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REPORT     ***I
PDF 635kWORD 98k
18 December 2018
PE 627.056v02-00 A8-0473/2018

on the proposal for a 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

(COM(2018)0209 – C8-0151/2018 – 2018/0103(COD))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Andrejs Mamikins

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a 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

(COM(2018)0209 – C8-0151/2018 – 2018/0103(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0209),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0151/2018),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 11 July 2018(1),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0473/2018),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6)  Members of the general public should not be able to acquire, introduce, possess or use those explosives precursors at concentrations at or above certain limit values. However, it is appropriate to provide for members of the general public to be able to acquire, introduce, possess or use some explosives precursors above that concentration limit for legitimate purposes, only if they hold a licence to do so.

(6)  Members of the general public should not be permitted to acquire, introduce, possess or use those explosives precursors at concentrations at or above certain limit values. However, members of the general public should be permitted to acquire, introduce, possess or use some explosives precursors above that concentration limit for legitimate purposes, only if they hold a licence to do so.

Amendment    2

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)  Licences may only be provided for substances in concentrations not exceeding the upper limit set by this Regulation. Above that upper limit, the risk in relation to the illicit manufacture of explosives outweighs the negligible legitimate use by the general public of these explosives precursors, for whom alternatives or lower concentrations can achieve the same effect. This Regulation should also determine which circumstances the competent authorities, should as a minimum, take into account when considering whether to grant a licence. This should, together with the form annexed to this Regulation, facilitate the recognition of licenses in other Member States that apply licensing regime.

(7)  Licences may only be provided for substances in concentrations not exceeding the upper limit set by this Regulation. Above that upper limit, the risk in relation to the illicit manufacture of explosives outweighs the negligible legitimate use by the general public of these explosives precursors, for whom alternatives or lower concentrations can achieve the same effect. This Regulation should also provide the authorities with an exhaustive set of objective criteria to be taken into account when considering whether to grant a licence. This should, together with the form annexed to this Regulation, facilitate the recognition of licenses in other Member States that apply licensing regime.

Amendment    3

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)  In order to apply the restrictions and controls of this Regulation, those economic operators selling to professional users or members of the general public with a licence should rely on information made available upstream in the supply chain. Each economic operator in the supply chain should therefore inform the recipient of that restricted explosives precursor that the making available, introduction, possession or use of that restricted explosives precursor by members of the general public is subject to a restriction as set out in this Regulation, for instance by affixing an appropriate label or by verifying that an appropriate label is affixed or by including this information in the safety data sheet compiled in accordance with Annex II to Regulation (EC) No 1907/2006 of European Parliament and of the Council32 .

(8)  In order to apply the restrictions and controls of this Regulation, those economic operators selling to professional users or members of the general public with a licence should rely on information made available upstream in the supply chain. Each economic operator in the supply chain should therefore inform the recipient of that restricted explosives precursor that the making available, introduction, possession or use of that restricted explosives precursor by members of the general public is subject to a restriction as set out in this Regulation, for instance by affixing an appropriate label or by verifying that an appropriate label is affixed and by including this information in the safety data sheet compiled in accordance with Annex II to Regulation (EC) No 1907/2006 of European Parliament and of the Council32 .

_________________

_________________

32 Regulation (EC) No 1907/2006 of European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 396, 30.12.2006, p.1).

32 Regulation (EC) No 1907/2006 of European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (OJ L 396, 30.12.2006, p.1).

Amendment    4

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)  The distinction between a professional user, to which restricted explosives precursors can be made available and a member of the general public, to which they cannot, depends on whether the person intends to use that explosives precursor for purposes connected to their specific trade, craft or profession. Economic operators should therefore not make available a restricted explosives precursor to a natural or legal person that is professionally active in an area where that specific restricted explosives precursor does not tend to be used for professional purposes.

