Annexes to COM(2011)764 - Harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles

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dossier COM(2011)764 - Harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles.
document COM(2011)764 EN
date June 12, 2013
Annex IV, Part A.

(5) OJ L 218, 13.8.2008, p. 30.

(6) OJ L 218, 13.8.2008, p. 82.

(7) OJ L 121, 15.5.1993, p. 20.

(8) OJ L 10, 14.1.1997, p. 13.

(9) OJ L 46, 17.2.1997, p. 25.

(10) OJ L 170, 30.6.2009, p. 1.

(11) OJ L 316, 14.11.2012, p. 12.

(12) OJ L 210, 7.8.1985, p. 29.

(13) OJ L 55, 28.2.2011, p. 13.

(14) OJ L 396, 30.12.2006, p. 1.


ANNEX I

ESSENTIAL SAFETY REQUIREMENTS

1. Each pyrotechnic article must attain the performance characteristics specified by the manufacturer to the notified body in order to ensure maximum safety and reliability.

2. Each pyrotechnic article must be designed and manufactured in such a way that it can be disposed of safely by a suitable process with minimum effect on the environment.

3. Each pyrotechnic article must function correctly when used for its intended purpose.

Each pyrotechnic article must be tested under realistic conditions. If this is not possible in a laboratory, the tests must be carried out in the conditions in which the pyrotechnic article is to be used.

The following information and properties — where applicable — must be considered or tested:

(a)design, construction and characteristic properties, including detailed chemical composition (mass and percentage of substances used) and dimensions;

(b)the physical and chemical stability of the pyrotechnic article in all normal, foreseeable environmental conditions;

(c)sensitivity to normal, foreseeable handling and transportation;

(d)compatibility of all components as regards their chemical stability;

(e)resistance of the pyrotechnic article to moisture where it is intended to be used in humid or wet conditions and where its safety or reliability may be adversely affected by moisture;

(f)resistance to low and high temperatures, where the pyrotechnic article is intended to be kept or used at such temperatures and its safety or reliability may be adversely affected by cooling or heating of a component or of the pyrotechnic article as a whole;

(g)safety features intended to prevent untimely or inadvertent initiation or ignition;

(h)suitable instructions and, where necessary, markings in respect of safe handling, storage, use (including safety distances) and disposal;

(i)the ability of the pyrotechnic article, its wrapping or other components to withstand deterioration under normal, foreseeable storage conditions;

(j)specification of all devices and accessories needed and operating instructions for safe functioning of the pyrotechnic article.

During transportation and normal handling, unless specified by the manufacturer’s instructions, the pyrotechnic articles should contain the pyrotechnic composition.

4. Pyrotechnic articles must not contain detonative explosives other than black powder and flash composition, except for pyrotechnic articles of categories P1, P2, T2 and fireworks of category F4 meeting the following conditions:

(a)the detonative explosive cannot be easily extracted from the pyrotechnic article;

(b)for category P1, the pyrotechnic article cannot function in a detonative manner, or cannot, as designed and manufactured, initiate secondary explosives;

(c)for categories F4, T2 and P2, the pyrotechnic article is designed and intended not to function in a detonative manner, or, if designed to detonate, it cannot as designed and manufactured initiate secondary explosives.

5. The various groups of pyrotechnic articles must at least also comply with the following requirements:

A. Fireworks

1.The manufacturer must assign fireworks to different categories according to Article 6 characterised by net explosive content, safety distances, noise level, or similar. The category must be clearly indicated on the label.

(a)For category F1 fireworks, the following conditions must be met:

(i)the safety distance must be at least 1 m. However, where appropriate the safety distance may be less,

(ii)the maximum noise level must not exceed 120 dB (A, imp), or an equivalent noise level as measured by another appropriate method, at the safety distance,

(iii)category F1 must not comprise bangers, banger batteries, flash bangers and flash banger batteries,

(iv)throwdowns in category F1 must not contain more than 2,5 mg silver fulminate.

(b)For category F2 fireworks, the following conditions must be met:

(i)the safety distance must be at least 8 m. However, where appropriate the safety distance may be less,

(ii)the maximum noise level must not exceed 120 dB (A, imp), or an equivalent noise level as measured by another appropriate method, at the safety distance.

