CONTROL OF FIREWORKS AND OTHER EXPLOSIVES REGULATIONS

SUBSIDIARY LEGISLATION 33.03

CONTROL OF FIREWORKS AND OTHER

EXPLOSIVES REGULATIONS

1st January, 1999;

1st March, 1999;

30th April, 1999;

31st December, 1999

LEGAL NOTICE 243 of 1998 as amended by Legal Notices 266 of 1998,

122 and 125 of 1999, 118 and 164 of 2001, 23 of 2008, 177 and 315 of

2010, 47 of 2011, 77 of 2012, 205 of 2014, 297 of 2015, 264 of 2019, 476 of

2020, 160 of 2022, 106 of 2024 and 76 of 2025.

The title of these regulations is Control of Fireworks and

other Explosives Regulations.

Amended by

L.N. 177 of 2010;

Regulations 12 (a) and 14 (b)

L.N. 315 of 2010;

L.N. 47 of 2011;

L.N. 205 of 2014;

L.N. 476 of 2020.

TIMES OF DISCHARGING OF FIREWORKS

1. Moving the Statute from the Niche

8 a.m. or 9 a.m. .................................. 10 minutes - during this time not more

than 6 petards (murtali tal-bomba) not

exceeding 10cms diameter and 10cms length

are to be let off

12 noon ............................................. 10 minutes - during this time not more

than 6 petards (murtali tal-bomba) not

exceeding 10cms diameter and 10cms length

are to be let off

Removal of the statue from the niche . 20 minutes

Evening display ................................. 20 minutes, not to finish later than 10

p.m.

Ground fireworks, without bombs, rockets and aerial catherine wheels (m[ienen)

shall finish by not later than midnight of that same day.

2. First and Second Day of Triduum

8 a.m. or 9 a.m. .................................. 10 minutes - during this time not more

than 6 petards (murtali tal-bomba) not

exceeding 10cms diameter and 10cms length

are to be let off

12 noon ............................................. 10 minutes - during this time not more

than 6 petards (murtali tal-bomba) not

exceeding 10cms diameter and 10cms length

are to be let off

End of religious function (barka) ....... 20 minutes

Evening display ................................. 20 minutes, not to finish later than 10

p.m.

Ground fireworks, without bombs, rockets and aerial catherine wheels (m[ienen)

shall finish by not later than midnight of that same day.

3. Third Day of Triduum

As per days at 1 and 2 above, except that the evening display may extend for up to

45 minutes, but not to exceed 11 p.m.

Ground fireworks, without bombs, rockets and aerial catherine wheels (m[ienen)

shall finish by not later than 1 a.m. of the following day.

4. Eve of the Feast

Te Deum or 8 a.m. or 9 a.m. ............... 30 minutes - during this time not more

than 6 petards (murtali tal-bomba) not

exceeding 10cms diameter and 10cms length

are to be let off

CONTROL OF FIREWORKS AND OTHER EXPLOSIVES

11.45 a.m. or 12 noon ........................ 20 minutes - during this time not more

than 6 petards (murtali tal-bomba) not

exceeding 10cms diameter and 10cms

length are to be let off

Evening service (Translazzjoni) ......... 1 hour of daylight fireworks display

Evening display ................................. to commence by not later than 10 p.m. but

to finish by not later than 11.30 p.m.

(provided that any such display shall not

exceed in total a maximum of two hours

from commencement)

Ground fireworks, without bombs,

roc ke ts and ae rial cathe rine wheels

(m[ienen) .............................................. to end by 1.30 a.m. of the following day -

no aerial fireworks to follow.

5. Day of the feast

8 a.m. or 9 a.m. .................................. 10 minutes - during this time not more

than 6 petards (murtali tal-bomba) not

exceeding 10cms diameter and 10cms length

are to be let off

11.45 a.m. or 12 noon/Sanctus ........... 20 minutes

Procession .........................................

