictc)c)What is the status of shock tubes What is the status of shock tubes

under the Directive?under the Directive?d)d)What is the procedure for attributing What is the procedure for attributing

manufacturing site codes to non-EU manufacturing site codes to non-EU manufacturing sites?manufacturing sites?

e)e)How should the term “end-user” be How should the term “end-user” be understood?understood?

f)f) What should be on an “associated What should be on an “associated label”?label”?

g)g)Labelling of SPUsLabelling of SPUsh)h)Manufacturer’s Name on Unique Manufacturer’s Name on Unique

IdentificationIdentificationi)i) Marking of an explosive article Marking of an explosive article

incorporating other explosive articlesincorporating other explosive articlesj)j) Increase of transport volumes for UN Increase of transport volumes for UN

331 (ANFO) above 16 tons331 (ANFO) above 16 tons

88

(Draft) Agenda for 27th February 2013 (cont.)(Draft) Agenda for 27th February 2013 (cont.)

7.7.Subjects for discussion at the next meetingSubjects for discussion at the next meeting

8.8.Any other businessAny other businessa)a)Transport SecurityTransport Security Marlies Marlies

BeckerBeckerb)b)Transportation documents Transportation documents and procedureand proceduress in CZ in CZ Jitka Jitka

JungwithovaJungwithova

9.9.Date, place and time of next meetingDate, place and time of next meeting

99

Item 4

Approval of the Approval of the Minutes of the Meeting in Minutes of the Meeting in Prague on 25 September 2012.Prague on 25 September 2012.

Meeting of the Transport Working Group

1010

Approval of the Approval of the MinutesMinutes

Do I find your agreement to these Minutes?

1111

FEEM Guidance NoteFEEM Guidance Note

The modified Guidance note has been distributed to the members of the technical working group in February 2013. It is also in your hand-outs.

1212

Orica’s reaction (Orica’s reaction (Henrik Andreasen)Henrik Andreasen)::

John Gibson has returned to Australia so I have taken over John Gibson has returned to Australia so I have taken over the responsibility as Orica contact to FEEM for the Track & the responsibility as Orica contact to FEEM for the Track & Trace area. John and Salil have updated me on the status of Trace area. John and Salil have updated me on the status of the activities and in particular on the status of the GTIN the activities and in particular on the status of the GTIN and NATO structure discussion. We have received the and NATO structure discussion. We have received the feedback from the FEEM members about the Pros and Cons feedback from the FEEM members about the Pros and Cons / SWOT with regard to the proposed Bar Code Structure for / SWOT with regard to the proposed Bar Code Structure for item level. Based on the feedback I think we can conclude item level. Based on the feedback I think we can conclude that we have mixed opinions on whether it makes sense to that we have mixed opinions on whether it makes sense to implement the proposed changes to the present FEEM implement the proposed changes to the present FEEM structure. structure.

My opinion is that we probably have to stay with the "core" My opinion is that we probably have to stay with the "core" FEEM structure in place today but try to see whether FEEM structure in place today but try to see whether companies like Orica could move forward by making companies like Orica could move forward by making improvements to the standard that will not impact the improvements to the standard that will not impact the solutions some companies may have in place today. In order solutions some companies may have in place today. In order to do so we have studied the FEEM guidance note you to do so we have studied the FEEM guidance note you forwarded very carefully and below we have stated the forwarded very carefully and below we have stated the changes Orica would propose to the document in order to changes Orica would propose to the document in order to accommodate the ability to use GTIN. accommodate the ability to use GTIN.

1313

Orica proposes the following changes to the FEEM guidance Orica proposes the following changes to the FEEM guidance note: note: 1. One optional field in the XML document structure will be 1. One optional field in the XML document structure will be reserved for GTIN ....This is already addressed in the XML reserved for GTIN ....This is already addressed in the XML format that you have forwarded format that you have forwarded 2. One optional field in the Bar Code Structure will be 2. One optional field in the Bar Code Structure will be reserved for GTIN. his must be included in the FEEM reserved for GTIN. his must be included in the FEEM guidance document. guidance document.

