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FEEM GUIDANCE NOTE ON THE EUROPEAN CODE STRUCTURE.

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1 FEEM GUIDANCE NOTE ON THE EUROPEAN CODE STRUCTURE

2 UPGRADE OF FEEM GUIDANCE NOTE ON THE EUROPEAN CODE STRUCTURE After several meetings of the Security Working Group FEEM finally agreed on the modifications and approved the final version at our March 2013 meeting in Brussels. In April FEEM distributed the document to its members & end-user organisations (e.g. UEPG, EASSP, Euromines, EURACOAL, EFFEE, Eurocement) and to the EU Commission, Notified Bodies and Competent Authorities. The text with its appendices was edited on FEEM’s home-page and it was also officially published on the COMMISSION’S HOME-PAGE in JUNE 2013. This has got official and regulatory character now and will enable LAW ENFORCING BODIES and PUBLIC AUTHORITIES to work according to FEEM standards. You can down-load the revised document on FEEM’s web-site. UPGRADE OF FEEM GUIDANCE NOTE ON THE EUROPEAN CODE STRUCTURE After several meetings of the Security Working Group FEEM finally agreed on the modifications and approved the final version at our March 2013 meeting in Brussels. In April FEEM distributed the document to its members & end-user organisations (e.g. UEPG, EASSP, Euromines, EURACOAL, EFFEE, Eurocement) and to the EU Commission, Notified Bodies and Competent Authorities. The text with its appendices was edited on FEEM’s home-page and it was also officially published on the COMMISSION’S HOME-PAGE in JUNE 2013. This has got official and regulatory character now and will enable LAW ENFORCING BODIES and PUBLIC AUTHORITIES to work according to FEEM standards. You can down-load the revised document on FEEM’s web-site.

3 The UN 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) have met in Geneva on 23 June – 02 July 2013 for their forty-fifth session. Under Item XX of the agenda they proposed a “HARMONIZED INTERNATIONAL STANDARD FOR EXPLOSIVES TRACEABILITY MARKINGS“: “The sub-committee is requested to add a new paragraph 1.4.4, Provisions for Unique Identification of Class 1 Explosives (when required by National Authority), to Chapter 1.4, Security Provisions, of the Model Regulations.” The paragraph 1.4.4 is identical to the European Track & Trace regulations and matches the FEEM’s coding structure. EUROPEAN TRACK & TRACE CODE

4 4 During the latest meeting of the EU Explosives Working Group on 18 October 2013 the US IME presented a room document setting out its preliminary proposals to the forty-fifth session in mid-2014 of the Sub-Committee of Experts on the Transport of Dangerous Goods of the UN Committee of Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of Classification and Labelling of Chemicals, for a harmonised format for traceability markings based on the EU FORMAT and the FEEM GUIDANCE. EUROPEAN TRACK & TRACE CODE (cont.)

5 FEEM is all in favour towards such a harmonized marking format which enhances the security of explosives on a global level and it is of course of practical and economic value to the European explosives industry. EUROPEAN TRACK & TRACE CODE (cont.)

6 2.HOWEVER, FEEM PROPOSED SOME CHANGES TO THE IME PAPER: a)“Unique identification that shall be marked on or firmly affixed to each explosive article concerned and each smallest packaging unit, in A DURABLE WAY AND SO TO ENSURE THAT IT IS CLEARLY LEGIBLE. MARKINGS SHALL NOT BE EASY TO REMOVE AND BE AS PERMANENT AS TECHNICALLY AND PRACTICALLY FEASIBLE” (= IME text) FEEM suggests to delete “SMALLEST PACKAGING UNIT”, because this term is unknown in ADR. Within the terminology of ADR a “packing unit” is defined as “sales-packaging” or “outer-packaging”. The IME proposal could be interpreted in such a way, that the unique identifications have to be printed or labelled on the sales packagings as well. The EU-Directive however, is mentioning “associated labels for each case of detonators, cartridges …”FEEM suggests to delete “SMALLEST PACKAGING UNIT”, because this term is unknown in ADR. Within the terminology of ADR a “packing unit” is defined as “sales-packaging” or “outer-packaging”. The IME proposal could be interpreted in such a way, that the unique identifications have to be printed or labelled on the sales packagings as well. The EU-Directive however, is mentioning “associated labels for each case of detonators, cartridges …” EUROPEAN TRACK & TRACE CODE (cont.)

