S.L. 33.7 Art. 22Market surveillance.

(1) The Police shall take appropriate measures to ensure that explosives may be placed on the market only if, when properly stored and used for their intended purpose, they do not endanger the health and safety of persons.

(2) Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to explosives.

(3) Where the Police has sufficient reasons to believe that an explosive presents a risk to the health or safety of persons, to property or to the environment, they shall carry out an evaluation in relation to the explosive concerned covering all relevant requirements laid down in these regulations. The relevant economic operators shall cooperate as necessary with the Police.

(4) Where, in the course of the evaluation referred to in sub-regulation (3), the Police finds that the explosive does not comply with the requirements laid down in these regulations, they shall without delay require the relevant economic operator to take all appropriate corrective action to bring the explosive into compliance with those requirements, to withdraw the explosive from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe. It shall also inform the Notified Body accordingly. The Police shall also inform the Technical Regulations Division.

(5) Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in sub-regulation (4).

(6) Where the Police, in collaboration with the Technical Regulations Division, considers that non-compliance is not restricted to the Maltese territory, it shall inform the European Commission and the other Member States of the results of the evaluation and of the actions which it has required the economic operator to take.

(7) The economic operator shall ensure that all appropriate corrective action is taken in respect of all the explosives concerned that it has made available on the market throughout the European Union.

(8) Where the relevant economic operator does not take adequate corrective action within the period referred to in regulation 22(4), the Police shall take all appropriate provisional measures to prohibit or restrict the explosives being made available on the Maltese market, to withdraw the explosive from this market or to recall it. The Police shall inform the Technical Regulations Division of such measures.

(9) The Technical Regulations Division shall inform the European Commission and the other Member States, without delay, of those measures referred to in sub-regulation (8).

(10) The information referred to in sub-regulation (9) shall include all available details, in particular the data necessary for the identification of the non-compliant explosive, the origin of the explosive, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic operator. In particular, the Police, in collaboration with Technical Regulations Division, shall indicate whether the non-compliance is due to either of the following:

(a) failure of the explosive to meet requirements relating to the health or safety of persons, the protection of property or the environment laid down in these regulations; or

(b) shortcomings in the harmonised standards referred to in regulation 14 conferring a presumption of conformity.

(11) When the procedure under this regulation is initiated by another Member State, the Technical Regulations Division, in collaboration with the Police, shall without delay inform the European Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the explosive concerned, and, in the event of disagreement with the adopted national measure, of their objections.

(12) Where, within three months of receipt of the information referred to in sub-regulation (9), no objection has been raised by either a Member State or the European Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.

In such cases, the Police shall ensure that appropriate restrictive measures are taken in respect of the explosive concerned, such as withdrawal of the explosive from the Maltese market, without delay.

(13) Where on completion of the procedure set out in sub-regulations (7) to (8), objections are raised against a measure taken by the Police, or where the European Commission considers a national measure to be contrary to European Union legislation, the European Commission shall without delay enter into consultation with the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall adopt an implementing act determining whether the national measure is justified or not. If, on the basis of this evaluation, the national measure is considered justified, the Police shall ensure that the non-compliant explosive is withdrawn from the Maltese market and shall inform the Technical Regulations Division and the European Commission accordingly. If, on the basis of this evaluation, the national measure is considered unjustified, the national measure shall be withdrawn.

(14) Where, having carried out an evaluation under regulation 22(3), the Police finds that although an explosive is in compliance with these regulations, it presents a risk to the health or safety of persons, or to property or the environment, it shall require the relevant economic operator to take all appropriate measures to ensure that the explosive concerned, when placed on the market, no longer presents that risk, to withdraw the explosive from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.

(15) The economic operator shall ensure that corrective action is taken in respect of all the explosives concerned that he has made available on the market throughout the European Union.

(16) The Police, upon consultation with the Technical Regulations Division, shall immediately inform the Commission and the other Member States. That information shall include all available details, in particular the data necessary for the identification of the explosive concerned, the origin and the supply chain of the explosive, the nature of the risk involved and the nature and duration of the national measures taken.

(17) Without prejudice to sub-regulations (3) to (12), where the Police makes one of the following findings, it shall require the relevant economic operator to put an end to the non-compliance concerned:

(a) the CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or of regulations 17(2) to 17(6);

(b) the CE marking has not been affixed;

(c) the identification number of the notified body, where that body is involved in the production control phase, has been affixed in violation of regulations 17(2) to 17(6) or has not been affixed;

(d) the EU declaration of conformity has not been drawn up;

(e) the EU declaration of conformity has not been drawn up correctly;

(f) technical documentation is either not available or not complete;

(g) the information referred to in regulation 7(5) or regulation 9(3) is absent, false or incomplete;

(h) any other administrative requirement provided for in regulation 7 or regulation 9 is not fulfilled.

(18) Where the non-compliance referred to in sub-regulation

(17) persists, the Police shall take all appropriate measures to restrict or prohibit the explosive being made available on the Maltese market or ensure that it is recalled or withdrawn from the Maltese market.