The Pyrotechnic Articles (Safety) Regulations 2015

• Citation: S.I. 2015/1553
• Sections: 245

Section 1 Citation and commencement

These Regulations may be cited as the Pyrotechnic Articles (Safety) Regulations 2015 and come into force on 17th August 2015 (“ the commencement date ”).

Section 2 Interpretation

(1) In these Regulations—

the “ 1974 Act ” means the Health and Safety at Work etc Act 1974 ;

the “ 1987 Act ” means the Consumer Protection Act 1987 , as it has effect on the commencement date;

the “ 2010 Regulations ” means the Pyrotechnic Articles (Safety) Regulations 2010 ;

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“ aerial wheel ” means tubes containing propellant charges and sparks, flame or noise-producing pyrotechnic composition (or all three), the tubes being fixed to a supporting structure, the principal effect of which is rotation and ascent, with emission of sparks and flames, producing a visual or aural effect (or both) in the air;

“ approved body ” has the meaning given to it in regulation 43;

“ banger ” means a firework (other than a firework within regulation 33(1)(g)(i) (prohibitions on making available certain category F2 and F3 fireworks))—

which comprises a non-metallic tube which contains pyrotechnic composition and has a fuse; and

whose functioning principally involves report;

“ battery ” means an assembly which includes two or more fireworks of the same type;

“ category F1 firework ” has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article);

“ category F2 firework ” has the meaning set out in paragraph 2 of Schedule 1;

“ category F3 firework ” has the meaning set out in paragraph 3 of Schedule 1;

“ category F4 firework ” has the meaning set out in paragraph 4 of Schedule 1;

“ category P1 other pyrotechnic article ” has the meaning set out in paragraph 7 of Schedule 1;

“ category P2 other pyrotechnic article ” has the meaning set out in paragraph 8 of Schedule 1;

“ category T1 theatrical pyrotechnic article ” has the meaning set out in paragraph 5 of Schedule 1;

“ category T2 theatrical pyrotechnic article ” has the meaning set out in paragraph 6 of Schedule 1;

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“ Christmas cracker ” means a paper or foil tube, crimped at each end, enclosing novelties and with one or more snaps running along the length of the tube;

“ combination ” means an assembly, other than a battery, which includes 2 or more fireworks;

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“ conformity assessment ” means the process demonstrating whether the essential safety requirements relating to a pyrotechnic article have been fulfilled;

“ conformity assessment body ” means a person that performs conformity assessment activities, including calibration, testing, certification and inspection;

“ declaration of conformity ” means a declaration of conformity required to be drawn up in accordance with regulation 9(1)(a) (declaration of conformity and UK marking);

the “ Directive ” means Directive 2013/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the member States relating to the making available on the market of pyrotechnic articles (recast) ...;

“ designated standard ” has the meaning given to it in regulation 2A;

“ distributor ” means any person in the supply chain, other than the manufacturer or the importer, who makes a pyrotechnic article available on the market;

“ double banger ” means a firework (other than a firework falling with in regulation 33(1)(g)(i))—

which comprises a non-metallic tube containing two portions of pyrotechnic composition connected by a delay fuse; and

whose functioning principally involves report and a flash of light;

“ economic operator ” means a manufacturer, importer or distributor;

“ enforcing authority ” means any person enforcing these Regulations under regulation 53 (enforcement), and, for these purposes, the Secretary of State is to be considered the person enforcing these Regulations where a person acts on the Secretary of State's behalf under regulation 53(5);

“ essential safety requirements ” means the requirements set out in Schedule 2 (essential safety requirements);

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“ European Commission ” means the Commission of the European Union;

“ firework ” means a pyrotechnic article intended for entertainment purposes;

“ flash banger ” means a firework (other than a firework falling within regulation 33(1)(g)(i))—

which comprises a non-metallic tube containing metal-based pyrotechnic composition; and

whose functioning principally involves report and a flash of light;

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“ importer ” means a person who—

is established in the United Kingdom and places a pyrotechnic article from a country outside of the United Kingdom on the market; or

is established in Northern Ireland and places a pyrotechnic article on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

