{
  "type": "problem",
  "slug": "explosives-precursors",
  "lang": "en",
  "url": "https://www.conphora.com/solutions/problem/explosives-precursors/",
  "markdown": "https://www.conphora.com/solutions/problem/explosives-precursors.md",
  "title": "Our product contains a regulated explosives precursor",
  "description": "Regulation (EU) 2019/1148 on explosives precursors: Annex I limits, no sale to the public, customer checks, 18-month records and 24-hour reporting.",
  "answer": "Regulation (EU) 2019/1148 bars members of the public from acquiring the substances in its Annex I, such as hydrogen peroxide above 12 % or sulphuric acid above 15 %, unless a national licence applies. Sellers must check professional customers per transaction, keep the information for 18 months, inform the supply chain, train sales staff and report suspicious transactions within 24 hours.",
  "theme": {
    "id": "chemicals-materials",
    "label": "Chemicals and materials"
  },
  "roles": [
    {
      "id": "manufacturer",
      "label": "Manufacturer"
    },
    {
      "id": "distributor",
      "label": "Distributor"
    }
  ],
  "regulations": [],
  "path": [
    "regulation-library",
    "knowledge-articles"
  ],
  "trigger": "A product in your range, such as a cleaner, a pool chemical, a fertiliser, a solvent or a metal powder, contains a substance listed in Annex I or II of the explosives precursors regulation",
  "keep": "Customer verification information for 18 months from the date of the transaction (Regulation (EU) 2019/1148 Article 8(4))",
  "why": [
    {
      "text": "Some ordinary chemicals can be misused to make explosives. Regulation (EU) 2019/1148 controls their sale. It applies to the substances in its Annexes I and II and to mixtures and substances that contain them (Article 2(1)), except homogeneous mixtures of more than five ingredients in which each listed substance is below 1 % (Article 3(13)). It does not apply to articles as defined in REACH, to pyrotechnic articles under Directive 2013/29/EU, or to prescribed medicines (Article 2(2)). It has applied since 1 February 2021 and repealed Regulation (EU) No 98/2013 (Articles 22 and 23). EUR-Lex shows no amending act.",
      "sources": [
        1,
        2
      ]
    },
    {
      "text": "Annex I lists the restricted explosives precursors, each with a limit value. Examples are nitric acid above 3 %, hydrogen peroxide above 12 %, sulphuric acid above 15 %, nitromethane above 16 %, ammonium nitrate above 16 % nitrogen in relation to ammonium nitrate, and potassium and sodium chlorate and perchlorate above 40 %. Above those values the substance or mixture may not be made available to, introduced, possessed or used by members of the general public (Article 5(1)); for mixtures of the listed chlorates and perchlorates, their overall concentration counts (Article 5(2)). A Member State may run a licensing regime up to the upper limit in column 3, but not for ammonium nitrate or the chlorates and perchlorates (Article 5(3) and Annex I).",
      "sources": [
        1
      ]
    },
    {
      "text": "Annex II lists the reportable precursors: hexamine, acetone, potassium, sodium, calcium and magnesium nitrates, calcium ammonium nitrate, magnesium nitrate hexahydrate, and aluminium and magnesium powders with a particle size under 200 µm, as a substance or in mixtures with 70 % or more of the metal. They are not restricted for the public, but sellers must inform business customers, instruct their sales staff and report suspicious transactions, significant disappearances and thefts (Articles 7 and 9, Annex II).",
      "sources": [
        1
      ]
    },
    {
      "text": "The duties fall on every economic operator that makes these substances available, online or offline, including through online marketplaces (Article 3(10)). An operator supplying another business must tell it about the restriction and the reporting duty (Article 7(1)). An operator selling to professional users or the public must be able to show that its sales staff know which products contain regulated precursors and have been instructed on Articles 5 to 9 (Article 7(2)). For each sale of a restricted precursor to a business, the seller requests proof of identity, company details and the intended use, assesses whether the use fits the trade, and may refuse the sale (Article 8(2) and (3)). The information is kept for 18 months (Article 8(4)).",
      "sources": [
        1
      ]
    },
    {
      "text": "Reporting is fast. Each Member State runs a national contact point that is available around the clock (Article 9(3)). Operators and online marketplaces report a suspicious or attempted transaction within 24 hours of considering it suspicious, with the customer's identity if possible (Article 9(4)), and report significant disappearances and thefts within 24 hours of detection (Article 9(5)). Penalties are set by each Member State (Article 13).",
      "sources": [
        1
      ]
    }
  ],
  "steps": [
    {
      "name": "Map substances and concentrations against both annexes",
      "text": "List every substance and mixture you make available that contains an Annex I or Annex II substance, with the concentration by weight. Annex I substances are restricted above the limit value in column 2. Annex II substances, such as acetone or potassium nitrate, are reportable; aluminium and magnesium powders only below 200 µm and at 70 % or more of the metal. Homogeneous mixtures of more than five ingredients, each listed substance below 1 %, are not covered.",
      "item": "regulation-library"
    },
    {
      "name": "Stop sales of restricted products to the public",
      "text": "Above the Annex I limit, a product may not be made available to members of the general public. The exception is a national licensing regime up to the upper limit in column 3. Then verify the buyer's identity and licence for each sale and record the amount on the licence."
