EN    EN EN EN    EN  EUROPEAN COMMISSION 
Brussels, 20.9.2010 
COM(2010) 473 final 
2010/0246 (COD)   
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
on the marketing and use of explosives precursors 
 
 
(Text with EEA relevance) 
SEC(2010) 1041 
 SEC(2010) 1040 EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT OF THE PROPOSAL  
110 • Grounds for and objectives of the proposal 
The proposed regulation addresses the problem  of the misuse of certain chemicals, 
which are widely available to the general pub lic on the market, as precursors to home-
made explosives. Home-made explosives, in  turn, are the tool  most preferred by 
terrorists and other criminals to perpetrate  attacks. The main aim of the measures 
proposed is to reduce this risk by preventi ng access to selected highly concentrated 
chemicals by the members of the general public.  
120 • General context 
Home-made explosives, fabricated from certa in easily accessible chemical precursors, 
are a preferred tool for perpetrators of terrorist attacks, from which the EU, as 
documented in the Europol TE-SAT reports, is  not spared. Currently, the general public 
has relatively easy access to these chemicals even when in concentrations sufficient to 
produce a powerful explosive device. The scale of the problem is amplified by the fact that the chemical market in the EU is larg e and diversified, with multiple end-users. The 
supply chain for precursors, and in  particular the last segment (sales to end users), is in 
general insufficiently aware of the risks posed by individuals involved in serious 
criminal activities and terrorism attempti ng to obtain precursors.  Some supply chain 
actors, in particular at the e nd of the chain, have sold precu rsors to terrorists or other 
criminals in quantities that should have rais ed suspicion. While several legislative and 
non-legislative measures exist at internationa l, EU and national leve l, these are either 
not specifically focused on the security risks associated with certain chemicals or do not 
cover the entire EU. This implies that precursor s that may be restricted or controlled in 
one country can be easily obtai ned in another. This causes not only a security problem 
but also a problem for the smooth fu nctioning of the internal market.  
130 • Existing provisions in the area of the proposal 
Regulation (EC) No 1907/20061 (REACH) — this covers chemicals from the safety 
perspective but — with one exception — does not address the concerns of security 
related to chemical prec ursors to explosives.  
Annex XVII of REACH2 includes a ban on the sale to the general public of ammonium 
nitrate (one of the precursor s of concern) containing 16 % or more nitrogen. However, 
this instrument does not provide for licen sing schemes or reporting of suspicious 
transactions, and only concerns  one of the precursors iden tified as high-risk in the 
Action Plan on Enhancing the Security of Explosives.  
Council Directive 91/414/EEC3 — this phases out the sale of weed-killers containing 
chlorates, but addresses only one particular  use of these chemicals, and only one group 
of chemical precursors to explosives of concern. 
                                                 
1 OJ L 396, 30.12.2006, p.1. EN 3   EN 140 • Consistency with the other policies and objectives of the Union 
The proposal is in line with the policy objectiv es set out in the European Union Counter-
terrorism Strategy4, the Action Plan on Enhancing the Security of Explosives5 and the 
Stockholm Programme — An open and secu re Europe serving and protecting the 
citizens.6  
2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT  
 • Consultation of interested parties 
211 Consultation methods, main sectors targ eted and general pr ofile of respondents  
The proposed policy builds on the work and recommendations of the Standing 
Committee on Precursors (SCP). This Comm ittee is an ad hoc advisory Committee 
composed of experts from the EU Member St ate authorities and representatives of the 
private sector, and is chaired by the Commissi on. It so far has met ten times in order to 
advise the Commission on the substances  covered by this Regulation and other 
measures aimed at explosives precursors . On 13 February 2009, the SCP adopted its 
annual report for 2008 which contained conc rete recommendations  for enhancing the 
security of precursors.  
These recommendations served as the basis for an imp act assessment study. The SCP 
was closely involved in the development of  this study — its members (from both the 
public and private sector) were consulted on a regular basis. In addition, an online 
business survey and two stakeholder work shops were organised to validate the 
assessment of the policy options proposed in the draft study. The co nsultations in the 
course of the development of the preparat ory study also included consultation of some 
SMEs that would be most affected by possi ble measures on precursors, in particular 
hexamine producers. 
212 Summary of responses and how th ey have been taken into account  
This consultation process with external and internal stakeholders resulted in a high level 
of consensus on the preferred policy option a nd a practical and realistic balance between 
security concerns on the one hand, and industry, retail an d consumer welfare concerns 
on the other. Concerns on the part of industry and the SMEs most affected (in particular 
producers of hexamine fuel tablets) have been accommodated in the final text of the 
proposal.  
