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1 Federation of European Federation of European Explosives Manufacturers Explosives Manufacturers 155th 155th Meeting Meeting of the of the Executive Committee Executive Committee on on 17 October 2014 17 October 2014 in Palma, Hotel Melia Victoria in Palma, Hotel Melia Victoria
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1 Federation of European Explosives Manufacturers 155th Meeting of the Executive Committee on 17 October 2014 in Palma, Hotel Melia Victoria.

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Page 1: 1 Federation of European Explosives Manufacturers 155th Meeting of the Executive Committee on 17 October 2014 in Palma, Hotel Melia Victoria.

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Federation of European Explosives Federation of European Explosives ManufacturersManufacturers

155th 155th Meeting Meeting

of the of the Executive Committee Executive Committee

onon17 October 201417 October 2014

in Palma, Hotel Melia Victoriain Palma, Hotel Melia Victoria

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Opening of the Meeting by the Opening of the Meeting by the PresidentPresident

Bertrand PougnyBertrand Pougny

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List of ParticipantsList of Participants

Mr. Bertrand Pougny, EPC Group, France – President

Mr. Ulf Sjöblom, Forcit Group, Finland - Vice President

Mr. Daniel Antille, SSE Group, Switzerland – Past President

Mr. Jeff Court, Orica Group, NorwayMr. Gianni Facchinetti, Pravisani, ItalyMr. Otta Greben, Austin Detonator Group,

Czech Rep.Mr. Vicente Huelamo, Maxam Group, Spain

In attendance: Hans Meyer, FEEM, BelgiumIn attendance: Hans Meyer, FEEM, Belgium

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2.) Compliance with European Competition 2.) Compliance with European Competition LawLaw

As an Association, FEEM operates in strict compliance with As an Association, FEEM operates in strict compliance with

European competition laws. Respect for these laws is a core value European competition laws. Respect for these laws is a core value

applying to all FEEM activities. All members of this Committee applying to all FEEM activities. All members of this Committee

have been informed by the Secretary General about prohibited have been informed by the Secretary General about prohibited

discussion topics which apply not only during meetings but also to discussion topics which apply not only during meetings but also to

social gatherings before and after meetings. By signing the social gatherings before and after meetings. By signing the

participation form, the delegates declare their adherence to the participation form, the delegates declare their adherence to the

Competition Compliance Programme and agree to comply with Competition Compliance Programme and agree to comply with

Competition Law.Competition Law.

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Compliance with European Competition LawCompliance with European Competition Law(cont.)(cont.)

Very clearly: You are not allowed to discuss or Very clearly: You are not allowed to discuss or exchange information exchange information

which is not in conformity with competition which is not in conformity with competition legislation, including legislation, including

e.g. on:e.g. on:

1.1. PricesPrices

2.2. Production detailsProduction details

3.3. Transportation ratesTransportation rates

4.4. Market proceduresMarket procedures

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155th Meeting of the Executive Committee

3. AGENDA

1. Opening of the Meeting by the President2. Compliance with the European and National

Competition Laws and Regulations3. Agenda and Approval of the Agenda4. Secretary General’s Report with in particular

a) Latest developments with European Explosives Legislation

i. New Directive 2014/28/EUi. CLP Up – Dateii.Globally harmonized standard for explosives

security markings

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155th Meeting of the Executive Committee

3. AGENDA (cont.)

4. Secretary General’s Report with in particulara) Latest developments with European Explosives Legislation

iii. Lead tetroxide/lead monoxide, situation as per

September 2014iv. The Color-Coding of Explosivesv. Obligation of End-Users

b) Explosives Incidents

5. Any other businessa) “Membership application” by Hervé de Saint-Pierre to the Executive

Committee

6. Date, place and time of the next meeting

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Meeting of the Executive Committee

Item 3: Approval of the Agenda

Do I find your agreement to this Agenda?

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Item 4:Item 4:

Secretary General’s ReportSecretary General’s Report

Page 10: 1 Federation of European Explosives Manufacturers 155th Meeting of the Executive Committee on 17 October 2014 in Palma, Hotel Melia Victoria.

4.a.1: DIRECTIVE 2014/28/EU OF THE EUROPEAN PARLIAMENT AND

OF THE COUNCIL of

26 February 2014

Item 4Item 4Secretary General’s ReportSecretary General’s Report

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This Directive incorporates a number of This Directive incorporates a number of other Directives and Regulations such as:other Directives and Regulations such as:

1.1. 93/15, 93/15, 2.2. 2008/43, 2008/43, 3. 2004/57, 4. 765/2008, 5. 768/2008, 6. 96/82,7. 2013/29, 8. 91/477 and others, dealing with explosives and and others, dealing with explosives and

pyrotechnicalpyrotechnicalarticles.articles.

DIRECTIVE 2014/28/EUDIRECTIVE 2014/28/EU – CIVIL EXPLOSIVES DIRECTIVE – CIVIL EXPLOSIVES DIRECTIVE

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This is the new “Bible” for the This is the new “Bible” for the Explosives Industry!Explosives Industry!

What is covered by the new Directive?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 (Orange Book, Chap. 2.0).

Directive 2014/28Directive 2014/28

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What is not covered?What is not covered?

Directive 2014/28Directive 2014/28

(a) Explosives in accordance with national law by the armed forces or the police

(a) Pyrotechnic articles (a) Ammunition

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Major emphasis is focused on:Major emphasis is focused on:

1. 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 2014/28Directive 2014/28

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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 2014/28Directive 2014/28

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Directive 2014/28Directive 2014/28

Manufacturers shall ensure that explosives Manufacturers shall ensure that explosives which they have placed on the market are which they have placed on the market are accompanied by instructions and safety accompanied by instructions and safety information in a information in a language which can be language which can be easily understood by end-userseasily understood by end-users, as , as determined by the Member State concerned. determined by the Member State concerned. Such instructions and safety information, as Such instructions and safety information, as well as any labelling, shall be clear, well as any labelling, shall be clear, understandable and intelligible. understandable and intelligible.

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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 2014/28Directive 2014/28

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The Directive also deals with the qualification of the conformity assessment body (NB such as LOM, Ineris, BAM etc.) in Chap. 4, Art. 2, e.g.

1. their personnel shall carry out the conformity assessment activities with the highest degree of professional integrity and requisite technical competence.

2. 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 2014/28Directive 2014/28

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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 2014/28Directive 2014/28

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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 2014/28Directive 2014/28

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Union market surveillance and control of explosives entering the Union market

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 2014/28Directive 2014/28

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MARKET SURVEILLANCE AUTHORITIES

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 2014/28Directive 2014/28

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MARKET SURVEILLANCE AUTHORITIES

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 explosive’s being made available on their national market, to withdraw the explosive from that market or to recall it.

Directive 2014/28Directive 2014/28

Page 24: 1 Federation of European Explosives Manufacturers 155th Meeting of the Executive Committee on 17 October 2014 in Palma, Hotel Melia Victoria.

