REPORT

The proposal relating to registration in the Product
Register means that consideration must be given to whether
any changes are necessary in the provision concerning
the declaration requirement for dangerous chemicals,
or whether the requirement for registration should be
included in the Regulation where the other requirements for
handling substances and mixtures containing ≥ 16 % N in
relation AN are regulated.
The Working Group also recommends that minor changes
be made in Regulation No. 1063 of 4 July 2003 relating to
trading of fertilisers and liming materials, etc. on the basis
of the requirement of the REACH Regulation, which bans
placing on the market substances or mixtures containing
more than 28 % N in relation to AN, for use as a solid
fertiliser, straight or compound, if the fertiliser does not
pass the detonation test as described in Regulation (EC) No
2003/2003.
Changes must be made in the Explosives Regulation as
there is a need to impose stricter requirements on the
explosives industry’s handling of AN-based explosives.
In order to enable Customs to report suspicious
transactions to the police, the Customs Act requires that
a violation of the enabling act, in this case the Fire and
Explosion Protection Act, entail a prison sentence of at
least 6 months. The sentencing framework in the Fire and
Explosion Prevention Act is 3 months. The Working Group
recommends amending the sentencing framework in the
Fire and Explosion Protection Act.
The Working Group can at this time also signal that in
connection with the assessment of Regulation COM(2010)
437, to be submitted on 1 October 2012, it will propose
raising the sentencing framework of the Fire and Explosion
Protection Act, since the EC Regulation requires states to
have sanction provisions that are effective, proportionate
and dissuasive.
Nor does the Working Group find that the sentencing
framework in the Fire and Explosion Prevention Act,
to ensure safety when handling dangerous chemicals, is
in proportion to other health and safety legislation. For
worker protection and protection of the environment the
maximum penalties are 2 years and 5 years, respectively.
PST also made it clear in its consultative comments that the
sentencing framework of the Fire and Explosion Protection
Act must be amended.
In connection with the establishment of a system for
reporting suspicious transactions, it must be considered
whether the Fire and Explosion Protection Act establishes
adequate authority to require such reporting by the party
in the sales stage of the trade chain. This will be studied in
more detail in the recommendation to be submitted by 1
October 2012
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