 • Collection and use of expertise 
221 Scientific/expertise domains concerned  
                                                                                                                                                         
2 As amended by Commission Regulation (EC) No 552/2009; OJ L 164, 26.6.2009, p. 7 
3 OJ L 230, 19.8.1991, p.1 
4 14469/3/05 REV 3 
5 8109/08 
6 OJ C 115, 4.5.2010, p.1 EN 4   EN The proposal is based to a large extent on security research and tests conducted by 
several EU Member States. Expertise on th e market for chemicals and the use of 
chemical products was provided by industry representatives. 
222 Methodology used  
The results of the security research and te sts were reflected in the development of 
recommendations to the European Co mmission by the Standing Committee on 
Precursors, and were included in the assessm ent of impacts and evaluation of individual 
policy options in the course of the impact assessment study carried out by an external 
contractor.  
223 Main organisations/experts consulted  
CEFIC, FECC, experts from the relevant auth orities of the Member States, as well as 
consultancy firms — GHK, Rand Europe, Comstratos. 
2249 Summary of advice received and used  
225 While the risk of the potential misuse of certain chemical precu rsors to produce home-
made explosives cannot be completely ex cluded, it can be considerably reduced by 
limiting the availability of such chemicals a bove certain concentration thresholds to the 
general public. The thresholds proposed are based on the security research and test 
results and on an analysis of the use of the chemical substances in question by the 
general public.  
226 Means used to make the exper t advice publicly available  
The ‘Preparatory Study to Inform an Impact Assessment of Potential Legislative and 
Non-Legislative Restrictions on Chemical Pr ecursors to Explosives’ has been shared 
with the members of the Standing Committ ee on Precursors (and via them with the 
Member State authorities and industrial stak eholders), and can be obtained from the 
Commission upon request.  
230 • Impact assessment 
The options considered included voluntary m easures by the privat e sector (industry and 
retail), regulatory action carried out by the Member States individually, legislative measures at the European Union leve l, and a combination of these.  
Voluntary measures by industry and the re tail sector would entail reporting of 
suspicious transactions, awareness rais ing campaigns among employees about the 
security risks related to the chemicals of concern, and enhancing the security of the 
entire supply chain for these chemical s. Efforts undertaken by the European 
Commission with several European-level asso ciations in 2008 have  shown that, while 
desirable, such measures cannot in themselv es achieve the desired goal of enhanced 
security because uniform enforcement and outr each to all relevant stakeholders EU-wide 
cannot be ensured.  
Some Member States have alr eady adopted either voluntary or legislative measures to 
reduce the availability of th e chemical precursors to explosives, or a combination of EN 5   EN both. Some Member States are considering such  measures but are waiting for the EU to 
provide leadership. This diversity shows that a harmonised EU-level approach is 
desirable in order to prevent di fferent levels of regulation re sulting in security gaps an 
internal market with free movement of goods and persons.  
Several policy options for legislative action at  EU level have undergone a thorough 
impact assessment and consultation proce ss. While having no known negative impacts 
on the environment, the preferred policy option has positive impacts in terms of 
security, but also some negative economic impa cts in particular on the retail sector and 
on public authorities of the Member States  in terms of costs of implementation. 
However, these economic impacts and negative impacts on consumers are relatively minor as non-professional consumption of the precursors only accounts for about 1.5% of total EU consumption of the chemicals concerned, and substitutes are in most cases available. The purchase of chemicals above the concentration thresholds will still be 
possible, albeit upon presentation of a licence . Industry and retail organisations selling 
to the general public will thus be most a ffected by compliance costs, as well as 
government authorities responsible for the licensing scheme.  
231 The Commission carried out an impact asse ssment listed in the Work Programme. The 
impact assessment report is accessible at http://ec.europa.eu/gove rnance/impact/ia_carried _out/cia_2010_en.htm#homaf. 
3. LEGAL ELEMENTS OF THE PROPOSAL  
305 • Summary of the proposed action 
The key aim of the proposed action is to re duce access by the general public to high-risk 
chemicals in concentration levels that make  these chemicals suitable for easy misuse to 
produce home-made explosives. This will be done by prohibiting the sales of certain chemicals above concentration thresholds to  members of the general public. Sales of 
higher concentrations would only be allowe d to users who can document a legitimate 
need to use the chemical — these users can obtain a licence to purchase the chemical. The sales of these chemicals and their mixt ures as well as the sales of products 
containing chemicals of concern for which c oncentration thresholds cannot be set will 
also be subject to reporting of suspicious transactions. The propos ed legislative action 
will be accompanied by voluntary measures by i ndustry and the retail sector to enhance 
security and raise awareness in the entire supply chain.  
310 Legal basis 
Article 114 of the Treaty on the F unctioning of the European Union. 
320 • Subsidiarity principle 
The subsidiarity principle applies inso far as the proposal does not fall under the 
exclusive competence of the European Union. 
 The objectives of the proposal cannot be su fficiently achieved by th e Member States for 
the following reason(s). EN 6   EN 321 While several legislative and non-legislative measures exist at international, EU and 
national level, these either do not specifically focus on the security risks associated with 
certain chemicals or do not cover the entire EU. This implies that precursors that may be 
restricted or controlled in one country can be  easily obtained in another. In addition to 
the consequences for security, such a situati on may give rise to market distortions that 
prevent a level EU playing field in this area. 
