EU Regulation 2019/1148 which replaces and repeals the Regulation on explosives precursors

The EU Regulation 2019/1148 was published, replacing and repealing EU Regulation 98/2013 on explosives precursors.

The Regulation will come into force on 1 August 2019 and will apply from 1 February 2021.

The Regulation provides for the modification of the list of substances subject to restriction and indications for the traceability of transactions so as to counter the improper use of chemical substances to build artisan explosives.

The economic operators have:

• the prohibition on supplying private individuals with a series of chemical products above certain concentrations reported in Annex I (nitric acid, hydrogen peroxide, sulfuric acid ..)
• the obligation to report to the authorities in charge any suspicious transactions or shortages of chemical products listed in Annexes I and II.

As for sales to professional operators, the economic operators will have to keep track of transactions carried out and the identity of the buyers for eighteen months.

For the substances contained in Annex I, if the concentrations indicated are exceeded, they can be sold to professional operators only if it is shown that they are necessary for their own work activities.

The Regulation introduced the Sulfuric Acid among the substances of Annex I, with a maximum concentration of 15% for sale to private individuals and 40% for sale to private individuals who are licensed by the Authorities of the member country: in this regard Italy has never wanted to introduce licensing to private individuals.

It should be noted that the restrictive provisions for sale to private individuals also apply to mixtures containing chlorates and perchlorates listed in Annex I when the overall concentration of these substances exceeds the limit value of one of them.

Homogeneous mixtures with more than 5 ingredients in which the concentration of each substance listed in Annex I or II is less than 1% w / w are not included in the scope.

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