Law (2014:799) On Explosives Precursors

Original Language Title: Lag (2014:799) om sprängämnesprekursorer

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:799

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.