Amendment of Regulation (EU) No 98/2013U.K.
This section has no associated Explanatory Memorandum
51.—(1) Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors is amended as follows.
(2) In Article 1 (subject matter), omit the second paragraph.
(3) In Article 2 (scope), for paragraph 1 substitute—
“1. This Regulation applies—
(a)..., in relation to the substances listed in Part 1 (regulated explosives precursors) and Part 3 (reportable explosives precursors) of Schedule 1A to the Poisons Act 1972 , and to mixtures and substances containing them;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1A. ..., any reference in this Regulation to—
(a)“the Annexes” is to be read as a reference to Parts 1 and 3 of Schedule 1A to the Poisons Act 1972;
(b)“Annex I” is to be read as a reference to Part 1 of Schedule 1A to that Act;
(c)“Annex II” is to be read as a reference to Part 3 of Schedule 1A to that Act.”.
(4) In Article 3(5) (definitions), for “a Member State whether from another Member State or from a third country” substitute “ the United Kingdom ”.
(5) In Article 4 (making available, introduction, possession and use)—
(a)in paragraph 2—
(i)for “a Member State” substitute “ the Secretary of State ”;
(ii)for “a competent authority of the Member State” substitute “ the Secretary of State ”;
(b)in paragraph 3, for “a Member State” substitute “ the Secretary of State ”;
(c)omit paragraph 4;
(d)omit paragraph 5;
(e)for paragraph 6 substitute—
“6. Where a member of the general public intends to introduce a restricted explosives precursor into the territory of the United Kingdom, that person shall obtain and, if requested present to the Secretary of State, a licence issued in accordance with rules laid down in Article 7.”;
(f)in paragraph 7, for “the Member State” to the end, substitute “ the Secretary of State ”.
(6) In Article 6 (free movement)—
(a)for “Without prejudice to the second paragraph of Article 1 and to Article 13, and unless” substitute “ Unless ”;
(b)for “or in other legal acts of the Union, Member States” substitute “ the Secretary of State ”.
(7) In Article 7 (licences)—
(a)in paragraph 1—
(i)for “Each Member State” to “restricted explosives precursors” substitute “ The Secretary of State ”;
(ii)for “competent authority of the Member State” substitute “ Secretary of State ”;
(b)in paragraph 2, for “competent authority” in both places where it occurs substitute “ Secretary of State ”;
(c)in paragraph 3, for “competent authorities” substitute “ Secretary of State ”;
(d)in paragraph 4, for “competent authority” substitute “ Secretary of State ”;
(e)omit paragraph 5;
(f)for paragraph 6 substitute—
“6. Licences granted by the competent authorities of a Member State or of any other country may be recognised in the United Kingdom.”.
(8) In Article 8(3) (registration of transactions), for “competent authorities” substitute “ Secretary of State ”.
(9) In Article 9 (reporting of suspicious transactions, disappearances and thefts)—
(a)in paragraph 2, for “Each Member State” substitute “ The Secretary of State ” and omit “national”;
(b)in paragraph 3, for “the national contact point of the Member State where the transaction was concluded or attempted” substitute “ a contact point established under Article 9(2) ”;
(c)in paragraph 4, for “the national contact point of the Member State” substitute “ a contact point established under Article 9(2) ”;
(d)in paragraph 5—
(i)for the first sentence substitute “ The Secretary of State shall draw up guidelines to assist the chemical supply chain. ”;
(ii)for “The Commission shall update” substitute “ The Secretary of State shall update ”;
(e)in paragraph 6, for “competent authorities”, in both places where it occurs, substitute “ Secretary of State ”.
(10) In Article 10 (data protection)—
(a)for the first reference to “Member States” substitute “ The Secretary of State ”;
(b)for the second reference to “Member States” substitute “ the Secretary of State ”;
(c)for “Articles 8 and 17” substitute “ Article 8 ”.
(11) Omit Article 11 (penalties).
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) Omit Articles [12] to 18.
(14) In the text following Article 19 (entry into force), omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Textual Amendments
Commencement Information
Marginal Citations