(DRAFT) MINUTES OF THE MEETING
of the
Transport WORKING GROUP
held at
Hotel Gellert
Budapest, Hungary
on
Tuesday, 17 September 2013
List of Participants
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Bengt Folkesson (Chairman), EPC Groupe, Sweden
Marlies Becker, Orica Europe, Germany
Maurice Delaloye, SSE, Switzerland
Joanna Flak, Nitroerg, Poland
Janusz Dryzga, Nitroerg, Poland
Ivana Jakubkova, Austin Detonators, CZ
Jon Jones, Austin International, UK
Jitka Jungwithova, Austin Detonators, CZ
Marin Dorobantu, Weatherford, Romania
In attendance: Hans H. Meyer, FEEM, Belgium
1. Opening Remarks by the Chairman of the Transport Working Group
Bengt Folkesson welcomed the working group participants and opened the meeting. He announced his retirement from EPC, Sweden at the beginning of next year and consequently as
chairman of this working group.
2. Competition Compliance
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 to the working group delegates. In particular the delegates were reminded that they are not allowed to discuss or exchange information
which is not in conformity with competition legislation, including e.g. on:
o Prices
o Production details
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o Transportation rates
o Market procedures
3. Agenda for 17 September 2013 and Approval
1. Opening remarks the chairman
2. Compliance with the European and National Competition Laws and Regulations
3. Approval of the Agenda
4. Minutes of the last meeting on 12 March 2013 in Brussels and approval
5. Secretary General’s Report with, in particular:
i. Upgrade of FEEM Guidance Note on the European Explosives Code
Structure (final version)
ii. 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.
iii. FEEM’s interaction with EU commission concerning the European
ban to export some types of civil explosives and all the initiation systems to certain countries.
6. Review and up-date of GN no. 9: Security, Transport & Distribution
7. Any other business
i. Security-related internal market measures on explosives on EU Commission Level
ii. Transport related incidents & accidents
iii. Transport of 1.5 ANFO in Road Tankers
iv. European Statistics 2012
8.
Subjects for discussion at the next meeting
9.
Date, place and time of next meeting
The Agenda was approved.
4. Minutes of the Transport Group Meeting of the held on 12 March 2013 in Brussels
and Approval.
The Minutes were approved.
5. Secretary General’s Report
The Secretary General up-dated the delegates and gave his presentation on the following topics:
a. Upgrade of FEEM Guidance Note on the European Code Structure
After several meetings we finally agreed on the modifications and approved the final version at our March 2013 meeting in Brussels. In April FEEM distributed the document to
the Members & end-user organisations (e.g. UEPG, EASSP, Euromines, EURACOAL,
EFEE, Eurocement, EU Commission, Notified Bodies and Competent Authorities). The
text with its appendices was edited on our home-page.
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The following are the main modifications.
Field
Digits
Format
Application
Identifier
Country &
Production
Site No.
5
AlphaNumeric
(90)
Unique Item
No. OR Logistical Unit
No.
30
AlphaNumeric
(250)
Determination of items
and logistical units
Production
Date
Product
Code
2
Numeric
(20)
Product Variant
Fixed
Optional
6
Numeric
(11)
Fixed
Optional
30
AlphaNumeric
(240)
Variable up to
30 characters
Optional
Batch
Number
Trade
Quantity
20
(10)
Variable length
Optional
8
AlphaNumeric
Numeric
(37)
Variable
Length
Optional
Quantity
8
Numeric
(30)
Product Date
(YYMMDD)
Additional Product Identification
Assigned by Manufacturer
Batch or lot number
Count of items
contained in a
logistic unit
Variable Count
Variable
Length
Optional
Fixed
Optional
Specified units of
measure e.g.
length / volume
etc.
Gross weight Kgs
Fixed
Optional
Fixed
Optional
Company Internal
Information
Variable length
Optional
Net Explosive Quantity
Unit of
Measure
6
Numeric
(310n)
6
Numeric
(311n-316n)
Gross
weight
6
Numeric
(330n)
Internal Use
30
AlphaNumeric
(91) – (99)
AI Description
Length
Notes
Mutually agreed
between trading
partners
Variable but
used as a fixed
number to 5
digits
Secondary Serial
No.
Variable up to
30 characters
Mandatory to
comply with
Directive e.g.