(c)For category F3 fireworks, the following conditions must be met:

(i)the safety distance must be at least 15 m. However, where appropriate the safety distance may be less,

(ii)the maximum noise level must not exceed 120 dB (A, imp), or an equivalent noise level as measured by another appropriate method, at the safety distance.

2.Fireworks may only be constructed of materials which minimise risk to health, property and the environment from debris.

3.The method of ignition must be clearly visible or must be indicated by labelling or instructions.

4.Fireworks must not move in an erratic and unforeseeable manner.

5.Fireworks of categories F1, F2 and F3 must be protected against inadvertent ignition either by a protective cover, by the packaging, or by the construction of the pyrotechnic article. Fireworks of category F4 must be protected against inadvertent ignition by methods specified by the manufacturer.

B. Other pyrotechnic articles

1.Pyrotechnic articles must be designed in such a way as to minimise risk to health, property and the environment during normal use.

2.The method of ignition must be clearly visible or must be indicated by labelling or instructions.

3.The pyrotechnic article must be designed in such a way as to minimise risk to health, property and the environment from debris when initiated inadvertently.

4.Where appropriate, the pyrotechnic article must function properly until the ‘use by’ date specified by the manufacturer.

C. Ignition devices

1.Ignition devices must be capable of being reliably initiated and be of sufficient initiation capability under all normal, foreseeable conditions of use.

2.Ignition devices must be protected against electrostatic discharge under normal, foreseeable conditions of storage and use.

3.Electric igniters must be protected against electromagnetic fields under normal, foreseeable conditions of storage and use.

4.The covering of fuses must be of adequate mechanical strength and adequately protect the explosive filling when exposed to normal, foreseeable mechanical stress.

5.The parameters for the burning times of fuses must be provided with the pyrotechnic article.

6.The electrical characteristics (e.g. no-fire current, resistance, etc.) of electric igniters must be provided with the pyrotechnic article.

7.The wires of electric igniters must be sufficiently insulated and must be of sufficient mechanical strength, including the solidity of the link to the igniter, taking account of their intended use.


ANNEX II

CONFORMITY ASSESSMENT PROCEDURES

MODULE B:   EU-type examination

1.EU-type examination is the part of a conformity assessment procedure in which a notified body examines the technical design of a pyrotechnic article and verifies and attests that the technical design of the pyrotechnic article meets the requirements of this Directive that apply to it.

2.EU-type examination shall be carried out as an assessment of the adequacy of the technical design of the pyrotechnic article through examination of the technical documentation and supporting evidence referred to in point 3, plus examination of a specimen, representative of the production envisaged, of the complete product (combination of production type and design type).

3.The manufacturer shall lodge an application for EU-type examination with a single notified body of his choice.

The application shall include:

(a)the name and address of the manufacturer;

(b)a written declaration that the same application has not been lodged with any other notified body;

(c)the technical documentation. The technical documentation shall make it possible to assess the pyrotechnic article’s conformity with the applicable requirements of this Directive and shall include an adequate analysis and assessment of the risk(s). The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the pyrotechnic article. The technical documentation shall contain, wherever applicable, at least the following elements:

(i)a general description of the pyrotechnic article;

(ii)conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;

(iii)descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the pyrotechnic article;

(iv)a list of the harmonised standards applied in full or in part, the references of which have been published in the Official Journal of the European Union and, where those harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements of this Directive including a list of other relevant technical specifications applied. In the case of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied;

(v)results of design calculations made, examinations carried out, etc.;

(vi)test reports;

(d)the specimens representative of the production envisaged. The notified body may request further specimens if needed for carrying out the test programme;

(e)the supporting evidence for the adequacy of the technical design solution. This supporting evidence shall mention any documents that have been used, in particular where the relevant harmonised standards have not been applied in full. The supporting evidence shall include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on his behalf and under his responsibility.

4.The notified body shall:

For the pyrotechnic article:

4.1.Examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the pyrotechnic article.

For the specimen(s):

4.2.Verify that the specimen(s) have been manufactured in conformity with the technical documentation, and identify the elements which have been designed in accordance with the applicable provisions of the relevant harmonised standards, as well as the elements which have been designed in accordance with other relevant technical specifications;

4.3.Carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant harmonised standards, these have been applied correctly;

4.4.Carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant harmonised standards have not been applied, the solutions adopted by the manufacturer, including those in other relevant technical specifications applied, meet the corresponding essential safety requirements of this Directive;

4.5.Agree with the manufacturer on a location where the examinations and tests will be carried out.

