EUROPEAN COMMISSION 
Brussels, 21.11.2011 
COM(2011) 764 final 
2011/0358 (COD) 
  
NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE 
(Implementation of the Goods Package) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the harmonisation of the laws of the Member States relating to the   makin g available 
on the market  of pyrotechnic articles  
(Recast) 
(Text with EEA relevance) 
  
EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT OF THE PROPOSAL  
General context, reasons for and objectives of this proposal 
This proposal is presented in the framework of the implementation of the “goods package”  
adopted in 2008. It is part of  a package of proposals aligni ng ten product directives to 
Decision No 768/2008/EC establishing a common framework for the marketing of products. 
Union (EU) harmonisation legislation ensuring th e free movement of products has contributed 
considerably to the completion and operation of the Single Market. It is based on a high level 
of protection and provides econom ic operators with the means to demonstrate conformity, 
thus ensuring free movement through trust in the products. 
Directive 2007/23/EC of the European Parliame nt and of the Council on the placing on the 
market of pyrotechnic articles is an example of  that Union harmonisation legislation, ensuring 
the free movement of pyrotechnic articles. It se ts out essential safety requirements that 
pyrotechnic articles must comply with in order to be made available on the EU market. Manufacturers must demonstrate that a py rotechnic article has been designed and 
manufactured in compliance with the essential safety requirements and affix the CE marking. 
Experience with the implementation of Uni on harmonisation legislation has shown – on a 
cross-sector scale – certain weaknesses and inconsistencies in the implementation and 
enforcement of this legislation, leading to: 
– the presence of non-compliant or dangerous products on the market and consequently 
a certain lack of trust in CE marking; 
– competitive disadvantages for economic operators complying with the legislation as 
opposed to those circumventing the rules; 
– unequal treatment in the case of non-co mpliant products and distortion of 
competition amongst economic operators due to different enforcement practices; 
– differing practices in the de signation of conformity a ssessment bodies by national 
authorities; 
– problems with the quality of  certain notified bodies. 
Furthermore the regulatory environment has beco me more and more complex, as frequently 
several pieces of legislation apply simu ltaneously to one and the same product. 
Inconsistencies in these piec es of legislation make it in creasingly difficult for economic 
operators and authorities to correctly interpret an d apply that legislation. 
To remedy these horizontal shortcomings in Union harmonisation legi slation observed across 
several industrial sectors, the “New Legislative Framework”  was adopted in 2008 as part of 
the goods package . Its objective is to strengthen and complete the existing rules and to 
improve practical aspects of their application and enforcement. The New Legislative 
Framework (NLF) consis ts of two complementary instruments, Regulation (EC)  
EN 3   EN No 765/2008 on accreditation and market su rveillance and Decision No 768/2008/EC 
establishing a common framework for the marketing of products . 
The NLF Regulation has introduced rules on accr editation (a tool for the evaluation of 
competence of conformity assessment bodies) and requirements for the organisation and performance of market surveillance and contro ls of products from third countries. Since 
1 January 2010 these rules apply di rectly in all Member States. 
The NLF Decision sets out a common framework for EU produc t harmonisation legislation. 
This framework consists of the provision s which are commonly used in EU product 
legislation (e.g. definitions, obligations of economic operators, notified bodies, safeguard 
mechanisms, etc). These common provisions ha ve been reinforced to ensure that the 
directives can be applied and enforced more ef fectively in practice. New elements, such as 
obligations on importers, have been introduced, which are crucial for improving the safety of 
products on the market. 
The provisions of the NLF Decision and those of the NLF Regulation are complementary and 
closely interlinked. The NLF Decision contains  the corresponding obligations for economic 
operators and notified bodies allowing market  surveillance authorities and authorities 
responsible for notified bodies to properly pe rform the tasks imposed on them by the NLF 
Regulation and to ensure an effective and cons istent enforcement of EU product legislation.  
However, unlike the NLF Regulation, the provis ions of the NLF Deci sion are not directly 
applicable. To ensure that all economic sect ors subject to Union ha rmonisation legislation 
benefit from the improvements of the NLF, the provisions of the NLF D ecision need to be 
integrated into the ex isting product legislation. 
A survey after the adoption of the goods packag e in 2008 showed that a majority of Union 
harmonisation legislation on products was due to be revised within the following 3 years, not 
only to address the problems observed throughout  all sectors but also for sector-specific 
reasons. Any such revision would automatically  include an alignment of the legislation 
concerned to the NLF Decision since Parlia ment, Council and Commission have committed 
themselves to use its provisions as much as po ssible in future legislation on products in order 
to further the utmost coheren ce of the regulatory framework. 
For a number of other Union harmonisation dire ctives, including Dire ctive 2007/23/EC on the 
placing on the market of pyrotechnic articles no revision for sector-specific problems had 
been envisaged within this timeframe. To ensure that the problems in relation to non-
compliance and notified bodies are nevertheless addr essed in these sectors,  and for the sake of 
consistency of the overall regul atory environment on products, it  was decided to align these 
directives within a package to th e provisions of the NLF Decision. 
Consistency with other policies and objectives of the Union 
This initiative is in line with the Single Market Act
1, which has stressed the need to restore 
consumer confidence in the quality of produc ts on the market and the importance of 
reinforcing market surveillance. 
                                                 
1 Communication from the Commission to the European  Parliament, the Council, the Economic and 
Social Committee and the Committee of the Regions, COM(2011) 206 final.  
EN 4   EN Furthermore it supports the Commission’s polic y on Better Regulation and simplification of 
the regulatory environment. 
2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT  
Consultation of interested parties 
The alignment of Directive 2007/23/EC on the pl acing on the market of pyrotechnic articles 
to the NLF Decision has been discussed with the national experts responsible for the 
implementation of this Directive in the pyr otechnics working group, the forum of notified 
bodies as well as in bilateral mee tings with industry associations. 
From June to October 2010 a pub lic consultation was organised th at comprised all the sectors 
involved in this initiative. It consisted of four targeted quest ionnaires for economic operators, 
authorities, notified bodies and users and the Commission services received 300 replies. The 
results are published at: 
http://ec.europa.eu/enterpri se/policies/single-market-goods /regulatory-policies-common-
rules-for-products/new-legislative-framework/index_en.htm  
In addition to the general consultation a specif ic SME consultation was carried out. 603 SMEs 
were consulted through the En terprise Europe Ne twork in May/June 2010. The results are 
available at http://ec.europa.eu/en terprise/policies/si ngle-market-goods/files/new-legislative-
framework/smes_statistics_en.pdf  
The consultation process revealed widespread su pport for the initiative. There is unanimity on 
the need to improve market surveillance and th e system for assessing and monitoring Notified 
Bodies. Authorities fully support the exercise b ecause it will strengthen the existing system 
and improve cooperation at EU level. Industry expects a more level playing field resulting 
from more effective actions against products that  do not comply with the legislation, as well 
as a simplification effect from the alignment of legislation. Ce rtain concerns were expressed 
on some obligations which are, however, indispen sable for increasing the efficiency of market 
surveillance. These measures will not entail si gnificant costs for indus try, and the benefits 
resulting from improved market surveill ance should by far outweigh the costs. 
Collection and use of expertise 
The impact assessment for this implementa tion package has largely built on the impact 
assessment carried out for the New Legislativ e Framework. In addition to the expertise 
collected and analysed in that context, furt her consultation of sect or-specific experts and 
interest groups, as well as horizontal expert s active in the area of technical harmonisation, 
conformity assessment, accreditation and market surveillance, has taken place. 
Impact assessment 
Based on the information collected, the Commis sion carried out an impact assessment which 
examined and compared three options.  
EN 5   EN Option 1 – No changes to the current situation 
This option proposes no changes to the current directive and relies ex clusively on certain 
improvements that can be expected from the NLF Regulation. 
Option 2 – Alignment to the NLF Deci sion by non-legislative measures 
Option 2 considers the possibility of encourag ing a voluntary alignment to the provisions set 
out in the NLF Decision by, e.g., presenting them  as best practices in guidance documents. 
Option 3 – Alignment to NLF Deci sion by legislative measures 
This option consists in integrating the provi sions of the NLF Decision into the existing 
directives. 
Option 3 was found to be the preferred option because: – it will improve the competitiveness of co mpanies and notified bodies taking their 
obligations seriously, as opposed to those cheating on the system; 
– it will improve the functioning of the intern al market by ensuring equal treatment of 
all economic operators, notably importers and distributors, as well as notified bodies; 
– it does not entail significant costs for economic operators and notified bodies; for 
those who are already acting responsibly, no ex tra costs or only negligible costs are 
expected; 
– it is considered more effective than option 2: due to the lack of enforceability of 
option 2 it is questionable that the positive impacts w ould materialise under that 
option; 
– options 1 and 2 do not provide answers to the problem of inconsistencies in the 
regulatory framework and therefore have no positive impact on the simplification of the regulatory environment. 
3. M
AIN ELEMENTS OF THE PROPOSAL  
3.1. Horizontal definitions 
The proposal introduces harmonised definiti ons of terms which are commonly used 
throughout Union harmonisation le gislation and should therefor e be given a consistent 
meaning throughout that legislation. 
3.2. Obligations of economic operators  and traceability requirements 
The proposal clarifies the oblig ations of manufacturers and introduces obligations for 
importers and distributors. Importers must veri fy that the manufactur er has carried out the 
applicable conformity assessm ent procedure and has drawn up a technical documentation. 
They must also make sure with the manufactur er that this technical documentation can be 
made available to authoritie s upon request. Furthermore importers must verify that the 
pyrotechnic articles are correctly marked and accompanied by instructions and safety  
EN 6   EN information. They must keep a copy of the Decl aration of conformity and indicate their name 
and address on the product, or where this is not possible on th e packaging or the 
accompanying documentation. Distribut ors must verify that the pyrotechnic article bears the 
CE marking, the name of the manufacturer and of  the importer, if rele vant, and that it is 
accompanied by the required documentation and instructions. 
Importers and distributors must cooperate with  market surveillance authorities and take 
appropriate actions when they have s upplied non-compliant pyrotechnic articles. 
Enhanced traceability obligations  are introduced for all econom ic operators. Pyrotechnic 
articles have to bear the manu facturer’s name and address and a number allowing to identify 
and link the article to its tec hnical documentation. When a pyro technic article is imported the 
importer’s name and address must also be on  the pyrotechnic articl e. Furthermore every 
economic operator must be able to identify to wards authorities the economic operator who has 
supplied him with a pyrotechnic ar ticle or to whom he has supplied a pyrotechnic article. 
3.3. Harmonised standards 
Compliance with harmonised standards provide s a presumption of c onformity with the 
essential requirements. On 1 June 2011 the Commission adopted a propos al for a Regulation 
on European Standardisation2 that sets out a horizontal legal framework for European 
standardisation. The proposal for the Regula tion contains inter alia provisions on 
standardisation requests from the Commission to the European Standardisation Organisations, 
on the procedure for objections to harmonised standards and on stakehol der participation in 
the standardisation process. Consequently the provisions of Directive 2007/23/EC which 
cover the same aspects have been deleted in this proposal for reasons  of legal certainty. 
The provision conferring presumption of conf ormity to harmonised standards has been 
modified to clarify the extent of the presumption of conformity  when standards only partially 
cover the essential requirements. 
3.4. Conformity assessment and CE marking 
Directive 2007/23/EC on the placing on the mark et of pyrotechnic artic les has selected the 
appropriate conformity assessment procedures wh ich manufacturers have to apply in order to 
demonstrate that their pyrotechnic articles comp ly with the essential safety requirements. The 
proposal aligns these procedures to their upda ted versions set out in the NLF Decision. 
General principles of the CE marking are set out in Article 30 of Regulation 765/2008, while 
the detailed provisions on the affixing of the CE marking to pyrotechnic articles have been 
inserted in this proposal. 
3.5. Notified Bodies 
The proposal reinforces the notification crite ria for notified bodies. It clarifies that 
subsidiaries or subcontractors must also comp ly with the notification requirements. Specific 
requirements for notifying authorities are intro duced, and the procedure for notification of 
notified bodies is revised. The competence of a notified body must be demonstrated by an 
accreditation certificate. Where accre ditation has not been used to evaluate the competence of 
                                                 
2 COM(2011) 315 final.  
EN 7   EN a notified body, the notification must compri se the documentation demonstrating how the 
competence of that body has been ev aluated. Member States will have the possibility to object 
to a notification. 
3.6. Market surveillance and the safeguard clause procedure 
The proposal revises the existing safeguard cl ause procedure. It introduces a phase of 
information exchange between Member States, and specifies the steps to be taken by the authorities concerned, when a non-compliant py rotechnic article is found. A real safeguard 
clause procedure – leading to a Decision at  Commission level on wh ether a measure is 
justified or not – is only launched when anot her Member State objects to a measure taken 
against a pyrotechnic article. Where there is no disagreement on the re strictive measure taken, 
all Member States must take the appropriate action on their territory. 
3.7. Sector specific issues 
Some pyrotechnic articles, notably automotive pyrotechnic articles such as air bag gas 
generators, contain small amounts of commercia l blasting agents and military explosives. 
Following the adoption of Directive 2007/23/EC it has become obvious that it will not be 
possible to replace these substa nces as additives in strictly  combustive compositions, where 
they are used to enhance the energetic balan ce. Therefore it is proposed to modify the 
essential safety requirement (4). 
3.8. Comitology and Delegated acts 
The provisions on the operation of the Explosiv es Committee have been adapted to the new 
rules on delegated acts laid dow n in Article 290 of the Treat y on the Functioning of the EU 
and to the new provisions on implementing act s laid down in Regul ation (EU) No 182/2011 
of the European Parliament a nd of the Council of 16 February  2011 laying down the rules and 
general principles concerning mechanisms for control by the Member States of the 
Commission's exercise of implementing powers
3. 
4. LEGAL ELEMENTS OF THE PROPOSAL  
Legal basis 
The proposal is based on Article 114 of the Tr eaty on the Functioning of the European Union. 
Subsidiarity principle 
The internal market is a competence that is sh ared between the Union and the Member States. 
The subsidiarity principle arises in particul ar with regard to th e newly added provisions 
aiming at the improvement of effective enfo rcement of Directive 2007/23/EC on the placing 
on the market of pyrotechnic articles, namely, the importer and distributor obligations, the 
traceability provisions, the provisions on the assessment and notification of notified bodies, 
and the enhanced cooperation obligations in the context of the revised market surveillance and 
safeguard procedures.  
                                                 
3 OJ L 55, 28.2.2011, p. 13.  
EN 8   EN Experience with the enforcement of the legislat ion has shown that measures taken at national 
level have led to divergent approaches and to  a different treatment of economic operators 
inside the EU, which undermines the objective of th is directive. If actions are taken at national 
level to address the problems, this risks cr eating obstacles to the free movement of goods. 
Furthermore action at national level is limited to the territorial competen ce of a Member State. 
In view of the increasing internationalisation of  trade, the number of cross-border cases is 
constantly rising. Coordinated act ion at EU level can much bette r achieve the objectives set, 
and will in particular render market surveillance more effective. Hence it is more appropriate 
to take action at EU level. 
As regards the problem of inconsistencies thro ughout the directives, this is a problem which 
can only be solved by the EU legislator. 
Proportionality 
In accordance with the principle of proportionality, the proposed modifications do not go 
beyond what is necessary to achieve the objectives set. 
The new or modified obligations do not impos e unnecessary burdens an d costs on industry – 
especially on small and medium sized enterpri ses – or administrations . Where modifications 
have been identified to have nega tive impacts, the analysis of the impacts of the option serves 
to provide the most proportionate response to the problems identified. A number of 
modifications concern the improvement of clarity of the existing Directive without 
introducing new requirements that entail added cost. 
Legislative technique used 
The alignment to the NLF Deci sion requires a number of subs tantive amendments to the 
provisions of Directive 2007/23/EC. To ensure the readability of the amended text the 
technique of recasting has been chosen in li ne with the Interinstitutional Agreement of 
28 November 2001 on a more structured use of  the recasting tec hnique for legal acts4. 
The changes made to the provisions of Dir ective 2007/23/EC concern: the definitions, the 
obligations of economic operato rs, the presumption of conf ormity provided by harmonised 
standards, the declaration of conformity, CE  marking, notified bodies, the safeguard clause 
procedure and the conformity assessment procedures. 
The proposal does not change the scope of the Di rective and the essentia l safety requirements, 
apart from the correction described under 3.7. 
5. BUDGETARY IMPLICATIONS  
This proposal does not have any implications for the EU budget. 
6. ADDITIONAL INFORMATION  
Repeal of existing legislation 
                                                 
4 OJ C 77, 28.3.2002.  
EN 9   EN The adoption of the proposal will lead to re peal of Directive 2007/23/EC on the placing on the 
market of pyrotechnic articles. 
European Economic Area 
The proposal concerns the EEA and should ther efore be extended to the European Economic 
Area.  
EN 10   EN  
Ð 2007/23/EC (adapted) 
Ö new 
NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE 
(Implementation of the Goods Package) 
2011/0358 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on the ⌦ harmonisation of the laws of the Member States relating to the ⌫ placing on 
the market  Ö making available on the market  of pyrotechnic articles  
(Recast) 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Community ⌦ on the Functioning of 
the European Union ⌫, and in particular Article 95 ⌦ 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 Eu ropean Economic and Social Committee5, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: 
 
Ø new 
(1) A number of substantive changes are to  be made to Direc tive 2007/23/EC of the 
European Parliament and of the Council of  23 May 2007 on the placing on the market 
of pyrotechnic articles6. In the interest of clarity, th at Directive should be recast. 
                                                 
5 OJ C […]. 
6 OJ L 154, 14.6.2007, p. 1.  
EN 11   EN (2) Regulation (EC) No 765/2008 of the European  Parliament and of the Council of 9 July 
2008 setting out the requirements for accredi tation and market surveillance relating to 
the marketing of products and re pealing Regulation (EEC) No 339/937 lays down rules 
on the accreditation of  conformity assessment bodies, provides a framework for the 
market surveillance of products and for cont rols on products from third countries, and 
lays down the general princi ples 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 marketi ng of products and repealing Council 
Decision 93/465/EEC8 lays down common principles and reference provisions 
intended to apply across sectoral legislatio n in order to provide a coherent basis for 
revision or recasts of that legislation. Di rective 2007/23/EC should be adapted to that 
Decision. 
 
