Activity licence for the handling of military weapons

An activity licence for the handling of military weapons is required for the following areas of activity:

  • manufacturing a military weapon, its essential component, or ammunition not containing explosive substances;
  • providing the service of repairing or converting a military weapon;
  • transportation of a military weapon, ammunition, or munition;
  • manufacturing a vehicle, watercraft, aircraft, or other product on which a military weapon is installed.

In addition, an activity licence can be applied for in the following areas of activity:

  • providing the service of storing ammunition or munition;
  • manufacturing ammunition or munition containing explosive substances.

Activities related to military weapons, its ammunition, or munition are regulated by:

Requirements for an applicant

An activity licence is issued to an undertaking if they meet the following requirements:

  • it is a legal personality established in a Member State of the European Union, in the European Economic Area, or the Swiss Confederation;
  • its share capital is at least 25,000 euros;
  • its share capital has been deposited before applying for an activity licence;
  • its location and central administration are in Estonia;
  • its shareholders, including indirect shareholders, procurator, members of the management board and supervisory board, and other persons having control over the management of the legal personality meet the requirements set out in section 835 and subsection 8323 (2) of the Weapons Act;
  • its responsible person fulfils the requirements provided in subsection 8325 (2) of the Weapons Act;
  • its employees, subcontractor, and service provider have complied with the requirements provided in subsections 8324 (1) and (2) of the Weapons Act;
  • it has the proper liability insurance provided in section 8327 of the Weapons Act;
  • it is not engaged in the provision of security services, expect for the application for an activity licence specified in clause 8333 (1) 3) of the Weapons Act;
  • it does not provide private detective services;
  • issuing an activity licence to it does not present an increased risk to the public and constitutional order, does not harm the country’s foreign relations, and does not pose a threat to national security.

Collecting data with a covert investigation and making an inquiry to an electronic communications undertaking

  • The police can, with the written consent of the applicant, collect personal data about them with the covert investigation specified in subsection 1263 (1) of the Code of Criminal Procedure and with an inquiry to an electronic communications undertaking regarding the data provided in subsections 1111 (2) and (3) of the Electronic Communications Act, if it is necessary for making a decision on the issuing of an activity licence.
  • The person is notified of the covert investigation carried out on them after the decision has been made and if they wish, the data collected during the investigation will be introduced to them.

Cross-border operation

In case the company is registered in another country of the European Economic Area, but also wants to provide a service related to civilian weapons and ammunition in Estonia, the undertaking must apply for an activity licence under the conditions specified in this guide. Information about operating in other countries of the European Economic Area is available at the country’s point of single contact EUGO.

Filling out and submitting an application

To apply for an activity licence, the following data and documents must be submitted in addition to the data provided for in the General Part of the Code of Economic Activities:

  1. confirmation about the payment of the state fee;
  2. a description of the activity applied for with the activity licence, including the quantity of military weapons, their essential parts, ammunition, and munition (e.g. annual maximum production volume or stored quantity);
  3. a list of shareholders and members of the management board and supervisory board of the undertaking applying for the activity licence, indicating the given name and surname and personal identification code of the natural person; in the case of their absence, the full name, location, and business registry code of a legal personality;
    • personal data forms of the members of the management board and the supervisory board of the undertaking;
    • documents regarding the foreign education and criminal record of the undertaking’s management board and supervisory board (documents certifying the education of the entity in a foreign country and all states of residence (if there have been many and they have lived there for six months or more, the information concerning criminal records or an official confirmation of their absence)). Documents must be translated into Estonian or English and certified by an apostille, unless otherwise provided by an international agreement);
  4. data on the responsible person and their substitute, such as their given name, surname, personal identification code (if not available, the date of birth), place of residence, telephone number, as well as information about the competence of the responsible person;
    • personal data form;
    • documents on education abroad and criminal record;
  5. an extract of the undertaking’s accounting records, which confirm the deposit of the stocks or holding;
  6. data regarding liability insurance.

If it is known at the time of application for the activity licence, also:

  1. a list of employees indicating their given name, surname, place of residence, and personal identification code or the date of birth in the case of the former’s absence (the applicant must submit the data of its employees, subcontractor, or service provider at the earliest opportunity, but before concluding an employment contract or other such agreement with the employee or concluding a contract with the subcontractor or service provider);
    • personal data forms;
    • documents on education abroad and criminal record;
  2. complete list of subcontractors and service providers, indicating the full name and registry code of the undertaking, as well as the given name and surname, place of residence, and personal identification code (in the case of its absence, their date of birth) of the employees;
    • personal data forms;
    • documents on education abroad and criminal record;
  3. address and phone number of the handling premises;
  4. if the registered immovable and buildings on the location of the handling premises do not belong to the applicant of the activity licence, a copy of the lease contract or commercial lease contract of the registered immovable and buildings or a contract confirming the right to use the registered immovable and buildings, which certifies that the applicant of the activity licence is entitled to use the registered immovable and buildings located there for the activity applied for.

