Explosive Substances Trade
Selling Explosive Substances
General Information
In order to sell explosive substances in the Republic of Cyprus one needs to obtain a license from the Inspector of Explosive Substances of the Mines Service.
The term “explosive substance” means explosives for blasting and other uses, ammunition and pyrotechnic articles.
Application Submission
Who is Eligible
The Inspector of Explosive Substances, of the Mines Service, grants the license to sell explosive substances only in cases where the applicant:
- has a licensed store of the corresponding explosive substance at his/her disposal.
- has clean criminal record of crimes related to explosive substances
For the storage of explosives for blasting (no blasting powder) and other uses the licensed seller should employ at his/her store at least one individual, who’s qualifications should include Certificate of Competency (capable to handle the corresponding explosives).
Where to Apply
The application for the licensing to sell explosive substances can be submitted either through the PSC Cyprus or you can contact directly the:
Mines Service
1422 Nicosia
Telephone.:+357 22409277, +357 22409288
Fax:+357 22316872
E-mail :minesinfo@mines.moa.gov.cy
Website: http://www.moa.gov.cy/mines
Which Certificates must be Submitted
The application must be accompanied by the following documents:
- general Application;
- certified translated in Greek copy of Certificate of Incorporation;
- certified translated in Greek copy of Memorandum and Articles of Association;
- certified copy of Certificate of Shareholders and Directors;
- original Identification card in case of natural persons;
- for blasting and other uses explosives (no blasting powder), a copy of the Certificate of Competency of the natural person (capable to handle the corresponding explosives) which is going to be employed. For the other types of explosives, the Original Certificate of Criminal Record of the natural person or persons which are going to conduct the sale. Every Certificate of Criminal Record has to be accompanied by a certified translation in Greek;
- proof of Licensed Store of the corresponding explosive substance (e.g. valid license to store the corresponding explosives and a declaration of the owner of the valid license that he/she accepts to store the explosives of the applicant);
- receipt for payment of application fee of €102 for ammunition and/or gun powder, €102 for blasting powder or pyrotechnic articles, and €427 for other types of explosives.
During the examination of the application, the Inspector of Explosive Substances performs inspections of the magazine/store where the explosives will be stored.
Fees Applicable & How to Pay
The application fees are the following:
- €102 for ammunition and/or gun powder,
- €102 for blasting powder or pyrotechnic articles,
- €427 for other types of explosives.
The fees are payable either by cash, cheque, or bank transfer.
The licence renewal fees are as follows:
- €102 for ammunition and/or gun powder,
- €102 for blasting powder or pyrotechnic articles,
- €427 for other types of explosives.
Decision Notification
The applicant is informed regarding the authorization decision within three months from the date that the application form and supporting documents were duly submitted; given that the applicant already has at his/her disposal a licensed store.
If the applicant does not own a licensed storage facility then he/she can either indicate to the Inspector of Explosive Substances a building for storing the explosive substances, or construct his/hers own storage facility. In the former case, one should pay the fee of €102 and submit the application to store blasting powder or gun powder and/or ammunition or pyrotechnic articles or should pay the fee of €341 and submit the General Application along with the application for the License to Store Explosive Substances for other types of explosive substances.
In the later case, before the application for storing explosive substances (as described above), one should submit to the Inspector of Explosive Substances an application to construct a storage facility for explosive substances with a fee of €341. The Inspector will inform the applicant regarding all the requirements that should be implemented for the construction of a storage facility and will inspect accordingly. It is noted that, the applicant should obtain the corresponding Town Planning Permit and Construction Licence by the corresponding District Office.
Licence Validity Period
The license is valid until the 31st of December of the year of issue. The fees for the renewal of licence are €102 for ammunition and/or gun powder, €102 for blasting powder or pyrotechnic articles, and €427 for other types of explosives.
Dispute with the Competent Authority's Decision
How to File an Administrative Action
Administrative Action Against a Competent Authority’s Decision
Any person may file an Administrative Action at the Administrative court against a decision, act or omission of any competent authority or body.
Pursuant to Article 146 of the Constitution, an Administrative Action may be lodged within 75 days from the date of the decision or act or omission or from the day when such decision or act or omission was notified to the applicant.
