Transcript Federation of European Explosives Manufacturers 135th

A warm welcome to the Transport Working Group
1
Federation of European Explosives
Manufacturers
Meeting of the Transport Working
Group Delegates
on
30 September 2014
in Lisbon, Portugal
2
Meeting of the Transport Working Group
List of Participants
1. Marlies Becker, Orica Europe, Germany, Chairlady
2. Janusz Dryzga , Nitroerg, Poland
3. Ivana Jakubkova, Austin Detonators, CZ
4. Maurice Delaloye, SSE, Switzerland
5. Martin Klein, DynaEnergetics, Germany
6. Lucie Holubova, Explosia, CZ
7. Marin Dorobantu, Weatherford, Romania
8. Thierry Rousse, EPC, France
9. Ignatio Oyarzabal, Maxam, Spain
Apology
1. Jon Jones, Austin, UK
In attendance: Hans H. Meyer, FEEM, Belgium
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Compliance with European Competition Law
As an Association, FEEM operates in strict compliance with
European competition laws. Respect for these laws is a core value
applying to all FEEM activities. All members of this Working Group
have been informed by the Secretary General about prohibited
discussion topics which apply not only during meetings but also to
social gatherings before and after meetings. By signing the
participation form, the delegates declare their adherence to the
Competition Compliance Programme and agree to comply with
Competition Law.
An up-dated CEFIC checklist of competition compliance regulations
has been handed out at the previous meeting in Bonn to the working
group delegates.
4
Compliance with European Competition Law
Very clearly: You are not allowed to discuss or exchange information
which is not in conformity with competition legislation, including
e.g. on:
1.
2.
3.
4.
Prices
Production details
Transportation rates
Market procedures
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Meeting of the Transport Working Group
(Draft) Agenda for 30 September 2014
1. Opening remarks by the chairlady
Marlies Becker
2. Compliance with the European and
National Competition Laws and Regulations Hans Meyer
3. Agenda and Approval
Marlies Becker
4. Minutes of the last meeting
and approval
Marlies Becker
5. Secretary General’s Report
Hans Meyer
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Meeting of the Transport Working Group
(Agenda cont.)
with, in particular:
1. DIRECTIVE 2014/28/EU
2. CLP UP-DATE
1. New requirements for mixtures as of 1 June 2015
2. Proposal for review of Chapter 2.1 (Explosives) in
the GHS
6. Any other Business
1. Globally harmonized standard for explosives security
markings
2. Obligation of End-Users
3. Marking of large diameter detonating cords
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Meeting of the Transport Working Group
(Agenda cont.)
6. Any other Business
4. ADR Changes Explosive Vehicles
5. European consequences of the Maxam Accident
7. Subjects for discussion at the next meeting
8. Statistics
9. Date, place and time of next meeting
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Meeting of the Transport Working Group
Do you agree to this Agenda?
9
Meeting of the Transport Working Group
Item 4
Approval of the Minutes of the Transport Group
Meeting held in Prague on Tuesday, 25th March 2014
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Meeting of the Transport Working Group
Item 4
Do you approve these Minutes ?
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Item 5
Secretary General’s Report
DIRECTIVE 2014/28/EU OF THE
EUROPEAN PARLIAMENT AND OF
THE COUNCIL
of 26 February 2014
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DIRECTIVE 2014/28/EU – CIVIL EXPLOSIVES
DIRECTIVE
You are aware that an important new Civil
Explosives Directive has been published this
year, regulating the harmonization of the laws
of the Member States relating to the making
available on the market and supervision of
explosives for civil uses.
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DIRECTIVE 2014/28/EU – CIVIL EXPLOSIVES
DIRECTIVE
This Directive incorporates a number of other
Directives and Regulations such as:
1.
93/15,
2. 2008/43,
3. 2004/57,
4. 765/2008,
5. 768/2008,
6. 96/82,
7. 2013/29,
8. 91/477
and others, dealing with explosives and pyrotechnical
articles.
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Directive 2014/28
What is covered by the new Directive?
All explosives according to the DEFINITIONS
BASED ON THE DEFINITION OF SUCH
PRODUCTS AS SET OUT IN THE UNITED
NATIONS RECOMMENDATIONS on the
transport of dangerous goods.
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Directive 2014/28
What is not covered?
(a) explosives, including ammunition, intended for
use, in accordance with national law, by the
armed forces or the police
(a) pyrotechnic articles falling within the scope of
Directive 2013/29/EU
(c) ammunition, save as provided for in Articles 12,
13 and 14.
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Directive 2014/28
Major emphasis is focused on:
OBLIGATIONS OF MANUFACTURERS, such as
1.
–
When placing their explosives on the market or when using
them for their own purposes, manufacturers shall ensure that
they have been designed and manufactured in accordance
with the essential safety requirements.
–
Where compliance of an explosive with the applicable
requirements has been demonstrated by that procedure,
manufacturers shall draw up an EU declaration of
conformity and affix the CE marking.
17
Directive 2014/28
Manufacturers shall keep the technical documentation
and the EU declaration of conformity for 10 years after
the explosive has been placed on the market.
18
Directive 2014/28
Manufacturers shall ensure that explosives which they
have placed on the market bear a unique identification in
accordance with the system for the identification and
traceability of explosives. For explosives excluded from
that system, manufacturers shall:
1. Ensure that explosives which they have placed on the
market bear a type, batch or serial number or other
element allowing their identification, or, where the small
size, shape or design of the explosive does not allow it,
that the required information is provided on its
packaging or in a document accompanying the
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explosive.