Ð 2007/23/EC recital 1 
Ö new 
(4) The laws, regulations and administrative provisions in force in the Member States with 
regard to the placing  Ö making available  on the market of pyrotechnic articles are 
divergent, in particular as regards as pects such as safety and performance 
characteristics. 
 
Ð 2007/23/EC recital 2 (adapted) 
(5) Those  ⌦ The ⌫ laws, regulations and ad ministrative provisions ⌦ of Member 
States ⌫, being liable to cause barriers to trade within the Community ⌦ Union ⌫, 
should  ⌦ need to ⌫ be harmonised in order to gua rantee the free movement of 
pyrotechnic articles within the internal market whilst ensu ring a high level of 
protection of human health and safety  and the protection of consumers and 
professional end users. 
 
Ð 2007/23/EC recital 3 (adapted) 
(6) Council Directive 93/15/EEC of 5 Apr il 1993 on the harmonisation of the provisions 
relating to the placing on the market and su pervision of explosives for civil uses9 
excludes pyrotechnic articles from its scopeand states that pyrotechnic articles require 
appropriate measures to ensure the protec tion of consumers and the safety of the 
public and that an additional dir ective is planned in this field . 
                                                 
7 OJ L 218, 13.8.2008, p. 30. 
8 OJ L 218, 13.8.2008, p. 82. 
9 OJ L 121, 15.5.1993, p. 20. Directive as amended by Regu lation (EC) No  1882/2003 of the European 
Parliament and of the Council (OJ L  284, 31.10.2003, p.  1).  
EN 12   EN  
Ð 2007/23/EC recital 4 (adapted) 
(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
10 ⌦ which ⌫ sets out safety requirements for establishments where 
explosives, including pyrotechni c substances, are present. 
 
Ð 2007/23/EC recital 21 
Ö new 
(8) As regards safety in transportation, the rules concerning the tr ansport of pyrotechnic 
articles are covered by intern ational conventions and agr eements, including the United 
Nations recommendations on the transport of dangerous goods. Ö Those aspects 
should therefore not fall under th e scope of this Directive.  
 
Ð 2007/23/EC recital 6 
Ö new 
(9) This Directive should not apply to pyrot echnic articles to wh ich Council Directive 
96/98/EC of 20 December 1996 on marine equipment11 and the relevant international 
conventions mentioned therein apply. Ö It should also not apply to percussion caps 
intended for toys falling within the scope of Directive 2009/48/EC of the European 
Parliament and of the Council of 18 June 2009 on the safety of toys12.  
 
Ð 2007/23/EC recital 8 (adapted) 
Ö new 
(10) According to the principles set out in the Council Resolution of 7  May 1985 on a new 
approach to technical ha rmonisation and standards13 a pyrotechnic article should 
comply wi th this Directive when the article is placed on the Community market for the 
first time.  In view of religious, cultural and trad itional festivities in the Member States, 
fireworks built by the manufacturer for his own use and which have been approved by a Member State for use on its territory should not be considered as having been made available on the market and should ⌦ therefore ⌫ not therefore
 need to comply with 
this Directive. 
                                                 
10 OJ L 10, 14.1.1997, p. 13. Directive as last amended by Directive 2003/105/EC of the European 
Parliament and of the Council (OJ L  345, 31.12.2003, p.  97). 
11 OJ L 46, 17.2.1997, p. 25. Directive as last amended by Directive 2002/84/EC of the European 
Parliament and of the Council (OJ L  324, 29.11.2002, p.  53). 
12 Ö OJ L 170, 30.06.2009, p. 1.  
13 OJ C  136, 4.6.1985, p.  1.  
EN 13   EN  
Ð 2007/23/EC recital 13 
(11) It should not be possible, where the e ssential safety requirements are satisfied, for 
Member States to prohibit, restrict or hi nder the free movement of pyrotechnic articles. 
This Directive should apply without prejudice  to national legislation on the licensing 
of manufacturers, distributors a nd importers by the Member States. 
 
Ð 2007/23/EC recital 5 
(12) Pyrotechnic articles should include fi reworks, theatrical pyrotechnic articles and 
pyrotechnic articles for technical purposes, such as gas generators used in airbags or in 
seatbelt pretensioners. 
 
Ð 2007/23/EC recital 7 
(13) In order to ensure appr opriately high levels of protection, pyrotechni c articles should 
be categorised primarily according to their leve l of hazard as regards their type of use, 
purpose or noise level. 
 
Ð 2007/23/EC recital 9 (adapted) 
(14) Given the dangers inherent in the use of  pyrotechnic articles, it is appropriate to lay 
down age limits for their sale to consumers and their use, and to ensure that their 
labelling displays sufficient and appropriate information on safe use, in order to 
protect human health and safety and the environment. Provision should be made for  
cCertain pyrotechnic articles to  ⌦ should ⌫ be made available only to authorised 
specialists with the necessary knowledge, skills and experience. With regard to 
pyrotechnic articles for vehicles, label ling requirements should take into account 
current practice and the fact th at these articles are supplied exclusively to professional 
users. 
 
Ð 2007/23/EC recital 10 (adapted) 
(15) The use of pyrotechnic articles and, in par ticular, the use of fireworks, is subject to 
markedly divergent cultural customs and tr aditions in the respective Member States. 
This makes  iIt ⌦ is therefore ⌫ necessary to allow Member States to take national 
measures to limit the use or sale of certain categories of fireworks to the general public 
for reasons of public security or safety.  
EN 14   EN  
Ø new 
(16) Economic operators should be responsibl e for the compliance of pyrotechnic articles, 
in relation to their respective roles in the s upply chain, so as to ensure a high level of 
protection of public interests, such as health and safety, a nd the protection of 
consumers and to guarantee fair competition on the Union market. 
(17) All economic operators in tervening in the supply and distribution chain should take 
appropriate measures to ensure that they only make available on the market 
pyrotechnic articles which are in conformity with this Directive. It is necessary to 
provide for a clear and propor tionate distribution of oblig ations which correspond to 
the role of each operator in the supply and distribution process. 
(18) The manufacturer, having detailed knowledge of the desi gn and production process, is 
best placed to carry out the complete c onformity assessment procedure. Conformity 
assessment should therefore remain the ob ligation of the manu facturer alone. 
 
Ð 2007/23/EC recital 12 
Responsibility for ensuring that pyrotechnic ar ticles comply with th is Directive and in 
particular with those essential safety requi rements should rest w ith the manufacturer. 
If the manufacturer is not established in the Community, the natural or leg al person 
who imports a pyrotechnic article into the Community should ensure that the 
manufacturer has fulfilled his obligations under this Directive or should assume all 
obligations of the manufacturer.  
 
Ø new 
(19) It is necessary to ensure that pyrotec hnic articles from third countries entering the 
Union market comply with the requirements of  this Directive, and in particular that 
appropriate assessment procedures have been carried out by manufacturers with regard 
to those products. Provision should therefore be made for importers to make sure that 
the pyrotechnic articles they place on the ma rket comply with the requirements of this 
Directive and that they do not place on th e market pyrotechnic articles which do not 
comply with such requirements or present a risk. Provision shoul d also be made for 
importers to make sure that conformity a ssessment procedures have been carried out 
and that product marking and documentati on drawn up by manufacturers are available 
for inspection by the supervisory authorities. 
(20) The distributor makes a pyrotechnic articl e available on the market after it has been 
placed on the market by the manufacturer or the importer and shoul d act with due care 
to ensure that his handling of the pyrotech nic articles does not adversely affect the 
compliance of the pyrotechnic article. 
(21) Any economic operator who either places a pyrotechnic article on the market under his 
own name or trademark or modifies a py rotechnic article in such a way that 
compliance with the requirements of this  Directive may be affected should be  
EN 15   EN considered to be the manufacturer and should assume the obligations of the 
manufacturer. 
(22) Distributors and importers, being close to the market place, should be involved in 
market surveillance tasks carried out by the competent national authorities, and should 
be prepared to participate actively, providing those auth orities with all necessary 
information relating to the pyrotechnic article concerned. 
 
Ð 2007/23/EC recital 11 
(23) It is appropriate to establish essential safety requirements for pyrotechnic articles in 
order to protect consumers and to prevent accidents. 
 
Ø new 
(24) Some pyrotechnic articles, notably automo tive pyrotechnic articles such as air bag gas 
generators, contain small amounts of co mmercial blasting agents and military 
explosives. Following the adoption of Di rective 2007/23/EC it has become obvious 
that it will not be possible to replace thes e substances as additives in strictly 
combustive compositions, where they are used to enhance the energetic balance. The 
essential safety requirement (4), which rest ricts the use of commercial blasting agents 
and military explosives, should therefore be modified. 
 
Ð 2007/23/EC recital 14 (adapted) 
Ö new 
(25) In order to facilitate the process of demonstrating compliance  ⌦ conformity 
assessment ⌫ with the essential safety requirements ⌦ provided for in this 
Directive ⌫, harmonised standards for the design, manufacture and testing of 
pyrotechnic articles are being developed.  Ö it is necessary to provide for presumption 
of conformity for pyrotechnic articles wh ich are in conformity with harmonised 
standards that are adopted in accordance with Regulation (EU) No [../..] of the 
European Parliament and of the Council of  […..] on European Standardisation and 
amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 
94/25/EC, 95/16/EC, 97/23/EC, 98/34/ EC, 2004/22/EC, 2007/23/EC, 2009/105/EC 
and 2009/23/EC of the European Parliament and of the Council14 for the purpose of 
expressing detailed technical speci fications of those requirements.  
                                                 
14 OJ L […], […], p. […]  
EN 16   EN  
Ø new 
(26) Regulation (EU) No [../.. ] [on European Standardisation] provides for a procedure for 
objections to harmonised standards where those standards do not entirely satisfy 
requirements of this Directive. 
 
Ð 2007/23/EC recital 15 
European harmonised standards are drawn up, adopted and mod ified by the Committee for 
European Standardization (CEN ), the Committee for Electro -technical Standardization 
(Cenelec) and the European Telecommunication Standards Institute (ETSI). These 
organisations are recognised as competent for the adoption of harm onised standards, 
which they draw up in accordance with th e general guidelines for cooperation between 
themselves, and the European Commi ssion and the European Free Trade 
Association15, and with the procedure laid down in [Directive 98/34/EC of the 
European  Parliament and of the Council of 22  June 1998 laying down a procedure for 
the provision of information in  the field of technical sta ndards and regulations and of 
rules on Information Society services16]. With regard to pyrotechnic articles for 
vehicles, th e international orientation of the Eu ropean vehicle supply industry should 
be reflected by taking into account the relevant internati onal ISO standards.  
 
Ð 2007/23/EC recital 16 
In line with the ‘New Approach  to technical harmonisation and st andardisation’, pyrotechnic 
articles manufactured in compliance with harmonised standards should benefit from a 
presumption of conformity with  the essential safety requirements provided for in this 
Directive.  
 
Ø new 
(27) In order to enable economic operators to  demonstrate and the competent authorities to 
ensure that pyrotechnic artic les made available on the market comply with the 
essential safety requirements, it is necessa ry to provide for conformity assessment 
procedures. Decision 768/2008 establishes modules for conformity assessment 
procedures, which include pr ocedures from the least to the most stringent, in 
proportion to the level of risk involved and the level of safety required. In order to 
ensure intersectoral coherence and to avoi d ad-hoc variants, conformity assessment 
procedures should be chosen from among those modules 
                                                 
15 OJ C  91, 16.4.2003, p.  7. 
16 OJ L  204, 21.7.1998, p.  37. Directive as last amended by  the 2003 Act of Accession.   
EN 17   EN (28) Manufacturers should draw up an EU declar ation of conformity to provide detailed 
information on the conformity of a pyrotechni c article with the re quirements of this 
Directive and of the relevant Union harmonisation legislation. 
 
Ð 2007/23/EC recital 17 
By Decision 93/465/EEC of 22  July 1993 concerning the modules for the various phases of 
the conformity assessment procedures and the rules for the affixing and use of the CE 
conformity marking, which are intended to be used in the t echnical harmonisation 
directives17, the Council introduced harmonised m eans of applying procedures for 
conformity assessment. The application of these modules to pyrotechn ic articles will 
make it possible to determine the respons ibility of manufact urers and of bodies 
involved in the conformity assessment pr ocedure by taking account of the nature of 
the pyrotechnic articles concerned.  
 
Ð 2007/23/EC recital 19 
In order to be placed on the market, pyrotechnic articles should bear a CE marking indicating 
their conformity with the provisions of this Directive to enable them to move freely 
within the Community.  
 
Ø new 
(29) The CE marking, indicating the conform ity of a pyrotechnic article, is the visible 
consequence of a whole process comprising conformity assessment in a broad sense. 
General principles governi ng the CE marking are set out in Regulation (EC) 
No 765/2008. Rules governing the affixing of th e CE marking should be laid down in 
this Directive. 
(30) Experience has shown that the criteria se t out in Directive 2007/ 23/EC that conformity 
assessment bodies have to fulfil to be notif ied to the Commission are not sufficient to 
ensure a uniformly high level of performa nce of notified bodies throughout the Union. 
It is, however, essential that  all notified bodies perform th eir functions to the same 
level and under conditions of fair competition. That requires the setting of obligatory 
requirements for conformity assessment bodi es wishing to be notified in order to 
provide conformity assessment services. 
(31) In order to ensure a c onsistent level of conformity assessment quality it is also 
necessary to set requirements for notifying authorities and other bodies involved in the 
assessment, notification and monitoring of notified bodies. 
(32) The system set out in this Directiv e should be complemented by the accreditation 
system provided for in Regulation (EC)  No 765/2008. Since accreditation is an 
                                                 
17 OJ L  220, 30.8.1993, p.  23.  
EN 18   EN essential means of verifying the compet ence of conformity assessment bodies, it 
should also be used for th e purposes of notification. 
(33) Transparent accreditation as provided for in Regulation (EC) No 765/2008, ensuring 
the necessary level of  confidence in confor mity certificates, should be considered by 
the national public authorities throughout the Union as the preferred means of 
demonstrating the technical competence of conformity assessment bodies. However, 
national authorities may consider that they  possess the appropria te means of carrying 
out this evaluation themselves. In such cases , in order to ensure the appropriate level 
of credibility of evaluations carried out by other national author ities, they should 
provide the Commission and the other Member  States with the necessary documentary 
evidence demonstrating the compliance of th e conformity assessment bodies evaluated 
with the relevant regu latory requirements. 
(34) Conformity assessment bodies frequently s ubcontract parts of thei r activities linked to 
the assessment of conformity or have recour se to a subsidiary. In  order to safeguard 
the level of protection required for the pyrot echnic articles to be placed on the Union 
market, it is essential that conformity assessment subcontractors and subsidiaries fulfil 
the same requirements as notified bodies in relation to the perfor mance of conformity 
assessment tasks. Therefore, it is important  that the assessment of the competence and 
the performance of bodies to be notified a nd the monitoring of bodi es already notified 
cover also activities carried out by subcontractors and subsidiaries. 
(35) It is necessary to increase the efficiency  and transparency of th e notification procedure 
and, in particular, to adapt it to new technol ogies so as to enable online notification. 
(36) Since notified bodies may offer their serv ices throughout the Union, it is appropriate to 
give the other Member States and the Co mmission the opportunity to raise objections 
concerning a notified body. It is therefore important to provide for a period during 
which any doubts or concerns as to the co mpetence of conformity assessment bodies 
can be clarified before they start operating as notified bodies. 
(37) In the interests of competitiveness, it is crucial that notified bodies apply the 
conformity assessment procedures without  creating unnecessary burdens for economic 
operators. For the same reason, and to ensu re equal treatment of  economic operators, 
consistency in the technical application of the conformity assessment procedures needs 
to be ensured. That can best be achie ved through appropriate  coordination and 
cooperation between notified bodies.  
(38) In order to ensure legal certainty, it is  necessary to clarify that the rules on Union 
market surveillance and control of products entering the Union market provided for in 
Regulation (EC) No 765/2008 apply to pyrotech nic articles. This Directive should not 
prevent Member States from choosing the competent authorities to carry out those 
tasks. 
 
Ð 2007/23/EC recital 18 
(39) Groups of pyrotechnic articles that are similar in design, function or behaviour should 
be assessed by the notified bodies as product families.  
EN 19   EN  
Ð 2007/23/EC recital 20 (adapted) 
Ö new 
(40) According to the ‘New Approach to technical harmo nisation and standardisation’,  aA 
safeguard clause procedure is necessary to  allow the possibility for contesting the 
conformity of a pyrotechnic ar ticle or failures. Accordingl y, Member States should 
take all appropriate measures  to prohibit or restrict t he placing on the market of 
products bearing a CE marking or to withdraw  such products from the market if they 
endanger the health and safety of consum ers when the products are used for their 
intended purpose.  Ö In order to increase transparen cy and to reduce processing time, 
it is necessary to improve the existing safe guard clause procedure, with a view to 
making it more efficient and drawing on the expertise available in Member States.  
 