“ jumping cracker ” means a paper tube containing black powder, folded back on itself several times and bound together, the principal effect of which is reports in succession with jumping motions;

“ jumping ground spinner ” means a non-metallic tube containing gas and sparks producing pyrotechnic composition, with or without whistling pyrotechnic composition, the principal effect of which is rotation on the ground frequently interrupted by a jumping motion and emission of sparks and flame, with or without an aural effect (other than report);

“ make available on the market ” means any supply for distribution, consumption or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

“ manufacturer ” means a person who—

manufactures a pyrotechnic article, or has such an article designed or manufactured; and

markets that pyrotechnic article under that person's name or trade mark;

“ market surveillance authority ” has the meaning set out in regulation 52 (designation of market surveillance authority);

“ mini-rocket ” means a firework which is designed so that, on functioning, it propels itself into the air and which comprises a body or motor which contains pyrotechnic composition and—

the outside diameter of which, at the point where the diameter is greatest, is less than 12 millimetres; or

if equipped with a stick for the purpose of stabilising its flight—

where the firework is intended to be made available on the market singly, whose overall length (including the length of any such stick) is less than 900 millimetres or (not including the length of any such stick) is less than 195 millimetres; or

where the firework is intended to be supplied in a primary pack, whose overall length (including the length of any such stick) is less than 400 millimetres or (not including any such stick) is less than 125 millimetres; or

where the firework is intended to be supplied in a selection pack, whose overall length (including the length of any such stick) is less than 300 millimetres; or

if not equipped with a stick for the purposes of stabilising its flight—

whose overall length is less than 300 millimetres; and

is intended to be supplied singly or in a primary pack;

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“ person with specialist knowledge ” has the meaning set out in Schedule 4 (persons with specialist knowledge);

“ place on the market ” means the first making available on the market of Great Britain , and related expressions must be construed accordingly;

“ primary pack ” means a package of fireworks of the same type, all of which are either category F1 fireworks, category F2 fireworks or category F3 fireworks, which is intended to be offered for retail sale as a single unit;

“ pyrotechnic article ” has the meaning set out in regulation 3 (definition of “pyrotechnic article”);

“ pyrotechnic article for a vehicle ” means a pyrotechnic article which is a component of a safety device in a vehicle and which is used to activate that device or another device;

“ RAMS ” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;

“ recall ” means taking any measure aimed at achieving the return of a pyrotechnic article that has already been made available to the end-user and related expressions must be construed accordingly;

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“ relevant conformity assessment procedure ” means a conformity assessment procedure referred to in regulation 40 (conformity assessment procedures);

“ relevant economic operator ” means, in relation to a pyrotechnic article, an economic operator with obligations in respect of that pyrotechnic article under Part 2;

“ selection pack ” means a package of fireworks of more than one type intended to be offered for retail sale as a single unit;

“ shot tube ” means a tube containing propellant charge and a pyrotechnic unit, with or without a transmitting fuse, the principal effect of which is the ejection of the pyrotechnic unit producing a visual effect in the air, an aural effect in the air or both;

“ snap ” means two overlapping strips of cardboard or paper, or two strings, with a friction-sensitive pyrotechnic composition in sliding contact with an abrasive surface and designed to be held in the hand;

“ spinner ” means a tube containing pyrotechnic composition, with or without aerofoils attached, the principal effect of which is rotation and ascent with the emission of sparks, flames or both, with or without aural effect (other than report);

“ technical documentation ” has the meaning set out in regulation 8(b) (technical documentation and conformity assessment);

“ technical specification ” means a document that prescribes technical requirements to be fulfilled by a pyrotechnic article;

“ theatrical pyrotechnic article ” means a pyrotechnic article designed for indoor or outdoor stage use, including use in film and television productions or similar use;

“ UK marking ” means the marking in the form set out in Annex 2 of RAMS;

“ UK registration number ” means the number assigned to a pyrotechnic article by an approved body under paragraph 5(a) of Schedule 6 (operational obligations of approved bodies);

“ UK national accreditation body ” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;

“ weights and measures authority ” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 ;

“ wheel ” means an assembly—

which includes a tube or tubes containing pyrotechnic composition;

which is designed to be attached to a support and to rotate about a fixed point or axis and which is provided with a means of attaching it securely to such a support so that it can rotate; and

whose functioning involves rotation around a fixed point and the emission of sparks and flames, with or without aural effect.