(a) 7 p.m. on Feast Day and to finish

by 11 p.m. in general (provided that in the

case of Feasts held in the months between

November and March the Commissioner of

Police may authorise, on a case by case

basis, the commencement of discharge of

fireworks at an earlier time, so long as this

is not earlier than 5 p.m);

(b) 8 a.m. on Feast Day and to finish

by 12 noon in respect of feasts where the

procession is traditionally held in the

morning; and

(c) an uninterrupted 30-minute break

shall be observed in the discharge of

fireworks during the times indicated in

sub-paragraphs (a) and (b) above.

6. The following conditions shall also be observed

(a) The times of firing shall be clearly indicated in the Police permit. The

sporadic discharge of aerial fireworks shall be prohibited.

(b) All applications for air or ground fireworks shall be endorsed by the

President or Secretary of the G]aqda Piroteknika Maltija.

(c) All applications for the discharge of fireworks shall be referred to the

Commissioner of Police at least one month in advance of the event

Provided that, in the case of applications for the discharge of permitted

rooftop or terrace fireworks, such applications may be submitted up to

fourteen days before the discharge.

(d) Only applications from licensed manufacturers and endorsed by the

Għaqda Piroteknika Maltija shall be accepted.

(e) In all cases, the times of firing shall be clearly indicated in the

application and permits shall be strictly enforced.

(f)

An application for Police attendance (on payment) for the conveyance

of fireworks shall invariably be demanded.

(g) All departures from permits shall be reported to the Commissioner of

Police immediately by telephone message and in writing. All offenders

shall be charged without fail.

In

these

regulations,

unless

the

context

otherwise

requires -

"inhabited area" means any area in which there is an aggregation

of houses inhabited, or capable of being inhabited, by more than

one hundred persons;

"fireworks factory" means any premises where fireworks are

manufactured or stored and includes any area within the boundaries

thereof;

"Commissioner" means the Commissioner of Police;

"explosive" means, for the purposes of these regulations, any

chemical composition, either liquid, solid or gas, that is in a state

of unstable equilibrium and which when suitably initiated by heat,

shock or friction energy, is released in the form of heat, light,

sound and/ or pressure. The chemical composition is basically

made up of an oxidizer and a fuel;

"Explosives Committee" means the Committee established in

accordance with article 23 of the Ordinance;

"Fireworks Inspector" means a fireworks inspector appointed in

accordance with regulation 16A;

"manufacture" includes the carrying out of any process of

manufacture;

"Minister" means the Minister responsible for the Police;

"Ordinance" means the Explosives Ordinance;

"precursors" means any chemical substances that, when

combined or manufactured, produce a practical effect by explosion

or detonation, including a pyrotechnic effect, and including, but not

limited to, the precursors listed in the Fourth Schedule;

"rooftops" means the uppermost part of the structure which is

permanent or temporary, certified beforehand by an expert qualified to

issue such a certification as a structure which is suitable for the

discharge therefrom of fireworks of such type, and under such

conditions as the said expert may in his discretion determine.

Amended by

L.N. 125 of 1999;

Regulation 14

L.N. 177 of 2010;

L.N. 315 of 2010;

L.N. 205 of 2014;

L.N. 264 of 2019.

TYPE OF FIREWORKS PERMITTED DURING DISCHARGE

Ground fireworks

(a) The set piece and fireworks known as [ig[ifogu.

(b) Catherine wheels.

Permitted rooftop and terrace fireworks

(a) Small paper bombs (musketterija) to be let off at a distance of not less

than seven metres from the inside of the facade. In the absence of such

distance, applicant shall encase the roll of paper bombs in wire netting

to prevent the flying of projectiles.

(b) Coloured smoke canisters to be let off at a distance of not less than two

metres from the inside of the facade.

(c) Bengala lights or lances not exceeding one inch (2.5cms) in diameter, to

be let off at a distance of not less than two metres from the inside of the

facade.

(d) Stoppini, Chinese Cakes and similar fireworks, provided that they are of a

maximum diameter of up to 3cm. These are to be let off at a distance of not

less than four metres on the inside of the facade.

