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9.2.2013 Official
Journal
of
the
European
Union L
39/1
I
(Legislative acts)
REGULATIONS
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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4) Those
laws,
regulations
and
administrative
provisions,
EUROPEAN UNION,
which are divergent and liable to cause barriers to
trade within the Union, should be harmonised in order
Having regard to the Treaty on the Functioning of the European
to improve the free movement of chemical substances
Union, and in particular Article 114 thereof,
and mixtures within the internal market and, to the
extent possible, to remove distortions of competition,
while ensuring a high level of protection of the safety
Having regard to the proposal from the European Commission,
of the general public. Other rules relating to certain
substances covered by this Regulation have also been
After transmission of the draft legislative act to the national
laid down at national and Union level regarding the
parliaments,
safety of workers and the protection of the environment.
Those other rules are not affected by this Regulation.
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
(5) In
order
to
ensure
the
greatest
degree
of
uniformity
for
economic operators, a regulation is the most appropriate
Acting in accordance with the ordinary legislative procedure ( 2 ),
legal instrument to regulate the marketing and use of
explosives precursors.
Whereas:
(1) Certain
substances
and
mixtures
are
explosives
precursors (6) Regulation
(EC)
No
1272/2008
of
the
European
and can be misused for the illicit manufacture of
Parliament and of the Council of 16 December 2008
explosives. The European Union Action Plan on
on classification, labelling and packaging of substances
Enhancing the Security of Explosives, adopted by the
and mixtures ( 3 ) provides that substances and mixtures
Council on 18 April 2008, called on the Commission
classified as hazardous are to be correctly labelled
to establish a standing committee on precursors to
before being placed on the market. It further provides
consider measures and prepare recommendations
that economic operators including retailers are either to
concerning the regulation of explosives precursors
classify and label such substances or to rely on the clas
available on the market, taking into account their cost-
sification made by an up-stream actor in the supply
benefit effects.
chain. It is therefore appropriate to provide, in this Regu
lation, that all economic operators, including retailers,
(2) The
Standing
Committee
on
Precursors,
established
by
which make available substances restricted by this Regu
the Commission in 2008, identified various explosives
lation to members of the general public, ensure that the
precursors that are susceptible to being used to commit
packaging indicates that the acquisition, possession or
terrorist attacks and recommended that appropriate
use of that substance or mixture by members of the
action be taken at Union level.
general public is subject to a restriction.


(3) Some
Member
States
have
already
adopted
laws,
regu
lations and administrative provisions regarding the
(7) In
order
to
attain,
at
national
level,
protection
against
the
placing on the market, making available and possession
illicit use of explosives precursors that is similar to or
of certain explosives precursors.
higher than that envisaged by this Regulation at Union

level, some Member States already have laws, regulations
and administrative provisions in force in respect of some
( 1 ) OJ C 84, 17.3.2011, p. 25.
substances susceptible of illicit use. Some of those
( 2 ) Position of the European Parliament of 20 November 2012 (not yet
published in the Official Journal) and decision of the Council of
11 December 2012.
( 3 ) OJ L 353, 31.12.2008, p. 1.

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Official Journal of the European Union
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substances are already listed in this Regulation, while
from another Member State or from a third country into
others might be restricted at the level of the Union in
a Member State which allows access to that substance in
the future. Since it would be contrary to the aims of this
accordance with any of the systems provided for in this
Regulation for measures at the level of the Union to
Regulation.
diminish protection, it is appropriate to provide for a
mechanism by which such national measures could
remain in force (a safeguard clause).
(14) In order to implement efficiently the provisions
concerning the introduction of explosives precursors,
Member States are encouraged to ensure that the
(8) The
illicit
manufacture
of
explosives
should
be
made
restrictions applicable to the introduction of substances
more difficult by laying down concentration limit
restricted by this Regulation which are not to be made
values in respect of certain explosives precursors. Below
available to members of the general public are brought to
those limit values, the free movement of those explosives
the attention of international travellers. For the same
precursors is ensured, subject to a safeguard mechanism;
reason, Member States are also encouraged to ensure
above those limit values, the access of the general public
that the general public is made aware that those
to those explosives precursors should be restricted.
restrictions also apply to small consignments to private
persons and to consignments ordered at a distance by
final consumers.
(9)
Members of the general public should therefore not be
able to acquire, introduce, possess or use those explosives
precursors at concentrations above the limit values.
However, it is appropriate to provide for members of
(15) Information
provided
by Member States to industry,
the general public to be able to acquire, introduce,
particularly to small and medium-sized enterprises
possess or use such explosives precursors for legitimate
(SMEs), could be a valuable means of facilitating
purposes, only if they hold a licence to do so.
compliance with this Regulation, having regard to the
importance of minimising administrative burdens for
SMEs.
