Key Benefits:
Law of 25 May 2016, laying down rules relating to the placing on the market and use of explosives precursors (Wet precursors for explosives)
We Willem-Alexander, at the grace of God, King of the Netherlands, Prince of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it is necessary to take account of the implementation of the Regulation (EU). 98/2013 of the European Parliament and of the Council of 15 January 2013 on the placing on the market and use of explosives precursors (PbEU 2013, L 39), under the law, to provide for the provision, introduction, holding and the use of substances or mixtures which may be misused for the illicit manufacture of explosives, with regard to the authorisation of individuals as well as to the monitoring of compliance and enforcement of the provisions of the Regulation;
It is true that we, the Department of Consultative Affairs of the Council of State, and with the mean consultations of the States-General, have found and understand the same as We approve and understand:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. offering: offer as referred to in Article 3 (4) of the Regulation;
b. Introduction: introduction as referred to in Article 3 (5) of the Regulation;
c. Use: use as referred to in Article 3 (6) of the Regulation;
ed. operator: operator as referred to in Article 3 (9) of the Regulation;
e. Our Minister: Our Minister of Security and Justice;
f. Private: an individual as referred to in Article 3 (7) of the Regulation;
g. personal data, processing of personal data, responsible for the following: which is understood to be Article 1 (b) of the Personal Data Protection Act ;
h. explosives precursor for which a restriction applies: a precursor for explosives subject to a restriction as referred to in Article 3 (10) of the Regulation, as well as a precursor for explosives designated pursuant to Article 2 (2) thereof;
i. Precursor for explosives for which a notification requirement applies: explosives precursor for which a notification requirement applies as referred to in Article 9, first, third and fourth paragraph, of the Regulation, as well as a precursor for explosives designated pursuant to Article 2 (2) thereof;
j. suspicious transaction: suspicious transaction as referred to in Article 3 (8) of the Regulation;
k. the Regulation: the Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the placing on the market and use of explosives precursors (PbEU 2013, L 39).
1 This law applies to precursors for explosives for which a restriction applies and precursors to explosives for which a notification requirement applies.
2 By arrangement of our Minister and our Minister of Infrastructure and the Environment, precursors for explosives subject to a restriction and precursors for explosives for which a notification requirement applies shall be designated which, in addition to the substances referred to in Annexes I and II to the Regulation shall be subject to the functioning of this Act. It allows for lower limit values to be set than the limit values for the substances listed in Annex I to the Regulation and maximum concentrations can be fixed for the substances listed in Annex II. belonging to the Regulation.
1 It shall be prohibited to offer to a private person any explosives for which a restriction applies.
2 It is a private prohibition of precursors to explosives for which a restriction applies to the territory of the Netherlands, to be held or used.
3 The prohibitions referred to in paragraphs 1 and 2 shall not apply where the private person holds a licence.
1 Our Minister is empowered to issue a licence as intended Article 3, third paragraph , to be granted, to refuse, to suspend, to suspend, to withdraw, and to attach regulations thereto.
2 The licence shall not be transferable.
3 The authorisation shall be granted for a maximum period of two years.
4 The authorisation may be subject to requirements in respect of:
a. The use of the precursor for explosives for which a restriction applies;
b. Precautions to be taken for, inter alia, the transport, storage and use of the precursor of explosives for which a restriction applies, including for the prevention of use by others than the applicant;
(c) measures to be taken in the event of the disappearance or theft of the precursor of explosives for which a restriction applies; or
d. the particulars and documents to be stored by the applicant for the purchase of the precursor for explosives for which a restriction applies.
5 It shall be prohibited to act contrary to the rules referred to in the fourth paragraph.
6 The regulations of our Minister and our Minister of Infrastructure and the Environment may establish models of the authorization and other documents to be used for the implementation of the law.
1 In addition to the data referred to in Article 4: 2 of the General Administrative Law Act The following shall at least be provided in the application:
a. The telephone number of the applicant;
b. His email address;
c. the number of his identity document;
d. the address where the explosives precursor will be stored or will be used if it is not the address of the address.
2 By arrangement of Our Minister and Our Minister of Infrastructure and the Environment, rules are set about:
a. the place where the application is submitted;
b. the manner in which the application is submitted, and
c. which documents and data are to be supplied in addition to the data referred to in paragraph 1 of the application.
3 The treatment of an application for a licence may be subject to a charge for the reimbursement of an application by our Minister and our Minister of Infrastructure and the Environment.
