On February 1, 2021, the new Regulation (EU) 2019/1148 on the marketing and use of explosive precursors came into force.
If you’ve heard about this new regulation, you’ve probably had questions arise. If you’re not fully informed, below we provide a summary of the obligations and responsibilities that we economic operators will have to comply with.
In 2008, after homemade bomb attacks intensified, the Council of the European Union adopted an Action Plan to improve security and determine which chemical substances and mixtures are considered explosive precursors because they can be misused for the illicit manufacture of explosives.
This Regulation strengthens the system designed to prevent the illicit manufacture of explosives, in response to the evolving threat to public safety caused by terrorism and other serious criminal activities.
How?
By identifying 2 different categories of explosive precursors:
Two types of precursors are distinguished:
Restricted precursors: products containing a substance listed in Annex I of the Regulation above the specified concentration.
Regulated precursors: products containing a substance listed in Annex I or II above 1%.
For restricted explosive precursors (Article 8), verification must be carried out at the time of sale and at least once per year, checking proof of identity of the person authorized to represent the customer, commercial activity, company name, tax identification number and intended use.
Economic operators are obliged to report suspicious transactions relating to these substances by telephone to the Counter-Terrorism and Organized Crime Intelligence Center, telephone: 91 537 27 66.
What is considered a suspicious transaction?
- Does not fit the profile of a regular customer or appears nervous, avoids questions, etc.
- Seeks to purchase an unusual quantity of a product or an uncommon combination of several products.
- Is unfamiliar with the usual uses of the product or its handling.
- Does not want to explain what use they will give to the product.
- Rejects alternative products or those with a lower concentration (even if sufficient for the mentioned use).
- Insists on paying in cash, especially suspicious if it is a large amount.
- Is reluctant to provide personal data or address when requested.
- Requests packaging or a delivery method that does not correspond to usual, recommended or expected means.
We attach links to obtain further information:
https://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX%3A32019R1148
http://www.interior.gob.es/web/servicios-al-ciudadano/precursores-de-explosivos
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