Ø new 
(41) The existing system should be supple mented by a procedure under which interested 
parties are informed of measures intended to be taken with regard to pyrotechnic 
articles presenting a risk to the health and safety of persons or to other aspects of 
public interest protection. It should also allow market surveilla nce authorities, in 
cooperation with the relevant economic operators, to act at an earlier stage in respect 
of such pyrotechnic articles 
(42) Where the Member States and the Comm ission agree as to th e justification of a 
measure taken by a Member State, no furt her involvement of the Commission should 
be required, except where non-compliance can be attributed to shortcomings of a 
harmonised standard. 
 
Ð 2007/23/EC recital 23 (adapted) 
(43) It is in the interests of the ma nufacturer and the importer to supply safe 
⌦ pyrotechnic articles ⌫products  in order to avoid liability costs for defective 
products causing damage to individuals and private property. In this regard, Council 
Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations 
and administrative provisions of the Member States concerning liability for defective 
products18 complements this Directive, ⌦ since ⌫as that Directive imposes a strict 
liability regime on manufact ures and importers and ensures an adequate level of 
protection for consumers. Furthermore, ⌦ that ⌫ this  Directive provides that 
notified bodies should be adequately insured in  respect of their professional activities, 
unless their liability is assumed by the Stat e in accordance with na tional law, or the 
Member State itself is directly responsible for the tests. 
                                                 
18 OJ L 210, 7.8.1985, p. 29. Directive as amended by Directive 1999/34/EC of the European Parlia ment 
and of the Council (OJ L  141, 4.6.1999, p.  20).  
EN 20   EN  
Ð 2007/23/EC recital 26 
The measures necessary for th e implementation of this Dir ective should be adopted in 
accordance with Council Decision 1999/468/EC of 28  June 1999 laying down the 
procedures for the exercise of impl ementing powers conferred on the Commission19. 
 
Ð 2007/23/EC recital 27 
In particular, the Commission should be empowered to adopt Community measures 
concerning United Nations recommendati ons, the labelling requirements of 
pyrotechnic articles and adaptations to technical progress of Annexes  II and III related 
to safety requireme nts and conformity assessment procedures. Since those measures 
are of general scope and are designed to amend non -essential elements of this 
Directive, or to supplement it by the addition of new non -essential elements, they must 
be adopted in accordance wi th the regulatory procedure with scrutiny provided for in 
Article  5a of Decision 1999/468/EC.  
 
Ø new 
(44) In order to ensure uniform conditions  for the implementation of this Directive 
implementing powers should be conferred on the Commission. Those powers should 
be exercised in accordance with Regula tion (EU) No 182/2011 of the European 
Parliament and of the Council of 16 Februa ry 2011 laying down the rules and general 
principles concerning mechanisms for control by the Member States of the 
Commission’s exercise of implementing powers20. 
(45) The examination procedure should be us ed for the adoption of the implementing acts 
in order to set up a traceability system and common criteria for collecting and updating 
of data on accidents relate d to pyrotechnic articles 
(46) In order to achie ve the objectives of this Directive, the power to adopt acts in 
accordance with Article 290 of the Treaty on the Functioning of the European Union 
should be delegated to the Commission in  respect of adopting Union measures 
concerning adapting this Directive to United Nations recommendations on the 
transport of dangerous goods, adaptations to  technical progress of the conformity 
assessment modules in Annex I to this Directive and th e labelling requirements of 
pyrotechnic articles. It is of particular importance th at the Commission carry out 
appropriate consultations dur ing its preparatory work, in cluding at expert level. 
(47) The Commission, when preparing and dr awing-up delegated acts, should ensure a 
simultaneous, timely and appropriate transmission of relevant documents to the 
European Parliament and Council. 
                                                 
19 OJ L  184, 17.7.1999, p.  23. Decision as amended by Decision 2006/512/EC (OJ L  200, 22.7.2006, 
p. 11). 
20 OJ L 55, 28.2.2011, p.13.  
EN 21   EN  
Ð 2007/23/EC recital 22 
(48) Member States should lay down rules on pe nalties applicable to infringements of the 
provisions of national law adopted pursuant to  this Directive and ensure that these 
rules are implemented. The penalties provide d for should be effe ctive, proportionate 
and dissuasive. 
 
Ð 2007/23/EC recital 24 (adapted) 
Ö new 
(49) It is vital to provide for a  transitional period to allow national laws in specified fields 
to be adapted gradually.  Manufacturers and importers need to be given time to 
exercise any rights under national rules in force before the ⌦ date of 
application ⌫entry into force  of ⌦ national rules transposing ⌫ this Directive in 
order, for example, to sell their stocks of manufactured products. Furthermore, the 
specific transitional periods provided for for the application of this Direct ive would 
allow extra time for the adoption of harmonised standards and would ensure the 
speedy implementation of this Directive so as to enhance the protection of consumers.  
Ö It is necessary to provide for transiti onal arrangements that allow the making 
available on the market of pyrotechnic artic les that have already been placed on the 
market in accordance wi th Directive 2007/23/EC.  
 
Ð 2007/23/EC recital 25 (adapted) 
(50) Since the objectives of this Directive ⌦ , namely to ensure that pyrotechnic articles 
on the market fulfil the requirements providing a high level of protection of health and 
safety and other public interests while gua ranteeing the functioning of the internal 
market, ⌫ cannot be sufficiently achieved by th e Member States and can therefore 
⌦ , by reason of its scale and effects, ⌫ be better achieved at 
Community ⌦ Union ⌫ level, the Community ⌦ Union ⌫ may adopt measures, in 
accordance with the principle of  subsidiarity as set out in Article 5 of the Treaty ⌦ on 
European Union ⌫. In accordance with the principle of proportionality, as set out in 
that Article, this Directive does not go beyond what is nece ssary in orde r to achieve 
those objectives. 
 
Ð 2007/23/EC recital 28 
In accordance with point 34 of the Inte rinstitutional Agreement on better law -making21, 
Member States are encouraged to draw up, f or themselves and in the interests of the 
Community, their own tables il lustrating, as far as possible, the correlation between 
this Directive and the transposition measures, and to make them public,  
                                                 
21 OJ C  321, 31.12.2003, p.  1.  
EN 22   EN  
Ø new 
(51) The obligation to transpose this Directive into national law should be confined to those 
provisions which represent a substantive change as compared with the earlier 
Directive. The obligation to transpose th e provisions which are unchanged arises under 
the earlier Directive. 
(52) This Directive should be without prejudice to the obliga tions of the Member States 
relating to the time-limits for transposition into national law and application of the 
Directive set out in Annex III, 
 
Ð 2007/23/EC (adapted) 
HAVE ADOPTED THIS DIRECTIVE: 
Chapter 1   
⌦ General provisions ⌫ 
Article 1 
Objectives and scope ⌦ Subject matter ⌫ 
1. This Directive establishes rules designe d 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 re levant aspects related to environmental 
protection. 
 
Ð 2007/23/EC 
Ö new 
2. This Directive establishes the essential safety requirements which pyrotechnic 
articles must fulfil with a view to their being placed  Ö made available  on the 
market. 
 
Ð 2007/23/EC (adapted) 
Article 2  
⌦ Scope ⌫ 
13. This Directive shall apply to pyrot echnic articles as defined in Article  2(1) to (5) .  
EN 23   EN  
Ð 2007/23/EC 
24. This Directive shall not apply to: 
(a) Ppyrotechnic articles intended for non-co mmercial use, in accordance with 
national law, by the armed forces, the police or fire departments; 
(b) Eequipment falling within the sc ope of Directive 96/98/EC; 
(c) Ppyrotechnic articles intended for use in the aerospace industry; 
(d) Ppercussion 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 toys22 Directive 
2009/48/EC ; 
(e) Eexplosives falling within the scope of Directive 93/15/EEC; 
 
Ð 2007/23/EC (adapted) 
(f) Aammunition, meaning projectiles a nd propelling charges and blank 
ammunition used in portable fire arms, other guns and artillery ; 
⌦ (g) fireworks built by a manufacturer for his own use and which have been 
approved by a Member State for use on its territory. ⌫ 
Article 2 3 ⌦ [Article R1 of Decision No 768/2008/EC] ⌫  
Definitions  
For the purposes of this Directive ⌦, the following definitions shall apply ⌫: 
 
Ð 2007/23/EC 
(1) ‘P pyrotechnic article’ means any article co ntaining explosive substances or an 
explosive mixture of substances designed to produce heat, light, sound, gas or smoke 
or a combination of such effects thr ough self-sustained exothermic chemical 
reactions. ; 
(23) ‘F firework’ means a pyrotechnic article intended for entertainment purposes. ; 
(34) ‘T theatrical pyrotechnic articles’ means pyrot echnic articles desi gned for indoor or 
outdoor stage use, including film and television productions or similar use. ; 
                                                 
22 OJ L  187, 16.7.1988, p.  1.  
EN 24   EN (45) ‘P pyrotechnic articles for vehicles’ means co mponents of safety devices in vehicles 
which contain pyrotechnic substances used  to activate these or other devices. ; 
 
Ð 2007/23/EC (adapted) 
⌦ (5) ‘ammunition’ means projectiles and prope lling charges and blank ammunition used 
in portable firearms, other guns and artillery; ⌫ 
 
Ð 2007/23/EC (adapted) 
(610) ‘P person with specialist knowle dge’ means a person authoris ed by a Member State to 
handle and/or use on its territory categor y 4 fireworks, category T2 theatrical 
pyrotechnic articles and/or category P2 ot her pyrotechnic articles as defined in 
Article  3.; 
 
Ð 2007/23/EC (adapted) 
(72) ‘P placing on the market’ means the first making available ⌦ of a pyrotechnic 
article ⌫ on the Community ⌦ Union ⌫ market of an indi vidual product, with a 
view to its distribution and/or use,  whether for payment or free of c harge. Fireworks 
built by a manufacturer for his own use a nd 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 .; 
 
Ø new 
(8) ‘making available on the market’ mean s any supply of a pyrotechnic article for 
distribution, consumption or use on the Uni on market in the course of a commercial 
activity, whether in return fo r payment or free of charge; 
 
Ð 2007/23/EC (adapted) 
Ö new 
(96) ‘M manufacturer’ means a natural or legal person who designs and/or  manufactures a 
pyrotechnic article, or who causes ⌦ has ⌫ such an article to be  designed 
and⌦ or ⌫ manufactured, with a vi ew to placing it on the  market  Ö and 
markets  ⌦ that pyrotechnic article ⌫ under his own  name or trademark. ; 
(107) ‘I importer’ means any natural or lega l person established in the Community  
⌦ within the Union ⌫ who makes ⌦ places a pyrotechnic article ⌫ originating  
from a third country available  on the Community ⌦ Union ⌫ market for the first 
time in the course of his business .;  
EN 25   EN (118) ‘D distributor’ means any natural or legal person in the supply chain ⌦, other than 
the manufacturer or the importer, ⌫ who makes a pyrotechnic article available on 
the market in the course of his business .; 
 
Ø new 
(12) ‘economic operators’ means the manuf acturer, the importer and the distributor; 
(13) ‘technical specification’ means a document that prescribes technical requirements to 
be fulfilled by a pyrotechnic article; 
 
Ð 2007/23/EC (adapted) 
Ö new 
(149) ‘H harmonised standard’ means Ö harmonised standards as defined in Article 2(1)c 
of Regulation EU No [../..] [ on European Standardisation]  a European standard 
adopted by a European standardisation body under a mand ate from the Commission 
in conformity with the procedures laid down in Directive 98/ 34/EC and with which 
compliance is not compulsory .; 
 
Ø new 
(15) ‘accreditation’ means accreditation as de fined in Article 2(10) of Regulation (EC) 
No 765/2008; 
(16) ‘national accreditation body’ means national accreditation body as defined in 
Article 2(11) of Regulation (EC) No 765/2008; 
(17) ‘conformity assessment’ means the pr ocess demonstrating whether the essential 
safety requirements relating to a pyrotechnic article have been fulfilled; 
(18) ‘conformity assessment body’ means a body that performs conformity assessment 
activities including calib ration, testing, certification and inspection; 
(19) ‘recall’ means any measure aimed at achie ving the return of a pyrotechnic article that 
has already been made available to the end user; 
(20) ‘withdrawal’ means any measure aimed at preventing a pyrotechnic article in the 
supply chain from being made available on the market; 
(21) ‘CE marking’ means a marking by whic h the manufacturer indicates that the 
pyrotechnic article is in conformity with th e applicable requirements set out in Union 
harmonisation legislation pr oviding for its affixing; 
(22) ‘Union harmonisation legi slation’ means any Union legislation harmonising the 
conditions for the marketing of products.  
EN 26   EN  
Ð 2007/23/EC (adapted) 
Ö new 
Article 6 4 
Free Movement 
1. Member States shall not prohibit, restrict or hinder the placing  Ö making 
available  on the market of pyrotechnic articles  which satisfy the requirements of 
this Directive. 
2. The provisions of  tThis Directive shall not  preclude measures taken by a Member 
State to prohibit or restrict the possession, us e and/or the sale to the general public of 
category 2 and 3 fireworks, theatrical py rotechnic articles a nd other pyrotechnic 
articles, which measures are justified on gr ounds of public order, security or safety, 
or environmental protection. 
3. At trade fairs, exhibitions and demonstr ations 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 a nd date of the trade fair, ex hibition or demonstration in 
question and the non-conformity and non-availa bility for sale of the articles until 
brought into conformity by the manufacturer , where such manufactur er is established 
within the Community ⌦ Union ⌫, or by the importer. During such events, 
appropriate safety measures shall be take n 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-c onformity and non-availability for purposes other than 
research, development and testing. 
 
Ð 2007/23/EC 
Ö new 
Article 5 
Placing  Ö Making available  on the market 
1. Member States shall take all appropriate m easures to ensure that pyrotechnic articles 
may be placed  Ö made available  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 measure s to ensure that pyrotechnic articles 
do not unduly bear a CE marking.   
EN 27   EN  
Ð 2007/23/EC (adapted) 
Article 63  
 ⌦ Categories of py rotechnic articles ⌫Categorisation  
1. Pyrotechnic articles shall be categorised by the manufacturer according to their type 
of use, or their purpose and level of hazar d, including their noise level. The notified 
bodies referred to in Article 2110  shall confirm the categorisation as part of the 
conformity assessment procedures in accordance with ⌦ referred to ⌫ in Article 
179. 
 
Ð 2007/23/EC 
Categorisation shall be as follows: 
(a) Fireworks:  
(i) C category 1: fireworks which present a very low hazard and negligible 
noise level and which are intended for use in confined areas, including 
fireworks which are intended for use inside domestic buildings; 
(ii) Ccategory 2: fireworks which present a low hazard and low noise level 
and which are intended for outdoor use in confined areas; 
(iii) Ccategory 3: fireworks which present a medium hazard, which are 
intended for outdoor use in large open areas and whose noise level is not 
harmful to human health; 
(iv) Ccategory 4: fireworks which present a high hazard, which are intended 
for use only by persons with specia list knowledge (commonly known as 
fireworks for professional use) and whose noise level is not harmful to 
human health. 
(b) Theatrical pyrotechnic articles:  
(i) C category T1: pyrotechnic articles fo r stage use which present a low 
hazard; 
(ii) Ccategory T2: pyrotechnic articles fo r stage use which are intended for 
use only by persons with  specialist knowledge. 
(c) Other pyrotechnic articles:  
(i) C category P1: pyrotechnic articles othe r than fireworks and theatrical 
pyrotechnic articles which present a low hazard;  
EN 28   EN (ii) Ccategory P2: pyrotechnic articles othe r than fireworks and theatrical 
pyrotechnic articles which are inte nded for handling or use only by 
persons with speci alist knowledge. 
2. Member States shall inform the Commission of the procedures whereby they identify 
and authorise persons wi th specialist knowledge. 
 
Ð 2007/23/EC (adapted) 
Article 7 
Age limits 
1. Pyrotechnic articles shall not be sold or otherwise  made available ⌦ on the 
market ⌫ to consumers  below the following age limits: 
 
Ð 2007/23/EC 
(a) Ffireworks:  
(i) C category 1: 12 years. ; 
(ii) Ccategory 2: 16 years. ; 
(iii) Ccategory 3: 18 years. ; 
 
Ð 2007/23/EC (adapted) 
(b) Oother pyrotechnic articles ⌦ of category P1 ⌫ and theatrical pyrotechnic 
articles ⌦ of category T1: 18 years ⌫. 
Category T1 and P1: 18 years.  
2. Member States may increase the age limits under ⌦ set out in ⌫ paragraph 1 where 
justified on grounds of public order, secur ity or safety. Member States may also 
lower the age limits for persons vocationa lly trained or undergoing such training. 
3. Manufacturers, importers and distribu tors shall not sell or otherwise  make available 
⌦ on the market ⌫ the following pyrotechnic articles except to persons with 
specialist knowledge: 
 
Ð 2007/23/EC 
(a) fireworks of category 4, ;  
EN 29   EN (b) pyrotechnic articles of category P2 a nd theatrical pyrotechnic articles of 
category T2. 
 
Ð 2007/23/EC (adapted) 
Chapter 2  
⌦ Obligations of economic operators ⌫ 
Article 4 8 ⌦ [Article R2 of Decision No 768/2008/EC] ⌫  
Obligations of the manufacturer  ⌦ manufacturers ⌫ importer and d istributor  
1. ⌦ When placing their pyrotechnic articles on the market, ⌫ Mmanufacturers shall 
ensure that pyrotechnic articles  placed on the market comply ⌦ they have been 
designed and manufactured in accordance ⌫ with the essential safety requirements 
set out in Annex I. 
 
Ð 2007/23/EC 
2. If the manufacturer is not established in the Community, the impor ter of the pyrotechnic 
articles shall ensure that the manufacturer has fulfilled his oblig ations under this Directive or 
assume these obligations himself.  
The importer may be held liable by authorities and bodies in the Commun ity with regard to 
those obligations.  
3. Distributors shall act with due care in  accordance with applicable Community la w. In 
particular they shall verify that the pyrot echnic article bears the required conformity 
marking(s) and is accompanied by the required documents.  
4. Manufacturers of pyrot echnic articles shall:  
 (a) submit the pyrotechnic ar ticle to a no tified body as  referred to in Article  10 which 
shall perform a conformity assessm ent 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.  
 