Directive 2014/28
or
2. Indicate on the explosive their name, registered
trade name or registered trade mark and the
postal address at which they can be contacted
or, where that is not possible, on its packaging
or in a document accompanying the explosive.
The address shall indicate a single point at
which the manufacturer can be contacted. The
contact details shall be in a language easily
understood by end-users and market
surveillance authorities.
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Directive 2014/28
3. Manufacturers shall ensure that explosives which they
have placed on the market are ACCOMPANIED BY
INSTRUCTIONS AND SAFETY INFORMATION IN A
LANGUAGE WHICH CAN BE EASILY UNDERSTOOD
BY END-USERS, as determined by the Member State
concerned. Such instructions and safety information, as
well as any labelling, shall be clear, understandable and
intelligible.
21
Directive 2014/28
The other articles regulate the obligations of
• AUTHORIZED REPRESENTATIVES
• IMPORTERS
• DISTRIBUTORS
This group shall be considered like a manufacturer for
the purposes of this Directive and they shall be subject
to the obligations of the manufacturer, where he places
an explosive on the market under his name or trade mark
or modifies an explosive already placed on the market in
such a way that compliance with this Directive may be
affected.
22
Directive 2014/28
The Directive also deals with the qualification of the
CONFORMITY ASSESSMENT BODY (NB), e.g.
1. their personnel shall carry out the conformity
assessment activities with the highest degree of
PROFESSIONAL INTEGRITY AND REQUISITE
TECHNICAL COMPETENCE.
2. a conformity assessment body shall have at its disposal
the necessary personnel with TECHNICAL
KNOWLEDGE AND SUFFICIENT AND
APPROPRIATE EXPERIENCE to perform the
conformity assessment tasks.
23
Directive 2014/28
3. The personnel responsible for carrying out the
conformity assessment tasks shall have the
following:
(a) SOUND TECHNICAL AND VOCATIONAL
TRAINING covering all the conformity
assessment activities in relation to which the
conformity assessment body has been notified;
(b) SATISFACTORY KNOWLEDGE of the
requirements of the assessments they carry out
and adequate authority to carry out those
assessments.
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Directive 2014/28
Conformity assessments shall be carried out in a
proportionate manner, avoiding unnecessary
burdens for economic operators. Conformity
assessment bodies shall perform their activities
taking due account of the size of an undertaking,
the sector in which it operates, its structure, the
degree of complexity of the product technology
in question and the mass or serial nature of the
production process.
25
Directive 2014/28
Union market surveillance and control of
explosives entering the Union market
(formally Regulation (EC) No 765/2008)
Member States shall take all appropriate measures to
ensure that explosives may be placed on the market only
if, when properly stored and used for their intended
purpose, they do not endanger the health or safety of
persons.
26
Directive 2014/28
Where the market surveillance authorities of
one Member State have sufficient reason to
believe that an explosive presents a risk to the
health or safety of persons, or to property or the
environment, they shall carry out an evaluation
in relation to the explosive concerned covering
all relevant requirements laid down in this
Directive. The relevant economic operators shall
cooperate as necessary with the market
surveillance authorities for that purpose.
27
Directive 2014/28
Where the relevant economic operator does not
take adequate corrective action, the market
surveillance authorities shall take all appropriate
provisional measures to PROHIBIT OR
RESTRICT THE EXPLOSIVES being made
available on their national market, to withdraw
the explosive from that market or to recall it.
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Directive 2014/28
You can find the complete text of the Directive on our
home-page or down-load it from the EU web-side:
http://eur-lex.europa.eu/legal-content
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30
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CLP UP-DATE
There has been a proposal from the working
group side to put CLP up on the Agenda,
because for (explosive) mixtures, the
deadline will be 1 June 2015. The CLP
Regulation will ultimately replace the
current rules on classification, labelling and
packaging of substances (Directive
67/548/EEC) and preparations (Directive
1999/45/EC) after this transitional period.
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CLP
(The classification, labelling and packaging
of chemical substances and mixtures)
(DIRECTIVE 2008/112/EC OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL of 16 December 2008 amending Council Directives
76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC,
2002/96/EC and 2004/42/EC of the European Parliament and of the Council
in order to adapt them to Regulation (EC) No 1272/2008 on classification,
labelling and packaging of substances and mixtures)
34
CLP Background
The production and use of chemicals is fundamental to all
economies all over the world. However, it is also recognized that
chemicals pose risks that should be indicated throughout the
supply chain. Many countries have developed systems for
providing information on hazardous properties and control
measures of chemicals aimed at ensuring their safe production,
transport, use and disposal. Yet, those systems are currently not
always compatible with each other and often require multiple
labels and Safety Data Sheets for the same product.
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CLP BACKGROUND
Consequently, companies involved in international trade
need to follow multiple regulations regarding hazard
classification and labelling depending on where they do
business and users may see inconsistent label warnings
and Safety Data Sheets for the same chemical.
36
CLP
The classification and labelling of explosive
mixtures is changing on 1 June 2015!
New pictograms with a white background are
replacing the orange ones in the EU. From 1 June
2015 companies are required to classify and label
both substances and mixtures according to the
CLP Regulation. Make sure you learn what the
labels mean and read the instructions to ensure
safe use. Information on the CLP pictograms and
on the label is available on the EUROPEAN
CHEMICAL AGENCY WEBSITE.
