L.S. 33.06 Regolamenti dwar l-Identifikazzjoni u t-Traċċabilità tà l-Isplussivi għall-Użi Ċivili

(1)The title of these regulations is the Identification and Traceability of Explosives for Civil Uses Regulations. Citation.

(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. 2.

(1)These regulations set up a harmonized system for the unique identification and traceability of explosives for civil uses.

(2)Scope. Amended by: L.N. 150 of 2012. These regulations shall not apply to the following: (

1. a)explosives transported and delivered unpackaged or in pump trucks for their direct unloading into the blasthole; (
2. b)explosives manufactured at the blasting sites, and that are loaded immediately after being produced (in situ production); (
3. c)ammunitions; (
4. d)fuses, which are cord-like non-detonating igniting devices; (
5. 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; (
6. 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. 3. 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 150 of 2012. Definitions. S.L. 419.03 2 IDENTIFICATION AND TRACEABILITY OF EXPLOSIVES FOR CIVIL USES [ S.L.33.06 Standards Authority Order; S.L. 419.03 Unique identification. "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 Order. 4.

(1)(

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. (
2. 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)(

1. 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. (
2. 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 unit. Marking and affixation.

1. 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. Cartridged explosives and explosives in sacks.
2. 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 [ S.L.33.06 3 and similarly, an associated electronic tag for each case of cartridges.
3. 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. Two-component explosives.
4. 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. Plain detonators. Substituted by: L.N. 150 of
6. 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. Electric, nonelectric and electronic detonators.
7. 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. Primers and boosters. Substituted by: L.N. 150 of
9. 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. Detonating cords. Substituted by: L.N. 150 of
11. 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. Cans and drums containing explosives.
12. 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. Copies of the original label. 14.

(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. Data collection.

(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 4 [ S.L.33.06 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. Obligations of undertakings. 15. The Market Surveillance Directorate shall ensure that the undertakings in the explosives sector fulfil the following requirements: (

1. 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; (
2. 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; (
3. c)at regular intervals testing their data collection system in order to ensure its effectiveness and the quality of the data recorded; (
4. 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; (

1. e)protecting the data collected against accidental or malicious damage or destruction; (
2. 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; (
3. g)providing the Market Surveillance Directorate with the name and contact details of a person able to provide the information described in paragraph (
4. f)outside normal business hours. IDENTIFICATION AND TRACEABILITY OF EXPLOSIVES FOR CIVIL USES SCHEDULE [Regulation 4

(3)] [ S.L.33.06 5 Amended by: L.N. 150 of 2012. The unique identification shall comprise: 1. A human readable part of the identification containing the following: (

1. a)the name of the manufacturer; (
2. b)an alphanumerical code containing: (
3. i)two letters identifying the Member State (place of production or import onto the Community market, e.g. MT = Malta, AT = Austria); (
4. 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. (
5. a)For articles too small to affix the information under paragraph 1(b)(
6. i)and (
7. 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. (
8. b)Each smallest packaging unit shall be closed with a seal. (
9. 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)(
10. i)and (ii). The number of plain detonators and boosters contained shall be printed on the smallest packaging unit. (
11. 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.