(e) No fireworks, except that referred to sub-paragraphs (a), (b), (c) and

(d), shall be let-off from any rooftop;

(f)

No rooftop and terrace fireworks, irrespective of the place of letting-off,

shall be let-off later than 00.30a.m. of the next day.

Aerial fireworks

(a) Not more than 21 maroons not exceeding 12cms diameter and 12cms

length to be fired as a salute at (i) exit of the statute from the niche, (ii)

during the Evening Service (Translazzjoni), and (iii) during the

commencement of the procession on the Feast Day.

(b) Maroons of a size not exceeding 10cms in diameter and 10cms in

length.

(c) Coloured or cracker multiple break shells. Any bomb attachments are

not to exceed 10cms in diameter and 10cms in length.

CONTROL OF FIREWORKS AND OTHER EXPLOSIVES

(d) Batteries of coloured shells, maroons, crackers and whistles.

Distances for the letting off of fireworks

(a) To be discharged from at least 60 metres distance from an inhabited area

or public streets used regularly by motor vehicles - bukketti tal-kulur

and beraq/spanjoli of up to 5cms diameter; maroons cannot be

discharged.

(b) To be discharged from at least 100 metres distance from an inhabited

area or public streets used regularly by motor vehicles - whistles,

coloured or cracker shells arranged as a battery, up to a maximum width

in diameter not exceeding 7.6 cms and 7.6 cms in length and single

break and single shot shells, excluding maroons up to a maximum width

and height of 10cms, not arranged as a battery.

(c) To be discharged from at least 150 metres distance from an inhabited

area or public streets used regularly by motor vehicles - maroons not

exceeding 7.6cms in diameter and 7.6cms in length; also coloured,

whistles or cracker shells (kaxxi tal-bombi, kuluri, beraq u sfafar), all

not exceeding 7.6 cm in diameter and in length, as well as single break and

single shot shells (excluding maroons) up to a maximum width and height

of 15cms not arranged as a battery.

(d) To be discharged from at least 200 metres distance from an inhabited

area or public streets used regularly by motor vehicles - all other types

of fireworks.

(e) Rooftop and terrace fireworks may be let off from the distances stipulated

in paragraphs (a) to (d).

(1) There shall be fixed an appropriate number of signs at a

safe distance from the fireworks factory to alert persons of the

danger involved and to secure their safety.

(2) The number and size of the signs and their spacing and

distance from each individual factory shall be decided by the

Commissioner after consulting the Explosives Committee.

(3) The signs shall contain the following words in both Maltese

and English

"DANGER

Fireworks Factory

It is dangerous to Go

Beyond this Point".

(4) It shall be the responsibility of the licensee of the fireworks

factory to ensure that these signs are fixed in accordance with the

directions given by the Commissioner and that they are kept in an

upright position and properly maintained.

(Regulation 19)

CONTROL OF FIREWORKS AND OTHER EXPLOSIVES

APPLICATION FOR THE IMPORTATION OF EXPLOSIVES

(1) No person shall manufacture any fireworks or assist in

such manufacture without a licence from the Commissioner. Such

licence shall be restricted to such fireworks only as are mentioned

in the Second Schedule.

(2)

There shall be the following categories of licences

(a) Category "A" - for persons who are qualified to

manufacture and supervise the manufacture of

fireworks;

(b) Category "B" - for assistants to persons holding

licence Category "A";

(c) Category "C" - for persons who are authorised to let

off fireworks under the supervision of a person in

possession of a Category "A" licence;

(d) Category "D" - for persons who are following a course

of study for the issue of a Category "B" licence; and

(e) Category "TEMP" - for persons holding a valid licence to

let off fireworks in another State, particularly in a

Member State, and who are authorised to let off fireworks

in Malta for the duration of an event, such as fireworks

exhibitions or festivals

Provided that persons licensed in Categories "A" and "B"

shall also be authorised to let off fireworks.

