S.L. 427.70 · sl/427.70 (S.L. 427.70)
S.L. 427.70 ст. 4Definitions. S.L. 419.07 Cap. 33 Cap. 510
In these regulations, unless the context otherwise requires: "accreditation" means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008; "ammunition" means projectiles and propelling charges and blank ammunition used in portable firearms, other guns and artillery;
"CE marking" means a marking by which the manufacturer indicates that the pyrotechnic article is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing. "conformity assessment body" means a body that performs conformity assessment activities including calibration, testing, certification and inspection;
"conformity assessment" means the process demonstrating whether the essential safety requirements of these Regulations relating to a pyrotechnic article have been fulfilled; "distributor" means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a pyrotechnic article available on the market; "economic operators" means the manufacturer, the importer and the distributor; "firework" means a pyrotechnic article intended for entertainment purposes; "harmonised standard" means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012; "importer" means any natural or legal person established within Union market in the course of a commercial activity, whether in return for payment or free of charge;
"manufacturer" means a natural or legal person who manufactures a pyrotechnic article, or has such an article designed or manufactured, and markets that pyrotechnic article under his name or trademark; "National Accreditation Board (Malta)" means the National Accreditation Board (Malta) established in terms of regulation 3 of the National Accreditation Board (Malta) (Establishment)
Regulations; "notified body" means a body authorised to carry out third-party conformity assessment tasks under Directive 2013/29/EU and notified to the European Commission and to the Member States.
"Ordinance" means the Explosives Ordinance; "person with specialist knowledge" means a person who holds a valid licence A, B, or C granted in accordance with the Ordinance and its regulations, or a person who is otherwise considered by the Commissioner of Police to have specialist knowledge; "placing on the market" means the first making available of a pyrotechnic article on the Union market; "pyrotechnic article" means any article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions;
"pyrotechnic articles for vehicles" means components of safety devices in vehicles which contain pyrotechnic substances used to activate these or other devices; "recall" means any measure aimed at achieving the return of a pyrotechnic article that has already been made available to the end-user; the "Technical Regulations Division" means the Technical Regulations Division within the Malta Competition and Consumer Affairs Authority as established by the Malta Competition and
Consumer Affairs Authority Act; "technical specification" means a document that prescribes technical requirements to be fulfilled by a pyrotechnic article; "theatrical pyrotechnic articles" means pyrotechnic articles designed for indoor or outdoor stage use, including film and television productions or similar use; "Union harmonisation legislation" means any Union legislation harmonising the conditions for the marketing of products; "withdrawal" means any measure aimed at preventing a pyrotechnic article in the supply chain from being made available
(2) The placing on the market of pyrotechnic articles which satisfy the requirements of these regulations shall not be prohibited, restricted or hindered.
(3) At trade fairs, exhibitions and demonstrations for the marketing of pyrotechnic articles, the showing and use of pyrotechnic articles not in conformity with the provisions of these regulations shall not be prohibited, provided that a visible sign clearly indicates the name and date of the trade fair, exhibition or demonstration in question and the non-conformity and non-availability for sale of the articles until brought into conformity. During such events, appropriate safety measures shall be taken in accordance with any requirements laid down by the Commissioner of Police.
(4) The free movement and use of pyrotechnic articles manufactured for the purpose of research, development and testing and which are not in conformity with the provisions of these regulations shall not be prohibited, provided that a visible sign clearly indicates their non-conformity and non-availability for purposes other than research, development and testing.
(5) Certificates issued under Directive 2007/23/EC shall be valid under Directive 2013/29/EU which is being transposed by these Regulations.