Regulation (EU) No 98/2013 of the European Parliament and of the CouncilShow full title

Article 9 U.K. Reporting of suspicious transactions, disappearances and thefts

1. Suspicious transactions involving the substances listed in the Annexes, or involving mixtures or substances containing them, shall be reported in accordance with this Article.

2. [F1 The Secretary of State] shall set up one or more F2 ... contact points with a clearly identified telephone number and e-mail address for the reporting of suspicious transactions.

3. Economic operators may reserve the right to refuse the suspicious transaction and shall report the transaction or attempted transaction without undue delay, including if possible the identity of the customer, to [F3 a contact point established under Article 9(2)] in the event that they have reasonable grounds for believing that a proposed transaction involving one or more substances listed in the Annexes, or involving mixtures or substances containing them, is a suspicious transaction, having regard to all the circumstances and in particular where the prospective customer:

(a) appears unclear about the intended use of the substance or mixture;

(b) appears unfamiliar with the intended use of the substance or mixture or cannot plausibly explain it;

(c) intends to buy substances in quantities, combinations or concentrations uncommon for private use;

(d) is unwilling to provide proof of identity or place of residence; or

(e) insists on using unusual methods of payment, including large amounts of cash.

4. Economic operators shall also report significant disappearances and thefts of the substances listed in the Annexes and of mixtures or substances containing them to [F4 a contact point established under Article 9(2)] where the disappearance or theft has taken place.

5. [F5 The Secretary of State shall draw up guidelines to assist the chemical supply chain.] The guidelines shall, in particular, provide:

(a) information on how to recognise and report suspicious transactions, in particular as concerns the concentrations and/or quantities of substances listed in Annex II below which no action is normally needed;

(b) information on how to recognise and report significant disappearances and thefts;

(c) other information which may be deemed useful.

[F6 The Secretary of State shall update] the guidelines regularly.

6. The [F7 Secretary of State] shall ensure that the guidelines provided for in paragraph 5 are regularly disseminated in a manner deemed appropriate by the [F7 Secretary of State] in accordance with the objectives of the guidelines.

Textual Amendments

F1 Words in Art. 9(2) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Word in Art. 9(2) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 9(3) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 9(4) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(9)(c); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 9(5) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(9)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 9(5) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(9)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 9(6) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 51(9)(e); 2020 c. 1, Sch. 5 para. 1(1)