A warm welcome to the Transport Working Group

A warm welcome to the Transport Working Group

Federation of European Explosives Manufacturers Meeting of the Transport Working Group Delegates on 30 September 2014 in Lisbon, Portugal

Meeting of the Transport Working Group
List of Participants Marlies Becker, Orica Europe, Germany, Chairlady Janusz Dryzga , Nitroerg, Poland Ivana Jakubkova, Austin Detonators, CZ Maurice Delaloye, SSE, Switzerland Martin Klein, DynaEnergetics, Germany Lucie Holubova, Explosia, CZ Marin Dorobantu, Weatherford, Romania Thierry Rousse, EPC, France Ignatio Oyarzabal, Maxam, Spain Apology Jon Jones, Austin, UK In attendance: Hans H. Meyer, FEEM, Belgium

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.

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: Prices Production details Transportation rates Market procedures

Opening remarks by the chairlady Marlies Becker
Meeting of the Transport Working Group (Draft) Agenda for 30 September 2014 Opening remarks by the chairlady Marlies Becker Compliance with the European and National Competition Laws and Regulations Hans Meyer Agenda and Approval Marlies Becker Minutes of the last meeting Marlies Becker and approval Secretary General’s Report Hans Meyer

(Agenda cont.) with, in particular: DIRECTIVE 2014/28/EU CLP UP-DATE New requirements for mixtures as of 1 June 2015 Proposal for review of Chapter 2.1 (Explosives) in the GHS Any other Business Globally harmonized standard for explosives security markings Obligation of End-Users Marking of large diameter detonating cords

(Agenda cont.) 6. Any other Business 4. ADR Changes Explosive Vehicles 5. European consequences of the Maxam Accident Subjects for discussion at the next meeting Statistics Date, place and time of next meeting

Meeting of the Transport Working Group Do you agree to this Agenda?

Item 4 Approval of the Minutes of the Transport Group Meeting held in Prague on Tuesday, 25th March 2014

Meeting of the Transport Working Group Do you approve these Minutes ?
Item 4 Do you approve these Minutes ?

Secretary General’s Report
Item 5 Secretary General’s Report DIRECTIVE 2014/28/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014

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.

DIRECTIVE 2014/28/EU – CIVIL EXPLOSIVES DIRECTIVE
This Directive incorporates a number of other Directives and Regulations such as: 93/15, 2008/43, 2004/57, 765/2008, 768/2008, 96/82, 2013/29, 91/477 and others, dealing with explosives and pyrotechnical articles.

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.

explosives, including ammunition, intended for
Directive 2014/28 What is not covered? explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police pyrotechnic articles falling within the scope of Directive 2013/29/EU (c) ammunition, save as provided for in Articles 12, 13 and 14.

Directive 2014/28 Major emphasis is focused on:
OBLIGATIONS OF MANUFACTURERS, such as 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.

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.

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: 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 explosive.

Directive 2014/28 or 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.

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.

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.

Directive 2014/28 The Directive also deals with the qualification of the CONFORMITY ASSESSMENT BODY (NB), e.g. their personnel shall carry out the conformity assessment activities with the highest degree of PROFESSIONAL INTEGRITY AND REQUISITE TECHNICAL COMPETENCE. 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.

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.

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.

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.

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.

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.

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:

Coffee Break for 30 Minutes

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 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.

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)

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.

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.

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.

– The UN-developed system „GHS“ stands for
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.

• criteria for the classification of physical, toxicological
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.

GHS - Overview (II)

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.

Geographical Limits of GHS

GHS - Current Status (July 2014)
Implementation by the national authorities Argentina Czech Republic Japan Nigeria Slovenia Australia Denmark Norway South Africa Austria Ecuador Latvia Paraguay Spain Belgium Estonia Liechtenstein Peru Sweden Bolivia Finland Lithuania Philippines Switzerland Brazil France Luxembourg Poland Thailand Brunei, Darussalam Gambia Madagascar Laos Transport of dangerous goods planned, Other sectors planned Transport of dangerous goods implemented, Other sectors planned Transport of dangerous goods implemented, Other sectors implemented

GHS - Current Status (July 2014)
Implementation by the national authorities Portugal United Kingdom Bulgaria Germany Malaysia Republic of Korea United States of America Cambodia Greece Malta Romania Uruguay Canada Hungary Mauritius Russian Federation Viet Nam Chile Iceland Mexico Senegal Zambia China Indonesia Myanmar Serbia Colombia Ireland Netherlands Singapore Cyprus Italy New Zealand Slowakia Laos Transport of dangerous goods planned, Other sectors planned Transport of dangerous goods implemented, Other sectors planned Transport of dangerous goods implemented, Other sectors implemented

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.

