EXPLOSIVES PRECURSORS

The precursors of explosives are governed by the EU Regulation 2019/1148 which replaces and repeals the EU Regulation 98/2013.

The Regulation applies from 1 February 2021.

The precursors of explosives are divided into two annexes:

- Annex I: restricted substances

- Annex II: Reporting substances

SALE OF EXPLOSIVES PRECURSORS

Economic operators have:

• the ban on supplying private individuals with a series of chemicals above certain concentrations listed in Annex I (nitric acid, hydrogen peroxide, sulfuric acid ..)
• the obligation to report any suspicious transaction or shortage of chemical products listed in Annexes I and II to the Authorities within 24 hours (tel. 06 4654 2182 or precursori@dcpc.interno.it)
• with regard to sales to professional operators:
  • economic operators must have a declaration signed by the customer (Annex IV) in order to inform him that he is buying explosives precursors and to inform him of his obligations. The declaration is valid for 12 months.
  • keep track of the transactions carried out and the identity of the buyers for eighteen months (requesting a copy of the identity card)
  • verify that the customer has demonstrable need for the product for purposes related to the performance of his business (commercial, professional) and that the quantities are compatible with it
  • inform him that suspicious transactions, disappearances and significant thefts must be reported to the authority within twenty-four hours and (if the customer is another economic operator) inform him that, in turn, he will have to follow the same procedure when reselling.

SUBSTANCES SUBJECT TO RESTRICTIONS

nitric acid (3%), hydrogen peroxide (12%), sulfuric acid (15%), nitromethane (16%), ammonium nitrate (45.7%), potassium chlorate (40%), potassium perchlorate ( 40%), sodium chlorate (40%) and sodium perchlorate (40%).

SUBSTANCES SUBJECT TO REPORTING

hexamine, acetone, potassium nitrate, sodium nitrate, calcium nitrate, nitric acid-ammonium and calcium salt, magnesium nitrate hexahydrate, aluminum-powders, magnesium-powders.

SALE OF PRECURSORS PRESENT IN ANNEX II

There are no verification obligations but only to inform the customer through:

• CdV / DDT / Invoice, it may be sufficient to include a statement such as: "This product is governed by Regulation (EU) 2019/1148: all suspicious transactions and significant disappearances and thefts must be reported within twenty-four hours to the national contact point competent precursori@dcpc.interno.it ".
• The reference to the regulation must be included in the SDS for professional operators in section 15.1 and it will be appropriate to highlight restrictions / reporting obligations.
• No information obligation applies when selling to a private individual.

WHAT IS MEANING BY SUSPECTED TRANSITION

Any purchase (even if only attempted) of one or more explosives precursors (alone or in mixtures) that deviates from one's work activity is considered a suspicious transaction.

For example: a small farmer asking for a truck of ammonium nitrate or a hobbyist who buys twenty 5-kilogram bags of potassium nitrate.

In such cases, you can refuse the sale and in any case make the report (trying to give as much information as possible).

Transactions are also to be reported (even without a sale) during which the buyer has suspicious behavior, some indicators may be: he appears nervous or avoids questions or is not a type of regular customer; attempts to purchase products in unusual quantities, combinations or concentrations; insists on paying in cash; is reluctant to provide proof of identity, place of residence or other information.

The difference between theft and disappearance is that in the first case we have immediate evidence of the fact (eg: door with signs of burglary), while in the second we can only notice it later (eg: during a periodic stock check). The use of the term "significant" serves to exclude, for example, the normal cases of shoplifting in which several items disappear from a department store or a theft that involved mainly plant protection products and only a few bags of fertilizer.