“withdraw”, when used in relation to a pyrotechnic article, means taking any measure aimed at preventing a pyrotechnic article in the supply chain from being made available on the market and related expressions must be construed accordingly.

(1A) Schedules 2A and 3A reproduce the provisions of Annexes II and III (respectively) to the Directive with amendments to correct deficiencies in assimilated law.

(1B) A reference to a provision of Schedule 2A and 3A is a reference to the equivalent provision of the Annex to the Directive as set out in that Schedule.

(2) In these Regulations, a reference to a pyrotechnic article being “ in conformity with Part 2 ” means that—

(a) the pyrotechnic article is in conformity with the essential safety requirements; and

(b) each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the pyrotechnic article available on the market.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In regulation 21(1) (monitoring), and paragraphs 2(5), 3(1) and 3(3) of Schedule 2 (essential safety requirements), “ risk ” means a risk which could arise from lawful and readily predictable human behaviour.

(5) In the other provisions of these Regulations, “ risk ” means a risk—

(a) which could arise from lawful and readily predictable human behaviour; and

(b) which may result in harm to any of the following interests—

(i) human health;

(ii) public security;

(iii) the safety of consumers;

(iv) the environment.

Section 2A Interpretation: designated standard

(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);

(c) the European Telecommunications Standards Institute (ETSI);

(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.

Section 3 Definition of “pyrotechnic article”

(1) In these Regulations, a “pyrotechnic article” is an article which—

(a) contains 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; and

(b) is not excluded by paragraph (2).

(2) The following articles are excluded from the definition in paragraph (1)—

(a) articles which have been placed on the market before the commencement date;

(b) articles intended for non-commercial use by—

(i) the armed forces;

(ii) a police force in England and Wales;

(iii) the Police Service of Scotland;

(iv) the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve or the Northern Ireland Policing Board;

(v) the British Transport Police;

(vi) the Ministry of Defence Police Force;

(vii) the Civil Nuclear Constabulary;

(viii) a police force for a harbour, port, airport, park, garden or forest in the United Kingdom or with a specialised function in the United Kingdom;

(ix) the National Crime Agency;

(x) a fire and rescue service authority within the meaning of section 1 or a combined authority within the meaning of section 2 or 4 of the Fire and Rescue Services Act 2004 ;

(xi) the Scottish Fire and Rescue Service; or

(xii) the Northern Ireland Fire and Rescue Board;

(c) articles falling within the scope of Council Directive 96/98/EC on marine equipment ;

(d) articles intended for use in the aerospace industry;

(e) percussion caps intended specifically for toys falling within the scope of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys ;

(f) explosives falling within the scope of Council Directive 93/15/EEC on the harmonization of the use of the provisions relating to the placing on the market of explosives for civil uses ;

(g) projectiles and propelling charges and blank ammunition used in portable firearms, other guns and artillery; and

(h) fireworks which—

(i) are built by a manufacturer established in the United Kingdom;

(ii) are built for the manufacturer's own use; and

(iii) comply with the law applicable to such fireworks (excluding these Regulations).

Section 4 Exception for trade fairs, exhibitions and demonstrations

The provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply to the showing and use of a pyrotechnic article at a trade fair, exhibition or demonstration for the marketing of pyrotechnic articles, provided that a visible sign clearly indicates—

(a) the name and date of the trade fair, exhibition or demonstration;

(b) that the pyrotechnic article is not in conformity with Part 2; and

(c) that the pyrotechnic article is not available for sale until brought into conformity with Part 2.

Section 5 Exception for research, development and testing

The provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply to a pyrotechnic article manufactured for the purpose of research, testing and development, provided that provided that a visible sign clearly indicates that—

(a) the pyrotechnic article is not in conformity with Part 2; and

(b) the pyrotechnic article is not available for purposes other than research, development and testing.

