Explosive intruder

Ivo Erens - 9 February 2021 -

Tunnel vision, BREXIT, UFI/PCN and the new SDS; our heads were completely wrapped up in all of that when, on 1 February 2021, a real “sneak” came into force. Regulation 2019/1148 on explosive precursors slipped through almost silently. The successor of Regulation 98/2013, however, is anything but quiet in its execution, requirements and implications. The consequences can be explosive…

Stricter rules for everyday products

Knowing that many of the recent (terrorism) attacks were carried out with explosives made from the (misuse of) certain chemicals, tightening the existing requirements for the sale of these products is a good step to protect citizens. That said, it also means that sellers of such chemicals must once again take additional actions in order to be allowed to sell them at all. For many this may feel far away, but the sale of everyday products such as fertilizer and battery acid must now comply with stricter requirements.

License requirement for purchasing battery acid (sulfuric acid)

When selling substances listed in List 1 (including battery acid/sulfuric acid), the seller must check the identity of the buyer (ID check). And, in case of a licensing requirement, also check for a valid license. For sulfuric acid, at a concentration above 15%, a license is mandatory. This makes the sale of sulfuric acid to consumers very complicated. The consumer will first have to apply for a license from the Human Environment and Transport Inspectorate (ILenT).

Sales of List 1 products to professional users require both a check of the buyer and their intended use, as well as an obligation to store this data for at least 18 months.

Reporting obligation for suspicious circumstances

For both List 1 and List 2 substances, there is a reporting obligation for suspicious transactions, losses, or thefts. The report must be filed within 24 hours. In the Netherlands, this is done with the Reporting Point for Suspicious Chemical Transactions: 088 154 00 00. Other member states also have similar reporting points.

What else must you report?

In the Netherlands you are also required to report suspicious transactions, losses, or thefts of the following chemicals:

  • Fine metal powders
  • Other chlorate, perchlorate and nitrate salts
  • Permanganate salts
  • Products with the following pictogram: SKULL & CROSSBONES

That last request from the National Coordinator for Security and Counterterrorism (NCTV) is a “nice-to-know.” If you are not familiar with explosive precursors, you would never realize that the above chemicals also fall under mandatory reporting. Now you know...

Inform everyone in your supply chain. online too!

Finally, there is also an information obligation in the supply chain for sellers of explosive precursors. Providing information about the rules and obligations that come with these products is mandatory for everyone in the chain, except for the end consumer..

Online sales become almost impossible!

The obligations, buyer information, and verification also apply to online sales. Webshops will need to arrange something for this. But how do you verify a consumer’s identity and license online? Perhaps the easiest solution is this: stop selling online altogether…?

Explosive swimming pool?

The legislation may have slipped in quietly, but it is no less important. A large group of sellers of specific products such as wet batteries, battery acid, fertilizers and swimming pool chemicals will need to organize this in a structured way. In addition, many buyers of these chemicals will also need to prepare themselves well.

Do you own a swimming pool with an inline acid regulator? Then you had better start applying for a license, otherwise swimming this summer might be a little less relaxing...

Ivo