The inclusion of GTIN will be an The inclusion of GTIN will be an optionaloptional field in the FEEM field in the FEEM standard and therefore not cause additional cost or effort standard and therefore not cause additional cost or effort for any FEEM member not desirous of using it. We will for any FEEM member not desirous of using it. We will update the draft FEEM guidance note with the Orica update the draft FEEM guidance note with the Orica changes and forward it to you within the next days. Can you changes and forward it to you within the next days. Can you circulate the document and get the feedback from the other circulate the document and get the feedback from the other FEEM member to this proposal? FEEM member to this proposal?

If you have any questions feel free to contact me anytime.If you have any questions feel free to contact me anytime.

Orica’s reaction (Orica’s reaction (Henrik Andreasen)Henrik Andreasen)::(cont.)(cont.)

1414

Ivana‘s responseIvana‘s response

Dear all,Dear all,It seems we are very close to the solution which will be widely It seems we are very close to the solution which will be widely accepted. I guess it would not be big issue to add optional fields accepted. I guess it would not be big issue to add optional fields reserved for GTIN to the XML and to the barcode structure.reserved for GTIN to the XML and to the barcode structure.But let me ask the question: If we do so, would Orica follow But let me ask the question: If we do so, would Orica follow Guidance Note according other changes proposed in updated Guidance Note according other changes proposed in updated Guidance Note? Specifically I mean AI(20) as a “Package Level”. I Guidance Note? Specifically I mean AI(20) as a “Package Level”. I know Orica’s current solution is different. Mr. Andreasen do Orica know Orica’s current solution is different. Mr. Andreasen do Orica plan to add or switch current system of packing level placed in AI(95) plan to add or switch current system of packing level placed in AI(95) to the usage according proposed Guidance Note update AI(20)?to the usage according proposed Guidance Note update AI(20)?I know it is only optional field but we always understood the I know it is only optional field but we always understood the Guidance Note as recommendation saying: “If you are going to use Guidance Note as recommendation saying: “If you are going to use Package Level in your Datamatrix, follow the Guidance Note and use Package Level in your Datamatrix, follow the Guidance Note and use recommended AI in recommended structure”. It is very important recommended AI in recommended structure”. It is very important from point of view of the customers and I believe that all our effort from point of view of the customers and I believe that all our effort put in the standardization will worth only when we succeed to put in the standardization will worth only when we succeed to find solution which can be widely used.find solution which can be widely used.

1515

Henrik Andreasen‘s answer:Henrik Andreasen‘s answer:

Dear Ms. Jakubkova, Dear Ms. Jakubkova,

as much as you do we want to agree and succeed to find as much as you do we want to agree and succeed to find solution which can be widely used. We had an internal solution which can be widely used. We had an internal discussion about the consequences of adding or switching discussion about the consequences of adding or switching towards the AI20 as you proposed. towards the AI20 as you proposed.

Orica is of course committed to continue the discussion Orica is of course committed to continue the discussion to find solutions that works to the benefit of everybody to find solutions that works to the benefit of everybody within FEEM but this request would mean significant within FEEM but this request would mean significant additional development cost plus a significant operational additional development cost plus a significant operational overhead. Therefore Orica cannot commit to fulfill the overhead. Therefore Orica cannot commit to fulfill the AI20 proposal in general. We continue to be open for AI20 proposal in general. We continue to be open for further discussion to enable Supply Chain process further discussion to enable Supply Chain process handling. handling.

I hope this answers your question. I hope this answers your question.

I am looking forward to your comments or questions. I am looking forward to your comments or questions.

Best regardsBest regards

1616

Meanwhile FEEM received a message Meanwhile FEEM received a message from Davey-Bickfordfrom Davey-Bickford

that the German mining authority has that the German mining authority has set up a specific requirement set up a specific requirement regarding the use of AI93 to 95regarding the use of AI93 to 95Furthermore, the customer K+S Furthermore, the customer K+S seems to be asking for a specific file. seems to be asking for a specific file. We agreed between FEEM members We agreed between FEEM members not to make a single specific XML file.not to make a single specific XML file.

1717

XML File FieldsXML File Fields

In your hand-outs you will find the In your hand-outs you will find the definitions of the XML file fields.definitions of the XML file fields.