You can find the complete text of the You can find the complete text of the Directive on our home-page or down-load Directive on our home-page or down-load it from the EU web-side:it from the EU web-side:

http://eur-lex.europa.eu/legal-http://eur-lex.europa.eu/legal-contentcontent

Directive 2014/28

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Any Questions and/or comments?Any Questions and/or comments?

Directive 2014/28

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4.a.2: 4.a.2: CLP (GHS) - UPDATECLP (GHS) - UPDATE

(The classification, labelling and packaging of chemical substances and mixtures)(The classification, labelling and packaging of chemical substances and mixtures)

(Globally Harmonized System of Classification and Labelling of Chemicals)(Globally Harmonized System of Classification and Labelling of Chemicals)

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New PictogramsNew Pictograms

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The new compliance deadline for The new compliance deadline for explosive mixtures will be explosive mixtures will be 1 June 1 June 20152015. .

The CLP Regulation will ultimately The CLP Regulation will ultimately replace the current rules on replace the current rules on classification, labelling and classification, labelling and packaging of substances (packaging of substances (Directive 67/548/EECDirective 67/548/EEC) and preparations () and preparations (Directive 1999/45/ECDirective 1999/45/EC). ).

CLP UP-DATECLP UP-DATE

Page 29: 1 Federation of European Explosives Manufacturers 155th Meeting of the Executive Committee on 17 October 2014 in Palma, Hotel Melia Victoria.

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CLP BackgroundCLP Background

The production and use of chemicals is The production and use of chemicals is fundamental to all economies all over the world. fundamental to all economies all over the world. However, it is also recognized that chemicals However, it is also recognized that chemicals pose risks that should be indicated throughout pose risks that should be indicated throughout the supply chain. Many countries have developed the supply chain. Many countries have developed systems for providing information on hazardous systems for providing information on hazardous properties and control measures of chemicals properties and control measures of chemicals aimed at ensuring their safe production, aimed at ensuring their safe production, transport, use and disposal. Yet, those systems transport, use and disposal. Yet, those systems are currently not always compatible with each are currently not always compatible with each other and often require multiple labels and Safety other and often require multiple labels and Safety Data Sheets for the same product.Data Sheets for the same product.

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CLP BACKGROUNDCLP BACKGROUND

Consequently, companies involved in Consequently, companies involved in international trade need to follow international trade need to follow multiple, sometimes differing regulations multiple, sometimes differing regulations regarding hazard classification and regarding hazard classification and labelling depending on where they do labelling depending on where they do business and users may see inconsistent business and users may see inconsistent label warnings and Safety Data Sheets for label warnings and Safety Data Sheets for the same chemical. the same chemical.

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CLPCLP

The CLASSIFICATION and LABELLING of The CLASSIFICATION and LABELLING of explosive mixtures are changing on 1 June explosive mixtures are changing on 1 June 2015! 2015!

New PICTOGRAMS with a white background New PICTOGRAMS with a white background are replacing the are replacing the ORANGE ONESORANGE ONES in the EU. in the EU. From 1 June 2015 companies are required From 1 June 2015 companies are required to classify and label both substances and to classify and label both substances and mixtures according to the CLP Regulation. mixtures according to the CLP Regulation. Information on the CLP pictograms and on Information on the CLP pictograms and on the label is available on the the label is available on the European Chemical Agency website (ECHA).European Chemical Agency website (ECHA).  

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CLP - GHS - Overview (I)

– – The European Union has adopted the UN-developed system The European Union has adopted the UN-developed system „GHS“, which stands for „Globally Harmonized System of „GHS“, which stands for „Globally Harmonized System of Classification and Labelling of Chemicals“.Classification and Labelling of Chemicals“.

– – With GHS, globally harmonized criteria have been created With GHS, globally harmonized criteria have been created for the classificationfor the classification

and labelling of chemicals. GHS wants to ensure and labelling of chemicals. GHS wants to ensure internationally comparable highinternationally comparable high

standards for health and consumer protection, occupational standards for health and consumer protection, occupational health and safety,health and safety,

and environmental protection.and environmental protection.

– – GHS regulates ...GHS regulates ...

• • criteria for the classification of physical, toxicological and criteria for the classification of physical, toxicological and environmental relevant properties ...environmental relevant properties ...

• • classification and labeling ...classification and labeling ...• • harmonized hazard communication ...harmonized hazard communication ...

(e.g. harmonized label statements and harmonized safety (e.g. harmonized label statements and harmonized safety data sheets)data sheets)

... of chemicals.... of chemicals.

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GHS - Overview (II)

– GHS affects manufacturers, suppliers, and users of chemicals

– The global implementation of GHS started during 2008.The registration phase of REACH, the uniform chemical law

applicable within the EU, also began in 2008.

– Because of the numerous interconnections between GHS and REACH (CLP), 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.

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Geographical Limits of GHSGeographical Limits of GHS

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GHS - Current Status (September 2014)

Transport of dangerous goods planned, Other sectors plannedTransport of dangerous goods implemented, Other sectors plannedTransport of dangerous goods implemented, Other sectors implemented

Argentina Czech Republic Japan

Nigeria Slovenia

Australia Denmark Norway

South Africa

Austria Ecuador Latvia Paraguay

Spain

Belgium Estonia Liechtenstein Peru

Sweden

Bolivia FinlandLithuania Philippines

Switzerland

Brazil France Luxembourg Poland

Thailand

Brunei, Darussalam Gambia

Madagascar

Implementation by the national authorities

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GHS - Current Status (September 2014)

Transport of dangerous goods planned, Other sectors plannedTransport of dangerous goods implemented, Other sectors plannedTransport of dangerous goods implemented, Other sectors implemented

Portugal United Kingdom

BulgariaGermany 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 MyanmarSerbia

Colombia Ireland Netherlands

Singapore

Cyprus Italy New Zealand Slovakia

Laos

Implementation by the national authorities

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REACH / GHS - Timeline

Substance:Classification in SDS

Labeling

Mixture:Classification in SDS

Labeling

*) Also: CMR-Substances ≥ 1 t/a/LE, R50/53-Substances ≥ 100 t/a/LE

Dangerous preparations Directive

Substance Directive

Substance Directive

> 1000 t/a/LE*)

100 – 1000 t/a/LE

1 – 100 t/a/LE

Pre-registration

REACHTransition periodRegistration process

01.06.2007 01.12.2008 01.12.2010 01.06.2013 01.06.2015 01.06.2018

GHS

GHS-regulation

GHS-regulation

GHS-regulation

Dangerous preparations Directive GHS-regulation

←←

← means: former use of GHS possible

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GHS - What essential changes does GHS involve?

1. GHS introduces globally harmonized criteria for the classification of physical,

toxicological, and environmental relevant properties.

2. GHS establishes globally harmonized criteria for hazard communication. In theoverview, this relates to the introduction of new or modified:

• HAZARD CLASSES,• HAZARD CATEGORIES,• HAZARD PICTOGRAMS,• SIGNAL WORDS,• HAZARD STATEMENTS,• PRECAUTIONARY STATEMENTS

3. 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.

