Understanding the legislation on explosives precursors

What are explosives precursors?  

Precursors are raw materials that are essential in the manufacture of explosives. Although these substances are used in many legitimate products, they can be hazardous in concentrated forms. The regulation distinguishes between substances subject to a licensing requirement and those subject to a reporting requirement in case of suspicious transactions. Some common precursors covered by this legislation are:  

• Nitric acid
• Sulphuric acid
• Hydrogen peroxide
• Sodium nitrate (sodium saltpetre)  
• Potassium nitrate

What does the legislation entail?  

The European regulation aims to regulate the possession, use and sale of certain precursors. The legislation imposes restrictions on individuals and sets strict conditions for trade and storage.   

The legislation targets several parties:

• Manufacturers and distributors: they must ensure safe production, storage and sale.
• Retailers: they must screen customers and report suspicious situations.
• Users: companies and individuals using precursors are responsible for complying with regulations and preventing misuse.  

The main points of the legislation  

Prohibition and authorisation requirement

• Private individuals are no longer allowed to buy or use certain substances without a licence.  
• The concentration of certain precursors is limited; products above a certain threshold may only be sold to companies.  

Reporting obligation

Companies are obliged to immediately report suspicious transactions, major thefts or disappearances of precursors to the competent authorities. This also applies to online transactions. A transaction is considered suspicious if a customer orders unusual quantities of precursors, is unable to specify clear uses or uses unusual payment methods.  

Registration and documentation

The supplier is required to obtain a statement from precursor buyers recording details of the buyer, intended use of the precursors and quantity. This declaration is valid for 12 months and must be carefully recorded and documented for 18 months.   

The supplier also has a verification duty to check the identity of the contact person, under conditions of the AVG privacy legislation.     

Awareness  

Suppliers must inform their customers about the regulations and the responsible use of precursors.   

How this impacts In2Food customers  

If a declaration is not issued for a transaction or ongoing transactions involving the listed precursors, In2Food is prohibited by the said regulation from selling the requested precursors. Providing the declaration is therefore necessary to continue supplying products.  

 Completion of the declaration confirms that the commercial product and the substance or mixture it contains are used exclusively for the specified application. In addition, the product may only be sold or supplied to a subsequent party if they also draw up a declaration of use, subject to the restrictions set out in Regulation (EU) 2019/1148 for supply to private individuals.    

European Regulation 2019/1148 sets strict requirements for the sale and distribution of precursors to reduce the risk of misuse. Compliance with the information obligation contributes to safe and responsible trade in chemicals.  

More information

Do you have questions about the regulations or how to comply with them? Contact us for more information and support. 

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