(3) No licences "A" and "B" shall be issued unless the

applicant has previously attended a course of instruction on the

subject and passed an oral test or written test, or both, which

satisfies the examiners that he possesses the necessary technical

knowledge and ability to manufacture fireworks in the case of a

Category "A" licence, or to assist in their manufacture in the case

of a Category "B" licence, without danger to himself or to others.

(3A) The Commissioner may issue a Category "D" licence to all

those who apply to attend a course of instruction for the issue of a

Category "B" licence. This licence will permit its holder, under the

supervision of a Category "A" licensed person, to assist in the

manufacture and letting of fireworks; this licence will only be valid

from the period when the person applies for the same course of

instruction until the person sits for the end of the course

examination.

(3B) Category "A" licence and Category "B" licence shall be

valid for a maximum period of five years from the date of issuance

of such licences.

(4) Applications for licences in Categories "A" and "B" are to

be endorsed by the licensee of the fireworks factory in which the

applicant intends to operate.

(5) Applications for licences in Category "A" shall only be

considered if applicants have been in possession of a licence in

Category "B" for at least two years.

(6) A licence for Category "C" shall only be issued to those

persons who pass an oral test or written test, or both, which

satisfies the examiners that he possesses the necessary technical

knowledge and ability to let off fireworks without danger to

himself or to others.

(6A) Category "C" licence shall be valid for a maximum period

of five years from the date of issuance of such licence.

(7) A refresher course shall be held once every five years for

all licence holders (licences "A", "B" and "C"), which course shall

be followed by an interview, an oral test or both, administered by

members of the Explosives Committee and the fireworks

inspectors. Licence holders may also be required to sit for a written

test.

(8) Licence holders of licence "A", "B" or "C" shall

compulsorily attend a refresher course after having been called by

the Commissioner once every five years.

(9) The course referred to in sub-regulation (7) will provide

information in relation to safety procedures, the legislative

framework and the latest developments in the pyrotechnics sector.

During the interview, oral test, or both, licence holders will be

required to demonstrate knowledge of course content.

(10) Those licence holders who fail the test mentioned in sub-

regulations (7) and (9) shall have their licence withdrawn pending a

re-sit. Those who fail the re-sit may re-apply for a licence, in which

case sub-regulations (3) to (6) shall apply, both inclusive, as well as

any other regulation that applies regarding an application for a new

licence.

(11) Any licence holder who fails to attend the refresher course,

the interview or any other test, including a re-sit, will be presumed

to be no longer interested in the licence, which shall be withdrawn.

(12) A Category "TEMP" licence shall be valid for the duration

of an event, such as a fireworks exhibition or festival, during which

the holder would be letting off fireworks in Malta.

(13) Applications for licences in Category "TEMP" are to be

endorsed by the organiser of the event on the occasion of which the

applicant is to let off fireworks. Such applications shall be

submitted by the applicant, or by the organiser on behalf of the

applicant, at least fourteen days prior to the commencement of the

event. Applications shall include the personal details of the

applicant, information relating to the dates and site for letting off

and copies of any licences or qualifications held by the applicant.

Original licences or qualifications may be submitted at a later date

as directed by the Commissioner.

(14) Applicants for a Category "TEMP" licence may, if deemed

necessary by the Commissioner, be required to pass an oral test to

ascertain that they possess the necessary technical knowledge and

ability to let off fireworks without danger to themselves or to

others.

Added by

L.N. 177 of 2010.