    },
    {
      "name": "Verify professional customers",
      "text": "For each sale of a restricted precursor to a professional user or another business, request proof of identity of the representative, the trade or business with company details and VAT or registration number, and the intended use. Check that the use fits the business. A check within the past year covers repeat orders that do not deviate significantly."
    },
    {
      "name": "Inform the supply chain and train your staff",
      "text": "Tell business customers that the substance is restricted or reportable for members of the public. Make sure sales staff know which products contain regulated precursors and are instructed on Articles 5 to 9, and be able to show this to the inspection authority.",
      "item": "knowledge-articles"
    },
    {
      "name": "Set up a procedure for suspicious transactions and thefts",
      "text": "Watch for buyers who are unclear about the use, want unusual quantities or concentrations, refuse to identify themselves or insist on large cash payments. Refuse if needed, and report suspicious transactions, attempts and significant disappearances or thefts within 24 hours to the national contact point."
    }
  ],
  "documents": [
    {
      "name": "List of products with Annex I or II substances and their concentrations",
      "from": "Safety data sheets and formulations from your suppliers",
      "ground": "Regulation (EU) 2019/1148 Article 2(1) and Annexes I and II"
    },
    {
      "name": "Customer verification records per transaction (a customer's statement can be used)",
      "from": "Your sales process",
      "ground": "Regulation (EU) 2019/1148 Article 8(2) and (4); Annex IV"
    },
    {
      "name": "Evidence that sales staff are aware and instructed",
      "from": "Training records",
      "ground": "Regulation (EU) 2019/1148 Article 7(2)"
    },
    {
      "name": "Procedure for detecting and reporting suspicious transactions",
      "from": "Your compliance or security function",
      "ground": "Regulation (EU) 2019/1148 Article 9(2) and (4)"
    }
  ],
  "risks": [
    {
      "title": "Penalties under national law",
      "text": "Member States lay down the penalties for infringements of the Regulation; they must be effective, proportionate and dissuasive (Regulation (EU) 2019/1148 Article 13).",
      "source": 1
    },
    {
      "title": "A 24-hour reporting deadline",
      "text": "Suspicious transactions and attempted transactions must be reported within 24 hours of considering them suspicious, and significant disappearances and thefts within 24 hours of detection (Regulation (EU) 2019/1148 Article 9(4) and (5)).",
      "source": 1
    },
    {
      "title": "Inspection of your records",
      "text": "The verification information must be kept for 18 months and made available for inspection at the request of national inspection or law enforcement authorities (Regulation (EU) 2019/1148 Article 8(4)).",
      "source": 1
    }
  ],
  "faq": [
    {
      "q": "Does the regulation apply to articles and fireworks?",
      "a": "No. It applies to the listed substances and to mixtures and substances containing them. Articles as defined in REACH and pyrotechnic articles as defined in Directive 2013/29/EU are excluded (Regulation (EU) 2019/1148 Article 2(2)(a) and (b))."
    },
    {
      "q": "We sell through a marketplace. Who has the duties?",
      "a": "Both have duties. The seller is an economic operator, online or offline. The online marketplace must inform its users of their obligations, help ensure they verify customers, and report suspicious transactions itself (Regulation (EU) 2019/1148 Articles 3(10), 7(3), 8(5) and 9(1))."
    },
    {
      "q": "Can we sell a restricted product to a consumer who has a licence?",
      "a": "Only in a Member State that runs a licensing regime for that substance, up to the upper limit in column 3 of Annex I. Ammonium nitrate and the chlorates and perchlorates listed allow no licensing at all (Regulation (EU) 2019/1148 Article 5(3) and Annex I)."
    },
    {
      "q": "Since when do these rules apply?",
      "a": "Regulation (EU) 2019/1148 applies from 1 February 2021 and replaced Regulation (EU) No 98/2013 (Article 23(2)). Licences issued under the old regulation stayed valid at most until 2 February 2022 (Article 23(3))."
    }
  ],
  "sources": [
    {
      "title": "Regulation (EU) 2019/1148 on the marketing and use of explosives precursors",
      "publisher": "EUR-Lex",
      "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R1148",
      "accessed": "2026-10-04"
    },
    {
      "title": "Directive 2013/29/EU on the making available on the market of pyrotechnic articles",
      "publisher": "EUR-Lex",
      "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013L0029",
      "accessed": "2026-10-04"
    }
  ],
  "related": [
    "pyrotechnics",
    "detergent-product",
    "fertiliser-product",
    "marketplace-operator-duties",
    "distributor-duties"
  ],
  "reviewer": "Conphora compliance team",
  "reviewedAt": "2026-10-04",
  "notice": "General information, not legal advice."
}