(10) Furthermore,
in
view
of
the
fact
that
some
Member
States already have well-established registration systems,
which are used to control the making available on the
(16) As
it
would
be
disproportionate
to
prohibit
the
use
of
market of some or all of the substances restricted by this
explosives precursors in professional activities, the
Regulation which are not to be made available to
restrictions relating to the making available, introduction,
members of the general public, it is appropriate to
possession and use of explosive precursors should apply
provide in this Regulation for a system of registration
only to the general public. Nevertheless, in view of the
applicable to some or all of those substances.
general aims of this Regulation, it is appropriate to
provide for a reporting mechanism that covers both
professional users throughout the supply chain and
members of the general public involved in transactions
(11) Hydrogen peroxide, nitromethane and nitric acid are
which, by reason of their nature, or scale, are to be
widely used for legitimate purposes by members of the
regarded as suspicious. To that end, Member States
general public. It should therefore be possible for
should set up national contact points for the reporting
Member States to provide for access to those substances
of suspicious transactions.
within a given range of concentrations by applying a
registration system under this Regulation rather than a
licensing system.
(17) Various
transactions
in
respect
of
explosives
precursors
might be regarded as suspicious and therefore reportable.
(12) Given
its
very
specific
subject
matter,
the
objective
of
this
This is the case, for example, where the prospective
Regulation can be achieved whilst, in accordance with
customer (professional or non-professional) appears
the principles of subsidiarity and proportionality,
unclear about the intended use, appears unfamiliar with
leaving the Member States the flexibility to choose
the intended use or cannot plausibly explain it, intends to
whether to grant limited access for members of the
buy unusual quantities, unusual concentrations or
general public in accordance with this Regulation.
unusual combinations of substances, is unwilling to
provide proof of identity or place of residence, or
insists on using unusual methods of payment including
large amounts of cash. Economic operators should be
(13) In
order
to
pursue
legitimate
objectives
of
public
security
able to reserve the right to refuse such a transaction.
whilst still ensuring the least disruption to the proper
functioning of the internal market, it is appropriate to
provide for a licensing system in accordance with which
a member of the general public who has acquired a
(18) In view of the general aims of this Regulation, the
substance restricted by this Regulation which is not to
competent authorities are encouraged to inform the
be made available to members of the general public, or a
relevant national contact point of any refusal of an appli
mixture or substance containing it, in a concentration
cation for a licence where the refusal is based on
above the limit value would be able to introduce it
reasonable grounds for doubting the legitimacy of the

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of
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European
Union L
39/3
intended use or the intentions of the user. Likewise, the
(24) By virtue of Annex XVII to Regulation (EC) No
competent authorities are encouraged to inform the
1907/2006 of the European Parliament and of the
national contact point of the suspension or revocation
Council of 18 December 2006 concerning the Regis
of a licence.
tration, Evaluation, Authorisation and Restriction of
Chemicals (REACH) ( 1 ) the supply to members of the
general public of ammonium nitrate that could be
(19) In
order
to
prevent
and
detect
the
possible
illicit
use
of
readily misused as an explosive precursor is prohibited.
explosives precursors, it is desirable that the national
However, the supply of ammonium nitrate to certain
contact points keep records of reported suspicious trans
professional users, in particular farmers, is permitted.
actions, and that the competent authorities take the
That supply should therefore be subject to the
necessary measures to investigate the concrete circum
reporting mechanism for suspicious transactions estab
stances, including the genuineness of the relevant
lished by this Regulation, since there is no equivalent
economic activity exercised by a professional user
requirement in Regulation (EC) No 1907/2006.
involved in a suspicious transaction.
(25) This
Regulation
requires
the
processing
of
personal
data
(20) Where
feasible,
concentration
limit
values
should
be
set,
and their further disclosure to third parties in case of
above which access to certain explosives precursors is
suspicious transactions. That processing and disclosure
restricted, whereas only the reporting of suspicious trans
imply a serious interference with the fundamental
actions should be provided for in respect of certain other
rights to private life and the right to the protection of
explosives precursors. The criteria for determining which
personal data. Directive 95/46/EC of the European
measures should apply to which explosives precursors
Parliament and of the Council of 24 October 1995 on
include the level of threat associated with the explosives
the protection of individuals with regard to the
precursor concerned, the volume of trade in the
processing of personal data and on the free movement
explosives precursor concerned, and the possibility of
of such data ( 2 ) governs the processing of personal data
establishing a concentration level below which the
carried out in the framework of this Regulation. Accord
explosives precursor could still be used for the legitimate
ingly, it should be ensured that the fundamental right to
purposes for which it is made available. Those criteria
the protection of personal data of individuals whose
should continue to guide further actions which may be
personal data are processed in application of this Regu
taken with respect to explosives precursors not currently
lation is duly protected. In particular the processing of
covered by the scope of this Regulation.