7 7 The wording: "...SHALL NOT BE EASY TO REMOVE AND BE AS PERMANENT AS TECHNICALLY AND PRACTICALLY FEASIBLE“ could be tricky: e.g.: a)Does a simple adhesive tag on detonator wires or shock-tubes comply with this requirement "shall not easy to be remove" if it could easily be removed with a knife, a scissors or by other means? There are very expensive multi- layer plastic labels with cutting protection on the market, which also offer only a limited protection. However, they are “state-of-the-art” and reflect what is “technically and practically feasible” today. b)Is a normal inkjet-paint for the printing on cartridges sufficient or does only a special ink with insoluble ink-particles reflects the today’s state of technology? c)Does the industry have to apply state-of-technology adhesive labels with a special hard-to-remove adhesive? (which are extremely expensive – but of course such special glues are available on the market)? EUROPEAN TRACK & TRACE CODE (cont.)

8 8 FEEM SUGGESTED TO DELETE THESES PASSAGES COMPLETELY BECAUSE IT MIGHT ONLY PROVOKE USELESS DISCUSSIONS AND PROBLEMS. EUROPEAN TRACK & TRACE CODE (cont.)

9 A modified paper will be presented at the next UN meeting in Geneva in June 2014. If it is accepted by the committee it will most probably enter into the Orange Book and subsequently into ADR (Accord Européen relatif au transport international des marchandises Dangereuses par Route) in 2016. EUROPEAN TRACK & TRACE CODE (cont.)

10 SECURITY VETTING OF PERSONNEL INVOLVED IN THE WHOLE SUPPLY CHAIN OF EXPLOSIVES AND CBRN MATERIALS Within the 48 measures to enhance the security of explosives in Europe was the adopt a harmonized pre-Employment Background Check (EBC) to be used in all Member States. Within the 48 measures to enhance the security of explosives in Europe was the intention to consider possible measures at the EU level to adopt a harmonized pre-Employment Background Check (EBC) to be used in all Member States.

11 The Commission made a study in order to give an overview of existing policies and practices in the area of personnel vetting and background checks in the EU and to explore areas where possible policy initiatives at EU level would have added value in terms of enhancing security. This relates to personnel dealing professionally with explosives and high-risk CBRN material, including external workers, contractors and personnel who may have access to sensitive information that could be misused for malicious purposes. The study covered 15 Member States and approximately 85% of the EU27 population. SECURITY VETTING OF PERSONNEL

12 A specific objective of the study was to analyze the EU dimension and cross-border aspects connected with security vetting / background checking practices. In particular given that the FREE MOVEMENT OF WORKERS is a fundamental principle of the EU and a policy chapter of the ACQUIS COMMUNAUTAIRE of the European Union, an authority in one Member State should be able to verify that an individual from another Member State holds an appropriate and current clearance/ certificate. However, although this principle is enshrined in Article 45 of the TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION, the study established that this is currently not possible across all Member States for many employers. As an example, the Criminal Records Bureau (CRB) in different Member States apply differing criteria, depth of checks and period of validity and so to ensure compliance with the principle, it is necessary to calibrate them against each other. SECURITY VETTING OF PERSONNEL

13 The overall key recommendation of the study and the first in the group of Best Practice Recommendations is: To adopt a harmonized pre-Employment Background Check (EBC) to be used in all EU- Member States. SECURITY VETTING OF PERSONNEL

14 The Study identified that a harmonized best practice EBC standard is already used widely in both the private sector and the public sector in a majority of Member States. Research has also shown that regulated industries in the UK, USA, Canada, Australia and the EU e.g. Nuclear, EXPLOSIVE and Global Telecommunication industries use their own harmonized robust EBC standards. SECURITY VETTING OF PERSONNEL

