<\/span><\/h3>\nThe regulation:<\/p>\n
identifies 2 distinct categories of explosives precursors*:
\nrestricted explosives precursors, such as nitric acid, hydrogen peroxide and ammonium nitrate, set out in Annex I. These are not to be made available to, introduced, possessed or used by members of the general public unless their concentration is below specific limits;
\nregulated explosives precursors, such as acetone, sodium nitrate and magnesium powders, listed in Annex II;
\nrequires any suspicious transactions, significant disappearances and thefts in either category to be reported to the relevant authorities (the national contact points) in EU countries within 24 hours.<\/p>\n
EU countries:<\/p>\n
may issue licences for certain restricted explosives precursors to members of the general public who have a legitimate interest in obtaining restricted explosives precursors;
\nshould establish one or more national contact points operating 24\/7 to receive reports of suspicious transactions, significant disappearances and thefts;
\nprovide adequate resources for training law enforcement, customs authorities and emergency services (\u2018first responders\u2019) to recognise regulated explosives precursors and react to any suspicious activity;
\nensure authorities are in place to inspect and control application of the legislation;
\nintroduce effective, proportionate and dissuasive penalties for any violations of the regulation;
\nmay restrict or prohibit the making available, introduction, possession and use of a substance they consider could be used to make homemade explosives, even if it does not feature in the legislation (in which case the European Commission examines the provisional measure, and may require the country to revoke or change the provisional measure);
\nprovide the Commission by 2 February 2022, and subsequently, annually, information on:
\nreported suspicious transactions, significant disappearances and thefts;
\nlicence applications received, issued and the most common reasons for their refusal;
\nawareness-raising activities;
\ninspections carried out and economic operators covered.<\/p>\n
National authorities, when considering whether to issue a licence:<\/p>\n
should take account of the:
\nneed for the explosive and legitimacy of its intended use;
\navailability of alternatives with lower concentrations;
\napplicant\u2019s background, including information on any previous criminal convictions;
\nsecurity of the storage arrangements to be used;
\nrefuse to issue a licence if they have reasonable grounds to doubt the legitimacy of the intended use;
\nmay limit the validity of a licence below the maximum 3 years, and suspend or revoke it if the original conditions are no longer respected;
\nmay charge applicants a processing fee.<\/p>\n
Economic operators must:<\/p>\n
inform an economic operator to whom they provide regulated explosives precursors that the explosives precursor is subject to a restriction or to reporting obligations;
\nwhen providing regulated explosives precursors to professional users or members of the general public, ensure that its personnel are aware of which products contain regulated explosives precursors, and are instructed on the obligations of the regulation;
\ncheck, each time they supply restricted explosives precursors to a member of the public, proof of the individual\u2019s identity and licence;
\ncheck, each time they supply restricted explosives precursors to a professional user or another economic operator, information on the prospective customer and the intended use of the precursors (Annex IV provides a template for the customer statement);
\nkeep information on purchases for 18 months;
\nmay refuse to make precursors available if they believe the transaction is suspicious;
\nreport significant disappearances and thefts within 24 hours to the national contact point.<\/p>\n
Economic operators and online marketplaces:<\/p>\n
report suspicious transactions, especially if the prospective purchaser of regulated explosives precursors:
\nappears unclear or unfamiliar about their intended use;
\nwishes to buy them in quantities, combinations or concentrations unlikely for normal use;
\nis unwilling to provide proof of identity, place of residence or, where appropriate, status as professional user or economic operator;
\ninsists on using unusual forms of payment, including large cash sums;
\nhave in place appropriate, reasonable and proportionate procedures to detect suspicious transactions;
\nmay refuse suspicious transactions and must report these within 24 hours to the national contact point.<\/p>\n
The European Commission:<\/p>\n
provides regular guidelines in all official EU languages to assist all actors concerned, and to facilitate cooperation between economic operators;
\nmay adopt delegated acts to modify the limit values in Annex I, and to add substances to Annex II of the legislation;
\nreports, by 2 February 2026, to the European Parliament, the Council and the European Economic and Social Committee on the application of the regulation, through an evaluation.
\nThe legislation does not apply to certain types of pyrotechnic* articles and equipment \u2014 notably those used by the armed forces, law enforcement services, fire services, in farming, placed on board ships or in the aerospace industry \u2014 percussion caps for toys or medicinal products on the basis of a medical prescription.<\/p>\n
The regulation amends Regulation (EC) No 1907\/2006 on Registration, Evaluation, Authorisation and Restriction of Chemicals and also repeals Regulation (EU) No 98\/2013 (see summary) from 1 February 2021, although:<\/p>\n
licences issued under Regulation (EU) No 98\/2013 are valid until they expire or until 2 February 2022, whichever is the sooner;
\nmembers of the general public with restricted explosives precursors legally acquired before 1 February 2021 are allowed to possess, introduce or use them until 2 February 2022.
\nFROM WHEN DOES THE REGULATION APPLY?<\/p>\n
It applies from 1 February 2021.<\/p>\n
BACKGROUND<\/p>\n
For more information, see:<\/p>\n
Security Union: Commission welcomes political agreement on new rules for explosive precursors \u2014 press release (European Commission).
