Directive 2013/29 - Harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast)

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1.

Current status

This directive has been published on June 28, 2013, entered into force on June 29, 2013 and should have been implemented in national regulation on October  3, 2013 at the latest.

2.

Key information

official title

Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast) Text with EEA relevance
 
Legal instrument Directive
Number legal act Directive 2013/29
Original proposal COM(2011)764 EN
CELEX number i 32013L0029

3.

Key dates

Document 12-06-2013
Publication in Official Journal 28-06-2013; Special edition in Croatian: Chapter 13 Volume 066,OJ L 178, 28.6.2013
Effect 29-06-2013; Entry into force Date pub. +1 See Art 49
01-07-2015; Application Partial application See Art 49
End of validity 31-12-9999
Transposition 03-10-2013; At the latest See Art 47.2
30-06-2015; At the latest See Art 47.1

4.

Legislative text

28.6.2013   

EN

Official Journal of the European Union

L 178/27

 

DIRECTIVE 2013/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 12 June 2013

on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

 

(1)

Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles (3) has been substantially amended (4). Since further amendments are to be made, that Directive should be recast in the interests of clarity.

 

(2)

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products (5) lays down rules on the accreditation of conformity assessment bodies, provides a framework for the market surveillance of products and for controls on products from third countries, and lays down the general principles of the CE marking.

 

(3)

Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products (6) lays down common principles and reference provisions intended to apply across sectoral legislation in order to provide a coherent basis for revision or recasts of that legislation. Directive 2007/23/EC should be adapted to that Decision.

 

(4)

The laws, regulations and administrative provisions in force in the Member States with regard to the making available on the market of pyrotechnic articles are divergent, in particular as regards aspects such as safety and performance characteristics.

 

(5)

The laws, regulations and administrative provisions of Member States, being liable to cause barriers to trade within the Union, need to be harmonised in order to guarantee the free movement of pyrotechnic articles within the internal market while ensuring a high level of protection of human health and safety and the protection of consumers and professional end-users. Such high level of protection should include the relevant age limits associated with users of pyrotechnic articles being adhered to.

 

(6)

Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses (7) excludes pyrotechnic articles from its scope.

 

(7)

Safety during storage is governed by Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (8) which sets out safety requirements for establishments where explosives, including pyrotechnic substances, are present.

 

(8)

As regards safety in transportation, the rules concerning the transport of pyrotechnic articles are covered by international conventions and agreements, including the United Nations recommendations on the transport of dangerous goods. Those aspects should therefore not fall within the scope of this Directive.

 

(9)

This Directive should apply to all forms of supply, including distance selling.

 

(10)

This Directive should not apply to pyrotechnic articles to which Council Directive 96/98/EC of 20 December 1996 on marine equipment (9) and the relevant...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

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