(10)  The distinction between a professional user, to which restricted explosives precursors can be made available and a member of the general public, to which they cannot, depends on whether the person intends to use that explosives precursor for purposes connected to their specific trade, craft or farming or professional activities. Economic operators should therefore not make available a restricted explosives precursor to a natural or legal person that is professionally active in an area where that specific restricted explosives precursor does not tend to be used for professional purposes.

Amendment    5

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)  Insofar as online marketplaces act as mere intermediaries between economic operators on the one hand, and members of the general public, professional users or farmers on the other hand, they should not be required to instruct their personnel involved in the sale of restricted explosives precursors or verify the identity and, where appropriate, the licence of the prospective customer or request other information from the prospective customer. However, given the central role which online marketplaces that act as an intermediary play in online economic transactions, including as regards the sales of restricted explosives precursors, it is appropriate that they should inform, in a clear and effective manner, users who aim to make available restricted explosives precursors through the use of their services of the obligations under this Regulation. In addition, it is appropriate that online marketplaces that act as an intermediary take measures to help ensure that their users comply with their obligations regarding verification, for instance by offering tools to faciliate verification of licences. All such obligations on online marketplaces that act as an intermediary under this Regulation should be without prejudice to Articles 14 and 15 of Directive 2000/31/EC of the European Parliament and of the Council34 .

(12)  Insofar as online marketplaces act as mere intermediaries between economic operators on the one hand, and members of the general public and professional users on the other hand, they should not be required to instruct their personnel involved in the sale of restricted explosives precursors or verify the identity and, where appropriate, the licence of the prospective customer or request other information from the prospective customer. However, given the central role which online marketplaces that act as an intermediary play in online economic transactions, including as regards the sales of regulated explosives precursors, it is appropriate that they inform, in a clear and effective manner, users who aim to make available regulated explosives precursors of their obligations through the use of their services of the obligations under this Regulation. They should also take measures to help ensure that their users comply with their obligations regarding verification, for instance by offering tools to facilitate verification of licences. In addition, they should be subject to the same detection and reporting obligations as economic operators with respect to suspicious transactions.

__________________

 

34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic commerce') (OJ L 178, 17.07.2000, p. 1).

 

Amendment    6

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14)  The choice of substances used by criminals for the illicit manufacture of explosives can change rapidly. It should therefore be possible to bring additional substances under the regime provided by this Regulation, where necessary as a matter of urgency. In order to accommodate developments in the misuse of substances as explosives precursors the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to list additional substances that are not to be made available to the general public, to amend the concentration limit values above which certain substances restricted under this Regulation are not to be made available to the general public, and to list additional substances in respect of which suspicious transactions are to be reported. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201635 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(14)  The choice of substances used by criminals for the illicit manufacture of explosives can change rapidly. It is therefore essential that it be possible to bring additional substances under the regime provided by this Regulation, where necessary as a matter of urgency. In order to accommodate developments in the misuse of substances as explosives precursors the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to list additional substances that are not to be made available to the general public, to amend the concentration limit values above which certain substances restricted under this Regulation are not to be made available to the general public, and to list additional substances in respect of which suspicious transactions are to be reported. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201635 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

_________________

_________________

35 JO L 123, 12.5. 2016, p. 1.

35 JO L 123, 12.5. 2016, p. 1.

Amendment    7

Proposal for a regulation

Article 3 – paragraph 1 – point 6

Text proposed by the Commission

Amendment

(6)  ‘use’ means any processing, formulation, storage, treatment or mixing, including in the production of an article, or any other utilisation;

(6)  ‘use’ means any processing, formulation, consumption, storage, keeping, treatment, filling into containers, transfer from one container to another, mixing, production of an article or any other utilisation;

Amendment    8

Proposal for a regulation

Article 3 – paragraph 1 – point 6 a (new)

Text proposed by the Commission

Amendment

 

(6a)  ‘suspicious transaction’ means any transaction for which there are reasonable grounds, after taking account of all relevant factors, to suspect that the substance or mixture is intended for the illicit manufacture of explosives;

Amendment    9

Proposal for a regulation

Article 3 – paragraph 1 – point 7

Text proposed by the Commission

Amendment

(7)  ‘member of the general public’ means any natural or legal person who has a need for a restricted explosives precursor for purposes that are not connected with their trade, business, craft or profession;

(7)  ‘member of the general public’ means any natural or legal person who has a need for a restricted explosives precursor for purposes that are not connected with their trade, business, craft or farming or professional activities;

Justification

This amendment seeks to clarify that farmers are not members of the general public under this Regulation.

