Forslag til europaparlaments- og rådsforordning om omsetning og bruk av stoffer og stoffblandinger som kan brukes til fremstilling av eksplosiv vare, om endring av vedlegg XVII til forordning (EF) nr. 1907/2006 og om oppheving av forordning (EU) 98/2013 om omsetning og bruk av stoffer og stoffblandinger som kan brukes til fremstilling av eksplosiv vare
Proposal for 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
Felles holdning (forhandlingsposisjon) vedtatt av Rådet 12.12.2018
BAKGRUNN (fra kommisjonsforslaget, engelsk utgave)
Reasons for and objectives of the proposal
Explosives precursors are chemical substances that can be used for legitimate purposes but also misused to manufacture explosives. With a view to prevent the illicit manufacture of explosives, Regulation (EU) No 98/2013 on the marketing and use of explosives precursors ("the Regulation") restricts the making available, introduction, possession and use of selected explosives precursors to the general public and sets up rules on the reporting of suspicious transactions.
Following the entry into force of the Regulation on 1 March 2013, the amount of explosives precursors available on the market for public consumption has decreased. Member States also reported an increase in the number of reported suspicious transactions, disappearances and thefts. However, 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. Attacks with homemade explosives have also been responsible for the vast majority of victims of such attacks in the last decades.
By setting restrictions and controls at Union level, the Regulation aims to create a level playing field for all companies concerned. However, the Regulation only achieved this partially, because it allows for different levels of restrictions across Member States. This does not ensure the greatest possible degree of uniformity for economic operators. Furthermore, it does not guarantee a sufficient level of protection of the safety of the general public. There are reports of criminals seeking to acquire explosives precursors in Member States with more lenient restrictions, or online, where the Regulation is not always applied.
The existing restrictions and controls have proven to be insufficient to prevent the illicit manufacture of homemade explosives. For instance, the requirement of registering transactions does not deter or prevent criminals from acquiring explosives precursors. Legal persons can also acquire explosives precursors for which they have no professional need. Since the entry into force of the Regulation, the threat has also changed. Terrorists are using new tactics and develop new recipes and bomb-making techniques, which are – at least in part – intended to circumvent existing restrictions and controls.
Furthermore, the Regulation lacks provisions that facilitate compliance and enforcement. This contributes to a number of systemic deficits along the supply chain: not all actors are aware of the obligations of the Regulation and not all economic operators conduct checks to ensure compliance. Inspections are also not systematically carried out in all Member States. Finally, the Regulation is not clear enough as regards several of the obligations it imposes, including those that seek to ensure transmission of information along the supply chain. This proposal for a Regulation aims to address the abovementioned problems by strengthening and clarifying the Regulation. In parallel, the Commission will continue its non-legislative work aimed at reducing the misuse of explosives precursors and removing obstacles to the free movement of such substances in the internal market, in particular through continuation of the work conducted in the Standing Committee on Precursors and the refinement and updating of guidelines, as mandated by the Regulation.
This initiative falls within the Regulatory Fitness Programme (REFIT). A REFIT platform opinion acknowledged the above-mentioned problems arising out of the divergent application of the Regulation and suggested exploring opportunities to ensure its unified application, in particular by establishing common conditions and criteria for licences as well as clarification of ambiguities regarding requirements on supply chain actors.
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Justis- og beredskapsdepartementet