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GHS - Overview (I)
– The UN-developed system „GHS“ stands for
„Globally Harmonized System of Classification and
Labelling of Chemicals“.
– With GHS, globally harmonized criteria have been
created for the classification and labelling of
chemicals. GHS wants to ensure internationally
comparable high standards for health and consumer
protection, occupational health and safety, and
environmental protection.
38
GHS - Overview (I)
– GHS regulates ...
• criteria for the classification of physical, toxicological
and environmental relevant properties ...
• classification and labeling ...
• harmonized hazard communication ...
(e.g. harmonized label statements and harmonized
safety data sheets)
... of chemicals.
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GHS - Overview (II)
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GHS - Overview (III)
– GHS affects MANUFACTURERS, SUPPLIERS, AND USERS of
chemicals
– The global implementation of GHS should take place during 2008.
The registration phase of REACH, the uniform chemical law
applicable within the EU, also begins in 2008.
– Because of the numerous interconnections between GHS and
REACH, the European Commission has scheduled the
implementation of the two regulations to follow each another in
quick succession.
– The implementation of GHS is progressing at different places
around the world. In many Asian countries, for example, GHS has
already been introduced.
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Geographical Limits of GHS
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GHS - Current Status (July 2014)
Implementation by the national authorities
Argentina Czech Republic
Laos
Japan
Nigeria
Slovenia
Australia
Denmark
Norway
South Africa
Austria
Ecuador Latvia
Paraguay
Spain
Belgium
Estonia
Liechtenstein Peru
Bolivia
Finland
Lithuania
Brazil
France
Luxembourg Poland
Brunei, Darussalam Gambia
Sweden
Philippines Switzerland
Thailand
Madagascar
Transport of dangerous goods planned,
Other sectors planned
Transport of dangerous goods implemented, Other sectors planned
Transport of dangerous goods implemented, Other sectors implemented
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GHS - Current Status (July 2014)
Implementation by the national authorities
Portugal United Kingdom
Bulgaria
Germany Malaysia
United States of America
Cambodia Greece
Canada
Republic of Korea
Laos
Malta
Hungary Mauritius
Romania
Uruguay
Russian Federation
Viet Nam
Chile
Iceland
Mexico
China
Indonesia Myanmar
Senegal
Serbia
Colombia Ireland
Netherlands
Cyprus
New Zealand Slowakia
Italy
Zambia
Singapore
Transport of dangerous goods planned,
Other sectors planned
Transport of dangerous goods implemented, Other sectors planned
Transport of dangerous goods implemented, Other sectors implemented
44
GHS – What must be done?
The conversion to GHS has significant effects on the handling of
chemicals.
– All products have to be checked to be in line with the
requirements of GHS.
– Within the transition periods,
• labelling shall be adapted to the new requirements.
• safety data sheets shall be correspondingly changed.
– All substances which meet the criteria for classification as
hazardous and are placed on the market shall be notified to the
European Chemicals Agency (ECHA) for inclusion in the
classification and labelling inventory.
45
REACH / GHS - Timeline
01.06.2007 01.12.2008 01.12.2010
*) Also:
Pre-registration
Transition period
Registration process
Substance:
Classification in SDS
Labeling
01.06.2013 01.06.2015
01.06.2018
CMR-Substances ≥ 1 t/a/LE, R50/53-Substances ≥ 100 t/a/LE
> 1000 t/a/LE*)
100 – 1000 t/a/LE
1 – 100 t/a/LE
Substance Directive
REACH
GHS
← GHS-regulation
Substance Directive← GHS-regulation
Mixture:
Classification in SDS
Dangerous preparations Directive
Labeling
Dangerous preparations Directive
←GHS-regulation
← GHS-regulation
← means: former use of GHS possible
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GHS - What essential changes does GHS involve?
– GHS introduces globally harmonized criteria for the classification of physical,
toxicological, and environmental relevant properties.
– GHS establishes globally harmonized criteria for hazard communication. In the
overview, this relates to the introduction of new or modified:
• hazard classes,
• hazard categories,
• hazard pictograms,
• signal words,
• hazard statements,
• precautionary statements.
– GHS offers the opportunity to bring product safety to a high level all over the
world. GHS will thus contribute to improving measures for protecting human
health and the environment on a global scale.
47
GHS - New Labelling Elements
Signal word
The signal word on the label gives information
about the relative hazard level of a substance
or mixture and alerts the reader to a potential
hazard.
Hazard pictogram
• Square set on a point,
• Red border,
• White background,
• Black symbols.
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GHS – Hazard pictograms
Hazard symbols according to directive 67/548/EEC, Annex II
Gases
no own
Symbol
CMR
no own
Symbol
Hazard pictograms according to directive EC No. 127272008, Annex V
49
GHS - Hazard statement
64 R-Phrases  62 Hazard Statements (H)
24 European Hazard Statements (EUH)
A hazard statement is a phrase, assigned to a hazard class and category
that describes the nature / intrinsic property of a hazardous product as
well as the hazard level.
Hazard statement group
2 Physical hazards
3 hazards
4 all hazards
Hazard statement
H200 – Unstable Explosive
Sequence in the group
50
GHS - Precaution statement
136 Precaution statements (P)
54 S-Phrases 
A precautionary statement is a phrase (and/or pictogram) that
describes the recommended measures that should be taken to prevent /
minimize adverse effects resulting from exposure to a hazardous
product.
