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Hydrogen Peroxide Restrictions Following years of negotiations, a NEW Regulation to control consumer purchases, possession and use of commonly available chemicals, including Hydrogen Peroxide, that could be used to make explosive devices, has been agreed. SPATA is very grateful for the information below, which has been provided by Douglas Leech at the Chemical Business Association.

In summary, the Regulation’s marketing restrictions are limited to purchases, possession and use by the

general public only. There are no restrictions on sales or use to/by professional users, or industry.

The Regulation identifies concentration thresholds for seven specific chemicals which include Hydrogen

peroxide. Above these thresholds, 12% for Hydrogen Peroxide, the baseline position of the Regulation is a

ban on sales to the public. However, Member States (MS) can derogate from a full ban through the use of a

licence scheme and those States who have an existing registration scheme can keep it, provided it meets a

number of criteria.

There is no requirement for businesses to stop selling products that contain the specified chemicals, either

above or below the thresholds. However, there is an obligation for retailers to be aware of what they are selling

to the public. There is a requirement for labelling to be employed on a product, at the final retail point, if the

products are not labelled further upstream.

There is an obligation on retailers selling to the general public to ensure a licence is presented (if required)

before a successful purchase is made.

The Regulation introduces into law a system of suspicious transaction reporting. The suspicious transaction

reporting covers sales to the public and professional users of the seven specific substances and eight other

substances. Guidelines issued with the Regulation will provide more information and clarification on

suspicious transaction reporting.

There is a safeguard clause that allows individual Member States to react where there they believe there is an

imminent threat to their citizen’s public safety and security. Such an action will be reviewed by the European

Commission and if deemed unjustified or disproportionate, may be amended or repealed.

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The Regulation allows the Commission to make changes to the concentration thresholds of the chemicals

covered in the Regulation using an expedited procedure, but there is an obligation for the Commission to

consult fully with the European Institutions if they need to include new substances.

The Regulation was voted through in Autumn 2012 and was published in the Official Journal of the EU in

January 2013. There will be an 18 month implementation period to allow Member States to initiate their

contact points, which means the Regulation will probably come into force in September/October 2014.

Annex I - Substances control for sale to general public and

suspicious transaction reporting

Annex II – Substances for suspicious transaction reporting

only

Name of the substance and Chemical

Abstracts Service Registry number (CAS RN)

Limit value Name of the substance and Chemical Abstracts Service

Registry number (CAS RN)

Hydrogen peroxide

(CAS RN 7722-84-1)

12 % w/w Hexamine (CAS RN 100-97-0)

Nitromethane

(CAS RN 75-52-5)

30 % w/w Sulphuric acid (CAS RN 7664-93-9)

Nitric acid

(CAS RN 7697-37-2)

3 % w/w Acetone (CAS RN 67-64-1)

Potassium chlorate

(CAS RN 3811-04-9)

40 % w/w Potassium nitrate

(CAS RN 7757-79-1)

Potassium perchlorate

(CAS RN 7778-74-7)

40 % w/w Sodium nitrate

(CAS RN 7631-99-4)

Sodium chlorate

(CAS RN 7775-09-9)

40 % w/w Calcium nitrate

(CAS RN 10124-37-5)

Sodium perchlorate

(CAS RN 7601-89-0)

40 % w/w Calcium ammonium nitrate (CAS RN 15245-12-2)

Ammonium nitrate

(CAS RN 6484-52-2) [in concentration of 16 % by weight

of nitrogen in relation to ammonium nitrate or higher]

SPATA reminds its Members that no responsibility can be taken by SPATA, its employees or agents in respect of any errors or omissions from this factsheet.

This version of M74 dated 29 May 2013