Legal provisions of COM(2005)457 - Placing on the market of pyrotechnic articles - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2005)457 - Placing on the market of pyrotechnic articles. |
|---|---|
| document | COM(2005)457  |
| date | May 23, 2007 |
Article 1
Objectives and scope
1. This Directive establishes rules designed to achieve the free movement of pyrotechnic articles in the internal market while, at the same time, ensuring a high level of protection of human health and public security and the protection and safety of consumers and taking into account the relevant aspects related to environmental protection.
2. This Directive establishes the essential safety requirements which pyrotechnic articles must fulfil with a view to their being placed on the market.
3. This Directive shall apply to pyrotechnic articles as defined in Article 2(1) to (5).
4. This Directive shall not apply to:
| (a) | Pyrotechnic articles intended for non-commercial use, in accordance with national law, by the armed forces, the police or fire departments; |
| (b) | Equipment falling within the scope of Directive 96/98/EC; |
| (c) | Pyrotechnic articles intended for use in the aerospace industry; |
| (d) | Percussion caps intended specifically for toys falling within the scope of Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys (13); |
| (e) | Explosives falling within the scope of Directive 93/15/EEC; |
| (f) | Ammunition, meaning projectiles and propelling charges and blank ammunition used in portable firearms, other guns and artillery. |
Article 2
Definitions
For the purposes of this Directive:
| 1. | ‘Pyrotechnic article’ means any article containing 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. |
| 2. | ‘Placing on the market’ means the first making available on the Community market of an individual product, with a view to its distribution and/or use, whether for payment or free of charge. Fireworks built by a manufacturer for his own use and which have been approved by a Member State for use on its territory are not to be considered as having been placed on the market. |
| 3. | ‘Firework’ means a pyrotechnic article intended for entertainment purposes. |
| 4. | ‘Theatrical pyrotechnic articles’ means pyrotechnic articles designed for indoor or outdoor stage use, including film and television productions or similar use. |
| 5. | ‘Pyrotechnic articles for vehicles’ means components of safety devices in vehicles which contain pyrotechnic substances used to activate these or other devices. |
| 6. | ‘Manufacturer’ means a natural or legal person who designs and/or manufactures a pyrotechnic article, or who causes such an article to be designed and manufactured, with a view to placing it on the market under his own name or trademark. |
| 7. | ‘Importer’ means any natural or legal person established in the Community who makes a pyrotechnic article originating from a third country available on the Community market for the first time in the course of his business. |
| 8. | ‘Distributor’ means any natural or legal person in the supply chain who makes a pyrotechnic article available on the market in the course of his business. |
| 9. | ‘Harmonised standard’ means a European standard adopted by a European standardisation body under a mandate from the Commission in conformity with the procedures laid down in Directive 98/34/EC and with which compliance is not compulsory. |
| 10. | ‘Person with specialist knowledge’ means a person authorised by a Member State to handle and/or use on its territory category 4 fireworks, category T2 theatrical pyrotechnic articles and/or category P2 other pyrotechnic articles as defined in Article 3. |
Article 3
Categorisation
1. Pyrotechnic articles shall be categorised by the manufacturer according to their type of use, or their purpose and level of hazard, including their noise level. The notified bodies referred to in Article 10 shall confirm the categorisation as part of the conformity assessment procedures in accordance with Article 9.
Categorisation shall be as follows:
| (a) | Fireworks
|
| (b) | Theatrical pyrotechnic articles
|
| (c) | Other pyrotechnic articles
|
2. Member States shall inform the Commission of the procedures whereby they identify and authorise persons with specialist knowledge.
Article 4
Obligations of the manufacturer importer and distributor
1. Manufacturers shall ensure that pyrotechnic articles placed on the market comply with the essential safety requirements set out in Annex I.
2. If the manufacturer is not established in the Community, the importer of the pyrotechnic articles shall ensure that the manufacturer has fulfilled his obligations under this Directive or assume these obligations himself.
The importer may be held liable by authorities and bodies in the Community with regard to those obligations.
3. Distributors shall act with due care in accordance with applicable Community law. In particular they shall verify that the pyrotechnic article bears the required conformity marking(s) and is accompanied by the required documents.
4. Manufacturers of pyrotechnic articles shall:
| (a) | submit the pyrotechnic article to a notified body as referred to in Article 10 which shall perform a conformity assessment in accordance with Article 9; and |
| (b) | affix a CE marking to, and label the pyrotechnic article in accordance with Article 11, and Article 12 or 13. |
Article 5
Placing on the market
1. Member States shall take all appropriate measures to ensure that pyrotechnic articles may be placed on the market only if they satisfy the requirements of this Directive, bear a CE marking, and comply with the obligations relating to the conformity assessment.