Precaution statement group
1
2
3
4
5
Precaution statement
General
Prevention
Response
Storage
Disposal
P201 – Obtain special instructions before use.
Sequence in the group
51
GHS - Example of Labeling
 Infuences MSDS and also Labelling
52
GHS - correlation table
Some samples
Übergangsfristen
53
GHS – Derogations from Labeling (Explosives)
Derogations from labelling requirements for special cases (Article 23(e))
The specific provisions on labelling laid down in section 1.3 of Annex I shall apply in
respect of the following:
(e) explosives, as referred to in section 2.1 of Annex I, placed on the market with a view to
obtaining an explosive or pyrotechnic effect.
54
GHS – General rules of Labeling
General rules (Article 17)
1. A substance or mixture classified as hazardous and contained in
packaging shall bear a label including the following elements:
(a) the name, address and telephone number of the supplier(s);
(b) the nominal quantity of the substance or mixture in the package
made available to the general public, unless this quantity is specified
elsewhere on the package;
(c) product identifiers as specified in Article 18;
(d) where applicable, hazard pictograms in accordance with Article
19;
(e) where applicable, signal words in accordance with Article 20;
(f) where applicable, hazard statements in accordance with Article
21;
(g) where applicable, the appropriate precautionary statements in
accordance with Article 22;
(h) where applicable, a section for supplemental information in
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accordance with Article 25.2.
GHS – General rules of Labeling
General rules (Article 17)
2. The label shall be written in the official language (s) of
the Member State (s) where the substance or mixture is
placed on the market, unless the Member State (s)
concerned provide (s) otherwise.
Suppliers may use more languages on their labels than
those required by the Member States, provided that the
same details appear in all languages used.
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GHS – General rules of application
General rules for the application of labels (article 31)
1. Labels shall be firmly affixed to one or more surfaces of the
packaging immediately containing the substance or mixture and
shall be readable horizontally when the package is set down
normally.
2. The colour and presentation of any label shall be such that the
hazard pictogram stands out clearly.
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GHS – General rules of application
General rules for the application of labels (article 31)
3. The label elements referred to in Article 17(1) shall be clearly and
indelibly marked. They shall stand out clearly from the
background and be of such size and spacing as to be easily read.
4. The shape, colour and the size of a hazard pictogram as well as the
dimensions of the label shall be as set out in section 1.2.1 of Annex
I.
5. A label shall not be required when the label elements referred to in
Article 17(1) are shown clearly on the packaging itself. In such
cases, the requirements of this Chapter applicable to a label shall
be applied to the information shown on the packaging.
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GHS – Location of Information
Location of information on the label
1. The hazard pictograms, signal word, hazard statements and
precautionary statements shall be located together on the label.
2. The supplier may decide the order of the hazard statements on the
label. However, subject to paragraph 4, all hazard statements
shall be grouped on the label by language. The supplier may
decide the order of the precautionary statements on the label.
However, subject to paragraph 4, all precautionary statements
shall be grouped on the label by language.
3. Groups of hazard statements and groups of precautionary
statements referred to in paragraph 2 shall be located together on
the label by language.
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GHS – Location of Information
Location of information on the label
4. The supplemental information shall be placed in the supplemental
information section referred to in Article 25, and shall be located
with the other label elements specified in Article 17(1)(a) to (g).
5. In addition to its use in hazard pictograms, colour may be used on
other areas of the label to implement special labelling
requirements.
6. Label elements resulting from the requirements provided for in
other Community acts shall be placed in the section for
supplemental information on the label referred to in Article 25.
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CLP Up-date
Processes
Classification
In most of the cases, suppliers need to decide on the
classification of a substance or mixture. This is called
self-classification.
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CLP Up-date
2. Labelling
Suppliers must label a substance or mixture
contained in packaging according to CLP before
placing it on the market either when:
1.
2.
A substance is classified as hazardous
A mixture contains one or more substances classified
as hazardous above a certain threshold.
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CLP Up-date
2. Labelling (cont.)
THE ELEMENTS OF CLP COMPLIANT LABEL
(GHS LABEL)
The CLP label should be firmly affixed to one or more
surfaces of the packaging immediately containing your
substance or mixture. They should be legible
horizontally when the package is set down normally. A
CLP compliant label shall contain the following
elements:
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CLP Up-date
2. Labelling (cont.)
Hazard pictograms
A hazard pictogram is a pictorial presentation of a
particular hazard. Accordingly, the classification of your
substance or mixture determines the hazard pictograms
that should be displayed on your label, for example:
Note: Hazard pictograms should be in the shape of a
square set at a point (diamond shape), and should have a
black symbol on a white background with a red border.
Each hazard pictogram should cover at least one
fifteenth of the surface area of the harmonised label, but
the minimum area shall not be less than 1 square
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centimetres.
CLP Up-date
2. Labelling (cont.)
Signal words
A signal word indicates to the reader if a hazard is
generally more severe or less severe. The label should
include the relevant signal word in accordance with the
classification of the hazardous substance or mixture. In
case your substance or mixture displays a more severe
hazard, the label should bear the signal word ‘danger’,
and in case of less severe hazards, it should bear the
signal word ‘warning’.
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CLP Up-date
Labelling (cont.)
Hazard statements
Your labels should also bear the relevant hazard
statements describing the nature and severity of the
hazards of your substance or mixture.
