What is the new EU regulation on explosives precursors?
Regulation (EU) 2019/1148 was published in July 2019 following investigations into the Paris and Brussels terrorist attacks which concluded that chemicals are too easily available for the illicit manufacture of explosives. Stricter restrictions and controls have been accepted by EU member states which include harmonized enforcement across Europe; a reduction of licenses for members of the general public; improved theft prevention requirements and mandatory verification of legitimate use prior to sale and supply.
What are the main changes versus existing legislation?
- Harmonized enforcement across Europe.
- A reduction of licenses for the general public.
- Better awareness in the supply chain that some products can be used in the illicit manufacture of explosives and measures need to be taken to restrict access.
- A signed statement verifying professional use by the purchaser is provided upon sale, retained by the supplier and updated annually.
When does the regulation come into force?
- February 2021.
How will the change affect Diversey and its Customers?
- Before any sale, Diversey needs to assure that our direct customer is a legitimate professional user.
- The direct customer is required to submit a product-specific confirmation of legitimate use in writing which is verified by providing proof of identity of the individual entitled to represent the customer (passport, ID card etc).
- This customer statement needs to be renewed every year.
- Statements need to be retained (18 months) and available for inspection by authorities (typically the police or military as it is terrorism-related).
On Thursday 12 November, Dr Ad Jespers (Executive Director Global Regulatory Strategy & Design) and Will Grayson (Marketing Communications Director F&B) presented an overview of the new regulation and hosted a Q&A session. The recording of the live session can be watched on-demand.
Subtitles are available in Czech, English, French, German, Italian, Polish, Portuguese, Spanish and Russian.
What is the Regional Scope of this regulation?
The regulation covers the EU member states including the UK (there is no indication that Brexit will alter the UK's commitment to comply with the regulation). Countries which are not included in the regulation are Switzerland, Finland, Russia, Israel, Gibraltar and Liechtenstein.
Is this a rule that is being introduced by Diversey?
No, this is a new piece of legislation being introduced by the European Union. At Diversey, we also need to provide verification statements to our suppliers describing our professional use of these same materials which have been categorized as explosives precursors.
Is a customer statement required for each delivery?
No, a valid customer statement needs to be in the possession of Diversey before the delivery of a concerned product can take place. The statement is valid for 1 year and is required to be renewed annually.
Can one statement be submitted per multi-national account or is one statement required per site?
One statement can be submitted to cover multiple sites as long as the person signing has authority over all sites. However, it depends on the exact company structure of the customer and full details will need to be provided on each associated site address including VAT registration number and Diversey customer number (where available).
Do these goods which have been categorized as explosives precursors need to be placed in special storage in the warehouse?
Companies should have chemical safety protocols and theft prevention methods in place. Further information of what is expected by law can be found in the official regulation text.
Is the customer statement/verification document a legal document imposed from the regulations?
Yes. It is a legal document. Diversey's verification statement template has been guided by the legislation recommendations in the official regulation text.
Can the customer statement/verification document be signed digitally or should it be supplied on paper to ensure validity?
Pre-populated PDF forms will be provided by Diversey which can be digitally signed or printed, signed, scanned and returned.
Is the customer statement product-specific? Will one customer be required to provide multiple certificates per product?
The verification statement is attached to a customer. Customers are required to provide a verification statement when they are purchasing any Diversey products which have been classified as containing explosives precursors but one statement can cover all products and multiple sites within a large customer group. The products and existing customers affected have been identified and will be notified by Diversey.
The person ordering and the person receiving are often different. Do both have to be registered?
The certificate is attached to a company (a professional user of these products) and should be signed by an authorized signee on behalf of the company.
How does the GDPR regulation impact the requirement to store ID/passport details of signees?
Diversey has a legitimate interest and a legal obligation to collect the data. The returned certificates will be stored and managed in accordance with GDPR and data storage best practices. Further information on GDPR compliance can be found by language below.
Is it possible to switch to alternative products which do not require a verification statement?
The raw materials that are impacted by the new regulation offer unmatched performance and efficacy in their intended applications. As such, there are not replacement formulations on the market with the same efficacy, concentration and cost in use.
Does Oxivir fall under this regulation?
No, Oxivir is out of the scope of this regulation.
Is a list of affected Diversey products available?
The affected product list is not published but customers who have purchased affected products in the last 12 months will be notified of which products fall under this new regulation. Any new sales of affected products will be flagged at the point of sale and a verification statement will need to be received by Diversey before goods are shipped.
Does this apply to all pack sizes? Is there a minimum quantity?
There is no lower limit. If a product contains an explosives precursor then it falls under the remit.
Is the certificate shared with the police/military in member states?
No, it is kept on file by Diversey but may be requested by the police or the military as part of an inspection or an investigation.