Marketing and use of Explosives Precursors

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,320, 3 ta’ Ottubru, 2014

L.N. 359 of 2014

PRODUCT SAFETY ACT

(CAP. 427)

Marketing and use of Explosives Precursors

(Implementation) Regulations, 2014

IN exercise of the powers conferred by article 39 of the Product

Safety Act, the Minister for Social Dialogue, Consumer Affairs &

Civil Liberties, on the advice of the Malta Competition and Consumer

Affairs Authority, has made the following regulations

The title of these regulations is the Marketing and use of Citation.

Explosives Precursors (Implementation) Regulations, 2014.

These regulations shall apply as from 2 nd Commencement

(1)

and scope.

September 2014.

(2) These regulations implement the provisions of Articles 4,

7, 8, 9 and 11 of Regulation (EU) No 98/2013 of the European

Parliament and of the Council of 15 January 2013 on the marketing

and use of explosives precursors.

(1)

The Technical Regulations Division as established Establishment

by the Malta Competition and Consumer Affairs Authority Act, of

competent

within the Malta Competition and Consumer Affairs Authority, shall authority

the national

be

contact point.

(a)

the competent authority responsible for the issuing

of licences, in accordance with regulation 4, when restricted

explosives precursors are going to be acquired, possessed or

used;

(b)

the competent authority responsible for the register

of transactions, as specified within regulation 5; and

(c)

the national contact point for the reporting of

suspicious transactions, within the meaning of Article 9(2) of

Regulation (EU) No 98/2013.

(1)

A member of the general public, within the Licences.

meaning of Article 3(7) of Regulation (EU) No 98/2013, may be

granted a license for the legitimate need to acquire, introduce, possess

or use restricted explosives precursors in concentrations above those

of the First Schedule.

(2) The licence shall permit single use of a specific restricted

explosives precursor and shall last for three years.

(3) The license shall be issued against a fee established by the

Malta Competition and Consumer Affairs Authority.

(1)

Without prejudice to regulation 4, the following

restricted explosives precursors can be made available to, or

possessed or used by, members of the general public if the economic

operator, within the meaning of Article 3(9) of Regulation (EU) No

98/2013, who makes them available, registers each transaction with

the Malta Competition and Consumer Affairs Authority

(a)

hydrogen peroxide (CAS RN 7722-84-1) in

concentrations higher than the limit value set out in the First

Schedule, but no higher than 35 % w/w;

(b)

nitromethane (CAS RN 75-52-5) in concentrations

higher than the limit value set out in the First Schedule, but no

higher than 40 % w/w; and

(c)

nitric acid (CAS RN 7697-37-2) in concentrations

higher than the limit value set out in the First Schedule, but no

higher than 10 % w/w.

(2) The registers of economic operators having ceased their

activity shall be transferred to the operators that take over their

activity or, alternatively, to the Malta Competition and Consumer

Affairs Authority.

A suspicious transaction, as defined in Article 3(8) of

Regulation (EU) No 98/2013, involving the substances listed in the

First Schedule to these regulations and in Annex 2 of Regulation

(EU) No 98/2013, shall be reported to the Malta Competition and

Consumer Affairs Authority in accordance with Article 9 of

Regulation (EU) No 98/2013.

With reference to Article 11 the penalties applicable for

infringement of the provisions of Regulation (EC) No 98/2013 or the

provisions of these regulations, shall be those provided for in Part IV

of the Product Safety Act.

First Schedule

Substances which shall not be made available to members of the general public

on their own, or in mixtures or substances including them, except if the

concentration is equal to or lower than the limit values set out below

Combined

Nomenclature (CN)

Combined Nomenclature (CN)

code for a separate

code for a mixture without

Name of the substance and

chemically defined

constituents (e.g. mercury,

Chemical Abstracts Service Limit value

compound meeting

precious or rare-earth metals or

Registry number (CAS RN)

the requirements of

radioactive substances) which

Note 1 to Chapter 28

would determine classification

under another CN code ( 1 )

or 29 of the CN,

respectively ( 1 )

Hydrogen peroxide

(CAS RN 7722-84-1)

12 % w/w

2847 00 00

3824 90 97

Nitromethane

(CAS RN 75-52-5)

30 % w/w

2904 20 00

3824 90 97

Nitric acid

(CAS RN 7697-37-2)

3 % w/w

2808 00 00

1 ) Commission Regulation (EC) No 948/2009 (OJ L 287, 31.10.2009, p.1).

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€0.18