If the undertaking engages, in addition to the handling of military weapons, in the handling of ammunition, which requires an activity licence under the Explosive Substances Act, one application for an activity licence is submitted to the Police and Border Guard Board. In addition to the data listed above, an application for an activity licence must include the data specified in section 13 of the Explosive Substances Act:

The application for the activity licence can be submitted:

  • in digitally signed form to the North Prefecture: pohja@politsei.ee;
  • by mail to the North Prefecture (Pärnu mnt 139, Tallinn, 15028);
  • with the help of a notary.

Payment of state fee

To apply for an activity licence, a state fee of 950 euros must be paid with the reference number 2900082472 to the bank account of the Ministry of Finance:

  • SEB – EE891010220034796011;
  • Swedbank – EE932200221023778606;
  • Danske Bank – EE403300333416110002;
  • Luminor – EE701700017001577198.

In the payment order explanations field, write ‘Police and Border Guard Board’ and the name of the company for which the state fee has been paid for the activity licence.

Processing an application

The police check whether the applicant for the activity licence, the application for the activity licence, and the documents attached thereto are in conformity with the Weapons Act, ask for additional documents if necessary, and specify the circumstances which are essential for granting the activity licence or refusing to do so.

The approval or refusal of an application for an activity licence is decided by the committee formed by representatives of government agencies formed for the Police and Border Guard Board. An application for an activity licence is processed within 80 workdays from when the application was submitted. The deadline for processing an activity may be postponed once for up to 60 workdays if this is necessary due to the complexity of the case by informing the undertaking that submitted the application of it.

If the information is incomplete in the application, the applicant will be contacted at the latest on the workday following the day of identifying the incompleteness. If the applicant fails to submit the required information within the time limit, the Police and Border Guard Board can choose not to process the application for the activity licence.

In processing the application for activity licence, the provision of the General part of the Code of Economic Activities regarding the activity licence becoming valid by default will not be applied.

The activity licence is issued for a maximum of five years or for the time that a temporary obligation or task is fulfilled if it takes less than one year.

Changing the conditions of an activity licence

If the undertaking wants to change the circumstances related to the subject of review or the circumstances related to the additional conditions, they must submit an application for changing the activity licence at least 30 days before the proposed change.

The application changing the activity licence can be submitted in the same way as the application for the activity licence.

Termination of an activity licence and economic activities

If the undertaking wants to terminate its activities under the Weapons Act, they must submit an application, after which the Police and Border Guard Board revokes the activity licence or suspends the activity licence until the desired time.

If the activity licence is suspended, the holder of the activity licence must ensure that the military weapons, ammunition, and munition are stored by a person entitled for it or that they are properly guarded and protected until the military weapons, ammunition, and munition are disposed or destroyed, the activity licence is suspended, or a new activity licence is issued.

The deposit, transportation, storage, guarding, protection, and returning of the military weapons, ammunition, and munition is carried out at the expense of the holder of the activity licence.

Revoking an activity licence

An activity licence is revoked on the following grounds:

  • intentional submission of incorrect information by an undertaking upon application for an activity licence, which affected the grant of a licence, provided that if such information had not been submitted, the grant of an activity licence would have been denied;
  • renouncement of economic activities by the undertaking;
  • validity of a relevant prohibition on economic activities imposed by a court judgment or arising from law in a relevant area of activity in respect of an undertaking, except for validity of a prohibition on economic activities imposed pursuant to this Act.

An activity licence may be revoked on the following grounds:

  • failure to commence economic activities within two years after issue of the activity licence or failure to pursue economic activities within two years, and in the case of provision of services of general interest, failure to commence economic activities within 12 months after issue of the activity licence or failure to pursue economic activities within 12 months or failure to commence economic activities within the term prescribed by a secondary condition of the activity licence;
  • a serious violation of the requirements of the activity licence;
  • a significant damage or danger caused to public order by the activity permitted by the activity licence, which did not exist or was not known at the time of grant of the activity licence and which overrides the interest of the undertaking in continuing the activity and which cannot be eliminated by amendment of the activity licence;
  • changing the secondary conditions of the activity licence.

If the activity licence is revoked, suspended, or declared void, the holder of the activity licence must ensure that the military weapons, ammunition, and munition are stored by a person entitled for it or that they are properly guarded and protected until the military weapons, ammunition, and munition are disposed or destroyed, the activity licence is suspended, or a new activity licence is issued.

The deposit, transportation, storage, guarding, protection, and returning of the military weapons, ammunition, and munition is carried out at the expense of the holder of the activity licence.

Supervision

The Police and Border Guard Board carries out state supervision over the handling of military weapons, their essential parts, and ammunition by persons governed by private law. The Technical Regulatory Authority carries out the supervision over the handling of ammunition and munition.

The Police and Border Guard Board inspects at least twice a year the lawfulness of the activities of the holder of the activity licence related to weapons and ammunition. If necessary, other offices or authorities may be involved in the inspection.

An act is drawn up on the results of the inspection, one copy of which is given to the holder of the licence and the other to the controller.

Contact information

For questions related to applying for an activity licence for military weapons under the Weapons Act, contact:

North Prefecture:

Riita Proosa, tel +372 612 4427, e‑mail: riita.proosa@politsei

Annika Lepamaa,+ 372 612 4455, e‑mail: annika.lepamaa@politsei.ee

Last amended: 24-07-2018 10:48 | Compiled by: Politsei- ja piirivalveamet