Legalize / United Kingdom / Statutory-Instrument

The Pyrotechnic Articles (Safety) Regulations 2015

Type Statutory-Instrument

Publication 2015-07-19

Last updated 2025-02-27

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

[^M_E_df62c936-096c-4c4d-8b92-d64c6c7e3cdb]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^M_E_db0d30bb-dacb-4d99-e452-5538311217a0]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^M_E_96382726-fc9e-43c1-9707-60a6b8a7f802]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^M_E_fa0ca97e-064e-459b-fa08-e5fbd9cec82b]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^M_E_e0c3d53e-e5d7-4d02-a35f-a74b1817b686]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^M_E_2bd46258-0b1d-47e6-d1bb-8582c4f582f5]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^M_E_30d0b04b-96ac-4bd7-c34e-288691e968c4]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^M_E_061df6be-8969-402b-a78e-f25e3b636269]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^M_E_efd73f00-0cf8-4ec2-ce78-5fdd321a06d3]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^M_E_daaddb47-8c4c-4d8a-af2e-ddeeb6a6cc3c]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^key-83c105b3bc64e8380d4a7835c2d74b8d]: Word in Sch. 6 para. 5 inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(6)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-355ba0f8174fcb508de4f39c36dd6362]: Words in Sch. 6 para. 5(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(6)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^M_E_7449f891-3f9e-4f9e-cf6f-d3eacea15593]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^M_E_36d34a6e-56df-43ea-dfe6-377ed46cae14]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^key-d52a953a39d18f60bad213f9adc74c8d]: Words in Sch. 6 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2; and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(vi)); 2020 c. 1, Sch. 5 para. 1(1)

[^key-a320b869a4b27e4cbe15bba221963598]: Words in Sch. 6 para. 6(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-f83e69c2ff058c5187b09df67d45b156]: Word in Sch. 6 para. 7 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(9) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^M_E_d5fbe3ab-0d82-47f8-9ffe-cbca8e260431]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^M_E_72588342-e6b5-45fc-f154-89750abf5b3e]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^key-d1b897e7eed9cd41ed2ad78c398b5fc4]: Words in Sch. 6 para. 14 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(10) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^M_E_d5d2e339-cdf9-49f7-f325-02bb65e299c6]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^M_E_a7bf77ce-a8ec-4ebc-8447-d0f4bef9333b]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^key-08387f03ea49e69e2c3a740dcf36a616]: Word in Sch. 6 para. 15 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(11)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-7e7b4b476dd200340deb6d5dd2fc4f59]: Words in Sch. 6 para. 15 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(11)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^M_E_4699e570-ee62-46ac-e304-b903938a4d7f]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^M_E_36bbebf1-6127-41f6-eb59-4dbb62df6bd1]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^key-36ef0da3d191fc4962a33c4b3dffd7fe]: Words in Sch. 9 para. 2(8) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 7(2)

[^M_E_ad3bcaca-42f6-4e74-e650-8d6b35415694]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^M_E_4d4173e1-bce5-4110-be26-455e89f123ab]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^key-fc90b5e87b90bec01be24c6ad24a11d3]: Words in Sch. 9 para. 3(13) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 7(2)

[^M_E_c16eab01-d8cc-4d89-8d3b-c35e90e71555]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^M_E_9d6a807e-e111-4e30-c9af-ded67290da87]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^key-709b7041164462db7bdc426e744715c1]: Reg. 36 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 20 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-9321665cc5be00f486b94a5ac1ad57a9]: Words in reg. 36(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)

[^key-0329af6e82d070db488e7b3210626e88]: Words in reg. 36(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(3)

[^M_F_6ae6d58f-5067-4a1b-b569-eef16b4fc612]: Reg. 2(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(p) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^M_E_5c4fe471-ddbe-4a73-d410-fca100c87892]: This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[^M_E_994a683d-1f84-4d9b-b8c7-aaa6dc20a06e]: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