Section 6 Categorisation

Before placing a pyrotechnic article on the market, a manufacturer must—

(a) categorise it using the categories set out in Schedule 1 (categories of pyrotechnic article), according to its—

(i) type of use; or

(ii) purpose and level of hazard, including its noise level; and

(b) ensure that an approved body has confirmed that categorisation as part of a relevant conformity assessment procedure.

Section 7 Design and manufacture in accordance with essential safety requirements

Before placing a pyrotechnic article on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential safety requirements.

Section 8 Technical documentation and conformity assessment

Before placing a pyrotechnic article on the market, a manufacturer must—

(a) have a relevant conformity assessment procedure carried out; and

(b) draw up the technical documentation referred to—

(i) for a pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(a) is being carried out, in point 3(c) of Module B of Schedule 2A ;

(ii) for a pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(b) is being carried out, in point 2 of Module G of Schedule 2A ;

(iii) for pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(c) is being carried out, in point 3.1(b) of Module H of Schedule 2A .

Section 9 EU declaration of conformity and CE marking

(1) Where the conformity of a pyrotechnic article with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the pyrotechnic article on the market—

(a) draw up a declaration of conformity in accordance with regulation 41 (EU declaration of conformity); and

(b) affix the CE marking in accordance with regulation 42 (CE marking).

(2) The manufacturer must keep the EU declaration of conformity up-to-date.

(3) Where a pyrotechnic article is subject to more than one EU instrument requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity, which—

(a) identifies the EU instruments; and

(b) includes references to the publication of those EU instruments in the Official Journal of the European Union.

Section 10 Retention of technical documentation and ... declaration of conformity

A manufacturer must keep the technical documentation and the ... declaration of conformity drawn up in respect of a pyrotechnic article for a period of 10 years beginning on the day on which the pyrotechnic article is placed on the market.

Section 11 Labelling of pyrotechnic articles other than pyrotechnic articles for vehicles

(1) Before placing a pyrotechnic article on the market, a manufacturer must ensure that it is labelled —

(a) visibly, legibly and indelibly;

(b) clearly and understandably; and

(c) in English.

(2) The manufacturer must ensure that the labelling of the pyrotechnic article includes, as a minimum, the information specified in Schedule 3 (labelling: required information).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(6) Where it is not possible for information specified in paragraph 1(a) and (b) of Schedule 3 to be indicated on the pyrotechnic article (including where this is as a result of other labelling requirements referred to in Schedule 3 having taken up the available space on the pyrotechnic article), the manufacturer must ensure that that information is indicated on its packaging or in a document accompanying the pyrotechnic article.

(7) Where the pyrotechnic article does not provide sufficient space for the other labelling requirements specified in Schedule 3 (including where this is as a result of the information specified in paragraph 1(a) and (b) of Schedule 3 having taken up the available space on the pyrotechnic article), the manufacturer must ensure that the information is provided on the smallest piece of packaging.

(8) This regulation does not apply to pyrotechnic articles for vehicles.

Section 12 Labelling of pyrotechnic articles for vehicles

(1) Before placing a pyrotechnic article for a vehicle on the market, a manufacturer must ensure that it is labelled with—

(a) the information about the manufacturer specified in paragraph 1(a) and (b) of Schedule 3;

(b) the name and type of the pyrotechnic article;

(c) the UK registration number of the pyrotechnic article;

(d) the product, batch or serial number of the pyrotechnic article; and

(e) safety instructions (where necessary).

(2) If the pyrotechnic article for a vehicle does not provide sufficient space for the labelling requirements specified in paragraph (1), the manufacturer must ensure that the information is provided on the packaging.

(3) Before placing a pyrotechnic article for a vehicle on the market, the manufacturer must draw up a UK safety data sheet.

