Explosive precursors: EU tightens controls

Met dank overgenomen van Raad van de Europese Unie (Raad) i, gepubliceerd op woensdag 12 december 2018.

The EU is to submit access to explosive precursors by the general public to even tighter controls. EU ambassadors meeting in Coreper today agreed on stricter rules concerning the availability, introduction, possession and use of explosive precursors throughout the EU.

Explosives precursors are chemical substances that can be used for legitimate purposes, but can also be misused for the manufacture of illegal homemade explosives.

The new rules will limit the availability of explosive precursors to the general public and ensure the appropriate reporting of suspicious transactions throughout the supply chain.

The proposed regulation provides for two distinct categories of explosive precursors :

  • "restricted", which cannot be made available, introduced, possessed or used by members of the general public above certain concentration levels, and
  • "regulated", for which suspicious transactions should be reported by economic operators, including online marketplaces.

Subject to the conditions set out in the regulation, member states retain the possibility of setting up licensing schemes, by virtue of which certain restricted explosive precursors can still be made available to the general public.

Subject to control by the Commission, member states will also be able to apply the rules relating to restricted explosive precursors to chemical substances not covered by the regulation.

The new rules also impose a number of training and awareness-raising obligations on :

  • economic operators engaging in the manufacturing or selling explosive precursors and
  • national inspection authorities.

The regulation shall apply two years after its entry into force.

Next steps

This agreement opens the way for negotiations with the European Parliament for the swift adoption of the regulation.

Background

With a view to preventing the illicit manufacture of explosives, regulation (EU) No 98/2013 on the marketing and use of explosives precursors restricts the availability , introduction, possession and use of selected explosives precursors to the general public and sets up rules on the reporting of suspicious transactions.

The existing restrictions and controls have proved to be insufficient to prevent the illicit manufacture of homemade explosives. For instance, the requirement of registering transactions does not deter or prevent criminals from acquiring explosives precursors. Furthermore, the existing regulation is not clear enough as regards several of the obligations it imposes, including those that seek to ensure transmission of information along the supply chain.


1.

Relevante EU dossiers