323 There have been indications that terrorist groups take the different approaches in 
different Member States into considerat ion. The clearest cases have concerned ETA, 
which has hidden large quantities of explosives  precursors outside Spai n, in particular in 
France and Portugal. At the same time, there is no clear evidence to date that terrorists 
have changed their purchasing behaviour on the basis of differences in regulation in the 
different Member States. The lack of such indications may also be because currently 
these chemicals are still easily availabl e across most of the Member States 
 EU action will better achieve the objectives of the proposal for the following reason(s). 
324 The current differences among the regimes appl ied to chemical precursors to explosives 
not only have a negative  effect on security but also dist ort the functioning of the internal 
market. They negatively affect cross-borde r trade and other economic activities of 
producers and other supply chain stakeholders active in more than one country. Action at EU level would help eliminate these negative effects. 
Recent attacks and failed or prevented atta cks have shown that terrorism is going 
beyond the Member States that have traditi onally suffered from te rrorist attacks (e.g. 
Spain, the UK, France) and is spreading to other EU countries. Th e nature of these 
incidents also shows that terrorists may prepar e in one country for an attack in another. 
The EU can only be as secure  as its weakest link. Conseque ntly, activities at EU level 
and a co-ordinated EU approach are needed, and will benefit all relevant stakeholders. 
The Member States, by way of their re presentatives in th e Standing Committee on 
Precursors (SCP), have indicated that they pref er an EU approach to this issue in order 
to create a level playing field. This appro ach is also supported by the EU associations 
representing the chemical industry, which have  been extensively consulted in the course 
of the SCP's work and the work on the imp act assessment. Some Member States have 
indicated that they have not yet taken action because they are waiting for an EU 
initiative.  
325 These actions will result in a more harmonise d security environment for chemicals used 
to produce home-made explosives. 
327 The scope of the proposal is  limited to a short list of chemical substances and their 
mixtures, and to the sales of these to the ge neral public (i.e. not to  professional users or 
in business-to-business operations). Moreove r, for some of the substances, their 
availability to the general publ ic is limited only if they ar e above certain concentration 
levels, and can still be obtained upon presen tation of a licence fr om a public authority 
(documenting legitimate use). The substances and concentration thresholds are clearly set out in the Annex to the Regulation. Th e current situation shows that national 
regulation in this area is leading to di versity rather than convergence, which is 
detrimental to security. Such regulatory dive rsity enables the purch ase of chemicals of 
concern in one Member State and its easy transport and potential misuse for the EN 7   EN production of home-made explosives  in another Member State.  
 The proposal therefore complies wi th the subsidiarity principle. 
 • Proportionality principle 
The proposal complies with the proportionali ty principle for the following reason(s). 
331 The proposed legislative instrument has a clearly delimited scope. It leaves wide scope 
for the Member States to develop a consumer licensing scheme in line with their existing structures and to in troduce appropriate penalties. All economic operators would 
be subject to the same rules. The instrument can be flexibly adjusted to the evolution of 
the threat and knowledge about the chemical  substances (in terms of e.g. research 
results) by adding or removi ng substances from the Annexes by means of a delegation 
procedure. The form of a Regulation was ch osen in order to prevent the need for 
national transposition measures in 27 Member  States with each potential modification of 
the Annexes.  
332 The financial burden on the European Union and the nationa l governments will be 
minimised by using existing structures to implement the Regulation. Moreover, the scope of the Regulation is limited to certain chemical precursors posing the greatest concern, for most of which alternatives exist which can satisfy consum er needs. This is 
likely to keep the number of licence requests at a low level. In order to achieve a 
practical balance between security concerns  and the capacities of industry, the retail 
sector and law enforcement for reporting su spicious transactions , guidance will be 
developed with the involvement of all thes e stakeholders. Negative economic effects on 
industry and the retail sector  will be minimised given th e overall low consumption of 
the chemicals of concern above the st ated concentration thresholds (1.5
 % of total EU 
consumption of the chemicals concerned), the possibility to purchase these chemicals upon presentation of a licence, and the likely increase in the use of substitute chemicals by the general public. In order to prev ent an excessive in itial burden on public 
authorities and the supply chain for the chemi cals of concern, the Regulation will have a 
transitional phase for implementation. This is also necessary in order to allow businesses 
and consumers to continue using their old s upplies of the chemicals in question in order 
to minimise their economic loss, but also to allow national authorities to put in place the 
licensing scheme forming part of  the preferred policy option. 
