Regulation (2010:1075) Of Flammable And Explosive Goods

Original Language Title: Förordning (2010:1075) om brandfarliga och explosiva varor

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1075

Introductory provisions



section 1 of this Regulation applies to flammable and explosive goods

According to



Act (2010:1011) of flammable and explosive goods.



section 2 of the trace requirement in paragraph 13 of the Act (2010:1011) If flammable

and explosives do not apply to plastic explosives



1. in small quantities is needed only for



a) research, development or testing of new or modified

explosives,



b) training in the detection of explosives or development

or testing of equipment for detection of explosives,

or



c) forensic investigations, development of

criminal investigative or legal purposes,



2. handled by regulatory authorities in connection with their

supervision of these, or



3. constitute a component of approved military devices

held by armed forces, Police or

Security police on 1 January 2007, or manufactured

in the three years thereafter.



To be eligible for the exemptions provided for in the first subparagraph of paragraph 1,

permission from the Swedish civil contingencies Agency.

Regulation (2014:1229).



Approval of explosives, etc.



paragraph 3 of the Swedish civil contingencies agency should, if any

requests it, inform decisions about a product is to be regarded as a

explosive. The applicant shall submit the supporting documents required for

trial.



section 4 If an explosive is not subject to assessment of

conformity in accordance with the rules in

The European economic area, the Authority for

civil contingencies agency determine whether the product should be placed

on the market. In such cases, the authority may authorize the

explosive is placed on the market.



paragraph 5 of the Swedish civil protection and rescue decision

approval of an explosive to contain



1. information on how the goods should be classified,



2. information on the conditions that apply to the product, and



3. the information is otherwise required.



section 6 of the Swedish civil contingencies Agency shall revoke

an issued approval of an explosive if

the conditions for approval are no longer met.



Requirements for the handling, transfer and import of flammable and



explosives



paragraph 7 of an explosive may be handled, transferred or imported

only by the age of 18 years.



section 8 in areas where flammable or explosive goods

be handled, it is prohibited to use fire or other

ignition sources if this involves more than a small risk of accidents

with the goods.



§ 9 The carrying on licensable activities shall consult

with the regulator about the risk of accidents can

is minimized, if such consultation is required with respect to

changes in operations, repair or

maintenance works or other deviations from the normal

handling.



10 § loss of explosives shall be notified immediately to the

The police authority.



Those who have access to explosives without authorisation,

immediately inform the police.

Regulation (2014:1229).



section 11 of the activity that is subject to licensing requirements under the Act

(2010:1011) of flammable and explosive goods must

the licensee shall be able to present the explosives

handled, transferred or imported.



section 12, an accident Occurs as a result of a fire or

explosion at the licensed handling flammable

or explosives or handling of such goods

in the armed forces, the Swedish defence materiel administration, the Swedish defence

Research Institute or the Swedish fortifications Agency, shall

licensee shall promptly inform the supervisory authority of

the accident. The same applies if there is an event that has

meant a high risk of such an accident would have

been able to occur.



Condition



Exemption from permit requirement



section 13 a supervisory authority under the Act (2010:1011) if

flammable and explosive goods do not need to be licensed

to such handling of flammable and explosive goods

in the context of supervision. Law enforcement and

Security police need not be licensed to manage

explosives.



Customs Service and the Coast Guard does not have to be licensed to

such handling of explosives that occurs in connection with

the seizure of the goods.



The armed forces, the Swedish defence materiel administration, the Swedish defence

Research Institute and the Swedish fortifications agency needs

permission only to



1. the manufacture of explosives,



2. such a review of ammunition from risk is

comparable to manufacturing,



3. storage of explosives at fixed locations, and



4. handling of flammable goods except in the case of field commercial

exercise. Regulation (2014:1229).



Handling licensing matters



section 14 Before the Swedish civil contingencies Agency, or

a municipality will notify the authorisation for the handling of

flammable or explosive goods, they shall, unless the

the circumstances of the case makes it unnecessary to consult with

each other and with



1. the other municipal or governmental authorities concerned

of the case, and



2. The police authority.



When a tillståndsärende in the case of explosives begins

licensing authority shall inform the police.

Regulation (2014:1229).



section 15 Permits for the manufacture of such explosives

constitutes war material under the Act (1992:1300) of munitions

may only be notified to the authorised under the

the Act or in the Act have been excluded from

obtain a permit.



section 16 When a State notified the licensing authority

decide that the management must not be started before the

equipment and facilities to be used for handling

have avsynats.



section 17 in a case concerning authorisation, a decision of

the licensing authority within three months after a

complete application came in to the Office. If it is

necessary because of the investigation of the case,

the processing time for a maximum of one time extended for

a maximum of three months. The applicant shall be informed of the reasons for that

turnaround time is extended before the original

the deadline has expired.



Paragraph 8 of law (2009:1079) on services in the internal market

provides for an acknowledgement of receipt should be sent

to the applicant when a complete application has been submitted and if

the content of such evidence.