Ø new 
2. Manufacturers shall draw up the technical documentation referred to in Annex II and 
carry out the relevant conformity assessm ent procedure referred to in Article 16.  
EN 30   EN Where compliance of a pyrotechnic article w ith the applicable requirements has been 
demonstrated by that procedure, manufactur ers shall draw up an EU declaration of 
conformity and affix the CE marking. 
3. Manufacturers shall keep the technical doc umentation and the EU declaration of 
conformity for at least 10 years after th e pyrotechnic article ha s been placed on the 
market. 
4. Manufacturers shall ensure th at procedures are in plac e for series production to 
remain in conformity. Changes in pyrotechni c article design or characteristics and 
changes in the harmonised standards or in technical specificatio ns by reference to 
which conformity of a pyrotechnic article is declared shall be adequately taken into 
account. 
When deemed appropriate with regard to the risks presented by a pyrotechnic article, 
manufacturers shall, to protect the health and safety of consumers, carry out sample 
testing of pyrotechnic articles made avai lable on the market, investigate, and, if 
necessary, keep a register of complaints, of non-confor ming pyrotechnic articles and 
pyrotechnic article recalls, and shall keep  distributors informed of any such 
monitoring. 
5. Manufacturers shall ensure that  their pyrotechnic articles ar e labelled in accordance 
with Article 9 or 10. 
6. Manufacturers who consider or have reason to believe that a pyrotechnic article 
which they have placed on the market is not  in conformity with this Directive shall 
immediately take the necessary corrective m easures to bring that pyrotechnic article 
into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the 
pyrotechnic article presents  a risk, manufacturers sha ll immediately inform the 
competent national authorities of the Me mber States in which they made the 
pyrotechnic article available to  that effect, giving details,  in particular, of the non-
compliance and of any corrective measures taken. 
7. Manufacturers shall, further to a reas oned request from a competent national 
authority, provide it with all the info rmation and documentation necessary to 
demonstrate the conformity of the pyrotech nic article, in a language which can be 
easily understood by that authority. They shal l cooperate with that  authority, at its 
request, on any action taken to eliminate the risks posed by pyr otechnic articles 
which they have placed on the market.  
EN 31   EN  
Ð 2007/23/EC (adapted) 
Article 12 9 
Labelling of ⌦ pyrotechnic ⌫ articles other than pyrotechnic articles for vehicles 
 
Ð 2007/23/EC (adapted) 
Ö new 
1. Manufacturers shall ensure that pyrotechni c articles other than pyrotechnic articles 
for vehicles are properly  labelled visibly, legibly a nd indelibly in the official 
language(s) of the Member State in which the article is sold  Ö made available  to 
the consumer. 
 
Ð 2007/23/EC (adapted) 
Ö new 
2. The labelling of pyrotechnic articles shal l include as a minimum the name and 
address of the manufacturer or, where th e manufacturer is not established in the 
Community ⌦ Union ⌫, the name of the manufacturer and the name and address of 
the importer, the name and type of the article, Ö the registration number,  the 
minimum age limits as indicated ⌦ set out ⌫ 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 minimu m safety distance. The labelling shall 
include the Ö net explosive content (NEC)  equivalent quantity (NEQ) of active 
explosive material . 
3. In addition,  fFireworks shall ⌦ also ⌫ display the following minimum 
information: 
 
Ð 2007/23/EC 
(a) C category 1: where appropriate: ‘for out door use only’ and a minimum safety 
distance. ; 
(b) Ccategory 2: ‘for outdoor use only’ a nd, where appropriate, minimum safety 
distance(s). ; 
(c) C category 3: ‘for outdoor use only’ and minimum safety distance(s). ; 
(d) Ccategory 4: ‘for use only  by persons with specia list knowledge’ and minimum 
safety distance(s).  
EN 32   EN  
Ð 2007/23/EC (adapted) 
4. In addi tion, tTheatrical pyrotechnic articles shall contain ⌦ also display ⌫ the 
following minimum information: 
 
Ð 2007/23/EC 
Ö new 
(a) C category T1: where appropriate: ‘for out door use only’ and a minimum safety 
distance. ; 
(b) Ccategory T2: ‘for use only by persons with specialist knowledge’ and 
minimum safety distance(s). 
5. If the pyrotechnic article does not pr ovide sufficient space for the labelling 
requirements referred to in paragraphs 2, 3 and  to 4, the information shall be 
provided on the smallest piece of packaging. 
6. The provisions of this Articl e shall not apply to pyrotechnic ar ticles shown at trade fairs, 
exhibitions and demonstrations for the marketi ng of pyrotechnic articles, as referred to in 
Article 6(3), or manufactured for the purpose of resear ch, development and te sting, as referred 
to in Article  6(4).  
Article 13 10 
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 Ö , the registration number  
and the safety instructions. 
2. If the article does not provide sufficient sp ace for the labelling requirements referred 
to in paragraph 1, the information shall be provided on the packaging. 
3. A safety data sheet compiled in accordan ce with the Annex to Commission Directive 
2001/58/EC of 27  July 2001 amending for the second  time Directive 91/155/EEC23 
Regulation (EC) No 1907/2006 of the Euro pean Parliament and of the Council24 
shall be supplied to professional user s in the language requested by them. 
The safety data sheet may be supplied on paper or electronicall y, provided that the 
addressee has the necessary means of accessing it. 
                                                 
23 OJ L  212, 7.8.2001, p. 24.  
24 OJ L 136, 29.5.2007, p. 3.   
EN 33   EN  
Ø new 
Article 11 [Article R4 of Decision No 768/2008/EC] 
Obligations of importers 
1. Importers shall place only compliant pyrotechnic articles on the market. 
2. Before placing a pyrotechnic article on the ma rket importers shall ensure that the 
appropriate conformity assessment procedur e referred to in Article 16 has been 
carried out by the manufacturer. They shall ensure that the manu facturer has drawn 
up the technical documentation, that the pyrotechnic article bears the CE marking 
and that the manufacturer has complied with  the labelling requirements set out in 
Article 9 or 10. 
Where an importer considers or has reason to  believe that a pyrotechnic article is not 
in conformity with the essential safety requ irements set out in Annex I, he shall not 
place the pyrotechnic article on the market until it has been brought into conformity. 
Furthermore, where the pyrotechnic article pr esents a risk, the importer shall inform 
the manufacturer and the market survei llance authorities to that effect. 
3. Importers shall indicate their name and the address at which they can be contacted on 
the pyrotechnic article or, wh ere that is not possible, on its packaging or in a 
document accompanying the pyrotechnic article. 
4. Importers shall ensure that the pyrotechnic article is accompanied by instructions and 
safety information in a language which can be easily understood by consumers and 
other end-users, as determined by the Member State concerned. 
5. Importers shall ensure that, while a pyrotec hnic article is under their responsibility, 
storage or transport conditions do not jeopa rdise its compliance with the essential 
safety requirements set out in Annex I. 
6. When deemed appropriate with regard to the risks presented by a pyrotechnic article, 
importers shall, to protect the health and safety of consumers, carry out sample 
testing of pyrotechnic articles made avai lable on the market, investigate, and, if 
necessary, keep a register of complaints, of non-confor ming pyrotechnic articles and 
pyrotechnic articles recalls, and shall keep distributors informed of such monitoring. 
7. Importers who consider or have reason to believe that a pyrotechnic article which 
they have placed on the market is not in  conformity with this Directive shall 
immediately take the corrective measures n ecessary to bring that  pyrotechnic article 
into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the 
pyrotechnic article presents a risk, importers  shall immediately inform the competent 
national authorities of the Member States in which they made the pyrotechnic article 
available to that effect, givi ng details, in particular, of the non-compliance and of any 
corrective measures taken. 
8. Importers shall, for at least 10 years after the pyrotechnic article has been placed on 
the market, keep a copy of the EU declarati on of conformity at the disposal of the  
EN 34   EN market surveillance authorities and ensure  that the technical documentation can be 
made available to those authorities, upon request. 
9. Importers shall, further to a reasoned re quest from a competent national authority, 
provide it with all the information and documentation necessary to demonstrate the 
conformity of a pyrotechnic ar ticle in a language which can  be easily understood by 
that authority. They shall c ooperate with that authority, at its request, on any action 
taken to eliminate the risks posed by products which they have placed on the market. 
Article 12 [Article R5 of Decision No 768/2008/EC] 
Obligations of distributors 
1. When making a pyrotechnic arti cle available on the market distributors shall act with 
due care in relation to the requi rements of this Directive. 
2. Before making a pyrotechnic article available on the market distributors shall verify 
that the pyrotechnic article bears the require d CE marking, that it is accompanied by 
instructions and safety information in a language which can be easily understood by 
consumers and other end-users in the Memb er State in which the pyrotechnic article 
is to be made available on the market, and that the manufacturer and the importer 
have complied with the requirements se t out in Article 9 or 10 and 11(3). 
Where a distributor considers or has reason to  believe that a pyrotechnic article is not 
in conformity with the essential safety requ irements set out in Annex I, he shall not 
make the pyrotechnic article available on the market until it has been brought into 
conformity. Furthermore, where the pyrotechni c article presents a risk, the distributor 
shall inform the manufacturer or the importer to that effect as well as the market 
surveillance authorities. 
3. Distributors shall ensure th at, while a pyrotechnic article is under their responsibility, 
storage or transport conditions do not jeopa rdise its compliance with the essential 
safety requirements set out in Annex I. 
4. Distributors who consider or  have reason to believe that a pyrotechnic article which 
they have made available on the market is not  in conformity with this Directive shall 
make sure that the corrective measures ne cessary to bring that pyrotechnic article 
into conformity, to withdraw it or recall it, if appropriate, ar e taken. Furthermore, 
where the pyrotechnic article presents a ri sk, distributors shall immediately inform 
the competent national authorities of the Member States in which they made the 
pyrotechnic article available to  that effect, giving details,  in particular, of the non-
compliance and of any corrective measures taken. 
5. Distributors shall, further to a reasoned  request from a compet ent national authority, 
provide it with all the information and documentation necessary to demonstrate the 
conformity of a pyrotechnic ar ticle. They shall cooperate with that auth ority, at its 
request, on any action taken to eliminate the risks posed by pyr otechnic articles 
which they have made available on the market.  
EN 35   EN Article 13 [Article R6 of Decision No 768/2008/EC] 
Cases in which obligations of manufac turers apply to impor ters and distributors 
An importer or distributor shall be consider ed a manufacturer for the purposes of this 
Directive and he shall be subjec t to the obligations of the ma nufacturer under Article 8, where 
he places a pyrotechnic article on the market under his name or trademark or modifies a 
pyrotechnic article already pla ced on the market in such a way that compliance with the 
requirements of this Directive may be affected. 
Article 14 [Article R7 of Decision No 768/2008/EC] 
Identification of economic operators 
Economic operators shall, on re quest, identify the following to the market surveillance 
authorities: 
(a) any economic operator who has supplied them with a pyrotechnic article; 
(b) any economic operator to whom they have supplied a pyrotechnic article. 
Economic operators shall be able to present the information referred to in the first paragraph 
for a period of 10 years after they have been  supplied with the pyrot echnic article and for a 
period of 10 years after they have supplied the pyrotechnic article. 
Chapter 3 
Conformity of the pyrotechnic article 
 
Ð 2007/23/EC 
Article  8 
Harmonised standards  
1. The Commission m ay, in accordance with the procedur es laid down by Directive 98/34/EC, 
request the European standardis ation bodies to draw up or re vise European standards in 
support of this Directive or enco urage the relevant in ternational 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 th e harmonised standards published in the Official Journal 
of the European Un ion are acknowledged and adopted. Member States shall consider 
pyrotechnic articles falling within the scope of th is Directive which comply with the relevant 
national standards transposing the ha rmonised standards published in the Official Journal of 
the E uropean Union  to be in conformity with the essential safety requirements set out in 
Annex  I. Member States shall publish the referen ces of the national standards transposing 
those harmonised standards.   
EN 36   EN When Member States adopt national transpositions of th e harmonised standards they shall 
publish the reference numbers of those transpositions.  
4. Where a Member State or the Commission cons iders 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 refe rral. In the light of the 
Standing Committee's opinion the Commission shall inform th e Member States of the 
measures to be taken regarding the harmonise d standards and the public ation referred to in 
paragraph  2. 
 
Ø new 
Article 15[Article R8 of  Decision No 768/2008/EC] 
Presumption of conformity of pyrotechnic articles 
Pyrotechnic articles which are in conformity with harmonised standards or parts thereof the 
references of which have been published in the Official Journal of the European Union  shall 
be presumed to be in confor mity with the essential safety  requirements covered by those 
standards or parts thereo f, set out in Annex I. 
[Where a harmonised standard satisfies the requi rements which it covers and which are set out 
in Article 24 or Annex I, the Commission shal l publish the references of those standards in 
the Official Journal of  the European Union .] 
 
Ð 2007/23/EC 
Article 9 16 
Conformity assessment procedures 
For the assessment of conformity of pyrotechnic articles the manufacturer shall follow one of 
the following procedures: 
 
Ð 2007/23/EC (adapted) 
(a) the EC ⌦ EU ⌫ type-examination (Module B) procedure  referred to in Annex II, 
Section  1, and, at the choice of the manufacturer, either ⌦ one of the following 
procedures ⌫: 
(i) the  conformity to type ⌦ based on internal producti on control plus supervised 
product checks at random intervals ⌫ (Module C2 ) procedure  referred to in 
Annex II, Section  2,;  
EN 37   EN (ii) the  production⌦ conformity to type based on ⌫ quality assurance ⌦ of the 
production process ⌫ (Module D) procedure  referred to in Annex II, Section 
3, or; 
(iii) the  ⌦ conformity to type based on ⌫ product quality assurance (Module E) 
procedure  referred to in Annex II, Section  4; 
(b) the ⌦ conformity based on ⌫ unit verification (M odule G) procedure  referred to in 
Annex II, Secti on 5; or; 
(c) the ⌦ conformity based on ⌫ full product  quality assurance procedure  (Module H) 
referred to in Annex II, Section  6, insofar as it concerns fireworks of category 4. 
 
Ø new 
Article 17 [Article R10 of Decision No 768/2008/EC] 
EU declaration of conformity 
1. The EU declaration of conform ity shall state that the fulfilm ent of the essential safety 
requirements set out in Anne x I has been demonstrated. 
2. The EU declaration of conform ity shall contain the elements  specified in the relevant 
modules set out in Annex II to this Directive, shall have th e model structure set out in 
Annex III to Decision No 768/2008/EC and sha ll be continuously updated. It shall be 
translated into the language or languages required by the Member State in which 
market the pyrotechnic article is  placed or made available. 
3. Where a pyrotechnic article is subject to more than one Union act requiring an EU 
declaration of conformity, a single EU declar ation of conformity shall be drawn up in 
respect of all such Union acts. That declar ation shall contain the identification of the 
acts concerned including the publication references. 
4. By drawing up the EU declaration of c onformity, the manufacturer shall assume 
responsibility for the complian ce of the pyrotechnic article. 
Article 18 [Article R11 of Decision No 768/2008/EC] 
General principles of the CE marking 
The CE marking shall be subject to the general principles set out in Article 30 of Regulation 
(EC) No 765/2008.  
EN 38   EN  
Ð 2007/23/EC (adapted) 
Article 11 19 ⌦ [Article R12 of Decision No 768/2008/EC] ⌫  
Obligation to affix  ⌦ Rules and conditions for affixing ⌫ the CE marking ⌦ and other 
markings ⌫ 
1. After having s uccessfully completed the conformity assessment in accordance with 
Article  9, manufacturers shall ⌦ The CE marking shall be affixed ⌫ visibly, legibly 
and indelibly affix the CE marking  to the pyrotechnic articles.  themselves or,  if 
this⌦ Where that ⌫ is not possible ⌦ or not warranted on acc ount of the nature of 
the pyrotechnic article, it shall be affixed ⌫, to an identification plate attached 
thereto or  to the packaging ⌦ and to the accompanying documents ⌫. The 
identification plate must be so design ed as to make its reuse impossible.  
 
Ð 2007/23/EC 
The model to be used for the CE marking shall be in accordance with Decision 93/465/E EC. 
2. No marking or inscription which may conf use 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 legisl ation which covers 
other aspects of, and prescribes the affixi ng of, the CE marking, this marking shall 
indicate that those articles are al so presumed to conform to the p rovisions of the 
other legislation which applies to them.  
 
Ø new 
4. The CE marking shall be affixed before the pyrotechnic article is placed on the 
market. 
5. The CE marking shall be followed by the identification number of the notified body, 
where that body is involved in  the production control phase. 
The identification number of the notified body shall be affixed by the body itself or, 
under its instructions, by the manufacturer. 
6. The CE marking and, where applicable, the identification number referred to in 
paragraph 3 may be followed by a pictogram or any other mark indicating a special 
risk or use.  
EN 39   EN  
Ð 2007/23/EC (adapted) 
Chapter 4  
⌦ Notification of conf ormity assessment bodies ⌫ 
Article 10 20 ⌦ [Article R13 of Decision No 768/2008/EC] ⌫  
Notified bodies  ⌦ Notification ⌫ 
1. Member States shall inform  ⌦ notify ⌫ the Commission and the other Member States of 
the bodies ⌦ authorised ⌫ which they have appointed  to carry out the conformity 
assessment procedures referred to in Article  9, together with the specific  ⌦ third-party 
conformity assessment ⌫ tasks ⌦ under this Directive ⌫ which these bodies have been 
appointed to carry out and th e identification numbers assigned to them by the Commission . 
 
