REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to Regulation (EU) 2019/1148 of the European Parliament and the Council on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013
Date: 2023-11-20
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: European Commission, civil defence, dangerous substance, delegated legislation, explosive, illicit trade, market approval, powers of the institutions (EU), terrorism, trade restriction, transfer of competence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 20.11.2023  COM(2023) 710 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the delegation conferred on the Commission pursuant to   Regulation (EU) 2019/1148 of the European Parliament and the Council on the marketing and use of explosives precursors, amending Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013  
 
 
1. INTRODUCTION 

Regulation (EU) 2019/1148 on the marketing and use of explosives precursors (hereafter 
‘the  Regulation’)  establishes  harmonised  rules  concerning  the  making  available, 
introduction, possession and use of substances or mixtures that could be misused for the 
illicit manufacture of explosives, with a view to limiting the availability of those substances 
or mixtures to members of the general public, and ensuring the appropriate reporting of 
suspicious  transactions  throughout  the  supply  chain.  The  Regulation’s  controls  and 
restrictions apply to the substances listed in its Annexes and to mixtures and substances 
containing them.  

Pursuant to Article 15 of the Regulation, the Commission is empowered to adopt delegated 
acts amending the Regulation by: (a) modifying the limit values in Annex I to the extent 
necessary  to  accommodate  developments  in  the  misuse  of  substances  as  explosives 
precursors, or on the basis of research and testing; (b) adding substances to Annex II, where 
necessary  to  accommodate  developments  in  the  misuse  of  substances  as  explosives 
precursors. 

The Standing Committee on Precursors, an expert group chaired by the Commission and 
composed  of  representatives  of  Member  States  and  industry  associations,  assists  the 
Commission in its work to facilitate and monitor the implementation of Regulation (EU) 
2019/1148. 

The Regulation is a key instrument in the fight against terrorism and crime in the European 
Union  as  it  prevents  terrorists  or  criminals  from  acquiring  explosives  precursors  which 
could be used to produce ‘Home Made Explosives’ (HMEs). In several terrorist attacks in 
the EU, including those in Paris in 2015, Brussels in 2016, Manchester and Parsons Green 
in 2017 and Lyon in 2019, terrorists used such HMEs. 

2. LEGAL BASIS 

The present report is required by Article 16(2) of the Regulation. Pursuant to this provision, 
the power to adopt delegated acts is conferred on the Commission for a period of five years 
from 31 July 2019. Moreover, the Commission is required to draw up a report in respect 
of the delegation of power not later than nine months before the end of the five-year period, 
which is 31 October 2023.  

The delegation of power shall be tacitly extended for periods of an identical duration unless 
the European Parliament or the Council opposes such extension not later than three months 
before the end of each period. 

3. EXERCISE OF THE DELEGATION 

During the period covered by this report - i.e. from 31 July 2019 until 31 October 2023 - 
the  Commission  has  not  exercised  its  power  in  accordance  with  Article  15  of  the 
Regulation to adopt delegated acts to modify the limit values of the substances in Annex I 
or to add substances to Annex II of the Regulation. 

However,  the  threat  posed  by  HMEs  remains  high  and  continues  to  evolve.  This  is 
systematically confirmed in Europol’s annual EU Terrorism Situation and Trend Report 

 
 
 
 
(TE-SAT) which provides an overview of the terrorism phenomenon in the EU in a given 
year1. 

The  Standing  Committee  on  Precursors  is  therefore  constantly  following  developments 
concerning the possible misuse of new substances, or new concentrations or mixtures of 
them, as explosives precursors on the basis of input from the experts of the EU Member 
States, Europol or other law enforcement authorities. During the period covered by this 
report, some new substances have been considered for possible inclusion into the Annexes 
of the Regulation. However, during the reporting period it was never considered necessary 
to accommodate developments in the misuse of substances as explosives precursors and 
proceed  with  a  proposal  for  a  delegated  regulation  to  modify  the  limit  values  of  the 
substances in Annex I or to add substances to Annex II of the Regulation. 

Additionally,  it  should  be  noted  that  the  Commission  exercised  its  power  to  adopt 
delegated acts in 2016 to add three substances to Annex II, namely aluminium powder, 
magnesium nitrate hexahydrate and magnesium powder. At that time, Regulation (EU) No 
98/2013 on the marketing and use of explosives precursors was applicable, which was the 
predecessor  of  Regulation  (EU)  2019/1148  on  the  marketing  and  use  of  explosives 
precursors. 

4. CONCLUSION 

The Commission is of the view that the power to adopt delegated acts conferred on it by 
the Regulation should be tacitly extended for a period of five years, in accordance with 
Article 16(2) of the Regulation. 

12022  European  Union  Terrorism  Situation  and  Trend  Report  (TE-SAT)  which  states  that  “Home-made 
explosives (HME) remain the preferred weapon for jihadist terrorists. While the use of TATP has continued 
to decrease, a continuing increasing trend of manufacturing homemade low explosives mixed from acquired 
explosives  precursors  (e.g.  potassium  nitrate,  aluminium  powder,  sulphur,  ammonium  nitrate)  has  been 
noted in 2021. Instructions published and shared via encrypted communication platforms mostly incited and 
suggested the use of HME, readily available pyrotechnics and rudimentary ‘pipe bomb’ types of IEDs”. 

2