BETA


2018/0103(COD) Marketing and use of explosives precursors

Progress: Procedure completed, awaiting publication in Official Journal

RoleCommitteeRapporteurShadows
Lead LIBE MAMIKINS Andrejs (icon: S&D S&D) ZDECHOVSKÝ Tomáš (icon: PPE PPE), STEVENS Helga (icon: ECR ECR), GRIESBECK Nathalie (icon: ALDE ALDE), ALBIOL GUZMÁN Marina (icon: GUE/NGL GUE/NGL), VALERO Bodil (icon: Verts/ALE Verts/ALE)
Committee Opinion ENVI
Committee Opinion ITRE
Committee Opinion IMCO
Committee Opinion JURI
Lead committee dossier:
Legal Basis:
TFEU 114

Events

2019/06/20
   CSL - Draft final act
Documents
2019/06/20
   CSL - Final act signed
2019/06/20
   EP - End of procedure in Parliament
2019/06/14
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/06/14
   CSL - Council Meeting
2019/04/16
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 616 votes to 7 with 21 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council 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.

Parliament’s position adopted in first reading following the ordinary legislative procedure amended the Commission proposal as follows:

Purpose

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. The aim is to limit the availability of those substances or mixtures to members of the general public, and to ensure the appropriate reporting of suspicious transactions throughout the supply chain.

Making available, introduction, possession and use

Restricted explosives precursors shall not be made available to, or introduced, possessed or used by members of the general public.

This restriction also applies to mixtures containing chlorates or perchlorates listed in Annex I (restricted explosive precursors), where the overall concentration of those substances in the mixture exceeds certain limit values expressed as a percentage by weight (w/w).

Licences

Each Member State that issues licences to members of the general public who have a legitimate interest in acquiring, introducing, possessing or using restricted explosives precursors shall lay down rules for issuing licences. When considering whether to issue a licence, the competent authority of the Member State shall take into account, in particular:

- the demonstrable need for the restricted explosives precursor and the legitimacy of its intended use;

- the background of the applicant, including information on previous criminal convictions of the applicant anywhere within the Union. The competent authority established by Council Framework Decision 2009/315/JHA shall provide replies to requests for such information within 10 working days from the date the request was received.

Informing the supply chain

An economic operator who makes available a regulated explosives precursor to another economic operator shall inform that economic operator that the acquisition, introduction, possession or use of that regulated explosives precursor by members of the general public is subject to reporting obligations regarding suspicious transactions, disappearances and thefts.

Verification upon sale

The economic operator who makes available a restricted explosives precursor to a professional user or another economic operator shall for each transaction request the following information:

- proof of identity of the individual entitled to represent the prospective customer;

- the trade, business, or profession together with the company name, address and the value added tax identification number or any other relevant company registration number, if any, of the prospective customer;

- the intended use of the restricted explosives precursors by the prospective customer.

Economic operators shall retain this information for 18 months from the date of transaction.

The information must not be requested if such verification for that prospective customer has already occurred within a period of one year prior to the date of that transaction and the transaction does not significantly deviate from previous transactions.

For the purpose of verifying the intended use of the restricted explosives precursor, the economic operator shall assess whether the intended use is consistent with the trade, business or profession of the prospective customer. The economic operator may refuse the transaction if it has reasonable grounds for doubting the legitimacy of the intended use of the restricted explosives precursor. The economic operator shall report such transactions or such attempted transactions.

Reporting of suspicious transactions

The amended text requires economic operators and online marketplaces to report suspicious transactions.

Each Member State shall set up one or more national contact points, available 24 hours a day, seven days a week, with a clearly identified telephone number and e-mail address, web form or any other effective tool for the reporting of suspicious transactions and significant disappearances and thefts.

Economic operators and online marketplaces may refuse the suspicious transaction and must report it within 24 hours of considering that it is suspicious.

Significant disappearances and thefts of regulated explosives precursors must be reported within 24 hours of detection to the national contact point of the Member State where the disappearance or theft took place.

Training and awareness-raising

Member States shall organise regular exchanges between law enforcement authorities, national supervisory authorities, economic operators, online marketplaces and representatives of the sectors that use regulated explosives precursors. Economic operators shall be responsible for providing information to their personnel on the manner in which explosives precursors are to be made available and for raising personnel awareness in this regard.

Member States may request additional specific trainings from the European Union Agency for Law Enforcement Training (CEPOL).

A Member State that restricts or prohibits substances shall raise awareness of such restrictions or prohibitions among economic operators and online marketplaces on its territory.

Documents
2019/02/19
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2019/01/10
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/12/18
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Andrejs MAMIKINS (S&D, LV) on the proposal for a regulation of the European Parliament and of the Council 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.