Hazard statement codes: H2physical hazards; H3 health
hazards; H4 environmental hazards
Hazard class:
H252: Self-heating in large quantities; may catch fire
H362: May cause harm to breast-fed children
H410: Very toxic to aquatic life with long lasting effects.
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CLP Up-date
2. Labelling (cont.)
Precautionary statements
Your labels should bear the relevant precautionary statements,
giving advice on measures to prevent or minimize adverse effects
to human health or the environment arising from the hazards of
your substance or mixture. Furthermore, the precautionary
statements of one language should be grouped together with the
hazard statements on the label.
Precautionary statement codes: For example P1 General ; P2
Prevention; P3 Response; P4 Storage
Precautionary measurements:
P102: Keep out of reach of children;
P210: Keep away from heat/sparks/open flames/ hot surfaces.
P311: Call a poison center or doctor/physician
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P403: Store in a well-ventilated place
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CLP Up-date
3. Safety Data Sheets
Safety data sheets are the main tool for ensuring that
manufacturers and importers communicate enough
information along the supply chain to allow safe use of
their substances and mixtures.
Note: There is a new format!
79
CLP Up-date
4. Harmonised Classification and Labelling
Certain situations require that the classification of a
substance is harmonized and made obligatory at
Community level to ensure an adequate risk
management throughout the European Community.
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CLP Up-date
5. Alternative chemical name in mixtures
Suppliers who are concerned about disclosing the full
composition of a mixture, on the label or in the safety
data sheet, can request the use of an alternative chemical
name for a substance to protect the confidential nature
of their business, and in particular, their intellectual
property rights.
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CLP Up-date
6. C & L Inventory
The Classification & Labelling (C&L) Inventory is a
database that will contain basic classification and
labelling information on notified and registered
substances received from manufacturers and importers.
82
Proposal for CLP Review from Australia
Proposal for review of Chapter 2.1 (Explosives) in the GHS, transmitted by the expert from Australia and by the Australian Explosives
Industry and Safety Group (AEISG)
CLP is just in full swing and there are already calls for changes,
e.g. one from Australia!
Google for:
ST/SG/AC.10/C.3/2014/79−ST/SG/AC.10/C.4/201
4/15
and you are directly directed to the document on the UNECE.ORG home-page.
83
Proposal for CLP Review
The key issues being considered are:
(a) Is the classification and hazard communication
information provided for explosives packaged for transport
appropriate for other sectors, e.g. manufacture, storage
and use?
(b) For explosives that are not packaged for transport –
including those that have been removed from their
transport packaging and those that are not transported –
what is the correct classification of those explosives and
what hazards need to be communicated to persons who
manufacture, handle, store or use them?
84
Proposal for CLP Review
It is proposed that:
(a) Chapter 2.1 of the GHS be reviewed to
determine where amendments are needed,
including development of additional guidance if
required, on classification and hazard
communication requirements for explosives to
meet the needs of sectors other than transport,
e.g. manufacture, storage and use;
(b) Where additional guidance is deemed
necessary, the content of such guidance be
developed;
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Proposal for CLP Review
It is proposed that:
(c) The work would not include a review of
requirements for the transport of explosives, or changes
to the tests of the Manual of Tests and Criteria for
explosives;
(d) The review would be cognisant of previous proposals
by Germany, referred to above;
(e) A correspondence group led by the expert from
Australia be established to undertake this work inter sessionally and include any interested parties from the
TDG Sub-Committee, the Working Group on Explosives
86
and relevant NGOs.
7. Any other business
87
7. Any other business
a) GLOBALLY HARMONIZED STANDARD
FOR EXPLOSIVES SECURITY MARKINGS
Transmitted by the Institute of Makers of
Explosives (IME) to the “Committee of Experts
on the Transport of Dangerous Goods and on the
Globally Harmonized System of Classification and
Labelling of Chemicals Sub-Committee of
Experts on the Transport of Dangerous Goods” at
the forty-sixth session in Geneva on 1 – 9
December 2014
88
Globally harmonized standard for explosives security
markings
Summary
In this paper, for certain explosive devices
and substances, IME seeks to establish a
globally harmonized format for explosives
security markings by adding a new Section
1.4.4 to Chapter 1.4 of the Model
Regulations.
89
Globally harmonized standard for explosives security
markings
INTRODUCTION:
1.
At the forty-third session of the Sub-Committee,
in informal document INF.18, IME discussed
that there is a critical need for successful tracing
of recovered explosives, and that the placement
of marks on articles and substances of Class 1
based on a globally harmonized marking format
would be a critical component of successful
tracing globally.
90
Globally harmonized standard for explosives security
markings
2. The Working Group on Explosives
(EWG) agreed that a globally harmonized
format for marking, most likely based on
the European Union format, might be
worthwhile. The Sub-Committee agreed
with the EWG and encouraged IME to
submit a formal proposal.
91
Globally harmonized standard for explosives security
markings
3. At the forty-fifth session of the SubCommittee, a formal proposal was submitted in
working paper ST/SG/AC.10/C.3/2014/5
(2014/5). Several experts supported the
proposal; however, several questions of principle
were raised that IME had not addressed in
2013/4. It was suggested that IME further
investigate those questions of principle and
address them in an improved proposal at the 46th
Session of the Sub-Committee.
92
Globally harmonized standard for explosives security
markings
DISCUSSION
1.