\nKEY TERMS<\/p>\n
Make available: to supply, whether for payment or free of charge.
\nSubstance: a chemical element and its compounds in a natural or manufactured state.
\nMixture: a solution composed of two or more substances.
\nExplosive precursors: chemical substances that could be used to make explosives illegally.
\nEconomic operator: any natural or legal person, public entity or group supplying the precursors either on or offline.
\nPyrotechnic: self-contained and self-sustained chemical reactions to make heat, light, gas, smoke and sound.<\/p>\n
<\/span>DOCUMENTS<\/span><\/h3>\nRegulation (EU) 2019\/1148 of the European Parliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors, amending Regulation (EC) No 1907\/2006 and repealing Regulation (EU) No 98\/2013 (OJ L 186, 11.7.2019, pp. 1-20)<\/p>\n
Communication from the Commission to the European Parliament, the European Council and the Council delivering on the European Agenda on Security to fight against terrorism and pave the way towards an effective and genuine Security Union (COM(2016) 230 final, 20.4.2016)<\/p>\n
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions \u2014 The European Agenda on Security (COM(2015) 185 final, 28.4.2015)<\/p>\n
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)<\/p>\n
Successive amendments to Regulation (EU) No 98\/2013 have been incorporated into the original text. This consolidated version is of documentary value only.<\/p>\n
Regulation (EC) No 1907\/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999\/45\/EC and repealing Council Regulation (EEC) No 793\/93 and Commission Regulation (EC) No 1488\/94 as well as Council Directive 76\/769\/EEC and Commission Directives 91\/155\/EEC, 93\/67\/EEC, 93\/105\/EC and 2000\/21\/EC (OJ L 396, 30.12.2006, p. 1-849). Text republished in corrigendum (OJ L 136, 29.5.2007, pp. 3-280)<\/p>\n
<\/span>Marketing and use of explosives precursors<\/span><\/h3>\nRegulation (EU) No 98\/2013 on the marketing and use of explosives precursors<\/p>\n
This EU regulation establishes harmonised rules concerning the making available, introduction, possession and use of explosives precursors \u2014 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.<\/p>\n
Previous measures did not cover the entire EU or take account of the security risks associated with these chemicals.<\/p>\n
<\/span>Common framework<\/span><\/h3>\nThis regulation puts into force a common framework to harmonise EU countries\u2019 laws regarding access to certain explosives precursors and to ensure an enhanced level of public security across the EU.<\/p>\n
<\/span>Scope<\/span><\/h3>\nThe scope of the regulation is limited to two short lists of substances (Annexes I and II) that are of the greatest concern.<\/p>\n
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.<\/p>\n
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.<\/p>\n
<\/span>Licensing or registration regime<\/span><\/h3>\nIndividual EU countries have an option to maintain or establish a licensing regime or a registration regime:<\/p>\n
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
\na 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.<\/p>\n
Repeal<\/p>\n
Regulation (EU) No 98\/2013 is repealed by Regulation (EU) 2019\/1148 (see summary) as of 31 January 2021. It has applied since 2 September 2014.<\/p>\n
<\/span>Documents<\/span><\/h3>\nRegulation (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)<\/p>\n
Successive amendments to Regulation (EU) No 98\/2013 have been incorporated in the original text. This consolidated version is of documentary value only.<\/p>\n
RELATED DOCUMENT<\/p>\n
Guidelines by the European Commission and the Standing Committee on Precursors relating to Regulation (EU) No 98\/2013.<\/p>\n
EU restrictive measures against the proliferation and use of chemical weapons<\/p>\n
Decision (CFSP) 2018\/1544 \u2014 restrictive measures against the proliferation and use of chemical weapons<\/p>\n
Regulation (EU) 2018\/1542 \u2014 restrictive measures against the proliferation and use of chemical weapons<\/p>\n
<\/span>Aims<\/span><\/h3>\nTogether, the decision (adopted in the context of the EU\u2019s common foreign and security policy) and the regulation (adopted on the basis of Article 215 of the Treaty on the Functioning of the European Union (TFEU)) introduce a new \u2018thematic\u2019 EU sanctions regime, to counter the threat posed by the use and proliferation of chemical weapons*.<\/p>\n
The decision obliges EU countries to impose an EU-wide travel ban and provides for an asset freeze targeting individuals, entities or bodies involved in the development and use of chemical weapons.
\nThe regulation implements those measures falling under the TFEU, in particular the asset freeze.
\nThese measures contribute to the EU\u2019s efforts to tackle the proliferation and use of chemical weapons and its efforts to support the Organisation for the Prohibition of Chemical Weapons (OPCW) and its Technical Secretariat.<\/p>\n
<\/span>Key Points<\/span><\/h3>\nDecision (CFSP) 2018\/1544<\/p>\n
The decision requires EU countries to prevent entry to or transit through their territory of target persons and entities who are directly responsible for the development and use of chemical weapons, as well as those who provide financial, technical or material support, and those who assist, encourage or are associated with them.<\/p>\n
Some exceptions are permitted including, for example:<\/p>\n
an EU country is not obliged to refuse its own nationals entry to its territory;
\nan EU country which is bound by an obligation of international law, such as being a host of an international intergovernmental organisation;
\nan EU country that is host country of the Organisation for Security and Cooperation in Europe.