2. Member States shall take all appropriate measures to ensure that pyrotechnic articles do not unduly bear a CE marking.
Article 6
Free Movement
1. Member States shall not prohibit, restrict or hinder the placing on the market of pyrotechnic articles which satisfy the requirements of this Directive.
2. The provisions of this Directive shall not preclude measures taken by a Member State to prohibit or restrict the possession, use and/or the sale to the general public of category 2 and 3 fireworks, theatrical pyrotechnic articles and other pyrotechnic articles, which measures are justified on grounds of public order, security or safety, or environmental protection.
3. At trade fairs, exhibitions and demonstrations for the marketing of pyrotechnic articles, Member States shall not prevent the showing and use of pyrotechnic articles not in conformity with the provisions of this Directive, provided that a visible sign clearly indicates the name and date of the trade fair, exhibition or demonstration in question and the non-conformity and non-availability for sale of the articles until brought into conformity by the manufacturer, where such manufacturer is established within the Community, or by the importer. During such events, appropriate safety measures shall be taken in accordance with any requirements laid down by the competent authority of the Member State concerned.
4. Member States shall not prevent the free movement and use of pyrotechnic articles manufactured for the purpose of research, development and testing and which are not in conformity with the provisions of this Directive, provided that a visible sign clearly indicates their non-conformity and non-availability for purposes other than research, development and testing.
Article 7
Age limits
1. Pyrotechnic articles shall not be sold or otherwise made available to consumers below the following age limits:
| (a) | Fireworks Category 1: 12 years. Category 2: 16 years. Category 3: 18 years. |
| (b) | Other pyrotechnic articles and theatrical pyrotechnic articles Category T1 and P1: 18 years. |
2. Member States may increase the age limits under paragraph 1 where justified on grounds of public order, security or safety. Member States may also lower the age limits for persons vocationally trained or undergoing such training.
3. Manufacturers, importers and distributors shall not sell or otherwise make available the following pyrotechnic articles except to persons with specialist knowledge:
| (a) | fireworks of category 4, |
| (b) | pyrotechnic articles of category P2 and theatrical pyrotechnic articles of category T2. |
Article 8
Harmonised standards
1. The Commission may, in accordance with the procedures laid down by Directive 98/34/EC, request the European standardisation bodies to draw up or revise European standards in support of this Directive or encourage the relevant international bodies to draw up or revise international standards.
2. The Commission shall publish in the Official Journal of the European Union the references of such harmonised standards.
3. Member States shall ensure that the harmonised standards published in the Official Journal of the European Union are acknowledged and adopted. Member States shall consider pyrotechnic articles falling within the scope of this Directive which comply with the relevant national standards transposing the harmonised standards published in the Official Journal of the European Union to be in conformity with the essential safety requirements set out in Annex I. Member States shall publish the references of the national standards transposing those harmonised standards.
When Member States adopt national transpositions of the harmonised standards they shall publish the reference numbers of those transpositions.
4. Where a Member State or the Commission considers that the harmonised standards referred to in paragraph 2 of this Article do not fully satisfy the essential safety requirements set out in Annex I, the Commission or the Member State concerned shall refer the matter to the Standing Committee set up by Directive 98/34/EC, giving its reasons. The Standing Committee shall deliver its opinion within six months of such referral. In the light of the Standing Committee's opinion the Commission shall inform the Member States of the measures to be taken regarding the harmonised standards and the publication referred to in paragraph 2.
Article 9
Conformity assessment procedures
For the assessment of conformity of pyrotechnic articles the manufacturer shall follow one of the following procedures:
| (a) | the EC type-examination (Module B) procedure referred to in Annex II, Section 1, and, at the choice of the manufacturer, either:
|
| (b) | the unit verification (Module G) procedure referred to in Annex II, Section 5; or |
| (c) | the full product quality assurance procedure (Module H) referred to in Annex II, Section 6, insofar as it concerns fireworks of category 4. |
Article 10
Notified bodies
1. Member States shall inform the Commission and the other Member States of the bodies which they have appointed to carry out the conformity assessment procedures referred to in Article 9, together with the specific tasks which these bodies have been appointed to carry out and the identification numbers assigned to them by the Commission.
2. The Commission shall make available to the public on its website a list of the notified bodies and their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.