1818

Summarized List of International UN/ECE codes Summarized List of International UN/ECE codes available for Logistics Use which are relevant for available for Logistics Use which are relevant for

FEEM use in Advanced Shipping Notification FEEM use in Advanced Shipping Notification FilesFiles

In your hand-outs you will find a list of ISO item In your hand-outs you will find a list of ISO item codescodes

1919

Directives 93/15 & Directives 93/15 & 2008/43 2008/43

News since the last News since the last meetingmeeting

Item 6 (Secretary General’s Report)Item 6 (Secretary General’s Report)

2121

Compliance with essential safety requirements:Compliance with essential safety requirements:

Because of the specific nature of explosives, the Commission Because of the specific nature of explosives, the Commission services (= Juridical Dept.) recommend to apply the relevant services (= Juridical Dept.) recommend to apply the relevant general and specific essential safety requirements to all general and specific essential safety requirements to all on-on-site mixed explosivessite mixed explosives, whether they are placed on the market , whether they are placed on the market or not.or not.

Affixing the CE marking:Affixing the CE marking:Pursuant to Article 2.2 if a company places an explosive on Pursuant to Article 2.2 if a company places an explosive on the market, this explosive has to be CE marked. Article 2.2 the market, this explosive has to be CE marked. Article 2.2 prescribes that “Member States shall take the necessary prescribes that “Member States shall take the necessary measures to ensure that explosives falling within the scope measures to ensure that explosives falling within the scope of this Directive may be placed on the market only if they of this Directive may be placed on the market only if they comply with on the provisions of this Directive, are provided comply with on the provisions of this Directive, are provided with the CE marking described in Article 7 and their with the CE marking described in Article 7 and their conformity has been assessed in accordance with the conformity has been assessed in accordance with the procedures referred to in Annex II (various approval procedures referred to in Annex II (various approval modules). Therefore, if a company places an explosive on the modules). Therefore, if a company places an explosive on the market, this explosive has to be CE marked.market, this explosive has to be CE marked.

CE marking of on-site mixed explosivesCE marking of on-site mixed explosives(EU Commission’s Recommendation)(EU Commission’s Recommendation)

2222

Placing on the market is defined as “Placing on the market is defined as “any first disposal any first disposal against payment or free of charge of explosives covered against payment or free of charge of explosives covered by this Directive with a view to their distribution and/or by this Directive with a view to their distribution and/or useuse on the Community market on the Community market”. According to the “guide ”. According to the “guide to the implementation of directives based on the new to the implementation of directives based on the new approach and the global approach”, approach and the global approach”, products built for products built for own use are, generally, not considered as being placed own use are, generally, not considered as being placed on the marketon the market..

The Commission therefore suggests the following The Commission therefore suggests the following distinction:distinction:In general, the explosives In general, the explosives are placed on the marketare placed on the market and and have to be CE marked if have to be CE marked if the quarry or mine company is the quarry or mine company is responsible for most aspects of the blasting operationsresponsible for most aspects of the blasting operations while the explosives manufacturer for example only while the explosives manufacturer for example only pumps the explosive down the holes and initiates the pumps the explosive down the holes and initiates the blast. In such a situation, the explosives are for the use blast. In such a situation, the explosives are for the use of the quarry operator and therefore have been placed of the quarry operator and therefore have been placed on the market;on the market;

CE marking of on-site mixed explosives CE marking of on-site mixed explosives (cont.)(cont.)

2323

Explosives are not deemed to have been placed Explosives are not deemed to have been placed on the market if the explosives company carries on the market if the explosives company carries out, and has full responsibility for, the blasting out, and has full responsibility for, the blasting operationsoperations. In this case, the explosives are for . In this case, the explosives are for the use of the explosives company in the the use of the explosives company in the provision of blasting services, rather than for the provision of blasting services, rather than for the use of the mine or quarry operator (although the use of the mine or quarry operator (although the quarry operator receives the benefit). quarry operator receives the benefit).

To use the industry expression the quarry To use the industry expression the quarry operator buys 'rock on the floor / ground [of the operator buys 'rock on the floor / ground [of the quarry]'.quarry]'.

CE marking of on-site mixed explosives CE marking of on-site mixed explosives (cont.)(cont.)

2424

ConclusionConclusion

The general and the relevant special essential The general and the relevant special essential safety requirements should in all cases also apply safety requirements should in all cases also apply to explosives manufactured on site which fall to explosives manufactured on site which fall under the scope of the Explosives Directive. These under the scope of the Explosives Directive. These explosives should also be CE marked except in the explosives should also be CE marked except in the ‘own use’ case as explained above, where the CE ‘own use’ case as explained above, where the CE mark is not required. mark is not required.