(4) In paragraph (3), “ UK safety data sheet ” means a document—

(a) compiled in accordance with Annex II to Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency (as amended from time to time); and

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

Section 13 Compliance procedures for series production

(1) A manufacturer of pyrotechnic articles which are manufactured by series production must ensure that, before placing such a pyrotechnic article on the market, procedures are in place to ensure that any pyrotechnic article so manufactured will be in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account of—

(a) any change in pyrotechnic article design or characteristics; and

(b) any change in a designated standard or in another technical specification by reference to which the ... declaration of conformity was drawn up.

Section 14 Prohibition on placing on the market pyrotechnic articles which are not in conformity

An importer must not place a pyrotechnic article on the market unless it is in conformity with the essential safety requirements.

Section 15 Requirements which must be satisfied before an importer places a pyrotechnic article on the market

(1) Before placing a pyrotechnic article on the market, an importer must ensure that—

(a) a relevant conformity assessment procedure has been carried out by the manufacturer;

(b) the manufacturer has drawn up the technical documentation;

(c) the pyrotechnic article—

(i) bears the UK marking; and

(ii) is accompanied by the required documents; and

(d) the manufacturer has complied with the requirements set out in regulations 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles) and 12 (labelling of pyrotechnic articles for vehicles).

(2) In paragraph (1)(c)(ii), “ required documents ” means any documents that are required to be provided with the pyrotechnic article pursuant to—

(a) regulation 11(6); and

(b) regulation 35 (supply of UK safety data sheet).

Section 16 Prohibition on placing on the market pyrotechnic articles considered not to be in conformity with the essential safety requirements

(1) Where an importer considers, or has reason to believe, that a pyrotechnic article is not in conformity with the essential safety requirements, the importer must not place the pyrotechnic article on the market.

(2) Where the pyrotechnic article presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Section 17 Information identifying importer

(1) Before placing a pyrotechnic article on the market, an importer must indicate on the pyrotechnic article—

(a) the name, registered trade name or registered trade mark of the importer; and

(b) a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the enforcing authority ....

(3) Paragraph (1) does not apply where—

(a) either—

(i) it is not possible to set out the information referred to in paragraph (1) on the pyrotechnic article; or

(ii) the importer has imported the pyrotechnic article from an EEA state and places it on the market within the period of seven years beginning with IP completion day; and

(b) before placing the pyrotechnic article on the market, the importer sets out the information referred to in paragraph (1)—

(i) on the packaging; or

(ii) in a document accompanying the pyrotechnic article.

Section 18 Instructions and safety information

(1) When placing a pyrotechnic article on the market, an importer must ensure that it is accompanied by instructions and safety information that are clear, legible and in easily understandable English .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 19 Retention of technical documentation and ... declaration of conformity

An importer must, for a period of 10 years beginning on the day on which the pyrotechnic article is placed on the market—

(a) keep a copy of the ... declaration of conformity at the disposal of enforcing authorities; and

(b) ensure that the technical documentation can be made available to enforcing authorities, upon request.

Section 20 Traceability

(1) Where a manufacturer or importer places a pyrotechnic article on the market before 17th October 2016, the manufacturer or importer must—

(a) maintain a record of the UK registration number of the pyrotechnic article for a period of at least 10 years beginning on the day on which it is placed on the market; and

(b) upon request, make this information available to an enforcing authority.

(2) Where a manufacturer or importer places a pyrotechnic article on the market after 16th October 2016, the manufacturer or importer must—

(a) keep a record of the required information for the pyrotechnic article for a period of at least 10 years beginning on the day on which it is placed on the market;

(b) transfer the record referred to in sub-paragraph (a) to the Secretary of State if the manufacturer or importer is ceasing to trade; and

(c) upon a reasoned request, provide an enforcing authority with the required information.

(3) The Secretary of State may appoint a person to receive, hold and manage the record referred to in paragraph (2) on the Secretary of State's behalf.

(4) In this regulation, “ required information ” means the following information about a pyrotechnic article—

(a) the UK registration number;

(b) the trade name;

(c) the generic type and sub-type (where applicable); and

(d) the site of manufacture.

