To prevent the criminal misuse of homemade explosives, explosives precursors are regulated. Since February 2021, EU Regulation 2019/1148 on the marketing and use of explosives precursors has applied.
If you sell explosives precursors in their pure form or as part of a mixture, you are required to hold the appropriate information and authorisations before making them available – and you must report any suspicious transactions to the police. If you knowingly or unknowingly breach the prohibition set out in the EU Explosives Precursors Regulation by supplying, acquiring, possessing, or using restricted explosives precursors without a licence, you may be subject to fines or imprisonment.
Please note: These requirements apply to companies placing explosives precursors on the EU market. The Regulation does not apply in the United Kingdom. UK businesses must only comply with these rules when supplying explosives precursors to the EU or when operating within EU supply chains. The UK has its own regulatory framework under the Poisons Act 1972 and the Explosives Precursors and Poisons Regulations 2023.
What Is an Explosives Precursor?
Explosives precursors are defined as substances or mixtures that can be used for the illicit manufacture of explosives. The Regulation distinguishes between restricted explosives precursors, which require a licence for purchase, possession or use, and reportable explosives precursors, for which suspicious transactions, significant disappearances or thefts must be reported.
These chemical substances appear in a range of products commonly found in retail, which is why the Act and Regulation are designed to limit the possibility for private individuals to produce homemade explosives.
EU Regulation on the Marketing and Use of Explosives Precursors
The EU Regulation 2019/1148 on the marketing and use of explosives precursors covers substances such as sulphuric acid, acetone and hydrogen peroxide, both in their pure form and when contained in mixtures (chemical products).
The Regulation distinguishes between:
- Sales to economic operators (who make the product available but do not use it),
- professional users (those with legitimate professional use)
- members of the general public (people who are neither economic operators nor professional users).
Some of the substances mentioned above may not be sold to members of the public, while others require individuals to hold a licence in order to purchase the chemical product.
Requirements for Sales to Other Businesses (Economic Operators and Professional Users)
If your company sells products covered by the restrictions, you are required to request specific information from the buyer for every transaction. This information must be retained for 18 months and made available upon request during inspections or police investigations.
The information to be collected includes:
The company’s registration number, name and address
A description of the business and the intended use of the product
Proof of identity of the individual representing the company
You must also inform the buyer of the applicable restrictions and provide an up-to-date safety data sheet.
Requirements for Sales to Members of the Public
Because sales to private individuals and other members of the public are subject to additional restrictions, you as the seller must always request a valid licence and proof of identity. You must also retain the following information for 18 months:
Name and personal identification or passport number
Licence number
Date of sale
Product name and quantity
Reporting Requirements
As a seller, you must be aware of whether your product is subject to reporting requirements. If a product falls under these requirements, they apply regardless of concentration. When selling the product on to another business, you must also inform them of the relevant reporting obligations.
The reporting requirement means that you, as the seller, must report suspicious transactions or thefts within 24 hours, regardless of whether the transaction was completed. If a customer behaves suspiciously, you always have the right to refuse the sale. Suspicious behaviour may include (but is not limited to):
Unwillingness to provide proof of identity or other requested information
Unusual payment methods
Vague or unclear explanation of the intended use of the product
Unusual combinations of products
Atypical quantities or concentrations
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