The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows.

Licences

In 2015 and 2016, homemade explosives were used in approximately 40% of terrorist attacks committed in the European Union. This demonstrates the need to close existing gaps in order to reduce the possibilities of accessing highly dangerous substances.

Proposed amendments aim to tighten the conditions for granting licences for the purchase and use of explosives precursors. Members stressed that the competent authority shall inform licence holders of any suspension or revocation of their licences in due time. The mutual recognition of the licences issued by other Member States shall be done bilaterally by means of agreements among the competent authorities.

Making available, introduction, possession and use

Restricted explosives precursors shall not be made available to, or introduced, possessed or used by members of the general public. The restrictions shall not apply to professionals who need to use these chemicals in connection to their trade, craft or profession.

Informing the supply chain

An online marketplace that acts as an intermediary shall take measures to ensure that its users, when making available regulated explosives precursors through its services, are informed of their obligations pursuant to this Regulation. Any personal use of the regulated explosives precursors by economic operators or their staff shall be prohibited.

For the purpose of verifying that a new customer is a professional user or an economic operator, an economic operator who makes available a restricted explosives precursor to a professional user or another economic operator shall for each transaction request the trade, business, craft or profession together with the company name and address of the new customer.

Verification upon sale

For the purpose of verifying the intended use of the restricted explosives precursor, the economic operator shall assess whether the intended use is consistent with the trade, business, craft or profession of the prospective customer. The transaction may be refused if there are reasonable grounds for doubting the customer’s stated intended use of the restricted explosives precursor. The economic operator shall report the suspicious or attempted transaction.

Reporting of suspicious transactions, disappearances and thefts

The reporting obligations shall cover the products that contain regulated explosives precursors which fulfil all of the following criteria: (i) the precursor is listed as an ingredient on the label or in the safety datasheet; (ii) the precursor concentration is greater than 1% (or 3% N by weight for nitrogenous fertilisers); (iii) the extraction of the precursor is possible without complication.

Economic operators and online marketplaces acting as an intermediary shall report such suspicious transactions

Economic operators and online marketplaces that act as an intermediary may refuse the suspicious transaction. They shall report the suspicious transaction or attempted transaction within 24 hours, including, if possible, the identity of the customer and all the relevant details which have led them to consider a transaction suspicious, to the national contact point of the Member State where the suspicious transaction was concluded or attempted.

Training and awareness-raising

Member States shall organise regular exchanges between law enforcement agencies, national supervisory authorities, economic operators, online market places that act as an intermediary and representatives of the professional sectors that use regulated explosives precursors. Economic operators shall be responsible for providing information to their staff on the manner in which explosives precursors are to be made available under this Regulation and for raising staff awareness in this regard.

Member States may request additional specific trainings from the European Union Agency for Law Enforcement Training (CEPOL).

Safeguard clause

The national contact point of the Member State restricting or prohibiting substances shall inform economic operators and online marketplaces that act as intermediary in the territory of that Member State of such restrictions or prohibitions.

Documents
2018/12/10
   EP - Vote in committee, 1st reading/single reading
2018/11/05
   EP - Amendments tabled in committee
Documents
2018/09/19
   EP - Committee draft report
Documents
2018/08/17
   CZ_SENATE - Contribution
Documents
2018/06/14
   CZ_CHAMBER - Contribution
Documents
2018/06/04
   EP - Responsible Committee
2018/05/28
   EP - Committee referral announced in Parliament, 1st reading/single reading
2018/04/18
   EC - Document attached to the procedure
2018/04/18
   EC - Document attached to the procedure
2018/04/17
   EC - Legislative proposal published
Details

PURPOSE: to strengthen and clarify EU provisions on the marketing and use of explosives precursors in order to prevent the illicit manufacture of explosives.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

BACKGROUND: Regulation (EU) No 98/2013 of the European Parliament and of the Council on explosive precursors aimed to limit the availability of these chemical substances to the general public, and ensure the appropriate reporting of suspicious transactions throughout the supply chain. Whilst the amount of explosives precursors available on the market for public consumption has decreased since the entry into force of the Regulation in 2013, there has been an increase in the number of reported suspicious transactions , disappearances and thefts, and explosives precursors continue to be used for the illicit manufacture of explosives. These "homemade explosives" have been used in the vast majority of terrorist attacks in the EU, including those in Madrid in 2004, London in 2005, Paris in 2015, Brussels in 2016, as well as Manchester and Parsons Green in 2017.

