Republic of Cyprus
Trade Service

Imports/Exports Licensing




THE MARKETING AND USE OF EXPLOSIVE PRECURSORS


In modern day society there are numerous different types of chemicals used on a daily basis in a wide variety of industrial processes, professional functions as well as in the consumer sector. Chemicals are utilised as intermediates to produce other chemicals, as solvents to dissolve materials, to produce products such as paint, as food ingredients and in end products such as cleaning solutions. However, some of the chemicals have the potential to be misused for the illicit manufacture of «home- made or improvised explosives».

It was therefore necessary to restrict access to the explosives precursors that can be misused, including those precursors that can be extracted from mixtures. This conclusion led to the adoption of 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 (“European Regulation”). The European Regulation establishes harmonised rules concerning the making available, introduction, possession and use of substances or mixtures that could be misused for the illicit manufacture of explosives, with a view to limiting their availability to the general public and ensuring public safety.

For the harmonization of Cyprus legislation with European Regulation on the 17th of March 2017 the national law titled «On the Marketing and Use of Explosive Precursors Act 26(Ι)/2017» was published in the Cyprus Official Government Gazette no. 4593, of 17.3.2017.

Our national legislation applies a strict control regime on a number of substances. It imposes a ban on the marketing and use of explosives precursors under constraints by the members of the general public. These substances and their mixtures above a specific concentration are identified in Annex I of the European Regulation. The term “substance” also includes a mixture or other substance in which the substance listed in Annex I is presented in a concentration exceeding the corresponding limit value.

Alternatively, according with the national legislation the Minister of Energy, Commerce, Industry and Tourism has the authority to issue a decree which will allow the availability, importation, possession and use of substances or mixtures of explosives precursors under constraints by the general public, using/through a licensing regime.

In addition, the national Legislation establishes a mechanism for reporting any suspicious transactions as well as significant disappearances and thefts involving a number of substances or mixtures to the national contact point, Cyprus Police. These reports must concern the substances listed in the Annexes I and II of European Regulation, or mixtures or substances containing them. Economic operators along the supply chain must report to the Cyprus Police any transactions involving these substances, when due to their nature or scale they are considered as suspicious. Additionally, members of the general public that they have a license to buy these substances are obliged to report any thefts or disappearances involving these substances to Cyprus Police. Moreover, national legislation imposes a duty on economic operators to keep records concerning production, imports, availability, use and transactions of restricted explosive precursors or mixtures.

Finally, the national legislation establishes a possible licensing framework, the obligations of both economic operators and members of the general public as well as the penalties applicable to infringements of the legislation.





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