As far as the CE mark is concerned, Article 7.1 of As far as the CE mark is concerned, Article 7.1 of the Explosives Directive gives the possibility to the Explosives Directive gives the possibility to affix the CE mark on an identification plate. affix the CE mark on an identification plate.

A practicable solution could therefore be to A practicable solution could therefore be to attach a removable identification plate to the attach a removable identification plate to the mixing truck. It is also possible to carry the mixing truck. It is also possible to carry the relevant documentation on the mixing truck.relevant documentation on the mixing truck.

CE marking of on-site mixed explosives (cont.)CE marking of on-site mixed explosives (cont.)

2525

In accordance with Article 1(3) first indent, Directive In accordance with Article 1(3) first indent, Directive 93/15/EEC does not apply to explosives, including 93/15/EEC does not apply to explosives, including ammunition, intended for use, in accordance with national ammunition, intended for use, in accordance with national law, by the law, by the armed forces or the policearmed forces or the police. How should this . How should this exclusion be interpreted in the context of intra-EU transfers exclusion be interpreted in the context of intra-EU transfers to differentiate between commercial and military explosives, to differentiate between commercial and military explosives, for example in cases where a commercial company supplies an for example in cases where a commercial company supplies an explosive to another company for further processing and/or explosive to another company for further processing and/or incorporation into a finished product destined for military incorporation into a finished product destined for military use? use?

It should be first underlined that the exclusion in Article 1(3) It should be first underlined that the exclusion in Article 1(3) of the Directive refers to the 'intended use'. In that context a of the Directive refers to the 'intended use'. In that context a distinction needs to be drawn between distinction needs to be drawn between immediate useimmediate use and and possible eventual use for military purposespossible eventual use for military purposes. In particular, the . In particular, the eventual intended use may not always be evident so that in eventual intended use may not always be evident so that in the example quoted above the first company may be unaware the example quoted above the first company may be unaware of the final use and may have no control over this or the of the final use and may have no control over this or the finished product placed on the market or know the final finished product placed on the market or know the final consignee.consignee.

Dual Use ConflictDual Use Conflict

262626

A basic starting point for determining whether A basic starting point for determining whether the explosive falls within the exclusion in Article the explosive falls within the exclusion in Article 1(3) would be whether or not the explosive falls 1(3) would be whether or not the explosive falls within within the Common Military List of the European the Common Military List of the European Union (the latest version of which was adopted by Union (the latest version of which was adopted by the Council on 21 February 2011 (2011/C 86/01) the Council on 21 February 2011 (2011/C 86/01) (equipment covered by Council Common Position (equipment covered by Council Common Position 2008/944/CFSP defining common rules governing 2008/944/CFSP defining common rules governing the control of exports of military technology the control of exports of military technology equipment)). In principle such explosives could equipment)). In principle such explosives could be regarded as military explosives. However the be regarded as military explosives. However the possibility of possible dual use cannot be possibility of possible dual use cannot be excluded and due regard should also be paid as excluded and due regard should also be paid as to who the consignee is. If the immediate to who the consignee is. If the immediate consignee is a commercial company, the rules of consignee is a commercial company, the rules of the Directive should apply up to the point that it the Directive should apply up to the point that it becomes clear that the ultimate use is military.becomes clear that the ultimate use is military.

Dual Use Conflict (cont.)Dual Use Conflict (cont.)

272727

If the explosive is not on the Common If the explosive is not on the Common Military Military List it should be regarded as a commercial List it should be regarded as a commercial explosive and treated accordingly unless the explosive and treated accordingly unless the consignee is the armed forces or the police. If consignee is the armed forces or the police. If the immediate consignee is a commercial the immediate consignee is a commercial company, even if the explosive is expected to be company, even if the explosive is expected to be for military use, it should be regarded as falling for military use, it should be regarded as falling under the Directive until the point that it under the Directive until the point that it becomes clear the final consignee is the military.becomes clear the final consignee is the military.

Dual Use Conflict (cont.)Dual Use Conflict (cont.)