The existing restrictions and controls have proven to be insufficient to prevent the illicit manufacture of homemade explosives. This is due to the facts that: (a) the Regulation allows for different levels of restrictions across Member States; (b) the requirement of registering transactions does not deter or prevent criminals from acquiring explosives precursors; (c) terrorists are developing new recipes and bomb-making techniques, which can circumvent existing restrictions and controls; (d) the Regulation lacks provisions that facilitate compliance and enforcement, which contributes to a number of systemic deficits along the supply chain. This proposal for a regulation aims to address the abovementioned problems by strengthening and clarifying Regulation (EU) No 98/2013.

IMPACT ASSESSMENT: various options were analysed and compared. The preferred option is a legislative instrument revising the existing framework in order to increase the effectiveness of the restrictions, enforcement by public authorities, and compliance by the supply chain.

CONTENT: this proposal for a regulation aims to strengthen the current rules on marketing and use of explosives precursors. The main points are as follows:

Restrictions on additional chemicals : the Commission proposed to add new chemicals to the restricted substances that could be used to make home-made explosives. These chemicals include sulphuric acid. The proposal also lowers the concentration limit for nitromethane.

Since the substances can be obtained equally in in brick-and-mortar shops as well as from online retailers and online marketplaces, the new rules will also apply fully to online sales .

Ending the current registration systems : the proposal puts an end to the registration systems some Member States currently have in place. The distinction between a professional user, to which restricted explosives precursors can be made available and a member of the general public, to which they cannot, will be facilitated by introducing a definition of both concepts.

Licensing: Member States may choose to have a licensing system for the purchase of a limited number of restricted substances which could have a clear legitimate use.

The existing parameters for licensing are tightened . For some restricted explosives precursors above the concentration limit provided for by the Regulation, there exists no legitimate use by members of the general public. Therefore, it is proposed to discontinue licensing for potassium chlorate, potassium perchlorate, sodium chlorate and sodium perchlorate. Licenses may only be requested for a limited number of restricted explosives precursors for which there exists substantial legitimate use by members of the general public, i.e. only the already restricted hydrogen peroxide, nitromethane and nitric acid and the newly proposed sulphuric acid. Licences may only be provided for the latter substances in concentrations not exceeding an upper limit set in the proposal. For the newly proposed sulphuric acid, the upper limit is set at 40%.

Before issuing a license to a member of the general public, each Member State will have to verify the legitimacy of such a request and run a careful security screening , including a criminal record check.

Labelling: the proposal makes clear that every step in the supply chain will bear the burden of informing the next that the product supplied is subject to the restrictions of this Regulation. This can be done through a label, but also through the use of existing tools such as the safety data sheet under Regulation (EC) No 1907/2006.

Quicker and better information sharing : the proposal introduces an obligation for businesses to report a suspicious transaction to the responsible authorities within 24 hours. The new measures also provide for greater information sharing between companies, including online businesses, and awareness raising along the whole supply chain.

Documents

  • Draft final act: 00046/2019/LEX
  • Decision by Parliament, 1st reading/single reading: T8-0386/2019
  • Approval in committee of the text agreed at 1st reading interinstitutional negotiations: PE636.075
  • Committee report tabled for plenary, 1st reading/single reading: A8-0473/2018
  • Amendments tabled in committee: PE629.769
  • Committee draft report: PE627.056
  • Contribution: COM(2018)0209
  • Contribution: COM(2018)0209
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0104
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0105
  • Legislative proposal published: COM(2018)0209
  • Legislative proposal published: EUR-Lex
  • Document attached to the procedure: EUR-Lex SWD(2018)0104
  • Document attached to the procedure: EUR-Lex SWD(2018)0105
  • Committee draft report: PE627.056
  • Amendments tabled in committee: PE629.769
  • Draft final act: 00046/2019/LEX
  • Contribution: COM(2018)0209
  • Contribution: COM(2018)0209

Votes

A8-0473/2018 - Andrejs Mamikins - Am 42 16/04/2019 12:46:36.000

2019/04/16 Outcome: +: 616, 0: 21, -: 7
DE FR IT ES GB PL RO NL BE CZ SE AT PT HU BG DK SK HR LT FI LV SI IE LU MT EE EL CY
Total
93
68
54
51
55
46
30
24
20
20
18
17
18
16
13
11
11
10
9
9
8
8
7
6
6
5
10
1
icon: PPE PPE
190

United Kingdom PPE

2

Denmark PPE

For (1)

1

Lithuania PPE

2

Finland PPE

2

Ireland PPE

3

Luxembourg PPE

3

Estonia PPE

For (1)

1

Greece PPE

1
icon: S&D S&D
162

Netherlands S&D

For (2)