Regulations 2 and 20

PRECURSORS

CONTROL OF FIREWORKS AND OTHER EXPLOSIVES

Part I

Barium Chlorate

Barium Nitrate

Bismuth Oxide

Bismuth Trioxide

Lead Tetraoxide

Potassium Biochromate

Potassium Chlorate

Potassium Dichromate

Potassium Nitrate

Potassium Perchlorate

Sodium Nitrate

Strontium Nitrate

Part II

Aluminium Dark

Aluminium Flitter

Aluminium Brilliant

Aluminium Atomized

Aluminium Granules

Antimony Oxalate

Antimony Sulphide

Antimony Trioxide

Antimony Trisulphide

Barium Carbonate

Barium Oxalate

Barium Sulphate

Boric Acid

Calcium Carbonate

Calcium Sulphate

Charcoal

Colophony Resin

Copper Oxychloride

Copper (I) Oxide

Copper (II) Oxide

Copper Carbonate

C PVC Powder

Copper Sulphate

CONTROL OF FIREWORKS AND OTHER EXPLOSIVES

Cryolite

Dextrin

Dyestuffs (various colours)

Ferro-Titanium

Graphite

Gum Arabic

Gum Aroids

Gum Red

Gum Copal

Hexamine

Iron

Lactose

Magnalium (Magnesium Aluminium)

Magnesium

Magnesium Carbonate

Parlon

Potassium Benzoate

PVC Powder

PVC Saran

Shellac

Silicon

Sodium Benzoate

Sodium Oxalate

Sodium Fluoride

Sodium Salicylate

Stearic Acid

Strontium Carbonate

Strontium Oxalate

Strontium Sulphate

Sulphur

Titanium

Zinc Oxide

Licences shall be in the form of an identity card.

(1) No person shall enter into any fireworks factory to

handle fireworks unless he carries with him the licence which he

shall produce to an authorised inspector on demand. The licensee of

a licensed fireworks factory, or in his absence any other person

holding a licence "A", shall be responsible for ensuring that any

restrictions or conditions attached to the above-mentioned licence

are complied with.

(2) No person holding a Category "B" licence shall enter or

remain in any fireworks factory unless there is present therein a

person holding a Category "A" licence.

(3) No person shall be present in fireworks factories for the

purpose of maintenance of the premises or equipment unless he is

so authorised by the divisional police inspector responsible for the

district and unless he is accompanied by the licensee of the

fireworks factory.

(1) The licensee of a fireworks factory shall be

responsible to ensure that the fireworks factory is compliant with

the provisions of these regulations including, but not limited to

(a) ascertaining that licence ‘A’ holders are adequately

supervising other licence holders at all times; and

(b) maintaining and updating the Register provided for in

regulation 22.

(2) All licence holders shall work under the direction of the

licensee and shall report to him in relation to any obligation

foreseen by these regulations.

(3) Whenever a fireworks factory is in contravention of

regulations 7, 8, and 9 or is otherwise in serious breach of these

regulations, or is in breach of any other law, as stipulated in the

Ordinance, the Commissioner shall suspend the licence pertaining

to the licensee, as well as the licence of any other person directly

involved in the contravention.

(1) No person shall handle or be allowed to handle any

fireworks, or loiter within the boundaries of a fireworks factory

unless he is in possession of a licence "A", "B" or "D".

(2) The licensee of a fireworks factory shall set up signs

indicating the presence of the factory at a safe distance from such

factory on every road, lane or path leading to the said factory.

It shall not be lawful for any person to manufacture, store,

convey or discharge any firework which contains any of the

following substances

(a) any admixture of potassium chlorate and sulphur or

any chlorates in an admixture with sulphur;

(b) an admixture of potassium chlorate with phosphorus or

any chlorate in an admixture with phosphorus;

(c) nitro-glycerine gelignite, TNT or other similar high

explosive; or

(d) ammonium perchlorate;

(e) an admixture of potassium chlorate and metals in any

flash composition;

(f)

an admixture of potassium chlorate and charcoal (H3)

Provided that, with reference to paragraph (e), the use of

potassium chlorate in flash mixtures shall be prohibited.

The use of blasting accessories, such as detonators, electric

or otherwise, and detonating cord in the manufacture of any

fireworks, shall be prohibited

Provided that the use of electric igniters shall be allowed.

(1) No material other than paper and cardboard shall be

used as casing for ground, rooftop or terrace fireworks.

