LIETUVOS RESPUBLIKOS Official translation REPUBLIC OF LITHUANIA LAW ON THE CONTROL OF CIRCULATION OF EXPLOSIVES 28 January 2003 No IX-1315 (As last amended on 12 May 2005 – No X-186) Vilnius CHAPTER ONE GENERAL PROVISIONS Article
- Purpose, Aim and Scope of the Law
- This Law has the aim of regulating the circulation of explosives, explosive materials and means of detonation (hereinafter referred to as “explosives”), and harmonising it with a legal act of the European Union indicated in the Annex to this Law with a view to ensuring the security of persons, the public and the State.
- The purpose of the Law shall be to stipulate the legal principles of circulation of explosives and control thereof, also to establish the rights and duties of the entities whose activities are related to explosives.
- This Law shall not regulate the circulation of explosives as carried out by the Ministry of National Defence, the Ministry of the Interior, the State Security Department, state institutions within their sphere of management, also when this circulation is carried out, in performing the assignments of military operations, exercises and other events of military co-operation, by the military elements of foreign states which have entered the territory of the Republic of Lithuania on the grounds and in accordance with the procedure laid down by the law. Article
- Definitions
- Certificate of conformity shall mean a document issued according to certification rules and evidencing that a product, process or service marked in the required manner is in conformity with a certain standard.
- Detonation shall mean the spreading of an explosion in an explosive material.
- Velocity of detonation shall mean the time within which a strip of an explosive material of the established length explodes upon attaching an explosive impulse to one of its ends.
- Manufacturer shall mean an undertaking registered in the Republic of Lithuania and holding a licence issued for the manufacturing of explosives in accordance with the procedure established by the Government.
- Explosives broker (hereinafter referred to as the “broker”) shall mean a person representing the interests of the manufacturer, trader or user, where the manufacturer, trader or user enters into contracts on the acquisition or sale of explosives.
- Professional user of explosives (hereinafter referred to as the “professional user”) shall mean an undertaking holding a licence issued for the use of explosives in accordance with the procedure established by the Government.
- Demolition devices shall mean the body of auxiliary installations, fittings or materials intended for the performance of blasting work.
- Explosion shall mean a change in the physical condition of a material occurring at a particularly high speed and leading to a sudden release of a large quantity of energy in a limited volume.
- Circulation of explosives shall mean the manufacturing, sale, transfer, acquisition, possession, storage, transportation, use, seizure, handling, destruction, also import, export and transit of explosives across the territory of the Republic of Lithuania.
- Manufacturing of explosives shall mean the production and testing of explosives, assessment of conformity and marking thereof.
- Use of explosives shall mean blasting of explosives in order to make use of their explosive characteristics.
- Explosive device shall mean a device specifically manufactured to cause an explosion under certain conditions.
- Blasting agent shall mean a chemical compound or mixture which, under the influence of a shock, spark, flame, friction or another external impulse, is capable of exploding. CHAPTER TWO CLASSIFICATION OF EXPLOSIVES Article
- Application of Classification of Explosives The classification of explosives as introduced in this Law shall not apply to classification of the devices specifically manufactured to cause an explosion under certain conditions as well as of demolition devices. Article
- Grouping of Blasting Agents According to their purpose, blasting agents shall be of the following types: 1) propellants (powders) – the mixtures or compounds of chemical substances characterised by non-explosive burning and intended to perform a certain work in a closed volume without destroying interacting particles; 2) primary explosives – the compounds of chemical substances characterised by a greater sensitivity to a shock, friction, flame or another influence and used to cause an explosion of other explosive materials; 3) high explosives – the mixtures or compounds of chemical substances intended to perform a certain work by destroying interacting particles. Article
- Grouping of Propellants (Powders) Propellants shall be divided into the following groups: 1) mixtures of chemical substances (black powders); 2) compounds of chemical substances (smokeless powders). Article
- Grouping of High Explosives High explosives shall be divided into the following groups: 1) high performance (velocity of detonation exceeds 7500 m/s); 2) medium performance (velocity of detonation ranges between 5000 and 7500 m/s); 3) low performance (velocity of detonation is below 5000 m/s). CHAPTER THREE EXPLOSIVES’ SAFETY CONTROL Article
- General Safety Requirements
- Explosives must be designed, manufactured and circulated in such a way as to pose the smallest danger possible to human life and health, the environment and property, provided safety rules are complied with and the explosives are properly used.