2

Croatia S&D

2

Finland S&D

1

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3

Estonia S&D

For (1)

1
icon: ECR ECR
65

Romania ECR

2

Netherlands ECR

2

Czechia ECR

2

Sweden ECR

2

Bulgaria ECR

For (1)

1

Slovakia ECR

1

Croatia ECR

For (1)

1

Lithuania ECR

1

Finland ECR

1

Latvia ECR

For (1)

1
icon: ALDE ALDE
61

United Kingdom ALDE

1

Romania ALDE

3

Austria ALDE

For (1)

1

Portugal ALDE

1

Bulgaria ALDE

3

Denmark ALDE

2

Croatia ALDE

For (1)

1

Lithuania ALDE

2

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Ireland ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
49

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Netherlands Verts/ALE

2

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
41

Netherlands GUE/NGL

3

Sweden GUE/NGL

For (1)

1

Portugal GUE/NGL

Against (1)

3

Denmark GUE/NGL

For (1)

1

Ireland GUE/NGL

3

Cyprus GUE/NGL

1
icon: ENF ENF
31

Germany ENF

Abstain (1)

1

Poland ENF

2

Belgium ENF

For (1)

1
3
icon: EFDD EFDD
30

Germany EFDD

Against (1)

1
4

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

For (1)

1
icon: NI NI
15

Germany NI

2

France NI

Against (1)

3

Italy NI

For (1)

1

Poland NI

Against (1)

2

Hungary NI

2

A8-0473/2018 - Andrejs Mamikins - Am 42

2019/04/16 Outcome: +: 616, 0: 21, -: 7
DE FR IT ES GB PL RO NL BE CZ SE AT PT HU BG DK SK HR LT FI LV SI IE LU MT EE EL CY ??
Total
93
68
53
49
54
46
30
24
20
20
17
17
18
16
13
11
11
10
9
9
8
8
7
6
6
5
10
1
2
icon: PPE PPE
190

United Kingdom PPE

2

Denmark PPE

For (1)

1

Lithuania PPE

2

Finland PPE

2

Ireland PPE

3

Luxembourg PPE

3

Estonia PPE

For (1)

1

Greece PPE

1
icon: S&D S&D
162

Netherlands S&D

For (2)

2

Croatia S&D

2

Finland S&D

1

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3

Estonia S&D

For (1)

1
icon: ECR ECR
65

Romania ECR

2

Netherlands ECR

2

Czechia ECR

2

Sweden ECR

2

Bulgaria ECR

For (1)

1

Slovakia ECR

1

Croatia ECR

For (1)

1

Lithuania ECR

1

Finland ECR

1

Latvia ECR

For (1)

1
icon: ALDE ALDE
60

United Kingdom ALDE

1

Romania ALDE

3

Austria ALDE

For (1)

1

Portugal ALDE

1

Bulgaria ALDE

3

Denmark ALDE

2

Croatia ALDE

For (1)

1

Lithuania ALDE

2

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Ireland ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
47

Italy Verts/ALE

For (1)

1

United Kingdom Verts/ALE

5

Netherlands Verts/ALE

2

Belgium Verts/ALE

2

Sweden Verts/ALE

2

Austria Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
41

Netherlands GUE/NGL

3

Sweden GUE/NGL

For (1)

1

Portugal GUE/NGL

Against (1)

3

Denmark GUE/NGL

For (1)

1

Ireland GUE/NGL

3

Cyprus GUE/NGL

1
icon: ENF ENF
31

Germany ENF

Abstain (1)

1

Poland ENF

2

Belgium ENF

For (1)

1
3
icon: EFDD EFDD
30

Germany EFDD

Against (1)

1
4

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

For (1)

1

EFDD

Abstain (1)

1
icon: NI NI
15

Germany NI

2

France NI

Against (1)

3

Poland NI

Against (1)

2

Hungary NI

2

NI

For (1)

1
AmendmentsDossier
71 2018/0103(COD)
2018/11/05 LIBE 71 amendments...
source: PE-629.769

History

(these mark the time of scraping, not the official date of the change)

activities
  • date
    2018-04-17T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0209/COM_COM(2018)0209_EN.pdf
      text
      • PURPOSE: to strengthen and clarify EU provisions on the marketing and use of explosives precursors in order to prevent the illicit manufacture of explosives.

        PROPOSED ACT: Regulation of the European Parliament and of the Council.

        ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

        BACKGROUND: Regulation (EU) No 98/2013 of the European Parliament and of the Council on explosive precursors aimed to limit the availability of these chemical substances to the general public, and ensure the appropriate reporting of suspicious transactions throughout the supply chain. Whilst the amount of explosives precursors available on the market for public consumption has decreased since the entry into force of the Regulation in 2013, there has been an increase in the number of reported suspicious transactions, disappearances and thefts, and explosives precursors continue to be used for the illicit manufacture of explosives. These "homemade explosives" have been used in the vast majority of terrorist attacks in the EU, including those in Madrid in 2004, London in 2005, Paris in 2015, Brussels in 2016, as well as Manchester and Parsons Green in 2017.

        The existing restrictions and controls have proven to be insufficient to prevent the illicit manufacture of homemade explosives. This is due to the facts that: (a) the Regulation allows for different levels of restrictions across Member States; (b) the requirement of registering transactions does not deter or prevent criminals from acquiring explosives precursors; (c) terrorists are developing new recipes and bomb-making techniques, which can circumvent existing restrictions and controls; (d) the Regulation lacks provisions that facilitate compliance and enforcement, which contributes to a number of systemic deficits along the supply chain. This proposal for a regulation aims to address the abovementioned problems by strengthening and clarifying Regulation (EU) No 98/2013.

        IMPACT ASSESSMENT: various options were analysed and compared. The preferred option is a legislative instrument revising the existing framework in order to increase the effectiveness of the restrictions, enforcement by public authorities, and compliance by the supply chain.

        CONTENT: this proposal for a regulation aims to strengthen the current rules on marketing and use of explosives precursors. The main points are as follows:

        Restrictions on additional chemicals: the Commission proposed to add new chemicals to the restricted substances that could be used to make home-made explosives. These chemicals include sulphuric acid. The proposal also lowers the concentration limit for nitromethane.

        Since the substances can be obtained equally in in brick-and-mortar shops as well as from online retailers and online marketplaces, the new rules will also apply fully to online sales.

        Ending the current registration systems: the proposal puts an end to the registration systems some Member States currently have in place. The distinction between a professional user, to which restricted explosives precursors can be made available and a member of the general public, to which they cannot, will be facilitated by introducing a definition of both concepts.

        Licensing: Member States may choose to have a licensing system for the purchase of a limited number of restricted substances which could have a clear legitimate use.

        The existing parameters for licensing are tightened. For some restricted explosives precursors above the concentration limit provided for by the Regulation, there exists no legitimate use by members of the general public. Therefore, it is proposed to discontinue licensing for potassium chlorate, potassium perchlorate, sodium chlorate and sodium perchlorate.  Licenses may only be requested for a limited number of restricted explosives precursors for which there exists substantial legitimate use by members of the general public, i.e. only the already restricted hydrogen peroxide, nitromethane and nitric acid and the newly proposed sulphuric acid. Licences may only be provided for the latter substances in concentrations not exceeding an upper limit set in the proposal. For the newly proposed sulphuric acid, the upper limit is set at 40%.

        Before issuing a license to a member of the general public, each Member State will have to verify the legitimacy of such a request and run a careful security screening, including a criminal record check.

        Labelling: the proposal makes clear that every step in the supply chain will bear the burden of informing the next that the product supplied is subject to the restrictions of this Regulation. This can be done through a label, but also through the use of existing tools such as the safety data sheet under Regulation (EC) No 1907/2006.

        Quicker and better information sharing: the proposal introduces an obligation for businesses to report a suspicious transaction to the responsible authorities within 24 hours. The new measures also provide for greater information sharing between companies, including online businesses, and awareness raising along the whole supply chain.