Section 21 Monitoring

(1) When an enforcing authority deems it appropriate, with regard to the risks to the health and safety of consumers presented by a pyrotechnic article, a manufacturer or importer must, upon a duly justified request of the authority and within such period as the authority may specify—

(a) carry out sample testing of pyrotechnic articles made available on the market;

(b) investigate complaints that pyrotechnic articles are not in conformity with Part 2; and

(c) keep distributors informed of any monitoring carried out under sub-paragraphs (a) and (b).

(2) A manufacturer or importer must keep a register and must promptly make entries in that register of any—

(a) complaints that pyrotechnic articles are not in conformity with Part 2;

(b) pyrotechnic articles which are found not to be in conformity with Part 2; and

(c) pyrotechnic article recalls.

(3) A manufacturer or importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Section 22 Duty to take action in respect of pyrotechnic articles placed on the market which are considered not to be in conformity

(1) A manufacturer or importer who considers, or has reason to believe, that a pyrotechnic article which they have placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—

(a) bring the pyrotechnic article into conformity;

(b) withdraw the pyrotechnic article; or

(c) recall the pyrotechnic article.

(2) Where the pyrotechnic article presents a risk, the manufacturer or importer must immediately inform the market surveillance authority, ... of the risk, giving details of—

(a) the respect in which the pyrotechnic article is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Section 23 Provision of information and cooperation

(1) A manufacturer or importer must, further to a reasoned request from an enforcing authority and within such period as the enforcing authority may specify, provide the authority with the information and documentation necessary to demonstrate that the pyrotechnic article is in conformity with Part 2—

(a) in paper or electronic form; and

(b) in a language which can be easily understood by the enforcing authority.

(2) A manufacturer or importer must, at the request of the enforcing authority, cooperate with the authority on any action taken to—

(a) evaluate a pyrotechnic article in accordance with regulation 56 (evaluation of pyrotechnic articles presenting a risk); or

(b) eliminate the risks posed by a pyrotechnic article which the manufacturer or importer has placed on the market.

Section 24 Duty to act with due care

When making a pyrotechnic article available on the market, a distributor must act with due care to ensure that it is in conformity with Part 2.

Section 25 Requirements which must be satisfied before a distributor makes a pyrotechnic article available on the market

(1) Before making a pyrotechnic article available on the market, the distributor must verify that—

(a) the pyrotechnic article—

(i) bears the UK marking;

(ii) is accompanied by the required documents;

(iii) is accompanied by instructions and safety information that are clear, legible and in easily understandable English ;

(b) the manufacturer has complied with the requirements set out in regulation 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles) and 12 (labelling of pyrotechnic articles for vehicles); and

(c) the importer has complied with the requirements set out in regulation 17 (information identifying importer).

(2) In paragraph (1)(a)(ii), “ required documents ” means the documents that are required to be provided with the pyrotechnic article pursuant to—

(a) regulation 11(6);

(b) regulation 17(3)(b); and

(c) regulation 35 (supply of UK safety data sheet).

Section 26 Prohibition on making available on the market where pyrotechnic article not considered to be in conformity with the essential safety requirements

(1) Where a distributor considers, or has reason to believe, that a pyrotechnic article is not in conformity with the essential safety requirements, the distributor must not make the pyrotechnic article available on the market.

(2) Where the pyrotechnic article presents a risk, the distributor must inform the following persons of the risk—

(a) the manufacturer or the importer; and

(b) the market surveillance authority.

Section 27 Duty to take action in respect of pyrotechnic articles made available on the market which are not in conformity

(1) A distributor who considers, or has reason to believe, that a pyrotechnic article which the distributor has made available on the market is not in conformity with Part 2 must make sure that the necessary corrective measures are taken to—

(a) bring that pyrotechnic article into conformity;

(b) withdraw the pyrotechnic article; or

(c) recall the pyrotechnic article.

(2) Where the pyrotechnic article presents a risk, the distributor must immediately inform the market surveillance authority, ... of that risk, giving details of—

(a) the respect in which the pyrotechnic article is considered not to be in conformity with Part 2; and

(b) any corrective measures taken.