5.The notified body shall draw up an evaluation report that records the activities undertaken in accordance with point 4 and their outcomes. Without prejudice to its obligations vis-à vis the notifying authorities, the notified body shall release the content of that report, in full or in part, only with the agreement of the manufacturer.

6.Where the type meets the requirements of this Directive that apply to the pyrotechnic article concerned, the notified body shall issue an EU-type examination certificate to the manufacturer. That certificate shall contain the name and address of the manufacturer, the conclusions of the examination, the conditions (if any) for its validity and the necessary data for identification of the approved type. The EU-type examination certificate may have one or more annexes attached.

The EU-type examination certificate and its annexes shall contain all relevant information to allow the conformity of manufactured pyrotechnic articles with the examined type to be evaluated and to allow for in-service control.

Where the type does not satisfy the applicable requirements of this Directive, the notified body shall refuse to issue an EU-type examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal.

7.The notified body shall keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of this Directive, and shall determine whether such changes require further investigation. If so, the notified body shall inform the manufacturer accordingly.

The manufacturer shall inform the notified body that holds the technical documentation relating to the EU-type examination certificate of all modifications to the approved type that may affect the conformity of the pyrotechnic article with the essential safety requirements of this Directive or the conditions for validity of that certificate. Such modifications shall require additional approval in the form of an addition to the original EU-type examination certificate.

8.Each notified body shall inform its notifying authorities concerning the EU-type examination certificates and/or any additions thereto which it has issued or withdrawn, and shall, periodically or upon request, make available to its notifying authorities the list of such certificates and/or any additions thereto refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies concerning the EU-type examination certificates and/or any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning such certificates and/or additions thereto which it has issued.

The Commission, the Member States and the other notified bodies may, on request, obtain a copy of the EU-type examination certificates and/or additions thereto. On request, the Commission and the Member States may obtain a copy of the technical documentation and the results of the examinations carried out by the notified body. The notified body shall keep a copy of the EU-type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.

9.The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market.

MODULE C2:   Conformity to type based on internal production control plus supervised product checks at random intervals

1. Conformity to type based on internal production control plus supervised product checks at random intervals is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the EU-type examination certificate and satisfy the requirements of this Directive that apply to them.

2. Manufacturing

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured pyrotechnic articles with the type described in the EU-type examination certificate and with the requirements of this Directive that apply to them.

3. Product checks

A notified body, chosen by the manufacturer, shall carry out product checks or have them carried out at random intervals determined by the body, in order to verify the quality of the internal checks on the pyrotechnic article, taking into account, inter alia, the technological complexity of the pyrotechnic articles and the quantity of production. An adequate sample of the final products, taken on site by the notified body before the placing on the market, shall be examined and appropriate tests as identified by the relevant parts of the harmonised standards and/or equivalent tests set out in other relevant technical specifications, shall be carried out to check the conformity of the pyrotechnic article with the type described in the EU-type examination certificate and with the relevant requirements of this Directive. Where a sample does not conform to the acceptable quality level, the body shall take appropriate measures.

The acceptance sampling procedure to be applied is intended to determine whether the manufacturing process of the pyrotechnic article performs within acceptable limits, with a view to ensuring conformity of the pyrotechnic article.

The manufacturer shall, under the responsibility of the notified body, affix the notified body’s identification number during the manufacturing process.

4. CE marking and EU declaration of conformity

4.1.The manufacturer shall affix the CE marking to each individual pyrotechnic article that is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements of this Directive.

4.2.The manufacturer shall draw up a written EU declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The EU declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.

MODULE D:   Conformity to type based on quality assurance of the production process

1. Conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the EU-type examination certificate and satisfy the requirements of this Directive that apply to them.

2. Manufacturing

The manufacturer shall operate an approved quality system for production, final product inspection and testing of the pyrotechnic articles concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.

3. Quality system

3.1.The manufacturer shall lodge an application for assessment of his quality system with the notified body of his choice for the pyrotechnic articles concerned.

The application shall include:

(a)the name and address of the manufacturer;

(b)a written declaration that the same application has not been lodged with any other notified body;

(c)all relevant information for the pyrotechnic article category envisaged;

(d)the documentation concerning the quality system;

(e)the technical documentation of the approved type and a copy of the EU-type examination certificate.

