Key Benefits:
Law of 26 February 1998 implementing the Convention on the marking of plastic materials to be adopted in Montreal on 1 March 1991 (Law on the marking of plastic explosives)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is necessary to lay down rules implementing the Treaty of 1 March 1991 on the marking of plastic materials for the purpose of tracing them (Trb. 1991, 127, and 1992, 80);
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 In this Act the following definitions shall apply:
(a) the Convention: the Convention on the Marking of Kneexplosives, established in Montreal on 1 March 1991, for the purpose of tracing them;
b. enter and exit: they enter the territory of the Netherlands, and exit from the territory of the Netherlands.
2 The expressions contained in this Act have the same meaning as in the Convention.
It shall be prohibited in addition to any explosives which have not been marked with an investigation designated by our Ministers of Justice and of Defence:
a. to be manufactured;
b. To enter or to exit;
to store, to be used, to transfer or to market.
If, for that purpose, a recognition as intended Article 17 of the Explosives Act for civil use has been granted, is Article 2 Not applicable with respect to explosives in limited quantities only for:
a. Research on, developing or doing experiments with new or modified explosives;
b. training in detecting explosives and developing or doing experiments with tools for the detection of explosives; or
(c) forensic scientific purposes.
Article 2, introductory wording and point (c) , for three years after the entry into force of this Act, is not applicable to the holder of a recognition as intended Article 17 of the Explosives Act for civil use with regard to explosives manufactured or received before the entry into force of this Act.
1 Article 2, introductory wording and points (b) and (c) , for 15 years from the date of entry into force of this Act, the law does not apply to the police and the armed forces in respect of explosives which have been manufactured or entered before the entry into force of this law.
2 Article 2, introductory wording and points (b) and (c) , does not apply to the police and the armed forces with regard to explosives which at the time of entry into force of this Act form part of the official military instruments.
1 Article 2, introductory wording and point (b) , for a period of 15 years from the date of entry into force of the Convention, it shall not apply to the police and the military of that State in respect of explosives established for the entry into force of the Convention in respect of such explosives. has been manufactured or entered there.
2 Article 2, introductory wording and point (b) , does not apply to the police and armed forces of a state party to the treaty relating to explosives which forms part of the official body at the time of entry into force of the Convention in respect of that State. Military instruments.
With regard to the supervision of compliance with this Act, Chapter IV of the Explosives For Civil Uses Act applicable.
1 With a maximum of four years ' imprisonment or a fine of the fifth category, he shall be punished who acts in violation of Article 2 .
2 The offences referred to in the first paragraph shall be criminal offences.
This law shall also apply in the public entities Bonaire, Sint Eustatius and Saba, subject to the following conditions:
a. by way of derogation from the Articles 3 and 4 the approval for the manufacture, storage, use, transfer or marketing of explosives has been granted by the authorities designated by Our Minister of Justice and the Minister of Economic Affairs. Notice of this decision shall be communicated in the Official Gazette;
b. by way of derogation from Article 7 :
1 ° shall be subject to supervision of compliance with this Act:
-the officials designated in or pursuant to Article 184 of the Code of Criminal Procedure BES,
-the officials appointed by our Minister of Justice, in agreement with our other Ministers,
-the officials of the tax authorities responsible for customs administration, and
2 °. the officials referred to in point (a) shall be competent to the extent that it is reasonably necessary for the carrying out of the abovementioned supervisory task:
-making access to data and documents, and making copies thereof;
-to enter any place;
-to examine cases, to subject them and to take samples and to open them to that end;
-to investigate means of transport and cargo carried.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Law on the marking of mating explosives.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at Gravenhage, 26 February 1998
Beatrix
The Minister of Justice,
W. Sorgdrager
The Minister of Defence,
J. J. C. Voorhoeve
Published on the 10th March 1998The Minister of Justice,
W. Sorgdrager
