MT
MARKETING AND USE OF EXPLOSIVE PRECURSORS (IMPLEMENTING) REGULATIONS
Table of Provisions (6)
Statutory Text (6 Articles)
MARKETING AND USE OF EXPLOSIVE
PRECURSORS (IMPLEMENTING)
SUBSIDIARY LEGISLATION 427.102
MARKETING AND USE OF EXPLOSIVE
PRECURSORS (IMPLEMENTING) REGULATIONS
1st February, 2021
LEGAL NOTICE 319 of 2021.
(1)
The title of these regulations is the Marketing and
Use of Explosive Precursors (Implementing) Regulations.
(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.
In these regulations, unless the context otherwise
requires
"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;
MARKETING AND USE OF EXPLOSIVE
PRECURSORS (IMPLEMENTING)
(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.