3.2.The quality system shall ensure that the pyrotechnic articles are in conformity with the type described in the EU-type examination certificate and comply with the requirements of this Directive that apply to them.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records.

It shall, in particular, contain an adequate description of:

(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

(b)the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

(c)the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;

(d)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.; and

(e)the means of monitoring the achievement of the required product quality and the effective operation of the quality system.

3.3.The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.

It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant harmonised standard.

In addition to experience in quality management systems, the auditing team shall have at least one member with experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of this Directive. The audit shall include an assessment visit to the manufacturer’s premises. The auditing team shall review the technical documentation referred to in point 3.1(e) to verify the manufacturer’s ability to identify the relevant requirements of this Directive and to carry out the necessary examinations with a view to ensuring compliance of the pyrotechnic article with those requirements.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the reasoned assessment decision.

3.4.The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.

3.5.The manufacturer shall keep the notified body that has approved the quality system informed of any intended change to the quality system.

The notified body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.

It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

4. Surveillance under the responsibility of the notified body.

4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2.The manufacturer shall, for assessment purposes, allow the notified body access to the manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:

(a)the quality system documentation;

(b)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.

4.3.The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4.4.In addition, the notified body may pay unexpected visits to the manufacturer. During such visits the notified body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The notified body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

5. CE marking and EU declaration of conformity

5.1.The manufacturer shall affix the CE marking, and, under the responsibility of the notified body referred to in point 3.1, the latter’s identification number to each individual pyrotechnic article that is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements of this Directive.

5.2.The manufacturer shall draw up a written EU declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The EU declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.

6. The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:

(a)the documentation referred to in point 3.1;

(b)the information relating to the change referred to in point 3.5, as approved;

(c)the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.

7. Each notified body shall inform its notifying authorities of quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to its notifying authorities the list of quality system approvals refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies of quality system approvals which it has refused, suspended, withdrawn or otherwise restricted, and, upon request, of quality system approvals which it has issued.

MODULE E:   Conformity to type based on product quality assurance

1. Conformity to type based on product quality assurance is that part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the EU-type examination certificate and satisfy the requirements of this Directive that apply to them.

2. Manufacturing

The manufacturer shall operate an approved quality system for final product inspection and testing of the pyrotechnic articles concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.

3. Quality system

3.1.The manufacturer shall lodge an application for assessment of his quality system with the notified body of his choice for the pyrotechnic articles concerned.

The application shall include the following information:

(a)the name and address of the manufacturer;

(b)a written declaration that the same application has not been lodged with any other notified body;

(c)all relevant information for the pyrotechnic article category envisaged;

(d)the documentation concerning the quality system;

(e)the technical documentation of the approved type and a copy of the EU-type examination certificate.

3.2.The quality system shall ensure compliance of the pyrotechnic articles with the type described in the EU-type examination certificate and with the applicable requirements of this Directive.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records.

It shall, in particular, contain an adequate description of:

(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

(b)the examinations and tests that will be carried out after manufacture;

(c)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.;

(d)the means of monitoring the effective operation of the quality system.

3.3.The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.

It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant harmonised standard.

In addition to experience in quality management systems, the auditing team shall have at least one member with experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of this Directive. The audit shall include an assessment visit to the manufacturer’s premises. The auditing team shall review the technical documentation referred to in point 3.1(e), in order to verify the manufacturer’s ability to identify the relevant requirements of this Directive and to carry out the necessary examinations with a view to ensuring compliance of the pyrotechnic article with those requirements.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the reasoned assessment decision.

3.4.The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.

3.5.The manufacturer shall keep the notified body that has approved the quality system informed of any intended change to the quality system.

The notified body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.

It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

4. Surveillance under the responsibility of the notified body

4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2.The manufacturer shall, for assessment purposes, allow the notified body access to the manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:

(a)the quality system documentation;

(b)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.

4.3.The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4.4.In addition, the notified body may pay unexpected visits to the manufacturer. During such visits the notified body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The notified body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

5. CE marking and EU declaration of conformity

5.1.The manufacturer shall affix the CE marking, and, under the responsibility of the notified body referred to in point 3.1, the latter’s identification number to each individual pyrotechnic article that is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements of this Directive.