(2) No material other than paper and cardboard shall be used as

casing for aerial fireworks, which exceed 9.5 centimetres in length

and 9.5 centimetres in diameter.

(3) In all cases the use of any kind of metallic casings shall be

prohibited.

(1) The sale of any item of fireworks, except for small

sparklers, by shops or street vendors is prohibited.

(2) For the purpose of this regulation, a small sparkler is a wire

or stick, coated with pyrotechnic composition which cannot exceed

fifty (50) grams per item that produces a shower of sparks upon

ignition. Items containing chlorate or perchlorate salt, cannot

exceed five (5) grams of composition every item.

Any person who applies for a licence to discharge

fireworks as provided for in article 24 of the Ordinance shall -

(a) comply with the times set out in the First Schedule or

as otherwise indicated in the licence;

(b) satisfy the Commissioner that the fireworks were

manufactured in a licensed factory;

(c) produce a policy of insurance adequately covering any

claims arising from the death or personal injury to

third parties or from damage to third party’s property

that may be caused by any explosion or other factor

during discharge of fireworks which policy of insurance

shall be for an amount of not less than three hundred

thousand euro (€300,000);

(d) ensure that persons letting off fireworks are in

possession of a Category "A", "B" or "C" licence.

(1) The conditions stipulated in regulation 12, excluding

paragraph (c) thereo f, shall mutatis mutandis apply to any person

who applies for a licence to discharge fireworks as provided for in

article 24 of the Ordinance, with a view to test or make a trial of a

sample of fireworks manufactured.

(2) No more than four articles may be discharged for testing or

trial purposes in anyone day.

(3) Notwithstanding the provisions of regulation 12(a), fireworks

shall be discharged for the purpose of testing or trial only during the

times specified in the licence, which shall be between 11.00 a.m and

12.00 p.m (noon), or starting from not later than one (1) hour after

sunset for a period of not longer than one (1) hour.

Except for such ground fireworks (without bombs, rockets

and aerial catherine wheels) as are known as [iggifogu, the letting

off of any other types of fireworks from streets during band

marches or other occasions shall be unlawful.

No person shall discharge any fireworks from any site

unless -

(a) the site is the one approved for that purpose in a

licence issued under the Ordinance;

(b) in the discharge of any fireworks from any approved

site, he satisfies the provisions set out in the First and

Second Schedules;

(c) the pipes for the discharge of aerial fireworks are

effectively screened at the site by wooden boards,

sandbags, tyres or cardboard or wooden boxes filled

with soil or similar material, so as to prevent the flying

of fragments caused by unintentional explosion.

(1) Only fireworks of the approved type may be let off

from a restricted site.

(2) For the purposes of sub-regulation (1) hereof, a "restricted

site" is a site so declared by the Commissioner on the advice of the

group of experts referred to in regulation 16 and includes an area

within such distance from such site as may be declared by the

Commissioner on the advice of the same group, and "fireworks of

the approved type" are fireworks of such type as may be approved

by the Commissioner for the purpose on the advice of the said

group.

(1) The Minister shall appoint a group of experts under the

chairmanship of the chairman of the Explosives Committee for the

purposes of regulation 15 or for any other purpose, consisting of -

(a) all the members of the Explosives Committee,

(b) a representative of the Superintendence of Cultural

Heritage or any other entity responsible for the

preservation of cultural heritage in terms of the Cultural

Heritage Act,

(c) a representative of the Malta Environment and

Planning Authority,

(d) a representative of such association as in the opinion

of the Minister is most representative of fireworks

manufacturers,

(e) such other person chosen from amongst persons who

in the opinion of the Minister have knowledge and

experience in explosives and/or fireworks after

consultation with the most representative organisations

concerned in such matters.

(2) In submitting their advice, the experts shall take into

consideration the type of fireworks to be discharged from the site,

the value, historical or otherwise, of the site from where these

fireworks are intended to be discharged, and the safety distances

involved.

