Folder - Avoid selling chemicals for illegal purposes
Rules for explosives precursors
A large number of explosives precursors may only be sold to persons using them in connection with their business or to private individuals who have been licensed by the police. The reason is that such substances could be involved in the illegal manufacture of explosives. The rules in this area are found in an EU regulation on explosives precursors from 20 June 2019, which must be complied with in the EU countries from 1 February 2021. The regulation is supplemented by Danish executive orders.
Download dokumenter
LEGISLATION AND GUIDELINES FOR EXPLOSIVES PRECURSORS
Definition of explosives precursors
Explosives precursors subject to restrictions
A substance listed in Annex I to the Regulation that is present in a higher concentration than the corresponding limit value set out in Annex 1, column 2, or substances mentioned in the Executive Order, as well as mixtures containing substances subject to restrictions.
Regulated explosives precursors
A substance listed in Annex I (concentration does not exceed the limit value in column 2), Annex II or the Executive Order (concentration does not exceed the limit value), and homogeneous mixtures of more than 5 ingredients, in which the concentration of the substance/substances is less than 1% by weight, is considered to be a regulated explosives precursor.
Sale to private individuals
When explosives precursors that are subject to restrictions are made available to an ordinary citizen with a license, that ordinary citizen's identification (e.g. passport or driving license) and license to acquire raw materials must be checked at each transaction (sale or transfer).
In addition, the quantity of the explosives precursor purchased must be registered on the license.
When selling explosives precursors that are subject to restrictions, an ordinary citizen must be made aware that there is a reporting obligation within 24 hours in the event of significant losses and significant thefts.
CONTACT THE POLICE ADMINISTRATIVE CENTRE
The Police Administrative Centre issues licenses for private purchases of explosives precursors.
Sales to other traders or professional users
When explosives precursors subject to restrictions are made available to other traders or professional users, each transaction (sale or transfer) must contain these details:
- Name, address and proof of identity provided (e.g. passport or driving license) of the person or representative purchasing the explosives precursors
- Buyer's trade, business or profession
- Information about the company that will use the explosives precursors (name, address, CVR number, etc.)
- Intended use
- Product name, quantity, point of sale, seller and date
This information may be omitted in a purchase if the potential customer is verified within one year before the current transaction and if it does not differ significantly from previous transactions.
This information must be stored for 18 months after the transaction.
Information can be obtained by means of a customer declaration, e.g expressed as Annex IV to the Regulation.
When a regulated explosives precursor is made available to other traders, the trader concerned must be informed that there is a reporting obligation in case of suspicious transactions and significant losses and thefts.
List of substances
Explosives precursors subject to restrictions may not be sold to private individuals unless they have a license or the substances do not have a higher concentration than that listed in Table 2. Other precursors cannot be licensed to private individuals.
Name of the explosives precursor |
Limit value for sale to private individuals without a license |
Limit value in percentage by weight for sale to private individuals with a license |
Nitric acid (HNO3) (e.g. caustic agent, metal treatment) (CAS RN 7697-37-2) |
0% < X < 3% |
3% < X < 10% |
Hydrogen peroxide (H2O2) (hydrogen peroxide - included in bleaches, disinfectants, cleaning agents) (CAS RN 7722-84-1) |
0% < X < 12% |
12% < X < 35% |
Sulphuric acid (H2SO4) (Included in e.g. drain cleaners and car batteries) (CAS RN 7664-93-9) |
0% < X < 15% |
15% < X < 40% |
Nitromethane (CH3NO2) (e.g. model engine fuel) (CAS RN 75-52-5) |
0% < X < 16% |
16 % < X < 100% |
Ammonium nitrate (NH4NO3) (included in fertilisers and cold packs, for example) (CAS RN 6484-52-2) |
0% < X < 46% (corresponding to 0% < X < 16% nitrogen from ammonium nitrate) |
> 46% (corresponding to > 16% nitrogen from ammonium nitrate) Licenses not permitted |