[^key-2d50745ca26c81b2ae5e55f08bcfb118]: Word in Sch. 6 para. 6(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7)(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

[^key-5220b1e24df4b5d9d1e59f2d8bd9a65a]: Words in reg. 17(3)(a)(ii) substituted (E.W.S) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 4, Sch. 3 para. (f)

[^key-738be570a4552dc0348505794a75c13a]: Words in reg. 42(1A) substituted (E.W.S) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2 para. (h)

[^key-9f8002194cb9f96a523fef88c887f7f7]: Words in reg. 2(1) omitted (E.W.S.) (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 10(2) (with reg. 23)

[^key-4c4a93a77bfbd01b9a1fb17f7eb602ae]: Words in reg. 38B(1)(b) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 10(3) (with reg. 23)

[^key-8534f6dee58c231b7cb45621de5dc9e7]: Reg. 38C(1)(a) substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 10(4) (with reg. 23)

[^key-2aea6b40cb4ecd6f2384eb0cbf68142d]: Reg. 38E substituted (E.W.S.) (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 10(5) (with reg. 23)

[^key-bc2ff4ec3bdc3996c00603a09cf942fa]: Reg. 74A(4)-(6) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 10(6) (with reg. 23)

[^key-8ed1f71d3bc8666b8565de5bfc924921]: Word in reg. 2(1A) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 6 para. 8

Interpretation: designated standard

2A

(1) Subject to paragraphs (6) and (7), in these Regulations a “designated standard” means a technical specification which is—

(a) adopted by a recognised standardisation body or an international standardising body, for repeated or continuous application, with which compliance is not compulsory; and

(b) designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

(2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—

(a) the characteristics required of a product, including—

(i) levels of quality, performance, interoperability, environmental protection, health, safety or dimensions; and

(ii) the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and

(b) production methods and processes relating to the product, where these have an effect on the characteristics of the product.

(3) For the purposes of this regulation a “recognised standardisation body” means any one of the following organisations—

(a) the European Committee for Standardisation (CEN);

(b) the European Committee for Electrotechnical Standardisation (Cenelec);

(d) the British Standards Institution (BSI).

(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).

(4) When considering whether the publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any persons who may have an interest in the standard.

(5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with such technical specifications adopted by the other recognised standardisation bodies or by international standardising bodies as the Secretary of State considers to be relevant.

(6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

(8) In this regulation, a reference to a “product” is a reference to a pyrotechnic article to which these Regulations apply.

(9) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

(10) Regulations made under paragraph (9) are to be made by statutory instrument.

(11) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.

Definition of “pyrotechnic article”

Exception for trade fairs, exhibitions and demonstrations

Exception for research, development and testing

Supply of UK safety data sheet

Prohibition on improper use of UK marking

Obligations which are met by complying with obligations in the Directive

38A

(1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article or an Annex to the Directive; and

(b) “CE marking” has the meaning given to it in Article 3(22); and

(2) Paragraph (3) applies where, before placing a pyrotechnic article on the market, the manufacturer—

(a) ensures that the pyrotechnic article has been designed and manufactured in accordance with the essential safety requirements set out in Annex I;

(b) ensures that the technical documentation referred to in Annex II has been drawn up;

(c) ensures that the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

(e) affixes a CE marking and other markings, in accordance with Articles 19 and 20(1) to (4);

(f) draws up an EU declaration of conformity, in accordance with Article 18; and

(g) ensures that the EU declaration of conformity is prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulation 7, 8, 9(1) and 9(3) are to be treated as being satisfied;

(b) regulations 2(2)(a), 9(2), 10, 13(2) and 38 apply subject to the modifications in paragraph (8);

(d) regulations 60(1)(a), (c), (d) and (f) do not apply.