15 The overarching principle of the EBC is confirmation of the following elements:   Identity and address   Nationality and immigration status (including entitlement to undertake the work in question)   Employment history (minimum past 3 years) and details of education   Financial check through a recognized credit reference bureau   Unspent criminal convictions or other police checks   Checking of at least 2 character referees Additionally, prospective employees should be required to give a reasonable account of any significant periods (six months or more in the past 3 years) of time spent abroad. SECURITY VETTING OF PERSONNEL

16 Concerning the EXPLOSIVES INDUSTRY the Experts stated: European legislation regulates the physical and personnel security of virtually all aspects of the EXPLOSIVES INDUSTRY. There is recognition that diversion of raw materials and finished product for terrorist activity is a real threat. Consequently, personnel screening, regulation and audit are routine in some Member States and there is a ready acceptance of the need for these measures. Where fully adopted, the EXPLOSIVES INDUSTRY in some Member States demonstrates BEST PRACTICE which could be adopted across the CBR industries. SECURITY VETTING OF PERSONNEL

17 In this context CEFIC has developed and published a Security Vulnerability Assessment Tool: The Security Vulnerability Assessment Toolkit (SVA) of Industrial Sites seeks to identify those risks which may result in catastrophic effects, it offers a methodology to both modify the risk and suggestions for controls which may mitigate or reduce the risks. The SVA TOOLKIT develops a risk log which will record information on which risks the company chooses to mitigate and which to accept. Ultimately the only mitigation of the risk available may be through financial means by accessing enhanced specialist insurance premiums and even these may still leave some residual risk with the company, however the SVA Toolkit will ensure that the full extent of these residual risks will have been identified. You find more information about this tool on FEEM’s web- site. SECURITY VETTING OF PERSONNEL

18 18 The Spanish SCEPYLT coordinator recalled some of the obstacles to implementation of the system in the period up to the end of 2013, when the DG Home grant expired. Only eight Member States had made financial contributions to the project (13,847 EUR each), which had a final budget of around € 980,000 in 2013 (80% funded by DG Home). Since then the system continued to be used; 12 Member States were connected, with just 5 using it (Spain, France, Portugal, Belgium and the Netherlands), 3 others (Germany, Poland and UK) using it on a test basis and Italy to start testing soon. In 2013 about 75 approvals had been granted for transports with about 50 pending. UPDATE ON SCEPYLT (paperless European transfer process), THE PAN-EUROPEAN INFORMATION SYSTEM ON EXPLOSIVES CONTROL TO PREVENT AND FIGHT AGAINST TERRORISM, AND ITS FUTURE

19  Italy explained that further training of prefecture staff would be necessary before Italy could start the operational phase. National funding for this would be facilitated if the system was linked to TRACEABILITY, which Italy saw as an important objective of the system, with access provided to operators to input the necessary data.  Portugal confirmed that it was using the system, which was working well. It no longer used a paper-based system for approvals involving other SCEPYLT users. Extending the system to cover TRACEABILITY would however require careful reflection. UPDATE ON SCEPYLT (cont.)

20 Germany also had concerns about extending the system to TRACEABILITY. Internal transfers would not be covered by the system and it would be difficult to manage, given the large volume of data that would be involved (e.g. as regards shipments of fuses and detonators). Germany also pointed out that the vast majority of transfer approvals continued to be paper-based and wondered whether fees may be a barrier to greater use of the system. The chairman noted, that it would be useful if Member States could provide updated information about their fee structures for transfer approvals so that there was an overview on this. UPDATE ON SCEPYLT (cont.)

21  The UK said that it hoped to resolve connectivity issues and be able to use the system shortly. It echoed the concerns about using SCEPYLT as an instrument for traceability at this time.  The representatives from FEEM, Switzerland and EFEE reiterated the doubts expressed about including traceability and questioned what useful purpose would be served linking such information to the transfer approval system. UPDATE ON SCEPYLT (cont.)