(3) Any member of the group of experts may at any time resign

his appointment and the Minister may direct that any such member

who appears to him to be unfit to continue in office or to be

incapable of discharging his duties shall cease to hold office; but,

save as aforesaid, the members of the group shall hold office for

such period, not exceeding two years from the date of their

appointment, as may be determined by the Minister on their

appointment and shall be eligible for reappointment.

(4) If any vacancy in the composition of the group of experts

occurs during its term of office, on account of death, resignation or

for any other cause, the Minister shall, as soon as practicable,

appoint another person to fill the vacancy

Provided that the group may act notwithstanding any such

vacancy as long as a quorum consisting of half the members is

present. The group shall otherwise regulate its own proceedings.

(1) The Minister may appoint fireworks inspectors, who

shall, upon the instructions of the Explosives Committee or of the

Commissioner of Police

(a) carry out inspections of fireworks factories and make

recommendations as to ensure conformity with legal

requirements;

(b) carry out inspections at sites from which fireworks

have been, are being or are going to be let off;

(c) assist, advice and make recommendations to the

Explosives Committee, the Commissioner of Police or

the Minister as the case may be, on any matters

relating to the fireworks sector; and

(d) carry out any other task as may be directed by the

Explosives Committee or the Commissioner of Police.

(2) Fireworks inspectors appointed in accordance with this

regulation shall have such powers as are required in the

performance of their functions, which shall include the right to

enter and inspect any fireworks factory.

The person licensed to discharge fireworks shall take the

necessary steps for the recovery and removal from the area around

the site of discharge, of such items of fireworks which fail to ignite

or explode as well as any other material resulting from the

discharge of such fireworks.

No aerial fireworks shall be discharged on any day and

times other than those indicated in the Police permit.

(1) An application for the importation of explosives shall

be made on a form as prescribed in the Third Schedule. Such

application shall be accompanied by a declaration in English from

the supplier showing that such explosives are suitable for the

manufacture of fireworks or otherwise as well as by a certificate in

English of the chemical analysis of the explosives. The said

declaration or the said certificate shall also confirm that the precursors

to be used comply with the purity levels required under the laws of

Malta.

(2) The Commissioner of Police may require the applicant to

produce a sample of the explosives to be imported for laboratory

analysis and the Commissioner of Police may also require to take a

sample of the imported material to ascertain that the explosives

imported are in conformity with the specifications contained in the

declaration and the certificate produced with the application.

(3) The importer shall not remove any labels or other

specifications affixed to the containers of such explosives prior to

the supply thereof to the manufacturers.

(4) The importer shall deliver to the manufacturer a material

safety data sheet, and any labels or other specifications with each

s u p p l y o f p r e c u r s o r s m a d e t o t h e m a n u f a c t u r e r, a n d t h e

manufacturer shall ensure that such material safety data sheets,

labels or other specifications are made available at the fireworks

factory.

(1) Notwithstanding any other law, a manufacturer shall

not sell or transfer under any title whatsoever and to any person

whosoever, any precursor listed in Part I of the Fourth Schedule, or

any partially manufactured fireworks. A manufacturer may only

sell, transfer or deliver under any title whatsoever, fireworks the

manufacture of which has been completed and which are ready to

be let off

Provided that any such sale, transfer or delivery of finished

fireworks shall be subject to the relevant license requirements laid

down in the Ordinance and in any regulations made thereunder.

(2) No dealer or importer may sell, transfer or deliver under

any title whatsoever, to any person, not being the licensee of a

fireworks factory, any quantity of any precursor listed in Part I of

the Fourth Schedule, which was so imported for use in the

manufacturing of fireworks and any other oxidizing precursors as

the Commissioner may direct

Provided that the Minister may, by order in the Gazette,

make any additions, deletions or variations to the Fourth Schedule.

(1) No fireworks factory shall purchase or otherwise

acquire potassium chlorate in a quantity exceeding 1000Kg and

potassium nitrate in a quantity exceeding 3200Kg between the 1st

October of one year and the 30th September of the next following

year.