1 Our Minister grants a licence as intended Article 3, third paragraph , if:
a. The applicant shall provide the data specified in Article 5, first paragraph , and the documents and information referred to in Article 5 (c), as provided for in Article 5 (2), have been produced;
(b) the applicant has submitted a certificate of behaviour as referred to in Article 28 of the Law and Criminal Justice Act which is not more than two months old;
c. In the opinion of our Minister, there is no reasonable alternative to the intended use of the precursor for explosives for which there is a restriction, which achieves a similar effect;
d. the application does not see to use in the exercise of an occupation, the intended use does not conflict with the law and the intended use in the judgment of Our Minister is proportionate in order to achieve the intended purpose; and
e. no presumption exists that the precursor for explosives for which a restriction applies will be used by the applicant for a purpose other than the intended purpose.
2 The authorisation shall not be granted where this is necessary for the protection of essential security interests or for reasons of public policy. The rules of our Minister and our Minister for Infrastructure and the Environment are subject to rules on the application of the first sentence.
1 The holder of a licence shall inform our Minister as soon as possible of any change in the particulars and documents received at the time of application for the authorization.
2 The licence may be suspended or withdrawn if:
a. No longer the conditions for the issue of the licence are not fulfilled;
(b) the authorisation has been issued on the basis of incorrect or incomplete information;
(c) the requirements of the authorisation have not been complied with; or
d. the first paragraph or a claim as referred to in Article 4 (1) Article 5:20 of the General Administrative Law .
1 It shall be prohibited to act contrary to the rules laid down in Article 5 of the Regulation and of the rules referred to in paragraph 2.
2 By arrangement of Our Minister and Our Minister of Infrastructure and the Environment, rules are laid down on how market participants offer precursors for explosives for which a restriction applies to individuals, including in any case rules on the design of the labels referred to in Article 5 of the Regulation and on the controls applied by economic operators in the provision of precursors for explosives for which a restriction applies.
1 It shall be prohibited to act contrary to the rules laid down in Article 9, first, third and fourth paragraph, of the Regulation.
2 The first, third and fourth paragraphs of Article 9 of the Regulation shall apply to the notification of the following: Article 2, second paragraph Designated precursors.
3 The rules of our Minister and our Minister for Infrastructure and the Environment are subject to rules on the notification referred to in paragraphs 1 and 2.
4 It shall be prohibited to act contrary to the rules referred to in the third paragraph.
1 With the supervision of compliance with the provisions of the Regulation, or of the provisions of or pursuant to this Law, the officials appointed by the decision of Our Minister shall be responsible. Our Minister may give general and special instructions to these officials about the implementation of supervision.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
Our Minister is empowered to impose a charge of periodic penalty payments to enforce the prohibitions and obligations laid down in or under this law and of the regulation.
1 Our Minister, or any under this Act or at the General Customs Act designated supervisor, provided at the request of the basket, referred to in Article 27 of the Polition Act 2012 , the personal data specified in Article 5, first paragraph , other information or documents for the benefit of the proper conduct of the police task, intended for the purposes of the Articles 3 and 4, 1st paragraph, of the Police Act 2012 .
2 Our Minister, or any under this Act or at the General Customs Act designated supervisor, provided at the request of the commander of the Royal Marechaussee the personal data specified in Article 5, first paragraph , other data or documents for the benefit of the proper execution of the police task by the Royal Marechaussee, as intended in Article 4 of the Polition Act 2012 .
1 Our Minister, or any under this Act or at the General Customs Act designated supervisor, shall receive the personal data referred to in Article 5, first paragraph , or other information or documents, in order to ensure the effective and effective implementation of this Act, of:
a. The basket head, for the purpose of Article 27 of the Polition Act 2012 , then
b. The commander of the Royal Marechaussee for the proper exercise of the police task, intended in Article 4 of the Polition Act 2012 .
2 Other governing bodies shall be empowered, on their own initiative and on request, to be made compulsory by our Minister, under the law or by the Commission. General Customs Act designated supervisory authority, the personal data specified in Article 5, first paragraph , or to provide other information or documents necessary for the implementation and supervision of compliance with this Act.
1 For the purpose of the efficient and effective implementation of this Act, personal data shall be processed. Our Minister is the responsible for this processing.
2 The personal data referred to in Article 5, first paragraph , and the documents and information provided pursuant to Article 5 (2) (c) shall be kept for three years, even if the licence is refused.
3 The personal data or other particulars or documents which have been transmitted by the Article 10 and 16 The officials responsible for supervising the exercise of their duties shall be kept for a maximum period of five years.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: precursors of explosives for explosives.
Burdens and orders that it will be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so will keep their hands on the precise execution.
Entry
Wassenaar, 25 May 2016
William-Alexander
The Minister for Security and Justice,
G.A. van der Steur
The State Secretary for Infrastructure and the Environment,
S.A.M. Dijksma
Issued the thirty-day May 2016The Minister for Security and Justice,
G.A. van der Steur