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GHS EXAMPLES - 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.

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Before: Hazard symbols according to directive 67/548/EEC, Annex II

Gasesno own Symbol

CMRno own Symbol

Now: Hazard pictograms according to directive EC No. 127272008, Annex V

GHS – Hazard pictograms

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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

H200 – Unstable Explosive

2 Physical hazards3 hazards4 all hazards

Sequence in the group

e.g. Hazard statement

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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

P201 – Obtain special instructions before use.

1 General2 Prevention3 Response4 Storage5 Disposal

Sequence in the group

e.g. Precaution statement

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4343Sample Label

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GHS – Statements for Explosives

The statements for explosives can be taken from The statements for explosives can be taken from this list:this list:

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TYPICAL SAMPLE FOR SMALL DIAMETER NG - EXPLOSIVE

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SAFETY DATA SHEETSSAFETY DATA SHEETS

Safety data sheets are the main tool for Safety data sheets are the main tool for ensuring that manufacturers and ensuring that manufacturers and importers communicate enough importers communicate enough information along the supply chain to information along the supply chain to allow safe use of their substances and allow safe use of their substances and mixtures.mixtures.

NOTE: THERE IS A NEW FORMAT NOW!NOTE: THERE IS A NEW FORMAT NOW!

CLP Up-dateCLP Up-date

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Any Questions and/or comments?Any Questions and/or comments?

CLP - Update

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4.a.3) 4.a.3) GLOBALLY GLOBALLY HARMONIZED STANDARD HARMONIZED STANDARD

FOR EXPLOSIVES’ FOR EXPLOSIVES’ SECURITY MARKINGSECURITY MARKING

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GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

At our previous meeting you have been informed At our previous meeting you have been informed that the Institute of Makers of Explosives (IME) that the Institute of Makers of Explosives (IME) is going to transmitted a proposal to is going to transmitted a proposal to “GLOBALLY “GLOBALLY HARMONIZE THE STANDARD FOR EXPLOSIVES HARMONIZE THE STANDARD FOR EXPLOSIVES SECURITY MARKINGS”SECURITY MARKINGS” to the “ to the “Committee of Committee of Experts on the Transport of Dangerous Goods Experts on the Transport of Dangerous Goods and on the Globally Harmonized System of and on the Globally Harmonized System of Classification and Labelling of Chemicals Sub-Classification and Labelling of Chemicals Sub-Committee of Experts on the Transport of Committee of Experts on the Transport of Dangerous Goods” (in short: UN-ECE* WP15) at Dangerous Goods” (in short: UN-ECE* WP15) at the forty-sixth session in the forty-sixth session in Geneva on 1 – 9 Geneva on 1 – 9 December 2014December 2014

*Economic Commission for Europe

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GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

SUMMARYSUMMARY

In their paper, for certain explosive In their paper, for certain explosive devices and substances, IME seeks devices and substances, IME seeks to establish a globally harmonized to establish a globally harmonized format for explosives security format for explosives security markings by adding a new Section markings by adding a new Section 1.4.4 to Chapter 1.4 of the Model 1.4.4 to Chapter 1.4 of the Model Regulations (Orange Book / ADR).Regulations (Orange Book / ADR).

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GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

Chapter 1.4 Security provisions Chapter 1.4 Security provisions (Orange Book, page 41) (Orange Book, page 41)

– 1.4.1 General provisions 1.4.1 General provisions – 1.4.2 Security training 1.4.2 Security training – 1.4.3 Provisions for high 1.4.3 Provisions for high

consequence dangerous goodsconsequence dangerous goods– 1.4.4 Globally harmonized format 1.4.4 Globally harmonized format

for explosives security markings for explosives security markings

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INTRODUCTION:INTRODUCTION:

At the July 2013 session of the Sub-At the July 2013 session of the Sub-Committee IME discussed that there is a Committee IME discussed that there is a critical need for successful tracing of critical need for successful tracing of recovered explosives, and that the recovered explosives, and that the placement of marks on articles and placement of marks on articles and substances of Class 1 based on a globally substances of Class 1 based on a globally harmonized marking format would be a harmonized marking format would be a critical component of successful tracing critical component of successful tracing globally.globally.

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

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The The Working Group on ExplosivesWorking Group on Explosives (EWG) agreed that a globally (EWG) agreed that a globally harmonized format for marking, harmonized format for marking, most likely based on the most likely based on the European European Union formatUnion format, might be , might be worthwhile. The Sub-Committee worthwhile. The Sub-Committee agreed with the EWG and agreed with the EWG and encouraged IME to submit a encouraged IME to submit a formal proposal.formal proposal.

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

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At the forty-fifth session in May 2014 of the At the forty-fifth session in May 2014 of the Sub-Committee, a formal proposal was Sub-Committee, a formal proposal was submitted by IME (working paper submitted by IME (working paper ST/SG/AC.10/C.3/2014/5 (2014/5). ST/SG/AC.10/C.3/2014/5 (2014/5).

Several EWG-experts supported the proposal; Several EWG-experts supported the proposal; however, several questions of principle were however, several questions of principle were raised, that IME had not addressed in 2013/4. raised, that IME had not addressed in 2013/4.

It was suggested that IME further investigate It was suggested that IME further investigate those questions of principle and address them those questions of principle and address them in an improved proposal at the next session of in an improved proposal at the next session of the Sub-Committee, which will be in December the Sub-Committee, which will be in December 2014.2014.

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

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DISCUSSIONDISCUSSION

It is well known that many countries and law It is well known that many countries and law enforcement agencies desire to have explosives enforcement agencies desire to have explosives uniquely identifieduniquely identified to facilitate their to facilitate their traceability in the event of loss or theft, or for traceability in the event of loss or theft, or for security purposes. When present, such security security purposes. When present, such security markings would assist law enforcement and markings would assist law enforcement and government officials to determine from where government officials to determine from where confiscated, discovered, and/or recovered confiscated, discovered, and/or recovered explosives were acquired. Establishing from explosives were acquired. Establishing from where in the chain of custody such explosives where in the chain of custody such explosives were acquired may assist these officials in were acquired may assist these officials in identifying those who may have illicitly identifying those who may have illicitly obtained such explosives and may aid in obtained such explosives and may aid in reducing the availability of such explosives, reducing the availability of such explosives, thus increasing the thus increasing the overall security of the worldoverall security of the world from attacks using explosive articles and/or from attacks using explosive articles and/or substances.substances.

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGSEXPLOSIVES SECURITY MARKINGS

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Indeed, within the European Union, Indeed, within the European Union, Directive Directive 2008/43/EC2008/43/EC mandates such a marking system. mandates such a marking system.

Other countries have also mandated, or have Other countries have also mandated, or have under consideration, requirements for under consideration, requirements for marking, serialization and/or traceability of marking, serialization and/or traceability of explosives.explosives.