(4) Paragraph (5) applies where, before placing a pyrotechnic article on the market, the importer ensures that—

(a) the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;

(b) the manufacturer has drawn up the technical documentation referred to in Annex II; and

(5) Where this paragraph applies—

(a) the requirements of regulation 15(a) to (c) are to be treated as being satisfied; and

(b) regulations 2(2)(a), 16(1) and 19, and regulation 29 insofar as it relates to importers, apply subject to the modifications in paragraph (8).

(6) Paragraph (7) applies where, before making a pyrotechnic article available on the market, a distributor ensures that the vessel bears the CE marking.

(7) Where this paragraph applies—

(a) regulation 25(1)(a)(i) is to be treated as being satisfied; and

(b) regulations 2(2)(a), 26(1), and regulation 29 insofar as it relates to distributors, apply subject to the modifications in paragraph (8).

(8) The modifications referred to in paragraphs (3)(b), (5)(b) and (9)(b) are that—

(a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;

(b) any reference to “UK marking” is to be read as a reference to the CE marking;

(c) any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements referred to in Annex I;

(d) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(e) any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the pyrotechnic article in accordance with Article 17;

(f) any reference to “technical documentation” is a reference to the technical documentation referred to in Annex II.

Obligations which are met by complying with obligations in the Directive that relate to the registration number

38B

(1) In this regulation—

(a) any reference to an Article is a reference to an Article of the Directive; and

(b) “registration number” means a number comprising the elements set out in Article 1 of Commission Implementing Directive 2014/58/EU of 16 April 2014 setting up a system for the traceability of pyrotechnic articles ....

(2) Paragraph (3) applies where, before placing a pyrotechnic article on the market, the manufacturer labels the pyrotechnic article with a registration number in accordance with Article 10(2) or Article 11(1), as applicable.

(3) Where this paragraph applies—

(a) the requirements of regulations 11, 12 and 20 apply subject to the modifications in paragraph (8); and

(b) regulation 60(1)(f) does not apply.

(4) Paragraph (5) applies where, before placing a pyrotechnic article on the market, the importer ensures that the pyrotechnic article has been labelled with a registration number in accordance with Articles 10(2) or 11(1), as applicable.

(5) Where this paragraph applies the requirements of regulation 15(1)(d) and 20 apply subject to the modifications at paragraph (8).

(6) Paragraph (7) applies where, before making a pyrotechnic article available on the market, a distributor verifies that the pyrotechnic article has been labelled with a registration number in accordance with Articles 10(2) or 11(1), as applicable.

(7) Where this paragraph applies the requirements of regulation 25(1)(b) apply subject to the modifications at paragraph (8).

(8) The modifications referred to in paragraphs (3)(a), (5) and (7) are that—

(a) any reference to “Schedule 3” in regulations 11 or 12 is to be read as a reference to Schedule 3 subject to the modification that, in paragraph 1(d) of that Schedule, the reference to “UK registration number” is to be read as a reference to the registration number; and

(b) any reference to “UK registration number” is to be read as a reference to the registration number.

Obligations which are met by complying with obligations in the Directive that relate to safety data sheet

38C

(1) In this regulation “safety data sheet” means a document—

(a) compiled in accordance with Annex II to Regulation No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;

(b) which takes into account the specific needs of professional users.

(2) Paragraph (3) applies where, before placing a pyrotechnic article for vehicles on the market, the manufacturer draws up a safety data sheet in English.

(3) Where this paragraph applies—

(a) regulation 12 applies subject to the modification—

(i) in paragraph (10); and

(ii) that paragraph (4) of that regulation is omitted; and

(b) regulation 60(1)(f) does not apply.

(4) Paragraph (5) applies where, before placing a pyrotechnic article for vehicles on the market, the importer ensures that the article is accompanied by a safety data sheet in English.

(5) Where this paragraph applies regulation 15 applies subject to the modification that paragraph (2) of that regulation is substituted by the following—

(2) In paragraph (1)(c)(ii), “required documents” means— (a) the documents that are required to be provided with the pyrotechnic article pursuant to regulation 11(6); and (b) the safety data sheet.