- Explosives must be designed and manufactured in such a way as to ensure that their destruction causes the smallest possible damage to the environment.
- Explosives must be tested under real conditions, and where it is not possible to create real conditions within a laboratory – the conditions under which they are planned to be used.
- When examining the safety of explosives, the following characteristics of them and information must be taken account of: 1) construction and characteristic properties, including chemical composition, continuity of mixing and granulation of substances; 2) physical and chemical stability in various environmental conditions; 3) sensitiveness to impact and friction; 4) physical and chemical compatibility of components; 5) chemical purity; 6) resistance against influence of water; 7) resistance to low and high temperatures (where the explosive is intended to be used in an environment characterised by such temperatures and its safety and reliability may be affected); 8) suitability for use when a discharge of firedamp, hot masses are likely to affect the environment or under hazardous conditions, where the explosive is intended to be used under such conditions; 9) safety features intended to prevent inadvertent initiation or ignition; 10) instructions and, where necessary, markings in respect of the safe use of explosives, their storage in a warehouse and destruction; 11) suitability of the explosive, packaging and other components thereof for storage in a warehouse until the date indicated by the manufacturer; 12) a list of the means required for a safe and reliable use of the explosive.
- Requirements for explosives shall be as follows: 1) the proposed way of blasting must ensure a reliable and complete detonation of the explosive; 2) the chain of explosives must transmit the detonation reliably along its entire length; 3) the gases produced when blasting the explosives intended for underground blasting work may contain carbon monoxide, nitrogen compounds and other gases, vapours or airborne solid residues only in quantities which do not impair human health under normal operating conditions; 4) explosives must be resistant against influence of water.
- Requirements for demolition devices shall be as follows: 1) the external cover of igniter fuses, detonating fuses and igniter cords must be sufficiently resistant to protect the explosive filling against external mechanical stress; 2) the packaging or usage instructions must contain the burning time of igniter cords, the actual burning time must correspond to that indicated; 3) the reliability and performance of igniter fuses may not deteriorate over the entire period of storage in a warehouse under the indicated most unfavourable environmental conditions; 4) detonators must ensure a reliable blasting of an explosive in any environmental conditions; 5) reliability of detonating relays must be sufficiently large; 6) the delay time dispersion of delay detonators must be the least possible; 7) the electrical parameters of electric detonators must be indicated on the packaging; 8) the wires of electric detonators must be of sufficient insulation and mechanical strength, reliably affixed and electrically linked to the detonators.
- Requirements for propellants shall be as follows: 1) these materials must not detonate when used for their intended purpose; 2) these materials must be sufficiently resistant to external stress. Article
- Standardisation of Explosives The Lithuanian standards regulating the manufacturing and characteristics of explosives must be in conformity with the harmonised standards published in the Official Journal of the European Union. Article
- Certification and Marking of Explosives
- All the explosives imported into or carried in transit across the territory of the Republic of Lithuania, also all the explosives sold in the territory of the Republic of Lithuania must be certified, and their importers, carriers and sellers must hold a certificate of conformity issued by the notified body (included in the list of conformity assessment bodies as published in the Official Journal of the European Union) attesting that the explosives imported or carried in transit, also sold conform to the safety requirements set forth therefor.
- The manufacturer must, prior to placing explosives on the market, obtain a certificate of conformity issued by the notified body indicated in paragraph 1 of this Article attesting that the explosives to be sold or exported conform to the safety requirements set forth therefor.
- The explosives sold or exported to a European Union Member State must bear the CE marking of conformity. The certification procedures required for the obtaining and use of the CE marking shall be carried out at the notified body indicated in paragraph 1 of this Article. The procedure for establishing the conformity of explosives (the module of certification procedures) shall be selected by a manufacturer taking into consideration the manner in which it intends to place the explosives manufactured by it on the market. The manufacturer shall be responsible for the lawfulness and accuracy of the use of the CE marking.
- All explosives to be imported must bear the CE marking. The explosives carried in transit must bear the CE marking where they are carried to a European Union Member State or will be further carried across the territory of a European Union Member State.
- Explosives must be identified with the CE marking in such a manner that the mark would be visible, easily legible and indelible. The CE marking shall be affixed on an explosive itself or, if this is not possible, on an identification plate attached thereto; in the case when such a manner of marking is technically impossible, the explosive’s packaging shall be marked. The identification plate shall be produced in a manner that would make its reuse impossible. It shall be prohibited to identify explosives with the inscriptions which could be misunderstood as the CE marking.
- Conformity of the explosives placed on a country’s market with the safety and marking requirements specified in this Article shall be supervised by national market supervision institutions. Where these institutions establish that the explosives placed on the country’s market are non-certified, not identified with the CE marking or that the explosives have been identified with the CE marking unlawfully or inappropriately, they must ensure withdrawal of such explosives from the market and placing of the manufacturer (seller) under the obligation to eliminate the established shortcomings within a specified time limit. Where the manufacturer (seller) fails to meet these requirements, the explosives shall be seized in accordance with the procedure laid down in Article 21 of this Law.
- Conformity of the explosives imported, exported or carried in transit across the territory of the Republic of Lithuania with the requirements specified in this Article shall be controlled by an institution authorised by the Government. Article
- Requirements for the Safety of Manufacturing of Explosives and Blasting Work The requirements governing the safety of manufacturing of explosives and blasting work shall be set forth by an institution authorised by the Government. CHAPTER FOUR ECONOMIC AND COMMERCIAL ACTIVITIES RELATING TO EXPLOSIVES Article
- General Requirements for the Economic and Commercial Activities Relating to Explosives
- Licensed economic and commercial activities shall be: 1) manufacturing of explosives; 2) trading in explosives; 3) use of explosives.
- Each type of the activities indicated in paragraph 1 of this Article shall be issued a separate licence.
- Licences to engage in the activities indicated in paragraph 1 of this Article may be obtained by the undertakings registered in the Republic of Lithuania in accordance with the procedure laid down by laws and other legal acts and the branches of the undertakings established in the European Union Member States and countries of the European Economic Area.
- A decision on the issuance of a licence shall be adopted not later than within 60 calendar days from the submission of required documents.
- A refusal to issue a licence must be reasoned on the basis of specified requirements and reliability assessment criteria. An applicant or a person authorised by it shall have the right to appeal against the refusal to issue the licence not later than within 30 calendar days from the receipt of the decision to the head of an institution issuing the licence. An applicant who, within 30 calendar days, does not receive a satisfactory reply or does not receive any reply may appeal against the decision to refuse the issuance of the licence to a court.
- The rules for licensing each type of the economic and commercial activities indicated in paragraph 1 of this Article as well as the assessment criteria shall be approved by the Government. Article
- Restrictions on the Right to be Employed in a Position Relating to Licensed Activities
- The following persons may not be an employee of an undertaking engaged in licensed activities who is directly related to the circulation of explosives, also the head of administration of such an undertaking: 1) a person who has been entered into a health care establishment’s record file in connection with addiction to alcohol, drugs or is under supervision of the health care establishment due to a mental illness or disorder; 2) a person who has been entered into an operational record file or who is subject to a court’s injunctions applied in accordance with the procedure laid down by the Law on Organised Crime Prevention; 3) a person who has been prohibited from engaging in the licensed activities specified by this Law by a court judgement; 4) a person who has been accused of, is being prosecuted for or has been convicted of commission of a criminal act; 5) when there is a sufficient ground for believing that a person may, by his conduct, pose a threat to the security of circulation of explosives or to the interests of state security.
- The health condition requirements set forth for the employees indicated in paragraph 1 of this Article shall be held equivalent to the health condition requirements set forth for the persons holding an authorisation to acquire or to keep a firearm. Article
- General Duties of Licence Holders
- A licence holder must: 1) prior to commencing licensed activities, obtain, in accordance with the procedure laid down by an institution authorised by the Government, an authorisation of a local police office confirming that special warehouses for the storage of explosives and premises for the manufacturing or sale of the explosives meet the requirements set forth by the Government or an institution authorised by it; 2) ensure the accounting and protection of explosives in accordance with the requirements set forth by legal acts; 3) on a quarterly basis and not later than by the fifth day of the first month of the next quarter, submit a report of the set form on the economic and commercial activities relating to explosives to an institution which has issued the licence or to a body authorised by it; 4) in accordance with the procedure laid down by the Government or an institution authorised by it, supply to the Weaponry Fund of the Republic of Lithuania under the Government of the Republic of Lithuania (hereinafter referred to as the “Weaponry Fund of the Republic of Lithuania”) data on the explosives manufactured, imported, exported, sold, stored and used; 5) in the event of a change in the nature of an undertaking’s activities or in other conditions indicated in the documents submitted for the obtaining of the licence, give a notice thereof to the institution which has issued the licence not later than within ten working days; 6) at the request of controlling institutions, provide information about the employees performing explosive-related work as well as their personal data; 7) provide conditions for employees of controlling institutions to verify an undertaking’s activities relating to licensed activities; 8) comply with requirements of the legal acts regulating the safety and health at work in the process of manufacturing explosives and performing blasting work; 9) prior to recruiting a new employee whose work is directly related to the licensed activities provided for in this Law, submit to a local police office and to the State Security Department for verification of the presence of any circumstances preventing the employee from holding a position relating to the licensed activities this person’s data (name, surname, personal number, place of residence) and conclusions of a medical health examination confirming that he does not suffer from the diseases preventing from holding this position, is not entered into a health care establishment’s record file concerning addiction to alcohol and to drugs, is not under a health care establishment’s supervision due to a mental illness or disorder; 10) keep accounting registers of explosives and other documents for a period of at least ten yeas from the day of making the last entry, irrespectively of whether an undertaking still engages in licensed activities or not (upon liquidation of an undertaking, accounting documents shall be handed over to an institution which has issued the licence or to an institution authorised by it).
- A licence holder may not: 1) assign, authorise or otherwise transfer the right to engage in the activities indicated in the licence to another person; 2) engage in licensed activities in the premises for the activities wherein an authorisation of a local police office has not been granted. Article
- Manufacturing of Explosives
- Licences to engage in the manufacturing of explosives shall be issued by an institution authorised by the Government in accordance with the procedure laid down by the Government. The licences shall be issued solely upon co-ordination with the State Security Department and the Ministry of the Interior.
- A licence entitling to engage in the manufacturing of explosives must indicate the type of the explosives – primary explosives, high explosives, propellants (powders), explosives, demolition devices.
- A licence to engage in the manufacturing of explosives shall entitle to trading in the own explosives manufactured.
- All the undertakings manufacturing explosives must: 1) manufacture solely the explosives for manufacturing whereof the licence has been issued; 2) mark explosives with the identification enabling to determine the manufacturer; 3) ensure the safety conditions eliminating or minimising the likelihood of inadvertent ignition or explosion of explosives, raw materials, components and items; 4) properly store the raw materials and materials used for the manufacturing of products, unfinished and finished products, ensure protection thereof; 5) draw up and have available possible accident prevention and emergency response plans in respect of the facilities whereat explosives are stored or manufactured; 6) ensure the required quality of products. Article
- Right to Acquire Components of Explosives
- A licence to manufacture explosives shall entitle to acquire in the Republic of Lithuania and abroad the components, raw materials and materials required for these activities.
- The manufacturer must, when importing into the Republic of Lithuania the components, raw materials and materials required for the manufacturing of explosives, obtain in accordance with the procedure laid down by laws and other legal acts an import licence (authorisation) where these components, raw materials and materials are entered in the lists of strategic goods or in the lists of hazardous materials approved by the Government or the institutions authorised by it. Article
- Export, Import and Transit of Explosives
- The explosives included in lists of strategic goods shall be exported from the Republic of Lithuania, imported therein and carried in transit in accordance with the procedure laid down by the Law on the Control of Export, Import and Transit of Strategic Goods.
- The explosives not listed as strategic goods, but entered in the lists of hazardous materials approved by the Government or the institutions authorised by it shall be imported into the Republic of Lithuania, exported therefrom and carried in transit in accordance with the procedure laid down by the Government or an institution authorised by it. Article
- Application of the Provisions Relating to Supervision of Transportation of Explosives within the European Union
- Provisions of this Article shall apply to supervision of transportation of explosives when the explosives are imported in the territory of the Republic of Lithuania, exported therefrom or carried in transit across it to the European Union Member States.
- An undertaking registered in the Republic of Lithuania and exporting explosives to a European Union Member State must present to a state institution authorised by the Government of the Republic of Lithuania a consent of the competent authority of the state of export for the bringing of the explosives into the state and authorisations of the competent authorities of the states of transit for transportation of the explosives.
- An undertaking registered in a European Union Member State must, when acquiring explosives in the Republic of Lithuania and exporting them to a European Union Member State, in addition to the data indicated in paragraph 2 of this Article, submit to a state institution authorised by the Government of the Republic of Lithuania a confirmation of the competent authority of the state of registration that this undertaking is lawfully registered and is in possession of the necessary licences and authorisations to engage in the import, export of or trading in explosives.
- An undertaking exporting explosives from the Republic of Lithuania to a European Union Member State, importing them from a European Union Member State or carrying them in transit across the Republic of Lithuania from a European Union Member State to another Member State must, in addition to the authorisations indicated in paragraphs 2 and 3 of this Article, supply to a state institution authorised by the Government of the Republic of Lithuania the following data: 1) the names and addresses of the undertakings participating in a transaction. This information must be detailed enough to enable these undertakings to be contacted and a confirmation to be obtained that the persons in question are legally entitled to receive a specific consignment of explosives; 2) the quantity of the explosives transported; 3) a full description of the explosive in question as well as means of identification thereof, including the United Nations identification code; 4) information on compliance of the explosive with the requirements set forth for its placement on the market (where explosives are to be placed on the Lithuanian market); 5) the means of transportation and the itinerary; 6) the expected dates of importation and exportation of the explosives; 7) the precise border crossing points.
- Upon examining submitted data and the conditions under which explosives will be transported, with particular regard to the special security requirements, and having established that all required data have been furnished and that the security requirements are met, a state institution authorised by the Government of the Republic of Lithuania shall grant an authorisation for transportation indicating the data listed in paragraph 4 of this Article. This authorisation must accompany the explosives until they arrive at the destination and must be presented at the request of competent authorities.
- No undertaking may import explosives into the territory of the Republic of Lithuania, export therefrom or carry in transit across it to the European Union Member States until it obtains the authorisations for transportation thereof granted in accordance with the procedure laid down by this Article. Article
- Trade in Explosives
- An undertaking willing to sell explosives must hold a licence issued by an institution authorised by the Government.
- A licence to engage in trading in explosives shall not entitle to the manufacturing of the explosives and use thereof.
- The undertakings trading in explosives must: 1) possess documents of the explosives sold indicating their technical data; 2) require that the seller present the documents attesting to his right to acquire the explosives; 3) ensure the accounting and protection of the explosives acquired and sold, keep acquisition and accounting documents; 4) record sellers of explosives in a register of the established form. The form thereof shall be established by an institution which has issued a licence; 5) furnish to the Weaponry Fund of the Republic of Lithuania on a quarterly basis data on all the explosives sold according to a form established by this institution.
- It shall be prohibited to sell explosives: 1) to natural persons; 2) to the undertakings which have failed to submit the documents attesting to their right to acquire the explosives; 3) where they cannot be identified or in the absence of accompanying documents; 4) in the event of a state of emergency or martial law.
- Explosives may be acquired by: 1) professional users; 2) the undertakings holding licences to engage in the activities indicated in subparagraphs 1 and 2 of paragraph 1 of Article 11 of this Law; 3) the Ministry of National Defence, the Ministry of the Interior, the State Security Department and the state institutions assigned to their sphere of administration.
- The requirements of paragraphs 3 and 4 of this Article shall also apply to the manufacturers of explosives engaged in trading in the explosives manufactured by them.
- The activities of an explosives broker shall be prohibited in Lithuania. Article
- Use of Explosives
- Professional users shall be allowed to engage in the use of explosives solely upon obtaining of a licence issued by an institution authorised by the Government in accordance with the established procedure.
- A licence to engage in the use of explosives shall entitle to acquisition, possession, storage, carriage and use of the explosives. CHAPTER FIVE SEIZURE AND DESTRUCTION OF EXPLOSIVES Article
- Explosives Which Have Been Found or Whose Owners Are Unknown
- A person who has found explosives must forthwith notify thereof a local police office. It must, without delay, undertake measures to preclude the explosives from posing a threat to human life and health, the environment and property.
- The explosives whose owner is unknown shall be destroyed in accordance with the procedure laid down by Article 22 of this Law and other legal acts or shall be seized in accordance with the procedure laid down by Article 21 of this Law. Article
- Seizure of Explosives
- Authorised state institutions shall seize explosives: 1) where the explosives are manufactured, imported, exported, transported, stored or trading therein is carried out without a licence or upon the expiry of the term of validity thereof; 2) upon withdrawal of the licence; 3) in the cases specified in paragraph 6 of Article 9 of this Law; 4) in the event of violation of requirements of this Law, when the violation poses a threat to human life, health, the environment, property, public security or public order; 5) where the explosives have been found and their owner is unknown; 6) in other cases specified by the law.
- In the cases specified in subparagraphs 1 and 2 of paragraph 1 of this Article, explosives shall be seized by an institution or a body which has issued a licence to engage in the activities relating to circulation of the explosives in co-operation with a local police office. In the cases when the explosives have been seized upon the expiry of the term of validity of the licence, however the term of validity thereof has been extended in accordance with the procedure laid down by legal acts, the explosives shall be returned to their owner. Where a decision on the withdrawal of the licence is appealed against in accordance with the procedure laid down by the laws, the explosives shall be temporarily seized for keeping until adoption of the final decision.
- In the cases specified in subparagraph 3 of paragraph 1 of this Article, explosives shall be seized by a state market supervision institution in co-operation with a local police office.
- In the cases specified in subparagraphs 4-6 of paragraph 1 of this Article, also at the request of an authorised institution, explosives shall be seized by a local police office. The explosives seized in the cases stipulated in subparagraphs 5 and 6 of paragraph 1 of this Article shall be stored until adoption of a decision on their return or destruction.
- An institution or a body which has seized explosives in the cases specified in subparagraphs 1-3 of paragraph 1 of this Article and has adopted a decision on handling them must establish the quality of the explosives.
- The explosives which are suitable for safe use shall be handled by the undertakings authorised to sell them, and their owner shall be notified of the explosives handled within ten days of handling of the explosives and, upon arriving, shall be paid an appropriate amount of funds.
- The explosives not meeting quality requirements shall be handed over free of charge for destruction.
- Seized explosives shall be stored in the warehouses of an undertaking wherefrom the explosives have been seized as sealed by an institution or body which has seized them, and where this is not possible – in the warehouses of the police or the Lithuanian Army adapted for storage thereof.
- The seizure of the explosives which are not Lithuanian goods must be subject to the appropriate actions sanctioned by the customs.
- The procedure for regulating seizure of explosives, determining the suitability for use, calculating the value and further use thereof shall be laid down by the Government or an institution authorised by it. Article
- Destruction of Explosives
- All the explosives not meeting quality requirements must be destroyed.
- The right to destroy the explosives not meeting quality requirements shall be granted to professional users and specialised divisions of the Lithuanian Army, the State Security Department and the police. The right to destroy the explosives which have been found shall be granted to specialised divisions of the Lithuanian Army, the State Security Department and the police. Manufacturers of explosives shall have the right to destroy the explosives manufactured by them and the materials and raw materials used in manufacturing thereof.
- Explosives shall be destroyed in the presence of a commission formed by the head of an institution which has taken a decision on destruction thereof and consisting of representatives of the mentioned institution, a local police office and the institution which will destroy the explosives.
- The destruction of the explosives which are not Lithuanian goods must be subject to the appropriate actions sanctioned by the customs.
- Explosives must be destroyed in a manner which would guarantee their becoming absolutely unsuitable for use. Explosives must be destroyed in a manner that would preclude a threat to human life and health, the environment and property. CHAPER SIX ACCOUNTING of Explosives Article
- Accounting of Explosives
- Manufacturers, importers, exporters and sellers must keep accounts of explosives enabling to determine the names of the imported, manufactured, exported, stored and sold explosives, dates of the acquisition and sources, dates and locations of manufacturing, dates of the placement on the market and recipients as well as quantities thereof.
- The users which have acquired explosives must have them accounted for. Accounts shall indicate the names, quantities, date of acquisition and sources, date of manufacturing, date and location of the use of the explosives.
- Accounting data must, in accordance with the established procedure, be submitted to the officials exercising state control of circulation of explosives.
- The procedure for accounting for explosives shall be established by the Government or an institution authorised by it. Article
- Internal Audit of Activities of the Undertakings Whose Activities are Related to Circulation of Explosives
- Users, importers, exporters, sellers and manufacturers must perform, on an annual basis, internal audit in order to establish whether their activities meet the specified requirements.
- Audit data must, in accordance with the established procedure, be submitted to the officials exercising state control of circulation of explosives.
- The procedure for performing internal audit of the activities of the undertakings whose activities are related to circulation of explosives shall be laid down by the Government or an institution authorised by it. Article
- Collection and Accumulation of Data on Explosives The Weaponry Fund of the Republic of Lithuania shall collect and accumulate data on the manufactured, imported, exported, sold, stored and used explosives and shall, in accordance with the procedure laid down by legal acts, provide this information to interested institutions or to international organisations. The content of these data shall be specified by the Government or an institution authorised by it. CHAPTER SEVEN STATE CONTROL OF THE CIRCULATION OF EXPLOSIVES Article
- State Control of Circulation of Explosives
- The state control of circulation of explosives shall, within the sphere of their competence, be exercised by the Ministry of the Interior, the Weaponry Fund of the Republic of Lithuania, the State Security Department, the Ministry of National Defence, the Ministry of Economy and other state institutions.
- The procedure and specific features of the state control of circulation of explosives shall be established by the Government. CHAPTER EIGHT FINAL PROVISIONS Article
- Exchange of Information with Foreign States Regarding Circulation of Explosives
- Upon issuing a licence (authorisation) to export (bring out) explosives to a foreign state, an institution authorised by the Government must forthwith notify the state of the bringing of the explosives out of the Republic of Lithuania into its territory. Such an information must be communicated to competent authorities of the foreign state prior to the bringing out of the explosives. The states of transit must be notified too.
- An institution authorised by the Government and issuing licences to undertakings to engage in trading in explosives shall provide information about these undertakings to the European Union Member States, provide conditions for verification by their competent authorities whether such undertakings are capable of tracing the location of the explosives belonging to them at any time.
- Information about circulation of explosives shall be furnished in accordance with the procedure laid down by legal acts of the Republic of Lithuania under treaties of the Republic of Lithuania. Article
- Liability for Violations of Circulation of Explosives The persons in breach of the procedure of circulation of explosives and control thereof shall be held liable under the law. Article
- Entry into Force of the Law and Proposals to the Government of the Republic of Lithuania
- This Law shall enter into force on 1 January 2004, with the exception of Article 17 and paragraph 2 of Article
- Article 17 and paragraph 2 of Article 27 of this Law shall enter into force from the day of accession of the Republic of Lithuania to the European Union.
- The Government of the Republic of Lithuania shall, by 30 September 2003, draft and approve the legal acts required for implementation of the Law on the Control of Circulation of Explosives. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS Annex to Republic of Lithuania Law No IX-1315 of 28 January 2003 The Republic of Lithuania Law on the Control of Circulation of Explosives has been harmonised with Council Directive 93/15/EEC of 5 April 1993 on the harmonization of the provisions relating to the placing on the market and supervision of explosives for civil uses.