These include: Argentina, Australia, Brazil, These include: Argentina, Australia, Brazil, Canada, China, India, Kazakhstan, Peru, Canada, China, India, Kazakhstan, Peru, Russia, and the USA.Russia, and the USA.

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

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The result is a proliferation of disparate The result is a proliferation of disparate systems utilizing differing formats of marking systems utilizing differing formats of marking for traceability. These disparate systems for traceability. These disparate systems create unintended consequences. Such create unintended consequences. Such disparate systems undermine the ability of disparate systems undermine the ability of countries to trace products that illegally cross countries to trace products that illegally cross national boundaries, needlessly complicate national boundaries, needlessly complicate efforts of manufacturers to identify, maintain efforts of manufacturers to identify, maintain inventories and record individual lots that are inventories and record individual lots that are destined for the different countries, and mean destined for the different countries, and mean that the same marking could have different that the same marking could have different meanings in different countries defeating the meanings in different countries defeating the purpose for the marks. purpose for the marks.

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

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IME proposes to globally standardize such IME proposes to globally standardize such security markings into a harmonized format so security markings into a harmonized format so that, when marks are used, interpretation of that, when marks are used, interpretation of those markings can be done quickly and those markings can be done quickly and efficiently, enabling law enforcement officials efficiently, enabling law enforcement officials to advance their investigations without undue to advance their investigations without undue delays. Since almost all Class 1 articles and delays. Since almost all Class 1 articles and substances must at some time be transported, substances must at some time be transported, the United Nations Recommendations on the the United Nations Recommendations on the Transport of Dangerous Goods, in the form of Transport of Dangerous Goods, in the form of the Model Regulations, appears to be the most the Model Regulations, appears to be the most appropriate instrument to enable such appropriate instrument to enable such harmonized identification information to be harmonized identification information to be adopted universally. adopted universally.

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

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The structure proposed by IME The structure proposed by IME recognizes that the key information for recognizes that the key information for traceability is traceability is the name and location of the name and location of the manufacturerthe manufacturer of the product and a of the product and a code that can be used to code that can be used to uniquely uniquely identifyidentify the individual explosive item. the individual explosive item. This proposal only deals with the format This proposal only deals with the format of such a marking and does not advocate of such a marking and does not advocate any physical or chemical modification of any physical or chemical modification of the explosive material contained in the the explosive material contained in the product (chemical or microscopic product (chemical or microscopic identifiers or taggants).identifiers or taggants).

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

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GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

The IME’s proposal 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 (e.g. acc. to ISO3166(2) code: US for USA; AU for Australia; IN for India etc., it is believed that such a format would have no impact on markings already being used within the European Union.

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The US explosives’ industry hopes, that those The US explosives’ industry hopes, that those countries outside of the European Union that countries outside of the European Union that have already mandated security marking have already mandated security marking requirements will authorize the proposed requirements will authorize the proposed format as an acceptable alternative to that format as an acceptable alternative to that which they have already mandated. which they have already mandated. Additionally, it is hoped that those countries Additionally, it is hoped that those countries planning to mandate such marking will accept planning to mandate such marking will accept the proposed format as their mandated format the proposed format as their mandated format or at least as an acceptable alternative. The or at least as an acceptable alternative. The USA’s Bureau Alcohol, Tobacco, Firearms, and USA’s Bureau Alcohol, Tobacco, Firearms, and ExplosivesExplosives (ATF) has already accepted the EU- (ATF) has already accepted the EU-based format as an alternative for use in that based format as an alternative for use in that country. Additionally, country. Additionally, BrazilBrazil has accepted the has accepted the format on a case-by-case basis.format on a case-by-case basis.

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

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PROPOSAL TO THE NEXT WP 15 MEETING:PROPOSAL TO THE NEXT WP 15 MEETING:

The Sub-Committee is requested to add a note to Table 1.4.1 The Sub-Committee is requested to add a note to Table 1.4.1 in Chapter 1.4 of the Model Regulations directing the reader in Chapter 1.4 of the Model Regulations directing the reader to the provisions of a new Section 1.4.4 to be added to to the provisions of a new Section 1.4.4 to be added to

Chapter Chapter 1.4. The proposed note is shown in “Amendment 1” in Annex 1.4. The proposed note is shown in “Amendment 1” in Annex 1. Further, the Sub-Committee is requested to a add a new 1. Further, the Sub-Committee is requested to a add a new section 1.4.4 to Chapter 1.4 of the Model regulationssection 1.4.4 to Chapter 1.4 of the Model regulationsdescribing the globally harmonized explosives security describing the globally harmonized explosives security marking format as shown in “Amendment 2” in Annex 1.marking format as shown in “Amendment 2” in Annex 1.

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

Page 63: 1 Federation of European Explosives Manufacturers 155th Meeting of the Executive Committee on 17 October 2014 in Palma, Hotel Melia Victoria.

Any Questions and/or comments?Any Questions and/or comments?

GLOBALLY HARMONIZED STANDARD FOR GLOBALLY HARMONIZED STANDARD FOR EXPLOSIVES SECURITY MARKINGS EXPLOSIVES SECURITY MARKINGS

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4.a.4: LEAD AZIDE 4.a.4: LEAD AZIDE SITUATION AS PER SITUATION AS PER SEPTEMBER 2014SEPTEMBER 2014

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

There has been numerous correspondence in the There has been numerous correspondence in the past years between FEEM, ECHA, ILA, national NB past years between FEEM, ECHA, ILA, national NB and the Commission concerning the handling of and the Commission concerning the handling of lead and its derivates in the detonator industry. lead and its derivates in the detonator industry. However, for formal reasons there was no way to However, for formal reasons there was no way to avoid that these substances appeared on the avoid that these substances appeared on the Candidate List.Candidate List.

During the REACH registration and evaluation During the REACH registration and evaluation process more than 100.000 chemicals in use in the process more than 100.000 chemicals in use in the EU have been registered. Of these only 3.000 have EU have been registered. Of these only 3.000 have been tested and over 800 are known to be been tested and over 800 are known to be carcinogenic, mutagenic or toxic to reproduction carcinogenic, mutagenic or toxic to reproduction and are classified as SVHC, because of their and are classified as SVHC, because of their potential negative impacts on human health or the potential negative impacts on human health or the environment . All of the Lead Derivates are in the environment . All of the Lead Derivates are in the last category. Therefore, these are listed in the last category. Therefore, these are listed in the Annex 1 of the Annex 1 of the Dangerous Substances DirectiveDangerous Substances Directive = = Candidate List (now Annex VI of the Candidate List (now Annex VI of the CLP RegulationCLP Regulation). ).

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

21 lead compounds were included on the candidate list at the end of 2012 in addition to the six lead compounds that were already listed, 27 in total.

The Member State Committee will soon be debating the proposals by ECHA for compounds to be included in the 6th Annex XIV Recommendation.

Although volumes of some lead compounds manufactured in the EU are relatively high (automotive, glass, paint) the use in Explosives and Pyrotechnics is very small (<50t/a). FEEM believe that REACH Authorisation would not be the most efficient Risk Management Option for reasons of effectiveness and proportionality.