Potassium chlorate (KClO3) (included in pyrotechnics, for example) (CAS RN 3811-04-9) |
0% < X < 40% |
> 40% Licenses not permitted |
Potassium chlorate (KClO4) (included in pyrotechnics, for example) (CAS RN 7778-74-7) |
0% < X < 40% |
> 40% |
Sodium chlorate (NaClO3) (included in pyrotechnics, for example) (CAS RN 7775-09-9) |
0% < X < 40% |
> 40% |
Sodium perchlorate (NaClO4) (included in pyrotechnics, for example) (CAS RN 7601-89-0) |
0% < X < 40% |
> 40% |
Salts of nitrate (NO3-) |
0% < X < 90% |
90% < X < 100% |
Salts of chlorate and/or perchlorate (ClO3-, ClO4-) |
0% < X < 40% |
40% < X < 100% |
Metallic powder of aluminium, magnesium, zinc, titanium, zirconium, iron (Al, Mg, Zn, Ti, Zr, Fe) |
0% < X < 70% |
70% <X <100% |
Elemental sulphur (S) |
0% < X < 85% |
85% < X < 100% |
Elemental phosphorus (P) |
0% < X< 50% |
50% < X < 100% |
Urea hydrogen peroxide (CH4N2O, H2O2) |
0% < X < 90% |
90% < X < 100% |
If a product contains more than 5 ingredients with a concentration of substances listed in the table above that is less than 1% by weight, the product is not subject to the rules that apply to regulated explosives precursors.
This is checked
The Danish Safety Technology Authority checks that the rules for explosives precursors are subject to restrictions and regulated explosives precursors are complied with:
Explosives precursors subject to restrictions may not be sold or transferred to ordinary citizens, and they may not be imported, owned or used by ordinary citizens.
When the precursors are sold to other companies, the restrictions on sales or use for private individuals must be informed.
When selling online for business, buyers must be informed of the rules.
If a precursor can be sold with a license to a private individual, compliance with the rules must be checked, e.g. that buyers and their use as well as the quantity of the precursor are recorded.
Businesses must have procedures in place to report suspicious transactions and lost precursors.
Companies must obtain proof of identification from the buyer if they sell to professional users, other traders or licensed ordinary citizens.
Companies must store the information obtained for 18 months. This also applies to the proof of identity.
Inspection will take place during visits to companies that sell and distribute the covered substances. These inspections can take place notified or unannounced. Similarly there will be inspections of online outlets and marketplaces.
Report suspicions and lost precursors
You must report suspicious transactions and losses of these precursors to the nearest police district
If you are a trader or professional user, you must report all the precursors mentioned in the EU regulation and the Danish executive order on explosives precursors.
If you are a regular user, report the loss of explosives precursors that are subject to restrictions.
Checklist for traders
You must inform the next trader in the supply chain of the rules for the product (Article 7 (1)).
Your employees selling regulated precursors must be instructed on products and obligations (Article 7 (2)).
You are obliged to check on sales, i.a. to record transaction information and keep the information for 18 months (Article 8).
You must have procedures in place to detect suspicious transactions (Article 9 (2)).
You must report suspicious transactions to the nearest police district within 24 hours of detection (Article 9 (4)).
You must report significant losses and thefts of precursors to the nearest police district within 24 hours of discovery (Article 9 (5)).
Checklist for online marketplaces
You must ensure that your users are informed of their obligations when making precursors available through your services (Article 7 (3)).
You must have measures in place to ensure that your users comply with their obligations when making precursors available through your services (Article 8 (5)).
You must have procedures in place to detect suspicious transactions (Article 9 (2)).
You must report suspicious transactions to the nearest police district within 24 hours of detection (Article 9 (4)).
Checklist for professional users
You must report significant losses and thefts of precursors to the nearest police district within 24 hours of discovery (Article 9 (5)).
Checklist for ordinary citizens
You must be licensed if you import, possess or use explosives precursors that are subject to restrictions (Article 5).
You must report significant losses and thefts of explosives precursors that are subject to restrictions to the nearest police district within 24 hours of detection (Article 9 (6)).