Federation of European Explosives ManufacturersMeeting of the H&S Working Group Delegates on01 October 2014in Lisbon, Portugal
Meeting of the Transport Working Group • List of Participants • Jean-Paul Reynaud, Titanobel, France Chairman • Severine Gautreau, DB, France • Janusz Dryzga , Nitroerg, Poland • Jaroslav Konarik, Austin Detonator, Poland • Ashley Haslett, EOC, UK • Javier Lopez Amigo, Maxam, Spain • Jose M. Castresana, Maxam, Spain • Jens Schlierf, Orica, Germany • Matti Vähäpassi, Forcit, Finland • Maurice Delaloye, SSE, Switzerland • Martin Klein, DynaEnergetics, Germany • Marin Dorobantu, Weatherford, Romania • Thierry Rousse, EPC, France • Apology • Walter Panchyrz, Orica, Germany • Hans Karlström, Kimit, Sweden • In attendance: Hans H. Meyer, FEEM, Belgium
Compliance with European Competition Law 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 at the previous meeting in Bonn to the working group delegates.
Compliance with European Competition Law Very clearly: You are not allowed to discuss or exchange information which is not in conformity with competition legislation, including e.g. on: • Prices • Production details • Transportation rates • Market procedures
Meeting of the H&S Working Group (Draft) Agenda for 01 October 2014 • Opening remarks by the chairman Jean-Paul Reynaud • Compliance with the European and • National Competition Laws and Regulations Hans Meyer • Agenda and Approval Jean-Paul Reynaud • Minutes of the last meeting on 13 March 2014 in Prague and approval Jean-Paul Reynaud • Secretary General’s Report Hans Meyer
Meeting of the H&S Working Group (Agenda cont.) • with, in particular: • DIRECTIVE 2014/28/EU • CLP UP-DATE • New requirements for mixtures as of 1 June 2015 • Proposal for review of Chapter 2.1 (Explosives) in the GHS • Any other Business • Globally harmonized standard for explosives security markings • Marking of large diameter detonating cords
Meeting of the H&S Working Group (Agenda cont.) • Lead tetroxide/lead monoxide, situation as per September 2014 • The Color-Codingof Explosives • Subjects for discussion at the next meeting • Statistics • Date, place and time of next meeting
Meeting of the H&S Working Group Do you agree to this Agenda?
Meeting of the H&S Working Group Item 4 Approval of the Minutes of the H&S Group Meeting held in Prague on Wednesday, 26th March 2014
Meeting of the H&S Working Group Item 4 Do you approve these Minutes ?
Item 5 Secretary General’s Report DIRECTIVE 2014/28/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 February 2014
Directive 2014/28 • You are aware that a new Directive has been published this year, regulating the harmonization of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses. This Directive incorporates a number of other Directives and Regulations such as 93/15 & 2008/43, 2004/57, 765/2008, 768/2008, 96/82, 2013/29, 91/477 and others, dealing with explosives and pyrotechnical articles.
Directive 2014/28 • This is the new “Bible” for the Explosives Industry! • 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.
Directive 2014/28 What is not covered? • explosives, including ammunition, intended for use, in accordance with national law, by the armed forces or the police • pyrotechnic articles falling within the scope of Directive 2013/29/EU • (c) ammunition, save as provided for in Articles 12, 13 and 14.
Directive 2014/28 • Major emphasis is focused on: • 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 2014/28 • 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 2014/28 • Manufacturers shall ensure that explosives which they have placed on the market bear a unique identification in accordance with the system for the identification and traceability of explosives. For explosives excluded from that system, manufacturers shall: • Ensure that explosives which they have placed on the market bear a type, batch or serial number or other element allowing their identification, or, where the small size, shape or design of the explosive does not allow it, that the required information is provided on its packaging or in a document accompanying the explosive.
Directive 2014/28 • or • Indicate on the explosive their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the explosive. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities.
Directive 2014/28 • 3. Manufacturers shall ensure that explosives which they have placed on the market are accompanied by instructions and safety information in a language which can be easily understood by end-users, as determined by the Member State concerned. Such instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible.
Directive 2014/28 • 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 2014/28 • The Directive also deals with the qualification of the • conformity assessment body (NB), e.g. • their personnel shall carry out the conformity assessment activities with the highest degree of professional integrity and requisite technical competence. • 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 2014/28 • 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 2014/28 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 2014/28 • Union market surveillance and control of explosives entering the Union market (formally Regulation (EC) No 765/2008) • 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 2014/28 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 2014/28 • 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, towithdraw the explosive from that market or to recall it.
Directive 2014/28 You can find the complete text of the Directive on our home-page or down-load it from the EU web-side: http://eur-lex.europa.eu/legal-content
CLP UP-DATE There has been a proposal from the working group side to put CLP up on the Agenda, because for explosives (mixtures), the deadline will be 1 June 2015. The CLP Regulation will ultimately replace the current rules on classification, labelling and packaging of substances (Directive 67/548/EEC) and preparations (Directive 1999/45/EC) after this transitional period.