• Impact on fundamental rights 
This proposal was subject to an in-depth scru tiny to ensure that its  provisions are fully 
compatible with fundamental ri ghts and principles enshrined in  particular in the Charter 
of Fundamental Rights of th e European Union, and notably  the protection of personal 
data, the freedom to conduct a business, the right to property and the principle of non-
discrimination. Reporting suspici ous transactions and the lice nsing scheme foreseen in 
the Regulation require processing of personal data. This implies a serious interference 
with private life and the right to the protection of personal data. In order to be lawful this 
interference has to comply with the criteria required by EU law: this entails that it must 
be in accordance with the law, must seek to attain a legitimate pub lic interest necessary 
in a democratic society; the interference must furthermore be  necessary to attain this 
objective and proportionate to th e objective pursued, i.e. the objective cannot be attained 
by less restrictive measures. The proposal explicitly requires that the processing of EN 8   EN personal data under this Regulat ion must always be carried out in accordance with EU 
data protection laws, namely Directive 95/46/EC7 and national data protection laws 
implementing this Directive. 
As far as the right to conduct a business a nd the right to propert y are concerned, the 
proposal constitutes a proportionate answer to  the objectives it seeks to attain, in 
particular in light of other policy options sc rutinised in the Impact Assessment, such as, 
for instance, a total ban on sales of the substances to members of the general public irrespective of concentration le vels. Other, potentially less intrusive policy options were 
considered to be less effective. The Regula tion defines the scope of application of the 
licensing schemes by listing the chemicals of concern in Annex I and by stating clearly 
the concentrations above which a license would be required for the purchase of the 
respective chemical. Reporting of suspicious tr ansactions applies only to the chemicals 
listed in the Annexes and will be based on a risk assessment carried out by the economic operators. The proposal foresees the elabora tion of concrete and clear guidelines to 
assist economic operators in assessing the suspicious nature of a transaction. These 
guidelines will ensure that a too broad interpre tation of the concept is avoided so as to 
minimize the transmissions of personal data  to law enforcement authorities and to 
prevent any potential arbitrary or discrimi natory practices. At the same time, the 
licensing scheme and the oblig ation to report suspicious transactions will allow 
economic operators to continue trading all precursors, thereby limiting the impact on the 
freedom to conduct a business. The right to pr operty will not be affected as businesses 
and members of the general public will continue to be able to use th eir lawfully acquired 
possessions. Finally, reasonably long transitional periods are foreseen so as to allow 
members of the general public and economic op erators to adapt to the new requirements, 
thereby further limiting the impact on the righ t to property and the freedom to conduct a 
business.  
 
 • Choice of instruments 
341 Proposed instruments: Regulation. 
342 Other means would not be adequate for the following reason(s). 
Article 114 of the Treaty on th e Functioning of the European Union, which is the most 
appropriate legal basis given the scope of the action, give s a choice between a 
Regulation and a Directive. In order to  achieve maximum harmonisation for the 
chemicals covered by the legal instrument, and also, where applicable , concentrations of 
these chemicals, a Regulation is more appropr iate. A harmonised approach is desirable 
not only from the security perspective but also  from the perspective of unified rules for 
economic operators. Moreover, the form of a Regulation will prevent the need for national transposition measures every time ch anges are made to the list of chemical 
substances in the Annexes (in line with  the development of the threat).  
                                                 
7 OJ L 281, 23.11.1995, p. 31 EN 9   EN 4. BUDGETARY IMPLICATIONS  
 The proposal has no implications for the European Union budget. 
5. ADDITIONAL INFORMATION  
 • Simulation, pilot phase and transitional period 
507 There will be a transitional period for the proposed act. 
 • Review/revision/sunset clause 
531 The proposal includes a review clause. 
560 • European Economic Area 
The proposed act concerns an EEA matter a nd should therefore exte nd to the European 
Economic Area. 
 EN 10   EN 2010/0246 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  
on the marketing and use of explosives precursors  
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 114 thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
8, 
Having regard to the opinion of  the Committee of the Regions9, 
After consulting the European  Data Protection Supervisor10 
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) The Action Plan on Enhancing the Security of Explosives, adopted by the Council on 
18 April 2008
11, called on the Commission to establish a Standing Committee on 
Precursors to consider measures and prepare recommendations concerning the 
regulation of explosives precu rsors available on the market , taking into account their 
cost-benefit effects. 
(2) The Standing Committee on Precursors, es tablished by the Commission in 2008, 
identified various explosives precursors that  are susceptible to being used to commit 
terrorist attacks and re commended appropriate action at Union level. 
(3) Some Member States have already adopted laws, regu lations and administrative 
provisions regarding the placing on the ma rket, making available and possession of 
certain chemical substances and mixtures th at can be used as e xplosives precursors. 
(4) These laws, regulations and administrative provisions, which are divergent and liable 
to cause barriers to trade within the Eur opean Union, should be harmonised in order to 
                                                 
8 OJ C […], […], p. […]. 
9 OJ C […], […], p. […]. 
10 Opinion of …..OJ C ….. 
11 8311/08 EN 11   EN guarantee the free movement of chemical subs tances and mixtures within the internal 
market while ensuring a high level of protecti on of the health and sa fety of the general 
public. 