personal data that licensing, the registration of trans
actions and the reporting of suspicious transactions
entail, should be carried out in accordance with
(21) Concentration
limit
values
on
hexamine
in
fuel
tablets
Directive 95/46/EC, including the general data protection
are technically not feasible. In addition, there are many
principles of data minimisation, purpose limitation,
legitimate uses of sulphuric acid, acetone, potassium
proportionality and necessity and the requirement to
nitrate, sodium nitrate, calcium nitrate and calcium
show due respect for the data subject’s rights of access,
ammonium nitrate. A regulation at Union level
rectification and deletion.
restricting sales to the general public of those substances
would result in disproportionately high administrative
and compliance costs for consumers, public authorities
(26) The
choice
of
substances
used
by
terrorists
and
other
and businesses. Nevertheless, in view of the aims of this
criminals for the illicit manufacture of explosives can
Regulation, measures should be adopted to facilitate the
change rapidly. It should therefore be possible to bring
reporting of suspicious transactions in respect of
additional substances under the regime provided by this
hexamine fuel tablets and in respect of those other
Regulation, where necessary as a matter of urgency.
explosives precursors for which there are not suitable
and safe alternatives.
(27) In
order
to
accommodate
developments
in
the
misuse
of
substances as explosives precursors, and provided that
(22) Thefts of explosives precursors are a means of obtaining
proper consultation with relevant stakeholders is carried
starting materials for the illicit manufacture of explosives.
out to take into account the potentially significant impact
It is therefore appropriate to provide for the reporting of
on economic operators, the power to adopt acts in
significant thefts and disappearances of substances
accordance with Article 290 of the Treaty on the Func
subject to measures under this Regulation. In order to
tioning of the European Union should be delegated to
facilitate the tracing of the perpetrators and to alert the
the Commission to amend the concentration limit values
competent authorities of other Member States to possible
above which certain substances restricted under this
threats, national contact points are encouraged, where
Regulation are not to be made available to the general
appropriate, to make use of the Europol early warning
public, and to list additional substances in respect of
system.
which suspicious transactions are to be reported. It is
of particular importance that the Commission carry out
appropriate consultations during its preparatory work,
(23) Member States should lay down rules on penalties
including at expert level. The Commission, when
applicable to infringements of this Regulation. Those
penalties should be effective, proportionate and
( 1 ) OJ L 396, 30.12.2006, p. 1.
dissuasive.
( 2 ) OJ L 281, 23.11.1995, p. 31.

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preparing and drawing up delegated acts, should ensure
strengthening and harmonising the system in view of the
the simultaneous, timely and appropriate transmission of
threat to public security. As part of the review, the
relevant documents to the European Parliament and to
Commission should present a report to the European
the Council.
Parliament and the Council examining the possibilities
to transfer provisions on ammonium nitrate from Regu
lation (EC) No 1907/2006 into this Regulation.
(28) The
Commission
should
maintain
under
constant
review
the list of substances which are not to be made available
to the general public above certain concentration limit
(33) Since the objective of this Regulation, namely limiting
values, and the list of substances in respect of which
access by the general public to explosives precursors,
suspicious transactions are to be reported. The
cannot be sufficiently achieved by the Member States
Commission should, where justified, prepare legislative
and can therefore, by reason of the scale of the limi
proposals, in accordance with the ordinary legislative
tation, be better achieved at Union level, the Union
procedure, to add or delete entries in the former list,
may adopt measures, in accordance with the principle
or to delete entries from the latter list, in order to accom
of subsidiarity as set out in Article 5 of the Treaty on
modate developments in the misuse of substances as
European Union. In accordance with the principle of
explosives precursors.
proportionality, as set out in that Article, this Regulation
does not go beyond what is necessary in order to achieve
that objective.
(29) In
order
to
deal
with
substances
not
already
restricted
by
this Regulation but in respect of which a Member State
discovers reasonable grounds for believing that they
(34) Pursuant
to
Article
28(2)
of
Regulation
(EC)
No
45/2001
could be used for the illicit manufacture of explosives,
of the European Parliament and of the Council of
a safeguard clause providing for an adequate Union
18 December 2000 on the protection of individuals
procedure should be introduced.
with regard to the processing of personal data by the
Community institutions and bodies and on the free
movement of such data ( 2 ), the European Data Protection
(30) Moreover,
in
view
of
the
specific
risks
to
be
addressed
in
Supervisor has given an opinion ( 3 ).
this Regulation, it is appropriate to allow Member States,
in certain circumstances, to adopt safeguard measures,
including in respect of substances already subject to
(35) This
Regulation respects the fundamental rights and
measures under this Regulation.