3. Member States shall apply the minimum criteria set out in Annex III for the assessment of bodies of which the Commission is to be notified. Bodies which meet the assessment criteria laid down by the harmonised standards relevant for notified bodies shall be presumed to satisfy the relevant minimum criteria.
4. A Member State which has notified the Commission of a given body shall withdraw the notification if it discovers that that body no longer meets the minimum criteria referred to in paragraph 3. It shall immediately inform the other Member States and the Commission thereof.
5. If the notification of a body is withdrawn, the attestations of conformity and the related documents provided by the body in question shall remain valid unless it is established that there is an imminent and direct risk to health and safety.
6. The Commission shall make available to the public on its website the withdrawal of the notification of the body in question.
Article 11
Obligation to affix the CE marking
1. After having successfully completed the conformity assessment in accordance with Article 9, manufacturers shall visibly, legibly and indelibly affix the CE marking to the pyrotechnic articles themselves or, if this is not possible, to an identification plate attached thereto or to the packaging. The identification plate must be so designed as to make its reuse impossible.
The model to be used for the CE marking shall be in accordance with Decision 93/465/EEC.
2. No marking or inscription which may confuse third persons as to the meaning and form of the CE marking may be affixed to pyrotechnic articles. Any other marking may be affixed to pyrotechnic articles provided the visibility and legibility of the CE marking is not impaired.
3. Where pyrotechnic articles are subject to other Community legislation which covers other aspects of, and prescribes the affixing of, the CE marking, this marking shall indicate that those articles are also presumed to conform to the provisions of the other legislation which applies to them.
Article 12
Labelling of articles other than pyrotechnic articles for vehicles
1. Manufacturers shall ensure that pyrotechnic articles other than pyrotechnic articles for vehicles are properly labelled visibly, legibly and indelibly in the official language(s) of the Member State in which the article is sold to the consumer.
2. The labelling of pyrotechnic articles shall include as a minimum the name and address of the manufacturer or, where the manufacturer is not established in the Community, the name of the manufacturer and the name and address of the importer, the name and type of the article, the minimum age limits as indicated in Article 7(1) and (2), the relevant category and instructions for use, the year of production for category 3 and 4 fireworks and, where appropriate, a minimum safety distance. The labelling shall include the net equivalent quantity (NEQ) of active explosive material.
3. In addition, fireworks shall display the following minimum information:
| Category 1: | where appropriate: ‘for outdoor use only’ and a minimum safety distance. |
| Category 2: | ‘for outdoor use only’ and, where appropriate, minimum safety distance(s). |
| Category 3: | ‘for outdoor use only’ and minimum safety distance(s). |
| Category 4: | ‘for use only by persons with specialist knowledge’ and minimum safety distance(s). |
4. In addition, theatrical pyrotechnic articles shall contain the following minimum information:
| Category T1: | where appropriate: ‘for outdoor use only’ and a minimum safety distance. |
| Category T2: | ‘for use only by persons with specialist knowledge’ and minimum safety distance(s). |
5. If the pyrotechnic article does not provide sufficient space for the labelling requirements referred to in paragraphs 2 to 4, the information shall be provided on the smallest piece of packaging.
6. The provisions of this Article shall not apply to pyrotechnic articles shown at trade fairs, exhibitions and demonstrations for the marketing of pyrotechnic articles, as referred to in Article 6(3), or manufactured for the purpose of research, development and testing, as referred to in Article 6(4).
Article 13
Labelling of pyrotechnic articles for vehicles
1. The labelling of pyrotechnic articles for vehicles shall include the name of the manufacturer or, where the manufacturer is not established in the Community, the name of the importer, the name and type of the article and the safety instructions.
2. If the article does not provide sufficient space for the labelling requirements referred to in paragraph 1, the information shall be provided on the packaging.
3. A safety data sheet compiled in accordance with the Annex to Commission Directive 2001/58/EC of 27 July 2001 amending for the second time Directive 91/155/EEC (14) shall be supplied to professional users in the language requested by them.
The safety data sheet may be supplied on paper or electronically, provided that the addressee has the necessary means of accessing it.
Article 14
Market surveillance
1. Member States shall take all appropriate measures to ensure that pyrotechnic articles may be placed on the market only if, when properly stored and used for their intended purpose, they do not endanger the health and safety of persons.
2. Member States shall carry out regular inspections of pyrotechnic articles on entry into the Community and at storage and manufacturing sites.
3. Member States shall take appropriate measures to ensure that when pyrotechnic articles are transferred within the Community, the safety and public security and protection requirements of this Directive are met.