Ð 2007/23/EC 
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 w hich has notified the Commission of  a given body shall withdraw the 
notification if it discov ers that that body no longer meets the minimum criteria referred to in 
paragraph  3. It shall immediately inform the ot her 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 unl ess it is established that 
there is an imminent and direct  risk to health and safety.  
6. The Com mission shall make available to the public  on its website the withdrawal of the 
notification of the body in question.  
 
Ø new 
Article 21 [Article R14 of Decision No 768/2008/EC] 
Notifying authorities 
1. Member States shall designate a notifying authority that shall be responsible for 
setting up and carrying out the necessary procedures  for the assessment and 
notification of conformity assessment bodi es and the monitoring of notified bodies, 
including compliance with Article 26.  
EN 40   EN 2. Member States may decide that the a ssessment and monitoring referred to in 
paragraph 1 shall be carried out by a natio nal accreditation body within the meaning 
of and in accordance with Regulation (EC) No 765/2008. 
Article 22 [Article R15 of Decision No 768/2008/EC] 
Requirements relating to notifying authorities 
1. A notifying authority shall be established in  such a way that no conflict of interest 
with conformity assessment bodies occurs. 
2. A notifying authority shall be organised and operated so as to safeguard the 
objectivity and impartiality of its activities. 
3. A notifying authority shall be organised in such a way that  each decision relating to 
notification of a conformity  assessment body is taken by competent persons different 
from those who carried out the assessment. 
4. A notifying authority shall not offer or provide any activities that conformity 
assessment bodies perform or consultancy services on a commercial or competitive 
basis. 
5. A notifying authority shall safeguard the conf identiality of the information it obtains. 
6. A notifying authority shall have a suffici ent number of competent personnel at its 
disposal for the proper performance of its tasks. 
Article 23 [Article R16 of Decision No 768/2008/EC] 
Information obligation on notifying authorities 
Member States shall inform the Commission of  their procedures for the assessment and 
notification of conformity assessment bodies and the monitoring of notified bodies, and of 
any changes thereto. 
The Commission shall make that information publicly available. 
Article 24 [Article R17 of Decision No 768/2008/EC] 
Requirements relating to notified bodies 
1. For the purposes of notific ation, a conformity assessment body shall meet the 
requirements laid down in paragraphs 2 to 11. 
2. A conformity assessment body shall be esta blished under national law and have legal 
personality. 
3. A conformity assessment body shall be a third-party body independent of the 
organisation or the pyrotec hnic article it assesses. 
4. A conformity assessment body, its top level management and the personnel 
responsible for carrying out the conform ity assessment tasks shall not be the 
designer, manufacturer, supplier, installer, pu rchaser, owner, user or maintainer of  
EN 41   EN pyrotechnic articles and/or e xplosive substances which they assess. This shall not 
preclude the use of pyrotechnic articles and/or explosive substances that are 
necessary for the operations of the confor mity assessment body or the use of such 
products for personal purposes. 
A conformity assessment body, its top level management and the personnel 
responsible for carrying out the conformity assessment ta sks shall not be directly 
involved in the design, manuf acture or construction, the marketing, installation, use 
or maintenance of those pyr otechnic articles and/or explosive substances, or 
represent the parties engaged in those activities. They shall not engage in any activity 
that may conflict with their independence of  judgement or integrity in relation to 
conformity assessment activities for which they are notified. This shall in particular 
apply to consultancy services. 
Conformity assessment bodies shall ensure that  the activities of th eir subsidiaries or 
subcontractors do not affect the confidentia lity, objectivity or impartiality of their 
conformity assessment activities. 
5. Conformity assessment bodies and their pe rsonnel shall carry out the conformity 
assessment activities with the highest degree of professional integrity and the 
requisite technical competence in the spec ific field and shall be free from all 
pressures and inducements, particularly financial, which might influence their 
judgement or the results of their conform ity assessment activitie s, especially as 
regards persons or groups of persons with an interest in the results of those activities. 
6. A conformity assessment body shall be capa ble of carrying out all the conformity 
assessment tasks assigned to it by Article 16 and in relation to which it has been 
notified, whether those tasks are carried out  by the conformity assessment body itself 
or on its behalf and under its responsibility. 
At all times and for each conformity assessm ent procedure and each kind or category 
of products in relation to which it has b een notified, a conformity assessment body 
shall have at its disposal the necessary: 
(a) personnel with technical knowledge and sufficient and appropriate experience 
to perform the conformity assessment tasks; 
(b) descriptions of procedures  in accordance with which conformity assessment is 
carried out, ensuring the transparency a nd the ability of reproduction of those 
procedures. It shall have appropriate policies and procedures in place that 
distinguish between tasks it carries out as a notifi ed body and other activities; 
(c) procedures for the performance of activi ties which take due a ccount of the size 
of an undertaking, the sector in which it operates, its structure, the degree of 
complexity of the product technology in question and the mass or serial nature 
of the production process. 
It shall have the means nece ssary to perform the techni cal and administrative tasks 
connected with the conformity assessment activities in an appropriate manner and 
shall have access to all necessa ry equipment or facilities.  
EN 42   EN 7. The personnel responsible for carrying out  conformity assessment activities shall 
have the following: 
(a) sound technical and vocational training c overing all the conformity assessment 
activities in rela tion to which the conformity assessment body has been 
notified; 
(b) satisfactory knowledge of the requirement s of the assessments they carry out 
and adequate authority to carry out those assessments; 
(c) appropriate knowledge and understanding of  the essential safety requirements 
set out in Annex I, of the applicable harmonised standards and of the relevant 
provisions of Union harmoni sation legislation and of  national legislation; 
(d) the ability to draw up certificates, r ecords and reports demonstrating that 
assessments have been carried out. 
8. The impartiality of the conformity assessment bodies, their top level management 
and of the assessment personnel shall be guaranteed. 
The remuneration of the top level mana gement and assessment personnel of a 
conformity assessment body shall not depend on the number of assessments carried 
out or on the results of those assessments. 
9. Conformity assessment bodies sh all take out liability insu rance unless liability is 
assumed by the State in accordance with nati onal law, or the Member State itself is 
directly responsible for th e conformity assessment. 
10. The personnel of a conformity assessment body shall observe professional secrecy 
with regard to all information obtained in  carrying out their ta sks under Article 16 or 
any provision of national law giving effect to it, except in relation to the competent 
authorities of the Member State in which its activities are carried out. Proprietary 
rights shall be protected. 
11. Conformity assessment bodies shall participate in, or en sure that their assessment 
personnel are informed of, the relevant sta ndardisation activities and the activities of 
the notified body coordination group esta blished under the relevant Union 
harmonisation legislation and apply as gene ral guidance the administrative decisions 
and documents produced as a resu lt of the work of that group. 
Article 25 [Article R18 of Decision No 768/2008/EC] 
Presumption of conformity of notified bodies 
Where a conformity assessment body demonstrates its conformity with the criteria laid down 
in the relevant harmonised standards or parts thereof the references of which have been 
published in the Official Journal of the European Union  it shall be presumed to comply with 
the requirements set out in Article 24 in so far as the applicable harmonised standards cover 
those requirements.  
EN 43   EN Article 26 [Article R20 of Decision No 768/2008/EC] 
Subsidiaries of and subcontracting by notified bodies 
1. Where a notified body subcontracts specific tasks connected with conformity 
assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or 
the subsidiary meets the requirements set out in Article 24 and shall inform the 
notifying authority accordingly. 
2. Notified bodies shall take full respons ibility for the tasks performed by 
subcontractors or subsidiaries wh erever these are established. 
3. Activities may be subcontracted or carri ed out by a subsidiary only with the 
agreement of the client. 
4. Notified bodies shall keep at the disposal of the notifying authority the relevant 
documents concerning the assessment of the qua lifications of the subcontractor or the 
subsidiary and the work carried  out by them under Article 16. 
Article 27 [Article R22 of Decision No 768/2008/EC] 
Application for notification 
1. A conformity assessment body shall submit an application for notification to the 
notifying authority of the Member State in which it is established. 
2. That application shall be accompanied by a description of the conformity assessment 
activities, the confor mity assessment module or modul es and the product or products 
for which that body claims to be competent,  as well as by an accreditation certificate, 
where one exists, issued by a nationa l accreditation body attesting that the 
conformity assessment body fulfils the re quirements laid down in Article 24. 
3. Where the conformity assessment body con cerned cannot provide  an accreditation 
certificate, it shall provide the notifying aut hority with all the documentary evidence 
necessary for the verification, recognition and regular monitoring of its compliance 
with the requirements laid down in Article 24. 
Article 28 [Article R23 of Decision No 768/2008/EC] 
Notification procedure 
1. Notifying authorities may notify only conformity assessment bodies which have 
satisfied the requirements laid down in Article 24. 
2. They shall notify the Commission and the ot her Member States using the electronic 
notification tool developed and managed by the Commission. 
3. The notification shall include full details of the conformity assessment activities, the 
conformity assessment module or modules  and product or products concerned and 
the relevant attestation of competence. 
4. Where a notification is not based on an accr editation certificate as referred to in 
Article 27(2), the notifying authority sh all provide the Commission and the other  
EN 44   EN Member States with documentary evidence which attests to the conformity 
assessment body's competence and the arrangement s in place to ensure that that body 
will be monitored regularly and will continue to satisfy the requirements laid down in 
Article 24. 
5. The body concerned may perform the activ ities of a notified body only where no 
objections are raised by the Commission or  the other Member States within two 
weeks of a notification wher e an accreditation certificate is used or within two 
months of a notification wher e accreditation is not used. 
Only such a body shall be considered a notified body for the purposes of this 
Directive. 
6. The Commission and the other Member States  shall be notified of any subsequent 
relevant changes to the notification. 
Article 29 [Article R24 of Decision No 768/2008/EC] 
Identification numbers and lists of notified bodies 
1. The Commission shall assign an identif ication number to a notified body. 
It shall assign a single such number even  where the body is no tified under several 
Union acts. 
 
Ð 2007/23/EC (adapted) 
2. The Commission shall make ⌦ publicly ⌫ available to the public  on its website  a 
⌦ the ⌫ list of the notified  bodies ⌦ notified under this Di rective, including 
the ⌫ and their  identification numbers ⌦ that have been allocated to them ⌫ and 
the tasks  ⌦ activities ⌫ for which they have been notified. 
The Commission shall ensure that this  ⌦ that ⌫ list is kept up to date. 
 
Ø new 
Article 30 [Article R25 of Decision No 768/2008/EC] 
Changes to notifications 
1. Where a notifying authority has ascertained or  has been informed that a notified body 
no longer meets the requirements laid down in Article 24 or that it is failing to fulfil 
its obligations, the notifying au thority shall restrict, suspe nd or withdraw notification 
as appropriate, depending on the serious ness of the failure to meet those 
requirements or fulfil those obligations. It shall immediately inform the Commission 
and the other Member States accordingly. 
2. In the event of restriction, suspension or withdrawal of notification, or where the 
notified body has ceased it s activity, the notifying Member State shall take  
EN 45   EN appropriate steps to ensure that the files of that body are either  processed by another 
notified body or kept available for the re sponsible notifying and market surveillance 
authorities at their request. 
Article 31 [Article R26 of Decision No 768/2008/EC] 
Challenge of the competence of notified bodies 
1. The Commission shall investigate all cases where it doubts, or doubt is brought to its 
attention regarding, the competence of a notified body or the c ontinued fulfilment by 
a notified body of the requirements and responsibilities to wh ich it is subject. 
2. The notifying Member State shall provide  the Commission, on request, with all 
information relating to the basis for the notification or the maintenance of the 
competence of the body concerned. 
3. The Commission shall ensure that all sensi tive information obtained in the course of 
its investigations is treated confidentially. 
4. Where the Commission ascertains that a notified body does not meet or no longer 
meets the requirements for its notification, it  shall inform the notifying Member State 
accordingly and request it to take the n ecessary corrective measures, including de-
notification if necessary. 
Article 32 [Article R27 of Decision No 768/2008/EC] 
Operational obligations of notified bodies 
1. Notified bodies shall carry out conformity assessments in accordance with the 
conformity assessment procedures provided for in Article 16. 
2. Conformity assessments shall be carried out in a proportionate manner, avoiding 
unnecessary burdens for economic operators . Conformity assessment bodies shall 
perform their activities taking due account of  the size of an undertaking, the sector in 
which it operates, its struct ure, the degree of complexity  of the produc t technology in 
question and the mass or serial na ture of the production process. 
In so doing they shall nevertheless respect  the degree of rigour and the level of 
protection required for the compliance of the pyrotechnic article with the 
requirements of this Directive. 
3. Where a notified body finds that essential sa fety requirements set out in Annex I or 
corresponding harmonised standards or techni cal specifications have not been met by 
a manufacturer, it shall requ ire that manufacturer to ta ke appropriate corrective 
measures and shall not issue a conformity certificate. 
4. Where, in the course of the monitoring of conformity following the issue of a 
certificate, a notified body finds that a pyrot echnic article no longe r complies, it shall 
require the manufacturer to take appropriate  corrective measures and shall suspend or 
withdraw the certific ate if necessary.  
EN 46   EN 5. Where corrective measures are not taken or do not have the required effect, the 
notified body shall restrict, suspend or withdraw any cer tificates, as appropriate. 
Article 33 
Appeal against decision s of notified bodies 
Member States shall ensure that  an appeal procedure against decisions of the notified bodies 
is available. 
Article 34 [Article R28 of Decision No 768/2008/EC] 
Information obligation on notified bodies 
1. Notified bodies shall inform the notifying authority of the following: 
(a) any refusal, restriction, suspension or withdrawal of a certificate; 
(b) any circumstances affecting the scope of and conditions for notification; 
(c) any request for information which they ha ve received from market surveillance 
authorities regarding confor mity assessment activities; 
(d) on request, conformity assessment activities performed within the scope of 
their notification and a ny other activity performed, including cross-border 
activities and subcontracting. 
2. Notified bodies shall provide the other bodi es notified under this Directive carrying 
out similar conformity assessment activit ies covering the sa me products with 
relevant information on issues relating to negative and, on request, positive 
conformity assessment results. 
Article 35 [Article R29 of Decision No 768/2008/EC] 
Exchange of experience 
The Commission shall provide for the organisa tion of exchange of experience between the 
Member States' national authorities responsible for notification policy. 
Article 36 [Article R30 of Decision No 768/2008/EC] 
Coordination of notified bodies 
The Commission shall ensure that appropriate  coordination and coope ration between bodies 
notified under this Directive are put in place an d properly operated in the form of a forum of 
notified bodies. 
Member States shall ensure that  the bodies notified by them part icipate in the work of that 
forum, directly or by means of designated representatives.  
EN 47   EN  
Ð 2007/23/EC (adapted) 
Chapter 5  
⌦ Union market surveillance, con trol of products entering 
the Union market and safeguard procedures ⌫  
Article 14 37 
⌦ Union ⌫ Mmarket surveillance ⌦ and control of products entering the Union 
market ⌫ 
 
Ð 2007/23/EC 
1. Member States shall take all appropriate meas ures to ensure that pyrotechnic articles may 
be placed on the market only if, when properl y stored and used for their intended purpose, 
they do not endanger the heal th and safety of persons.  
2. Member States shall carry out regular inspec tions of pyrotechnic artic les 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 s ecurity and protection requirements 
of this Directive are met.  
4. Member States shall organise  and perform appropriate surv eillance of products placed on 
the market taking due account of the presumption of the conformi ty of products bearing a CE 
marking.  
 
Ø new 
1. Article 15(3) and Ar ticles 16 to 29 of Regulation (EC) No 765/2008 shall apply to 
pyrotechnic articles. 
 
Ð 2007/23/EC 
52. Member States shall inform the Co mmission annually about their market 
surveillance activities. 
6. Where a Member State ascertains that a pyrotechnic article, bearing a CE marking, 
accompanied by the EC declaratio n of conformity and used in  accordance with its intended 
purpose, is liable to en danger the health and safety of persons, it sh all take all appropriate 
provisional measures to withdraw  that article from the market, to prohibit its being placed on  
EN 48   EN the market or to restrict its free movement . The Member State shall inform the Commission 
and the other Member S tates thereof.  
7. The Commission shall make available to the p ublic on its website the names of articles that, 
pursuant to paragraph  6, have been withdrawn from the mark et, have been banned or are to be 
placed on the market subject to restriction.  
 
Ð 2007/23/EC (adapted) 
Ö new 
Article 3815  ⌦ [Article R31 of Decision No 768/2008/EC] ⌫  
Rapid information on products ⌦ Procedure for dealing with pyrotechnic articles ⌫ 
presenting serious  risks  ⌦ a risk at national level ⌫ 
1. Where ⌦ the market surveillanc e authorities of one ⌫ a Member State Ö have 
taken action pursuant to Article 20 of Regulation (EC) No 765/2008,  has⌦ or 
where they have ⌫ sufficient reasons to believe that a pyrotechnic article presents a 
serious  risk to the health and/ or safety of persons Ö or to other aspects of public 
interest protection covered by this Directive,  in the Community, it shall inform the 
Commission and the other Member States thereof  and⌦ they ⌫ shall ⌦ carry 
out ⌫ perform  an appropriate  evaluation Ö in relation to the pyrotechnic article 
concerned covering all the requirements laid  down in this Directive. The relevant 
economic operators shall cooperate as n ecessary with the market surveillance 
authorities . It shall infor m the Commission and the othe r Member States of the 
background for and the resu lts of the evaluation.  
 