5.2.The manufacturer shall draw up a written EU declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The EU declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.

6. The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:

(a)the documentation referred to in point 3.1;

(b)the information relating to the change referred to in point 3.5, as approved;

(c)the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.

7. Each notified body shall inform its notifying authorities of quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to its notifying authorities the list of quality system approvals refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies of quality system approvals which it has refused, suspended or withdrawn, and, upon request, of quality system approvals which it has issued.

MODULE G:   Conformity based on unit verification

1. Conformity based on unit verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 5, and ensures and declares on his sole responsibility that the pyrotechnic article concerned, which has been subject to the provisions of point 4, is in conformity with the requirements of this Directive that apply to it.

2. Technical documentation

The manufacturer shall establish the technical documentation and make it available to the notified body referred to in point 4. The documentation shall make it possible to assess the pyrotechnic article’s conformity with the relevant requirements, and shall include an adequate analysis and assessment of the risk(s). The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the pyrotechnic article. The technical documentation shall, wherever applicable, contain at least the following elements:

(a)a general description of the pyrotechnic article;

(b)conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;

(c)descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the pyrotechnic article;

(d)a list of the harmonised standards applied in full or in part, the references of which have been published in the Official Journal of the European Union, and, where those harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements of this Directive, including a list of other relevant technical specifications applied. In the case of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied;

(e)results of design calculations made, examinations carried out, etc.;

(f)test reports.

The manufacturer shall keep the technical documentation at the disposal of the relevant national authorities for 10 years after the pyrotechnic article has been placed on the market.

3. Manufacturing

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured pyrotechnic article with the applicable requirements of this Directive.

4. Verification

A notified body chosen by the manufacturer shall carry out appropriate examinations and tests, set out in the relevant harmonised standards and/or equivalent tests set out in other relevant technical specifications, to check the conformity of the pyrotechnic article with the applicable requirements of this Directive, or have them carried out. In the absence of such a harmonised standard the notified body concerned shall decide on the appropriate tests to be carried out.

The notified body shall issue a certificate of conformity in respect of the examinations and tests carried out and shall affix its identification number to the approved pyrotechnic article, or have it affixed under its responsibility.

The manufacturer shall keep the certificates of conformity at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market.

5. CE marking and EU declaration of conformity

5.1.The manufacturer shall affix the CE marking and, under the responsibility of the notified body referred to in point 4, the latter’s identification number to each pyrotechnic article that satisfies the applicable requirements of this Directive.

5.2.The manufacturer shall draw up a written EU declaration of conformity and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The EU declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.

MODULE H:   Conformity based on full quality assurance

1. Conformity based on full quality assurance is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned satisfy the requirements of this Directive that apply to them.

2. Manufacturing

The manufacturer shall operate an approved quality system for design, manufacture and final product inspection and testing of the pyrotechnic articles concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.

3. Quality system

3.1.The manufacturer shall lodge an application for assessment of his quality system with the notified body of his choice for the pyrotechnic articles concerned.

The application shall include:

(a)the name and address of the manufacturer;

(b)the technical documentation for one model of each pyrotechnic article category intended to be manufactured. The technical documentation shall, wherever applicable, contain at least the following elements:

—a general description of the pyrotechnic article;

—conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;

—descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the pyrotechnic article;

—a list of the harmonised standards applied in full or in part, the references of which have been published in the Official Journal of the European Union, and, where those harmonised standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements of this Directive, including a list of other relevant technical specifications applied. In the event of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied;

—results of design calculations made, examinations carried out, etc.;

—test reports;

(c)the documentation concerning the quality system;

(d)a written declaration that the same application has not been lodged with any other notified body.

3.2.The quality system shall ensure compliance of the pyrotechnic articles with the applicable requirements of this Directive.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. That quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records.

It shall, in particular, contain an adequate description of:

(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality;

(b)the technical design specifications, including standards that will be applied and, where the relevant harmonised standards will not be applied in full, the means that will be used to ensure that the essential safety requirements of this Directive will be met;

(c)the design control and design verification techniques, processes and systematic actions that will be used when designing the pyrotechnic articles pertaining to the pyrotechnic article category covered;

(d)the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

(e)the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;

(f)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.;

(g)the means of monitoring the achievement of the required design and product quality and the effective operation of the quality system.