REACH / GHS - Timeline REACH 100 – 1000 t/a/LE 1 – 100 t/a/LE GHS ←
*) Also: CMR-Substances ≥ 1 t/a/LE, R50/53-Substances ≥ 100 t/a/LE Dangerous preparations Directive Substance Directive > 1000 t/a/LE*) 100 – 1000 t/a/LE 1 – 100 t/a/LE Pre-registration REACH Transition period Registration process GHS GHS-regulation ← ← means: former use of GHS possible Substance: Classification in SDS Labeling Mixture:

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.

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.

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 , Annex V

64 R-Phrases  62 Hazard Statements (H)
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

GHS - Precaution statement
54 S-Phrases  136 Precaution statements (P) 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 General 2 Prevention 3 Response 4 Storage 5 Disposal Precaution statement P201 – Obtain special instructions before use. Sequence in the group

GHS - Example of Labeling
 Infuences MSDS and also Labelling

GHS - correlation table
Some samples Übergangsfristen

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.

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 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.

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.

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 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.

GHS – Location of Information
Location of information on the label 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.

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.

REACH / GHS – Contact points
Important Definitions Registrant: means the manufacturer or the importer of a substance or the producer or importer of an article submitting a registration for a substance under Regulation (EC) No 1907/2006; Manufacturer: means any natural or legal person established within the Community who manufactures a substance within the Community; manufacturing: means production or extraction of substances in the natural state;

Important Definitions import: means the physical introduction into the customs territory of the Community;

Definitions Downstream user: means any natural or legal person established within the Community, other than the manufacturer or the importer, who uses a substance, either on its own or in a mixture, in the course of his industrial or professional activities. A distributor or a consumer is not a downstream user. A re-importer exempted pursuant to Article 2(7)(c) of Regulation (EC) No 1907/2006 shall be regarded as a downstream user;

Definitions Distributor: means any natural or legal person established within the Community, including a retailer, who only stores and places on the market a substance, on its own or in a preparation, for third parties;

Important Definitions
REACH Important Definitions Only representative of a non-Community manufacturer : 1. A natural or legal person established outside the Community who manufactures a substance on its own, in preparations or in articles, formulates a preparation or produces an article that is imported into the Community may by mutual agreement appoint a natural or legal person established in the Community to fulfill, as his only representative, the obligations on importers under this Title.

Important Definitions
REACH Only representative of a non-Community manufacturer : 2. The representative shall also comply with all other obligations of importers under this Regulation. To this end, he shall have a sufficient background in the practical handling of substances and the information related to them and, without prejudice to Article 36, shall keep available and up-to-date information on quantities imported and customers sold to, as well as information on the supply of the latest update of the safety data sheet referred to in Article 31. 3. If a representative is appointed in accordance with paragraphs 1 and 2, the non-Community manufacturer shall inform the importer (s) within the same supply chain of the appointment. These importers shall be regarded as downstream users for the purposes of this Regulation.

GHS Important Definitions Labeling Package: means the complete product of the packing operation, consisting of the packaging and its contents; Intermediate Packaging: means packaging placed between inner packaging, or articles, and outer packaging; Packaging: means one or more receptacles and any other components or materials necessary for the receptacles to perform their containment and other safety functions;

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.

GHS Important Definitions Classification Hazard Class: means the nature of the physical, health or environmental hazard; Hazard Category: means the division of criteria within each hazard class, specifying hazard severity; Hazard Pictogram: means a graphical composition that includes a symbol plus other graphic elements, such as a border, background pattern or colour that is intended to convey specific information on the hazard concerned;

GHS Important Definitions Classification Hazard Statement: means a phrase assigned to a hazard class and category that describes the nature of the hazards of a hazardous substance or mixture, including, where appropriate, the degree of hazard; Precautionary Statement: means a phrase that describes recommended measure (s) to minimize or prevent adverse effects resulting from exposure to a hazardous substance or mixture due to its use or disposal;

GHS Important Definitions Classification Signal Word: means a word that indicates the relative level of severity of hazards to alert the reader to a potential hazard; the following two levels are distinguished: (a) ‘Danger’ means a signal word indicating the more severe hazard categories; (b) ‘Warning’ means a signal word indicating the less severe hazard categories;

CLP Up-date Labelling Suppliers must label a substance or mixture contained in packaging according to CLP before placing it on the market either when: A substance is classified as hazardous A mixture contains one or more substances classified as hazardous above a certain threshold.

CLP Up-date 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:

CLP Up-date 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 centimetres.

CLP Up-date 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’.

