Regulation (EU) No 98/2013 of the European Parliament and of the CouncilDangos y teitl llawn

Article 4 U.K. Making available, introduction, possession and use

1. Restricted explosives precursors shall not be made available to, or introduced, possessed or used by, members of the general public.

2. Notwithstanding paragraph 1, [F1 the Secretary of State] may maintain or establish a licensing regime allowing restricted explosives precursors to be made available to, or to be possessed or used by, members of the general public, provided that the member of the general public obtains, and, if requested, presents a licence for acquiring, possessing or using them, issued in accordance with Article 7 by [F2 the Secretary of State] where that restricted explosives precursor is going to be acquired, possessed or used.

3. Notwithstanding paragraphs 1 and 2, [F3 the Secretary of State] may maintain or establish a registration regime allowing the following restricted explosives precursors to be made available to, or to be possessed or used by, members of the general public if the economic operator who makes them available registers each transaction in accordance with the detailed arrangements laid down in Article 8:

(a) hydrogen peroxide (CAS RN 7722-84-1) in concentrations higher than the limit value set out in Annex I, but no higher than 35 % w/w;

(b) nitromethane (CAS RN 75-52-5) in concentrations higher than the limit value set out in Annex I, but no higher than 40 % w/w;

(c) nitric acid (CAS RN 7697-37-2) in concentrations higher than the limit value set out in Annex I, but no higher than 10 % w/w.

F4 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 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.]

7. An economic operator who makes available a restricted explosives precursor to a member of the general public in accordance with paragraph 2 shall for each transaction require the presentation of a licence or, if it is made available in accordance with paragraph 3, keep a record of the transaction, in compliance with the regime established by [F7 the Secretary of State].

Textual Amendments

F1 Words in Art. 4(2) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 4(2) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 4(3) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 4(4) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(5)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 4(5) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(5)(d); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 4(6) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(5)(e); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 4(7) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(5)(f); 2020 c. 1, Sch. 5 para. 1(1)