1. Federation of European Explosives Manufacturers

2. The Products which are effected by the Track & Trace DirectiveDetonators Explosives Detonating Cord

3. FEEM Packed Explosives (25% of the total explosives’ market) 1.Dynamites 2.Emulsion Explosives 3.ANFO (Ammonium Nitrate Fuel Oil) 4.Black Powder 5.Permitted Explosives for Underground Mining 6.Powderous explosives containing demilitarized explosives

4. FEEM Bulk Explosives (75% of the total explosives’ market which are not effected by the T&T Directive): (are mixed in pump trucks from 2 or 3 non explosive substances at the site of application) 1.Emulsion explosives 2.ANFO

5. FEEM Initiation Devices: 1.Detonators ElectricalElectrical Non-ElectricalNon-Electrical ElectronicElectronic 2.Detonating Cords 3.Boosters / Primers

6. FEEM Typical Applications

7. FEEM Traffic Project Construction Works Filling of a blast hole with Dynamite

8. Blasting in a Quarry FEEM

9. Demolition Blast

10. FEEM Underground Mining

11. FEEMTunneling

12. Close to 700.00 tons of explosives and 80 Million detonators are detonated every year in Europe for civil purposes. Almost all of these explosives are manufactured, transported, stored and used without causing any major incident or alarm to the general public. The safety & security record of the explosives industry is considerably higher than almost any other industry of a similar nature.

13. These volumes represent 350 Million separate explosives items annually (packaged explosives, detonators, detonating cord, boosters, primers etc. without bulk explosives) with a value of 1.500 Million Euro. Within the Supply Chain (manufacturer – carrier - dealer – distributor – end user) these items change location 3 to 4 times. The frequency of civil explosive shipments in EU- Europe is around 500.000 movements per year (this doesn’t include pyrotechnics, military and hunting & sporting ammunitions). FEEM

14. The general public is often unaware that explosives enable: the production of aggregate for road building and for concrete the production of limestone for the manufacture of cement the production of gypsum for the manufacture of plaster the extraction of almost all other minerals & ores Civil Explosives are an important tool for modern mining and civil engineering. FEEM

15. Without the use of high explosives for civil purposes, it is difficult to see how civilization could have advanced to such a state as it has done today.

16. “Guidance Note on the FEEM European Explosives Code Structure”.

18. Arguments why to modify & postpone the Directive

19. Since the Directive was published, FEEM members have actively participated in the effort to bring about its implementation by collaborating with its members to achieve a better and more efficient application of the Directive throughout its supply chain. A relevant milestone in the process has been the preparation, distribution and acceptance by the industry of the: “Guidance Note on the FEEM European Explosives Code Structure”. We are particularly proud of this Guidance Note due to its wholehearted acceptance by all our membership and have made this available to other Civil Explosive organisations outside the EU, who may wish to consider introducing the standards we established.

20. During the studies and previous pilot projects necessary for the implementation of the Directive, all parties (both the Authorities and our Members) detected practical and fundamental problems, some of which had previously been brought to the attention of the Commission, (e.g. matters such as primers and safety fuse), which, in our opinion, will more than likely require an amendment to the Directive: 1. Transposition of the Directive 2. Re-packaging by Dealers, Distributors, Agents and Logistic Service Companies. 3. Crystalline explosives 4.Articles which are too small to affix the unique product code to or where it is technically impossible so to do.

21. 1.Transposition of the Directive

22. 22 The Directive was supposed to be The Directive was supposed to be adopted and published by the EU-Member Countries by 5 April 2009 at the latest ( Article 15). Some Member States were rather late in transposing. This creates not only legal and juridical uncertainties but also technical problems and potentially unfair competition, as this delay seriously shortens the time of preparation for an homogenous traceability system for parties in the supply chain. Transposition of the Directive

23. 2.Re-packaging by Dealers, Distributors, Agents and Logistic Service Companies.

24. 24 A large proportion of the explosive distribution in some countries is handled through dealers/agents who are not manufacturers/importers according to Article 3.1 of the Directive (in some countries this could amount to as much as 30% of the total movements). Generally these are small entities that are required to “break bulk” from the deliveries they receive from the manufacturers and repackage them into smaller deliveries that are required by their customers. Re-packaging by Dealers, Distributors, Agents and Logistic Service Companies

25. 25 The new packaging must also be labelled according to the requirements of the Directive. But distributors have actually no possibility to use a unique identification because they are not assigned a production site number. They have no alphanumeric coding for the production site and therefore cannot use field (90) of the FEEM code labelled by the manufacturer. One of the safety and security standards in the explosives industry is not to open packaging if not absolutely necessary. Therefore, a standard for a unique identification of packaging by distributors is required. Re-packaging by Dealers, Distributors, Agents and Logistic Service Companies

26. 3. Crystalline explosives 26

27. Some EU countries consider crystalline explosives such as RDX, PETN, HMX, HNS and others which are intended for the use in detonators, detonating cords and perforators for civil applications as Defence Products. Even though these explosives are CE marked according to Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses. This implies that these explosives and the products containing these explosives fall under the War Weapons Control Act for military arms and munitions. The establishment of a clean Directive process is hampered and this has got a significant negative influence on the production, sales, marketing, logistics and competition situation i n these countries and Europe. 27 3. Crystalline explosives

28. 4.Articles which are too small to affix the unique product code to or where it is technically impossible so to do.

29. Articles which are too small to affix the unique product code to or where it is technically impossible so to do Actual tests carried out by some of our members have confirmed that it is impossible to affix, even the reduced information laid down in point 3 of the ANNEX (for articles too small to affix the unique product code …..) and to read the bar codes on small articles such as low gram detonating cords, small primers, plain detonators, elemented detonators and others. 29

30. FEEM therefore suggests changing ANNEX 3 of the Directive accordingly: “For articles too small or where it is technically impossible due to their shape, design or specification to affix the unique product code and logistical in formation designed by the manufacturer the product identification shall only be marked on each smallest packaging unit.” Technical Modification

31. FEEM has already initiated a working group who will prepare a Guidance Document defining in detail the articles which fall under this exemption. A first draft will be ready by end February 2011.

32. “Old” Stocks

33. The possible postponement could provide the Industry with enough time to ensure that all stocks, other than those with extensive shelf lives, held by April 5th 2015 will be in compliance with the Directive. It is important to remind everyone that our industry does have products with shelf lives in excess of 5 years.

34. FEEM is of the opinion that this Security System can be made even more secure and better and that unintended flaws and consequences which impact the security issue can be avoided. Therefore, extra time would be needed to make the system safer.

35. 35 In view of these arguments FEEM, together with the European Federations and Associations of the 1.Mining Industry (Euromines) 2.Aggregates Industry (UEPG) & 3.Explosives Engineers (EFEE) is asking the Commission and the delegates of the Explosives Working Group to favorably consider a technical modification as well as a postponement of the application of the Directive, from 5 April 2012 to 5 April 2015.

36. A postponement of the application of the Directive will provide the explosives industry & all other supply chain participants with extra time to fully develop and thereby to increase the security of the electronic data- collecting systems required to implement the Directive.

37. Thank you