A decision to extend the processing time may not

subject to appeal.



section 18 If the licensing authority requests that the applicant must produce:

certificates, certificate or other similar documents that show that

a specific permit requirements are met, it shall accept

the corresponding document from a State of the European

economic area. However, the authority may request that

the document should be submitted in the original or in authenticated copy or

in the form of a certified translation. The authority may

always request a non-certified translation of the document

to Swedish.



The permit holder's obligations



§ 19 Of the authorised applicants for new or changed

permits, handling, transfer and import take place according to the

previous state to its licensing authority has

considered the question, if the licensing authority admits it.



If an authorization to possess explosives have ceased to

apply, should it nevertheless continued in possession of the goods to manage them

on the way in which the licensing authority specifies.



section 20 When a licensable activity is transferred to a new

operators may continue to be carried out

under a previously announced authorization provided

to the change of operators in advance notified to

licensing authority and that an application for a new licence

be submitted within three months after the change has occurred.

The licensing authority shall notify the police when a

notification of a change of operator has entered into

authority.



When a physical person who had a licence for the management of

flammable or explosive goods has died, the estate

promptly notify the licensing authority about this. The estate

may continue to manage the licensed goods

According to the previously announced the condition even if

the Director is missing. The management, however, may last for a maximum of three

months after death if the estate does not apply for a new

State. Before the issue of new licences been tried may, however,

only such management be made as is necessary for the management

of the estate. Regulation (2014:1229).



section 21 before the transport of such explosives

The Swedish civil contingencies agency specifically identifies

to the defence forces and the Swedish defence materiel administration, each

in its area, in each case, consult the

The Swedish civil contingencies Agency.



Notification of breach



section 22 has anyone been convicted of violating the law (2010:1011) if

flammable and explosive goods or regulations

issued pursuant to the Act, the Court which tried the case

send a copy of the judgment to the Swedish civil

and preparedness and to the municipality in which the offence was committed.



Market control



section 23 of the Swedish civil contingencies Agency is in question

If flammable and explosive goods and products

used for the handling of flammable and explosive goods

for which the Agency has issued regulations

market surveillance authority referred to in article 19, 24(2), 26, 27(2),

28 and 29 of the European Parliament and Council Regulation (EC) no

765/2008 of 9 July 2008 setting out the requirements for accreditation and

market surveillance relating to the marketing of products and

repeal of Regulation (EEC) No 339/93.



section 24 of the Swedish civil contingencies Agency, in

accordance with regulation 765/2008 and in the case of flammable

and explosives




1. inform the public about the Agency's activities under

Article 17(2),



2. establish procedures under article 18(2),



3. develop market surveillance programmes, send

notifications of applications and make them available for

public in accordance with article 18 (5),



4. perform the duties arising from articles 20-22 and

23(2), and



5. cooperate with the other in accordance with article 24(4).



Appropriations



Article 25 of the Swedish civil contingencies Agency,

provide for



1. goods which, by reason of its characteristics or its

composition or other reason must be regarded as

flammable or explosive goods,



2. classification of flammable and explosive goods,



3. flammable and explosive characteristics of goods and

performance,



4. exemptions from the permit requirement referred to in section 16 of the Act

(2010:1011) of flammable and explosive goods,



5. exceptions to the application of the law on flammable

and explosives and regulations that have been issued

with the support of the law in respect of specific goods or certain

management, transfer or import,



6. that the provisions for approval of explosives

and on the approval of the Director of operations with

explosives will also be applicable to a

fire reactive product,



7. the matters referred to in section 36 5-13 the law on flammable

and explosives,



8. the handling, transfer or importation of a

flammable or explosive shall be prohibited if the

It is of particular importance with regard to fire and

risk of explosion as well as the consequences of a fire or a

explosion,



9. charges under the law on flammable and

explosives regarding their own activities,



10. that the goods, which have a permit or approval in accordance with

older provisions relating to flammable and explosive goods

but that because of EU directives shall be CE-marked,

instead should bear the "CE" marking, and



11. exceptions to the age limit in section 7, to the extent

It is possible with regard to the rules applicable in the

European economic area (EEA).



When the Swedish civil contingencies agency notifies

regulations on Fireworks that are managed by the

the public authority shall, to the extent that it is

possible with regard to the rules applicable in the EEA,

only allow such fireworks which have different

main purpose than to emit fog. With

Fireworks provided explosives containing

pyrotechnic substances emit light or sound effects and is

designed for pleasure. Regulation (2010:1160).



section 26 of the armed forces shall, after consultation of the Authority for

public safety and emergency preparedness, provide for



1. handling of flammable and explosive goods in their

own defence Chief, the Swedish defence

Research Institute and Fortifikationsverkets area, and



2. exemptions from the application of the law (2010:1011) if

flammable and explosive goods and provisions

issued pursuant to the Act, in the case of field commercial

exercise, during preparedness and when there are reasons of

the utmost importance for the country's security.



Transitional provisions



2010:1075



This Regulation shall enter into force on september 1, 2010. By

the regulation repeals the Ordinance (1988:1145) where flammable

and explosives and Sprängämnes regulations

(SÄIFS 1999:4) on charges for the Inspectorate's activities.