The law's scope and purpose
section 1 of this Act apply to the handling, transfer and import of
flammable and explosive goods, and such preparatory
measures with regard to fire and
risk of explosion as well as the consequences of a fire or a
explosion.
The law's purpose is to prevent, prevent and reduce accidents
and damage to life, health, the environment or property as may
caused by fire or explosion caused by flammable
or explosives. The law will also prevent unauthorized
procedure with the goods.
section 2 of the Act does not apply to such carriage of flammable or
explosives falling within the scope of the Act (2006:263) on the transport
of dangerous goods. The law does not apply to the transport of
flammable goods effected in bulk in ships in so far as
the transport takes place in the ship's fixed tanks. Nor does it apply to
the law when flammable products used as fuel in ships
or aircraft.
The law does not apply to pyrotechnic articles which are part of
a vehicle, nor those parts in a vehicle
fuel system governed by other statutes.
section 3 For flammable goods under this Act
1. flammable gases,
2. flammable liquids, and
3. fire reactive products.
section 4 of The explosive substances are placed under this law
1. explosive substances and mixtures,
2. explosive articles, and
3. substances, mixtures and articles which are not covered by 1
or 2 but that is produced with the intention of eliciting an effect
by an explosion or a pyrotechnic effect.
Definitions
5 for the purposes of this Act, section
1. Management: production, processing, treatment,
packaging, MOR-ring, transport, use,
disposal, recycling, destruction, marketing,
maintenance, transfer and thus comparable procedures.
2. transfer: every physical movement in Sweden, or
to Sweden from countries included in the European economic
area (EEA) or country under agreements with
The European Union is part of the European Union's internal
market for goods. Movement within a single plant
does not transfer.
3. ' importation ' means the introduction into Sweden from country other than the country that
are members of the EEA or country under an agreement with the European
the Union is part of the European Union's internal market for
goods.
Requirements for the handling, transfer and import of flammable and
explosives
Prudential requirements
section 6 of The handling, transfer or import the flammable
or explosi-va goods shall take the measures and the
precautions necessary to prevent, reduce and
limit the casualties and damage to life, health, the environment or
property caused by fire or explosion
of the goods, and for the prevention of unauthorized procedure with
the goods.
Assessment requirements
section 7 of The engaged in licensable activities under the
This law shall ensure that there are adequate
study on the risk of accidents and damage to the life, health,
environmental or property caused by fire or
explosion caused by flammable or explosive goods and
If the consequences of such events.
Competence requirements
§ 8 The engaged in licensable activities under the
This law shall have the skills or access to the
skills needed with reference to the scope
and designate the properties.
His requirements
§ 9 The carrying on licensable activities under the
This Act shall designate one or more Director of
the business.
A manager's task is to promote the
the activities are carried out in accordance with the prudential requirements and with
compliance with other obligations under the Act
or regulations issued in connection with the Act. A
the licensee shall ensure that a Director is given the
powers and opportunities otherwise needed to he
or she should be able to carry out their tasks.
Licensing authority shall approve the Superintendent in
licensable activities with explosives.
Director of licensable activities with flammable
goods must be notified to the supervisory authority.
Building, construction and equipment requirements
section 10 of the buildings and other structures where flammable or
explosives are handled as well as facilities for the management of
such goods shall be established in a reliable manner with
account of the risk of fire and explosion and consequences
of a fire or an explosion. They should also be placed
so that the corresponding requirements in relation to
the surroundings. This also applies to areas of such buildings,
installations and appliances.
Storage and packaging requirements
section 11 of the various kinds of flammable or explosive goods may
not be stored or packed together or with other
articles about the risk of damage to the life, health, the environment or
property, caused by fire or explosion,
thereby increasing more than insignificant.
Approval requirements
section 12 to an explosive shall be placed on the market
It should have been judged to be consistent with what should be accepted
According to the provisions in force in the European economic
area or, if there is no such
provisions, have been approved by the authority that the Government
determines.
Trace requirements
13 § explosives consisting of explosives in flexible
or elastic leaf shape or other plastic explosives
may be entered in and out of the country or be handled here only if
the explosives are marked with tracers so that goods can be
be discovered.
Information requirements
section 14 of the manufacture, transfer or import the
flammable or explo-SIVE products to Sweden, or
placing such products on the market, by means of labelling or
otherwise the information about goods that are of
importance for assessing the risk of fire or explosion, and
the consequences of a fire or an explosion, or to
prevent unauthorized procedure with the goods.
Transfer requirements
section 15 explosives may be transferred or handed over only
to the person who has the right to handle the explosives of the kind
and in the amount of the transfer or transmission concerns.
Condition
section 16 of The handling, transfer or import the explosive
goods and the professional or in the larger variety of handles
flammable goods must have permission to do so.
