Explanatory note

These Regulations implement, as regards Northern Ireland, Commission Directive 2008/43/EC setting up, pursuant to Council Directive 93/15/EC^f1, a system for the identification and traceability of explosives for civil uses^f2 (“the 2008 Directive”), as amended by Commission Directive 2012/4/EU^f3 (“the 2012 Directive”).

These Regulations revoke and replace the Identification and Traceability of Explosives Regulations (Northern Ireland) 2010^f4 (“the 2010 Regulations”). They consolidate an amendment to the commencement date for the 2010 Regulations made by S.R. 2012/123 and make changes to the 2010 Regulations arising as a result of the amendments to the 2008 Directive. They also no longer include requirements which were in the 2010 Regulations relating to the duty on importers to ensure the safekeeping of explosives while they are awaiting marking and that on manufacturers, importers, distributors, acquirers and keepers to keep a record of the name of any employee to whom explosives are transferred.

These Regulations impose requirements with respect to the marking of explosives with a unique identification which will come into force on 5th April 2013. The requirements with respect to record keeping in regulation 6 are to come into force on 5th April 2015.

Certain explosives, such as ammunition and explosives intended for the lawful use by the armed forces or the police, are excluded from the scope of the Regulations. As a result of the amendments to the 2008 Directive, the explosives known as fuses, safety fuses and cap-type primers are now also excluded from scope (regulation 3(1)).

Regulation 4 imposes requirements on manufacturers, importers and distributors of explosives as to the marking of the explosives with a unique identification. The matters which go to form the unique identification are set out in Schedule 1. These include the name of the manufacturer, a three digit code for the site of manufacture, a unique product code and a part which can be read electronically in barcode or matrix code format. The methods of marking or affixing the unique identification to explosives are set out in Schedule 2. Schedule 2 includes provisions on marking the unique identification in relation to very small explosive articles following amendments to the 2008 Directive by the 2012 Directive.

Manufacturers of explosives are to apply to the Secretary of State for the attribution of a three digit code for their manufacturing site. Importers of explosives which are manufactured in a country which is not an EEA State are to apply to the Secretary of State for a three digit code for the site of manufacture (regulation 5).

Regulation 6 imposes record keeping requirements on persons who manufacture, import, distribute, acquire or keep any explosive, with exceptions for employees and individuals acquiring explosives for personal use. The information to be kept includes the unique identification for the explosive and its location while in the possession of the person keeping the record.

Regulation 7 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within four years after these Regulations come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether these Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

Regulation 8 makes provision as to the enforcement of the Regulations by the Secretary of State.

The Regulations apply within the territorial sea of the United Kingdom adjacent to Northern Ireland to and in relation to the acquisition or keeping of explosives on premises to which, or in relation to which, any of paragraphs 2 to 8 of Schedule 3 applies (regulation 9).

A full impact assessment of the effect that the 2010 Regulations would have on the costs of business and the voluntary sector was made for the purposes of those Regulations and was updated for the purposes of the Identification and Traceability of Explosives (Amendment) (Northern Ireland) Regulations 2012 which amended the 2010 Regulations. A further updating impact assessment of the effect that this instrument (the Identification and Traceability of Explosives Regulations (Northern Ireland) 2013) will have on those costs is available (as are the earlier impact assessments) from the Health and Safety Executive, Redgrave Court, Merton Road, Merseyside, L20 7HS and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk. A copy of the Transposition Note in relation to the implementation of the 2008 Directive as amended by the 2012 Directive can be obtained from the Health and Safety Executive, International Branch, at the same address. Copies of these documents are available in the libraries of both Houses of Parliament.