Amendment    10

Proposal for a regulation

Article 3 – paragraph 1 – point 8

Text proposed by the Commission

Amendment

(8)  'professional user' means any natural or legal person who has a demonstrable need for a restricted explosives precursor for purposes connected with their trade, business, craft or profession which exclude making that restricted explosives precursor available to another person.

(8)  'professional user' means any natural or legal person who has a demonstrable need for a restricted explosives precursor for purposes connected with their trade, business, craft or farming or professional activities which exclude making that restricted explosives precursor available to a member of the general public;

Amendment    11

Proposal for a regulation

Article 3 – paragraph 1 – point 9

Text proposed by the Commission

Amendment

(9)  ‘economic operator’ means any natural or legal person or public entity or group of such persons and/or bodies which delivers regulated explosives precursors or services related to regulated explosives precursors, on the market, either off- or online and including online marketplaces;

(9)  ‘economic operator’ means any natural or legal person or public entity or group of such persons and/or bodies which makes available regulated explosives precursors or services related to regulated explosives precursors, on the market, either off- or online and including online marketplaces.

Amendment    12

Proposal for a regulation

Article 5 – paragraph 2

Text proposed by the Commission

Amendment

2.  Paragraph 1 shall not apply to ammonium nitrate (CAS RN 6484-52-2) that is made available to, or introduced, possessed or used by farmers for agricultural activity, either full time or part time and not necessarily related to the size of the land area.

deleted

Justification

This amendment seeks to clarify that farmers are not members of the general public under this Regulation.

Amendment    13

Proposal for a regulation

Article 6 – paragraph 5

Text proposed by the Commission

Amendment

5.  The competent authority may suspend or revoke the licence where there are reasonable grounds for believing that the conditions under which the licence was granted are no longer fulfilled.

5.  The competent authority may suspend or revoke the licence where there are reasonable grounds for believing that the conditions under which the licence was granted are no longer fulfilled. The competent authority shall inform licence holders of any suspension or revocation of their licences in due time.

Amendment    14

Proposal for a regulation

Article 6 – paragraph 7 a (new)

Text proposed by the Commission

Amendment

 

7a.  Mutual recognition of the licences issued by other Member States shall be done bilaterally by means of agreements among the competent authorities.

Amendment    15

Proposal for a regulation

Article 6 – paragraph 9

Text proposed by the Commission

Amendment

9.  Licences issued by a Member State in accordance with Article 7 of Regulation (EC) No 98/2013 which are still valid on [the day of entry into application of this Regulation] shall lose their validity on that date. Each Member State may decide, upon request of the licence holder, to confirm, renew or prolong such licences issued in that Member State if the restricted explosives precursors can be subject to a license in accordance with the limit values set out in column 3 of Annex I and if the competent authority considers that the requirements for granting the licence as referred to in paragraph 1 are met. Such confirmation, renewal or prolongation should respect the time limit set in paragraph 3 of this Article.

9.  Licences issued by a Member State in accordance with Article 7 of Regulation (EC) No 98/2013 which are still valid on [the day of entry into application of this Regulation] shall lose their validity on that date. By ... [6 months after the date of entry into force of this Regulation], the competent authorities shall notify licence holders of the date on which their licences will cease to be valid. Each Member State may decide, upon request of the licence holder, to confirm, renew or prolong such licences issued in that Member State if the restricted explosives precursors can be subject to a license in accordance with the limit values set out in column 3 of Annex I and if the competent authority considers that the requirements for granting the licence as referred to in paragraph 1 are met. Such confirmation, renewal or prolongation should respect the time limit set in paragraph 3 of this Article.

