The law's content
section 1 of this Act contains provisions which complement
European Parliament and Council Regulation (EC) No 98/2013 of
15 January 2013 on the marketing and use of
explosives precursors.
Expression in law
2 § With substance, mixture, supply, import,
use, individual, suspicious transaction, economic
operator and explosives precursors as covered by
the restrictions referred to in this law is the same as in article 3 of
European Parliament and Council Regulation (EC) No 98/2013.
Condition
3 § despite the ban in article 4(1) of the directive of the European Parliament and of
Council Regulation (EU) No 98/2013, individuals are given
authorization to acquire, establish, possess and use
hydrogen peroxide and nitric acid, nitromethane, and mixtures
contain these substances, over the concentration limits
set out in Annex i to the European Parliament and of the Council
Regulation (EU) No 98/2013.
section 4 of the questions on the State review by the authority
the Government (licensing authority).
Introduction
paragraph 5 of the competent authority in accordance with article 4(6) of
European Parliament and Council Regulation (EC) No 98/2013
the Government authority determines.
Supervision
section 6, a municipality shall be responsible for the supervision of the
the provisions of article 4 and 5 of the European Parliament
and Council Regulation (EC) No 98/2013 are followed within the municipality.
paragraph 7 of a supervisory authority has the right to request the
information and documents needed for supervision.
A supervisory authority has the right to have access to premises
in which the economic operator carries out its activities. This
does not apply to areas that make up someone's home.
The police authorities shall provide the necessary assistance to
supervision shall be carried out.
section 8, a supervisory authority may notify the injunctions
needed for a European Parliament and Council Regulation (EU)
No 98/2013 shall be followed.
A decision on the injunction may be subject to a penalty.
§ 9 a municipality may conclude agreement with another municipality if that
the information that the municipality has under this law totally or
Part shall be carried out by the other municipality.
A municipality may, with the agreement of another municipality also
instruct an employee in the second municipality to decide on
the municipality's behalf in a particular case or a particular group of
matters, other than those cases referred to in Chapter 6. 34 §
Local Government Act (1991:900). The provisions of Chapter 6. 24 – 27 §§
and section 35 municipal conflict of interest Act and the notification of the decision to
Board shall apply to the hearing such cases.
National contact point
section 10 of the authority that the Government determines to be
national contact point pursuant to article 9(2) of
European Parliament and Council Regulation (EC) No 98/2013.
Fees
section 11 of the Fee may be charged for the authorisation and supervision
According to this law.
Penalties and forfeiture
12 § the contravenes the prohibition laid down in article 4(1) of
European Parliament and Council Regulation (EC) No 98/2013
by providing, acquire, possess or use
explosive precursors subject to restrictions, but
a permit issued under paragraph 3 of this law, is sentenced to a fine
or imprisonment not exceeding one year. If the act committed by
negligence is sentenced to a fine.
If the offence referred to in the first subparagraph is to be regarded as serious is
the punishment of imprisonment, a minimum of six months and a maximum of four years. At
the assessment of whether the offence is aggravated, it should particularly be taken into account
If the Act intended particularly large amount, otherwise by
particularly dangerous nature or involved a significant risk that
sprängämnesprekursorerna had been able to get to the criminal
use.
paragraph 13 of The who do not report suspicious transactions
or attempt thereof or significant disappearances or
theft in accordance with article 9(3) or 9(4) of
European Parliament and Council Regulation (EC) No 98/2013 is sentenced
to a fine or imprisonment not exceeding six months. If the Act
committed with gross negligence shall be liable to a fine.
section 14 of the call transfer shall not be liable under the
This law.
To liability under paragraph 12 or under section 13 shall be liable
It's not about responsibility for the deed for by
the Penal Code, the Act (2000:1225) on penalties for smuggling or
Act (2003:148) if the penalties for terrorist offences.
15 § sprängämnesprekursor which has been the subject of crime
According to this law shall be declared forfeited, if it is not
manifestly unreasonable. Even the exchange of such an offence,
be declared forfeited, unless it is manifestly unfair.
If a sprängämnesprekursor under this law explained
forfeit, will also have its packaging declared forfeit.
section 16 of the Property used as a means for offences under
This law may be declared forfeited, if necessary to
Prevention of offences under this law, or if it otherwise
special reasons. Instead of the property gets its value
be declared forfeited.
Appeal
section 17 of The decision may be appealed to the
General administrative courts.
The regulatory authority's decision under this Act may be appealed
the County Administrative Board. The County Board's decision may be appealed to the
General administrative courts.
Leave to appeal is required for an appeal to
the administrative court.
section 18 a decision on withdrawal of a
permission shall be effective immediately unless otherwise stated in
the decision.
Authorization
section 19 of the Government, or after the Government's authorizing a
administrative authority or a municipality, may notify the
regulations on
1. information that an application for a permit shall include,
2. management of the condition,
3. recognition of an authorisation issued by the competent
authorities of other Member States in accordance with article 7(6) of
European Parliament and Council Regulation (EC) No 98/2013,
4. supervision,
5. the fee for a licence under this Act, and
6. the labelling of packages containing
explosive precursors as covered by the restrictions.
The municipality may provide for fees
under this Act in relation to local government
supervisory activities.