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union,
notably the protection of personal data, the freedom to
(31) Given
the
requirements
under
this
Regulation
as
regards
conduct a business, the right to property and the
information to be provided to the Commission and the
principle of non-discrimination. This Regulation should
Member States, it would be inappropriate to make such
be applied by the Member States in accordance with
new safeguard measures subject to the regime laid down
those rights and principles,
in Directive 98/34/EC of the European Parliament and of
the Council of 22 June 1998 laying down a procedure
for the provision of information in the field of technical
HAVE ADOPTED THIS REGULATION:
standards and regulations and of rules on Information
Society services ( 1 ) regardless of whether they refer to
substances already subject to measures under this Regu
Article 1
lation or to substances not so restricted.
Subject matter
This Regulation establishes harmonised rules concerning the
(32) Given the aims of this Regulation and the impact that it
making available, introduction, possession and use of substances
may have on the security of citizens and on the internal
or mixtures that could be misused for the illicit manufacture of
market, the Commission should, drawing on the
explosives, with a view to limiting their availability to the
continuous discussions in the Standing Committee on
general public, and ensuring the appropriate reporting of
Precursors, present a report to the European Parliament
suspicious transactions throughout the supply chain.
and to the Council examining any problems arising from
the implementation of this Regulation, the desirability
and feasibility of extending its scope, both as regards
This Regulation is without prejudice to other more stringent
covering professional users and as regards including in
provisions of Union law concerning the substances listed in
the provisions on the reporting of suspicious trans
the Annexes.
actions, disappearances and thefts of substances which,
although not subject to measures under this Regulation,
are identified as having been used for the illicit manu
Article 2
facture of explosives (non-scheduled explosives precur
sors). Furthermore, the Commission should, taking into
Scope
account relevant experience gained by Member States and
1. This
Regulation
applies
to
the
substances
listed
in
the
considering costs and benefits, present a report
Annexes and to mixtures and substances containing them.
examining the desirability and feasibility of further
( 2 ) OJ L 8, 12.1.2001, p. 1.
( 1 ) OJ L 204, 21.7.1998, p. 37.
( 3 ) OJ C 101, 1.4.2011, p. 1.

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2. This
Regulation
does
not
apply
to:
limit value set out therein and includes a mixture or
another substance in which such a listed substance is
(a) articles as defined in Article 3(3) of Regulation (EC) No
present in a concentration higher than the corresponding
1907/2006;
limit value.
(b) pyrotechnic articles as defined in Article 2(1) of Directive
2007/23/EC of the European Parliament and of the Council
Article 4
of 23 May 2007 on the placing on the market of pyro
Making available, introduction, possession and use
technic articles ( 1 ), pyrotechnic articles intended for non-
commercial use, in accordance with national law, by the
1. Restricted
explosives
precursors
shall
not
be
made
armed forces, the law enforcement authorities or the fire
available to, or introduced, possessed or used by, members of
department, pyrotechnic equipment falling within the
the general public.
scope of Council Directive 96/98/EC of 20 December
1996 on marine equipment
( 2 ), pyrotechnic articles
intended for use in the aerospace industry, or percussion
2. Notwithstanding
paragraph
1,
a
Member
State
may
caps intended for toys;
maintain or establish a licensing regime allowing restricted
explosives precursors to be made available to, or to be
(c) medicinal products legitimately made available to a member
possessed or used by, members of the general public,
of the general public on the basis of a medical prescription
provided that the member of the general public obtains, and,
in accordance with the applicable national law.
if requested, presents a licence for acquiring, possessing or using
them, issued in accordance with Article 7 by a competent
Article 3
authority of the Member State where that restricted explosives
precursor is going to be acquired, possessed or used.
Definitions
For the purposes of this Regulation the following definitions
3. Notwithstanding
paragraphs
1
and
2,
a
Member
State
may
shall apply:
maintain or establish a registration regime allowing the
following restricted explosives precursors to be made available
(1) ‘substance’ means a substance within the meaning of point
to, or to be possessed or used by, members of the general
(1) of Article 3 of Regulation (EC) No 1907/2006;
public if the economic operator who makes them available
registers each transaction in accordance with the detailed
(2) ‘mixture’ means a mixture within the meaning of point (2)
arrangements laid down in Article 8:
of Article 3 of Regulation (EC) No 1907/2006;
(3) ‘article’ means an article within the meaning of point (3) of
(a) hydrogen peroxide (CAS RN 7722-84-1) in concentrations
Article 3 of Regulation (EC) No 1907/2006;
higher than the limit value set out in Annex I, but no higher
than 35 % w/w;
(4) ‘making available’ means any supply, whether in return for
payment or free of charge;
(b) nitromethane (CAS RN 75-52-5) in concentrations higher
than the limit value set out in Annex I, but no higher than
(5) ‘introduction’ means the act of bringing a substance into
40 % w/w;
the territory of a Member State whether from another
Member State or from a third country;
(c) nitric acid (CAS RN 7697-37-2) in concentrations higher
(6) ‘use’ means any processing, formulation, storage, treatment
than the limit value set out in Annex I, but no higher than
or mixing, including in the production of an article, or any
10 % w/w.
