
Article 1 
This 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 their availability to the general public, and ensuring the appropriate reporting of suspicious transactions throughout the supply chain.
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Article 2 

1. This Regulation applies—
(a) in relation to the substances listed in Part 1 (regulated explosives precursors) and Part 3 (reportable explosives precursors) of Schedule 1A to the Poisons Act 1972 , and to mixtures and substances containing them.
(1A. any reference in this Regulation to—
(a) “the Annexes” is to be read as a reference to Parts 1 and 3 of Schedule 1A to the Poisons Act 1972;
(b) “Annex I” is to be read as a reference to Part 1 of Schedule 1A to that Act;
(c) “Annex II” is to be read as a reference to Part 3 of Schedule 1A to that Act.
2. This Regulation does not apply to:
(a) articles as defined in Article 3(3) of Regulation (EC) No 1907/2006;
(b) pyrotechnic articles as defined in Article 2(1) of Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles, pyrotechnic articles intended for non-commercial use, in accordance with national law, by the armed forces, the law enforcement authorities or the fire department, pyrotechnic equipment falling within the scope of Council Directive 96/98/EC of 20 December 1996 on marine equipment, pyrotechnic articles intended for use in the aerospace industry, or percussion caps intended for toys;
(c) medicinal products legitimately made available to a member of the general public on the basis of a medical prescription in accordance with the applicable national law.
Article 3 
For the purposes of this Regulation the following definitions shall apply:

((1)) ‘substance’ means a substance within the meaning of point (1) of Article 3 of Regulation (EC) No 1907/2006;
((2)) ‘mixture’ means a mixture within the meaning of point (2) of Article 3 of Regulation (EC) No 1907/2006;
((3)) ‘article’ means an article within the meaning of point (3) of Article 3 of Regulation (EC) No 1907/2006;
((4)) ‘making available’ means any supply, whether in return for payment or free of charge;
((5)) ‘introduction’ means the act of bringing a substance into the territory of the United Kingdom;
((6)) ‘use’ means any processing, formulation, storage, treatment or mixing, including in the production of an article, or any other utilisation;
((7)) ‘member of the general public’ means any natural person who is acting for purposes not connected with his trade, business or profession;
((8)) ‘suspicious transaction’ means any transaction concerning the substances listed in the Annexes, or mixtures or substances containing them, including transactions involving professional users, where there are reasonable grounds for suspecting that the substance or mixture is intended for the illicit manufacture of explosives;
((9)) ‘economic operator’ means any natural or legal person or public entity or group of such persons and/or bodies which delivers products or services on the market;
((10)) ‘restricted explosives precursor’ means a substance listed in Annex I, in a concentration higher than the corresponding limit value set out therein and includes a mixture or another substance in which such a listed substance is present in a concentration higher than the corresponding limit value.
Article 4 

1. Restricted explosives precursors shall not be made available to, or introduced, possessed or used by, members of the general public.
2. Notwithstanding paragraph 1, the Secretary of State may maintain or establish a licensing regime allowing restricted explosives precursors to be made available to, or to be possessed or used by, members of the general public, provided that the member of the general public obtains, and, if requested, presents a licence for acquiring, possessing or using them, issued in accordance with Article 7 by the Secretary of State where that restricted explosives precursor is going to be acquired, possessed or used.
3. Notwithstanding paragraphs 1 and 2, the Secretary of State may maintain or establish a registration regime allowing the following restricted explosives precursors to be made available to, or to be possessed or used by, members of the general public if the economic operator who makes them available registers each transaction in accordance with the detailed arrangements laid down in Article 8:
(a) hydrogen peroxide (CAS RN 7722-84-1) in concentrations higher than the limit value set out in Annex I, but no higher than 35 % w/w;
(b) nitromethane (CAS RN 75-52-5) in concentrations higher than the limit value set out in Annex I, but no higher than 40 % w/w;
(c) nitric acid (CAS RN 7697-37-2) in concentrations higher than the limit value set out in Annex I, but no higher than 10 % w/w.
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6. Where a member of the general public intends to introduce a restricted explosives precursor into the territory of the United Kingdom, that person shall obtain and, if requested present to the Secretary of State, a licence issued in accordance with rules laid down in Article 7.
7. An economic operator who makes available a restricted explosives precursor to a member of the general public in accordance with paragraph 2 shall for each transaction require the presentation of a licence or, if it is made available in accordance with paragraph 3, keep a record of the transaction, in compliance with the regime established by the Secretary of State.
Article 5 
An economic operator who intends to make available restricted explosives precursors to a member of the general public, shall ensure, either by affixing an appropriate label or by verifying that an appropriate label is affixed, that the packaging clearly indicates that the acquisition, possession or use of that restricted explosives precursor by members of the general public is subject to a restriction as set out in Article 4(1), (2) and (3).
Article 6 
Unless otherwise provided for in this Regulation the Secretary of State shall not, on grounds related to the prevention of the illicit manufacture of explosives, prohibit, restrict or impede the making available of:

((a)) the substances listed in Annex I in concentrations not higher than the limit values laid down therein; or
((b)) the substances listed in Annex II.
Article 7 

1. The Secretary of State shall lay down rules for granting the licence provided for in Article 4(2) and (6). When considering whether to grant a licence, the Secretary of State shall take into account all relevant circumstances and, in particular, the legitimacy of the intended use of the substance. The licence shall be refused if there are reasonable grounds for doubting the legitimacy of the intended use or the intentions of the user to use it for a legitimate purpose.
2. The Secretary of State may choose how to limit the validity of the licence, through permitting single or multiple use for a period not exceeding three years. The Secretary of State may oblige the license holder to demonstrate, until the designated expiry of the licence, that the conditions under which the licence was granted are still fulfilled. The licence shall mention the restricted explosives precursors in respect of which it is issued.
3. The Secretary of State may require applicants to pay a licence application fee. Such a fee shall not exceed the cost of processing the application.
4. The licence may be suspended or revoked by the Secretary of State where there are reasonable grounds for believing that the conditions under which the licence was granted are no longer fulfilled.
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6. Licences granted by the competent authorities of a Member State or of any other country may be recognised in the United Kingdom.
Article 8 

1. For the purposes of registration pursuant to Article 4(3), members of the general public shall identify themselves by means of an official identification document.
2. The register shall comprise at least the following information:
(a) the name, address and, where applicable, either the identification number of the member of the general public or the type and number of their official identification document;
(b) the name of the substance or mixture, including its concentration;
(c) the amount of the substance or mixture;
(d) the intended use of the substance or mixture as declared by the member of the general public;
(e) the date and place of the transaction;
(f) the signature of the member of the general public.
3. The register shall be kept for five years from the date of the transaction. During that period, the register shall be made available for inspection at the request of the Secretary of State.
4. The register shall be kept on paper or on another durable medium and shall be available for inspection at any time during the entire period provided for in paragraph 3. Any data stored electronically shall:
(a) match the format and content of the corresponding paper documents; and
(b) be readily available at any time during the entire period provided for in paragraph 3.
Article 9 

1. Suspicious transactions involving the substances listed in the Annexes, or involving mixtures or substances containing them, shall be reported in accordance with this Article.
2. The Secretary of State shall set up one or more ... contact points with a clearly identified telephone number and e-mail address for the reporting of suspicious transactions.
3. Economic operators may reserve the right to refuse the suspicious transaction and shall report the transaction or attempted transaction without undue delay, including if possible the identity of the customer, to a contact point established under Article 9(2) in the event that they have reasonable grounds for believing that a proposed transaction involving one or more substances listed in the Annexes, or involving mixtures or substances containing them, is a suspicious transaction, having regard to all the circumstances and in particular where the prospective customer:
(a) appears unclear about the intended use of the substance or mixture;
(b) appears unfamiliar with the intended use of the substance or mixture or cannot plausibly explain it;
(c) intends to buy substances in quantities, combinations or concentrations uncommon for private use;
(d) is unwilling to provide proof of identity or place of residence; or
(e) insists on using unusual methods of payment, including large amounts of cash.
4. Economic operators shall also report significant disappearances and thefts of the substances listed in the Annexes and of mixtures or substances containing them to a contact point established under Article 9(2) where the disappearance or theft has taken place.
5. The Secretary of State shall draw up guidelines to assist the chemical supply chain. The guidelines shall, in particular, provide:
(a) information on how to recognise and report suspicious transactions, in particular as concerns the concentrations and/or quantities of substances listed in Annex II below which no action is normally needed;
(b) information on how to recognise and report significant disappearances and thefts;
(c) other information which may be deemed useful.The Secretary of State shall update the guidelines regularly.
6. The Secretary of State shall ensure that the guidelines provided for in paragraph 5 are regularly disseminated in a manner deemed appropriate by the Secretary of State in accordance with the objectives of the guidelines.
Article 10 
The Secretary of State shall ensure that the processing of personal data carried out in application of this Regulation is in accordance with Directive 95/46/EC. In particular, the Secretary of State shall ensure that the processing of personal data required in respect of licensing pursuant to Article 4(2) and (6) and Article 7 of this Regulation or for the registration of transactions pursuant to Article 4(3) and Article 8 of this Regulation, and the reporting of suspicious transactions pursuant to Article 9 of this Regulation, comply with Directive 95/46/EC.
Article 11 
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Article 12 
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Article 13 
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Article 14 
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Article 15 
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Article 16 
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Article 17 
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Article 18 
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Article 19 
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 2 September 2014.
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ANNEX I

Substances which shall not be made available to members of the general public on their own, or in mixtures or substances including them, except if the concentration is equal to or lower than the limit values set out below

Name of the substance and Chemical Abstracts Service Registry number(CAS RN) Limit value Combined Nomenclature (CN) code for a separate chemically defined compound meeting the requirements of Note 1 to Chapter 28 or 29 of the CN, respectively Combined Nomenclature (CN) code for a mixture without constituents (e.g. mercury, precious or rare-earth metals or radioactive substances) which would determine classification under another CN code
Hydrogen peroxide(CAS RN 7722-84-1) 12 % w/w 2847 00 00 3824 90 97
Nitromethane(CAS RN 75-52-5) 30 % w/w 2904 20 00 3824 90 97
Nitric acid(CAS RN 7697-37-2) 3 % w/w 2808 00 00 3824 90 97
Potassium chlorate(CAS RN 3811-04-9) 40 % w/w 2829 19 00 3824 90 97
Potassium perchlorate(CAS RN 7778-74-7) 40 % w/w 2829 90 10 3824 90 97
Sodium chlorate(CAS RN 7775-09-9) 40 % w/w 2829 11 00 3824 90 97
Sodium perchlorate(CAS RN 7601-89-0) 40 % w/w 2829 90 10 3824 90 97

ANNEX II

Substances on their own or in mixtures or in substances for which suspicious transactions shall be reported

Name of the substance and Chemical Abstracts Service Registry number(CAS RN) Combined Nomenclature (CN) code Combined Nomenclature (CN) code for mixtures without constituents (e.g. mercury, precious or rare-earth metals or radioactive substances) which would determine classification under another CN code
Hexamine(CAS RN 100-97-0) 2921 29 00 3824 90 97
Sulphuric acid(CAS RN 7664-93-9) 2807 00 10 3824 90 97
Acetone(CAS RN 67-64-1) 2914 11 00 3824 90 97
Potassium nitrate(CAS RN 7757-79-1) 2834 21 00 3824 90 97
Sodium nitrate(CAS RN 7631-99-4) 3102 50 10 (natural) 3824 90 97
3102 50 90 (other than natural) 3824 90 97
Calcium nitrate(CAS RN 10124-37-5) 2834 29 80 3824 90 97
Calcium ammonium nitrate(CAS RN 15245-12-2) 3102 60 00 3824 90 97
Ammonium nitrate(CAS RN 6484-52-2) [in concentration of 16 % by weight of nitrogen in relation to ammonium nitrate or higher] 3102 30 10 (in aqueous solution) 3824 90 97
3102 30 90 (other)
Magnesium, powders(CAS RN 7439-95-4) ex 8104 30 00 
Magnesium nitrate hexahydrate (CAS RN 13446-18-9) 2834 29 80 3824 90 96
Aluminium, powders(CAS RN 7429-90-5) ex 7603 10 00ex 7603 20 00 