(6) Paragraph (7) applies where, before making a pyrotechnic article for vehicles available on the market, a distributor verifies that the article is accompanied by a safety data sheet in English.

(7) Where this paragraph applies regulation 25 applies subject to the modification that paragraph (2) of that regulation is substituted by the following—

(2) In paragraph (1)(a)(ii), “required documents” means— (a) the documents that are required to be provided with the pyrotechnic article pursuant to regulations 11(6) and 17(3)(b); and (b) the safety data sheet.

(8) Paragraph (9) applies where, before making a pyrotechnic article for vehicles available on the market to a professional user, an economic operator supplies to the professional user a safety data sheet in respect of that article.

(9) Where this paragraph applies regulation 35 applies subject to the modification at paragraph (10).

(10) The modification referred to in sub-paragraphs (3) and (9) is that any reference to a “UK safety data sheet” is to be read as a reference to a safety data sheet.

Conformity assessment procedure obligation which is met by complying with the Directive

38D

(1) In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.

(2) Paragraph (3) applies where, prior to the manufacture of a pyrotechnic article, the manufacturer ensures that the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17(a), referred to as Module B and set out in Annex II, has been carried out.

(3) Where this paragraph applies—

(a) the requirement in regulation 40(a) to conform to Module B as set out in Schedule 2A is to be treated as being satisfied;

(b) any reference to “relevant conformity assessment procedure” in regulations 8(a), 9(1), 15(1)(a), 38(1)(b) and 41(b) is to be read as including the conformity assessment procedure referred to in Article 17(1)(a), referred to as Module B and set out in Annex II; and

(c) any reference to “technical documentation” in regulations 8(b), 10, 15(1)(b) and 19(b) is to be read as including the technical documentation relating to the design of the pyrotechnic article referred to in Module B of Annex II.

Expiry of regulations 38A to D

38E

(1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

(b) “harmonised standard” has the meaning given to it in Article 3(14).

(2) Paragraph (3) applies where, before placing a pyrotechnic article on the market, the manufacturer ensures that—

(a) the pyrotechnic article has been designed and manufactured in accordance with the essential safety requirements set out in Annex I;

(b) the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;

(d) the technical documentation and other records relating to the conformity assessment procedure are prepared in or translated into English.

(3) Where this paragraph applies—

(a) the requirements of regulations 7 and 8 are to be treated as being satisfied;

(b) except for regulations 41 and 42(1) to (2), Part 3 does not apply;

(c) regulations 9, 10, 13, 14, 15(1)(a) and (b), 16, 19, 26, 29, 38(1) and 60 apply subject to the modifications in paragraph (4);

(d) regulations 6 and 41 and Schedule 3A apply subject to the modifications in paragraphs (4) and (5).

(4) The modifications referred to in paragraph (3)(c) and (d) are that—

(a) any reference to the “essential safety requirements” is to be read as a reference to the essential safety requirements in Annex I;

(b) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(c) any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the pyrotechnic article in accordance with Article 17;

(d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex II.

(5) The modifications referred to in paragraph (3)(d) are that—

(a) any reference to “approved body” is to be read as a reference to any conformity assessment body that undertook any conformity assessment procedure in accordance with Article 17;

(b) any reference to “Schedule 2A” is to be read as a reference to Annex II;

Qualifying Northern Ireland Goods

38F

(1) Where paragraph (2) applies, a pyrotechnic article is to be treated as being in conformity with Part 2.

(2) This paragraph applies where—

(a) a pyrotechnic article—

(i) is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii) is qualifying Northern Ireland goods; and

(b) an importer has complied with the obligations set out in paragraph (3).

(3) The obligations referred to in paragraph (2)(b) are that, before placing the pyrotechnic article on the market, the importer—

(a) complies with regulation 17;

(b) ensures that—

(i) the relevant conformity assessment procedure has been carried out in relation to the pyrotechnic article;

(ii) the manufacturer has drawn up the technical documentation; and

(iii) the pyrotechnic article bears the CE marking.