22 22 IMPLEMENTATION OF COMMISSION DIRECTIVE 2008/43/EC SETTING UP A SYSTEM FOR THE IDENTIFICATION AND TRACEABILITY OF EXPLOSIVES FOR CIVIL USES STATUS OF PREPARATIONS BY INDUSTRY, INCLUDING GUIDANCE FEEM reported to the Commission, that from 5 April 2013 all explosives manufactured by FEEM member companies are being marked in accordance with the Directive. FEEM is assisting end-user organisations like UEPG in their efforts to ensure that customers are aware of the system and its requirements. All member companies are using FEEM's European Code Structure, the guidance on which was updated in April 2013 (EU Doc 5.a.1) to cover not only the mandatory information requirements, but also recommendations to distributors and re-packagers to voluntarily use THREE LETTER CODES to identify them. FEEM also offered to develop a password-protected software application (APP) that would enable competent national authorities to identify the manufacturing site for each explosive, providing information about the EU manufacturer or importer, their address and contact details, etc.

23 23 ITEM 8 IME Letter by Debra Satkowiak

24 24 Our old friend Chris Ronay has retired from IME. Chris became the president of the IME on October 1, 1994. He came to the Institute following a career of 23 years as a Special Agent of the FBI. Chris sent these words to FEEM: “In many ways this will be a melancholy affair. IME has been such a great part of my life for nearly 20 years that I’m not sure how to deal with leaving it all behind. It seems like a replay of my first retirement from the FBI, leaving friends and colleagues from many sectors. Chris Ronay

25 25 “During my time with IME, no other organization has held the influence and importance for me as FEEM. Most remarkably you Hans, John Dolan and Frank Murray have embodied the Federation and become so close to IME. For this and your friendship I am most grateful and thank you. May we always stay in touch!”

26 26 HIS SUCCESSOR IS HIS SUCCESSOR AS PRESIDENT IS DEBRA SATKOWIAK.

27 27 The Institute of Makers of Explosives, the safety and security organization of the commercial explosives industry, is very pleased to announce the hiring of Debra Satkowiak as IME’s new President. Until recently, Debra had been the Chief of the Firearms and Explosives Industry Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”). “Deb has had an outstanding career with the ATF. No one knows more about explosives regulation or better understands the need for industry and government to work together to achieve mutually shared explosives safety and security objectives than Deb Satkowiak,” stated Tim O’Brien, President of Detotec North America, Inc. and Chairman of the IME. He added, “As the new President of IME, Deb’s ability to encourage and foster cooperation between the industry and government agencies will be a key strength moving forward.” Press Release by the IME

28 28 Ms. Satkowiak served for 23 years in a variety of positions at ATF, culminating in her appointment to the Firearms and Explosives Industry Division in 2010. Over those 23 years, Deb’s experience encompassed field inspections, advanced training, development of explosives policy and regulations, media and legislative affairs, and executive leadership. Her background, which includes extensive interaction with blasters and other direct users of commercial explosives, distributors, manufacturers, consultants, and company executives, has provided her with a sound background in the technical aspects of the products IME’s member companies handle every day. Press Release by the IME

29 29 Unfortunately Debra will not be able to attend this FEEM AGM in Warsaw. She writes, that she is disappointed, but a combination of her new arrival to the job and preparing for IME’s Spring Meeting beginning of June is preventing her from traveling to Europe. However, she sends this message to FEEM:

30 30 FEEM WORKING GROUPS Item 9 THE FEEM WORKING GROUPS

31 31 FEEM WORKING GROUPS 4 FEEM Working Groups have been active in 2013 and 2014:  HEALTH AND SAFETY  TRANSPORT  BLASTING PRACTICES  TRACK & TRACE AD-HOC WORKING PARTY (2013)

32 32 HEALTH AND SAFETY WORKING GROUP Members  Severine Gautrau, Davey Bickford, France  Jean-Paul Reynaud, Titanobel, France  Maurice Delaloye, SSE, Switzerland  Martin Klein, DynaEnergetics, Germany  Jaroslav Konarik, Austin Detonators, Czech Republic  Hans Karlström, Kimit, Sweden  Jose Castresana, Maxam, Spain  Xavier Lopez Amigo, Maxam, Spain  Walter Panchyrz, Orica, Germany  Thierry Rousse, EPC, France  Janusz Drzyzga, Nitroerg, Poland  David White, EPC, U.K.  Matti Vähäpassi, Forcit, Finland  Marin Dorobantu, Weatherford Atlas, Romania