(5) As each modification of a Directive a nd its Annexes would require national 
transposition measures in 27 Member Stat es and all economic operators should be 
subject to the same rules, it is more appropriate to use a Regulation as the legal instrument to regulate the marketing and use of explosives precursors. 
(6) The reliability and potency of home-made explosives should be reduced by setting 
concentration limits for certain substances . Members of the general public should only 
be able to use those substances at concentr ations above the specified thresholds where 
they hold a licence to do so. Such substanc es should only be suppl ied to holders of 
such a licence. 
(7) As it would be disproportionate to prohib it the use of explosives precursors in 
professional activities, the measures relati ng to import, marketing and use of these 
explosive precursors should appl y to the general public only. 
(8) Concentration limits on hexamine in fuel ta blets are technically not  feasible. Measures 
should be adopted to f acilitate the reporting of suspici ous transactions at the retail 
stage for hexamine fuel tablets and other pr ecursors that do not have safe and suitable 
alternatives. 
(9) Given that the trade in explosives precursor s may lead to the il licit manufacture of 
improvised explosive devices, the Member States should lay down rules on penalties 
applicable to infringements of the provision s of this Regulation. Those penalties must 
be effective, proportiona te and dissuasive.  
(10) For simplification purposes, existing provision s related to ammonium nitrate should be 
included in the present Regul ation and paragraphs 2 and 3 of entry 58 to Annex XVII 
to Regulation (EC) No 1907/2006 of Eur opean Parliament and of the Council 
concerning the Registration, Evaluation, Aut horisation and Restriction of Chemicals 
(REACH)
12 should be deleted.  
(11) This Regulation requires the pr ocessing of personal data and their further disclosure to 
third parties in case of suspicious trans actions. This processing implies a serious 
interference with the fundament al rights to private life a nd the right to the protection 
of personal data. Directive 95/46/EC of the European Parliament and of the Council of 
24 October 1995 on the protection of individuals with regard  to the processing of 
personal data and on the free movement of such data13 governs the processing of 
personal data carried out in the framework of this Regulation. Accordingly it should be 
ensured that the fundamental right to the protection of pe rsonal data of individuals 
whose personal data are processed in applic ation of the provisions  of this Regulation 
are duly protected, in particul ar the processing of personal data that the granting of a 
licence and the reporting of tr ansactions considered suspicious should entail.  
                                                 
12 OJ L 396, 30.12.2006, p.1 
13 OJ L 281, 23.11.1995, p.31 EN 12   EN (12) Given that the chemical substances used by terrorists and other criminals to make 
home-made explosives can change rapidl y, it should be possible to bring other 
substances under the regime provided by this  Regulation, sometimes as a matter of 
urgency. 
(13) The Commission should therefore be empo wered to adopt delegated acts in 
accordance with Article 290 of the Treaty on the Functioning of the European Union 
for the purpose of amending the Annexes to this Regulation. 
(14) Since the objective of this Regulation, na mely limiting access by the general public to 
chemicals that may be used to make home- made explosives, can not be sufficiently 
achieved by the Member States and can theref ore, by reason of the scale of the action, 
be better achieved at Union level, the European Union may adopt measures in 
accordance with the principle of subsidiari ty. In accordance with the principle of 
proportionality, this Regulati on does not go beyond what is  necessary in order to 
achieve those objectives. 
(15) This Regulation respects the fundamental ri ghts and observes the pr inciples recognised 
in particular by the Charter of Fundamental  Rights of the Europ ean Union, notably the 
protection of personal data, the freedom to conduct a business, the right to property 
and the principle of non-discrimination. Th is Regulation should be applied by the 
Member States in accordance with these rights and principles. 
HAVE ADOPTED THIS REGULATION: 
Article 1 
Subject matter 
This Regulation establishes harmonised rules concerning the making available on the market 
of substances or mixtures that could be misuse d for the illicit manufactur e of explosives, with 
a view to limiting their availabi lity to the general public.  
Article 2 
Scope 
1. This Regulation applies to th e substances listed in the A nnexes and mixtures containing 
such substances.  
2. This Regulation does not apply to: (a) articles as defined in Article 3 of Regulation (EC) No 1907/2006 of the European 
Parliament and of the Council
14;  
(b) pyrotechnic articles as defined in C ouncil Directive 2007/23/EC  of the European 
Parliament and of the Council15, pyrotechnic articles intended  for non-commercial use, in 
                                                 
14 OJ L 396, 30.12.2006  
15 OJ L 154, 14.06. 2007  EN 13   EN accordance with national law, by the armed forces, the law enforcement authorities or the fire 
department, equipment falling within the scope of Council Directive 96/98/EC16, pyrotechnic 
articles intended for use in the aerospace i ndustry and percussion caps intended for toys;  
(c) substances listed in the Annexes and mixtures  containing such substances which are used 
by the armed forces or law enforcement authorities. 
