EU Regulation on the marketing and use of explosives precursors
Since 1 February 2021, in order to combat terrorism and the illicit manufacture of homemade explosives in the European Union, certain products may no longer be marketed to the general public.
Regulation (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 sets out harmonised rules concerning the making available, introduction, possession and use of substances or mixtures that could be misused for the illicit manufacture of explosives, with a view to limiting the availability of those substances or mixtures to members of the general public and with a view to ensuring the appropriate reporting of suspicious transactions throughout the supply chain.
Thus, members of the general public are not allowed to
- or introduce
restricted explosives precursors as listed in Annex I of Regulation (EU) 2019/1148, unless their concentration is equal to or lower than the indicated limit values.
Economic operators shall
- Verify the list of explosives precursors subject to sale regulations (distinguishing those reserved for sale amongst professionals).
- Identify products containing explosives precursors.
- Carry out checks on sales amongst professionals and ensure the traceability of these checks.
- Inform the professional customer about the application of the regulation on products containing precursors.
- Inform the personnel about the legal obligations relating to these products.
- Educate the personnel to detect suspicious transactions.
- Regularly check stocks and ensure that no regulated products are missing.
Economic operators shall report suspicious transactions and significant disappearances and thefts of regulated explosives precursors within 24 hours of the detection to the national contact point of the Member State where the disappearance or theft took place.
At national level, the implementing rules and sanctions of Regulation (EU) 2019/1148 were established by the law of 14 December 2021 amending the law of 5 May 2017 concerning certain implementing rules and sanctions of 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 as well as by the Grand Ducal regulation of 14 December 2021 amending the amended Grand Ducal regulation of 5 May 2017.