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39.—(1) A pyrotechnic article which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal of the European Union 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.
40. For the assessment of conformity of a pyrotechnic article, the manufacturer must follow one of the following procedures referred to in Annex II to the Directive (as amended from time to time)—
(a)EU-type examination carried out by a notified 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 a notified body (Module G);
(c)conformity based on full quality assurance by a notified body (Module H), insofar as it concerns category F4 fireworks.
41. The EU 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 Annex II to the Directive (as amended from time to time) for the relevant conformity assessment procedure followed in respect of the pyrotechnic article; and
(c)have the model structure set out in Annex III to the Directive (as amended from time to time).
42.—(1) The CE marking must be affixed visibly, legibly and indelibly to the pyrotechnic article.
(2) Where it is not possible or warranted, on account of the nature of the pyrotechnic article, to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed to—
(a)the packaging; and
(b)the accompanying documents.
(3) The CE marking must be followed by the identification number of the notified body 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 notified body must be affixed—
(a)by the notified body itself; or
(b)under the instructions of the notified body, by the manufacturer.
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