other utilisation;
(7) ‘member of the general public’ means any natural person
4. Member
States
shall
notify
to
the
Commission
all
who is acting for purposes not connected with his trade,
measures they take in order to implement any of the regimes
business or profession;
provided for in paragraphs 2 and 3. The notification shall set
out the restricted explosives precursors in respect of which the
(8) ‘suspicious transaction’ means any transaction concerning
Member State provides for an exception.
the substances listed in the Annexes, or mixtures or
substances containing them, including transactions
5. The
Commission
shall
make
publicly
available
a
list
of
involving professional users, where there are reasonable
measures notified by Member States in accordance with
grounds for suspecting that the substance or mixture is
paragraph 4.
intended for the illicit manufacture of explosives;
(9) ‘economic operator’ means any natural or legal person or
6. Where a member of the general public intends to
public entity or group of such persons and/or bodies
introduce a restricted explosives precursor into the territory of
which delivers products or services on the market;
a Member State which has derogated from paragraph 1 by
applying a licensing regime in accordance with paragraph 2
(10) ‘restricted explosives precursor’ means a substance listed in
and/or a registration regime in accordance with paragraph 3
Annex I, in a concentration higher than the corresponding
or with Article 17, that person shall obtain, and, if requested,
present to the competent authority, a licence issued in
( 1 ) OJ L 154, 14.6.2007, p. 1.
accordance with the rules laid down in Article 7 and which is
( 2 ) OJ L 46, 17.2.1997, p. 25.
valid in that Member State.

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7. An
economic
operator
who
makes
available
a
restricted 5. Appeals
against
any
decision
of
the
competent
authority,
explosives precursor to a member of the general public in
and disputes concerning compliance with the conditions of the
accordance with paragraph 2 shall for each transaction require
licence, shall be heard by an appropriate body responsible under
the presentation of a licence or, if it is made available in
national law.
accordance with paragraph 3, keep a record of the transaction,
in compliance with the regime established by the Member State
6. Licences
granted
by
the
competent
authorities
of
a
where the restricted explosives precursor is made available.
Member State may be recognised in other Member States. The
Commission shall, by 2 September 2014 draw up guidelines,
Article 5
after consulting the Standing Committee on Precursors, on the
technical details of the licences in order to facilitate their mutual
Labelling
recognition. Those guidelines shall also contain information on
An economic operator who intends to make available restricted
what data is to be comprised in licences valid for the intro
explosives precursors to a member of the general public, shall
duction of restricted explosives precursors, including a draft
ensure, either by affixing an appropriate label or by verifying
format for such licences.
that an appropriate label is affixed, that the packaging clearly
indicates that the acquisition, possession or use of that restricted
Article 8
explosives precursor by members of the general public is subject
to a restriction as set out in Article 4(1), (2) and (3).
Registration of transactions
1. For
the
purposes
of
registration
pursuant
to
Article
4(3),
Article 6
members of the general public shall identify themselves by
Free movement
means of an official identification document.
Without prejudice to the second paragraph of Article 1 and to
2. The
register
shall
comprise
at
least
the
following
Article 13, and unless otherwise provided for in this Regulation
information:
or in other legal acts of the Union, Member States shall not, on
grounds related to the prevention of the illicit manufacture of
(a) the name, address and, where applicable, either the identi
explosives, prohibit, restrict or impede the making available of:
fication number of the member of the general public or the
type and number of their official identification document;
(a) the substances listed in Annex I in concentrations not
higher than the limit values laid down therein; or
(b) the name of the substance or mixture, including its concen
tration;
(b) the substances listed in Annex II.
(c) the amount of the substance or mixture;
Article 7
Licences
(d) the intended use of the substance or mixture as declared by
the member of the general public;
1. Each
Member
State
which
issues
licences
to
members
of
the general public with a legitimate interest to acquire,
(e) the date and place of the transaction;
introduce, possess or use restricted explosives precursors shall
lay down rules for granting the licence provided for in
(f) the signature of the member of the general public.