Amendment    16

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the Commission

Amendment

1.  An economic operator who makes available a restricted explosives precursor to another economic operator shall inform that economic operator 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 5(1) and (3).

1.  An economic operator who makes available a restricted explosives precursor to another economic operator shall inform that economic operator 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 5(1) and (3) and to the reporting obligations set out in Article 9.

Amendment    17

Proposal for a regulation

Article 7 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  An economic operator who makes available regulated explosives precursors to a professional user or to a member of the general public in accordance with Article 5(3) shall ensure and be able to demonstrate to the competent authorities referred to in Article 11 that their personnel involved in the sale of regulated explosives precursors is:

2.  An economic operator who makes available regulated explosives precursors to a professional user or to a member of the general public shall ensure and be able to demonstrate to the competent authorities referred to in Article 11 that their personnel involved in the sale of regulated explosives precursors is:

Amendment    18

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the Commission

Amendment

3.  An online marketplace that acts as an intermediary shall take measures to ensure that its users, when making available restricted explosives precursors through its services, are informed of their obligations pursuant to this Regulation.

3.  An online marketplace that acts as an intermediary shall take measures to ensure that its users, when making available regulated explosives precursors through its services, are informed of their obligations pursuant to this Regulation.

Amendment    19

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

 

3a.  Any personal use of the regulated explosives precursors by economic operators or their staff shall be prohibited.

Amendment    20

Proposal for a regulation

Article 8 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2.  For the purpose of verifying that a prospective customer is a professional user or a farmer, an economic operator who makes available a restricted explosives precursor to a professional user or a farmer shall for each transaction request the following:

2.  For the purpose of verifying that a new customer is a professional user or an economic operator, an economic operator who makes available a restricted explosives precursor to a professional user or another economic operator shall for each transaction request the following:

Amendment    21

Proposal for a regulation

Article 8 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a)  the trade, business, craft or profession of the prospective customer;

(a)  the trade, business, craft or profession together with the company name and address of the new customer;

Amendment    22

Proposal for a regulation

Article 8 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  For the purpose of verifying the intended use of the restricted explosives precursor, the economic operator shall assess whether the intended use is consistent with the trade, business, craft or profession of the prospective customer. The transaction may be refused if there are reasonable grounds for doubting the customer’s stated intended use of the restricted explosives precursor. The economic operator shall report the suspicious or attempted transaction in accordance with Article 9 of this Regulation.

Justification

The proposed paragraph 2 of Article 8 merely requests information from the prospective customer and provides subjective criteria to verify the intended use. From a security perspective this creates a loophole. Following up on the information provided and assessing the intended use is necessary. Paragraph 2a gives an operative and a more objective dimension to the information requested under paragraph 2, and it would meet the need to strengthen the system of controls, without overburdening the parties concerned. Paragraph 2a regards information, which already has to be provided.

Amendment    23

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the Commission

Amendment

3.  For the purpose of verifying compliance with this Regulation and detecting and preventing the illicit manufacture of explosives, economic operators shall retain the data referred to in paragraph 2, together with the name and address of the customer, for one year from the date of transaction. During that period, the data shall be made available for inspection at the request of the competent inspection authorities or law enforcement authorities.

3.  For the purpose of verifying compliance with this Regulation and detecting and preventing the illicit manufacture of explosives, economic operators shall retain the data referred to in paragraph 2 and the name and address of the customer for one year from the date of transaction. During that period, the data shall be made available for inspection at the request of the competent inspection authorities or law enforcement authorities.

Amendment    24

Proposal for a regulation

Article 9 – paragraph -1 (new)

Text proposed by the Commission

Amendment

 

-1. The reporting obligations set out in this Article shall cover the products that contain regulated explosives precursors which fulfil all of the following criteria:

 

(a) the precursor is listed as an ingredient on the label or in the safety datasheet;

 

(b) the precursor concentration is greater than 1% (or 3% N by weight for nitrogenous fertilisers);

 

(c) the extraction of the precursor is possible without complication.