(2) The Commissioner may, following the advice of, and with the

conditions set by, the Explosives Committee, allocate a yearly quota

not exceeding 1000 kilos of potassium nitrate, between the 1st October

and the 30th September of the following year, to an organisation for

the exclusive use for the manufacture of black powder for use at

authorised re-enactments, filming or related events that involve the

firing of blank shots.

(3) The potassium nitrate allocated under this regulation shall be

collected from the appropriate Armed Forces of Malta storage facility

and shall be used for the manufacture of black powder by the

fireworks factory contracted to manufacture such black powder by any

such organisation. The manufactured black powder shall be stored at

the aforementioned fireworks factory until such time as the black

powder is to be used

Provided that no fireworks factory shall enter into more

than one contract or arrangement for the manufacture of black

powder for a third party at any given time.

(1) The licensee of a fireworks factory shall enter in a

register the quantity of

(a) potassium nitrate acquired and the amount

of

blackpowder produced on a yearly basis; and;

(b) potassium perchlorate acquired and the amount of flash

produced on a yearly basis; and

(c) the amount of potassium chlorate acquired and the

amount of star composition produced on a yearly basis..

(2) This register shall, at all times, be open to inspection by

fireworks inspectors and the Police.

Whenever waste or side products such as waste paper,

cardboard or other similar waste are to be disposed of at a

fireworks complex, the licensee, or a licence "A" holder shall

inform the divisional Police in advance of such disposal for the

purpose of enabling the avoidance of unnecessary alarm.

(1) The Commissioner may permit, subject to a positive

recommendation by the Committee established in accordance with

article 23 of the Ordinance, the use of emission fireworks on

U n m a n n e d A e r i a l Ve h i c l e s ( U AV s ) h o l d i n g a n o p er a t i o n a l

authorisation issued by the Civil Aviation Directorate within the

Authority for Transport in Malta

Provided that for the purposes of this regulation

"Civil Aviation Directorate" means the Directorate responsible

for all matters connected with civil aviation, including air navigation,

the registration of aircraft and aircraft mortgages, the provision of

ancillary services and the promotion of Malta as an international

centre for aircraft registration and ancillary services;

"emission fireworks" means fireworks which emit sparks,

flames or other visual and auditory effects when ignited. These

fireworks are designed to produce a display of light and colour by

means of the controlled release of pyrotechnic compounds.

Pyrotechnics that contain any type of flashes or bangers and, or any

type of projectile and, or projected pyrotechnics shall not fall under

this definition.

(2)

A decision to authorise the use of such Unmanned Aerial

Vehicles (UAVs) in accordance with these regulations shall only be

issued to a person licensed to manufacture fireworks in terms of the

Ordinance and these regulations, provided that such person is also in

possession of an operational authorisation to operate Unmanned Aerial

Vehicles (UAVs) or is assisted by a person holding such an operational

authorisation.

(3)

The applicant shall submit the following documents with

his application, along with any other document required by the

Commissioner

(a)

proof that he is in possession of the licences and

authorisations referred to in sub-regulation (2), either on his

own or in partnership with another person;

(b)

insurance coverage for the proposed event and the

activities to be conducted;

(c)

a risk assessment of the intended operation,

including measures to mitigate risk in accordance with the

methodology prescribed by the Civil Aviation Directorate

within the Authority for Transport in Malta; and

(d)

flight authorisations by the Civil Aviation

Directorate within the Authority for Transport in Malta.

(4)

The Commissioner may only issue an authorisation in

relation to

(a)

fireworks events organised by the State; and

(b)

on condition that the Unmanned Aerial Vehicles

(UAVs) do not hover or fly over groups of people.

(5) In the event that the Commissioner permits the use of

Unmanned Aerial Vehicles (UAVs) in terms of this regulation, he may

impose limits on the number of such vehicles that may be used.

CONTROL OF FIREWORKS AND OTHER EXPLOSIVES