S.L. 427.70 Art. 23Market Surveillance.

(1) The Technical Regulations Division, in collaboration with the Commissioner of Police, shall take appropriate measures to ensure that pyrotechnic articles 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. In the case of inspections at storage and manufacturing sites of pyrotechnic articles that are covered by the scope of these Regulations, the Technical Regulations Division shall be accompanied by the Police.

(2) Article 15(3) and Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to pyrotechnic articles.

(3) The Technical Regulations Division shall inform the European Commission annually about its market surveillance activities.

(4) Where the Commissioner of Police and/or the Technical Regulations Division have sufficient reasons to believe that a pyrotechnic article presents a risk to the health or safety of persons or to other aspects of public interest protection covered by these Regulations, they shall carry out an evaluation in relation to the pyrotechnic article concerned covering all relevant requirements laid down in these Regulations. The relevant economic operators shall cooperate as necessary with the Commissioner of Police and/ or the Technical Regulations Division.

(5) Where, in the course of the evaluation referred to in sub-regulation (4), the Commissioner of Police and/or the Technical Regulations Division find that the pyrotechnic article 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 actions to bring the pyrotechnic article into compliance with those requirements, to withdraw the pyrotechnic article from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe. They shall also inform the notified body accordingly.

(6) Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in the second sub-paragraph of this paragraph.

(7) Where the Technical Regulations Division, in collaboration with the Commissioner of Police, 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 they have required the economic operator to take.

(8) The economic operator shall ensure that all appropriate corrective action is taken in respect of all the pyrotechnic articles concerned that it has made available on the market throughout the with the Commissioner of Police shall take all appropriate provisional measures to prohibit or restrict the pyrotechnic articles being made available on the Maltese market, to withdraw the pyrotechnic article from this market or to recall it.

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

(11) The information referred to in sub-regulation (10) shall include all available details, in particular the data necessary for the identification of the non-compliant pyrotechnic article, the origin of the pyrotechnic article, 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 Technical Regulations Division, in collaboration with the Commissioner of Police, shall indicate whether the non-compliance is due to either of the following:

(a) failure of the pyrotechnic article to meet requirements relating to the health or safety of persons or to other aspects of public interest protection laid down in these Regulations; or

(b) shortcomings in the harmonised standards referred to in regulation 16 conferring a presumption of conformity.

(12) When the procedure under this regulation is initiated by another Member State, the Technical Regulations Division, upon consultation with the Commissioner of 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 pyrotechnic article concerned, and, in the event of disagreement with the adopted national measure, of their objections.

(13) Where, within three months of receipt of the information referred to in the sub-regulation (10), 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 Commissioner of Police, upon consultation with the Technical Regulations Division, shall ensure that appropriate restrictive measures, such as withdrawal of the pyrotechnic article from the market, are taken in respect of the pyrotechnic article concerned without delay.

(14) Where on completion of the procedure set out in sub-regulations (8) and (9), objections are raised against the measures taken by Technical Regulations Division in collaboration with the considered justified, the Technical Regulations Division in collaboration with the Commissioner of Police, shall ensure that the non-compliant pyrotechnic article is withdrawn from the Maltese market and shall inform the European Commission accordingly.

If, on the basis of this evaluation, the national measure is considered unjustified, the national measure shall be withdrawn.

(15) Where, having carried out an evaluation under sub-regulation (4), the Technical Regulations Division, in collaboration with the Commissioner of Police, finds that although a pyrotechnic article is in compliance with these Regulations, it presents a risk to the health or safety of persons or to other aspects of public interest protection, it shall require the relevant economic operator to take all appropriate measures to ensure that the pyrotechnic article concerned, when placed on the market, no longer presents that risk, to withdraw the pyrotechnic article from the market or to recall it within a reasonable period, commensurate with the nature of the risk, as it may prescribe.

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

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

(18) Without prejudice to sub-regulations (4) to (13), where the Technical Regulations Division and/or the Commissioner of Police make 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 regulation 18;

(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 regulation 18 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;

(h) any other administrative requirement provided for in regulation 8 or regulation 12 is not fulfilled.

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

(18) persists, the Technical Regulations Division, in collaboration with the Commissioner of Police, shall take all appropriate measures to restrict or prohibit the pyrotechnic article being made available on the Maltese market or ensure that it is recalled or withdrawn from the Maltese market.

(20) The powers of the Commissioner of Police under this regulation may be exercised by any officer or other entity as he may direct.