Amendment    25

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 1

Text proposed by the Commission

Amendment

For the purpose of detecting and preventing the illicit manufacture of explosives, economic operators shall report transactions concerning regulated explosives precursors, 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.

For the purpose of detecting and preventing the illicit manufacture of explosives, economic operators and online marketplaces that act as an intermediary shall report transactions concerning regulated explosives precursors, 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.

Amendment    26

Proposal for a regulation

Article 9 – paragraph 1 – subparagraph 2 – introductory part

Text proposed by the Commission

Amendment

Economic operators shall report such suspicious transactions after having regard to all the circumstances and in particular where the prospective customer displays one or more of the following:

Economic operators and online marketplaces acting as an intermediary shall report such suspicious transactions after having regard to all the circumstances and in particular where the prospective customer displays one or more of the following:

Amendment    27

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the Commission

Amendment

2.  Economic operators, other than online marketplaces that act as an intermediary, shall have in place procedures to detect suspicious transactions, targeted to the environment in which the regulated explosives precursors are offered.

2.  Economic operators and online marketplaces that act as an intermediary shall have procedures in place to detect suspicious transactions, targeted to the environment in which the regulated explosives precursors are offered.

Amendment    28

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission

Amendment

3.  Economic operators may refuse the suspicious transaction and shall report the suspicious transaction or attempted transaction within 24 hours, including if possible the identity of the customer, to the national contact point of the Member State where the suspicious transaction was concluded or attempted.

3.  Economic operators and online marketplaces that act as an intermediary may refuse the suspicious transaction. They shall report the suspicious transaction or attempted transaction within 24 hours, including, if possible, the identity of the customer and all the relevant details which have led them to consider a transaction suspicious, to the national contact point of the Member State where the suspicious transaction was concluded or attempted. Should an economic operator or online marketplace that acts as an intermediary be unable to report within 24 hours, it shall report without undue delay.

Amendment    29

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission

Amendment

4.  Each Member State shall set up one or more national contact points with a clearly identified telephone number and e-mail address for the reporting of suspicious transactions. The national contact points shall be available on a 24/7 basis.

4.  Each Member State shall set up one or more national contact points with a clearly identified telephone number and e-mail address, web form or any other effective tool for the reporting of suspicious transactions. The national contact points shall be available on a 24/7 basis.

Amendment    30

Proposal for a regulation

Article 10 – paragraph 1

Text proposed by the Commission

Amendment

1.  Member States shall provide training for law enforcement, first responders and customs authorities to recognise regulated explosives precursors substances and mixtures during the course of their duties and to react in a timely and appropriate manner to suspicious activity.

1.  Member States shall provide training for law enforcement, first responders and customs authorities to recognise regulated explosives precursors substances and mixtures during the course of their duties and to react in a timely and appropriate manner to suspicious activity. Member States may request additional specific trainings from the European Union Agency for Law Enforcement Training (CEPOL).

Amendment    31

Proposal for a regulation

Article 10 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  With a view to facilitating cooperation and ensuring that all stakeholders effectively implement this Regulation, Member States shall organise regular exchanges between law enforcement agencies, national supervisory authorities, economic operators, online market places that act as an intermediary and representatives of the professional sectors that use regulated explosives precursors. Economic operators shall be responsible for providing information to their staff on the manner in which explosives precursors are to be made available under this Regulation and for raising staff awareness in this regard.

Amendment    32

Proposal for a regulation

Article 12 – paragraph 1 – point d a (new)

Text proposed by the Commission

Amendment

 

(da)  information on how to recognise and report suspicious transactions;

Amendment    33

Proposal for a regulation

Article 12 – paragraph 1 – point d b (new)

Text proposed by the Commission

Amendment

 

(db)  information on storage arrangements which ensure that a regulated explosives precursor is safely stored;

Amendment    34

Proposal for a regulation

Article 12 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

 

2a.  The Commission shall ensure that the guidelines provided for in paragraph 1 are in all official languages of the Union.