4. Member States shall organise and perform appropriate surveillance of products placed on the market taking due account of the presumption of the conformity of products bearing a CE marking.
5. Member States shall inform the Commission annually about their market surveillance activities.
6. Where a Member State ascertains that a pyrotechnic article, bearing a CE marking, accompanied by the EC declaration of conformity and used in accordance with its intended purpose, is liable to endanger the health and safety of persons, it shall take all appropriate provisional measures to withdraw that article from the market, to prohibit its being placed on the market or to restrict its free movement. The Member State shall inform the Commission and the other Member States thereof.
7. The Commission shall make available to the public on its website the names of articles that, pursuant to paragraph 6, have been withdrawn from the market, have been banned or are to be placed on the market subject to restriction.
Article 15
Rapid information on products presenting serious risks
Where a Member State has sufficient reasons to believe that a pyrotechnic article presents a serious risk to the health and/or safety of persons in the Community, it shall inform the Commission and the other Member States thereof and shall perform an appropriate evaluation. It shall inform the Commission and the other Member States of the background for and the results of the evaluation.
Article 16
Safeguard clause
1. Where a Member State disagrees with the provisional measures taken by another Member State pursuant to Article 14(6) or where the Commission considers that such measures are contrary to Community legislation, the Commission shall consult, without delay, all parties concerned, evaluate the measures and take a position as to whether or not the measures are justified. The Commission shall notify its position to the Member States and inform the interested parties.
If the Commission considers that the national measures are justified, the other Member States shall take the necessary measures to ensure that the unsafe article is withdrawn from their national market and inform the Commission thereof.
If the Commission considers that the national measures are not justified, the Member State concerned shall withdraw them.
2. Where the provisional measures referred to in paragraph 1 are based on a shortcoming in harmonised standards, the Commission shall refer the matter to the Standing Committee set up by Directive 98/34/EC if the Member State at the origin of the measures maintains its position, and the Commission or that Member State shall initiate the procedure referred to in Article 8.
3. Where a pyrotechnic article does not conform but bears a CE marking, the competent Member State shall take appropriate action against whomever affixed the marking and shall inform the Commission thereof. The Commission shall inform the other Member States.
Article 17
Measures entailing refusal or restriction
1. Any measure taken pursuant to this Directive,
| (a) | to prohibit or restrict the placing on the market of a product; or |
| (b) | to withdraw a product from the market, |
shall state the exact grounds on which it is based. Such measures shall be notified without delay to the party concerned, who shall at the same time be informed of the remedies available to him under the national law of the Member State concerned, and of the time limits to which such remedies are subject.
2. In the event of a measure referred to in paragraph 1, the party concerned shall have an opportunity to put forward his views in advance, unless such consultation is not possible because of the urgency of the measure to be taken, as justified in particular by public health or safety requirements.
Article 18
Implementing measures
1. The following measures designed to amend non-essential elements of this Directive, inter alia by supplementing it by the addition of new non-essential elements, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(2):
| (a) | adaptations necessary to take account of any future amendments to United Nations recommendations; |
| (b) | adaptations to technical progress of Annexes II and III; |
| (c) | adaptations to the labelling requirements set out in Articles 12 and 13. |
2. The following measures shall be adopted in accordance with the regulatory procedure referred to in Article 19(3):
| (a) | the setting up of a traceability system, including a registration number and a register at EU level in order to identify types of pyrotechnic articles and their manufacturer; |
| (b) | the setting up of common criteria for the regular collection and updating of data on accidents related to pyrotechnic articles. |
Article 19
Committee
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 20
Penalties
Member States shall lay down rules on penalties applicable to infringements of the provisions of national law adopted pursuant to this Directive and ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Member States shall also adopt the necessary measures allowing them to detain consignments of pyrotechnic articles that fail to comply with this Directive.
Article 21
Transposition
1. Member States shall adopt and publish, by 4 January 2010, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2. They shall apply those provisions by 4 July 2010 for fireworks of categories 1, 2 and 3 and by 4 July 2013 for other pyrotechnic articles, for fireworks of category 4 and for theatrical pyrotechnic articles.
3. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
4. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
5. National authorisations granted before the relevant date indicated in paragraph 2 shall continue to be valid on the territory of the Member State having granted the authorisation until their expiry date or up to 10 years from the entry into force of the Directive, whichever is the shorter.
6. By way of derogation from paragraph 5, national authorisations for pyrotechnic articles for vehicles granted before the relevant date indicated in paragraph 2 shall continue to be valid until their expiry.
Article 22
Entry into force
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 23
Addressees
This Directive is addressed to the Member States.