Germany Zero points🤬

12.6.2024 NOTICE TO MEMBERS Subject: Petition No 0519/2023 by Markus Dirks (German) on amending Regulation (EU) 2019/1148 on the marketing and use of explosives precursors 1. Summary of petition The petitioner is against the reduction from 25 % nitromethane content to 12% in the fuel used by model sport pilots and model sport car drivers. Among other things, the petitioner claims that this would lead to thermal problems in engines and prevent European or World Championships from being held in Germany. Against this backdrop, the petitioner calls for exemptions and for paragraph 10 of Regulation (EU) 2019/1148 of the European Parliament and of the Council of 20 June 2019 on the marketing and use of explosives precursors to be adapted. 2. Admissibility Declared admissible on 6 September 2023. Information requested from Commission under Rule 227(6), (New Rule 233(5)). 3. Commission reply, received on 12 June 2024 Regulation (EU) 2019/1148 on the marketing and use of explosives precursors 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 the availability of those substances or mixtures to members of the general public, and with a view to ensuring the appropriate reporting of suspicious transactions to the authorities throughout the supply chain. The Regulation is an important tool in the fight against terrorism in the European Union (EU) as it contributes to the prevention of the manufacture of Home-Made Explosives (HMEs) with easily available chemicals. These chemicals are called ‘explosives precursors’. In many attacks in the EU, including those in Paris in 2015, Brussels in 2016, Manchester and Parsons

Green in 2017 and Lyon in 2019, terrorists used such HMEs. The substances included in the Regulation are selected on the basis of thorough analysis taking into account information from, among others, competent authorities, law enforcement authorities, the private sector (in particular the chemical industry), research institutes and the general public. The criteria for determining which measures should apply to which explosives precursors include: - the level of threat associated with the explosives precursor concerned; - the volume of trade in the explosives precursor concerned; - whether it is possible to establish a concentration level below which the explosives precursor could still be used for the legitimate purposes for which it is made available while making it significantly less likely for that precursor to be used for the illicit manufacture of explosives. In relation to nitromethane the limit value has been set at 16% w/w in the Regulation. This means that nitromethane on its own or in mixtures and substances that include nitromethane in a concentration that is equal to or lower than this limit value can be made available to, introduced, possessed or used by the members of the general public in the EU for their hobby. Additionally, EU Member States can decide to establish a licencing regime allowing nitromethane to be made available to, introduced, possessed or used by the members of the general public at concentrations up to 100% w/w.  However, Regulation (EU) 2019/1148 does not provide for any exception on the abovementioned measures on the basis of the specific use of restricted explosives precursors, including nitromethane, by certain members of the general public.  In other words, members of the general public - including citizens who use nitromethane in their hobby - are only allowed to acquire, introduce, possess and use nitromethane above 16% w/w in the EU if the EU Member State in question has established a licencing regime further to Article 5(3) of Regulation (EU) 2019/1148. Germany has chosen not to establish such a licencing regime. Currently only Austria, Spain, Finland, Ireland, the Netherlands, Portugal, Denmark and Sweden have such licencing regime (for one or more substances of Annex I of Regulation (EU) 2019/1148). Estonia is in the process of establishing a licencing regime.  Conclusion In view of the reason set out above, it is not possible for the European Commission nor for the competent authorities of the EU Member States to give a general exemption to members of a model building association  - or any other hobby association - to acquire, introduce, possess and use nitroethane above 16% w/w in the EU in the context of Regulation (EU) 2019/1148 on the marketing and use of explosives precursors. Finally, we would like to point out that the Commission will soon start with an evaluation and impact assessment of Regulation (EU) 2019/1148 in parallel. This evaluation and impact assessment will be conducted according to the Commission’s better regulation guidelines which ensures wide stakeholder participation. The Commission will seek and consider all views and input and ensure that all relevant parties have had the opportunity to express their opinions. Citizens who use nitromethane in their hobby are also invited to contribute to this stakeholder consultation.