FR002 –
France, 2nd site
Mandatory to
comply with
Directive
Collective number
of individual items
Product net
weight in kgs
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The following three fields may be used according to the GS1 definitions:
Field
Digits
Format
Application
Identifier
Global
Trade Item
Number
Serial Number
14
Numeric
(01)
GTIN
Variable length
Optional
20
Alphanumeric
(21)
Original Serial
number for GTIN
item
Variable length
Optional
18
Numeric
(00)
Serialized Shipping Container
Code
Fixed
Optional
SSCC
AI Description
Length
Notes
Concerning the visibility of AI we stipulated:
The Application Identifiers are not normally visible within a code, but if they were, they are
recognised by being two, three or four digit numbers within brackets. AI may optionally be
printed on the labels in order to make it easier for a human to read the label and to facilitate
key entry in the event that the symbol cannot be scanned.
IDENTIFICATION OF DISTRIBUTORS AND RE-PACKAGERS
The country and production site number stored in AI (90) will be assigned by NATIONAL
AUTHORITIES only for MANUFACTURERS and IMPORTERS of explosives. But DISTRIBUTORS which repackage explosives shall also mark the packaging units with associated
labels according to this Guidance Note. Logistical units like boxes or pallets should be
marked to facilitate the data transfer in the supply chain. So undertakings without an official
production site number shall also use AI (90) as a mandatory field to provide the uniqueness
of the identification code.
To avoid confusion with official production site numbers of producers and importers AI (90)
for those undertakings is FIXED TO 5 LETTERS, TWO FOR THE COUNTRY followed
by THREE FOR THE REPACKING COMPANY. Since there is no legal obligation to
mark packages for repacking companies those 3 letters company codes do not need to be
agreed by national authorities. HOWEVER IT IS IMPORTANT TO MAKE SURE THESE
CODES ARE UNIQUE IN EACH COUNTRY.
CONTENTS OF AI (20)
00: Item
01: Inner packaging
02: Intermediate packaging
03: Outer packaging
04: Pallet
05: Container
09: Ad hoc
FURTHER LEVELS OF PACKING BEYOND 09 SHALL NOT BE USED.
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If suitable additionally to the mandatory fields AI90 and AI 250 the following information
may be added to the code in strict compliance with GS1 standard:
AI (00): SSCC
AI (01): GTIN
AI (21): SERIAL NUMBER
UNITS OF MEASURE
Explosives articles may be marketed (and consequentially tracked) in a range of units of
measure, i.e. weight, length, volume, etc. The global standards specify AIs (311n) to
(316n) as UNITS OF MEASURE that can be applied and incorporated within the barcode (if applicable). The AI (311n) and up use always a PREDEFINED unit of measure,
(e.g. meters for (311n), cubic meters for (316n), kg for (330n)). Additional information
about unit of measure like the UN/ECE codes can be used inside GS1 code in the customer specific fields AI(91) to (99). Inside the XML file they may be used at special field
“UNIT OF MEASURE”. For list of international UN/ECE codes and definitions refer
to Annex III.
GTIN (AI 01)
A GLOBAL TRADE ITEM NUMBER (GTIN) is used to identify any item upon which
there is a need to retrieve pre-defined information and that may be priced or ordered or invoiced at any point in any supply chain. A separate unique GTIN is required whenever any
of the pre-defined characteristics of an item are different in any way that is relevant to the
trading process (e.g. unit of measure).
SERIAL NUMBER (AI 21) – UNIQUE NUMBER
Serial number for GTIN identified item. The AI 21 is the standard serial number for
items that are identified with a GTIN. The serial number will be the unique code assigned
for the unique identification of each single unit. Although usually called a number, it may
include letters, though ending with digits.
This Unique Item Number field would also be used for identification of LOGISTICAL
UNIT NUMBERS, i.e. a bag or a case, etc. providing identification & traceability at that
level also. For pallets it is an option, but usually the SSCC is used in international trading.
SSCC (AI 00) (SERIALIZED SHIPPING CONTAINER CODE)
The SSCC is the (GS1) Identification Key for an item of any composition established for
transport and/or storage which needs to be managed through the supply chain. The
SSCC is assigned for the life time of the transport. It is using Application Identifier (00).
b. UEPG’s (European Federations of Aggregate, Cement & Mining Ind.) Action
Plan regarding European process of cascading down to national end-user organisations.