It is well known that many countries and law
enforcement agencies desire to have explosives
uniquely identified to facilitate their traceability in the
event of loss or theft, or for security purposes. When
present, such security markings would assist law
enforcement and government officials to determine
from where confiscated, discovered, and/or recovered
explosives were acquired.
93
Globally harmonized standard for explosives security
markings
DISCUSSION
Establishing from where in the chain of custody such
explosives were acquired may assist these officials in
identifying those who may have illicitly obtained such
explosives and may aid in reducing the availability of
such explosives, thus increasing the overall security of
the world from attacks using explosive articles and/or
substances.
94
Globally harmonized standard for explosives security
markings
2. Indeed, within the European Union, Directive
2008/43/EC mandates such a marking system.
Other countries have also mandated, or have
under consideration, requirements for marking,
serialization and/or traceability of explosives.
These include: Argentina, Australia, Brazil,
Canada, China, India, Kazakhstan, Peru, Russia,
and the USA.
95
Globally harmonized standard for explosives security
markings
3. The result is a proliferation of disparate
systems utilizing differing formats of marking
for traceability. These disparate systems create
unintended consequences. Such disparate
systems undermine the ability of countries to
trace products that illegally cross national
boundaries, needlessly complicate efforts of
manufacturers to identify, maintain inventories
and record individual lots that are destined for
the different countries, and mean that the same
marking could have different meanings in
different countries defeating the purpose for the
marks.
96
Globally harmonized standard for explosives security
markings
4. IME proposes to globally standardize such security
markings into a harmonized format so that, when marks
are used, interpretation of those markings can be done
quickly and efficiently, enabling law enforcement officials
to advance their investigations without undue delays.
Since almost all Class 1 articles and substances must at
some time be transported, the United Nations
Recommendations on the Transport of Dangerous
Goods, in the form of the Model Regulations, appears to
be the most appropriate instrument to enable such
harmonized identification information to be adopted
universally.
97
Globally harmonized standard for explosives security
markings
5. The structure proposed by IME recognizes
that the key information for traceability is the
name and location of the manufacturer of the
product and a code that can be used to uniquely
identify the individual explosive item. This
proposal only deals with the format of such a
marking and does not advocate any physical or
chemical modification of the explosive material
contained in the product (chemical or
microscopic identifiers or taggants).
98
Globally harmonized standard for explosives security
markings
6. The format proposed by IME is based on the
harmonized system of the European Commission
Directive 2008/43/EC (as amended by Directive
2012/4/EU), which is believed to be the most commonly
used marking format. Much of global industry has
already adopted this format for transport to, within, and
through the European Union. Since the proposed
marking format simply extends the country identifier
beyond that of the EU, it is believed that such a format
would have no impact on markings already being used
within the European Union.
99
Globally harmonized standard for explosives security
markings
7. It is IME’s hope that those countries outside of the
European Union that have already mandated security
marking requirements will authorize the proposed format
as an acceptable alternative to that which they have
already mandated. Additionally, it is hoped that those
countries planning to mandate such marking will accept
the proposed format as their mandated format or at least
as an acceptable alternative. The USA’s Bureau Alcohol,
Tobacco, Firearms, and Explosives (ATF) has already
accepted the EU-based format as an alternative for use in
that country. Additionally, Brazil has accepted the format
on a case-by-case basis.
100
Globally harmonized standard for explosives security
markings
9. PROPOSAL
The Sub-Committee is requested to add a note to
Table 1.4.1 in Chapter 1.4 of the Model
Regulations directing the reader to the provisions
of a new Section 1.4.4 to be added to Chapter 1.4.
The proposed note is shown in “Amendment 1”
in Annex 1. Further, the Sub-Committee is
requested to a add a new section 1.4.4 to Chapter
1.4 of the Model regulations describing the
globally harmonized explosives security marking
format as shown in “Amendment 2” in Annex 1.
101
Any other business
2. Obligation of End-Users
Ivana raised the question concerning the disparate
systems of Obligation of End-Users in the EU. In some
member states end-users are exempted from the duty to
read data, whereas in others they have to fulfill their
obligations according to Article 13 of the Directive:
102
Any other business
THE DIRECTIVE IS VERY CLEAR IN THIS POINT!
Data collection:
1. Member States 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.
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
103
Obligation of End-Users
Who are involved?
All the supply chain from the manufacturer
/ importer /distributor to the end user,
including transport in terms of movement
of explosives.
104
Obligation of End-Users
Definitions
1. WHAT IS AN END USER?
The end user would be the last undertaking to take possession or
custody and to use the explosive, for example operating blasting
on site. In certain cases this could be the subcontracting company
undertaking the blasting. In other words, those responsible for the
last place of storage on a site prior to use should keep records
from the time they take possession or custody of the explosive
until it is used. It should not however normally be necessary for
records to be kept on the individual person, such as the individual
shot-firer, to whom the explosive is given to use.
105
Obligation of End-Users
What are the legal responsibilities of an end user?
Member States lay down rules on penalties applicable
to infringements of the provisions of national law
adopted pursuant to this Directive and ensure that
those rules are enforced. The penalties provided for
should be effective, proportionate and dissuasive.
Legal responsibilities of undertakings as end users are
affecting the whole chain from the CEO of the company
to the single worker with any relationship with the
explosives (Shotfirer, technical supervisor,
administrative responsible for the custody of the
explosive and products information, …)
106
Obligation of End-Users
It is highly recommended for end user
companies to clearly define an internal
procedure to identify the chain of control of
the explosive and related on-site information
including the names, job positions and
responsibilities along the supply chain.