2828

Shock tubes are used to deliver the ignition impulse Shock tubes are used to deliver the ignition impulse over intermediate or short distances through a plastic over intermediate or short distances through a plastic tube, while the tube itself stays fully intact and does tube, while the tube itself stays fully intact and does not rupture. Due to the low exterior effects of shock not rupture. Due to the low exterior effects of shock tubes upon ignition they are often excluded from class tubes upon ignition they are often excluded from class 1 under Transport of Dangerous Goods Regulations 1 under Transport of Dangerous Goods Regulations since, when not attached to a detonator, they are non-since, when not attached to a detonator, they are non-hazardous. As such they cannot be used for a blasting hazardous. As such they cannot be used for a blasting purpose and do not show explosive properties and can purpose and do not show explosive properties and can be considered as similar to the lead wires of electric be considered as similar to the lead wires of electric detonators. detonators.

It follows that shock tubes as such should not It follows that shock tubes as such should not normally fall within the Directive's scope. When normally fall within the Directive's scope. When attached to the detonator to form a detonator attached to the detonator to form a detonator assembly (as a non-electronic detonator, for example) assembly (as a non-electronic detonator, for example) they would however fall within the Directive's scope they would however fall within the Directive's scope (for example the proper functioning between the (for example the proper functioning between the shock-tube and the detonator cap would be part of the shock-tube and the detonator cap would be part of the conformity assessment). conformity assessment).

What is the status of shock tubes under the What is the status of shock tubes under the Directive? Directive?

2929

Where manufacturing sites are located outside the EU, Where manufacturing sites are located outside the EU, the procedures of Article 3(5) of Commission Directive the procedures of Article 3(5) of Commission Directive 2008/43/EC should be followed. However, in cases 2008/43/EC should be followed. However, in cases where the overseas manufacturer is also established in where the overseas manufacturer is also established in the EU, he could contact the national authority of the the EU, he could contact the national authority of the Member State in which he is established or of first Member State in which he is established or of first import and obtain a single code for the manufacturing import and obtain a single code for the manufacturing site to be used for all imports into the EU. The site to be used for all imports into the EU. The manufacturer established in the EU would assume manufacturer established in the EU would assume responsibility for compliance with the Directive for all responsibility for compliance with the Directive for all those imports, including in particular the obligations those imports, including in particular the obligations of undertakings in relation to record-keeping.of undertakings in relation to record-keeping.

In all other cases where the manufacturing site is In all other cases where the manufacturing site is located outside the EU, the importer of the explosives located outside the EU, the importer of the explosives will have to obtain a code in accordance with the will have to obtain a code in accordance with the second subparagraph of Article 3(5) of the Directive.second subparagraph of Article 3(5) of the Directive.

What is the procedure for attributing What is the procedure for attributing manufacturing site codes to non-EU manufacturing manufacturing site codes to non-EU manufacturing sites under Commission Directive 2008/43/EC, as sites under Commission Directive 2008/43/EC, as

amended by Directive 2012/4/EU?amended by Directive 2012/4/EU?

3030

To further reduce the administrative burdens, and also To further reduce the administrative burdens, and also in cases where the overseas manufacturer is not in cases where the overseas manufacturer is not established in the EU, the imports need not physically established in the EU, the imports need not physically go through the location of the importer or of the EU go through the location of the importer or of the EU legal entity of the manufacturer, but any point of legal entity of the manufacturer, but any point of entry, provided that they are handled in line with the entry, provided that they are handled in line with the single authorisation for simplified procedures single authorisation for simplified procedures (SASP)/centralised customs clearance used throughout (SASP)/centralised customs clearance used throughout the EU under customs legislation, whereby the import the EU under customs legislation, whereby the import paperwork is submitted in one Member State, but the paperwork is submitted in one Member State, but the products can be shipped directly to another Member products can be shipped directly to another Member State or States (with the customs authorities there not State or States (with the customs authorities there not requiring additional paperwork) requiring additional paperwork)

What is the procedure for attributing What is the procedure for attributing manufacturing site codes to non-EU manufacturing manufacturing site codes to non-EU manufacturing sites under Commission Directive 2008/43/EC, as sites under Commission Directive 2008/43/EC, as

amended by Directive 2012/4/EU?amended by Directive 2012/4/EU?