1. The Secretary General informed the delegates about the JOINT TASK FORCE
between UEPG, EU Commission and FEEM with the aim to develop an ACTION PLAN towards a simple guidance for END-USERS on the main duties for
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1.
2.
3.
4.
5.
6.
7.
8.
the implementation of the Directive by the whole supply chain. Besides FEEM,
UEPG and the Commission the following organisations are involved through
their European and National associations:
European Cement Association –CEMBUREAU
European Association of Mining Industries, Metal Ores & Industrial Minerals –
EUROMINES
European Association for Coal and Lignite – EURACOAL
European Association of Industrial Minerals –IMA – Europe, European Federation of Explosives Engineers
German Blasting Association
EFEE
European Trade Association – industriAll
TTE-Europe GmbH – Dresden Informatik
On 21st August 2013 a GUIDANCE DOCUMENT and COVER LETTER has been distributed to the NATIONAL MINERAL‘S ASSOCIATIONS with the request for further distribution
to all their members to support proper and timely implementation of Commission Directive
2008/43/EC on a system for the identification and traceability of explosives for civil uses.
Primarily the following recommendations were given as “Obligations for Users/Distributors –
Directive 2008/43/EC consolidated, from 5 April 2015”:
Users of explosives have to comply with the following obligations as from 5 April 2015:
1. Putting in place a system for collecting data in relation to explosives including their
unique identification throughout the supply chain and life cycle.
2. Keeping a record of all identifications of explosives, together with all pertinent information including the type of explosive, the company or person to the custody of whom it
was given; (...) for a period of 10 years after the delivery or whenever known after the
end of the life cycle of the explosive even if undertakings have ceased trading.
3. Recording the location of each explosive while the explosive is in their possession or custody until it is either transferred to another undertaking or used.
4. At regular intervals testing their data collection system in order to ensure its effectiveness
and the quality of the data recorded.
5. Protecting the data collected against accidental or malicious damage or destruction.
6. Providing the competent authorities, upon their request, with the information concerning
the origin and location of each explosive during its life cycle and throughout the supply
chain.
7. Providing the responsible Member State authorities with the name and contact details of
a person able to provide the information described in the previous point outside normal
business hours.
c. FEEM’S INTERACTION WITH EU COMMISSION CONCERNING
THE EUROPEAN BAN TO EXPORT SOME TYPES OF CIVIL EXPLOSIVES AND
ALL THE INITIATION SYSTEMS TO CERTAIN COUNTRIES
There is a European Ban to export some types of civil explosives and all the initiation systems to
certain countries with INTERNAL REPRESSION. This is regulated under “The Wassenaar Arrangement (full name: The Wassenaar Arrangement on Export Controls for Conventional Arms
and Dual-Use Goods and Technologies)” which is a multilateral export control regime (MECR)
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with 41 participating states including many former COMECON (Warsaw Pact) countries. The
European Union has specific prohibitions to export certain type of products to certain “sensible
countries”, because they could be used for “internal repression”. Some of the countries are
•
•
•
•
•
•
•
•
Belarus,
Republic of Guinea,
Iran,
Ivory Cost,
Libya,
Myanmar,
Syria,
Zimbabwe
The following products are of concern:
There are several International and Multinational Companies working in these countries in the
fields of: Exploration projects for fuel and gas, Cement, Iron, Fertilizers, Aluminium, Precious
Metals (Gold, Silver, and Platinum) and other Minerals and Raw Materials which require explosives imports from Europe.
FEEM is trying to modify the list allowing all initiating devices to be exported to reliable enduser in these countries without restrictions.
6. Review and up-date of GN no. 9: Security, Transport & Distribution
The existing Guidance Note from before 2004 is should be up-dated because of a number of
changes and new regulations on national and EU level. The Track & Trace Directive is only one
of the relevant documents which should be included. Other regulations relative to ADR and the
48 measures from the EU Action Plan of enhancing the security of explosives are also not considered. The delegates have been asked to check on Security Management Systems already in
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place in their companies which could be incorporated into such a paper. The Secretary General
will compile this information and review the GN based on this input.