107
Obligation of End-Users
What are the main obligations for an end user?
a. Put in place a system for collecting data in
relation to explosives including their unique
identification throughout the supply chain and
life cycle.
b. The system could be digital or manual.
c. Keeping a record of all identifications of
explosives – identification code, together with all
pertinent information including the type of
explosive, the company or person to the custody
of whom it was given.
108
Obligation of End-Users
The volume and the complexity of the collected data can
lead to the choice of an electronic system.
b. Record the location of each explosive while the explosive
is in their possession or custody until it is used.
c. Each end user has to define a procedure to grant that
there is no gap in the traceability and identification of
custody between the reception of the explosive and its
use in regards to the law.
d. In the activities of reception, use of the explosive,
and/or storage on-site, which can be coupled or
separated activities, the chosen procedures have to be
notified clearly for data process management to Track
and Trace suppliers.
109
Obligation of End-Users
c. At regular intervals test their data collection system in
order to ensure its effectiveness and the quality of the
data recorded.
d. Protect the data collected against accidental or malicious
damage or destruction.
e. Maintain the information for a 10 years period after the
end of the life cycle of the explosive even if the company
has ceased its activity.
f. Inform the competent authorities upon their request
(24/24 hours a day, 365 days a year, 10 years) concerning
the origin and location of each explosive.
g. Provide the responsible Member State authorities with
the name and contact details of a person able to provide
110
the information described.
Obligation of End-Users
What will happen if the system is not in place on my site in
due time?
Existing explosives in each site must be marked, identified
and controlled according with the provisions of the
Directive, to avoid any infringement to the laws and legal
responsibilities.
2. In case no system has been put in place to trace and
identify explosives, the competent authority could stop
the supply of explosives which would have an economic
impact on the development of the activities.
1.
111
Obligation of End-Users
Is the T&T system handled homogeneously
in all EU Member States?
Meanwhile FEEM has contacted the
Commission (and UEPG) for clarification.
We realize that by implementing different
standards their might be a competitive
discrimination.
112
Any other business
3. Detonating Cords
FEEM received the following question from a member:
Detonating cords with more than Ø8,5 mm should have
a “marking” every 5 m on the cord and a “marking” on
the spool. Since the Directive doesn’t mention an
associated label on the spool the member assumes that
the marking on the detonation cords is identical with the
unique identification on the spool. This would mean that
the 5 m markings are all identical when they come from
one spool. Is this assumption correct? If this is the case,
then the spools would be an item and of course also the
cord on the spool. If this would not be the case, then
spools with cords of >Ø 8.5 mm would logically be an in
"inner packing" and the 5m-pices "items“.
113
3. Detonating Cords
Detonating cords and safety fuses (Article 10)
For detonating cords and safety fuses, 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 fuse or the plastic extruded inner layer immediately
under the exterior fibre of the cord or fuse. An associated
label shall be placed on each case of detonating cord or
fuse.
114
3. Detonating Cords
I THINK THE CORRECT ANSWER IS:
The complete cord on spools/reels is an item
If the 5 m lengths were an item, then there must
be a new identification every 5 m. Since the
marking on the cord has no Datamatrix, it would
be impossible to register electronically.
115
4. ADR Changes Explosive Vehicles
THE UN WORKING PARTY ON THE TRANSPORT OF
DANGEROUS GOODS HAS RECEIVED A PROPOSAL
TO REVIEW THE ELECTRICAL LAYOUT OF
EXPLOSIVES VEHICLES: e.g.
9.2.2.6 Provisions concerning that part of the electrical
installation situated to the rear of the driver's cab.
116
4. ADR Changes Explosive Vehicles
THE UN WORKING PARTY ON THE TRANSPORT
OF DANGEROUS GOODS HAS RECEIVED A
PROPOSAL TO REVIEW THE ELECTRICAL
LAYOUT OF EXPLOSIVES VEHICLES: e.g.
9.3.7.2
Any lighting in the load compartment of
EX/II vehicles shall be on the ceiling and covered, i.e.
with no exposed wiring or bulb.
117
4. ADR Changes Explosive Vehicles
THE UN WORKING PARTY ON THE TRANSPORT OF
DANGEROUS GOODS HAS RECEIVED A PROPOSAL TO
REVIEW THE ELECTRICAL LAYOUT OF EXPLOSIVES
VEHICLES: e.g.
9.2.2.3.2 A control device (BMS = Battery Master Switch) to
facilitate the disconnecting and reconnecting functions of
the switch shall be installed in the driver's cab. It shall be
readily accessible to the driver and be distinctively marked.
It was decided that the question concerning delete the
BMS for EX/III and the use of the BMS should be
discussed with explosives experts first.
118
5. Consequences of the Maxam Accident
Discussion on the potential
consequences of the Maxam
accident in Scandinavia
119
6. Subjects for discussion at the next meeting
120
6. Subjects for discussion at the next meeting
Review of
FEEM GUIDANCE NOTE N°18
CARRIAGE OF EXPLOSIVES
You will find the text on our home-page.
121
Statistics 2013
122
Explosives 2013
123
Explosives Statistic 2013
The volume of explosives consumed (not
manufactured!) in Europe (EU27 + Norway &
Switzerland) in 2013 amounted to
580.000 tons
This is 9 % higher compared to 2012.
