Regulation (EU) 2019/1148 on the marketing and use of explosives precursors

What it is

to strengthen and clarify EU provisions on the marketing and use of explosives precursors in order to prevent the illicit manufacture of explosives. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council. BACKGROUND: Regulation (EU) No 98/2013 of the European Parliament and of the Council on explosive precursors aimed to limit the availability of these chemical substances to the general public, and ensure the appropriate reporting of suspicious transactions throughout the supply chain. Whilst the amount of explosives precursors available on the market for public consumption has decreased since the entry into force of the Regulation in 2013, there has been an increase in the number of reported suspicious transactions , disappearances and thefts, and explosives precursors continue to be used for the illicit manufacture of explosives. These "homemade explosives" have been used in the vast majority of terrorist attacks in the EU, including those in Madrid in 2004, London in 2005, Paris in 2015, Brussels in 2016, as well as Manchester and Parsons Green in 2017. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Andrejs MAMIKINS (S&D, LV) on the proposal for a regulation of the European Parliament and of the Council on the marketing and use of explosives precursors, amending Annex XVII to Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 on the marketing and use of explosives precursors. The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows. In 2015 and 2016, homemade explosives were used in approximately 40% of terrorist attacks committed in the European Union. This demonstrates the need to close existing gaps in order to reduce the possibilities of accessing highly dangerous substances. Proposed amendments aim to tighten the conditions for granting licences for the purchase and use of explosives precursors. Members stressed that the competent authority shall inform licence holders of any suspension or revocation of their licences in due time. The mutual recognition of the licences issued by other Member States shall be done bilaterally by means of agreements among the competent authorities. Restricted explosives precursors shall not be made available to, or introduced, possessed or used by members of the general public. The restrictions shall not apply to professionals who need to use these chemicals in connection to their trade, craft or profession. An online marketplace that acts as an intermediary shall take measures to ensure that its users, when making available regulated explosives precursors through its services, are informed of their obligations pursuant to this Regulation. Any personal use of the regulated explosives precursors by economic operators or their staff shall be prohibited. For the purpose of verifying that a new customer is a professional user or an economic operator, an…

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