33 33 HEALTH AND SAFETY WORKING GROUP The Group has met two times since the 2013 AGM on 16 September 2013 in Budapest on 25 March 2014 in Prague

34 34 HEALTH AND SAFETY WORKING GROUP The main subjects which were discussed are:  Trace & Track Directive  Practical experience in production & application  The IPPC process & the impact on explosives sites  Elaborating the Best Available Techniques Reference (BREF) documents concerning H&S  New environmental requirements for IPPC production sites  Precursors Guidance  Preparation of a new FEEM guidance note on categorisation & classification of incidents (CGP 32)  Near misses & unusual occurrences  Exchange of experiences & learnings

35 35 HEALTH AND SAFETY WORKING GROUP H&S Group Chairmanship Since 2011 the chairmanship of this group has been vacant. The last chairman was Pat Cosgove from Irish Industrial Explosives, who left the European explosives business in 2011. Since then the SG has taken over the duties of this job. However it is of importance for the sustainability of this group to select a member of this group to this position.

36 36 HEALTH AND SAFETY WORKING GROUP H&S Group Chairmanship The group suggested Jean-Paul Reynaud from Titanobel as their new Chairman. Jean-Paul was elected unanimously by all the delegates. He accepted the vote and the group and the SG congratulated Jean-Paul to this important and responsible position.

37 37 BLASTING PRACTISE WORKING GROUP MEMBERSHIP Mark PegdenEPC UK Frank HammelmannOrica, Germany Marcos PerenaMaxam, Spain Knut Tanbergmoen Forcit, Norway

38 38 BLASTING WORKING GROUP The Blasting Practice Working Group has met twice since the last AGM 2013: 1. On 17 September 2013 in Prague, Czech Rep. 2. On 27 March 2014 in Brussels, Belgium

39 39 BLASTING PRACTISE WORKING GROUP The main working subjects were:  Finalization of a new Technical Bulletin “Safe Operation on the Bench”  New TG 12: "Loading of bulk explosives“  Learnings from blasting related near misses & unusual occurrences.

40 40 TRANSPORT WORKING GROUP Membership  Bengt Folkesson (Chairman), EPC Group, Sweden (until Sept. 2013)  Marlies Becker, Orica Europe, Germany  Francois-Xavier Dugres, Davey Bickford, France  Marcin Slimak, Nitroerg, Poland  Jon Jones, Austin International, UK  Ivana Jakubkova, Austin Detonators, CZ  Martin Klein, DynaEnergetics, Germany  Jean-Paul Reynaud, Titanobel, France  Janusz Drzyzga, Nitroerg, Poland  Maurice Delaloye, SSE, Switzerland  Rafael Lopez-Loriente, Maxam, Spain  Marin Dorobantu, Weatherford Atlas, Romania  Joanna Flak, Nitroerg, Poland

41 41 TRANSPORT WORKING GROUP The FEEM Transport and Storage Working Group has met two times since the last AGM in 2013.  on 16 September 2013 in Budapest  on 25 March 2014 in Prague

42 42 TRANSPORT WORKING GROUP The main working subjects were:  Directives 93/15 & 2008/43 and its impact on the Supply Chain Processes  FEEM Guidance Note & XML fields & ISO Code  Requirement for Transporters to Maintain Records  CLP Process & related Directives and Regulations  Learnings from transport related incidents and accidents  Intra-EU transfer of explosives: procedure for returned consignments  Status Of Preparations By Industry, Including Guidance  Trace & Track Directive after implementation of 1st step & UEPG’s (European Federations of Aggregate, Cement & Mining Ind.) Action Plan regarding European process of cascading down to national end-user organisations.

43 43 TRANSPORT WORKING GROUP The Transport Working Group is also dealing with a proposal by the European truck manufacturers to modify the existing ADR requirements concerning the construction of Type III vehicles and MEMUs (chapt. 9.2) regarding: 1. Do away with the “Battery Master Switch” (9.2.2.3)! 2. Do away with the “24 Volts” regulation (9.3.7.2)! To 1) The intention to remove the Master Switch is not quite clear to us! To 2) Here the background is the use of Xenon lights, which need much higher voltages!