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The The PUBLIC CONSULTATIONPUBLIC CONSULTATION on the 21 substances on the 21 substances proposed by ECHA to be placed on the 6th priority proposed by ECHA to be placed on the 6th priority list will be delayed until 1 September 2014. The list will be delayed until 1 September 2014. The PUBLIC CONSULTATION WILL LAST FOR THREE PUBLIC CONSULTATION WILL LAST FOR THREE MONTHS AND WILL END MONTHS AND WILL END 30 NOVEMBER 201430 NOVEMBER 2014..  The consultation will focus on two aspects:The consultation will focus on two aspects: 1. Information on USES AND RESPONSE TO 1. Information on USES AND RESPONSE TO PRIORITISATION, which will be assessed by ECHA PRIORITISATION, which will be assessed by ECHA for their recommendation, and for their recommendation, and

2. additional SOCIO-ECONOMIC INFORMATION 2. additional SOCIO-ECONOMIC INFORMATION which will be transmitted to the Commission.   which will be transmitted to the Commission.  

The latter, will help the Commission gain more The latter, will help the Commission gain more information on the impacts of authorisation on the information on the impacts of authorisation on the European economy before making any final European economy before making any final decisions on which substances will be added to decisions on which substances will be added to Annex XIV (authorisation list). Annex XIV (authorisation list). 

REACH - PUBLIC CONSULTATIONREACH - PUBLIC CONSULTATION

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Who will be affected? Who will be affected?

Businesses may be affected in a number of ways Businesses may be affected in a number of ways when a substance is placed on Annex XIV. Those when a substance is placed on Annex XIV. Those businesses who use a substance (or a mixture businesses who use a substance (or a mixture containing a substance) that is listed on Annex containing a substance) that is listed on Annex XIV will no longer be allowed to use it after the XIV will no longer be allowed to use it after the sunset date unless they are covered by an sunset date unless they are covered by an authorization (or the uses are exempt from authorization (or the uses are exempt from authorization). authorization).

Some businesses may choose to discontinue Some businesses may choose to discontinue manufacture and/or use rather than apply for manufacture and/or use rather than apply for authorization and those that do apply may have authorization and those that do apply may have their applications rejected. This could mean that their applications rejected. This could mean that a substance or mixture you use is no longer a substance or mixture you use is no longer available. available.

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STANDARD FEES FOR APPLICATIONS FOR AN AUTHORISATION UNDER ARTICLE 62 OF

REGULATION EC 1907/2006

Base feeBase fee EUR EUR 53.30053.300Additional fee per substanceAdditional fee per substanceEUR 10.660EUR 10.660Additional fee per useAdditional fee per use EUR EUR 10.66010.660Additional fee per applicantAdditional fee per applicantEUR 39.975EUR 39.975

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Lead Azide Situation as per Lead Azide Situation as per September 2014September 2014

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

FEEM thinks that the restriction of use of Lead-Tetroxide is approaching (at least in Europe) and we have to send our comments to ECHA in order to show the joint position of FEEM members. At the WG meeting in Lisbon in October 2014 we discussed this topic. We are preparing a Guidance to ECHA for the Public Consulation before 30 November based on the following guidelines:

1. We insist on the formal reasons (low tonnage, well controlled manufacturing processes, good H&S results etc) already communicated to ECHA in June 2013.

2. We will explain the socio-economic importance of detonators and delay elements in the developments of other European industrial sectors (mining, quarrying, civil works etc).

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

3. As an alternative to conventional detonators (i.e. delays with Pb) we will high lighten Electronic Detonators. (Cost/benefit ratio?)

4. It is convenient to say something about the alternative substances to Lead-tetroxide in delay elements. Are there really alternative substances at industrial scale? (e.g. Mercury fulminate, Silver azide etc.) Answer: NO!

5. FEEM will send comments to ECHA amd Commission before 30 November.

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

Our main arguments are:Our main arguments are:

1. Prioritizing a chemical prior to the communication of an RMO* is inappropriate

- All 27 lead compounds on the candidate list have been subject to an RMO completed by ECHA and provided to the Commission. Including them now on the Priority List seems inappropriate especially since there are serious concerns about the effectiveness of REACH authorization as the most effective RMM* for lead compounds.

• Risk Management Option• Risk Management Measures

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

2. Lead compounds are already regulated by the

EU – The manufacturing and use of lead

compounds is already regulated by long-standing lead specific risk management measures (e.g. Chem. Legislation, REACH, CLP, Occupational Health Regulations etc.). This consideration must be taken forward in the approach to scoring and assessment of regulatory effectiveness, as the value and effectiveness of additional measures will be disproportionate.

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

3. Priority scoring concerns

If priority scoring relies only on information submitted in the 2010 Registration dossiers we are concerned that it will produce an incorrect score. Regrettably the dossiers included out-dated information in some exposure scenarios. New information has already been provided to ECHA and dossiers are currently being updated to reflect this. Industry has recently completed a priority scoring exercise using the latest ECHA methodology and current use information and this highlighted that Lead Tetroxide (Orange Lead) would have the highest priority score.

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

4. The compounds have industrial uses only

– THERE ARE NO CONSUMER USES!

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

5. WORKERS ARE ALREADY PROTECTED BY EXISTING EU LEGISLATION

All applications of the relevant lead compounds industrial. Industrial use of lead is already regulated by legal requirements to protect workers in the form of a Binding Limit Value in the Chemicals Agents Directive that establishes EU-wide minimum standards.

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

6. INTERMEDIATE ARGUMENTS NEED TO BE CONSIDERED IN PRIORITY SCORING

Use of Lead Dinitrate and Lead Monoxide in explosives has been demonstrated to be an “intermediate” use as the substances are integral to detonators. Fortunately, both Lead Dinitrate and Fortunately, both Lead Dinitrate and Lead Monoxide are used by FEEM members as Lead Monoxide are used by FEEM members as intermediate substances (see article 3 (15) of intermediate substances (see article 3 (15) of REACH). In other words, these substances are used REACH). In other words, these substances are used for chemical production of other substances. for chemical production of other substances. According to information received by member According to information received by member companies, Lead Dinitrate is used as raw material in companies, Lead Dinitrate is used as raw material in the manufacture of Lead Azide, Lead Styphnate and the manufacture of Lead Azide, Lead Styphnate and other primary explosives. Similarly, Lead Monoxide other primary explosives. Similarly, Lead Monoxide is used as raw material in the production of other is used as raw material in the production of other lead compounds that are used in the production of lead compounds that are used in the production of the above mentioned primary explosives. the above mentioned primary explosives. Intermediate substances are exempted for Intermediate substances are exempted for Authorisation (see article 2(8) of REACH) so these Authorisation (see article 2(8) of REACH) so these substances are not in the scope of this threat of substances are not in the scope of this threat of jumping to the Annex XIV at least for FEEM jumping to the Annex XIV at least for FEEM members.members.