(4) In this regulation—

“CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

“relevant conformity assessment procedure” has the meaning give to it in regulation 2(1), as it applies in Northern Ireland;

“technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.

... Declaration of conformity

UK marking

UK(NI) indication

42A

(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the pyrotechnic article, in accordance with this regulation.

(2) The UK(NI) indication must be affixed—

(a) visibly, legibly and indelibly; and

(b) before a pyrotechnic article is placed on the market in Northern Ireland.

(3) The UK(NI) indication must accompany the CE marking wherever that is affixed, in accordance with regulation 42(1) or (2).

(4) The UK(NI) indication must be affixed by the manufacturer.

(5) When placing a pyrotechnic article on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

Register of UK notified bodies

42B

(1) The Secretary of State must ensure that—

(a) each notified body established in the United Kingdom is assigned an identification number; and

(b) there is a register of—

(i) notified bodies established in the United Kingdom;

(ii) their notified body identification number;

(iii) the activities for which they have been notified;

(iv) any restrictions on those activities.

(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).

Approved bodies

Approval of conformity assessment bodies

Presumption of conformity of approved bodies

Monitoring

Restriction, suspension or withdrawal of approval

Operational matters in relation to approved bodies

Subsidiaries and contractors

Register of approved bodies

UK national accreditation body

Transitional provision in relation to EU Exit

74A

(1) In this regulation—

“pre-exit period” means the period beginning with the commencement date and ending immediately before IP completion day; and

“product” means a pyrotechnic article to which these Regulations apply.

(2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 19 to the Product Safety and Metrology (Amendment etc.) (EU Exit) Regulations 2019 any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3) Paragraph (2) does not apply to—

(a) any obligation of any enforcing authority to inform the European Commission or the member state of any matter;

(b) any obligation to take action outside the market in respect of that product.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential revocations, savings and amendments

SCHEDULE 2A — Conformity Assessment Procedures (Annex II to the Directive)

PART 1 — Module B: Type Examination

1

Type examination is the part of a conformity assessment procedure in which an approved body examines the technical design of a pyrotechnic article and verifies and attests that the technical design of the pyrotechnic article meets the requirements of these Regulations that apply to it.

2

Type examination shall be carried out as an assessment of the adequacy of the technical design of the pyrotechnic article through examination of the technical documentation and supporting evidence referred to in point 3, plus examination of a specimen, representative of the production envisaged, of the complete product (combination of production type and design type).

3

The manufacturer shall lodge an application for a Type examination with a single approved body of his choice.

4

The approved body shall:

4

Examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the pyrotechnic article.

4

Verify that the specimen(s) have been manufactured in conformity with the technical documentation, and identify the elements which have been designed in accordance with the applicable provisions of the relevant designated standards, as well as the elements which have been designed in accordance with other relevant technical specifications;

4

Carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant designated standards, these have been applied correctly;

4

Carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant designated standards have not been applied, the solutions adopted by the manufacturer, including those in other relevant technical specifications applied, meet the corresponding essential safety requirements of these Regulations;

4

Agree with the manufacturer on a location where the examinations and tests will be carried out.

5

The approved body shall draw up an evaluation report that records the activities undertaken in accordance with point 4 and their outcomes. Without prejudice to its obligations vis-à vis the Secretary of State, the approved body shall release the content of that report, in full or in part, only with the agreement of the manufacturer.

6

Where the type meets the requirements of these Regulations that apply to the pyrotechnic article concerned, the approved body shall issue a Type examination certificate to the manufacturer. That certificate shall contain the name and address of the manufacturer, the conclusions of the examination, the conditions (if any) for its validity and the necessary data for identification of the approved type. The Type examination certificate may have one or more annexes attached.

7

The approved body shall keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of these Regulations, and shall determine whether such changes require further investigation. If so, the approved body shall inform the manufacturer accordingly.

