S.L. 545.9 Art. 5Availability of stocks.

(1) At all times, economic operators shall ensure that emergency stocks and specific stocks are available and physically accessible for the purposes of these regulations. Economic operators shall ensure that stocks are identifiable and accountable and under their control and that such stocks may be verified at any time. This requirement shall also apply to any emergency stocks and specific stocks that are commingled with other stocks held by economic operators.

(2) Economic operators shall take all necessary measures to prevent all obstacles and encumbrances that could hamper the availability of emergency stocks and specific stocks. The Regulator may set limits or additional conditions on the possibility of emergency stocks and specific stocks being held outside Malta.

(3) Where there is reason to implement the emergency procedures provided for in regulation 20, the Regulator shall prohibit, and the economic operators shall refrain from taking, any measure hindering the transfer, use or release of emergency stocks or specific stocks held within Malta on behalf of another Member State.

(4) The Regulator may issue any decision or give a directive as it may deem necessary, and economic operators shall observe any such decision or directive, to ensure that emergency stocks and specific stocks are available and physically accessible for the purposes of these regulations.