Marketing and use of explosives precursors

SUMMARY OF:

Regulation (EU) No 98/2013 on the marketing and use of explosives precursors

WHAT IS THE AIM OF THE REGULATION?

This EU regulation establishes harmonised rules concerning the making available, introduction, possession and use of explosives precursors — substances or mixtures that could be misused for the illicit manufacture of explosives. This aims to limit their availability to the general public, and to ensure that suspicious transactions, significant disappearances and thefts, throughout the supply chain, are reported appropriately.

Previous measures did not cover the entire EU or take account of the security risks associated with these chemicals.

KEY POINTS

Common framework

This regulation puts into force a common framework to harmonise EU countries’ laws regarding access to certain explosives precursors and to ensure an enhanced level of public security across the EU.

Scope

The scope of the regulation is limited to two short lists of substances (Annexes I and II) that are of the greatest concern.

Annex I lists the restricted explosives precursors subject to the ban. The general public is prohibited from acquiring, introducing, possessing or using these substances in concentrations over those stipulated in the annex.

In addition, the regulation imposes a duty on economic operators to report any suspicious transactions, as well as significant disappearances and thefts, involving substances or mixtures listed in both Annexes I and II. Suspicious transactions have to be reported to the national contact points designated by Member State authorities.

Licensing or registration regime

Individual EU countries have an option to maintain or establish a licensing regime or a registration regime:

a licensing regime permits them to issue licences for members of the general public with a legitimate need to acquire, introduce, possess or use restricted explosives precursors; and
a registration regime requires sellers of 3 of the restricted explosives precursors available to the general public to maintain a register of each transaction in accordance with specific arrangements.

Repeal

Regulation (EU) No 98/2013 is repealed by Regulation (EU) 2019/1148 (see summary) as of 31 January 2021.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 2 September 2014.

MAIN DOCUMENT

Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors (OJ L 39, 9.2.2013, pp. 1-11)

Successive amendments to Regulation (EU) No 98/2013 have been incorporated in the original text. This consolidated version is of documentary value only.