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The Identification and Traceability of Explosives Regulations (Northern Ireland) 2013

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This is the original version (as it was originally made).

Attribution of manufacturing site codes

This section has no associated Explanatory Memorandum

5.—(1) This regulation applies for the purposes of the attribution of a three digit code (referred to in this regulation as the “code”) to a site where explosives are manufactured, which is unique to that site and is a component of the unique identification described in Schedule 1.

(2) For each site within Northern Ireland at which explosives are manufactured —

(a)the manufacturer must apply to the Secretary of State to attribute a code for the site; and

(b)the Secretary of State must attribute the code and inform the manufacturer accordingly.

(3) For the purposes of the attribution of a code to a site where explosives are manufactured in a country that is not an EEA State(1)—

(a)paragraph (4) applies where the manufacturer is established in an EEA State and the place of import of the explosive is Northern Ireland;

(b)paragraph (5) applies where the manufacturer is not established in an EEA State and the place of import of the explosive is Northern Ireland; and

(c)paragraph (6) applies where the manufacturer is established in Northern Ireland and the place of import of the explosive is either Great Britain or an EEA State other than the United Kingdom.

(4) Where this paragraph applies—

(a)in the case where the manufacturer is established in Northern Ireland—

(i)the manufacturer must apply to the Secretary of State to attribute a code for the site where the explosives are manufactured; and

(ii)the Secretary of State must attribute the code and inform the manufacturer accordingly; and

(b)in the case where the manufacturer is established in Great Britain or an EEA State other than the United Kingdom—

(i)the Secretary of State must attribute a code for the site where the explosives are manufactured when it receives a request from the manufacturer to do so; and

(ii)the Secretary of State must inform the manufacturer accordingly.

(5) Where this paragraph applies—

(a)the importer must apply to the Secretary of State to attribute a code for the site where the explosives are manufactured; and

(b)the Secretary of State must attribute the code and inform the importer accordingly.

(6) Where this paragraph applies, the manufacturer must apply to—

(a)the Health and Safety Executive, where the place of import of the explosive is Great Britain; or

(b)the national authority of the EEA State of import of the explosive,

for the Health and Safety Executive or that national authority, as the case may be, to attribute a code for the site where the explosives are manufactured.

(1)

Directive 2008/43/EC applies in relation to the EEA by virtue of Decision No. 119/2010 of the EEA Joint Committee: OJ No. L 58, 10.11.2010, p.76.

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