313131

Chapter 3 of the Directive relating to data Chapter 3 of the Directive relating to data collection and record-keeping provides that collection and record-keeping provides that undertakings in the explosives sector collect and undertakings in the explosives sector collect and maintain data relating to each explosive in their maintain data relating to each explosive in their possession or custody throughout the supply possession or custody throughout the supply chain and life cycle until it is transferred to chain and life cycle until it is transferred to another undertaking or used. another undertaking or used. The end-user would be the last undertaking to The end-user would be the last undertaking to take possession or custody and to use the take possession or custody and to use the explosive, for example operating blasting on site. explosive, for example operating blasting on site. In certain cases this could be the sub-contracting In certain cases this could be the sub-contracting company undertaking the blasting. In other company undertaking the blasting. In other words, those responsible for the last place of words, those responsible for the last place of storage on a site prior to use should keep records storage on a site prior to use should keep records from the time they take possession or custody of from the time they take possession or custody of the explosive until it is used. the explosive until it is used.

How should the term 'end-user' be understood How should the term 'end-user' be understood for the purposes of Commission Directive for the purposes of Commission Directive

2008/43/EC?2008/43/EC?

323232

It should not however normally be necessary for It should not however normally be necessary for records to be kept on the individual person, such records to be kept on the individual person, such as the individual shot-firer, to whom the explosive as the individual shot-firer, to whom the explosive is given to use.is given to use.

The end-user would not necessarily be the The end-user would not necessarily be the undertaking authorised to carry out blasting on undertaking authorised to carry out blasting on site. This would depend on whether they havesite. This would depend on whether they have possession/custody when the explosive is used. In possession/custody when the explosive is used. In cases where a subcontractor is operating all the cases where a subcontractor is operating all the blasting process, including the bringing out and blasting process, including the bringing out and taking back of explosives from storage, that taking back of explosives from storage, that undertaking would be perceived as the end-user undertaking would be perceived as the end-user and assume responsibility for complianceand assume responsibility for compliance

How should the term 'end-user' be understood How should the term 'end-user' be understood for the purposes of Commission Directive for the purposes of Commission Directive

2008/43/EC?2008/43/EC?

333333

What should be on an “associated label”? If a box What should be on an “associated label”? If a box contains 50 primers does the associated label contains 50 primers does the associated label have to state the unique identifications for all 50 have to state the unique identifications for all 50 or can the label simply state something like or can the label simply state something like “Contains 50 primers”?“Contains 50 primers”?

Associated LabelsAssociated Labels

There is no need that the label contains all numbers of the items in the box. The matrix/bar code should suffice. The related information is available in the systems / database of the producer / distributor and is transferred to the buyer via XML file. If police stopped a truck and wanted to check a specific item number in connection with the box, they should be able to scan the box themselves or obtain information on the number and unique identifications of the items in the box from the manufacturer or distributor. There should be no need to print all item numbers on the box or the delivery documents.

343434

Labelling of SPUsLabelling of SPUs

If the primers are less than 8.5 mm in diameter If the primers are less than 8.5 mm in diameter and therefore the SPU needs to be labelled, do all and therefore the SPU needs to be labelled, do all 50 unique identifications have to be marked on 50 unique identifications have to be marked on the SPU? the SPU?

No!No!

353535

Does the manufacturer’s name need to be in full or Does the manufacturer’s name need to be in full or can it be abbreviated (eg RHEMCO instead of can it be abbreviated (eg RHEMCO instead of Rhinoceros and Hippopotamus Explosives Rhinoceros and Hippopotamus Explosives Manufacturing Co) to assist the marking of smaller Manufacturing Co) to assist the marking of smaller items? items?

This has benefits and in any event the Member This has benefits and in any event the Member State will be able to identify the manufacturer State will be able to identify the manufacturer from their records using the 3 digit site code.from their records using the 3 digit site code.

This is a matter for the competent authorities in This is a matter for the competent authorities in the Member State issuing the code to judge on a the Member State issuing the code to judge on a case-by-case basis. If the abbreviated name is a case-by-case basis. If the abbreviated name is a commonly known and recognisable trade name, commonly known and recognisable trade name, this should be acceptable; if the abbreviation this should be acceptable; if the abbreviation makes it impossible to identify the manufacturer it makes it impossible to identify the manufacturer it would not be advisable.would not be advisable.