Article 4(2) and (6). When considering whether to grant a
licence, the competent authority of the Member State shall
take into account all relevant circumstances and, in particular,
3. The
register
shall
be
kept
for
five
years
from
the
date
of
the legitimacy of the intended use of the substance. The licence
the transaction. During that period, the register shall be made
shall be refused if there are reasonable grounds for doubting the
available for inspection at the request of the competent auth
legitimacy of the intended use or the intentions of the user to
orities.
use it for a legitimate purpose.
4. The
register
shall
be
kept
on
paper
or
on
another
durable
2. The
competent
authority
may
choose
how
to
limit
the medium and shall be available for inspection at any time during
validity of the licence, through permitting single or multiple
the entire period provided for in paragraph 3. Any data stored
use for a period not exceeding three years. The competent
electronically shall:
authority may oblige the license holder to demonstrate, until
the designated expiry of the licence, that the conditions under
(a) match the format and content of the corresponding paper
which the licence was granted are still fulfilled. The licence shall
documents; and
mention the restricted explosives precursors in respect of which
it is issued.
(b) be readily available at any time during the entire period
provided for in paragraph 3.
3. The
competent
authorities
may
require
applicants
to
pay
a
licence application fee. Such a fee shall not exceed the cost of
Article 9
processing the application.
Reporting of suspicious transactions, disappearances and
thefts
4. The
licence
may
be
suspended
or
revoked
by
the
competent authority where there are reasonable grounds for
1. Suspicious
transactions
involving
the
substances
listed
in
believing that the conditions under which the licence was
the Annexes, or involving mixtures or substances containing
granted are no longer fulfilled.
them, shall be reported in accordance with this Article.

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2. Each
Member
State
shall
set
up
one
or
more
national 6. The
competent
authorities
shall
ensure
that
the
guidelines
contact points with a clearly identified telephone number and
provided for in paragraph 5 are regularly disseminated in a
e-mail address for the reporting of suspicious transactions.
manner deemed appropriate by the competent authorities in
accordance with the objectives of the guidelines.
3. Economic
operators
may
reserve
the
right
to
refuse
the
suspicious transaction and shall report the transaction or
Article 10
attempted transaction without undue delay, including if
Data protection
possible the identity of the customer, to the national contact
point of the Member State where the transaction was concluded
Member States shall ensure that the processing of personal data
or attempted in the event that they have reasonable grounds for
carried out in application of this Regulation is in accordance
believing that a proposed transaction involving one or more
with Directive 95/46/EC. In particular, Member States shall
substances listed in the Annexes, or involving mixtures or
ensure that the processing of personal data required in respect
substances containing them, is a suspicious transaction, having
of licensing pursuant to Article 4(2) and (6) and Article 7 of
regard to all the circumstances and in particular where the
this Regulation or for the registration of transactions pursuant
prospective customer:
to Article 4(3) and Articles 8 and 17 of this Regulation, and the
reporting of suspicious transactions pursuant to Article 9 of this
Regulation, comply with Directive 95/46/EC.
(a) appears unclear about the intended use of the substance or
mixture;
Article 11
Penalties
(b) appears unfamiliar with the intended use of the substance or
mixture or cannot plausibly explain it;
Member States shall lay down rules on penalties applicable to
infringements of this Regulation and shall take all measures
necessary to ensure that they are implemented. The penalties
(c) intends to buy substances in quantities, combinations or
provided for shall be effective, proportionate and dissuasive.
concentrations uncommon for private use;
Article 12
(d) is unwilling to provide proof of identity or place of resi
Amendments to the Annexes
dence; or
1. The
Commission
shall
be
empowered
to
adopt
delegated
acts in accordance with Article 14 concerning changes of the
(e) insists on using unusual methods of payment, including
limit values in Annex I to the extent necessary to accommodate
large amounts of cash.
developments in the misuse of substances as explosives
precursors, or on the basis of research and testing, as well as
concerning the addition of substances to Annex II, where
4. Economic operators shall also report significant necessary to accommodate developments in the misuse of
disappearances and thefts of the substances listed in the
substances as explosives precursors. The Commission shall, as
Annexes and of mixtures or substances containing them to
part of the preparation of the delegated acts, endeavour to
the national contact point of the Member State where the
consult relevant stakeholders, in particular the chemical
disappearance or theft has taken place.
industry and the retail sector.
Where, in the case of a sudden change in the risk assessment as
5. In
order
to
facilitate
cooperation
between
the
competent far as the misuse of substances for the illicit manufacture of
authorities and economic operators, the Commission shall, after
explosives is concerned, imperative grounds of urgency so
consulting the Standing Committee on Precursors, draw up, by
require, the procedure provided for in Article 15 shall apply
2 September 2014 guidelines to assist the chemical supply
to delegated acts adopted pursuant to this Article.
chain and, where relevant, the competent authorities. The
guidelines shall, in particular, provide:
2. The
Commission
shall
adopt
a
separate
delegated
act
in
respect of each change of the limit values in Annex I and each
(a) information on how to recognise and report suspicious
new substance added to Annex II. Each delegated act shall be
transactions, in particular as concerns the concentrations
based on an analysis demonstrating that the amendment is not
and/or quantities of substances listed in Annex II below
likely to lead to disproportionate burdens on economic
which no action is normally needed;
operators or consumers, having due regard to the objectives
sought to be achieved.