3.3.The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.

It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant harmonised standard.

In addition to experience in quality management systems, the auditing team shall have at least one member experienced as an assessor in the relevant product field and product technology concerned, and knowledge of the applicable requirements of this Directive. The audit shall include an assessment visit to the manufacturer’s premises. The auditing team shall review the technical documentation referred to in point 3.1(b) to verify the manufacturer’s ability to identify the applicable requirements of this Directive and to carry out the necessary examinations with a view to ensuring compliance of the pyrotechnic article with those requirements.

The manufacturer shall be notified of the decision.

The notification shall contain the conclusions of the audit and the reasoned assessment decision.

3.4.The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.

3.5.The manufacturer shall keep the notified body that has approved the quality system informed of any intended change to the quality system.

The notified body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.

It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

4. Surveillance under the responsibility of the notified body

4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2.The manufacturer shall, for assessment purposes, allow the notified body access to the design, manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:

(a)the quality system documentation;

(b)the quality records as provided for by the design part of the quality system such as the results of analyses, calculations, tests, etc.;

(c)the quality records as provided for by the manufacturing part of the quality system such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.

4.3.The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4.4.In addition, the notified body may pay unexpected visits to the manufacturer. During such visits, the notified body may, if necessary, carry out product tests, or have them carried out, in order to check the proper functioning of the quality system. It shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

5. CE marking and EU declaration of conformity

5.1.The manufacturer shall affix the CE marking and, under the responsibility of the notified body referred to in point 3.1, the latter’s identification number to each individual pyrotechnic article that satisfies the applicable requirements of this Directive.

5.2.The manufacturer shall draw up a written EU declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The EU declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the EU declaration of conformity shall be made available to the relevant authorities upon request.

6. The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:

(a)the technical documentation referred to in point 3.1;

(b)the documentation concerning the quality system referred to in point 3.1;

(c)the information relating to the change referred to in point 3.5, as approved;

(d)the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.

7. Each notified body shall inform its notifying authorities of quality system approvals issued or withdrawn and shall, periodically or upon request, make available to its notifying authorities the list of quality system approvals refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies of quality system approvals which it has refused, suspended or withdrawn, and, upon request, of quality system approvals which it has issued.


ANNEX III

EU DECLARATION OF CONFORMITY (No XXXX)  (1)

1.Registration number in accordance with Article 9:

2.Product, batch or serial number:

3.Name and address of the manufacturer:

4.This declaration of conformity is issued under the sole responsibility of the manufacturer.

5.Object of the declaration (identification of product allowing traceability):

6.The object of the declaration described above is in conformity with the relevant Union harmonisation legislation:

7.References to the relevant harmonised standards used or references to the other technical specifications in relation to which conformity is declared:

8.The notified body … (name, number) performed … (description of intervention) and issued the certificate:

9.Additional information:

Signed for and on behalf of:

(place and date of issue):

(name, function) (signature):


(1) It is optional for the manufacturer to assign a number to the declaration of conformity.


ANNEX IV

PART A

Repealed Directive with the amendment thereto

(referred to in Article 48)

Directive 2007/23/EC of the European Parliament and of the Council

(OJ L 154, 14.6.2007, p. 1).
Regulation (EU) No 1025/2012 of the European Parliament and of the Council

(OJ L 316, 14.11.2012, p. 12).
Only point (h) of Article 26(1)

PART B

Time-limits for transposition into national law and dates of application

(referred to in Article 48)

DirectiveTime-limit for transpositionDate of application
2007/23/EC4 January 20104 July 2010 (fireworks of categories F1, F2 and F3)

