Verification and information provision requirements for explosives precursors
The requirements of the EU Explosives Precursors Regulation (EU) 2019/1148 will apply as of 1 February 2021. The Regulation aims to limit the possibility for consumers to freely obtain chemicals that could be misused for the illicit manufacture of explosives. If the use of explosives precursors is not related to a person's trade, a licence from the National Police Board is required for the purchase and use of these chemicals. For more information, see the website of the National Police Board.
In the supply chain of explosives precursors, control measures must be taken in connection with the transfer of chemicals, the buyer’s details must be collected, and information related to the chemical must be provided. An online marketplace must ensure that the website users comply with the requirements of the Regulation.
Verification in connection with sales
The obligations apply to a chemical when:
- the chemical contains substance(s) listed in Annex I to the Explosives Precursors Regulation; and
- the substance(s) exceed the thresholds set out in the Annex.
As a chemical supplier, you must check the identity of a member of the general public and verify that the consumer holds a licence for the purchase. The quantity of the restricted explosives precursor must be indicated on the licence.
If you are supplying a restricted explosives precursor to another economic operator or a professional user, no separate purchase licence is required. However, for each transaction, you must verify that the purchaser is actually a professional user/economic operator. As a result, you must request the following information from the prospective customer:
- proof of identity of the individual entitled to represent the prospective customer;
- the trade, business, or profession together with the company name, address and the value added tax identification number or any other relevant company registration number, if any, of the prospective customer;
- the intended use of the restricted explosives precursors by the prospective customer.
However, such a verification is not necessary if this has already occurred for that prospective customer within a period of one year prior to the date of that transaction, and the transaction does not significantly deviate from previous transactions. The template of the customer’s statement set out in Annex IV of the Regulation may be used in the verification process.
All the information collected in connection with the supply of a restricted explosives precursor must be retained for 18 months from the date of the transaction.
Provision of information in the supply chain
When supplying an explosives precursor listed in Annex I between economic operators, the recipient must be provided with:
- information that the chemical in question is subject to restrictions on supply to consumers laid down in the Explosives Precursor Regulation; and
- the reporting obligations concerning thefts, disappearances or suspicious transactions of the substance under the Explosives Precursor Regulation.
The recipient must also be informed that the substances listed in Annex II to the Explosives Precursor Regulation are subject to a reporting obligation in the event of theft, disappearances or suspicious transactions.
To support the provision of information, you can use, for example, the Safety data sheet.
An economic operator must ensure that any personnel involved in the sale of regulated explosives precursors are aware which of the products it makes available contain regulated explosives precursors and have been instructed regarding the obligations pursuant to Articles 5 to 9.
Reporting of suspicious transactions, disappearances and thefts
Companies, other operators and consumers must report any suspicious transactions, disappearances or thefts of chemicals listed in Annexes I and II of the EU Explosives Precursor Regulation by email to the National Bureau of Investigation. The report is submitted by email to lahtoaine.krp (at) poliisi.fi. They must report the suspicious transaction within 24 hours of considering that it is suspicious, or disappearance or theft within 24 hours of detection.
Tukes enforces compliance with the verification and information provision requirement in the supply chain of explosives precursors in connection with other chemicals enforcement. The police enforces compliance with the restrictions on explosives precursors.