Manufacturer’s Name on Unique Manufacturer’s Name on Unique IdentificationIdentification

3636

In the offshore oil and gas industry, companies In the offshore oil and gas industry, companies manufacture jet-perforating guns (JPG) that consist manufacture jet-perforating guns (JPG) that consist of a number of shaped charges, detonating cord and of a number of shaped charges, detonating cord and detonators manufactured by a third party. These detonators manufactured by a third party. These items will be marked in accordance with the items will be marked in accordance with the Directive however when they are incorporated into Directive however when they are incorporated into the JPG (essentially a long pipe with holes cut in it the JPG (essentially a long pipe with holes cut in it for the shaped charges) none of their Ids will be for the shaped charges) none of their Ids will be visible. Our view is that a single new Identification is visible. Our view is that a single new Identification is marked on the finished JPG and relevant records are marked on the finished JPG and relevant records are kept to detail the incorporation of the smaller items kept to detail the incorporation of the smaller items within the JPG. Is this a correct interpretation? within the JPG. Is this a correct interpretation? On the assumption that the provisions of the second On the assumption that the provisions of the second subparagraph of Article 3(1) of the Directive do not subparagraph of Article 3(1) of the Directive do not provide an exemption (taking into account also the provide an exemption (taking into account also the obligations of Article 4 to which that refers), which obligations of Article 4 to which that refers), which would seem the case here, in principle that would be would seem the case here, in principle that would be a correct interpretation. The finished JPG would fall a correct interpretation. The finished JPG would fall within the definition of explosive under Directive within the definition of explosive under Directive 93/15/EEC and would need to be marked to enable a 93/15/EEC and would need to be marked to enable a full tracing record. If the JPG is created 'on-site', full tracing record. If the JPG is created 'on-site', marking the JPG as a separate item may not be marking the JPG as a separate item may not be necessary provided it is not transported elsewhere.necessary provided it is not transported elsewhere.

Marking of an explosive article Marking of an explosive article incorporating other explosive articlesincorporating other explosive articles

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Transport of UN 0331 (ANFO 1.5d) in Transport of UN 0331 (ANFO 1.5d) in road tankersroad tankers

In the new 2013 ADR the transport of ANFO is In the new 2013 ADR the transport of ANFO is allowed in tanks up to 16 tons. allowed in tanks up to 16 tons.

FEEM has started talks with member companies and FEEM has started talks with member companies and Notified Bodies how to manage to increase the Notified Bodies how to manage to increase the volume of explosives on the road from 16 tons (ADR) volume of explosives on the road from 16 tons (ADR) to the limit set by the Road Traffic Regulations (40 to the limit set by the Road Traffic Regulations (40 tons). Since the initiative has been started by BAM tons). Since the initiative has been started by BAM (on behalf of K&S / MSW Chemie) in 2011/2012 first (on behalf of K&S / MSW Chemie) in 2011/2012 first contacts have been established to this body. At contacts have been established to this body. At present they are running test evaluating the (16 tons) present they are running test evaluating the (16 tons) TNT equivalent for ANFO and other explosives. First TNT equivalent for ANFO and other explosives. First results are being expected on 5 kg, 25 kg and 50 kg results are being expected on 5 kg, 25 kg and 50 kg tests during March / April 2013. BAM is generally in tests during March / April 2013. BAM is generally in favor of such a process. favor of such a process.

7. Subjects for discussion at the next 7. Subjects for discussion at the next meeting?meeting?

8.8. Any other business?Any other business?

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Transportation documents and procedure in Transportation documents and procedure in CZCZ

Any other business?Any other business?

Jitka JungwithovaJitka Jungwithova

4141

Transport SecurityTransport Security

Any other business?Any other business?

Marlies BeckerMarlies Becker

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1.1.CLPCLP2.2.Reversible Transfer DocumentsReversible Transfer Documents

Any other business?Any other business?

Bengt FolkessonBengt Folkesson

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New FEEM homepage

FEEM has started into 2013 with a new, up-dated web site. It is professional, has got a modern design and web architecture and looks very nice. It is easy to operate and to navigate.

You find the site under www.

feem-europe.com feem-europe.eu feem-europe.org

feem.info

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8. Date & Place of the next meeting:8. Date & Place of the next meeting:

Hotel Gellért Hotel Gellért Szent Gellért tér 1. Szent Gellért tér 1.

in in 1111 Budapest, Hungary1111 Budapest, Hungary

Monday, 16 September 2013 Dinner at Monday, 16 September 2013 Dinner at 19h00 19h00

Tuesday, 17 September: Meeting from Tuesday, 17 September: Meeting from 09h00 to 13h0009h00 to 13h00