7. Any other Business
The Secretary General gave an overview concerning
1. Security-related internal market measures on explosives on EU Commission
Level & SCEPYLT Status
1. Regulating commercial explosives on internal market:
1. Implementation of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses
2. Commission Decision 2010/347 amending Decision 2004/388/EC
on an Intra-Community Transfer of explosives document
3. Commission Directive 2008/43/EC as amended by Directive
2012/4/EU setting up, pursuant to Council Directive 93/15/EEC, a
system for the identification and traceability of explosives for civil uses
2. Explosives Action Plan
3. Adaptation of Explosives Directive to New Legislative Framework
for the marketing of goods on the internal market
4. Implementing Regulation 98/2013 on the marketing and use of explosives precursors
5. Outlook
2. Transport related incidents & accidents
a. Since the last meeting in Brussels there were no reports about transport incidents
3. Transport of 1.5 ANFO in Tanks
a. FEEM is of the opinion that for security & safety reasons this issue will not
actively be supported. There is no further information concerning the reference tests by BAM.
4. European Explosives Statistics
a. The Secretary General gave on overview of the 2012 numbers.
5. Bengt Folkesson: Reversible Transfer Documents
When returning a consignment / product to the original supplier (e.g. in case of a
claim) the returnee has to file a new application for transfer papers. Is there the possibility for a simplified procedure (“reverse transit document”)? This issue will be taken up at the next meeting of Explosives Experts in Brussels on 18 October 2013.
Bengt will prepare a paper for this meeting.
6. THIRD PARTY SALES
The following question came up: In a classic third party sales scenario, an external
supplier stores goods in his warehouse and fulfils an order in our name. So the cus-
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tomer orders goods with us and we ask for direct delivery from the third party to the
customer. The third party supplier scans and delivers the goods, but sends his invoice
to us and we send our invoice to the customer.
Our understanding is that the third party supplier is responsible for scanning the
products and as well providing the sASN to the end-customer. Is that correct?
FEEM’s position: The physical supplies of explosives to a customer from a consignment stock is always in the responsibility of the distributor/custodian (third party),
because he – as the explosives licence holder of the explosives’ magazine – is responsible for the legally regulated EXPLOSIVES INVENTORY REGISTER. Therefore,
under T&T Directive the distributor/custodian (3rd party) is responsible for the necessary steps of tracking the explosives at every stage throughout its life cycle and also
for keeping the records of every uniquely identified article to be maintained and to be
available for inspection for a period of 10 years.
The Commission has confirmed this view: Chapter 3 of the Directive relating to data
collection and record-keeping provides that all undertakings in the explosives sector
collect and maintain data relating to each explosive in their possession or custody
throughout the supply chain and life cycle until it is transferred to another undertaking or used. The requirements would thus extend to third party distributors/suppliers.
7. The POD - Proof of Delivery:
(i.e. a signature from the receiving party that the products have been handed over)
is, to our understanding, not a regulatory requirement in the tracking and tracing
of explosives right now. Nevertheless the question was raised, if there was a requirement coming from Track and Trace that either truck drivers or customers do
this POD and if the signature would have to be electronically or if e.g. a manual
hand-over signature (as done today) is sufficient. If I remember right, your summary of the EU meeting October 25th 2012 provided the information, that truck
drivers are excluded - for the time being - from any tracking and tracing requirement in regards to directive 2008/43 and 2012/04. But a confirmation would be
greatly appreciated.
Answer Commission: As regards POD, the Directive is silent on the methods
used to record information about the location, transfer, use, etc. of the explosive.
This is a matter for the undertakings concerned.
8. Subjects for discussion at the next meeting
a. Review and up-date of GN no. 9: Security, Transport & Distribution
b. Benchmarking: Safety & Security in Transport; Thierry Rousse has offered himself for a presentation for the autumn 2014 meeting.
9. Date and place of the next meeting
Tuesday, 25 March 2014
at
Hotel AMARILIS
9
Prague 1, Štěpánská 18
tel: +420 222 748 111-2
fax: +420 222 748 113
amarilis@jerome.cz
www.hotelamarilisjerome.com
The meeting was closed by the chairman Bengt Folkesson at 1:30 p.m. The Secretary General
thanked Bengt for his excellent contributions as a Chairman to this group and wished him all the
very best for the future.
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