Amendment    35

Proposal for a regulation

Article 14 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

 

4a.  The national contact point of the Member State restricting or prohibiting substances in accordance with paragraph 1, 2 or 3 shall inform economic operators and online marketplaces that act as intermediary in the territory of that Member State of such restrictions or prohibitions.

Amendment    36

Proposal for a regulation

Article 14 – paragraph 6

Text proposed by the Commission

Amendment

6.  Without prejudice to paragraph 5, the Commission may, after consulting the Member State and, if appropriate, third parties, decide that the measure taken by the Member State is not justified and request the Member State to withdraw it.

6.  Without prejudice to paragraph 5, the Commission may, after consulting the Member State and, if appropriate, third parties, decide that the measure taken by the Member State is not justified and request the Member State to withdraw it. The national contact point of the Member State concerned shall inform economic operators and online marketplaces that act as an intermediary in the territory of that Member State of the decision.

Amendment    37

Proposal for a regulation

Article 22 – paragraph 1

Text proposed by the Commission

Amendment

No sooner than [six years after the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines.

By ... [four years after entry into force of this Regulation], the Commission shall carry out an evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines.

Amendment    38

Proposal for a regulation

Annex I – paragraph 1

Text proposed by the Commission

Amendment

Substances which shall not be made available to, or introduced, possessed or used by, 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 in column 2.

Substances which shall not be made available to, or introduced, possessed or used by, 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 in column 2, and for which suspicious transactions are to be reported within 24 hours.

4

Amendment    39

Proposal for a regulation

Annex II – paragraph 1

Text proposed by the Commission

Amendment

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

Substances on their own or in mixtures for which suspicious transactions are to be reported within 24 hours.

Amendment    40

Proposal for a regulation

Annex III – table – point 5 a (new)

Text proposed by the Commission

Amendment

 

5a. Indicate whether the precursor(s) are intended to be introduced or used (or both) in a Member State different from that issuing this licence or outside of the European Economic Area

 

( ) Yes

 

( ) No

 

Address:

 

Timeframe for the introduction or use (or both) of precursor(s):

Amendment    41

Proposal for a regulation

Annex III – table – point 5 b (new)

Text proposed by the Commission

Amendment

 

5b. Indicate whether the precursor(s) are intended to be made available for sale in offline or online marketplaces.

 

( ) Yes

 

( ) No

 

Name of the marketplace:

 

Address:

(1)

  OJ C 367, 10.10.2018, p. 35.


EXPLANATORY STATEMENT

The marketing and use of explosive precursors is currently governed by the Regulation (EU) No. 98/2013. This regulation establishes partly harmonized rules that restrict placing on the market of chemical substances such as hydrogen peroxide and nitric acid (and mixtures that contain them). It provides for a general prohibition on the possession and use of these chemicals for the ’general public’, but Member States are entitled to grant controlled access for a legitimate intended use, by establishing a national licencing or registration regime. Economic operators that place such substances on the market are required to label them and to report suspicious transactions to the national contact points. The mentioned restrictions and obligations do not apply to professional users.

A Commission performed a REFIT ex-post evaluation on the implementation of Regulation (EU) No. 98/2013 by Member States. This evaluation identified several weaknesses, such as the great variation of licencing/registration regimes in different Member States; confusion on the part of the economic operators as to which products exactly fall under the scope of the regulation; and problems with monitoring internet sales, imports and intra-EU movements by the national authorities.

On 17 April 2018, the Commission submitted this new proposal (repealing Regulation 98/2013) in order to address the existing deficits, based on This proposal is part of a ‘security package’, aiming at better protecting European citizens against terrorism and other forms of serious crime. It aims at closing the identified ‘significant gaps’. The main elements of the new proposal include the discontinuation of the registration regime, clarifying definitions such as economic operators, members of the general public (by also including legal persons) and the obligation for economic operators to verify licences upon sale (explanatory memorandum, pp. 10-17).