\nEU countries must freeze any funds and economic resources* belonging to, held or controlled by target persons or entities.<\/p>\n
Exceptionally, they may authorise the release of some of these funds if, for example, they are necessary:<\/p>\n
for the basic needs of the target individual or entity;
\nto pay for legal services;
\nto pay fees or service charges for the routine holding or maintenance of the frozen funds or economic resources;
\nto satisfy a court or arbitral decision that predates the asset freeze.<\/p>\n
EU countries must notify the other EU countries and the European Commission in these cases.<\/p>\n
The Council is responsible for drawing up and amending the list of target individuals and entities in the annex to the decision. The Council acts by unanimity based on a proposal either from an EU country or from the High Representative of the Union for Foreign Affairs and Security Policy.<\/p>\n
The Council then communicates its decision to the targeted individual(s) or entity(ies) either directly (if their address is known) or indirectly through the publication of a notice.<\/p>\n
Regulation (EU) 2018\/1542<\/p>\n
The regulation:<\/p>\n
complements the decision and sets out a series of definitions;
\nrequires that all funds and economic resources belonging to, held or controlled by any target individual or body identified by the Council and listed in Annex I be frozen;
\nsets out the exceptional instances where certain frozen funds may be released and the conditions to be met \u2014 see above in regard to Decision (CFSP) 2018\/1544.
\nFinancial or credit institutions that receive funds transferred by third parties to the account of a listed individual or body may credit the frozen accounts, but any additions to such accounts will also be frozen. The institution must inform the relevant competent authority about any such transaction without delay.<\/p>\n
The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in line with this regulation, must not give rise to liability of any kind on the part of the individual or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence.<\/p>\n
Any knowing or intentional involvement in activities to circumvent the measures (travel ban and\/or asset freeze) is prohibited.<\/p>\n
The regulation applies:<\/p>\n
within the EU territory, including its airspace;
\non board any aircraft or any vessel under the jurisdiction of an EU country;
\nto any individual inside or outside the territory of the EU who is a national of an EU country;
\nto any individual or body, inside or outside the EU territory, which is incorporated or constituted under the law of an EU country;
\nto any legal person, entity or body in respect of any business done in whole or in part within the EU.<\/p>\n
<\/span>Background<\/span><\/h3>\nThe decision and regulation have applied since 16 October 2018.<\/p>\n
The new regime of restrictive measures, or sanctions, was adopted by the EU on 15 October 2018 as a follow-up to the conclusions of the June 2018 European Council, which called for the adoption as soon as possible of a new EU regime of restrictive measures to address the use and proliferation of chemical weapons.<\/p>\n
The first sanctions under the new regime were introduced in January 2019 resulting in the amendment of the decision and regulation (see \u2018Related documents\u2019).<\/p>\n
<\/span>Key Terms<\/span><\/h3>\nChemical weapons: chemical weapons as defined in the Chemical Weapons Convention (CWC), are the following, taken together or separately:
\n(a) toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as the types and quantities are consistent with such purposes;<\/p>\n
(b) munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (a), which would be released as a result of the employment of such munitions and devices;<\/p>\n
(c) any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (b).<\/p>\n
Economic resources: assets of any kind, whether tangible or intangible, movable or immovable, which are not funds, but may be used to obtain funds, goods or services.<\/p>\n
<\/span>Documents<\/span><\/h3>\nCouncil Decision (CFSP) 2018\/1544 of 15 October 2018 concerning restrictive measures against the proliferation and use of chemical weapons (OJ L 259, 16.10.2018, pp. 25-30)<\/p>\n
Successive amendments to Council Decision (CFSP) 2018\/1544 have been incorporated in the original text. This consolidated version is of documentary value only.<\/p>\n
Council Regulation (EU) 2018\/1542 of 15 October 2018 concerning restrictive measures against the proliferation and use of chemical weapons (OJ L 259, 16.10.2018, pp. 12-21)<\/p>\n
Council Implementing Regulation (EU) 2019\/84 of 21 January 2019 implementing Regulation (EU) 2018\/1542 concerning restrictive measures against the proliferation and use of chemical weapons (OJ L 18I, 21.1.2019, pp. 1-3)<\/p>\n
Council Decision (CFSP) 2019\/86 of 21 January 2019 amending Decision (CFSP) 2018\/1544 concerning restrictive measures against the proliferation and use of chemical weapons (OJ L 18I, 21.1.2019, pp. 10-12)<\/p>\n
Consolidated version of the Treaty on the Functioning of the European Union \u2014 Part Five \u2014 The Union’s external action \u2014 Title IV \u2014 Restrictive measures \u2014 Article 215 (ex Article 301 TEC) (OJ C 202, 7.6.2016, p. 144)<\/p>\n\n
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