Cross border: Authorization for the trade of explosives and explosive devices

Αρμόδιος φορέας: ΥΠΟΥΡΓΕΙΟ ΠΡΟΣΤΑΣΙΑΣ ΤΟΥ ΠΟΛΙΤΗ

Κωδικός Υπηρεσίας: 4035.1

Χρόνος Διεκπεραίωσης: 120 days

Κόστος: Administrative fee of 90€, Hellenic Police fee stamp of 90€, Army Pension Fund fee stamp of 90€.

Nομικό Πλαίσιο: Article 6 § 3 of Law 2168/1993 (Official Gazette of the Hellenic Republic, Issue A’, Sheet 147), Articles 1 & 2§5 of Ministerial Decision 3009/2/23-a of 31.8.1994 (Official Gazette of the Hellenic Republic, Issue B’, Sheet 696).

Περιγραφή

The dealer, who can be any natural or legal person, shall sell explosives and explosive devices he/she transfers from EU Member States or imports from third countries to other natural or legal persons who are involved/occupied in mines-quarries and relevant undertakings.

Γενικά Δικαιολογητικά

  • Application.
    Application of the person concerned stating the reasons and the type of the authorization requested, as well as the following details: (a) For natural persons: surname, name, father’s name, mother’s name, date and place of birth, home address, ID card or passport number, date of issue and issuing authority, profession, telephone and fax number. (b) For legal persons: company name or business name and registered office, as well as the details of the company’s legal representative.
  • Certificate.
    Medical certificate showing the state of the mental health of the person concerned issued by a neurologist-psychiatrist or a pathologist, as regards natural persons or the representatives and the managers of public limited liability companies (A.E.) and limited liability companies (E.P.E.), the general partners of general partnerships (Ο.Ε.) and limited partnerships (E.E.) or the members of the Board of Directors of associations. The doctor shall hand over the certificate to the person examined enclosed in a sealed envelope. The police authority responsible for the issuance of the authorization shall check the envelope and refuse to receive it if unsealed.
  • Copy of the articles of association or the memorandum of association, for legal persons of other form
    This document is submitted in case of legal persons with the exception of public institutions, banks, and public facilities.It must be submitted once (initially) and obligation for the submission of a new document is being created only if a change in its contents occurs.
  • Copy of the instrument of appointment of a representative of the Board of Directors of the Public Limited Liability Company (A.E.).
    This document is submitted in case of legal persons with the exception of public institutions, banks, and public facilities.It must be submitted once (initially) and obligation for the submission of a new document is being created only if a change on the represantation of the legal person occurs.
  • Medical certificate showing the state of the mental health of the person concerned issued by a neurologist-psychiatrist or a pathologist, as regards natural persons or the representatives and the managers of public limited liability companies (A.E.) and limited liability companies (E.P.E.), the general partners of general partnerships (Ο.Ε.) and limited partnerships (E.E.) or the members of the Board of Directors of associations
  • Solemn Declaration
    A solemn declaration as per Law 1599/86 of the person concerned stating that the declarant does not fall under the prohibitive provisions of Article 18 of Law 2168/1993 and that he/she is not absconder or fugitive from justice.
    (Απαραίτητο έγγραφο)

Αυτεπάγγελτα δικαιολογητικά

  • Copy of the person’s criminal record (type A).
    Full copy of the person’s criminal record (type A) as per subparagraph c’ of the present. - With the exception of public institutions, banks, and public facilities, if the authorization is requested by a legal person, the following supporting documents shall also be submitted: a. A certified copy of the instrument of appointment of a representative of the Board of Directors of the Public Limited Liability Company (A.E.). b. A certified copy of the articles of association or the memorandum of association, for legal persons of other form. The aforementioned supporting documents shall be submitted once; only in the case of modifications to the articles of association, shall the supporting documents be submitted again.