(b) information on how to recognise and report significant
disappearances and thefts;
Article 13
Safeguard clause
(c) other information which may be deemed useful.
1. Where a Member State has reasonable grounds for
believing that a specific substance not listed in the Annexes
could be used for the illicit manufacture of explosives, it may
The Commission shall update the guidelines regularly.
restrict or prohibit the making available, possession and use of

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L 39/8
EN
Official Journal of the European Union
9.2.2013
that substance, or of any mixture or substance containing it, or
day following the publication of the decision in the Official
it may provide that the substance be subject to the reporting of
Journal of the European Union or at a later date specified
suspicious transactions in accordance with Article 9.
therein. It shall not affect the validity of any delegated acts
already in force.
2. Where a Member State has reasonable grounds for
believing that a specific substance listed in Annex I could be
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall
used for the illicit manufacture of explosives, at a concentration
notify it simultaneously to the European Parliament and to the
lower than the limit value laid down in Annex I, it may further
Council.
restrict or prohibit the making available, possession and use of
that substance by imposing a lower concentration limit value.
5. A
delegated
act
adopted
pursuant
to
Article
12
shall
enter
into force only if no objection has been expressed either by the
European Parliament or the Council within a period of two
3. Where a Member State has reasonable grounds for estab
months of notification of that act to the European Parliament
lishing a concentration limit value above which a substance
and the Council or if, before the expiry of that period, the
listed in Annex II should be subject to the restrictions
European Parliament and the Council have both informed the
otherwise applying to restricted explosives precursors, it may
Commission that they will not object. That period shall be
restrict or prohibit the making available, possession and use
extended by two months at the initiative of the European
of that substance by imposing a maximum permitted concen
Parliament or of the Council.
tration.
Article 15
4. A
Member
State
restricting
or
prohibiting
substances
in
Urgency procedure
accordance with paragraph 1, 2 or 3 shall immediately inform
the Commission and the other Member States thereof, giving its
1. Delegated
acts
adopted
under
this
Article
shall
enter
into
reasons.
force without delay and shall apply as long as no objection is
expressed in accordance with paragraph 2. The notification of
the act to the European Parliament and to the Council shall
5. In the light of the information communicated pursuant to
state the reasons for the use of the urgency procedure.
paragraph 4, the Commission shall immediately examine
whether to prepare amendments to the Annexes in accordance
2. Either the European Parliament or the Council may object
with Article 12(1) or to prepare a legislative proposal to amend
to a delegated act in accordance with the procedure referred to
the Annexes. The Member State concerned shall, where appro
in Article 14(5). In such a case, the Commission shall repeal the
priate, amend or repeal its national measures to take account of
act without delay following notification of the decision to object
any such amendment to the Annexes.
by the European Parliament or by the Council.
6. By
2
June
2013,
Member
States
shall
notify
the
Article 16
Commission of any existing national measures restricting or
prohibiting the making available, possession and use of a
Transitional provision
substance or of any mixture or substance containing it on the
The possession and use by members of the general public of
ground that it could be used for the illicit manufacture of
restricted explosives precursors shall be allowed until 2 March
explosives.
2016.
Article 14
Article 17
Exercise of the delegation
Existing registration regimes
1. The
power
to
adopt
delegated
acts
is
conferred
on
the A Member State which, on 1 March 2013 has a regime in place
Commission subject to the conditions laid down in this Article.
that requires economic operators to register transactions making
one or more restricted explosives precursors available to
members of the general public may derogate from Article 4(1)
2.
The power to adopt delegated acts referred to in Article 12
or (2) by applying that registration regime in accordance with
shall be conferred on the Commission for a period of five years
Article 8 to some or all of the substances listed in Annex I. The
from 1 March 2013. The Commission shall draw up a report in
rules laid down in Article 4(4) to (7), shall apply mutatis
respect of the delegation of power not later than nine months
mutandis.
before the end of the five-year period. The delegation of power
shall be tacitly extended for periods of an identical duration,
Article 18
unless the European Parliament or the Council opposes such
extension not later than three months before the end of each
Review
period.