Article 3 
Definitions 
For the purposes of this Regulation the following definitions apply: 
(1) ‘making available’ means any supply, whether in return for payment or free of charge; 
(2) ‘use’ means any processing, formulation, stor age, treatment, mixing, production of an 
article or any other utilisation; 
(3) ‘member of the general public’ means any na tural person who is acting for purposes 
which are outside his trade, business or profession; 
(4) ‘suspicious transaction’ means any transacti on concerning the subs tances listed in the 
Annexes, or mixtures containing those subs tances, where there are reasonable grounds 
for suspecting that the substance or mixt ure is intended for the production of home-
made explosives; 
(5) ‘non-scheduled substance’ means any s ubstance which, although not listed in the 
Annexes, is identified as having been used for the manufacture of home-made 
explosives; 
(6) ‘economic operator’ means any natural or le gal person or public entity or group of 
such persons and/or bodies which delivers wo rks, products or services on the market;  
(7) ‘farmer’ means a natural or legal person, or  a group of natural or legal persons, 
whatever legal status is granted to the group and its members by national law, whose holding is situated within Community territory, as referred to in Article 52 of the Treaty on European Union, and who ex ercises an agricu ltural activity;  
(8) ‘agricultural activity’ means the producti on, rearing or growing of agricultural 
products including harvesting, milking, breed ing animals and keeping animals for 
farming purposes, or maintaining the land in good agricultural and environmental condition as established under Article 5 of Council Regulation (EC) No 1782/2003
17. 
                                                 
16 OJ L 46, 17.2.1997 
17 OJ L 270, 21.10.2003 EN 14   EN Article 4 
Import, making available, possession and use 
1. Substances listed in Annex I,  or mixtures containing those substances, shall not be made 
available to, possessed or used by members of th e general public except if the concentration 
of the substance in the form in which it is made  available is lower than or equal to the limit 
laid down in Annex I. 
2. Notwithstanding paragraph 1, the substances listed in Annex I,  or mixtures containing those 
substances, may be made available to, possessed  and used by members of the general public, 
provided that the member of the general public presents  a licence for acquiring the substance, 
or mixture containing the substance, issued by a competent authority of a Member State.  
3. Where a member of the general public intends to import the substances listed in Annex I, or 
mixtures containing those substances, into the Customs territory of the European Union, and 
the concentration of the substance or mixture in the form in whic h it is imported is higher than 
the limit laid down in Annex I, that person must pr esent a licence as referred to in paragraph 2 
at the Customs office of entry. In case of doubts relating to the authenticity or correctness of 
the licence issued in accordance with paragraph 2 as well as when further advice is required, 
the customs authorities shall contact the co mpetent authorities designated by the Member 
State for issuing licences in accordance with Article 5. 
4. Notwithstanding paragraph 1, ammonium n itrate and mixtures containing ammonium 
nitrate may be made available to farmers a nd may be possessed by farmers, for use as 
fertilisers in agricultural activ ities, in concentrations above  the limit listed in Annex I. 
5. An economic operator which makes a substance or mixture available to a licensed member 
of the general public in accordance with paragraph 2 shall verify the licence and keep a record 
of the transaction. 
6. An economic operator which inte nds to make the substances lis ted in Annex I, or mixtures 
containing those substances, ava ilable to the general public, wh ere the concentration of the 
substance in the form in which it is made ava ilable is higher than the limit laid down in Annex 
I, shall indicate clearly on the packaging that the purchase, possession or use of that substance 
or mixture is subject to a licence as referred to in paragraph 2.  
Article 5 
Licences 
1. Each Member State shall lay down the rules for granting the licence provided for in Article 
4 (2). When considering whether to grant a li cence, the competent authority of the Member 
State shall take into account in  particular the legitimacy of th e intended use of the substance. 
The licence shall be refused if  there are reasonable  grounds for doubting the legitimacy of the 
intended use.  
2. The competent authority may either limit the validity of the licence to a period not 
exceeding three years or may oblige the licens ee to demonstrate at intervals not exceeding EN 15   EN three years that the conditions  under which the licence was gran ted are still fulfilled. The 
licence shall mention the substances concerned. 
3. The competent authorities may require applican ts to pay a fee for their application for a 
licence. Such fees shall not exceed the cost of processing the application. 
4. The licence may be suspended or revoked by the competent authority whenever there are 
reasonable grounds for believing that the condi tions under which the licence was granted are 
no longer fulfilled.  
5. Appeals against any decision of the comp etent authority, and disputes concerning 
compliance with the conditions of the licence, shall be h eard by the appropriate body 
responsible under national law. 