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.

Precautionary statements
CLP Up-date 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 P403: Store in a well-ventilated place

CLP Up-date 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!

4. Harmonised Classification and Labelling
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.

5. Alternative chemical name in mixtures
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.

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.

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.

Proposal for CLP Review
The key issues being considered are: 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?

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;

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 and relevant NGOs.

7. Any other business

a) GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS
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

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 to Chapter 1.4 of the Model Regulations.

INTRODUCTION: 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.

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.

3. At the forty-fifth session of the Sub-Committee, 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.

DISCUSSION 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.

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.

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.

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.

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.

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).

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.

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.

9. PROPOSAL The Sub-Committee is requested to add a note to Table in Chapter 1.4 of the Model Regulations directing the reader to the provisions of a new Section to be added to Chapter The proposed note is shown in “Amendment 1” in Annex 1. Further, the Sub-Committee is requested to a add a new section to Chapter 1.4 of the Model regulations describing the globally harmonized explosives security marking format as shown in “Amendment 2” in Annex 1.

Any other business 2. Obligation of End-Users
relation to explosives including their unique identification explosives sector put in place a system for collecting data in 1. Member States shall ensure that undertakings in the throughout the supply chain and life cycle. 2. The data collection system shall allow the undertakings to the explosives can be identified at any time keep track of the explosives in such a way that those holding the explosives can be identified at any time keep track of the explosives in such a way that those holding explosives sector put in place a system for collecting data in 1. Member States shall ensure that undertakings in the throughout the supply chain and life cycle. relation to explosives including their unique identification 2. The data collection system shall allow the undertakings to Data collection Data collection Article 13 Article 13 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:

Any other business THE DIRECTIVE IS VERY CLEAR IN THIS POINT!
relation to explosives including their unique identification explosives sector put in place a system for collecting data in 1. Member States shall ensure that undertakings in the throughout the supply chain and life cycle. 2. The data collection system shall allow the undertakings to the explosives can be identified at any time keep track of the explosives in such a way that those holding the explosives can be identified at any time keep track of the explosives in such a way that those holding explosives sector put in place a system for collecting data in 1. Member States shall ensure that undertakings in the throughout the supply chain and life cycle. relation to explosives including their unique identification 2. The data collection system shall allow the undertakings to Data collection Data collection Article 13 Article 13 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

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.

Definitions 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.

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, …)

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.

What are the main obligations for an end user? Put in place a system for collecting data in relation to explosives including their unique identification throughout the supply chain and life cycle. The system could be digital or manual. 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.

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.

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 the information described.

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. 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.

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.

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“.

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.

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.

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. Provisions concerning that part of the electrical installation situated to the rear of the driver's cab.

THE UN WORKING PARTY ON THE TRANSPORT OF DANGEROUS GOODS HAS RECEIVED A PROPOSAL TO REVIEW THE ELECTRICAL LAYOUT OF EXPLOSIVES VEHICLES: e.g. 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.

THE UN WORKING PARTY ON THE TRANSPORT OF DANGEROUS GOODS HAS RECEIVED A PROPOSAL TO REVIEW THE ELECTRICAL LAYOUT OF EXPLOSIVES VEHICLES: e.g. 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.

5. Consequences of the Maxam Accident
Discussion on the potential consequences of the Maxam accident in Scandinavia

6. Subjects for discussion at the next meeting

6. Subjects for discussion at the next meeting CARRIAGE OF EXPLOSIVES
Review of FEEM GUIDANCE NOTE N°18 CARRIAGE OF EXPLOSIVES You will find the text on our home-page.

Statistics 2013

Explosives 2013

This is 9 % higher compared to 2012.
Explosives Statistic 2013 The volume of explosives consumed (not manufactured!) in Europe (EU27 + Norway & Switzerland) in 2013 amounted to tons This is 9 % higher compared to 2012.

+ 9,1%

EXPLOSIVES DEVELOPMENT 1995 – 2013 (1.000 tons)

EXPLOSIVES MARKET BY SHARES (2013 ./. 2012)

Detonators 2013

Detonator Statistic 2013 61,870 mio. units
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)

DETONATORS MARKET SHARES (mio. units)

Detonating Cords 2013

Boosters & Primers 2013

Explosive Production Sites & Staff 2013

8. Date & Place of the next meeting: Tuesday, 10 March 2015
from 09h00 to 13h00 at Hotel Manos Premier Chaussée de Charleroi, 1060 Bruxelles, Belgique Tel : Fax : (We meet on Monday, 09 March for dinner in the hotel at 19h00)

Thank you for your attention

A warm welcome to the Transport Working Group

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