Our product contains a regulated explosives precursor

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 It has applied since 1 February 2021 and repealed Regulation (EU) No 98/2013 (Articles 22 and 23).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.^[1][2]

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).^[1]

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).^[1]

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)).^[1]

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).^[1]