Ø new 
Where, in the course of th at evaluation, the market surv eillance authorities find that 
the pyrotechnic article does not comply w ith the requirements laid down in this 
Directive, they shall without  delay require the relevant economic operator to take all 
appropriate corrective action to bring the pyrotechnic article into compliance with 
those requirements, to withdraw the pyrotechni c article from the market, or to recall 
it within a reasonable period, commensurate with  the nature of the risk, as they may 
prescribe. 
The market surveillance authorities sh all inform the relevant notified body 
accordingly. 
Article 21 of Regulation (EC) No 765/2008 shal l apply to the measures referred to in 
the second subparagraph. 
2. Where the market surveillance authoritie s consider that non-compliance is not 
restricted to their national territory, they  shall inform the Commission and the other 
Member States of the results of the eval uation and of the actions which they have 
required the economic operator to take.  
EN 49   EN 3. The economic operator shall ensure that a ll appropriate correctiv e action is taken in 
respect of all the pyrotechnic articles c oncerned that it has made available on the 
market throughout the Union. 
4. Where the relevant economic operator do es not take adequate corrective action 
within the period referred to in the sec ond subparagraph of paragraph 1, the market 
surveillance authorities shall take all appr opriate provisional measures to prohibit or 
restrict the pyrotechnic articles being ma de available on their national market, to 
withdraw the pyrotechnic article from  that market or to recall it. 
The market surveillance authorities sh all inform the Commission and the other 
Member States, without delay, of those measures. 
5. The information referred to in paragrap h 4 shall include all available details, in 
particular the data necessary for the identification of the non-compliant pyrotechnic 
article, the origin of the pyrotechnic articl e, the nature of the non-compliance alleged 
and the risk involved, the nature and durati on of the national measures taken and the 
arguments put forward by the relevant econom ic operator. In particular, the market 
surveillance authorities shall indicate whet her the non-compliance is due to either of 
the following: 
(a) failure of the pyrotechnic article to meet  requirements relating to the health or 
safety of persons or to other aspects of  public interest protection laid down in 
this Directive; 
(b) shortcomings in the harmonised standards referred to in Article 15 conferring a 
presumption of conformity. 
6. Member States other than the Member St ate initiating the proc edure shall without 
delay inform the Commission and the other Member States of any measures adopted 
and of any additional information at their disposal relating to the non-compliance of 
the pyrotechnic article concerned, and, in th e event of disagreement with the notified 
national measure, of their objections. 
7. Where, within 3 months of receipt of the information referred to in paragraph 4, no 
objection has been raised by either a Member  State or the Commission in respect of a 
provisional measure taken by a Member St ate, that measure shall be deemed 
justified. 
8. Member States shall ensure that appropriate  restrictive measures are taken in respect 
of the pyrotechnic article concerned without delay.  
EN 50   EN  
Ð 2007/23/EC (adapted) 
Ö new 
Article 16 39 ⌦ [Article R32 of Decision No 768/2008/EC] 
Union ⌫ Ssafeguard clause  ⌦ procedure ⌫ 
1. Where a Member State disagrees with th e provisional measures taken by another 
Member State pursuant to Article  14(6)⌦ Where on completion of the procedure set 
out in Article 38(3) and (4), objections are raised against measures taken by a 
Member State, ⌫ or where the Commission consid ers that such measures are 
contrary to Community ⌦ Union ⌫ legislation, the Commission shall consult,  
without delay,  ⌦ enter into consultation with the Member States and the relevant 
economic operator or operators and shall eval uate the national me asure. On the basis 
of the results of that evaluation, the Commission shall ⌫ Ö decide  ⌦ whether 
the national measure is justified or not ⌫ all parties concer ned, evaluate the 
measures and take a position  as to whether or not the measures are justified. The 
Commissio n shall notify its position  to the Member States and inform the interested 
parties . 
 
Ø new 
The Commission shall addre ss its decision to all Me mber States and shall 
immediately communicate it to them a nd the relevant economic operator or 
operators. 
 
Ð 2007/23/EC (adapted) 
Ö new 
2. If the Commission considers that the  national measures  are ⌦ is considered ⌫ 
justified, the other ⌦ all ⌫ Member States shall take the necessary measures to 
ensure that the unsafe ⌦ non-compliant ⌫ article is withdrawn from their national 
market and ⌦ shall ⌫ inform the Commission thereof  ⌦ accordingly ⌫. If the 
Commission considers that the  national measures  are  not  ⌦ is considered 
unjustified ⌫ justified , the Member State concerned shall withdraw them  ⌦ the 
measure ⌫ . 
23. Where the provisional ⌦ national ⌫ measures  referred to in paragraph  1⌦ is 
considered justified and the non-compliance of the pyrotechnic article is attributed 
to ⌫ are based on  a shortcoming in ⌦ the ⌫ harmonised standards ⌦ referred to 
in Article 15 of this Directive ⌫, the Commission shall Ö apply the procedure 
provided for in Article 8 of Regulat ion (EU) No [../..] [on European 
Standardisation]  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 sh all initiate the procedure referred to in 
Article  8.  
EN 51   EN 3. Where a pyrotechnic article does not  conform but bears a CE marking, the competent 
Member State shall take appropriate action ag ainst whomever affixed the marking and shall 
inform the Commission thereof. The Commissi on shall inform the other Member States.  
 
Ø new 
Article 40 [Article R33 of Decision No 768/2008/EC] 
Compliant pyrotechnic articles which present a risk to health and safety 
1. Where, having performed an evaluation unde r Article 38(1), a Member State finds 
that although a pyrotechnic arti cle is in compliance with th is Directive, it presents a 
risk to the health or safety of persons or to other aspects of public interest protection, 
it shall require the relevant economic operato r to take all appropriate measures to 
ensure that the pyrotechnic article concerned, when plac ed on the market, no longer 
presents that risk, to withdraw the pyrotech nic article from the ma rket or to recall it 
within a reasonable period, commensurate wi th the nature of the risk, as it may 
prescribe. 
2. The economic operator shall ensu re that corrective action is taken in respect of all the 
pyrotechnic articles concerne d that he has made availa ble on the market throughout 
the Union. 
3. The Member State shall immediately inform  the Commission and the other Member 
States. That information shall include all av ailable details, in particular the data 
necessary for the identification of the pyr otechnic article concerned, the origin and 
the supply chain of the pyrotech nic article, the nature of the risk involved and the 
nature and duration of th e national measures taken. 
4. The Commission shall without delay enter in to consultation with the Member States 
and the relevant economic operator or ope rators and shall evaluate the national 
measures taken. On the basis of the result s of that evaluation, the Commission shall 
decide whether the measure is justif ied or not, and wher e necessary, propose 
appropriate measures. 
5. The Commission shall addre ss its decision to all Me mber States and shall 
immediately communicate it to them a nd the relevant economic operator or 
operators. 
Article 41 [Article R34 of Decision No 768/2008/EC] 
Formal non-compliance 
1. Without prejudice to Article 38, where a Me mber State makes one of the following 
findings, it shall require th e relevant economic operator to put an end to the non-
compliance concerned: 
(a) the CE marking has been affixed in viol ation of Article 30 of Regulation (EC) 
No 765/2008 or of Article 20 of this Directive;  
EN 52   EN (b) the CE marking has not been affixed; 
(c) the EU declaration of conformity has not been drawn up; 
(d) the EU declaration of conformity  has not been drawn up correctly; 
(e) technical documentation is either  not available or not complete. 
2. Where the non-compliance referred to in paragraph 1 persists, the Member State 
concerned shall take all appr opriate measures to restrict  or prohibit the pyrotechnic 
article being made available on the market or  ensure that it is recalled or withdrawn 
from the market. 
 
Ð 2007/23/EC 
Article  17 
Measures entailing refusal or restriction  
1. Any measure taken pursuant to this Di rective,  
 (a) to prohibit or restrict the pl acing on the market of a product; or  
 (b) to withdraw a product from the market,  
shall state the exact grounds on which it is ba sed. Such measures shal l 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 sha ll have an 
opportunity to put forward his views in advan ce, unless such consultation is not possible 
because of the urgency of the meas ure to be taken, as justified in  particular by public health or 
safety requirements.   
EN 53   EN  
Ð 2007/23/EC (adapted) 
Ö new 
Chapter 6  
⌦ Delegated and implementing powers ⌫ 
Article 18 42 
Implementing measures  ⌦ Delegated power ⌫ 
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 procedur e with scrutiny referred to in Article  19(2)  Ö The 
Commission shall be empowered to adopt dele gated acts in accordance with Article 46 
concerning : 
(a) ⌦ identification of pyrotechnic articles referr ed to in Article 3(1) on the basis of ⌫ 
adaptations necessary to take acco unt of any future amendments to  United Nations 
recommendations ⌦ on the transport of dangerous goods ⌫; 
 
Ð 2007/23/EC 
(b) adaptations to technical progress of Annexes  II and III ; 
(c) adaptations of the labelling re quirements set out in Articles 12 9 and 13 10. 
 
Ø new 
Article 43 
Exercise of the delegation 
1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article. 
2. The delegation of power referred to in  Article 42 shall be conferred for an 
indeterminate period of time from […] [ insert a date - the date of entry into force of 
this Directive ]. 
3. The delegation of powers referred to in Article 42 may be revoked at any time by the 
European Parliament or by the Council. A d ecision of revocation sh all put an end to 
the delegation of the power specified in th at decision. It shall take effect the day 
following the publication of  the decision in the Official Journal of the European 
Union  or at a later date specified therein. It  shall not affect the validity of any 
delegated acts alr eady in force.   
EN 54   EN 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  
5. A delegated act adopted pursu ant to Article 42 shall en ter into force only if no 
objection has been expressed either by the European Pa rliament or the Council 
within a period of 2 months of notification of  that act to the European Parliament and 
the Council or if, before the expiry of that  period, the European Parliament and the 
Council have both informed the Commission th at they will not object. That period 
shall be extended by 2 months at the initia tive of the European Parliament or the 
Council. 
Article 44 
Implementing powers 
The Commission shall adopt implementing ac ts in order to set up the following: 
 
Ð 2007/23/EC 
2. The following measures shall be adopted in  accordance with the regulatory procedure 
referred to in Article  19(3)  
 
Ð 2007/23/EC (adapted) 
(a) the setting up of a traceability system, including a registration number and a register 
at EU  ⌦ Union ⌫ level in order to identify type s 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. 
 
Ø new 
Those implementing acts shall be adopted in accordance with the examination procedure 
referred to in Article 45(2). 
 
Ð 2007/23/EC (adapted) 
Article 19 45 
Committee  ⌦ procedure ⌫ 
1. The Commission shall be assisted by ⌦ the ⌫ a cCommittee ⌦ on Pyrotechnic 
Articles. That committee shall be a comm ittee within the meaning of Regulation 
(EU) No 182/2011 ⌫.  
EN 55   EN  
Ð 2007/23/EC 
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.  
 
Ð 2007/23/EC 
Ö new 
32. Where reference is made to this paragraph, Articles  5 and 7  of Decision 
1999/468/EC  Ö Regulation (EU) No 182/2011  shall apply, having regard to the 
provisions of Article  8 thereof . 
 
Ð 2007/23/EC 
Ö new 
The period l aid down in Article  5(6) of Decision 1999/468/EC sha ll be set at three months.  
 
Ð 2007/23/EC (adapted) 
⌦ Chapter 7 
Transitional and final provisions ⌫ 
Article 20 46 
Penalties 
Member States shall lay down rules on penalties applicable to infringements of the provisions 
of national law adopted pursuant to this Directive and ⌦ shall take all the measures 
necessary to ⌫ ensure that they are implemented ⌦ enforced ⌫. 
 
Ð 2007/23/EC 
The penalties provided for shall be eff ective, proportionate and dissuasive. 
Member States shall  also adopt the necessary measures a llowing them to detain consignments 
of pyrotechnic articles that fail to comply with this Direct ive.  
EN 56   EN  
Ø new 
Member States shall notify those provisions to the European Commission by 3 July 2013 at 
the latest and shall notify it without delay of  any subsequent amendment affecting them. 
 
Ø new 
Article 47 
Transitional provisions 
1. Member States shall not impede the maki ng available on the market of pyrotechnic 
articles which are in conformity with Directive 2007/23/EC and which were placed 
on the market before 4 July 2013. 
2. National authorisations for fireworks of cat egories 1, 2 and 3 granted before 4 July 
2010 shall continue to be valid on the terr itory of the Member State having granted 
the authorisation until their expiry date or until 4 July 2017, whichever is earlier. 
3. National authorisations for other pyrotechnic articles, for fireworks of category 4 and 
for theatrical pyrotechnic articles granted before 4 July 2013 shall continue to be 
valid on the territory of the Member State having granted the aut horisation until their 
expiry date or until 4 July  2017, whichever is earlier. 
4. By way of derogation from paragraph 3, national authorisations for pyrotechnic 
articles for vehicles granted before 4 July  2013 shall continue to be valid until their 
expiry. 
5. Certificates of conformity  issued under Directive 2007/ 23/EC shall be valid under 
this Directive until 4 July 2020 unles s they expire before that date. 
 
Ð 2007/23/EC (adapted) 
Article 21 48 
Transposition 
1. Member States shall adopt and publish by 4 January 2010  ⌦ 3 July 2013, at the 
latest ⌫, the laws, regulations and administra tive provisions necessary to comply 
with this Directive  ⌦ Articles 3(8), 3(12), 3(13), 3(15) to (22), 4(1), 5, 8(2) to (7), 
11 to 15, 17 to 28, 30 to 34, 36, 37(1), 38 to 41, 46, 47 and Annexes I and II ⌫. 
They shall forthwith communicate to the Commission the text of those provisions 
⌦ and a correlation table between t hose provisions and this Directive ⌫. 
2. They shall apply those provisions by 4 July 2010  ⌦ and the measures necessary to 
comply with the provisions of this Di rective on other pyrotechnic articles, on 
fireworks of category 4 and on theatrical  pyrotechnic articles from 4 July 2013 ⌫  
EN 57   EN 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. ⌦ They shall also include a statement that references in existing laws, 
regulations and administrative provisions to the directive repealed by this Directive 
shall be construed as references to this Directive. ⌫ Member States shall determine 
how such reference is to be made ⌦ and how that statement is formulated ⌫. 
4. Member States shall communicate to the Co mmission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
 
Ð 2007/23/EC 
5. National authorisations gran ted before the relevant date indicated in paragraph  2 shall 
continue to be valid on the territory of th e Member State having granted the authorisatio n 
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 indic ated in paragraph  2 shall continue to be valid 
until their expiry.  
 
Ð  
Article 49 
Repeal 
Directive 2007/23/EC is repeal ed with effect from 4 July  2013, without prejudice to the 
obligations of the Member States relating to th e time-limits for transposition into national law 
and application of the Dir ective set out in Annex III. 
References to the repealed Directive shall be construed as references to this Directive and 
shall be read in accordance with the correlation table in Annex IV. 
 
Ð 2007/23/EC (adapted) 
Article 22 50 
Entry into force 
This Directive shall enter into force on the 20th  ⌦ twentieth ⌫ day following its publication 
in the Official Journal of the European Union.  
EN 58   EN  
Ð  
Articles 1, 2, 3(1) to (7), 3( 9) to (11), 3(14), 4(2) to (4 ), 6, 7, 8(1), 9, 10, 16, 29, 35, 37(2), 42 
to 50 and Annexes III and IV shall apply from 4 July 2013. 
 
Ð 2007/23/EC 
Article 23 51 
Addressees 
This Directive is addressed to the Member States. 
Done at […], 
For the European Parliament For the Council 
The President The President  
EN 59   EN  
Ð 2007/23/EC 
Ö new 
ANNEX I  
ESSENTIAL SAFETY REQUIREMENTS  
(1)1. Each pyrotechnic article must attain the performance characteri stics specified by the 
manufacturer to the notified body in order to  ensure maximum safety and reliability. 
(2)2. Each pyrotechnic article must  be designed and manufactur ed in such a way that it 
can be disposed of safely by a suitabl e process with minimum effect on the 
environment. 
(3)3. Each pyrotechnic article must function corre ctly 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 — wh ere applicable — must be considered 
or tested: 
(a) Ddesign, construction and characteristic pr operties, including detailed chemical 
composition (mass and percentage of substances used) and dimensions; 
(b) Tthe physical and chemical stability of the pyrotechnic articl e in all normal, 
foreseeable environmental conditions; 
(c) Ssensitivity to normal, foreseea ble handling and transportation; 
(d) Ccompatibility of all com ponents as regards thei r chemical stability; 
(e) Rresistance of the pyrotechnic article to moisture where it is intended to be 
used in humid or wet conditions and wh ere its safety or reliability may be 
adversely affected by moisture; 
(f) Rresistance to low and high temperatures, where the pyrotechnic article is 
intended to be kept or used at such te mperatures 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) Ssafety features intended to prevent untimely or inadvertent initiation or 
ignition; 
(h) Ssuitable instructions and, where necessa ry, markings in respect of safe 
handling, storage, use (including safety di stances) and disposal in the official 
language or languages of the recipient Member State;  
EN 60   EN (i) Tthe ability of the pyrot echnic article, its wrappi ng or other components to 
withstand deterioration under normal, foreseeable storage conditions; 
(j) Sspecification 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 pyrotechni c articles should contain th e pyrotechnic composition. 
(4)4. Pyrotechnic articles must not contain Ö detonative explosives other than black 
powder and flash composition, except for ar ticles of categories P1, P2, T2 and 
fireworks of category 4 meeting the following conditions : 
(a) commercial blasting agents, except for black powder or flash composition  
Ö the detonative explosive cannot be easily extracted from the article ; 
(b) military explosives.  Ö for category P1, the article cannot function in a 
detonative manner, or cannot, in itsel f, initiate secondary explosives;  
 
Ø new 
(c) for categories 4, T2 and P2, the article is designed and intended not to function 
in a detonative manner, or, if designed to detonate, it cannot in itself initiate 
secondary explosives. 
 
