CONSULTATION OUTCOME: FINAL REPORT
Original Consultation
1. Background
Regulation
(EU) 2019/1148 establishes harmonised rules concerning the making
available, introduction, possession and use of substances or mixtures that
could be misused for the illicit manufacture of explosives, with a view to
limiting the availability of those substances or mixtures to members of the
general public, and with a view to ensuring
the appropriate reporting of suspicious transactions throughout the supply
chain.
This Regulation is without prejudice to other more
stringent provisions of Union law concerning the substances listed in Annexes I
and II.
Member States shall ensure that
restricted explosives precursors as listed in Annex I shall not be made
available to, or introduced, possessed, or used by members of the general
public. However, a Member State may maintain or establish a licensing regime
allowing certain restricted explosives 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 the table in Annex I of that same regulation.
Information on Regulation (EU)
2019/1148 of the European Parliament and of the Council on the marketing
and use of explosives precursors, amending Regulation (EC) No 1907/2006 and
repealing Regulation (EU) No 98/2013 can be accessed through the following
link:
The aim of the proposed regulations is
to implement into Maltese law the various provisions of Regulation
2019/1148/EU.
The Regulation that is to be implemented
may be accessed through the following link:
The objectives of the regulation being implemented
by the draft Legal Notice are:
Establishing harmonised
rules concerning the making available, introduction, possession and use of
substances or mixtures that could be misused for the illicit manufacture of
explosives, with a view to limiting the availability of those substances or
mixtures to members of the general public, and with a view to ensuring the appropriate
reporting of suspicious transactions throughout the supply chain, without
prejudice to other more stringent provisions of Union law concerning the
substances listed in Annexes I and II of the regulation.
2. Consultation Questions
a) In Malta, as of 1st February, 2021 members of the General
Public do not have market access to restricted explosive precursors listed in
Annex I of the regulation. Do you agree that the legitimate needs of the
members of the general public are met when using substances listed in Annex I below their limit value?
b)
Do you think that the
public requires a licencing regime for any or all specific substances in Annex I?
If so, for what purpose?