      title
      COM(2018)0209
      type
      Legislative proposal published
      celexid
      CELEX:52018PC0209:EN
    body
    EC
    commission
    • DG
      Commissioner
      AVRAMOPOULOS Dimitris
    type
    Legislative proposal published
  • date
    2018-05-28T00:00:00
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2018-12-10T00:00:00
    body
    EP
    type
    Vote in committee, 1st reading/single reading
    committees
commission
  • body
    EC
    dg
    Migration and Home Affairs
    commissioner
    AVRAMOPOULOS Dimitris
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
  • 2018-06-04T00:00:00
rapporteur
  • name
    MAMIKINS Andrejs
    group
    Progressive Alliance of Socialists and Democrats
    abbr
    S&D
shadows
committees/0
body
EP
responsible
False
committee_full
Environment, Public Health and Food Safety
committee
ENVI
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Environment, Public Health and Food Safety
committee
ENVI
opinion
False
committees/1
body
EP
responsible
False
committee_full
Internal Market and Consumer Protection
committee
IMCO
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Industry, Research and Energy
committee
ITRE
opinion
False
committees/2
body
EP
responsible
False
committee_full
Industry, Research and Energy
committee
ITRE
committees/3
type
Committee Opinion
body
EP
associated
False
committee_full
Internal Market and Consumer Protection
committee
IMCO
opinion
False
committees/3
body
EP
responsible
False
committee_full
Legal Affairs
committee
JURI
committees/4
type
Committee Opinion
body
EP
associated
False
committee_full
Legal Affairs
committee
JURI
opinion
False
committees/4
body
EP
shadows
responsible
True
committee
LIBE
date
2018-06-04T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
  • group
    S&D
    name
    MAMIKINS Andrejs
council
  • body
    CSL
    type
    Council Meeting
    council
    Employment, Social Policy, Health and Consumer Affairs
    meeting_id
    3699
    url
    http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3699*&MEET_DATE=14/06/2019
    date
    2019-06-14T00:00:00
docs
  • date
    2018-04-18T00:00:00
    docs
    type
    Document attached to the procedure
    body
    EC
  • date
    2018-04-18T00:00:00
    docs
    type
    Document attached to the procedure
    body
    EC
  • date
    2018-09-19T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE627.056
      title
      PE627.056
    type
    Committee draft report
    body
    EP
  • date
    2018-11-05T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE629.769
      title
      PE629.769
    type
    Amendments tabled in committee
    body
    EP
  • date
    2019-06-20T00:00:00
    docs
    • url
      http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F19&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC
      title
      00046/2019/LEX
    type
    Draft final act
    body
    CSL
  • date
    2018-06-14T00:00:00
    docs
    • url
      http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0209
      title
      COM(2018)0209
    type
    Contribution
    body
    CZ_CHAMBER
  • date
    2018-08-17T00:00:00
    docs
    • url
      http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0209
      title
      COM(2018)0209
    type
    Contribution
    body
    CZ_SENATE
events
  • date
    2018-04-17T00:00:00
    type
    Legislative proposal published
    body
    EC
    docs
    summary
  • date
    2018-05-28T00:00:00
    type
    Committee referral announced in Parliament, 1st reading/single reading
    body
    EP
  • date
    2018-12-10T00:00:00
    type
    Vote in committee, 1st reading/single reading
    body
    EP
  • date
    2018-12-18T00:00:00
    type
    Committee report tabled for plenary, 1st reading/single reading
    body
    EP
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0473&language=EN
      title
      A8-0473/2018
    summary
  • date
    2019-01-10T00:00:00
    type
    Committee decision to open interinstitutional negotiations with report adopted in committee
    body
    EP
  • date
    2019-02-19T00:00:00
    type
    Approval in committee of the text agreed at 1st reading interinstitutional negotiations
    body
    EP
    docs
    • title
      PE636.075
  • date
    2019-04-16T00:00:00
    type
    Decision by Parliament, 1st reading/single reading
    body
    EP
    docs
    • url
      http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0386
      title
      T8-0386/2019
    summary
  • date
    2019-06-14T00:00:00
    type
    Act adopted by Council after Parliament's 1st reading
    body
    EP/CSL
  • date
    2019-06-20T00:00:00
    type
    Final act signed
    body
    CSL
  • date
    2019-06-20T00:00:00
    type
    End of procedure in Parliament
    body
    EP
links/Research document
title
Briefing
url
http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2019)635571
other
  • body
    EC
    dg
    commissioner
    AVRAMOPOULOS Dimitris
otherinst
  • name
    European Economic and Social Committee
procedure/Mandatory consultation of other institutions
European Economic and Social Committee
procedure/Modified legal basis
Old
Rules of Procedure EP 150
New
Rules of Procedure EP 159
procedure/Notes
  • 16/01/2019 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
procedure/dossier_of_the_committee
Old
LIBE/8/12826
New
  • LIBE/8/12826
procedure/instrument
Old
Regulation
New
  • Regulation
  • Amending Regulation (EC) No 1907/2006 2003/0256(COD) Repealing Regulation (EU) No 98/2013 2010/0246(COD)
procedure/other_consulted_institutions
European Economic and Social Committee
procedure/stage_reached
Old
Awaiting committee decision
New
Procedure completed, awaiting publication in Official Journal
procedure/subject
Old
  • 3.40.01 Chemical industry, fertilizers, plastics
  • 3.70.13 Dangerous substances, toxic and radioactive wastes (storage, transport)
  • 7.30.12 Control of personal weapons and ammunitions
New
3.40.01
Chemical industry, fertilizers, plastics
3.70.13
Dangerous substances, toxic and radioactive wastes (storage, transport)
7.30.12
Control of personal weapons and ammunitions
procedure/summary
  • Amending Regulation (EC) No 1907/2006
  • Repealing Regulation (EU) No 98/2013
activities/2
date
2018-12-10T00:00:00
body
EP
type
Vote in committee, 1st reading/single reading
committees
procedure/Modified legal basis
Rules of Procedure EP 150
activities/1/committees/4/shadows/0
group
EPP
name
ZDECHOVSKÝ Tomáš
activities/1/committees/4/shadows/2
group
ALDE
name
GRIESBECK Nathalie
activities/1/committees/4/shadows/3
group
GUE/NGL
name
ALBIOL GUZMÁN Marina
committees/4/shadows/0
group
EPP
name
ZDECHOVSKÝ Tomáš
committees/4/shadows/2
group
ALDE
name
GRIESBECK Nathalie
committees/4/shadows/3
group
GUE/NGL
name
ALBIOL GUZMÁN Marina
activities/1/committees/4/shadows/1
group
Verts/ALE
name
VALERO Bodil
committees/4/shadows/1
group
Verts/ALE
name
VALERO Bodil
activities/1/committees/4/shadows
  • group
    ECR
    name
    STEVENS Helga
committees/4/shadows
  • group
    ECR
    name
    STEVENS Helga
activities/1
date
2018-05-28T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
committees/4/date
2018-06-04T00:00:00
committees/4/rapporteur
  • group
    S&D
    name
    MAMIKINS Andrejs
procedure/dossier_of_the_committee
LIBE/8/12826
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
activities/0
date
2018-04-17T00:00:00
docs
  • url
    http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0209/COM_COM(2018)0209_EN.pdf
    text
    • PURPOSE: to strengthen and clarify EU provisions on the marketing and use of explosives precursors in order to prevent the illicit manufacture of explosives.