The Administrative Court acts as a cassation Court and not as a substantive Court. In other words, the Administrative Court may:
I. Dismiss the Administrative Action
II. Annul wholly or partially the contested decision or act
III. Compel the relevant authority or body to take a certain action
After a decision is annulled, the authority and/or public body must reverse things back to the state prior to when the concerned decision and/or act was executed and reexamine.
How to Appeal
Appeal Information
An Appeal may be filed against the Administrative Court’s first-instance decision within a period of 42 days from the date such decision was given.
At the Supreme Court (Court of Appeal Section) hearing, the contested issue of the appeal remains the legality of the decision or act already adjudicated for. However, such revision of the legality of the decision or act is solely examined on the matters and the extent that the two parties have limited the reasons in the relevant notice of appeal.
The decision adopted by the Supreme Court is considered final in relation to the matter that has been judged.
Legislation & Obligations
Which Laws and Regulations Apply
- European Directive 2013/29/EU
- European Directive 2014/28/EU (CIVEX)
- The Explosive Substances Law (Cap. 54) (also in English in the “Applications & Documents”)
- The Explosive Substances Regulations (in the “Applications & Documents”)
What are my Obligations
The disposal of explosives in the market is regulated by the provisions of the European Directive 2014/28/EU (CIVEX) which was adapted in the Republic’s legislation by the Essential Requirements (Explosives for Civil Use) Regulations. According to this legislation the explosives shall satisfy certain European Standards and for this purpose they have to be checked by Notified Bodies and the CE marking of conformity has to be affixed on them. The imported ammunition shall have an indication that they have undergone a check in accordance with the Convention of 1 July 1969 on the Reciprocal Recognition of Proofmarks on Small Arms (CIP). The Essential Requirements (Explosives for Civil Use) Regulations also regulate the Intercommunity transfer of the explosives and the ammunition.
The European Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the placing on the market of pyrotechnic articles shall is implemented as the Essential Requirements (Pyrotechnic Articles) Regulations. According to this legislation the pyrotechnic articles for pleasure, theatrical and technical purposes, shall satisfy certain European Standards and for this purpose they have to be checked by Notified Bodies and the CE marking of conformity has to be affixed on them.
The licensed seller of explosive substances should:
- buy the explosive substances only from legal sources;
- for ammunition: Should buy them on the spot from licensed producers or/and import them from EU countries having the consent of the Inspector of Explosive Substances for the corresponding ammunition which he/she intends to transfer or/and import them from third countries having obtained first the import license from the Inspector of Explosive Substances;
- for pyrotechnic articles: since no manufacturing or production of pyrotechnic articles takes place in the Republic of Cyprus, sellers should either acquire them from EU countries, having first obtained the transfer license from the Inspector of Explosive Substances, or import them from third countries having first ensured the import license from the Inspector of Explosive Substances;
- gun powder, blasting powder and other types of explosives: since no manufacturing or production of these explosives takes place in Cyprus, the seller should either transfer them from EU countries, having first ensured the permission by the Inspector of Explosive Substances, or import them from third countries having first ensured the import license from the Inspector of Explosive Substances;
- in every case, the seller can acquire the explosive substances from other licensed sellers by ensuring authorization by the Inspector of Explosive Substances to buy and/or to transfer these substances;
- the licensed seller of explosive substances for blasting (including blasting powder) and pyrotechnic articles of high explosiveness should sell only to individuals that hold the Certificate of Competency of the corresponding kind of explosive substance and sell only in cases where the license to buy is issued by the Inspector of Explosive Substances, indicating their names;
- the licensed seller should only sell ammunition to the licensed holders of the corresponding gun;
- every holder of a license to sell explosive substances shall keep on his premises book of receipts, payments and stocks according to the Explosives Substances Law and Regulations;
- in cases of loss or theft of any explosive substance the seller should immediately notify the closest police station and the Inspector of Explosive Substances;
- in case the licensed seller ceases operations, the remaining explosive substances must be transferred to a licensed store depending on the type of explosive substance.
Notably, the Inspector of Explosive Substances may inspect the licensed store at any time after the license is granted. The Inspector of Explosive Substances may seize any explosive substances which he reasonably suspects are unsuitable to use or may destroy the seized explosives substances with the consent of their owner or with their confiscation.