124
Total Explosives 2013
580,4
600
532,1
550
500
+ 9,1%
450
400
350
300
Year 2012
Year 2013
125
EXPLOSIVES DEVELOPMENT 1995 – 2013 (1.000 tons)
650
621
600
587 584
602
586 588
580
561
550
532
497
500
477
442 439 440 450
450
400
350
399
385
410
353
300
Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year Year
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
126
EXPLOSIVES MARKET
BY SHARES (2013 ./. 2012)
Others
3% (4%)
NG
8% (8%)
ANFO
29%
(31%)
Cartr. EMS
10% (10%)
Bulk EMS
50% (47%)
127
128
Ye
ar
Ye 1 9 9
ar 5
Ye 1 9 9
ar 6
Ye 1 9 9
ar 7
Ye 1 9 9
ar 8
Ye 1 9 9
ar 9
2
Ye 0 0
ar 0
Ye 2 0 0
ar 1
Ye 2 0 0
ar 2
Ye 2 0 0
ar 3
Ye 2 0 0
ar 4
Ye 2 0 0
ar 5
Ye 2 0 0
ar 6
2
Ye 0 0
ar 7
Ye 2 0 0
ar 8
Ye 2 0 0
ar 9
Ye 2 0 1
ar 0
Ye 2 0 1
ar 1
Ye 2 0 1
ar 2
20
13
NG Development 1995 - 2013
90
84
80
70
60
40
78
73
69
76
70
69
69
70
71
64
65
58
58
62
57
60
50
42
30
129
46
Bulk Emulsions in Ktons
289,6
300
280
260
243,7
240
+ 18,8%
220
200
180
160
140
120
100
Year 2012
Year 2013
130
Packaged Emulsions in Ktons
56,7
58
56
54
54
52
+ 5%
50
48
46
44
42
40
Year 2012
Year 2013
131
Emulsions 1995 - 2013 in 1.000 tons (incl.
Packaged Products)
400
350
300
346
250
290 295 290 298
200
150
100
188
93 86 98 100 108 107 108
139
132 137 137 144 145
50
Year 2013
R1
Year 2011
Year 2009
Year 2007
Year 2005
Year 2003
Year 2001
Year 1999
Year 1997
Year 1995
0
132
ANFO in Ktons
180
169,9
170,8
170
+ 0,5%
160
150
140
130
120
110
100
Year 2012
Year 2013
133
Year 2013
150
Year 2012
217
Year 2011
200
Year 2010
217
Year 2009
227 227 228 229
Year 2008
Year 2007
Year 2006
Year 2005
227 229 229
Year 2004
Year 2003
Year 2002
220
Year 2001
210
Year 2000
232
Year 1999
246
Year 1998
250
Year 1997
Year 1996
230
Year 1995
ANFO 1995 - 2013 in 1.000 tons
250
240
235 237
226
213
217
190
180
170
160
170 171
R1
134
Others in Ktons
25
22,4
17,8
20
- 10,5%
15
10
5
0
Year 2012
Year 2013
135
Detonators 2013
136
Detonator Statistic 2013
The amount of detonators consumed (not
manufactured!) in Europe (EU27 + Norway &
Switzerland) in 2013 amounted to
61,870 mio. units
This is more or less the same than in 2012 (61,132)
137
Total Detonators 2013 in 1.000
70000
61.132
61.870
60000
50000
+ 1,2%
40000
30000
20000
10000
Year 2012
Year 2013
138
DETONATORS MARKET SHARES (mio. units)
Electronic;
0,98
Electric;
25,7
Nonelectric;
35,1
139
Electric Detonators in 1.000
30000
25.088
25.764
25000
+ 2,7%
20000
15000
10000
5000
Year 2012
Year 2013
140
Non-Electric Detonators in 1.000
40000
35.078
35.130
35000
30000
+ 0,01%
25000
20000
15000
10000
5000
Year 2012
Year 2013
141
Electronic Detonators in 1.000
966
976
1000
900
800
+ 0,01%
700
600
500
400
300
200
100
Year 2012
Year 2013
142
Detonating Cords 2013
71,3
80
70
60,9
60
50
40
30
20
10
Year 2012
Year 2013
143
Boosters & Primers 2013
5.500.000,0
5.000.000
5.000.000,0
4.500.000,0
4.000.000,0
3.500.000,0
3.000.000,0
2.500.000,0
2.000.000,0
1.900.000
1.500.000
1.500.000,0
1.200.000
1.000.000
U
nd
ay
er
la
it z
N
or
w
S
w
ni
te
d
K
S
w
in
gd
ed
e
om
n
a
S
lo
va
ki
d
ol
an
m
G
er
P
an
y
e
nc
Fr
a
d
Fi
n
la
n
k
D
en
m
ar
ria
ul
ga
B
um
el
gi
B
A
us
tri
a
1.000.000,0
144
Explosive Production Sites & Staff 2013
6000
Staff; 5.520
Staff; 5.430
5000
4000
3000
2000
1000
Sites; 92
0
Year 2012
Sites; 94
Year 2013
145
8. Date & Place of the next meeting:
Tuesday, 10 March 2015
from 09h00 to 13h00
at
Hotel Manos Premier
100-106 Chaussée de Charleroi,
1060 Bruxelles, Belgique
Tel : +32 2 537 96 82
Fax : +32 2 539 36 55
Email : [email protected]
(We meet on Monday, 09 March for dinner in the hotel at 19h00)
146
Thank you for your attention
147