6. Licences granted by the competent authoritie s of a Member State shall be valid in all 
Member States. The Commission may draw up guidelines, after consulting the Standing Committee on Precursors, on the technical details  of the licences to assist their mutual 
recognition . 
Article 6 
Reporting of suspicious transactions and thefts 
1. Suspicious transactions in the substances listed in the Annexes, or mixtures containing 
those substances, shall be reported in accordance with this Article. 
2. Each Member State shall set up a national cont act point with a clearl y identified telephone 
number and e-mail address for the re porting of suspici ous transactions. 
3. Economic operators which have reason to believ e that a proposed transaction involving one 
or more substances listed in the Annexes, or mixtures containing those substances, is a 
suspicious transaction, shall repo rt this without delay, including if possible the identity of the 
client, to the national contact point of the Me mber State where the transaction was proposed. 
4. Economic operators  shall report any other suspici ous transactions regarding a non-
scheduled substance, and mixtures  containing such substances.  
5. Economic operators shall also report significan t thefts of the substances listed in the 
Annexes and mixtures containing those substa nces to the national contact point of the 
Member State where the theft has taken place.  
6. In order to facilitate cooperation between  the competent authorities and economic 
operators, in particular as regards non-sche duled substances, the Commission shall, after 
consulting the Standing Committee on Precursors, draw up and update  guidelines to assist the 
chemical supply chain. The guideline s shall provide in particular: 
(a) information on how to recognise and notify suspicious transactions; 
(b) a regularly updated list of non-scheduled substa nces to enable the supply chain to monitor 
on a voluntary basis the trad e in such substances; 
(c) other information which may be deemed useful. EN 16   EN 7. The competent authorities of the Member Stat es shall ensure that the guidelines provided 
for in paragraph 6 and the list of non-scheduled  substances are regularly disseminated in a 
manner deemed appropriate by the competent authorities in accordance with the objectives of the guidelines. 
Article 7 
Data protection 
Each Member State shall ensure that the processi ng of personal data carr ied out in application 
of this Regulation shall be in accordance with Directive 95/46/EC
18. In particular, each 
Member State shall ensure that the processi ng of personal data requi red by the granting of 
license pursuant to Articles 4 and 5 of this  Regulation, and the repo rting of suspicious 
transactions pursuant to Article  6 of this Regulation, shall co mply with Directive 95/46/EC. 
Article 8  
Penalties 
Each Member State shall lay down rules on pena lties applicable to infringements of the 
provisions of this Regulation and shall take all measures necessary to ensure that they are 
implemented. The penalties provided for must be effective, proportionate and dissuasive. 
Article 9 
Amendment of the Annexes 
In order to accommodate developments in the misu se of chemical substanc es as precursors to 
explosives, or on the basis of research and testing, the Commi ssion may adopt amendments to 
the Annexes by means of delegated acts in accordance with Articles 10, 11 and 12. Where 
imperative grounds of urgency so require, in par ticular where there is a sudden change in the 
risk assessment as far as the misuse of chemical  substances to make home-made explosives is 
concerned, Article 13 shall apply. 
Article 10 
Exercise of the delegation  
1. The powers to adopt the delegated acts referred  to in Article 9 shall be conferred on the 
Commission for an indeterminate period of time. 
2. As soon as it adopts a delega ted act, the Commission shall no tify it simultaneously to the 
European Parliament and to the Council. 
3. The powers to adopt delegated acts are c onferred on the Commission subject to the 
conditions laid down in Articles 11 and 12.  
                                                 
18 OJ L 281, 23.11.1995, p. 31 EN 17   EN Article 11 
Revocation of the delegation 
1. The delegation of power referred to in Article 9 may be revoke d at any time by the 
European Parliament or by the Council. 
2. The institution which has commenced an intern al procedure for deciding whether to revoke 
the delegation of power shall endeavour to in form the other institution and the Commission 
within a reasonable time before the final deci sion is taken, indicati ng the delegated powers 
which could be subject to revocation and possible reasons for a revocation. 
3. The decision of revocation shall put an end to the delegation of the powers specified in that 
decision. It shall take effect imme diately or at a later date specifi ed therein. It shall not affect 
the validity of the delegated acts already in force.  It shall be published in the Official Journal 
of the European Union.  
Article 12 
Objections to delegated acts 
1. The European Parliament and the Council may object to the delegated act within a period 
of two months from the date of notification. At  the initiative of the European Parliament or 
the Council, this period sha ll be extended by one month. 
2. If, on expiry of that period, neither the Europe an Parliament nor the Council has objected to 
the delegated act, it shall be published in the O fficial Journal of the Eu ropean Union and shall 
enter into force at th e date stated therein. 
3. The delegated act may be published in the Offi cial Journal of the Eu ropean Union and enter 
into force before the expiry of that period if  the European Parliament and the Council have 
both informed the Commission of their intention not to raise objections.  
4. If the European Parliament or the Council object s to a delegated act, it  shall not enter into 
force. The institution which objects shall state the reasons for objecting to the delegated act. 
