Report on the application of, and delegation of power under, Regulation (EU) 98/2013 on the marketing and use of explosives precursors

Author (Corporate)
Series Title
Series Details (2017) 103 final (28.02.17)
Publication Date 28/02/2017
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Regulation (EU) No 98/2013 on the marketing and use of explosives precursors entered into force on 1 March 2013 and became applicable on 2 September 2014. It establishes harmonised rules on the making available, introduction, possession and use of chemical substances and mixtures which can be misused for illicitly manufacturing home-made explosives. The Regulation’s controls and restrictions apply to the substances listed in its Annexes and to mixtures and substances containing them.

Article 18(1) of the Regulation calls on the Commission to present a report to the European Parliament and to the Council by 2 September 2017, examining any problems arising from the application of this Regulation, as well as the desirability and feasibility of proposing legislative changes that could further strengthen and harmonise the system. These include the possibility of extending the scope of the Regulation to cover professional users and including non-scheduled explosives precursors in Annex II. In addition, Article 14(2) requires the Commission to draw up a report in respect of the delegation of power, conferred on it for a period of five years from 1 March 2013, ‘not later than nine months before the end of the five-year period,’ i.e. by 1 June 2017.

This report aims to fulfil the requirements set out in the above two articles. In the interest of simplifying the reporting exercise, and given that the delegation of power is a tool for legislative change, the Commission considers it beneficial and pertinent to consolidate both reports into one. This report also seeks to communicate information that would improve compliance with the Regulation’s provisions by economic operators and national authorities, and to enhance the transparency of the Commission’s policy-making process.

The Commission has prepared this report on the basis of the discussions and consultations in the Standing Committee of Precursors (SCP), a Commission expert group comprising the competent authorities of the EU Member States and non-EU countries in the EEA and representatives of the chemical and retail supply chains, and on the basis of the Commission’s own considerations.

Further information

The European Commission published on 17 April 2018 its 14th report on the progress made towards building an effective and genuine Security Union, which covered developments under two main pillars: tackling terrorism and organised crime and the means that support them; and strengthening defences and building resilience against those threats.

The Communication was accompanied by a package of legislative proposals including:

+ COM(2018)209 Proposal for a Regulation on the marketing and use of explosives precursors

Source Link http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2017:103:FIN
Related Links
European Parliament: European Parliamentary Research Service: Briefing: Implementation Appraisal, May 2018: Regulation 98/2013 on the marketing and use of explosives precursors: http://www.europarl.europa.eu/RegData/etudes/BRIE/2018/621809/EPRS_BRI(2018)621809_EN.pdf
EUR-Lex: COM (2018)209: Proposal for a Regulation ... on the marketing and use of explosives precursors, amending Annex XVII to Regulation (EC) No 1907/2006 and repealing Regulation (EU) No 98/2013 on the marketing and use of explosives precursors https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2018:209:FIN

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