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Lead Oxides – Latest DevelopmentsLead Oxides – Latest Developments

Then, the only substance that could be included in the Then, the only substance that could be included in the future in the Authorisation List is the future in the Authorisation List is the ORANGE LEADORANGE LEAD..

That is why FEEM took the initiative in order to avoid That is why FEEM took the initiative in order to avoid the inclusion of Orange-lead in the Authorisation List the inclusion of Orange-lead in the Authorisation List and send a relevant letter to the ECHA Directorate on 19 and send a relevant letter to the ECHA Directorate on 19 June 2013 with a subsequent Guidance before Nov. June 2013 with a subsequent Guidance before Nov. 2014.2014.

The reasons for supporting the low priority for Orange The reasons for supporting the low priority for Orange Lead (regarding priority for jumping from the Candidate Lead (regarding priority for jumping from the Candidate List to the Annex XIV) are quite similar to the reasons List to the Annex XIV) are quite similar to the reasons that were compiled by FEEM for the lead primary that were compiled by FEEM for the lead primary explosive compounds (lead azide and lead styphnate) explosive compounds (lead azide and lead styphnate) according to our letter to ECHA of 3 October 2011.according to our letter to ECHA of 3 October 2011.

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Lead monoxide EC# 215-267-0

ES number

ES 6

Linked to Identified Use

Use of orange lead in

explosive manufacture

Note Orange-Lead (lead tetroxide, Pb3O4) is a substance used as a raw material for detonator manufacturing. This substance has no explosive properties and it is used as an oxidizer to obtain a controlled chemical reaction within the detonator structure to obtain a chemical delay in the blasting applications. Orange Lead (Pb3O4) and silicon (or other reducing agents) totally react during use of delay elements and the chemical reaction is complete and irreversible. After detonation, the chemicals inside the delay system react and the final products are silica (SiO2), metallic lead (Pb), and unreacted silicon (Si).

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Any Questions and/or comments?Any Questions and/or comments?

LEAD OXIDESLEAD OXIDES

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4.a.5: COLOR-CODING OF 4.a.5: COLOR-CODING OF EXPLOSIVESEXPLOSIVES

In July 2014 FEEM has distributed to their members the I.R.E. (ISTITUTO RICERCHE ESPLOSIVISTICHE) Report with recommendations to the EU Commission (Directorate – General Home Affairs) toward setting standards and regulating the colour-coding of explosives and blasting accessories such as igniters, detonators and detonating cords.

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Color-Coding of ExplosivesColor-Coding of Explosives

These recommendations were developed by AID – Stabilimento Militare Ripristini e Recuperi del Munizionamento (Ammunition Refurbishing and Recovery Plant) in collaboration with I.R.E. – Istituto Ricerche Esplosivistiche (Explosive Research Institute) and ECA Italia (European Consulting Agency Srl). The work was funded with the financial support from the Prevention of and Fight against Crime Programme of the European Union – European Commission – Directorate – General Home Affairs.

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Color-Coding of ExplosivesColor-Coding of Explosives

Although this project is obviously ongoing for some years already, this is the first time the EXPLOSIVES INDUSTRY is being informed about such a research called: “ICEA – Identification Colors of Explosives and Blasting Accessories” submitted under the call for proposal “ISEC 2010 ACTION GRANT” of the “Prevention and Fight against Crime” Program. The goal of the ICEA project is to provide help Governments and Police forces in simplifying counter-terroristic and crime investigation measures and in simplifying the recognition and identification procedure of cables and detonating cords.

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Color-Coding of ExplosivesColor-Coding of Explosives

Some of the arguments:

At present, there are almost 50 manufacturers of explosives and similar materials. Due to the absence of standardisation or unified norms, explosive devices often present sheaths of different colours within the same geographic area or can also be confused with products destined to other uses. The nature of certain devices is hard to be identified even by experts, if they are located at a distance. Such an uncertainty causes inevitable consequences concerning security, protection and crime investigations.

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Color-Coding of ExplosivesColor-Coding of Explosives

Detonating cord still appears as an object totally harmless, like so many others, such as wire for hanging wet clothes. Few years ago, a member of the Camorra in one district of Naples hung his clothes on some detonating cords. The concealment was discovered only thanks to the K9 police dog units.

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Color-Coding of ExplosivesColor-Coding of Explosives

They strongly recommend that a dedicated and unique coloring for cords and detonators wires should be imposed. To reach this goal, the ICEA research team has identified 30 different color combinations. Starting from these color combinations, a standardization of products could be easily achieved.

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Color-Coding of ExplosivesColor-Coding of Explosives

An example could be:

a color combination for instantaneous electric detonatorsa color combination for electric delay detonators plus a color combination for micro delay electric detonators (!?)a color combination for low, medium and high intensity detonators;

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Color-Coding of ExplosivesColor-Coding of Explosives

A color combination for 3-6-10-12-15-20-40-40-80 and 100 grams of PETN per meter detonating cords. The experts worked on two sets of 10 different color combinations in order to distinguish items for civilian and items for military use.

They propose that color combinations with stripes (which could be embossed in order to be distinguished just by touching them) could be dedicated to detonating cords intended for military use, while the set of 10 color combinations with dots may be dedicated to the civilian sector.

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Color-Coding of ExplosivesColor-Coding of Explosives

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Color-Coding of ExplosivesColor-Coding of Explosives

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Color-Coding of ExplosivesColor-Coding of Explosives

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Color-Coding of ExplosivesColor-Coding of Explosives

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Color-Coding of ExplosivesColor-Coding of Explosives

??

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Any Questions and/or comments?Any Questions and/or comments?

Colour CodingColour Coding

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4.a.6: Obligation of End-4.a.6: Obligation of End-UsersUsers

It was reported by some members that It was reported by some members that there might be disparate systems applied there might be disparate systems applied in the EU. in the EU.

In some member states end-users are In some member states end-users are exempted from the duty to read data, exempted from the duty to read data, whereas in others they have to fulfill their whereas in others they have to fulfill their full obligations according to Article 13 of full obligations according to Article 13 of the Directive:the Directive:

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Any other businessAny other businessTHE DIRECTIVE IS VERY CLEAR IN THIS POINT!THE DIRECTIVE IS VERY CLEAR IN THIS POINT!

Data collection:Data collection:

1. 1. Member States shall ensure that undertakings in theMember States shall ensure that undertakings in theexplosives sector put in place a system for collecting explosives sector put in place a system for collecting

data indata inrelation to explosives including their unique relation to explosives including their unique

identificationidentificationthroughout the supply chain and life cycle.throughout the supply chain and life cycle.

2. The data collection system shall allow the 2. The data collection system shall allow the undertakings toundertakings to

keep track of the explosives in such a way that those keep track of the explosives in such a way that those holdingholding

the explosives can be identified at any timethe explosives can be identified at any time

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Who are involved?Who are involved?