Ειδικά Δικαιολογητικά

  • Certified copy of the factory or laboratory operation license.
  • Certified copy of the warehouse operation license.
    A certified copy of the warehouse operation license for the storage of the above items, if the quantity of such items is greater than that provided for in the Joint Ministerial Decision 3329/89. Note: Where an authorization has been granted within one (1) year, after the submission of all supporting documents necessary for granting a similar authorization, only the submission of an application is required
  • Solemn Declaration of the person concerned, stating that: i) he is not partner in a Private Security Company which functions as General Partneship (Ο.Ε) or Limited Partnership (Ε.Ε). ii) he is not representative, manager, member of the Board of Directors or partner of a Private Security Company which functions as a Public Limited Liability Company (Α.Ε). iii) he is not an employee of a Private Security Company.
    (Απαραίτητο έγγραφο)
  • Three Photographs.
    Three (3) photographs

Προϋποθέσεις

The authorization for the trade of explosives and explosive devices shall not be granted to those whose trial has finally been disposed of in respect of: a) acts prescribed by law and punished as felonies; b) violations of the laws on narcotic drugs and the protection of society against organized crime, breach of the provisions related to fishing with explosives or toxic substances and breach of the provisions of Article 15 of Law 2168/93; c) any misdemeanor prosecuted by force of law (ex relatione) and committed intentionally for which the offender has been irrevocably sentenced to at least one (1) year of imprisonment, as well as any misdemeanor provided for in Law 2168/93, irrespective of the sentence imposed. This prohibition applies for a period of five (5) years after the service of the sentence or the release on pardon and, in the event of a reprieve, for the duration of the reprieve. Furthermore, the authorization shall not be granted to: a) whoever cannot guarantee the safe storage and use of the firearms and other objects referred to in Law 2168/93, especially those suffering from or having been hospitalized for psychasthenia, psychopathy or any other psychoneurotic disorder; the state of health of such persons shall be confirmed by a medical certificate; b) persons under 18 years of age, unless otherwise provided for in Law 2168/93. Authorizations for the trade of explosives and explosive devices shall not be granted to members of the Board of Directors of target shooting associations, to owners or operators of shooting ranges and to their first and second degree relatives through blood or marriage. The relevant authority may refuse to grant such authorization to persons against whom criminal proceedings for the aforementioned violations are pending. In the event that an authorization is granted to a legal person, the aforementioned conditions-impediments shall apply to the members of the Board of Directors of associations, to the members of the Board of Directors, the representatives and the managers of public limited liability companies and limited liability companies, and to all the partners of companies of other forms.

Διαδικασία

Step 1: The application for grant of authorization for the trade of explosives and explosive devices shall be submitted to the relevant service of the place where the warehouse is located.

Step 2:: The aforementioned police service shall receive the supporting documents and submit them in hierarchical order, together with its proposals, to the service responsible for the issuance of the authorization required.

Step 3:: The service receiving the supporting documents shall appoint an inspection committee consisting of three police officers and chaired by a senior police officer for the purpose of checking whether the dealer meets the required security conditions. If such conditions are not met, it is recommended in written that the dealer should adopt all necessary measures within a certain time-limit, after the expiry of which a second inspection shall be carried out. In the event that the person concerned does not conform to these recommendations, the application is rejected.

Step 4: The service responsible for the issuance of the authorization requested shall check whether the conditions provided for by the legislation in place are met. If so, it grants the authorization. If not, or in the event that not all supporting documents provided for have been produced, it rejects the application by a justified decision served to the person concerned with proof of receipt.

Σημειώσεις και επεξηγήσεις

Responsible Authority for provision: Hellenic Police Headquarters
                                                    State Security Division
                                                    Weapons & Explosives Department
                                                    4, P.Kanellopoulou Ave.
                                                    GR 101.77 Athens

Correlated Authorities: Ministry of Regional Development & Competitiveness

Responsible Authority for complaints: Place competent police services

Related Links: www.astynomia.gr

Επιστροφή

Θεματική Κατηγοριοποίηση

Επαγγελματικές Δραστηριότητες: G.46.1.8 - Agents specialised in the sale of other particular products