Section 28 Provision of information and cooperation

(1) A distributor must, further to a reasoned request from an enforcing authority and within such period as the authority may specify, provide the authority with the information and documentation, in paper or electronic form, necessary to demonstrate that the pyrotechnic article is in conformity with Part 2.

(2) A distributor must, at the request of the enforcing authority, cooperate with the authority on any action taken to—

(a) evaluate a pyrotechnic article in accordance with regulation 56 (evaluation of pyrotechnic articles presenting a risk); and

(b) eliminate the risks posed by a pyrotechnic article which the distributor has made available on the market.

Section 29 Storage and transport

Each importer and distributor must ensure that, while a pyrotechnic article is under their responsibility, its storage or transport conditions do not jeopardise its conformity with the essential safety requirements.

Section 30 Cases in which obligations of manufacturers apply to importers and distributors

An economic operator who would, but for this regulation, be considered an importer or distributor (“A”), is to be considered a manufacturer for the purposes of these Regulations and is subject to the obligations of a manufacturer under this Part, where A—

(a) places a pyrotechnic article on the market under A's own name or trademark; or

(b) modifies a pyrotechnic article already placed on the market in such a way that it may affect whether the pyrotechnic article is in conformity with Part 2.

Section 31 Prohibition on making available to persons younger than the minimum age limit

An economic operator must not make a pyrotechnic article available on the market in the United Kingdom to a person younger than the following minimum age limits—

(a) for a Christmas cracker, 12 years;

(b) for a category F1 firework other than a Christmas cracker, 16 years;

(c) for a category F2 firework or a category F3 firework, 18 years;

(d) for a category T1 theatrical pyrotechnic article, 18 years;

(e) for a category P1 other pyrotechnic article, 18 years.

Section 32 Prohibition on making available to persons without specialist knowledge

An economic operator must not make available on the market the following pyrotechnic articles, except to a person with specialist knowledge—

(a) a category F4 firework;

(b) a category T2 theatrical pyrotechnic article; or

(c) a category P2 other pyrotechnic article.

Section 33 Prohibitions on making available certain category F2 and F3 fireworks

(1) An economic operator must not make available on the market in the United Kingdom a category F2 firework or a category F3 firework of any of the following descriptions—

(a) an aerial wheel;

(b) a banger, flash banger or double banger;

(c) a jumping cracker;

(d) a jumping ground spinner;

(e) a spinner;

(f) a mini rocket;

(g) a shot tube—

(i) which produces a report as its principal effect; or

(ii) the inside diameter of which is greater than 30mm;

(h) a battery containing bangers, flash bangers or double bangers;

(i) a combination (other than a wheel) which includes one or more bangers, flash bangers or double bangers.

(2) Paragraph (1)(b) does not prohibit the making available on the market of a category F2 firework or category F3 firework as part of a wheel.

(3) Paragraph (1) does not prohibit the making available on the market of a category F2 firework or category F3 firework to a person with specialist knowledge.

(4) No person who carries on a business involving the making available of fireworks on the market by retail may supply a category F2 firework or category F3 firework which that person—

(a) has removed or caused to be removed from a selection pack or primary pack; or

(b) knows to have been removed from a selection pack or primary pack.

Section 34 Prohibition on making pyrotechnic articles for vehicles available to members of the general public

An economic operator must not make a category P1 pyrotechnic article, which is also a pyrotechnic article for a vehicle (including an airbag or seat belt pre-tensioner system), available to a member of the general public unless the article has been incorporated in a vehicle or a detachable vehicle part.

Section 35 Supply of UK safety data sheet

When making a pyrotechnic article for a vehicle available on the market to a professional user, an economic operator must supply to the professional user the UK safety data sheet referred to in regulation 12(3) (labelling of pyrotechnic articles for vehicles)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) on paper or in electronic form, provided that the format chosen is accessible to the professional user.

Section 36 Translation of declaration of conformity

(1) Before making a pyrotechnic article available on the market, an economic operator must ensure that the EU declaration of conformity is prepared in, or translated into, the language required by the relevant state in which it is to be made available on the market.

(2) Where the pyrotechnic articles is to be made available on the market in Northern Ireland , the language required is English.