Article 13 
Urgency procedure  
1. A delegated act adopted under the urgency pro cedure shall enter into  force without delay 
and apply as long as no objection is expre ssed in accordance with paragraph 2. The 
notification of the act to  the European Parliament and to th e Council shall state the reasons for 
the use of the urgency procedure. 
2. The European Parliament and the Council may within a period of six weeks from the date 
of notification object to the delegated act. In such  a case, the act shall cea se to be applicable. 
The institution which objects shall state the reasons for objecting to the delegated act. EN 18   EN Article 14 
Amendment of Annex XVII to Regulation (EC) 1907/2006  
In Annex XVII to Regulation (EC) No 1907/200619, in entry 58 of the table setting out the 
designation of the substances, groups of subs tances and mixtures an d the conditions of 
restriction, in the column 2, pa ragraphs 2 and 3 are deleted. 
Article 15 
Transitional provision  
Possession and use by members of the general public  of the substances li sted in Annex I, or 
mixtures of those substances, above the concen tration limits laid down in Annex I, shall 
continue to be allowed until [ 36 months after adoption ] 
Article 16 
Review 
A review of this Regulation shall be made [ 5 years after adoption ]. 
Article 17 
Entry into force 
This Regulation shall enter into force on [ 18 months after adoption ].  
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at […], […]  
For the European Parliament For the Council 
The President The President 
[…] […]  
                                                 
19 OJ L 396, 30.12.2006 EN 19   EN ANNEX 1  
Substances which shall not be made available to members of the general public on their 
own, or in mixtures including them, except if the concentratio n is equal to or lower than 
the limits set out below 
Name of the substance and 
Chemical Abstracts Service Registry number (CAS RN) Minimum 
amount present Combined 
Nomenclature (CN) code for a separate chemically defined compound meeting the requirements of Note 1 to Chapter 28 or 29 of the CN, respectively {see Regulation (EC) No 948/2009 of 30 September 2009, OJ L 287 of 31.10.2009} Combined 
Nomenclature (CN) code for a mixture or preparation without constituents (e. g. mercury, precious or rare-earth metals or radioactive substances) which would determine classification under another CN code {see Regulation (EC) No 948/2009 of 30 September 2009, OJ L 287 of 31.10.2009}  
Hydrogen peroxide (CAS RN 7722-84-1) 12% w/w 2847 00 00 3824 90 97 
Nitromethane (CAS RN 75-
52-5) 30 % w/w 2904 20 00 3824 90 97 
Nitric acid (CAS RN 7697-
37-2) 3 % w/w 2808 00 00 3824 90 97 
Potassium chlorate (CAS RN 
3811-04-9) 40 % w/w 2829 19 00 3824 90 97 
Potassium perchlorate (CAS 
RN 7778-74-7) 40 % w/w 2829 90 10 3824 90 97 
Sodium chlorate (CAS RN 
7775-09-9) 40 % w/w  2829 11 00 3824 90 97 
Sodium perchlorate (CAS 
RN 7601-89-0) 40 % w/w  2829 90 10 3824 90 97 
Ammonium nitrate (CAS RN 
6484-52-2) 16% by 
weight of nitrogen in relation to ammonium nitrate 3102 30 10 (in 
aqueous solution) 
3102 30 90 (other) 3824 90 97 
 EN 20   EN ANNEX II 
Substances on their own or in mixtures fo r which suspicious transactions shall be 
reported 
Name of the substance and 
Chemical Abstracts Service Registry number (CAS RN)  Combined 
Nomenclature (CN) code for a separate chemically defined compound meeting the requirements of Note 1 to Chapter 28, Note 1 to Chapter 29 or Note 1 (b) to Chapter 31 of the CN, respectively {see Regulation (EC) No 948/2009 of 30 September 2009, OJ L 287 of 31.10.2009}  Combined 
Nomenclature (CN) code for mixtures or preparations without constituents (e. g. mercury, precious or rare-earth metals or radioactive substances) which would determine classification under another CN code {see Regulation (EC) No 948/2009 of 30 September 2009, OJ L 287 of 31.10.2009}  
Hexamine (CAS RN 100-
97-0) 2921 29 00 3824 90 97 
Sulphuric acid (CAS RN 
7664-93-9) 2807 00 10 3824 90 97 
Acetone (CAS RN 67-64-1) 2914 11 00 3824 90 97 
Potassium nitrate (CAS RN 
7757-79-1) 2834 21 00 3824 90 97 
Sodium nitrate (CAS RN 
7631-99-4) 3102 50 10 (natural) 
3102 50 90 (other 
than natural) 3824 90 97 
3824 90 97 
Calcium nitrate (CAS RN 
10124-37-5) 2834 29 80 3824 90 97 
Ammonium calcium nitrate 
(CAS RN 15245-12-2) 3102 60 00 3824 90 97