CLP (The classification, labelling and packaging of chemical substances and mixtures) (DIRECTIVE 2008/112/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the Council in order to adapt them to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures)
CLP Background The production and use of chemicals is fundamental to all economies all over the world. However, it is also recognized that chemicals pose risks that should be indicated throughout the supply chain. Many countries have developed systems for providing information on hazardous properties and control measures of chemicals aimed at ensuring their safe production, transport, use and disposal. Yet, those systems are currently not always compatible with each other and often require multiple labels and Safety Data Sheets for the same product.
CLP BACKGROUND Consequently, companies involved in international trade need to follow multiple regulations regarding hazard classification and labelling depending on where they do business and users may see inconsistent label warnings and Safety Data Sheets for the same chemical.
CLP • The classification and labelling of explosive mixtures is changing on 1 June 2015! • New pictograms with a white background are replacing the orange ones in the EU. From 1 June 2015 companies are required to classify and label both substances and mixtures according to the CLP Regulation. Make sure you learn what the labels mean and read the instructions to ensure safe use. Information on the CLP pictograms and on the label is available on the European Chemical Agency website.
GHS - Overview (I) – The UN-developed system „GHS“ stands for „Globally Harmonized System of Classification and Labelling of Chemicals“. – With GHS, globally harmonized criteria have been created for the classification and labelling of chemicals. GHS wants to ensure internationally comparable high standards for health and consumer protection, occupational health and safety, and environmental protection. – GHS regulates ... • criteria for the classification of physical, toxicological and environmental relevant properties ... • classification and labeling ... • harmonized hazard communication ... (e.g. harmonized label statements and harmonized safety data sheets) ... of chemicals.
GHS - Overview (III) – GHS affects manufacturers, suppliers, and users of chemicals – The global implementation of GHS should take place during 2008. The registration phase of REACH, the uniform chemical law applicable within the EU, also begins in 2008. – Because of the numerous interconnections between GHS and REACH, 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.
GHS - Current Status (July 2014) Implementation by the national authorities ArgentinaCzech RepublicJapanNigeriaSlovenia AustraliaDenmarkNorwaySouth Africa AustriaEcuadorLatviaParaguaySpain BelgiumEstoniaLiechtensteinPeruSweden BoliviaFinlandLithuaniaPhilippinesSwitzerland BrazilFranceLuxembourgPolandThailand Brunei, DarussalamGambiaMadagascarPortugalUnited Kingdom BulgariaGermanyMalaysiaRepublic of KoreaUnited States of America CambodiaGreeceMaltaRomaniaUruguay CanadaHungaryMauritiusRussian FederationViet Nam ChileIcelandMexicoSenegalZambia ChinaIndonesiaMyanmarSerbia ColombiaIrelandNetherlandsSingapore CyprusItalyNew ZealandSlowakia Laos Transport of dangerous goods planned, Other sectors planned Transport of dangerous goods implemented, Other sectors planned Transport of dangerous goods implemented, Other sectors implemented
REACH / GHS - Contact points REACHGHS Substance = Substance Preparation ↔ Mixture Article = Article Registrant = Registrant Manufacturer = Manufacturer Importer = Importer Downstream User = Downstream User Distributor = Distributor Only Representing Manufacturing = Manufacturing Import = Import hazard class hazard category hazard pictogram hazard statement signal word precautionary statement
GHS – What must be done? The conversion to GHS has significant effects on the handling of chemicals. – All products have to be checked to be in line with the requirements of GHS. – Within the transition periods, • labelling shall be adapted to the new requirements. • safety data sheets shall be correspondingly changed. – All substances which meet the criteria for classification as hazardous and are placed on the market shall be notified to the European Chemicals Agency (ECHA) for inclusion in the classification and labelling inventory.
REACH / GHS - Timeline 01.06.2007 01.12.2008 01.12.2010 01.06.2013 01.06.2015 01.06.2018 Pre-registration *) Also: CMR-Substances ≥ 1 t/a/LE, R50/53-Substances ≥ 100 t/a/LE > 1000 t/a/LE*) REACH Transition period Registration process 100 – 1000 t/a/LE 1 – 100 t/a/LE GHS Substance Directive ← GHS-regulation ← Substance Directive GHS-regulation Dangerous preparations Directive ← GHS-regulation ← Dangerous preparations Directive GHS-regulation ← means: former use of GHS possible Substance: Classification in SDS Labeling Mixture: Classification in SDS Labeling
GHS - What essential changes does GHS involve? – GHS introduces globally harmonized criteria for the classification of physical, toxicological, and environmental relevant properties. – GHS establishes globally harmonized criteria for hazard communication. In the overview, this relates to the introduction of new or modified: • hazard classes, • hazard categories, • hazard pictograms, • signal words, • hazard statements, • precautionary statements. – 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.
GHS - 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.
GHS – Hazard pictograms Hazard symbols according to directive 67/548/EEC, Annex II CMRno own Symbol Gasesno own Symbol Hazard pictograms according to directive EC No. 127272008, Annex V
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 2 Physical hazards 3 hazards 4 all hazards Hazard statement H200 – Unstable Explosive Sequence in the group
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 1 General 2 Prevention 3 Response 4 Storage 5 Disposal Precaution statement P201 – Obtain special instructions before use. Sequence in the group
GHS - Example of Labeling Infuences MSDS and also Labelling