74.—(1) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2010 and which is of one of the following categories—
(a)a category F1 firework;
(b)a category F2 firework; or
(c)a category F3 firework.
(2) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2013 and which is of one of the following categories—
(a)a category F4 firework;
(b)a category T1 theatrical pyrotechnic article;
(c)a category T2 theatrical pyrotechnic article;
(d)a category P1 other pyrotechnic article; or
(e)a category P2 other pyrotechnic article.
(3) On 5th July 2017 the following provisions cease to have effect—
(a)paragraph (1); and
(b)paragraph (2), except to the extent that it applies to a pyrotechnic article for a vehicle (including as spare parts).
(4) The following regulations apply to pyrotechnic articles falling within paragraphs (1) and (2)—
(a)regulation 31 (prohibition on making available to persons younger than the minimum age limit);
(b)regulation 32 (prohibition on making available to persons without specialist knowledge); or
(c)regulation 33 (prohibition on making available certain category F2 or category F3 fireworks).
(5) For the purposes of these Regulations, a certificate issued, or approval granted, by a notified body under regulation 44(1) of the 2010 Regulations, or any enactment of [F1a] member State which implemented the 2007 Directive, is to be treated as a certificate issued or approval granted under Annex II to the Directive.
(6) In this regulation, “2007 Directive” means Directive 2007/23/EC of the European Parliament and of the Council on the placing on the market of pyrotechnic articles M1.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Word in reg. 74(5) 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. 35 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1OJ L 154, 14.6.2007, p. 1.
74.—(1) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2010 and which is of one of the following categories—
(a)a category F1 firework;
(b)a category F2 firework; or
(c)a category F3 firework.
(2) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2013 and which is of one of the following categories—
(a)a category F4 firework;
(b)a category T1 theatrical pyrotechnic article;
(c)a category T2 theatrical pyrotechnic article;
(d)a category P1 other pyrotechnic article; or
(e)a category P2 other pyrotechnic article.
(3) On 5th July 2017 the following provisions cease to have effect—
(a)paragraph (1); and
(b)paragraph (2), except to the extent that it applies to a pyrotechnic article for a vehicle (including as spare parts).
(4) The following regulations apply to pyrotechnic articles falling within paragraphs (1) and (2)—
(a)regulation 31 (prohibition on making available to persons younger than the minimum age limit);
(b)regulation 32 (prohibition on making available to persons without specialist knowledge); or
(c)regulation 33 (prohibition on making available certain category F2 or category F3 fireworks).
(5) For the purposes of these Regulations, a certificate issued, or approval granted, by a notified body under regulation 44(1) of the 2010 Regulations, or any enactment of another [F2relevant state] which implemented the 2007 Directive, is to be treated as a certificate issued or approval granted under Annex II to the Directive.
(6) In this regulation, “2007 Directive” means Directive 2007/23/EC of the European Parliament and of the Council on the placing on the market of pyrotechnic articles F3.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F2Words in reg. 74(5) 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. 6(2)
F3OJ L 154, 14.6.2007, p. 1.