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PART 2 U.K.Obligations of economic operators

Chapter 6U.K.All economic operators

Prohibition on making available to persons younger than the minimum age limitU.K.

31.  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.

Prohibition on making available to persons without specialist knowledgeU.K.

32.  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.

Prohibitions on making available certain category F2 and F3 fireworksU.K.

33.—(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.

Prohibition on making pyrotechnic articles for vehicles available to members of the general publicU.K.

34.  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.

Supply of [F1UK] safety data sheetE+W+S

35.  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 [F2UK] safety data sheet referred to in regulation 12(3) (labelling of pyrotechnic articles for vehicles)—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Supply of safety data sheetN.I.

35.  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 safety data sheet referred to in regulation 12(3) (labelling of pyrotechnic articles for vehicles)—

(a)in the language requested by that professional user; and

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

Extent Information

E3This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F4Translation of declaration of conformityU.K.

36.—(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 [F5relevant 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 [F6Northern Ireland], the language required is English.]

Textual Amendments

Identification of economic operatorsU.K.

37.—(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.

Prohibition on improper use of [F7UK] markingE+W+S

38.—(1) An economic operator must not affix the [F8UK] 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 [F8UK] 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 [F8UK] marking.

(4) An economic operator must not affix to a pyrotechnic article any other marking if the visibility, legibility and meaning of the [F8UK] marking would be impaired as a result.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Prohibition on improper use of CE markingN.I.

38.—(1) An economic operator must not affix the CE 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 CE 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 CE marking.

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

Extent Information

E4This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F9Obligations which are met by complying with obligations in the DirectiveE+W+S

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

(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.

Textual Amendments

Obligations which are met by complying with obligations in the Directive that relate to the registration numberE+W+S

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, as it has effect immediately before exit day.

(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.

Textual Amendments

Obligations which are met by complying with obligations in the Directive that relate to safety data sheetE+W+S

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, as it has effect in EU law immediately before exit day; and

(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.

Textual Amendments

Conformity assessment procedure obligation which is met by complying with the DirectiveE+W+S

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.

Textual Amendments

Expiry of regulations 38A to DE+W+S

38E.—(1) Subject to paragraph (2), regulations 38A to 38C cease to have effect at the end of the period of [F10four years] beginning with IP completion day.

(2) Notwithstanding the expiry of regulation 38A—

(a)any pyrotechnic article which was placed on the market pursuant to regulation 38A may continue to be made available on the market on or after the expiry of regulation 38A;

(b)any obligation to which a person was subject under regulation 38A in respect of a pyrotechnic article placed on the market pursuant to regulation 38A continues to have effect after the expiry of regulation 38A, in respect of that article;

(c)any obligation to which a person was subject under regulations 38B and 38C in respect of a pyrotechnic article pursuant to regulations 38B and 38C continues to have effect after the expiry of regulations 38B and 38C, in respect of that article.

(3) Subject to paragraph (4), regulation 38D ceases to have effect at the end of the period of [F11four years] beginning with IP completion day.

(4) Where a conformity assessment procedure has been completed pursuant to regulation 38B in relation to a pyrotechnic article prior to the expiry of regulation 38D, regulation 38D continues to apply in respect of that article where—

(a)the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body;

(b)the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and

(c)the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate.

(5) In paragraph (4) “EU-Type examination certificate” means a certificate issued after an EU-Type examination has been carried out in accordance with a conformity assessment procedure set out in Annex II of the Directive.

Textual Amendments

Qualifying Northern Ireland GoodsE+W+S

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.]

Textual Amendments