Ð 2007/23/EC 
(5)5. The various groups of pyrotechnic articles  must at least also comply with the 
following requirements: 
A. F IREWORKS  
(1)1. The manufacturer must assign fireworks to different categories according to 
Article 3 6 characterised by net explosive conten t, safety distances, noise level, 
or similar. The category must be  clearly indicated on the label. 
(a) For category 1 fireworks, the fo llowing 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 measur ed by another appropriate method, 
at the safety distance, 
(iii) category 1 must not  comprise bangers, bang er batteries, flash 
bangers and flash banger batteries,  
EN 61   EN (iv) throwdowns in category 1 must not contain more than 2,5 mg silver 
fulminate. 
(b) For category 2 fireworks, the fo llowing 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 measur ed by another appropriate method, 
at the safety distance. 
(c) For category 3 fireworks, the fo llowing 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 measur ed by another appropriate method, 
at the safety distance. 
(2)2. Fireworks may only be constructed of ma terials which minimise risk to health, 
property and the environment from debris. 
(3)3. The method of ignition must be clear ly visible or must be indicated by 
labelling or instructions. 
(4)4. Fireworks must not move in an erratic and unforeseeable manner. 
(5)5. Fireworks of category 1, 2 and 3 must be protected against inadvertent ignition 
either by a protective cover, by the pack aging, or by the construction of the 
article. Fireworks of category 4 must be  protected against inadvertent ignition 
by methods specified by the manufacturer. 
B. O THER PYROTECHNIC ARTICLES  
(1)1. Pyrotechnic articles must be designed in such a way as to minimise risk to 
health, property and the e nvironment during normal use. 
(2)2. The method of ignition must be clear ly visible or must be indicated by 
labelling or instructions. 
(3)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)4. Where appropriate, the pyrotechnic articl e must function properly until the ‘use 
by’ date specified by the manufacturer.  
EN 62   EN C. I GNITION DEVICES  
(1)1. Ignition devices must be capable of bei ng reliably initiated and be of sufficient 
initiation capability under all norma l, foreseeable conditions of use. 
(2)2. Ignition devices must be protected agai nst electrostatic discharge under normal, 
foreseeable conditions of storage and use. 
(3)3. Electric igniters must be  protected against electrom agnetic fields under normal, 
foreseeable conditions of storage and use. 
(4)4. The covering of fuses must be of ade quate mechanical strength and adequately 
protect the explosive filling when expos ed to normal, foreseeable mechanical 
stress. 
(5)5. The parameters for the burning times of fuses must be provided with the 
article. 
(6)6. The electrical characteristics (e.g. no-fire current, resistance, etc.) of electric 
igniters must be provided with the article. 
(7)7. The wires of electric igniters must be  sufficiently insulated and must be of 
sufficient mechanical strength, including th e solidity of the link to the igniter, 
taking account of their intended use.  
EN 63   EN  
Ð 2007/23/EC (adapted) 
ANNEX II  
CONFORMITY ASSESSMENT PROCEDURES  
1. MODULE B: 
⌦ EU ⌫ EC Type-  examination 
1. This module describes that part of the procedure by which a notified body ascertains 
and attests that a sample, representative of the produc tion envisaged, meets the 
relevant provisions of Directive 2007/23/ EC (hereinafter referred to as this Di rective)  
⌦ 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 de sign of the pyrotechnic articl e meets the requirements of 
this Directive ⌫. 
 
Ø new 
2. EU type examination shall be carried out as an examination of a specimen, 
representative of the production envisage d, of the complete product (production 
type). 
 
Ð 2007/23/EC (adapted) 
23. The ⌦ manufacturer shall lodge an ⌫ application for ⌦ EU ⌫ EC  type-  
examination must be lodged by the manufacturer  with the ⌦ a single ⌫ notified 
body of his choice. 
 
Ð 2007/23/EC 
The application must include: 
(a) the name and address of the manufacturer, ; 
(b) a written declaration that the same a pplication has not been lodged with any 
other notified body, ;  
EN 64   EN  
Ð 2007/23/EC (adapted) 
Ö new 
(c) the technical documents  ⌦ documentation ⌫, as described in point 3 . 
⌦ The technical documentation shall make it possible to assess the 
pyrotechnic article's conformity with the applicable requirements of this 
Directive ⌫ Ö 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 rele vant for the assessment, the design, 
manufacture and operation of the pyr otechnic article. The technical 
documentation shall contain, wherever applicable, at least the following 
elements: ⌫ 
The applicant must place at the disposal of the notifi ed body a sample representative 
of the production envisaged, hereinafter cal led ‘type’. The notified body may request 
further samples if needed for carrying out the test programme.  
3. The technical documents must enable the conformity of the article with t he requirements of 
this Directive to be assessed. They must, as far as is relevant for such assessment, cover the 
design, manufacture and operation of the arti cle and contain wher e relevant for the 
assessment:  
(ai) a general type -description ⌦ of the pyrotechnic article ⌫,; 
(bii) conceptual design and manufacturing drawings and 
diagrams⌦ schemes ⌫ of ⌦ e.g. ⌫ components, sub-assemblies, 
circuits,  etc.,; 
(ciii) descriptions and explanations n ecessary for the understanding of the  
⌦ those ⌫ drawings and diagrams ⌦ schemes ⌫ and the operation of 
the ⌦ pyrotechnic ⌫ article, ; 
(div) a list of the harmonised st andards referred to in Artic le 8 of this Directive  
⌦ and/or other relevant technical sp ecifications the references of which 
have been published in the Official Journal of  the European Union  ⌫ , 
applied in full or in part, and descri ptions of the solutions adopted to 
meet the essential safety requireme nts of this Directive where the  
⌦ those ⌫ harmonised standards referred  to in Article 8 of this 
Directive  have not been applied, . ⌦ In the case of partly applied 
harmonised standards, the technical do cumentation shall specify the parts 
which have been applied; ⌫ 
 
Ð 2007/23/EC 
(ev) results of design calculations ma de, examinations carried out, etc., ; 
(fvi) test reports. ;  
EN 65   EN  
Ø new 
(d) the specimens representative of the pr oduction 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 doc uments that have been used, in 
particular where the relevant harm onised standards and/or technical 
specifications have not been applied in full. The supporting evidence shall 
include, where necessary, the results of tests carried out by the appropriate 
laboratory of the manufactur er, or by another testing laboratory on his behalf 
and under his responsibility. 
 
Ð 2007/23/EC (adapted) 
Ö new 
4. The notified body must ⌦ shall ⌫: 
⌦ For the pyrotechnic article: ⌫ 
4.1 (a) e Examine the technical documents , ⌦ documentation ⌫ Ö and supporting 
evidence to assess the adequacy of the t echnical design of the pyrotechnic article . 
⌦ For the specimen(s): ⌫ 
4.2 v Verify that the type has ⌦ specimen(s) have ⌫ been manufactured in conformity 
with those  ⌦ the technical documentation ⌫ documents  , and identify the elements 
which have been designed in accordance with the ⌦ applicable provisions of the ⌫ 
relevant provisions of the  harmonised standards referred  to in Article 8 of this 
Directive  ⌦ and/or technical specifications, ⌫ as well as the 
components ⌦ elements ⌫ which have been designed without applying the relevant 
provisions of those harmonised  standards, ; 
4.3 (b)  perform o r have performed the ⌦ Carry out ⌫ appropriate examinations and 
necessary  tests ⌦ , or have them carried out, ⌫ to check whether, where the 
harmonised standards referred to in Article 8 of this Directi ve have not been applied, 
the solutions adopted by the manufacturer meet  the essential safety requirements of 
this Directive, (c) perform or have performed the appropriate examinations and 
necessary tests to check whether,  where the manufacturer has chosen to apply the 
⌦ solutions in the ⌫ relevant harmonised standards ⌦ and/or technical 
specifications ⌫, these have been applied ⌦ correctly ⌫,;  
 
Ø new 
4.4 Carry out appropriate examinations and test s, or have them carried out, to check 
whether, where the solutions in the releva nt harmonised standards and/or technical  
EN 66   EN specifications have not been applied, the solutions adopted by the manufacturer meet 
the corresponding essential safety requirements of this Directive; 
 
Ð 2007/23/EC (adapted) 
Ö new 
4.5 (d)  aAgree with the applicant ⌦ manufacturer on a ⌫ the location where the 
examinations and necessary  tests are  to⌦ will ⌫ be carried out. 
 
Ø new 
5. The notified body shall draw up an evalua tion report that reco rds the activities 
undertaken in accordance with point 4 and their outcomes. Without prejudice to its 
obligations vis-à vis the notifying authorities, the no tified body shall release the 
content of that report, in fu ll or in part, only with the agreement of the manufacturer. 
 
Ð 2007/23/EC (adapted) 
Ö new 
5.6. Where the type meets the releva nt provisions ⌦ requirements ⌫ of this Directive  
⌦ the specific legislative instrument that apply to the pyrotechnic article 
concerned ⌫, the notified body must ⌦ shall ⌫ issue an ⌦ EU ⌫ EC type-  
examination certificate to the applicant ⌦ manufacturer ⌫. The certificate must  
⌦ shall ⌫ contain the name and address of the manufacturer, the results  
⌦ conclusions ⌫ of the examination ⌦ , the conditions (if a ny) for its validity ⌫ 
and the data  necessary ⌦ data ⌫ for the  identification of the approved type. Ö The 
certificate may have one or  more annexes attached.  
 
Ð 2007/23/EC 
Ö new 
A list of the relevant parts of the tec hnical documents must be annexed to the 
certificate and a copy thereo f kept by the notified bo dy. 
Where the manufacturer is refused a type certificat e, Ö The certificate and its 
annexes shall contain all relevant information to allow the conformity of 
manufactured products with the examined t ype to be evaluated and to allow for in-
service control.   
EN 67   EN  
Ð 2007/23/EC (adapted) 
Ö new 
Ö Where the type does not satisfy the appl icable requirements of this Directive,  
the notified body must provide  Ö shall refuse to issue an EU type examination 
certificate and shall inform the applicant accordingly, giving  detailed reasons for 
such ⌦ its ⌫ refusal. 
 
Ð 2007/23/EC 
Provision must be made for an appeals proce dure.  
 
Ø new 
7. The notified body shall keep  itself informed of any changes in the generally 
acknowledged state of the art which indica te that the approved type may no longer 
comply with the applicable requirements of this Directive, and shall determine 
whether such changes require further in vestigation. If so, the notified body shall 
inform the manufacturer accordingly. 
 
Ð 2007/23/EC (adapted) 
6. The applicant must ⌦ manufacturer shall ⌫ inform the notified body that holds 
the technical documents concerning the EC type - ⌦ documentation relating to the 
EU type ⌫ examination certificate of all modifications to the approved article which 
must receive additi onal approval where su ch changes ⌦ type that ⌫ may affect the 
conformity ⌦ of the pyrotechnic article ⌫ with the essential ⌦ safety ⌫ 
requirements ⌦ of this Directive ⌫ or the prescribed  conditions for use  
⌦ validity ⌫ of the article. This  ⌦ certificate. Such modifications shall 
require ⌫ additional approval must be given  in the form of an addition to the 
original ⌦ EU ⌫ EC type-  examination certificate. 
7.8. Each notified body must communicate to the other notified bodies the relevant 
information  ⌦ shall inform its notifying authorities ⌫ concerning EC  ⌦ the 
EU ⌫ type-  examination certificates and addi tions issued or withdrawn. 8. The 
other notified bodies may rece ive copies of the EC type - examination certificates 
and/or any additions thereto. The a nnexes to the certificates must be  kept at the 
disposal of the other notified bodies. 9. The manufacturer must keep with the 
technical documents copies of EC type -examination certificat es and any additions 
thereto for a period of at least 10 years af ter the last date of  manufacture of the article 
concerned. Where the manufacturer is not  established within the Community, the 
obligation to keep th e technical documents  ⌦ which it has issued or withdrawn, and 
shall, periodically or u pon request, make available ⌫ is the responsibility of the 
person who places the product on the market  ⌦ to its notifying authorities the list of  
EN 68   EN certificates and/or any additions ther eto refused, suspended or otherwise 
restricted ⌫. 
 
Ø new 
Each notified body shall inform the other notified bodies concerning the EU type 
examination certificates and/or any addi tions thereto which it has refused, 
withdrawn, suspended or otherwise rest ricted, and, upon request, concerning the 
certificates and/or additions thereto which it has issued. 
The Commission, the Member States and th e other notified bodies may, on request, 
obtain a copy of the EU type examination certificates and/or a dditions thereto. On 
request, the Commission and the Member St ates may obtain a copy of the technical 
documentation and the results of the exam inations carried ou t 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 the certificate. 
9. The manufacturer shall keep a copy of th e EU type examination certificate, its 
annexes and additions together with the t echnical documentation at the disposal of 
the national authorities for 10 years after th e pyrotechnic article has been placed on 
the market. 
 
Ð 2007/23/EC (adapted) 
2. MODULE C2: 
Conformity to type ⌦ based on internal production control plus supervised product 
checks at random intervals ⌫ 
1. This module describes that part of the ⌦ Conformity to type based on internal 
production control plus supervised product chec ks 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 ⌫ that the pyrotechnic articles c oncerned are in conformity with the type as 
described in the EC type - examination certificate and satisfy the requirements of this 
Directive that apply to them. The manufact urer must affix the CE marking to each 
pyrotechnic article and draw up a wr itten declaration of conformity.  
 
Ð 2007/23/EC 
2. The manufacturer must take all measures necessary to ensure that the manufacturing 
process ensures the conformity of the manufactur ed product with the type as described in the 
EC type -examination certificate and with the essential s afety requirements of this Directive.   
EN 69   EN 3. The manufacturer must keep a copy of the decl aration of conformity for a period of at least 
10 years after the last date of ma nufacture of the article concerned.  
Where the manufacturer is not established within the Community, the obligation to 
keep the technical documents available is the  responsibility of the person who places 
the product on the market.  
4. A notified body chosen by the manufacturer must perform or cause to be performed 
examinations of the article at  random intervals. A suitable sa mple of the finished articles, 
taken on the spot by the notified body, must be examined and appropriate tests, defined in the 
applicable harmonised standard refe rred to in Article 8 of this Directive or equivalent, carried 
out to check the conformity of the article with the requirements of this Directive. In the event 
of one or more samples of the articles examin ed not conforming, the notified body must take 
appropriate measures.  
Under the responsibility of the notified body the manufacturer must affix the identification 
number of that body during the manufacturing process.  
3. MODULE D: PRODUCTION QUALITY ASSURANCE  
 
Ð 2007/23/EC (adapted) 
1. This module describes the procedur e whereby a manufacturer who satisfies  the obligations 
set out in point 2 ensures and declares  that the pyrotechnic articles concerned are in 
conformity with the type as described in the ⌦ EU ⌫ EC type-  examination certificate and 
satisfy the requirements of this Directive. Th e manufacturer must a ffix the CE marking to 
each article and draw up a writt en declaration of conformit y. The CE marking must be 
accompanied by the identification number of the notified body responsible for the monitoring 
referred to in point 4.  
2. ⌦ Manufacturing ⌫ 
⌦ The manufacturer shall take all measur es necessary so that the manufacturing 
process and its monitoring ensure conformity  of the manufactured  products with the 
type described in the EU type examinati on certificate and with the requirements of 
this Directive that apply to them. ⌫ 
 
Ø new 
3. Product checks 
A notified body, chosen by the manufacturer, shall carry out produc t checks or have 
them carried out at random intervals dete rmined by the body, in order to verify the 
quality of the internal checks on the pyrot echnic article, taking into account, inter 
alia, the technological comple xity of the pyrotechnic articles and the quantity of 
production. An adequate sample of the fina l products, taken on si te by the notified 
body before the placing on the market, shall be examined and appropriate tests as 
identified by the relevant parts of th e harmonised standard s and/or technical  
EN 70   EN specifications, or equivalent tests, shall be carried out to check the conformity of the 
pyrotechnic article with the t ype described in the EU type examination certificate and 
with the relevant requi rements of this Directive. Wher e a sample does not conform to 
the acceptable quality level, the bod y shall take appropriate measures. 
The acceptance sampling procedure to be applied is intended to determine whether 
the manufacturing process of the pyrotech nic article performs within acceptable 
limits, with a view to ensuring conf ormity of the pyrotechnic article. 
Where the tests are carried out by notifie d body, the manufacturer shall, under the 
responsibility of the notified body, affix the notified body's identification number 
during the manufacturing process. 
4. Conformity marking and declaration of conformity 
4.1 The manufacturer shall affix the require d conformity marking set out in this 
Directive to each individual product 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 writt en declaration of conformity for the 
pyrotechnic article and keep it at the dispos al of the national authorities for 10 years 
after the pyrotechnic article has been pl aced on the market. The declaration of 
conformity shall identify the pyrotechnic article for which it has been drawn up. 
A copy of the declaration of conformity sh all 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 procedur e whereby the manufacturer fulfils the 
obligations laid down in points 2 and 5, and ensures and declares on his sole 
responsibility that the pyrotech nic articles concerned are in conformity with the type 
described in the EU type examination certificate and satisfy the requirements of this 
Directive. 
 
