Law (2010:1011) Of Flammable And Explosive Goods

Original Language Title: Lag (2010:1011) om brandfarliga och explosiva varor

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:1011

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.