44 44 TRANSPORT WORKING GROUP ELECTION OF A NEW CHAIRLADY FOR THE TRANSPORT WORKING GROUP: Since Bengt Folkesson from EPC Nordic has retired from this Group it was necessary to elect a new chair. Marlies Becker from Orica offered herself for election and she was voted unanimously by the delegates. The group and the SG congratulated Marlies and wished her lots of success in this important position. Marlies Becker from Orica offered herself for election and she was voted unanimously by the delegates. The group and the SG congratulated Marlies and wished her lots of success in this important position.

45 Statistics 2013 ITEM 12 OF THE AGENDA

46 46 For several years FEEM has managed a confidential statistics service for its members. It acts as a trustee company in compliance with competition laws. In order to estimate accurate annual sales per product in Europe we need from you all your best sales estimates from all the countries your are represented in. We will consolidate your data and give global figures of the European sales estimate per product only to those companies which provided figures. The numbers are based on FEEM member’s input and represent the arithmetic average of the reported country numbers. Explosives & Detonator Statistic 2013

47 Explosives 2013

48 48 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. Explosives Statistic 2013

49 + 9,1%

50 EXPLOSIVES DEVELOPMENT 1995 – 2013 (1.000 tons)

51 EXPLOSIVES MARKET BY SHARES (2013./. 2012)

52

53

54

55

56

57

58

59

60 Detonators 2013

61 61 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) Detonator Statistic 2013

62

63 DETONATORS MARKET SHARES (mio. units)

64

65

66

67 Detonating Cords 2013

68 Explosive Production Sites & Staff 2013

69 69 Item 12 of the Agenda (RE)ELECTION TO THE EXECUTIVE COMMITTEE

70 1.) Re-election to the Executive Committee 2014: According to the “2 year rule” and according to Article 7.2 of FEEM’s Constitutionthe following Executives Committee Members have to step down at this meetingand stand for re-election: According to the “2 year rule” and according to Article 7.2 of FEEM’s Constitution the following Executives Committee Members have to step down at this meeting and stand for re-election:  Gianni Facchinetti  Ulf Sjöblom  Vicente Huelamo

71 1.) Re-election to the Executive Committee 2014: Gianni Facchinetti Vicente Huelamo Ulf Sjöblom I would like to ask the Delegates for their votes: 1.Votes Against: 2.Votes For: 3.Abstentions:

72 72 2.) Election to the Executive Committee: The Executive Committee Member Stephen Connolly from Orica has stepped down from the Committee as of 4 October 2013 and has suggested co-opting Jeff Court, Vice-President Orica Europe to the Executive Committee according to Article 7.2 of FEEM’s Constitution (CO-OPTION TO THE EXECUTIVE COMMITTEE). The Executive Committee has agreed unanimously to this process at their meeting on 4 October 2013. According to the Constitution Jeff has to step down at this meeting and has to offer himself for election.

73 73 2.) Election to the Executive Committee: Jeff Court I would like to ask the Delegates for their votes: 1.Votes Against: 2.Votes For: 3.Abstentions:

74 Item 13 CHANGE IN FEEM’S PRESIDENCY According to Articles 7.6 (ELECTION OF OFFICERS) and 9.2 (TERM OF OFFICE) of the Constitution the EXECUTIVE COMMITTEE has elected a new President and a new Vice-President from the members of the Committee.

75 Item 13 CHANGE IN FEEM’S PRESIDENCY After two years of excellent service Mr. Daniel Antille from SSE, Switzerland will step down and pass the Presidency on to Mr. Bertrand Pougny from EPC, France.

76 Item 13 CHANGE IN FEEM’S PRESIDENCY The Assembly welcomes the new officers and thanks Daniel Antille for his endeavoring service with a big applause.

77 77 ITEM 14 Any other business ?

78 78 DATE AND PLACE OF THE NEXT ANNUAL GENERAL MEETING in Rome, Italy on Wednesday, 03 June 2015 & a Gala Dinner on Tuesday, 02 June 2014 ITEM 15


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