Section 37 Identification of economic operators

(1) An economic operator (“E”), who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—

(a) any economic operator who has supplied E with a pyrotechnic article; and

(b) any economic operator to whom E has supplied a pyrotechnic article.

(2) The relevant period is—

(a) for information under paragraph (1)(a), a period of 10 years beginning on the day on which E was supplied with the pyrotechnic article;

(b) for information under paragraph (1)(b), a period of 10 years beginning on the day on which E supplied the pyrotechnic article.

Section 38 Prohibition on improper use of UK marking

(1) An economic operator must not affix the UK marking to a pyrotechnic article unless—

(a) that economic operator is the manufacturer; and

(b) the conformity of the pyrotechnic article with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure.

(2) An economic operator must not affix to a pyrotechnic article a marking (other than the UK marking) which purports to attest that the pyrotechnic article is in conformity with the essential safety requirements.

(3) An economic operator must not affix to a pyrotechnic article a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the UK marking.

(4) An economic operator must not affix to a pyrotechnic article any other marking if the visibility, legibility and meaning of the UK marking would be impaired as a result.

Section 38A Obligations which are met by complying with obligations in the Directive

(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

(c) “ 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—

(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);

(c) Part 3 does not apply; and

(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

(c) the vessel bears the CE marking and other markings referred to in Article 20(3) to (4).

(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.

Section 38B Obligations which are met by complying with obligations in the Directive that relate to the registration number

(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.

Section 38C Obligations which are met by complying with obligations in the Directive that relate to safety data sheet

(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.

Section 38D Conformity assessment procedure obligation which is met by complying with the Directive

(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.

Section 38E Further use of UK marking

(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;

(c) the technical documentation referred to in Annex II has been drawn up; and

(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;

(c) in Schedule 3A the reference to “statutory requirements” is to be read as including the Directive.

Section 38F Qualifying Northern Ireland Goods

(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.

Section 39 Presumption of conformity

(1) A pyrotechnic article which is in conformity with a designated standard (or part of such a standard) ... is to be presumed to be in conformity with the essential safety requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Section 40 Conformity assessment procedures

For the assessment of conformity of a pyrotechnic article, the manufacturer must follow one of the following procedures referred to in Schedule 2A —

(a) Type examination carried out by an approved body (Module B), and, at the choice of the manufacturer, one of the following procedures—

(i) conformity to type based on internal production control plus supervised product checks at random intervals (Module C2);

(ii) conformity to type based on quality assurance of the production process (Module D);

(iii) conformity to type based on product quality assurance (Module E);

(b) conformity based on unit verification by an approved body (Module G);

(c) conformity based on full quality assurance by an approved body (Module H), insofar as it concerns category F4 fireworks.

Section 41 ... Declaration of conformity

The ... declaration of conformity for a pyrotechnic article must—

(a) state that the fulfilment of the essential safety requirements has been demonstrated in respect of the pyrotechnic article;

(b) contain the elements specified in Schedule 2A for the relevant conformity assessment procedure followed in respect of the pyrotechnic article; and

(c) have the model structure set out in Schedule 3A .

Section 42 UK marking

(1) The UK marking must be affixed visibly, legibly and indelibly to the pyrotechnic article or, where paragraph (1A) applies, to a label affixed to the pyrotechnic article or to the accompanying documents .

(1A) For a period of seven years beginning with IP completion day, the UK marking may be affixed to—

(a) a label affixed to the pyrotechnic article; or

(b) the accompanying documents.

(2) Where paragraph (1A) does not apply and it is not possible or warranted, on account of the nature of the pyrotechnic article, to affix the UK marking in accordance with paragraph (1), the UK marking must be affixed to—

(a) the packaging; and

(b) the accompanying documents.

(3) The UK marking must be followed by the identification number of the approved which carried out the relevant conformity assessment procedure for the pyrotechnic article, where that body is involved in the production control phase.

(4) The identification number of the approved must be affixed—

(a) by the approved itself; or

(b) under the instructions of the approved , by the manufacturer.

Section 42A UK(NI) indication

(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.