The general objectives are to

1. ensure the functioning of the internal market, preventing distortion of competition or trade

barriers (IA, p. 21).

2. ensure a high level of security through measures to prevent and combat crime;

The specific objectives are to:

1. further restrict access to certain explosives precursors and strengthen controls;

2. align restrictions and controls with the evolving threats regarding explosives precursors;

3. increase enforcement of the regulation by the competent authorities;

4. improve the transmission of information and compliance along the supply chain;

5. facilitate intra-EU trade and prevent distortion of competition;

6. improve the clarity of the regulation and ensure uniformity in its application (IA, p. 21).

Position of the Rapporteur

The Rapporteur welcomes the Commission´s proposal for a regulation on explosive precursors (COM(2018) 209 final - 2018/0103 (COD)). The fact that in 2015 and 2016 homemade explosives were used in approximately 40% of terrorist attacks committed in the European Union demonstrate the need to close existing gaps in order to reduce the possibilities of accessing highly dangerous substances. However, the Rapporteur considers that there are some aspects of the Commission´s proposal that could be further improved in particular with respect to clarifications and specifications.

Finally, the Rapporteur recommends to endorse the proposed amendments and to forward the modified proposal for adoption to the plenary.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Marketing and use of explosives precursors

References

COM(2018)0209 – C8-0151/2018 – 2018/0103(COD)

Date submitted to Parliament

17.4.2018

 

 

 

Committee responsible

       Date announced in plenary

LIBE

28.5.2018

 

 

 

Committees asked for opinions

       Date announced in plenary

ENVI

28.5.2018

ITRE

28.5.2018

IMCO

28.5.2018

JURI

28.5.2018

Not delivering opinions

       Date of decision

ENVI

16.5.2018

ITRE

28.5.2018

IMCO

16.5.2018

JURI

23.4.2018

Rapporteurs

       Date appointed

Andrejs Mamikins

4.6.2018

 

 

 

Discussed in committee

11.6.2018

18.10.2018

19.11.2018

10.12.2018

Date adopted

10.12.2018

 

 

 

Result of final vote

+:

–:

0:

32

0

0

Members present for the final vote

Martina Anderson, Monika Beňová, Michał Boni, Caterina Chinnici, Cornelia Ernst, Romeo Franz, Ana Gomes, Nathalie Griesbeck, Jussi Halla-aho, Dietmar Köster, Juan Fernando López Aguilar, Monica Macovei, Roberta Metsola, Claude Moraes, Péter Niedermüller, Ivari Padar, Giancarlo Scottà, Birgit Sippel, Csaba Sógor, Helga Stevens, Bodil Valero, Harald Vilimsky, Josef Weidenholzer

Substitutes present for the final vote

Marek Jurek, Jean Lambert, Andrejs Mamikins, Angelika Mlinar, Maite Pagazaurtundúa Ruiz, Barbara Spinelli, Axel Voss

Substitutes under Rule 200(2) present for the final vote

Lucy Anderson, Margrete Auken

Date tabled

18.12.2018


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

32

+

ALDE

Nathalie Griesbeck, Angelika Mlinar, Maite Pagazaurtundúa Ruiz

ECR

Jussi Halla-aho, Marek Jurek, Monica Macovei, Helga Stevens

ENF

Giancarlo Scottà, Harald Vilimsky

GUE/NGL

Martina Anderson, Cornelia Ernst, Barbara Spinelli

PPE

Michał Boni, Roberta Metsola, Csaba Sógor, Axel Voss

S&D

Lucy Anderson, Monika Beňová, Caterina Chinnici, Ana Gomes, Dietmar Köster, Juan Fernando López Aguilar, Andrejs Mamikins, Claude Moraes, Péter Niedermüller, Ivari Padar, Birgit Sippel, Josef Weidenholzer

VERTS/ALE

Margrete Auken, Romeo Franz, Jean Lambert, Bodil Valero

0

-

 

 

0

0

 

 

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

Last updated: 11 January 2019Legal notice