8

Each approved body shall inform the Secretary of State concerning the Type examination certificates and/or any additions thereto which it has issued or withdrawn, and shall, periodically or upon request, make available to the Secretary of State the list of such certificates and/or any additions thereto refused, suspended or otherwise restricted.

9

The manufacturer shall keep a copy of the Type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market.

PART 2 — Module C2: Conformity to type based on internal production control plus supervised product checks at random intervals

1

Conformity to type based on internal production control plus supervised product checks at random intervals is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.

2

Manufacturing

3

Product checks

4

UK marking and declaration of conformity

4

The manufacturer shall affix the UK marking to each individual pyrotechnic article that is in conformity with the type described in the Type examination certificate and satisfies the applicable requirements of these Regulations.

4

The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

PART 3 — Module D: Conformity to type based on quality assurance of the production process

1

Conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.

2

Manufacturing

3

Quality system

3

The manufacturer shall lodge an application for assessment of his quality system with the approved body of his choice for the pyrotechnic articles concerned.

3

The quality system shall ensure that the pyrotechnic articles are in conformity with the type described in the Type examination certificate and comply with the requirements of these Regulations that apply to them.

3

The approved body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.

3

The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.

3

The manufacturer shall keep the approved body that has approved the quality system informed of any intended change to the quality system.

4

Surveillance under the responsibility of the approved body

4

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4

The manufacturer shall, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:

(a) the quality system documentation;

(b) the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.

4

The approved body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4

In addition, the approved body may pay unexpected visits to the manufacturer. During such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

5

UK marking and declaration of conformity

5

The manufacturer shall affix the UK marking, and, under the responsibility of the approved body referred to in point 3.1, the latter's identification number to each individual pyrotechnic article that is in conformity with the type described in the Type examination certificate and satisfies the applicable requirements of these Regulations.

5

6

The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:

(a) the documentation referred to in point 3.1;

(b) the information relating to the change referred to in point 3.5, as approved;

7

Each approved body shall inform the Secretary of State of quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.

PART 4 — Module E: Conformity to type based on product quality assurance

1

Conformity to type based on product quality assurance is that part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.

2

Manufacturing

3

Quality system

3

The manufacturer shall lodge an application for assessment of his quality system with the approved body of his choice for the pyrotechnic articles concerned.

3

The quality system shall ensure compliance of the pyrotechnic articles with the type described in the Type examination certificate and with the applicable requirements of these Regulations.

3

The approved body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.

3

The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.

3

The manufacturer shall keep the approved body that has approved the quality system informed of any intended change to the quality system.

4

Surveillance under the responsibility of the approved body

4

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4

(a) the quality system documentation;

(b) the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.

4

The approved body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4

5

UK marking and declaration of conformity

5

6

The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:

(a) the documentation referred to in point 3.1;

(b) the information relating to the change referred to in point 3.5, as approved;

7

PART 5 — Module G: Conformity based on unit verification

1

Conformity based on unit verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 5, and ensures and declares on his sole responsibility that the pyrotechnic article concerned, which has been subject to the provisions of point 4, is in conformity with the requirements of these Regulations that apply to it.

2

Technical documentation

3

Manufacturing

4

Verification

5

UK marking and declaration of conformity

5

The manufacturer shall affix the UK marking and, under the responsibility of the approved body referred to in point 4, the latter's identification number to each pyrotechnic article that satisfies the applicable requirements of these Regulations.

5

The manufacturer shall draw up a written declaration of conformity and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

PART 6 — Module H: Conformity based on full quality assurance

1

Conformity based on full quality assurance is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned satisfy the requirements of these Regulations that apply to them.

2

Manufacturing

3

Quality system

3

The manufacturer shall lodge an application for assessment of his quality system with the approved body of his choice for the pyrotechnic articles concerned.

3

The quality system shall ensure compliance of the pyrotechnic articles with the applicable requirements of these Regulations.

3

The approved body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.

