PART 13 Explosive Precursors

Amendment of Regulation (EU) No 98/2013
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;
Words in reg. 51(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1371), regs. 1, 3(3)(a)(i)
1972 c. 66. Schedule 1A was inserted by paragraph 16 of Schedule 21 to the Deregulation Act 2015 (c. 20), and Parts 1 and 3 were amended by S.I. 2018/451.
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in reg. 51(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1371), regs. 1, 3(3)(a)(ii)

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.
Words in reg. 51(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1371), regs. 1, 3(3)(a)(iii)”.

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 51(12) omitted (31.12.2020 immediately before IP completion day) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1371), regs. 1, 3(3)(b)
(13) Omit Articles 12 to 18.
Word in reg. 51(13) substituted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1371), regs. 1, 3(3)(c)
(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.”.

Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1