Legislation on chemicals used in Home Made Explosives

Explosives used by terrorists or criminals are often so-called ‘Home Made Explosives (HME)’, produced illegally in makeshift kitchen laboratories with easily available chemicals. These chemicals are called ‘explosives precursors’.  In many recent attacks in the EU, including those in Paris in 2015, Brussels in 2016, Manchester and Parsons Green in 2017 and Lyon in 2019, terrorists used such HME.

In order to prevent  terrorists and criminals getting their hands on these explosives precursors the EU  adopted Regulation (EU) 2019/1148 on the marketing and use of explosives precursors.

The Regulation has two main aims:

• to establish harmonised rules on the availability, introduction, possession and use of explosives precursors with a view to limiting  those chemicals to the general public
• to ensure  appropriate reporting of suspicious transactions throughout the supply chain.

The Standing Committee on Precursors (SCP), an expert group chaired by the Commission and composed of representatives of Member States and of industry associations, assists the Commission in its work to facilitate and harmonise the implementation of Regulation (EU) 2019/1148.

To monitor the outputs, results and impact of the Regulation, the Commission has on 16 June 2020 adopted a monitoring programme. This programme sets out how and with what intervals data and other necessary evidence are to be collected.

Guidance materials

The Commission has issued a Guidelines document, available in all EU languages, for Member State competent authorities and the private sector in the implementation of the Regulation (EU) 2019/1148.

In addition, guidance material for economic operators were prepared by four partner countries, through a project co-funded by the Prevention of and Fight against Crime (ISEC) programme of DG Migration and Home Affairs:

• A template leaflet and a template poster (PDF), available in various languages, provide further practical guidance on how to identify suspicious transactions and on what steps to undertake in case of suspicion. Please see the explanatory letter for more information on the application of these materials and the amendments document for updates to the templates.
• Advice on marketplace sales of explosives precursors and poisons for companies and individuals who sell reportable products via internet marketplaces to members of the public.

Implementation in the EU/EEA Member States of Regulation (EU) No 2019/1148

All EU/EEA Member States must adopt measures and designate authorities to implement and enforce EU legislation.

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The following documents are revised regularly on the basis of notifications received from Member States: