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Decree Law No. 62/2021


Publication: Republic Diary No. 143/2021, Series I of 2021-07-26
  • Issuer: Presidency of the Council of Ministers
  • Diploma Type: Decree Law
  • Number: 62/2021
  • Pages: 3 - 12

Summary in plain english

What is it?

This decree-law ensures the implementation, in the internal legal order, of the European Regulation on the marketing and use of explosives precursors.

What is going to change?

The authority responsible for the execution of this decree-law is the National Directorate of the Public Security Police (DNPSP), being responsible for:

    • Organising awareness-raising, training and exchange actions;
    • Processing and compiling data and information for the preparation of the report provided for in the Regulation (EU), as well as its communication to the European Commission;

Restricted explosives precursors may not be made available to or introduced, possessed or used by private individuals, except in the quantities provided for in this decree-law and by means of a license issued by the competent authority.

This license may only be granted to persons over 18 years of age, who are in full use of all civil rights, demonstrate that they need the license for reasons of private use, and are of good repute.

The license is valid for one year, renewable for an equal period up to a maximum of three years.

A fee of 10€ is payable for the issue of the licence and its renewal costs 5€.

Non-compliance with the provisions of this decree-law may constitute an administrative offence (light, serious or very serious), the punishment of which consists of the payment of a fine ranging from 100€ to 2500€, in the case of a natural person, and 200€ to 5000€, in the case of a legal person.

The proceeds of the fines provided for in this decree-law revert:

    • 60% to the State;
    • 20% to the PSP;
    • 20% to the supervisory entity that issues the record.

This diploma allows the implementation of a reinforcement at various levels:

    • Provision of information on the supply chain;
    • Control mechanisms at the time of sale;
    • Transactions of explosives precursors regulated in digital markets;
    • Implementation of a training and awareness-raising plan, aimed at those interacting in the field of explosives precursors.
What advantages does it bring?

It strengthens the control system of precursors that can be used for the craft manufacture of explosives, which contributes to greater security in the exercise of activities involving them.

It limits public access to these substances and ensures that suspicious transactions, disappearances and thefts throughout the supply chain are properly reported to the national contact point.

When does it enter into force?

This decree-law enters into force on 27 July 2021.

Original Version

LEGAL TRANSLATOR

  • Legal translator is the translation of texts within the field of law

CONSOLIDATED LEGISLATION

Legislative consolidation integrates the various amendments and rectifications made into an original legal diploma in order to make its consultation more accessible to the citizen.