Explosive material in the food industry

Homemade explosives are a common weapon for terrorists and other criminals. This is due to the relatively free availability of many raw materials. The availability of these substances is limited by EU regulation 2019/1148 and the Dutch Explosives Precursors Act. Since February 2021, this legislation has been tightened! This has direct consequences for entrepreneurs and companies that sell and use these substances. Many of the substances to which the law applies are very common in the food industry. 

Information obligation

All market participants in the chain of precursors for explosives are expected to inform each other clearly and unambiguously if a product contains such a precursor and thus falls within the obligations of the EU regulation. Companies must also train and instruct their staff so that they are aware of the obligations that apply to trading precursors in order for them to implement the law.

EU legislation distinguishes between the precursors for explosives by dividing them into two different lists of substances, the so-called 'Annexes to the EU Regulation'. These lists can be found at: www.nctv.nl/precursoren for explosives. Different rules and obligations apply to both lists. 

As of February 1, 2021, the following obligations apply to substances on List 1: (List 1 of restricted explosives precursors includes Nitric Acid, Hydrogen Peroxide, Sulfuric Acid and Nitromethane) 

• Companies selling precursors must carry out a verification duty on the identity of the customer and check whether a license is required or not. If a license is required, then license verification follows.
• Companies must register and retain customer data for a period of 18 months. - They are free to do this in any way they want, provided they take into account the privacy regulations (AVG).
• All suspicious transactions, theft, and disappearances must be reported within 24 hours to the Reporting Centre Suspicious Transactions Chemicals: 088-154 00 00.
• Companies must inform the business customer that the product they are buying is a precursor for explosives for which rules and obligations apply. The obligation to inform does not apply to consumers.
• Companies must train and instruct their staff so that they are aware of the obligations that apply to trading precursors and can implement the law.

As of February 1, 2021, the following obligations apply to substances on List 2: (List 2 of explosives precursors that must be reported include Hexamine, Acetone, Potassium Nitrate, and Sodium Nitrate). 

• All suspicious transactions, theft, and missing items must be reported within 24 hours to the Chemical Suspicious Transactions hotline: 088 154 00 00.
• Companies must inform the business customer that the product they are buying is an explosives precursor to which rules and obligations apply. The obligation to inform does not apply to consumers.
• Companies must train and instruct their staff so that they are aware of the obligations that apply to trading precursors and can implement the law.

nctv.nl