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Marketing and Use of Explosive Precursors (Implementing) Regulations, 2021

OPEN CONSULTATION  


 
From: Ministry for Tourism and Consumer Protection
(
Malta Competition and Consumer Affairs Authority)
​Published: 22 February 2021
Running till: 22 March 2021
​Last Updated: 22 February 2021

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?​

 
4.        Submission of input

Submissions must be sent in through one of the following channels:

By filling the online form below.

Submissions must be received by 22 March 2021.​
We thank you in advance for your input.

Submit your online feedback below:​









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Necessary fields.

 
Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.
Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address: onlineconsultations@gov.mt.
Comments cannot exceed 10,000 characters. If you think your submission will exceed this limit please make use of the email address published on this consultation page.   

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The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).

 

In addition, please be aware of:
 
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.​


www.konsultazzjoni.gov.mt

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