CELEX 02019R1148 · v20190711

Article 6 / Licences

1.  

Each Member State which issues licences to members of the general public who have a legitimate interest in acquiring, introducing, possessing or using restricted explosives precursors shall lay down rules for issuing licences in accordance with Article 5(3). When considering whether to issue a licence, the competent authority of the Member State shall take into account all relevant circumstances, in particular:

(a) 

the demonstrable need for the restricted explosives precursor and the legitimacy of its intended use;

(b) 

the availability of the restricted explosives precursor at lower concentrations or alternative substances with a similar effect;

(c) 

the background of the applicant, including information on previous criminal convictions of the applicant anywhere within the Union;

(d) 

the storage arrangements that have been proposed to ensure that the restricted explosives precursor is securely stored.

2.  
The competent authority shall refuse to issue a licence if it has reasonable grounds for doubting the legitimacy of the intended use or the intention of the member of the general public to use the restricted explosives precursor for a legitimate purpose.
3.  
The competent authority may choose to limit the validity of the licence, through permitting single or multiple use. The period of the validity of the licence shall not exceed three years. Until the designated expiry of the licence, the competent authority may require the licence holder to demonstrate that the conditions under which the licence was issued continue to be fulfilled. The licence shall indicate the restricted explosives precursors in respect of which it is issued.
4.  
The competent authority may require applicants to pay a licence application fee. Such fees shall not exceed the cost of processing the application.
5.  
The competent authority may suspend or revoke the licence where it has reasonable grounds for believing that the conditions under which the licence was issued are no longer fulfilled. The competent authority shall inform licence holders of any suspension or revocation of their licences without delay, unless this would jeopardise ongoing investigations.
6.  
Appeals against any decision of the competent authority, and disputes concerning compliance with the conditions of the licence, shall be heard by an appropriate body that is responsible for such appeals and disputes under national law.
7.  
A Member State may recognise licences issued by other Member States under this Regulation.
8.  
Member States may use the format for a licence set out in Annex III.
9.  
The competent authority shall obtain the information on previous criminal convictions of the applicant in other Member States as referred to in point (c) of paragraph 1 of this Article, through the system established by Council Framework Decision 2009/315/JHA ( 5 ). The central authorities referred to in Article 3 of that Framework Decision shall provide replies to requests for such information within 10 working days from the date the request was received.

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