1. By
2
September
2017,
the
Commission
shall
present
a
report to the European Parliament and to the Council exam
3. The
delegation
of
power
referred
to
in
Article
12
may
be ining:
revoked at any time by the European Parliament or by the
Council. A decision to revoke shall put an end to the delegation
(a) any problems that have arisen as a result of the application
of the power specified in that decision. It shall take effect the
of this Regulation;

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EN
9.2.2013 Official
Journal
of
the
European
Union L
39/9
(b) the desirability and feasibility of further strengthening and
possibilities to transfer relevant provisions on ammonium
harmonising the system in view of the threat to public
nitrate from Regulation (EC) No 1907/2006 into this Regu
security caused by terrorism and other serious criminal
lation.
activities, taking into account the experience gained by
Member States under this Regulation, including any
detected security gaps, taking into account the costs and
3. If
appropriate,
in
the
light
of
the
reports
referred
to
in
benefits for Member States, economic operators and other
paragraphs 1 and 2, the Commission shall submit a legislative
relevant stakeholders;
proposal to the European Parliament and to the Council with a
view to amending this Regulation accordingly.
(c) the desirability and feasibility of extending the scope of this
Regulation to cover professional users, taking into account
the burdens imposed on economic operators and having
Article 19
regard to the objective of this Regulation;
Entry into force
(d) the desirability and feasibility of including non-scheduled
This Regulation shall enter into force on the twentieth day
explosives precursors in the provisions on reporting of
following that of its publication in the Official Journal of the
suspicious transactions, disappearances and thefts.
European Union.
2. By
2
March
2015,
the
Commission
shall
present
a
report
to the European Parliament and to the Council examining the
It shall apply from 2 September 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 15 January 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON

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L 39/10
EN
Official Journal of the European Union
9.2.2013
ANNEX I
Substances which shall not be made available to members of the general public on their own, or in mixtures or
substances including them, except if the concentration is equal to or lower than the limit values set out below
Combined Nomenclature (CN)
Name of the substance and
Combined Nomenclature (CN) code
code for a mixture without
Chemical Abstracts Service
for a separate chemically defined
constituents (e.g. mercury,
Registry number
Limit value
compound meeting the
precious or rare-earth metals or
(CAS RN)
requirements of Note 1 to Chapter
radioactive substances) which
28 or 29 of the CN, respectively ( 1 )
would determine classification
under another CN code ( 1 )
Hydrogen peroxide
12 % w/w 2847
00
00 3824
90
97
(CAS RN 7722-84-1)
Nitromethane
30 % w/w 2904
20
00 3824
90
97
(CAS RN 75-52-5)
Nitric acid
3 % w/w 2808
00
00 3824
90
97
(CAS RN 7697-37-2)
Potassium chlorate
40 % w/w 2829
19
00 3824
90
97
(CAS RN 3811-04-9)
Potassium perchlorate
40 % w/w 2829
90
10 3824
90
97
(CAS RN 7778-74-7)
Sodium chlorate
40 % w/w 2829
11
00 3824
90
97
(CAS RN 7775-09-9)
Sodium perchlorate
40 % w/w 2829
90
10 3824
90
97
(CAS RN 7601-89-0)
( 1 ) Commission Regulation (EC) No 948/2009 (OJ L 287, 31.10.2009, p. 1).

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EN
9.2.2013 Official
Journal
of
the
European
Union L
39/11
ANNEX II
Substances on their own or in mixtures or in substances for which suspicious transactions shall be reported
Combined Nomenclature (CN) code for Combined Nomenclature (CN) code for
Name of the substance and Chemical Abstracts
a separate chemically defined
mixtures without constituents
Service Registry number
compound meeting the requirements of (e.g. mercury, precious or rare-earth
(CAS RN)
Note 1 to Chapter 28, Note 1 to
metals or radioactive substances) which
Chapter 29 or Note 1(b) to Chapter 31 would determine classification under
of the CN, respectively ( 1 )
another CN code ( 1 )
Hexamine
2921 29 00 3824
90
97
(CAS RN 100-97-0)
Sulphuric acid
2807 00 10 3824
90
97
(CAS RN 7664-93-9)
Acetone
2914 11 00 3824
90
97
(CAS RN 67-64-1)
Potassium nitrate
2834 21 00 3824
90
97
(CAS RN 7757-79-1)
Sodium nitrate
3102 50 10 (natural) 3824
90
97
(CAS RN 7631-99-4)
3102 50 90 (other than natural) 3824
90
97
Calcium nitrate
2834 29 80 3824
90
97
(CAS RN 10124-37-5)
Calcium ammonium nitrate
3102 60 00 3824
90
97
(CAS RN 15245-12-2)
Ammonium nitrate
3102 30 10 (in aqueous solution) 3824
90
97
(CAS RN 6484-52-2) [in concentration of
16 % by weight of nitrogen in relation to 3102 30 90 (other)
ammonium nitrate or higher]
( 1 ) Regulation (EC) No 948/2009.

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