The following categories do not fall within scope of these regulations:
(a) Explosives, including ammunition, intended for use, in accordance with Maltese law, by the armed forces or the police
(b) Pyrotechnic articles falling within the scope of the Making Available on the Market of Pyrotechnic Articles Regulations (See S.L. 427.70 for more info)
(c) Ammunition, with some exceptions as listed below (By ammunition, reference is being made to projectiles with or without propelling charges and blank ammunition used in portable firearms, other guns and artillery)
What are my obligations as a Manufacturer?
As a manufacturer, when placing explosives on the market or when using them for your own purposes, you must ensure that they have been designed and manufactured in accordance with the requirements set out in Schedule II of S.L. 33.07.
You are also required to draw up technical documentation as required in Schedule III of that same Subsidiary Legislation, following the relevant conformity assessment procedures as required. As a consequence, you are also required to draw up a EU Declaration of Conformity and affix the CE mark.
An importer is a person established within the Union who places an explosive from a third country on the market. As an importer, you may only place compliant articles on the market.
It is your responsibility to ensure that the manufacturer providing you with the explosives is aware and compliant with the obligations under these regulations, before placing the explosives on the single market. (See Regulation 9 of S.L. 33.07 for a full list of obligations)
What are my obligations as a Distributor?
A distributor is a person in the supply chain, other than the manufacturer or the importer, who makes an explosive available on the market. Similar to an importer, you must ensure that you only place compliant explosives on the market.
When is an Importer and/or a Distributor considered a Manufacturer?
An importer or distributor shall be considered a manufacturer for the purposes of these regulations and shall be subject to the obligations of the manufacturer under these regulations, where an importer/distributor places an explosive on the market under their name or trademark, or modifies an explosive already placed on the market in such a way that compliance with the requirements of these regulations may be affected.
What about the Identification of Explosives?
Economic operators (manufacturers, authorized representatives, importers and/or distributors, and any person who is involved in storage, use, transfer, import/export or trade) must follow a uniform system for the unique identification and traceability of explosives. This system must consider the shape, size and design (expect when it is not necessary due to low level of hazard, based on its characteristics and in cases where the explosive in question has been produced in situ).
This identification system must:
Provide for the collection and storage of data (including electronic means where appropriate),
Enable the unique identification and traceability of the explosive,
Provide for the placement of a unique identification on the explosive and/or its packaging enabling access to that data.
The data shall relate to the unique identification of the explosive, including its location while in the possession of economic operators and the identity of those economic operators. Such data must be kept available for a period of 10 years after transaction, use or disposal and must be provided immediately at the request of the Technical Regulations Division or the Malta Police Force.
What conformity Assessment procedures must be followed?
Explosives which conform with harmonised standards, will also be deemed in conformity with the essential safety requirements as detailed in Schedule II of S.L. 33.07 covered by those standards or parts thereof. The conformity assessment procedure to follow depends on the explosive. It must be done in accordance with Schedule III of the same National Legislation.
When a manufacturer is going to place an explosive on the market, he must draw up a declaration of conformity beforehand. This declaration of conformity shall state the fulfilment of essential safety requirements as set out in Schedule II of the national legislation and must be drawn up in accordance with Schedule IV. The Declaration of Conformity should have the elements as detailed in Schedule III contained within.
What procedures must I follow when transferring explosives to/from another Member state?
When one is to transfer explosives between Member states through Malta, they must first get the necessary approval from the Commissioner of Police, who will verify that the consignee is authorised to acquire those explosives (and is also in possession of a valid licence).
If the Commissioner of Police considers that there is a problem concerning the verification of entitlement to acquire explosives, the Commissioner of Police shall notify the Commission who will in turn notify the relevant Member state.
The Commissioner must receive the following information from the consignee prior to the transfer:
(a) the names and addresses of the economic operators concerned
(b) the number and quantity of the explosives
(c) a full description of the explosives and of the means of identification, including the United Nations identification number
(d) where the explosives are to be placed on the market, information on compliance with conditions for placing on the market
(e) the means of transfer and the itinerary
(f) the expected dates of departure and arrival
(g) where necessary, the precise points of entry to and exit from Malta
A note on transfer of ammunition between member states:
On the other hand, if one wishes to transport ammunition between member states, they must communicate to the Commissioner the following information:
(a) the names and addresses of the person selling or transferring the ammunition, of the person purchasing or acquiring the ammunition and, where appropriate, of the owner
(b) the address to which the ammunition is to be consigned or transported
(c) the quantity of ammunition to be consigned or transported
(d) data making it possible to identify the ammunition and also an indication that the ammunition has undergone a check in accordance with the Reciprocal Recognition of Proof marks on Small Arms convention
(e) the means of transfer
(f) the date of departure and the estimated date of arrival