      PROPOSED ACT: Regulation of the European Parliament and of the Council.

      ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

      BACKGROUND: Regulation (EU) No 98/2013 of the European Parliament and of the Council on explosive precursors aimed to limit the availability of these chemical substances to the general public, and ensure the appropriate reporting of suspicious transactions throughout the supply chain. Whilst the amount of explosives precursors available on the market for public consumption has decreased since the entry into force of the Regulation in 2013, there has been an increase in the number of reported suspicious transactions, disappearances and thefts, and explosives precursors continue to be used for the illicit manufacture of explosives. These "homemade explosives" have been used in the vast majority of terrorist attacks in the EU, including those in Madrid in 2004, London in 2005, Paris in 2015, Brussels in 2016, as well as Manchester and Parsons Green in 2017.

      The existing restrictions and controls have proven to be insufficient to prevent the illicit manufacture of homemade explosives. This is due to the facts that: (a) the Regulation allows for different levels of restrictions across Member States; (b) the requirement of registering transactions does not deter or prevent criminals from acquiring explosives precursors; (c) terrorists are developing new recipes and bomb-making techniques, which can circumvent existing restrictions and controls; (d) the Regulation lacks provisions that facilitate compliance and enforcement, which contributes to a number of systemic deficits along the supply chain. This proposal for a regulation aims to address the abovementioned problems by strengthening and clarifying Regulation (EU) No 98/2013.

      IMPACT ASSESSMENT: various options were analysed and compared. The preferred option is a legislative instrument revising the existing framework in order to increase the effectiveness of the restrictions, enforcement by public authorities, and compliance by the supply chain.

      CONTENT: this proposal for a regulation aims to strengthen the current rules on marketing and use of explosives precursors. The main points are as follows:

      Restrictions on additional chemicals: the Commission proposed to add new chemicals to the restricted substances that could be used to make home-made explosives. These chemicals include sulphuric acid. The proposal also lowers the concentration limit for nitromethane.

      Since the substances can be obtained equally in in brick-and-mortar shops as well as from online retailers and online marketplaces, the new rules will also apply fully to online sales.

      Ending the current registration systems: the proposal puts an end to the registration systems some Member States currently have in place. The distinction between a professional user, to which restricted explosives precursors can be made available and a member of the general public, to which they cannot, will be facilitated by introducing a definition of both concepts.

      Licensing: Member States may choose to have a licensing system for the purchase of a limited number of restricted substances which could have a clear legitimate use.

      The existing parameters for licensing are tightened. For some restricted explosives precursors above the concentration limit provided for by the Regulation, there exists no legitimate use by members of the general public. Therefore, it is proposed to discontinue licensing for potassium chlorate, potassium perchlorate, sodium chlorate and sodium perchlorate.  Licenses may only be requested for a limited number of restricted explosives precursors for which there exists substantial legitimate use by members of the general public, i.e. only the already restricted hydrogen peroxide, nitromethane and nitric acid and the newly proposed sulphuric acid. Licences may only be provided for the latter substances in concentrations not exceeding an upper limit set in the proposal. For the newly proposed sulphuric acid, the upper limit is set at 40%.