3

The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.

3

The manufacturer shall keep the approved body that has approved the quality system informed of any intended change to the quality system.

4

Surveillance under the responsibility of the approved body

4

The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4

The manufacturer shall, for assessment purposes, allow the approved body access to the design, manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:

(a) the quality system documentation;

(b) the quality records as provided for by the design part of the quality system such as the results of analyses, calculations, tests, etc.;

(c) the quality records as provided for by the manufacturing part of the quality system such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.

4

The approved body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4

In addition, the approved body may pay unexpected visits to the manufacturer. During such visits, the approved body may, if necessary, carry out product tests, or have them carried out, in order to check the proper functioning of the quality system. It shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

5

UK marking and declaration of conformity

5

The manufacturer shall affix the UK marking and, under the responsibility of the approved body referred to in point 3.1, the latter's identification number to each individual pyrotechnic article that satisfies the applicable requirements of these Regulations.

5

6

The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:

(a) the technical documentation referred to in point 3.1;

(b) the documentation concerning the quality system referred to in point 3.1;

(d) the decisions and reports of the approved body referred to in points 3.5, 4.3 and 4.4.

7

Each approved body shall inform the Secretary of State of quality system approvals issued or withdrawn and shall, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.

SCHEDULE 3A — Declaration of Conformity (Annex III to the Directive)

(1) UK registration number:

(2) Product, batch or serial number:

(3) Name and address of the manufacturer:

(4) This declaration of conformity is issued under the sole responsibility of the manufacturer.

(5) Object of the declaration (identification of product allowing traceability):

(6) The object of the declaration described above is in conformity with the relevant statutory requirements:

(7) References to the designated standards used or references to the other technical specifications in relation to which conformity is declared:

(8) The approved body (name, number) performed (description of intervention) and issued the certificate:

(9) Additional information:

5A

(1) Pyrotechnic articles must be labelled with a UK registration number comprising the following:

(a) the four-digit identification number of the approved body that has issued a Type-examination certificate (Schedule 2A, Module B), certificate of conformity (Schedule 2A, Module G) or quality system approval (Schedule 2A, Module H), as applicable;

(b) the category of the pyrotechnic article for which conformity is certified in abbreviated format, in upper case—

(i) F1, F2, F3 or F4 for fireworks of category 1, 2, 3 and 4 respectively;

(ii) T1 or T2 for theatrical pyrotechnic articles of category T1 and T2 respectively; and

(iii) P1 or P2 for other pyrotechnic articles of category P1 and P2 respectively; and

(2) The UK registration number must be structured as follows: ‘XXXX — YY — ZZZZ…’, where XXXX refers to sub-paragraph (1)(a), YY refers to sub-paragraph (1)(b) and ZZZZ… refers to sub-paragraph (1)(c).

6A

(1) Entries made in the register from IP completion day must contain at least the following information:

(a) UK registration number;

(b) date of issue of Type-examination certificate (where the conformity assessment procedure set out in Part 1 of Schedule 2A (Module B) has been undertaken), certificate of conformity (where the conformity assessment procedure set out in Part 5 of Schedule 2A (Module G) has been undertaken) or quality system approval (where the conformity assessment procedure set out in Part 6 of Schedule 2A (Module H) has been undertaken) as applicable, and date of expiry where applicable;

(d) type of product (generic) and subtype, if applicable;

(e) where applicable, which conformity assessment procedure has been undertaken from those set out in Part 2 of Schedule 2A (Module C2), Part 3 of Schedule 2A (Module D) and Part 4 of Schedule 2A (Module E); and

(f) where applicable, the approved body that undertook the conformity assessment procedure described in sub-paragraph (e).

(2) Sub-paragraphs (1)(e) and (1)(f) apply where the register is maintained by an approved body carrying out the conformity assessment procedure set out in Part 1 of Schedule 2A (Module B), except where the relevant information is not known to that approved body.

Further use of UK marking

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.