All the supply chain from the All the supply chain from the manufacturer / importer manufacturer / importer /distributor to the end user, /distributor to the end user, including transport in terms of including transport in terms of movement of explosives.movement of explosives.

Obligation of End-UsersObligation of End-Users

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Obligation of End-Obligation of End-UsersUsers

Definitions

1. 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.

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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, …)

Obligation of End-UsersObligation of End-Users

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Obligation of End-UsersObligation of End-Users

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.

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Obligation of End-UsersObligation of End-Users

What are the main obligations for an end user?

a. Put in place a system for collecting data in relation to explosives including their unique identification throughout the supply chain and life cycle.

b. The system could be digital or manual.c. 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.

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Obligation of End-UsersObligation of End-Users

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.

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Obligation of End-UsersObligation of End-Users

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.

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Obligation of End-UsersObligation of End-Users

What will happen if the system is not in place on my site in due time?

1. 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.2. 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.

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Obligation of End-UsersObligation of End-Users

IS THE T&T SYSTEM HANDLED IS THE T&T SYSTEM HANDLED HOMOGENEOUSLY IN ALL EU HOMOGENEOUSLY IN ALL EU MEMBER STATES?MEMBER STATES?

Meanwhile FEEM has contacted Meanwhile FEEM has contacted the Commission (and UEPG) for the Commission (and UEPG) for clarification. We realize that by clarification. We realize that by implementing different implementing different standards there might be a standards there might be a competitive discrimination.competitive discrimination.

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Any Questions and/or comments?Any Questions and/or comments?

Obligations of End-UsersObligations of End-Users

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4 b: Incidents4 b: IncidentsTRUCK EXPLOSION ON THE TRUCK EXPLOSION ON THE

MITCHELL HIGHWAY, MITCHELL HIGHWAY, QUEENSLAND ON 5 SEPTEMBER QUEENSLAND ON 5 SEPTEMBER

2014 2014

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Queensland AccidentQueensland Accident

A TRUCK carrying AN in outback Queensland A TRUCK carrying AN in outback Queensland exploded with such force that residents more than exploded with such force that residents more than 30km away thought an earthquake had occurred. 30km away thought an earthquake had occurred.

Four firefighters and a policeman were among eight Four firefighters and a policeman were among eight people injured when a truck carrying 50 tonnes of people injured when a truck carrying 50 tonnes of ammonium nitrate exploded on the Mitchell ammonium nitrate exploded on the Mitchell Highway, about 30km south of Charleville in Highway, about 30km south of Charleville in southwest Queensland.southwest Queensland.

The explosion occurred as emergency crews The explosion occurred as emergency crews responded to reports of a truck rollover.responded to reports of a truck rollover.

The force of the blast destroyed a bridge, cutting off The force of the blast destroyed a bridge, cutting off the main route between Charleville and nearby the main route between Charleville and nearby Wyandra. It also severely damaged two fire trucks at Wyandra. It also severely damaged two fire trucks at the scene.the scene.

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Queensland AccidentQueensland Accident

Four firefighters were also injured, with two Four firefighters were also injured, with two still recovering in hospital, along with a still recovering in hospital, along with a police officer and another member of the police officer and another member of the public. Charleville police officer-in-charge public. Charleville police officer-in-charge Senior Sergeant Adrian Rieck said the Senior Sergeant Adrian Rieck said the Queensland Fire and Emergency Service Queensland Fire and Emergency Service crews were able to remove the driver from the crews were able to remove the driver from the wreck before the explosion.wreck before the explosion.

"They were very close, within 30 metres of the "They were very close, within 30 metres of the wreckage, and at that time there were two wreckage, and at that time there were two explosions within quick succession," he said.explosions within quick succession," he said.

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Queensland AccidentQueensland AccidentThe truck belongs to Kalari Transport Ltd., which The truck belongs to Kalari Transport Ltd., which is one of Australia’s specialist bulk logistics is one of Australia’s specialist bulk logistics providers to the mining and resources sector providers to the mining and resources sector carrying AN from ORICA'S YARWUN plant at carrying AN from ORICA'S YARWUN plant at GLADSTONE.GLADSTONE. FIVE trucks a week depart Orica's Yarwun factory FIVE trucks a week depart Orica's Yarwun factory loaded with ammonium nitrate, headed for all loaded with ammonium nitrate, headed for all parts of the country. parts of the country. One of those trucks overturned on the Mitchell One of those trucks overturned on the Mitchell Hwy near Charleville on Friday, headed for South Hwy near Charleville on Friday, headed for South Australia. Australia. Diesel spilling from the fuel tank came into Diesel spilling from the fuel tank came into contact with the load, creating a massive contact with the load, creating a massive explosion which seriously injured eight and explosion which seriously injured eight and obliterated the highway and truck. obliterated the highway and truck. An attending fire truck was also destroyed. An attending fire truck was also destroyed. In light of the explosion, Gladstone residents have In light of the explosion, Gladstone residents have expressed concerns about living in the same town expressed concerns about living in the same town as an ammonium nitrate plant. as an ammonium nitrate plant.

(from the Australian “Observer”, 9.9.14)(from the Australian “Observer”, 9.9.14)

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2. VIDEX EXPLOSIVES, BULGARIA2. VIDEX EXPLOSIVES, BULGARIA

The 2014 Gorni Lom explosions were The 2014 Gorni Lom explosions were a series of explosions that began on a series of explosions that began on the afternoon of 1 October, 2014, at the afternoon of 1 October, 2014, at 16:59 pm local time at the former 16:59 pm local time at the former Midzhur Ammo Plant belonging to Midzhur Ammo Plant belonging to Videx Explosives Ltd. in the village of Videx Explosives Ltd. in the village of Gorni Lom, in Bulgaria's Gorni Lom, in Bulgaria's northwestern Vidin Province. The northwestern Vidin Province. The series of blasts completely destroyed series of blasts completely destroyed the factory, killing 13 men and 2 the factory, killing 13 men and 2 women who were inside and injuring women who were inside and injuring 3 others who were some distance 3 others who were some distance away. away.

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VIDEX EXPLOSIVES, VIDEX EXPLOSIVES, BULGARIABULGARIA

VIDEX produces civil explosives like:VIDEX produces civil explosives like:

various types of Ammonites (AN + TNT)various types of Ammonites (AN + TNT)ANFO & Mixtures with demil. explosivesANFO & Mixtures with demil. explosivesCast TNT BOOSTERSCast TNT BOOSTERS

& they deal with& they deal with

All sorts of demil. explosives All sorts of demil. explosives (TNT/RDX/PETN/HMX)(TNT/RDX/PETN/HMX)DetonatorsDetonatorsDet. CordsDet. CordsThey also offer blast & drilling servicesThey also offer blast & drilling services

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The main explosion took place at 16:59 pm The main explosion took place at 16:59 pm local time, with a large secondary blast local time, with a large secondary blast taking place at 21:45 pm. The approximately taking place at 21:45 pm. The approximately 15 people who were working inside the 15 people who were working inside the factory at the time of the first explosion are factory at the time of the first explosion are presumed to have died instantly, while 3 presumed to have died instantly, while 3 female workers in the vicinity of the female workers in the vicinity of the complex suffered injuries from flying glass complex suffered injuries from flying glass and shrapnel. Authorities estimated around and shrapnel. Authorities estimated around 10 tonnes of highly explosive chemicals 10 tonnes of highly explosive chemicals were stored at the site, in addition to the were stored at the site, in addition to the weapons being dismantled. weapons being dismantled.