      Before issuing a license to a member of the general public, each Member State will have to verify the legitimacy of such a request and run a careful security screening, including a criminal record check.

      Labelling: the proposal makes clear that every step in the supply chain will bear the burden of informing the next that the product supplied is subject to the restrictions of this Regulation. This can be done through a label, but also through the use of existing tools such as the safety data sheet under Regulation (EC) No 1907/2006.

      Quicker and better information sharing: the proposal introduces an obligation for businesses to report a suspicious transaction to the responsible authorities within 24 hours. The new measures also provide for greater information sharing between companies, including online businesses, and awareness raising along the whole supply chain.

    celexid
    CELEX:52018PC0209:EN
    type
    Legislative proposal published
    title
    COM(2018)0209
body
EC
commission
  • DG
    Commissioner
    AVRAMOPOULOS Dimitris
type
Legislative proposal published
committees/0
body
EP
responsible
False
committee_full
Environment, Public Health and Food Safety
committee
ENVI
committees/1
body
EP
responsible
False
committee_full
Internal Market and Consumer Protection
committee
IMCO
committees/2
body
EP
responsible
False
committee_full
Industry, Research and Energy
committee
ITRE
committees/3
body
EP
responsible
False
committee_full
Legal Affairs
committee
JURI
committees/4
body
EP
responsible
True
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
other/0
body
EC
dg
commissioner
AVRAMOPOULOS Dimitris
procedure/Mandatory consultation of other institutions
European Economic and Social Committee
procedure/legal_basis
  • Treaty on the Functioning of the EU TFEU 114
procedure/subject
  • 3.40.01 Chemical industry, fertilizers, plastics
  • 3.70.13 Dangerous substances, toxic and radioactive wastes (storage, transport)
  • 7.30.12 Control of personal weapons and ammunitions
activities/0
date
2018-04-17T00:00:00
docs
  • url
    http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0209/COM_COM(2018)0209_EN.pdf
    celexid
    CELEX:52018PC0209:EN
    type
    Legislative proposal published
    title
    COM(2018)0209
body
EC
type
Legislative proposal published
commission
  • DG
    Commissioner
    AVRAMOPOULOS Dimitris
committees/0
body
EP
responsible
False
committee_full
Environment, Public Health and Food Safety
committee
ENVI
committees/1
body
EP
responsible
False
committee_full
Internal Market and Consumer Protection
committee
IMCO
committees/2
body
EP
responsible
False
committee_full
Industry, Research and Energy
committee
ITRE
committees/3
body
EP
responsible
False
committee_full
Legal Affairs
committee
JURI
committees/4
body
EP
responsible
True
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
other/0
body
EC
dg
commissioner
AVRAMOPOULOS Dimitris
procedure/Mandatory consultation of other institutions
European Economic and Social Committee
procedure/legal_basis
  • Treaty on the Functioning of the EU TFEU 114
procedure/subject
  • 3.40.01 Chemical industry, fertilizers, plastics
  • 3.70.13 Dangerous substances, toxic and radioactive wastes (storage, transport)
  • 7.30.12 Control of personal weapons and ammunitions
procedure/Mandatory consultation of other institutions
European Economic and Social Committee
activities
  • date
    2018-04-17T00:00:00
    docs
    • url
      http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0209/COM_COM(2018)0209_EN.pdf
      title
      COM(2018)0209
      type
      Legislative proposal published
      celexid
      CELEX:52018PC0209:EN
    body
    EC
    type
    Legislative proposal published
    commission
    • DG
      Commissioner
      AVRAMOPOULOS Dimitris
committees
  • body
    EP
    responsible
    False
    committee_full
    Environment, Public Health and Food Safety
    committee
    ENVI
  • body
    EP
    responsible
    False
    committee_full
    Internal Market and Consumer Protection
    committee
    IMCO
  • body
    EP
    responsible
    False
    committee_full
    Industry, Research and Energy
    committee
    ITRE
  • body
    EP
    responsible
    False
    committee_full
    Legal Affairs
    committee
    JURI
  • body
    EP
    responsible
    True
    committee_full
    Civil Liberties, Justice and Home Affairs
    committee
    LIBE
links
other
  • body
    EC
    dg
    commissioner
    AVRAMOPOULOS Dimitris
procedure
reference
2018/0103(COD)
subtype
Legislation
legal_basis
  • Treaty on the Functioning of the EU TFEU 114
stage_reached
Preparatory phase in Parliament
summary
instrument
Regulation
title
Marketing and use of explosives precursors
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject