Brussels, 04/09/2012 (Agence Europe) - On 3 September, members of the European Parliament civil liberties committee endorsed the draft law aimed at restricting the general public's access to chemicals that can be used in home-made explosives. According to the compromise text signed by the EP and Council and adopted unanimously in committee (to be submitted to plenary in November), consumers will have to obtain a licence to buy these products although a number of exemptions remain possible, a press release explains.
The main aim of the agreed rules is to put restrictions on the access of the general public (i.e. private users) to “high-risk chemicals in concentrations that make them easy to use for making home-made explosives”. The sale of products containing chemical substances, set out in Annex I of the regulation, will be banned if those substances exceed a certain level of concentration. Most consumers may use substitute products already widely available. The sale of such chemical products in higher concentrations is banned except to those users who can certify that they have a legitimate need for the product, and MEPs have ensured that those consumers will be able to obtain a licence for the purchase of such chemicals.
The text negotiated also stipulates that consumers will not need a licence to buy, in certain concentrations, three chemicals commonly used as swimming pool cleaners or fertilisers - hydrogen peroxide, nitric acid and nitro-methane. Sellers, however, will be required to register all sales of them. Some countries, such as Germany, the EP press release goes on to say, which already register sales but do not require consumers to have a licence to purchase high-risk chemicals, will be able to keep their own systems. In three years, the Commission will report on whether these rules should be strengthened or harmonised further.
The text also aims to strengthen the identification of transactions considered suspect. “Some products containing chemicals of concern for which concentration thresholds cannot be set will continue to be sold without any restrictions to consumers, but their sales will be better controlled as wholesalers and retailers will be obliged to report any 'suspicious transactions'”, the press release reads. This kind of “suspicious transaction” will be defined as “any purchase where there are reasonable grounds for suspecting that the substance or mixture is intended for the production of home-made explosives”, for example if a consumer were to buy a suspiciously large quantity for normal home use. (SP/transl.jl)