S.L. 33.3 чл. 4Licence.

(1) No person shall manufacture any fireworks or assist in such manufacture without a licence from the Commissioner. Such licence shall be restricted to such fireworks only as are mentioned in the Second Schedule.

(2) There shall be the following categories of licences:

(a) Category "A" - for persons who are qualified to manufacture and supervise the manufacture of fireworks;

(b) Category "B" - for assistants to persons holding licence Category "A";

(c) Category "C" - for persons who are authorised to let off fireworks under the supervision of a person in possession of a Category "A" licence;

(d) Category "D" - for persons who are following a course of study for the issue of a Category "B" licence; and

(e) Category "TEMP" - for persons holding a valid licence to let off fireworks in another State, particularly in a Member State, and who are authorised to let off fireworks in Malta for the duration of an event, such as fireworks exhibitions or festivals: Provided that persons licensed in Categories "A" and "B" shall also be authorised to let off fireworks.

(3) No licences "A" and "B" shall be issued unless the applicant has previously attended a course of instruction on the subject and passed an oral test or written test, or both, which satisfies the examiners that he possesses the necessary technical knowledge and ability to manufacture fireworks in the case of a Category "A" licence, or to assist in their manufacture in the case of a Category "B" licence, without danger to himself or to others.

(3A) The Commissioner may issue a Category "D" licence to all those who apply to attend a course of instruction for the issue of a Category "B" licence. This licence will permit its holder, under the supervision of a Category "A" licensed person, to assist in the manufacture and letting of fireworks; this licence will only be valid from the period when the person applies for the same course of instruction until the person sits for the end of the course examination.

(3B) Category "A" licence and Category "B" licence shall be valid for a maximum period of five years from the date of issuance of such licences.

(4) Applications for licences in Categories "A" and "B" are to be endorsed by the licensee of the fireworks factory in which the applicant intends to operate.

(5) Applications for licences in Category "A" shall only be considered if applicants have been in possession of a licence in Category "B" for at least two years.

(6) A licence for Category "C" shall only be issued to those persons who pass an oral test or written test, or both, which satisfies the examiners that he possesses the necessary technical knowledge and ability to let off fireworks without danger to himself or to others.

(6A) Category "C" licence shall be valid for a maximum period of five years from the date of issuance of such licence.

(7) A refresher course shall be held once every five years for all licence holders (licences "A", "B" and "C"), which course shall be followed by an interview, an oral test or both, administered by members of the Explosives Committee and the fireworks inspectors. Licence holders may also be required to sit for a written test.

(8) Licence holders of licence "A", "B" or "C" shall compulsorily attend a refresher course after having been called by the Commissioner once every five years.

(9) The course referred to in sub-regulation (7) will provide information in relation to safety procedures, the legislative framework and the latest developments in the pyrotechnics sector. During the interview, oral test, or both, licence holders will be required to demonstrate knowledge of course content.

(10) Those licence holders who fail the test mentioned in sub-regulations (7) and (9) shall have their licence withdrawn pending a re-sit. Those who fail the re-sit may re-apply for a licence, in which case sub-regulations (3) to (6) shall apply, both inclusive, as well as any other regulation that applies regarding an application for a new licence.

(11) Any licence holder who fails to attend the refresher course, the interview or any other test, including a re-sit, will be presumed to be no longer interested in the licence, which shall be withdrawn.

(12) A Category "TEMP" licence shall be valid for the duration of an event, such as a fireworks exhibition or festival, during which the holder would be letting off fireworks in Malta.

(13) Applications for licences in Category "TEMP" are to be endorsed by the organiser of the event on the occasion of which the applicant is to let off fireworks. Such applications shall be submitted by the applicant, or by the organiser on behalf of the applicant, at least fourteen days prior to the commencement of the event. Applications shall include the personal details of the applicant, information relating to the dates and site for letting off and copies of any licences or qualifications held by the applicant. Original licences or qualifications may be submitted at a later date as directed by the Commissioner.

(14) Applicants for a Category "TEMP" licence may, if deemed necessary by the Commissioner, be required to pass an oral test to ascertain that they possess the necessary technical knowledge and ability to let off fireworks without danger to themselves or to others.