Regulations, 2021

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,677, 3 ta’ Awwissu, 2021

L.N. 319 of 2021

PRODUCT SAFETY ACT

(CAP. 427)

Marketing and Use of Explosive Precursors (Implementing)

Regulations, 2021

IN EXERCISE of the powers conferred by articles 38 and 39 of

the Product Safety, the Minister for Tourism and Consumer Protection,

on the advice of the Director General (Technical Regulations) has

made the following regulations: -

(1) The title of these regulations is the Marketing and Citation, scope

and

Use of Explosive Precursors (Implementing) Regulations, 2021.

commencement.

(2) These regulations implement the requirements of

Regulation (EU) 2019/1148 of the European Parliament and of the

Council of 20 June 2019 on the marketing and use of explosives

precursors, amending Regulation (EC) No 1907/2006 and repealing

Regulation (EU) No 98/2013.

(3)

These regulations shall be deemed to have come into force

on 1 st February 2021.

In these regulations, unless the context otherwise requires

Interpretation.

"inspection authorities" means the authorities designated

by regulation 3 for the purposes of Article 11 of the Regulation,

for inspection and controls of the correct application of Articles

5 to 9 of the Regulation;

"Regulation" means Regulation (EU) 2019/1148 of the

European Parliament and of the Council of 20 June 2019 on the

marketing and use of explosives precursors, amending

Regulation (EC) No 1907/2006 and repealing Regulation (EU)

No 98/2013.

(1) The Technical Regulations Division established by

article 19 of the Malta Competition and Consumer Affairs Authority

Act shall be

(a) the competent authority responsible for the

establishment of licensing regimes in accordance with the

Regulation;

(b) the national inspection authority with respect to the

making available of explosive precursors on the market.

(2) The Malta Police Force established by article 3 of the

Police Act shall be

(a) the national inspection authority with respect to the

illicit possession, illicit use, disappearances and theft of

explosive precursors and shall for the purposes of the Regulation

have all investigative and inspection powers bestowed on it by

the Criminal Code;

(b) the National Contact Point within the meaning of

Article 9 of the Regulation.

(1) The Technical Regulations Division may establish a

licensing regime allowing certain restricted explosive precursors to be

made available to, or to be introduced, possessed or used by members

of the general public at concentrations not higher than the

corresponding upper limit values set out in Column 3 of Annex I of the

Regulation.

(2) The Technical Regulations Division may issue specific

conditions and procedures for the issuing of such licences.

The proceedings and penalties in relation to any offence

under these regulations shall be those provided for in Part IV of the

Product Safety Act

Provided that proceedings in relation to any offence under

these regulations related to the illicit possession, illicit use,

disappearances and theft of explosive precursors shall be instituted by

the Commissioner of Police ex officio.

The Marketing and Use Of Explosives Precursors

(Implementation) Regulations are hereby revoked.

€0.09