S.L. 33.7 Art. 23Transfers of explosives.

(1) Explosives may be transferred only in accordance with sub-regulations (2) to (7).

(2) Approval to transfer explosives shall be obtained by the consignee from the Commissioner of Police. The Commissioner of Police shall verify that the consignee is legally authorised to acquire explosives and that he is in possession of a licence in terms of these Regulations. The economic operator responsible for the transfer shall notify the competent authorities of the transit Member State of any movement of explosives through the Member State concerned and shall obtain prior approval of the transit Member State concerned. Whenever explosives are transited through Malta, the Commissioner of Police shall be notified and the transit shall take place only if approval has been issued.

(3) Where the Commissioner of Police considers that there is a problem regarding the verification of the entitlement to acquire explosives referred to in sub-regulation (2), the Commissioner of Police shall forward the available information on the subject to the Commission which shall inform the other Member States thereof.

(4) Where the Commissioner of Police approves a transfer, the Commissioner of Police shall issue to the consignee a document which includes all the information referred to in sub-regulation (5). Such a document shall accompany the explosives until they arrive at their stated destination. It shall be produced at the request of the relevant competent authorities. A copy of that document shall be retained by the consignee who shall present it, upon request, for examination by the Commissioner of Police.

(5) Prior to the transfer of explosives, the following information shall be provided by the consignee to the Commissioner of Police:

(a) the names and addresses of the economic operators concerned;

(b) the number and quantity of the explosives being transferred;

(c) a full description of the explosives in question 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. The Commissioner of Police shall examine the conditions under which the transfer may take place, with particular regard to security requirements. If such requirements are satisfied, approval for the transfer shall be granted.

(6) At the request of the Commissioner of Police, the consignees and the economic operators concerned shall forward the required information concerning the transfer of explosives whenever Malta is the state of departure or the state of transit.

(7) No economic operator may transfer explosives unless the consignee has obtained the necessary licences for the transfer in accordance with sub-regulations (2), (4) and (5).