However, some chemicals have the potential to be misused for the illicit manufacture of homemade explosives. Terrorists and other criminals may seek to purchase the precursor ingredients necessary to produce homemade explosives from the open market or divert them from legitimate uses.
It was therefore necessary to further strengthen and harmonise the system for preventing the illicit manufacture of homemade explosives. Regulation (EU) 2019/1148 of the European Parliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors (hereafter ‘the Regulation’) was thus adopted, and enters into force on 1 February 2021.
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 with a view to ensuring the appropriate reporting of suspicious transactions throughout the supply chain.
The Regulation applies to the making available, introduction, possession and use of the following types of products from Novadan:
- Products with more than 3% nitric acid
- Products with more than 12% hydrogen peroxide
- Products with more than 15% sulfuric acid
- Products containing sodium nitrate*
*For these products, only the following obligations regarding reporting to the authorities apply.
The following products from Novadan are covered by the legislation:
|Acir||Hydrogenperoxid 35%||Salpetersyre 53%|
|Cip Acid FB||Oxidan||Svovlsyre 49,85%|
|Cip Acid KA||Oxidan Extra||Svovlsyre 20%|
|Des Foam PAA||Oxidan Special 150||Svovlsyre 96%|
|Desinfect MB||Oxitex||Tex Bleach 759|
|F 60+||Oxivit Aktiv Plus||Tex Bleach 754|
|Game Additive Oxi||Ro Dan Acid||VIP 2|
|FAL PL||Foam 19T||Salpetersyre 25,5%|
|Foam 10T||Mida Chriox 5||Hydrogenperoxid Spray 35|
|Hydrogenperoxid Bath 35|
Obligations of Novadan, Distributors and End-Users.
Information in the supply chain
The products may only be sold to private end users if a license or dispensation has been issued by the authorities in the individual EU countries. Novadan manufactures and sells products only for professional use, as clear stated in the product safety data sheets.
Information that a product is covered by the Regulation must be passed on throughout the supply chain. Novadan has inserted this information in the safety data sheet under point 1.
Verification upon sale:
The products may only be sold if it has been verified in advance that the prospective customer is in fact a professional user or another economic operator. The customer must also have stated in advance the intended use of the products, and information on any trade must be available to the authorities for 18 months.
Novadan’s customers will therefore in future be asked to fill in and sign a “Customer´s statement” with the required information about the products once a year. If the customer during the year buys products that are not included in the statement, they will be asked to fill in a supplementary customer statement before the sale.
To prevent significant disappearances and thefts, it is important that storage of the products is secure. Access by other persons (visitors and contractors) to company premises is recommended to be restricted and monitored in relation to premises where regulated explosives precursors are manufactured or stored. Companies are recommended to have a written policy on safe storage and procedures in place that has relevance for regulated explosives precursors.
Reporting to the authorities
Suspicious transactions as well as the loss and theft of the covered products must be reported to the authorities within 24 hours of the discovery. Companies must ensure that they have procedures in place that demonstrate that they know how to report in each country.
Compliance with regulations
In Danmark, it is Sikkerhedsstyrelsen that inspects and controls that companies comply with the regulations. , som inspicerer og fører kontrol med, at virksomhederne overholder bestemmelserne.
The regulation can be found at the link below:
→ Regulation (EU) 2019/1148 of the European Parliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors
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