Permit under this Act is not needed for the management of
flammable goods transport in pipelines for
the concession has been granted pursuant to lagen (1978:160) om
some pipes or under the natural gas Act (2005:403).
Activities must, however, meet the requirements for a permit
activities under this Act.
section 17 questions about permission to the handling of flammable goods
in the for-defence forces, the Swedish defence materiel administration,
Swedish defence research agency and the Swedish fortifications Agency
shall be examined by the Swedish civil contingencies Agency.
Questions about permission to the handling of flammable goods in
other cases should be examined by the municipality in which the management should
conducted.
section 18 of the Swedish civil contingencies Agency will examine
questions about permission to explosives which relate to
1. manufacturing, processing, treatment, disposal,
maintenance and recycling,
2. other handling that occurs in connection with such management
as mentioned in 1,
3. cross-border credit transfer,
4. import, and
5. such as the armed forces, the armed forces '
materiel, Swedish defence research agency and
The Swedish fortifications agency needs to have permission to.
Questions about permission to the management and transfer of
explosives in other cases shall be adjudicated by the municipality where the
the goods are handled. On the question of removable storage
storage and storage should be in more than one municipality, shall issue
be considered by the municipality in which the applicant resides or where
the activities mainly conducted.
section 19 of the licensing authority shall examine whether the applicant
State and its Director, if the Director shall
be approved in accordance with section 9, has the potential to handle,
transfer and import the flammable and explosive goods in
accordance with the law and the regulations issued in
adherence to the law.
The authorization shall be limited to a certain time and contain the
conditions necessary for the handling, transfer or
imports shall be made in accordance with paragraph 1, second subparagraph.
If there are special reasons with respect to fire and
risk of explosion as well as the consequences of a fire or a
explosion, the licensing authority may decide if new or
changed terms and conditions of the permit.
section 20 of The licence shall be revoked, if
1. a provision in the law, a precept given in
connection to the law or the conditions laid down in
under § 19 in any material respect is not complied with, or
2. it is essential to take account of
fire and explosion risk and consequences of a fire
or an explosion.
Supervision
section 21 of the authority which hears questions about authorization under
This law has also, in its field of activity, supervision
of compliance with the Act and regulations and decisions
a court in connection with the Act.
The armed forces may, with the consent of the authority for
social protection and readiness, instead of the Agency for
social protection and preparedness exercise some oversight over
The defence forces, defence Chief, the Swedish defence
Research Institute and Fortifikationsverkets management and
import of flammable and explosive goods.
The Swedish civil contingencies Agency, or the
authority that the Government has oversight over
the handling of flammable goods transported in such
pipeline for which a concession has been granted in accordance with the law
(1978:160) om vissa pipes or under the natural gas Act
(2005:403).
section 22 of the Swedish civil contingencies agency exercises
market control over
1. flammable and explosive characteristics of goods, placing
and making available on the market, as well as
2. such products that are used for the handling of
flammable and explosive goods and for which the authority
has issued regulations.
section 23 of the Swedish civil contingencies Agency will coordinate
to-synsmyndigheternas activities and help them in their
work with the supervision according to this law.
section 24 a supervisory authority has the right to request the
information and documents needed for supervision.
For supervision have supervisor access
for areas, buildings and other facilities used in
dealing with flammable and explosive goods
and may make examinations and taking samples. For a sample
the authority will take will not be paid compensation.
The police authorities shall provide the necessary assistance for the
supervision.
section 25 of the supervisory authority shall communicate the injunctions and
ban needed to act and regulations and decisions
in connection with the law should be complied with.
A decision on the injunction or prohibition may be subject to a penalty.
If someone does not follow what has been specified in an order
or a ban pursuant to the first subparagraph, a
supervisory authority decide for the rectification, at his expense.
Is possible to notify an injunction or
ban, such a decision without any
injunction or prohibition, if the supervisory authority
in view of the risk of serious injury or other
specific reasons, finds that rectification should be made without delay.
Municipal organization
paragraph 26 of A municipality's duties under this Act to be performed by
one or more boards.
A municipality may conclude an agreement with another municipality if they
information that the municipality has under this law totally or partially
to be performed by the other municipality. Such agreements may
a municipality to provide services to another municipality.
A municipality may also, with the agreement of another municipality
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 anyone who makes such decisions.
By the local Government Act, it follows that municipalities may have a common
Organization of information in accordance with this Act.
Fees
27 § Fees under this Act may be applied for
authorisation, supervision, sampling and examination of
sample, the approval of the Director, approval of explosive
be and a decision on whether or not a product is considered to be a
explosive.
For such supervision as is market surveillance under this Act
may charge for supervision and for sampling and testing
samples of the goods will be charged only if the investigation
turns out that the article does not meet standards.