VIDEX Explosives, BulgariaVIDEX Explosives, Bulgaria

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According to Nikola Nikolov, the head of According to Nikola Nikolov, the head of the interior ministry's civil defense the interior ministry's civil defense force, the blasts were powerful enough force, the blasts were powerful enough to completely destroy the main buildings to completely destroy the main buildings in the plant, leaving huge craters the in the plant, leaving huge craters the size of football fields behind and sending size of football fields behind and sending debris flying up to a kilometer away. The debris flying up to a kilometer away. The workers were reportedly dismantling old workers were reportedly dismantling old Greek mines at the time of the accident Greek mines at the time of the accident in Gorni Lom, approximately 145 km in Gorni Lom, approximately 145 km northwest of Bulgaria's capital Sofia.northwest of Bulgaria's capital Sofia.

VIDEX EXPLOSIVES, BULGARIAVIDEX EXPLOSIVES, BULGARIA

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The same plant had received several urgent The same plant had received several urgent citations by authorities just two months prior to citations by authorities just two months prior to the accident, notifying the owners of outdated the accident, notifying the owners of outdated equipment, improperly stored explosives and a equipment, improperly stored explosives and a larger amount of munitions at the site than it larger amount of munitions at the site than it could safely handle. could safely handle.

The same plant suffered two blasts in 2007 and The same plant suffered two blasts in 2007 and 2010 that injured a total of 6 people and flattened 2010 that injured a total of 6 people and flattened two separate buildings. In the aftermath of the two separate buildings. In the aftermath of the disaster labour minister Yordan Hristoskov vowed disaster labour minister Yordan Hristoskov vowed to never allow the factory to reopen, placing the to never allow the factory to reopen, placing the future of around 150 jobs in question and future of around 150 jobs in question and prompting condemnation from local residents.prompting condemnation from local residents.

VIDEX EXPLOSIVES, BULGARIAVIDEX EXPLOSIVES, BULGARIA

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This was Bulgaria's tenth such This was Bulgaria's tenth such accident since 1979 and the second accident since 1979 and the second one in just two months, after a blast one in just two months, after a blast at a similar plant in Kostenets injured at a similar plant in Kostenets injured 10 people on August 8. An explosion 10 people on August 8. An explosion at another facility near Sliven killed 3 at another facility near Sliven killed 3 people in 2012, and in 2008 a series people in 2012, and in 2008 a series of huge blasts at an arms depot near of huge blasts at an arms depot near Sofia injured 3, forced the closure of Sofia injured 3, forced the closure of Sofia Airport and registered as a 3.2 Sofia Airport and registered as a 3.2 tremor on seismographs. tremor on seismographs.

VIDEX EXPLOSIVES, BULGARIAVIDEX EXPLOSIVES, BULGARIA

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In response to the disaster, authorities In response to the disaster, authorities dispatched Army units equipped with drones dispatched Army units equipped with drones and thermal cameras to search for survivors and thermal cameras to search for survivors and assess the damage. After a period of 24 and assess the damage. After a period of 24 hours since the last explosion had passed, hours since the last explosion had passed, investigators were allowed access to the investigators were allowed access to the scene and began their work, making the scene and began their work, making the initial trip in a Bulgarian Army Sand Cat initial trip in a Bulgarian Army Sand Cat vehicle as a safety precaution. One of the vehicle as a safety precaution. One of the members of that initial team, Valentin members of that initial team, Valentin Radev, said that "the plant and the people Radev, said that "the plant and the people seem to have just vanished" and described seem to have just vanished" and described the scene as a "moonscape". the scene as a "moonscape".

VIDEX EXPLOSIVES, BULGARIAVIDEX EXPLOSIVES, BULGARIA

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The experts think the most likely reasons behind the The experts think the most likely reasons behind the tragedy are a human error or non-observance of tragedy are a human error or non-observance of technological discipline and probable violation of technological discipline and probable violation of workplace safety rules.workplace safety rules.Asked to comment on what a human error meant, one Asked to comment on what a human error meant, one official said: “For instance, I hold a particular official said: “For instance, I hold a particular opinion. At the workshop, there was a machine at one opinion. At the workshop, there was a machine at one of its ends that broke trinitrotoluene taken out of the of its ends that broke trinitrotoluene taken out of the mines to powder. That trinitrotoluene is of lower mines to powder. That trinitrotoluene is of lower sensitivity and can be processed in that manner but in sensitivity and can be processed in that manner but in the American-made mines – M16 there are explosive the American-made mines – M16 there are explosive charges of a more sensitive explosive substance. charges of a more sensitive explosive substance. When one has not taken it out and it comes to be in When one has not taken it out and it comes to be in the blocks containing trinitrotoluene, it is highly the blocks containing trinitrotoluene, it is highly sensitive and this may have caused the blast.“ sensitive and this may have caused the blast.“

VIDEX EXPLOSIVES, BULGARIAVIDEX EXPLOSIVES, BULGARIA

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““Major responsibility falls upon Major responsibility falls upon company’s management. They used company’s management. They used to show criminal negligence to show criminal negligence towards the recommendations of towards the recommendations of the Labour Inspectorate and the the Labour Inspectorate and the dangerous substances control dangerous substances control service (KOS),” said Bulgarian service (KOS),” said Bulgarian interim Deputy Prime Minister and interim Deputy Prime Minister and Minister of Labour and Social Minister of Labour and Social Policies, Yordan Hristoskov.Policies, Yordan Hristoskov.

VIDEX EXPLOSIVES, BULGARIAVIDEX EXPLOSIVES, BULGARIA

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AOBAOB

Further Subjects?Further Subjects?

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7. Date & Place of the next meeting:7. Date & Place of the next meeting:

OnOn

Thursday, Thursday, 26 February 2015 from 9 to 12h3026 February 2015 from 9 to 12h30With aWith a

Dinner on 25 February 2015 at 19h00Dinner on 25 February 2015 at 19h00AtAt

Manos Conférence & Business Centre Manos Conférence & Business Centre 135, Chaussée de Charleroi135, Chaussée de Charleroi

B-1060 BruxellesB-1060 BruxellesTel: +32.2.541.17.87Tel: +32.2.541.17.87Fax: +32.2.541.17.97Fax: +32.2.541.17.97

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Executive Committee Meeting Executive Committee Meeting Mallorca 2014Mallorca 2014

Thank you for your Thank you for your attention and a good attention and a good

meeting. meeting.

Lunch will be served now in Lunch will be served now in the Restaurant. the Restaurant.