4 July 2013 (fireworks of category F4, other pyrotechnic articles and theatrical pyrotechnic articles)


ANNEX V

CORRELATION TABLE

Directive 2007/23/ECThis Directive
Article 1(1)Article 1(1)
Article 1(2)Article 1(2)
Article 1(3)Article 2(1)
Article 1(4)(a)Article 2(2)(a)
Article 1(4)(b)Article 2(2)(b)
Article 1(4)(c)Article 2(2)(c)
Article 1(4)(d)Article 2(2)(d)
Article 1(4)(e)Article 2(2)(e)
Article 1(4)(f)Article 2(2)(f) and Article 3(5)
Article 2(1)Article 3(1)
Article 2(2), first sentenceArticle 3(8)
Article 2(2), second sentenceArticle 2(2)(g)
Article 2(3)Article 3(2)
Article 2(4)Article 3(3)
Article 2(5)Article 3(4)
Article 2(6)Article 3(9)
Article 2(7)Article 3(10)
Article 2(8)Article 3(11)
Article 2(9)Article 3(14)
Article 2(10)Article 3(6)
—Article 3(7)
—Article 3(12)
—Article 3(13)
—Article 3(15) to (22)
Article 3(1)Article 6(1)
Article 3(2)Article 6(2)
Article 4(1)Article 8(1)
Article 4(2), first subparagraphArticle 12(1) to (9) and Article 14
Article 4(2), second subparagraphArticle 14
Article 4(3)Article 13(1) and Article 13(2), first subparagraph
—Article 13(2), second subparagraph
—Article 13(3)
—Article 13(4)
—Article 13(5)
Article 4(4)(a)Article 8(2), first subparagraph
Article 4(4)(b)Article 8(2), second subparagraph, and Article 8(5)
—Article 8(3), (4) and (6) to (9)
—Article 15
—Article 9
Article 5(1)Article 5
Article 5(2)—
Article 6(1)Article 4(1)
Article 6(2)Article 4(2)
Article 6(3)Article 4(3)
Article 6(4)Article 4(4)
Article 7(1)Article 7(1)
Article 7(2)Article 7(2)
Article 7(3)Article 7(3)
—Article 7(4)
Article 8(1)—
Article 8(2)—
Article 8(3), first sentence—
Article 8(3), second sentenceArticle 16
Article 8(3), third sentence—
Article 8(4)—
Article 9Article 17
—Article 18
Article 10(1)Article 21 and Article 30(1)
Article 10(2)Article 30(2)
Article 10(3)Articles 25 and 26
Article 10(4)Article 31(1)
Article 10(5)Article 31(2)
Article 10(6)—
—Articles 22 to 24
—Articles 27 to 29
Articles 32 to 37
Article 11(1)Article 20(1)
Article 11(2)Article 19
Article 11(3)Article 19
—Article 20(2)
Article 20(3)
—Article 20(4)
—Article 20(5)
Article 12(1)Article 10(1)
Article 12(2)Article 10(2)
Article 12(3)Article 10(3)
Article 12(4)Article 10(4)
Article 12(5)Article 10(5)
Article 12(6)—
Article 13(1)Article 11(1)
Article 13(2)Article 11(2)
Article 13(3)Article 11(3)
Article 14(1)Article 38(1)
Article 14(2)Article 38(2)
Article 14(3)Article 38(2)
Article 14(4)Article 38(2)
Article 14(5)Article 38(3)
Article 14(6)Article 38(2)
Article 14(7)Article 38(2)
Article 15Article 39(1), first subparagraph
—Article 39(1), second, third and fourth subparagraphs
—Article 39(2) to (8)
Article 16(1)Article 40(1), first subparagraph
Article 16(2)Article 40(2) and (3)
Article 16(3)Article 42(1)(a)
—Article 40(1), second subparagraph
—Article 41
—Article 42(1)(b) to (h) and Article 42(2)
Article 17(1)Article 38(2)
Article 17(2)Article 38(2)
Article 18(1)—
Article 18(2)Article 43
Article 19Article 44
Article 20Article 45
—Article 46(1)
Article 21(1)Article 47(1), first subparagraph
Article 21(2)Article 47(1), second subparagraph
—Article 47(2)
Article 21(3)Article 47(3)
Article 21(4)Article 47(4)
Article 21(5)Article 46(2) and (3)
Article 21(6)Article 46(4)
—Article 46(5)
—Article 48
Article 22Article 49
Article 23Article 50
Annex I(1)Annex I, point 1
Annex I(2)Annex I, point 2
Annex I(3)Annex I, point 3
Annex I(4)(a)Annex I, point 4
Annex I(4)(b)Annex I, point 4
Annex I(5)Annex I, point 5
Annex II(1)Annex II, Module B
Annex II(2)Annex II, Module C2
Annex II(3)Annex II, Module D
Annex II(4)Annex II, Module E
Annex II(5)Annex II, Module G
Annex II(6)Annex II, Module H
Annex IIIArticle 25
Annex IVArticle 19
—Annex III
—Annex IV
—Annex V