Responsibility
section 28 of The who with intent or by gross negligence violates 6
§ shall be liable to a fine or imprisonment of up to one year.
To a fine person who wilfully or negligently:
1. violates any of the requirements set out in paragraphs 7 to 15, or regulations
given by virtue of section 36 and responsibility cannot be judged
out in accordance with the first subparagraph,
2. provide false information about the relationship of importance in a
the application or other document to be given under this Act
or according to the rules given in connection with the
the law, or
3. failure to comply with a request referred to in paragraph 24 of the first
paragraph.
section 29 those who negligently violates paragraph 16
shall be liable to a fine.
Anyone who with intent or by gross negligence violates section 16
the first subparagraph shall be liable to a fine or imprisonment of up to one year.
If wilful crimes relating to explosives and are considered to be
rough term of imprisonment of not less than six months and not more than four
year. In determining whether the offence is aggravated, special consideration shall be
the risk that the explosives had been able to get to
criminal use and designate the degree of hazard and
the extent of illegal possession.
section 30 of the minor cases are judged not to liability under this Act.
To liability under section 28 or under section 29 of the first or second
paragraph are sentenced not about responsibility for the offence may be imposed according to
the criminal code or under the Act (2000:1225) of punishment for
smuggling.
Those who have violated a penalty payment mechanism or a
injunction is sentenced not to liability under this Act for
the Act covered by the injunction or prohibition.
section 31 unless it is patently unreasonable, the following property
be declared forfeited:
1. be subject to a criminal offence under this Act, or
the value of such a product, and
2. Exchange of offences under this law.
If a flammable or explosive is declared forfeited,
also get va-rans packaging declared forfeit.
32 § a device for handling flammable or
explosives or other property that has been used as
assistive products for offences under this law may be declared
forfeited, if the forfeiture is necessary to prevent crime
under this Act, or if there are special reasons.
The same applies to property which has been designed to be used as
assistive products for offences under this Act, if the crime was
been completed. Instead of the property gets its value explained
forfeited. In chapter 36. 5 and 5 (b) of the criminal code, see
provisions on confiscation and with whom may be on special
the right to forfeit property.
If a device is declared forfeited, will also receive the
content and packaging be declared forfeited.
Professional secrecy
section 33 The taking or have taken a position on a case
referred to in this law may not improperly disclose or exploit
what he or she learned in that regard if anyone's business or
operating conditions.
In the public activities apply instead the provisions
in publicity and secrecy (2009:400).
Appeal
§ 34 A municipality's decision under this Act or under the
regulations that have been issued in connection with the Act,
be appealed to the provincial government. The County Board's decision may
be appealed to the administrative court.
Swedish civil contingency decisions pursuant to
This law or according to the rules given in
connection to the law may be appealed to the General
Administrative Court.
Leave to appeal is required for an appeal to the administrative court.
§ 35 an authority may determine that its decision under this
law or by regulations that have been issued in connection
the law should apply even if the decision is appealed.
Appropriations
36 § Government or authority the Government determines
may 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 application of the law in respect of certain product
or specific management, transfer and import,
5. the measures and precautions referred to in section 6,
6. the investigation referred to in section 7,
7. the skills referred to in section 8,
8. the Director referred to in section 9,
9. building, plant and apparatus referred to in section 10
and that such a building, facility or device may not
use, sale or sold if not after verification
through technical testing, inspection or other survey
has been found to be satisfactory from the protection point of view,
10. storage and packaging set out in section 11,
11. the approval referred to in section 12,
12. What is to be understood with plastic explosives specified in
section 13 as well as on how such labelling with trace element should occur,
13. the information referred to in section 14,
14. handling of questions about permits,
15. the handling, transfer or importation of a flammable
or explosive shall be prohibited, whether such a prohibition
is of particular importance with regard to fire and
risk of explosion as well as the consequences of a fire or a
explosion, and
16. fees under this Act.
The municipality may provide for fees
According to this law, when it comes to its own operations.
Transitional provisions
2010:1011
1. This law shall enter into force on september 1, 2010.
2. by law repeals Act (1988:868) If flammable and
explosives.
3. The armed forces, the Police and the security police,
until 31 december 2021 handle plastic
explosives were manufactured or imported before 1
April 2007 although they are not marked with the element.
Law (2014:692).
4. The Government or the authority, as the Government determines
may provide that goods that are authorized
or approval under the old law but which, due to
requirements of EU directives shall be CE-marked, shall bear the "CE"
labelling.
5. Issues submitted to the licensing authority before
entry into force but has not yet been determined, shall be adjudicated according to the
the old law. The old law still applies for
the appeal of the decision in such cases.