Ð 2007/23/EC (adapted) 
2. ⌦ Manufacturing ⌫ 
The manufacturer must  ⌦ shall ⌫ operate an approved  quality system for 
production, final product inspection and testing ⌦ of the pyrotechnic articles 
concerned ⌫ as specified in point 3. He must  ⌦ and shall ⌫ be subject to the 
monitoring referred to  ⌦ surveillance as specified ⌫ in point 4. 
3. Quality system  
EN 71   EN 3.1 The manufacturer must ⌦ shall ⌫ lodge an application for assessment of his quality 
system with the notified body of his choice in relation to ⌦ for ⌫ the pyrotechnic 
articles concerned. 
The application must ⌦ shall ⌫ include: 
 
Ø new 
(a) the name and address of the manufacturer; 
(b) a written declaration that the same a pplication has not been lodged with any 
other notified body; 
 
Ð 2007/23/EC (adapted) 
(c)(a) all relevant information for the pyr otechnic article category envisaged, ; 
(d)(b)  the documents  ⌦ documentation ⌫ concerning the quality system, ; 
(e)(c)  the technical documents pertaining to  ⌦ documentation of ⌫ the approved 
type and a copy of the EC  ⌦ EU ⌫ type-  examination certificate. 
3.2 The quality system must ⌦ shall ⌫ ensure ⌦ that ⌫ the conformity of  
pyrotechnic articles ⌦ are in conformity ⌫ with the type as  described in the EC  
⌦ EU ⌫ type-  examination certificate and ⌦ comply ⌫ with the requirements of 
this Directive that apply to them. 
All the elements, requirements and provisi ons adopted by the manufacturer must  
⌦ shall ⌫ be documented in a systematic a nd orderly manner in the form of 
written policies, procedures and instructions. The quality system documents must  
⌦ documentation shall ⌫ permit a consistent interpretation of the quality 
programmes, plans, manuals and quality  records. 
They must contain ⌦ It shall, ⌫ in particular ⌦ , contain ⌫ an adequate 
description of: 
(a) the quality objectives  and the organisational stru cture, responsibilities and 
powers of the management  with regard to the ⌦ product ⌫ quality of the 
pyrotechnic articles ,; 
(b) the ⌦ corresponding ⌫ manufacturing, quality c ontrol and quality assurance 
techniques, processes and systematic actions that will be used, ; 
 
Ð 2007/23/EC 
(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, ;  
EN 72   EN  
Ð 2007/23/EC (adapted) 
Ö new 
(d) the quality records, such as inspection reports and test data, calibration data, 
and qualification reports of  ⌦ on ⌫ the personnel concerned, ; 
(e) the means of monitoring the achievement of the required ⌦ product ⌫ 
quality of the pyr otechnic articles  and the effective ope ration of the quality 
system. 
3.3 The notified body must ⌦ shall ⌫ assess the quality system to determine whether it 
satisfies the requirements referred to in point 3.2. 
It must⌦ shall ⌫ presume conformity with thos e requirements in respect of ⌦ the 
elements of the ⌫ quality systems  that im plement  ⌦ comply with the 
corresponding specifications of the na tional standard that implements ⌫ the relevant 
harmonised standard ⌦ and/or technical specifications ⌫. 
⌦ In addition to experience in quality management systems, ⌫ Tthe auditing team 
must⌦ shall ⌫ have at least one member with experience of assessing  
⌦ evaluation in ⌫ the relevant ⌦ field and ⌫ product technology ⌦ concerned, 
and knowledge of the a pplicable requirements of the legislative instrument. The audit 
shall ⌫. The assessment procedure must  include an inspection ⌦ assessment ⌫ 
visit to the manufacturer's premises. Ö 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 the legislative instrument and to carry out the 
necessary examinations with a view to en suring compliance of the pyrotechnic article 
with those requirements.  
A duly substantiated assessment ⌦ The ⌫ decision must ⌦ shall ⌫ be notified to 
the manufacturer. It must ⌦ The notification shall ⌫ contain the 
results⌦ conclusions ⌫ of the examination ⌦ audit and the reasoned assessment 
decision ⌫. 
3.4 The manufacturer must ⌦ shall ⌫ undertake to fulfil the ob ligations arising out of 
the quality system as approved and ⌦ to ⌫ maintain it ⌦ so that it remains ⌫at 
an adequate and efficient level . 
3.5 The manufacturer must ⌦ shall  ⌫ keep the notified body that has approved the 
quality system informed of any proposed ⌦ intended ⌫ change to the quality 
system. 
The notified body must assess the ⌦ shall evaluate any proposed ⌫ changes 
proposed and decide whether the altered  ⌦ modified ⌫ quality system will 
still⌦ continue to ⌫ satisfy the requirements referre d to in point 3.2 or whether 
⌦ a ⌫ reassessment is required  ⌦ necessary ⌫.  
EN 73   EN  
Ø new 
It shall notify the manufactur er of its decision. The no tification shall contain the 
conclusions of the examination a nd the reasoned assessment decision. 
 
Ð 2007/23/EC 
A duly substantiated assessment decision must be notified to the ma nufacturer. It must 
contain the results of the examination.  
 
Ð 2007/23/EC (adapted) 
4. Monitoring ⌦ Surveillance ⌫ under the responsibility  of the notified body 
4.1 The purpose of monitoring ⌦ surveillance ⌫ is to make sure that the manufacturer 
duly fulfils the obligations arising out of the approved quality system. 
4.2 The manufacturer must ⌦ shall, for assessment purposes, ⌫ allow the notified body 
access for inspection purposes  to the manufacturing  ⌦ manufacture ⌫ , inspection, 
testing and storage premises ⌦ sites ⌫ and ⌦ shall ⌫ provide it with all 
necessary information, in particular: 
(a) the quality system documents  ⌦ documentation ⌫ ,; 
(b) the quality records, such as inspection reports and test data, calibration data, 
and qualification reports of  ⌦ on ⌫ the personnel concerned. 
4.3 The notified body must periodically ⌦ shall ⌫ carry out ⌦ periodic ⌫ audits to 
make sure that the manufacturer mainta ins and applies the quality system and 
⌦ shall ⌫ provide ⌦ the manufacturer with ⌫ an audit report to the 
manufactur er. 
4.4 Additionally ⌦ In addition, ⌫ the notified body may pay unannounced  
⌦ unexpected ⌫ visits to the manufacturer. Du ring 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 correct ly. The notified body 
must  ⌦ shall ⌫ provide the manufacturer with a vi sit report and, if a test has taken 
place  ⌦ tests have been carried out ⌫, with a test report. 
 
Ð 2007/23/EC 
Ö new 
5. The manufacturer must, for a period of at  least 10 years after the last date of 
manuf acture of the article, keep at the di sposal of the national authorities:  
Ö Conformity marking and declaration of conformity   
EN 74   EN  
Ø new 
5.1 The manufacturer shall affix the requi red conformity marking set out in the 
legislative instrument, and, unde r the responsibility  of the notified body  referred to in 
point 3.1, the latter's identific ation number to each individual product that is in 
conformity with the type described in the EU type examination certificate and 
satisfies the applicable requirements of this Directive. 
 
Ð 2007/23/EC 
 (a) the documents referred to in point 3.1.(b),  
 (b) documents relating to the updating refe rred to in second subparagraph of point 3.4,  
 (c) the decisions and reports of the notified body referred to in  the fourth subparagraph 
of point 3.4, and in points 4.3 and 4.4.  
6. Each notified body must give the other notifie d bodies the relevant information concerning 
quality system approvals issued or withdrawn.  
4. MODULE E: PRODUCT Q UALITY ASSURANCE  
1. This module describes the procedure whereb y a manufacturer who sati sfies the obligations 
set out in point 2 ensures and declares that the pyrotechnic articles are in conformity with the 
type as described in the EC type -examination certi ficate.  
 
Ð 2007/23/EC (adapted) 
5.2 The manufacturer must affix the CE marking to each article and  ⌦ shall ⌫ draw up 
a written declaration of conformity. The CE marking must be accompanied by the 
identification num ber of the notified body responsible  for the monitoring referred to 
in point 4 ⌦ each product model and keep it at the disposal of the national 
authorities for 10 years afte r the pyrotechnic article has been placed on the market. 
The declaration of conformity shall iden tify the pyrotechnic article for which it has 
been drawn up ⌫. 
 
Ø new 
A copy of the declaration of conformity sh all be made available to the relevant 
authorities upon request.  
EN 75   EN  
Ø new 
6. The manufacturer shall, fo r a period ending at least 10 years after the pyrotechnic 
article has been placed on the market, keep at the disposal of th e national authorities: 
(a) the documentation referred to in point 3.1; 
(b) the change referred to in  point 3.5, as approved; 
(c) the decisions and reports of the notif ied 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, periodical ly 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 not ified bodies of quality  system approvals 
which it has refused, suspended, withdraw n 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 manufactur er 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 confor mity with the type described in the EU 
type examination certificate and satisf y the requirements of  this Directive. 
 
Ð 2007/23/EC (adapted) 
2. ⌦ Manufacturing ⌫ 
The manufacturer must  ⌦ shall ⌫ operate an approved quality system for final 
pyrotechnic article ⌦ product ⌫ inspection and testing ⌦ of the pyrotechnic 
articles concerned ⌫ as specified in point 3. He must ⌦ and shall ⌫ be subject to 
the monitoring referred to ⌦ surveillance as specified ⌫ in point 4. 
3. Quality system 3.1 The manufacturer must
⌦ shall ⌫ lodge an application ⌦ for assessment of his 
quality system ⌫ with the notified body of his c hoice for the assessment of the 
quality system in relation to his  pyrotechnic articles ⌦ concerned ⌫. 
The application must ⌦ shall ⌫ include ⌦ the following information ⌫:  
EN 76   EN  
Ø new 
(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; 
 
Ð 2007/23/EC (adapted) 
(c) (a) all relevant information for the pyrotech nic ⌦ product ⌫ category 
envisaged, ; 
(d) (b)⌦ the documentation concerning ⌫ the quality system documents ,; 
(e) (c) the technical docume nts pertaining to  ⌦ documentation of ⌫ the approved 
type and a copy of the EC  ⌦ EU ⌫ type-  examination certificate. 
 
Ð 2007/23/EC 
Ö new 
3.2 Under the quality system, each pyrotechnic ar ticle must be examined and appropriate 
tests, as def ined in the relevant harmonised standard(s) referred to in Article 8 of this 
Directive or equivalent, carried out in orde r to verify the conformity of the article 
with the relevant requirements of this Directive.  Ö The quality system shall ensure 
compliance of the pyrotechnic articles with  the type described in the EU type 
examination certificate and with the applic able requirements of this Directive.  
 
Ð 2007/23/EC (adapted) 
All the elements, requirements and provisi ons adopted by the manufacturer must  
⌦ shall ⌫ be documented in a systematic a nd orderly manner in the form of 
written policies, procedures and instructions. The quality system documents must  
⌦ documentation shall ⌫ permit a consistent interpretation of the quality 
programmes, plans, manuals and quality  records. 
They must ⌦ It shall, ⌫ in particular,  contain an adequate description of: 
 
Ð 2007/23/EC 
(a) the quality objectives a nd the organisational struct ure, responsibilities and 
powers of the management with  regard to product quality, ;  
EN 77   EN  
Ð 2007/23/EC (adapted) 
(b) the examination  ⌦ examinations ⌫ and tests that will be carried out after 
manufacture, ; 
(c) (d)  quality records, such as inspection reports and test data, calibration data, 
and qualification reports of  ⌦ on ⌫ the personnel concerned. ; 
 
Ð 2007/23/EC 
(d) (c)  the means of monitoring the effectiv e operation of the quality system, . 
 
Ð 2007/23/EC (adapted) 
Ö new 
3.3 The notified body must ⌦ shall ⌫ assess the quality system to determine whether it 
satisfies the requirements referred to in point 3.2. 
It must⌦ shall ⌫ presume conformity with the  ⌦ those ⌫ requirements in 
respect of ⌦ the elements of the ⌫ quality systems  that implement  ⌦ comply with 
the corresponding specif ications of the national standard that implements ⌫ the 
relevant harmonised standard ⌦ and/or technical specifications ⌫. 
⌦ In addition to experience in quality management systems, ⌫ Tthe auditing team 
must⌦ shall ⌫ have at least one member with experience of assessing  
⌦ evaluation in ⌫ the relevant ⌦ product field and ⌫ product technology 
⌦ concerned, and knowledge of the applicable  requirements of this Directive. The 
audit shall ⌫. The assessment procedure must  include an inspection  
⌦ assessment ⌫ visit to the manufacturer's premises. Ö The auditing team shall 
review the technical document ation referred to in point (e ) of point 3.1, in order to 
verify the manufacturer's ability to id entify the relevant requirements of the 
legislative instrument and to carry out th e necessary examinations with a view to 
ensuring compliance of the pyrotechnic article with those requirements.  
A duly substantiated assessment ⌦ The ⌫ decision must  ⌦ shall ⌫ be notified to 
the manufacturer. It must ⌦ The notification shall ⌫ contain the results  
⌦ conclusions ⌫ of the examination  ⌦ audit and the reasoned assessment 
decision ⌫. 
3.4 The manufacturer must ⌦ shall ⌫ undertake to fulfil the ob ligations arising out of 
the quality system as approved and ⌦ to ⌫ maintain it at an  ⌦ so that it 
remains ⌫ adequate and efficient level . 
3.5 The manufacturer must ⌦ shall ⌫ keep the notified body which  ⌦ that ⌫ has 
approved the quality system informed of any proposed  ⌦ intended ⌫ change to the 
quality system.  
EN 78   EN The notified body must assess the  ⌦ shall evaluate any proposed ⌫ changes 
proposed  and decide whether the altered  ⌦ modified ⌫ quality syst em will still  
⌦ continue to ⌫ satisfy the requirements referre d to in point 3.2 or whether a 
reassessment is required  ⌦ necessary ⌫ . 
A duly substantiated assessment ⌦ It shall notify the manufacturer of its ⌫ decision 
must be notified to the manufacturer . It must⌦ The notification shall ⌫ contain the 
results⌦ conclusions ⌫ of the examination ⌦ and the reasoned assessment 
decision ⌫. 
4. Monitoring ⌦ Surveillance ⌫ under the responsibility  of the notified body 
4.1 The purpose of monitoring ⌦ surveillance ⌫ is to make sure that the manufacturer 
duly fulfils the obligations arising out of the approved quality system. 
4.2 The manufacturer must ⌦ shall, for assessment purposes, ⌫ allow the notified body 
access for inspection purposes  to the manufacturing  ⌦ manufacture ⌫ , inspection, 
testing and storage premises ⌦ sites ⌫ and ⌦ shall ⌫ provide it with all 
necessary information, in particular: 
(a) the quality system documents  ⌦ documentation ⌫ ,; 
(b) the technical documents,  
(b) (c)  the quality records, such as inspecti on reports and test da ta, calibration data,  
and qualification reports of  ⌦ on ⌫ the personnel concerned. 
4.3 The notified body must ⌦ shall ⌫ periodically  carry out ⌦ periodic ⌫ audits to 
⌦ make sure ⌫ ensure  that the manufacturer maintains and applies the quality 
system and must  ⌦ shall ⌫ provide ⌦ the manufacturer with ⌫ an audit report 
to the manufacturer . 
4.4 Additionally  ⌦ In addition ⌫, the notified body may pay 
unannounced ⌦ 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 sy stem is functioning correctly. The 
notified body must ⌦ shall ⌫ provide the manufacturer w ith a visit report and, if a  
test has ⌦ tests have ⌫ been carried out, with a test report. 
 
Ð 2007/23/EC 
5. The manufacturer m ust for a period of at least 10 years after the last date of manufacture of 
the article keep at the dispos al of the national authorities:  
 (a) the documents referred to in point 3.1.(b),  
 (b) documents relating to the updati ng referred to in the second sub paragraph of point 
3.4,  
EN 79   EN  (c) the decisions and reports of the notified body referred to in th e fourth subparagraph 
of point 3.4, and in points 4.3 and 4.4.  
6. Each notified body must forward to the ot her notified bodies the relevant information 
concerning quality system approvals issued or withdrawn.  
5. MODULE G: UNI T VERIFICATION  
1. This module describes the procedure whereby the manufacturer ensure s and declares that 
the pyrotechnic article which has been issued with the certificate referred to in point 2  
conforms with the relevant requirements of this Directive.  
 
Ø new 
5. Conformity marking and declaration of conformity 
 
Ð 2007/23/EC (adapted) 
Ö new 
5.1 The manufacturer must ⌦ shall ⌫ affix the CE marking to the article and draw up a 
declaration of ⌦ required ⌫ conformity ⌦ marking ⌫ . 2. The notified body must 
examine the pyrotechnic article and carry out the appropriate tests as  set out in the 
relevant harmonised standard(s) referred to  in Article 8 of this Directive, or 
equivalent tests, to ensure ⌦ this Directive, and, under the responsibility of the 
notified body referred  to in point 3.1, ⌫ the conformit y of the article with the 
relevant requirements of this Directive. The notified body must affix, or cause to be 
affixed, its ⌦ latter’s ⌫ identification number to th e approved pyrotechnic article 
and draw up a ⌦ each individual produc t that is in confor mity with the type 
described in the EU type examination certificate ⌫ of conformity concerning the 
tests carried out.3. The aim of the technical documents is to  enable conformity with 
the requirements of t his Directive to be assessed  and the design, manufacture and 
operation of the pyrotechnic article to be understood  ⌦ satisfies the applicable 
requirements of this Directive ⌫. 
 
Ø new 
5.2 The manufacturer shall draw up a written declaration of conformity for each product 
model and keep it at the di sposal of the national authorities for 10 years after the 
pyrotechnic article has been placed on the market. The declaration of conformity 
shall identify the pyrotechnic articl e for which it has been drawn up. 
A copy of the declaration of conformity sh all be made available to the relevant 
authorities upon request. 
6. The manufacturer shall, fo r a period ending at least 10 years after the pyrotechnic 
article has been placed on the market, keep at the disposal of th e national authorities:  
EN 80   EN (a) the documentation referred to in point 3.1; 
(b) the change referred to in  point 3.5, as approved; 
(c) the decisions and reports of the notif ied 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, periodical ly 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 not ified 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 obligat ions laid down in points 2, 3 and 5, and 
ensures and declares on his sole responsibil ity that the pyrotechnic article concerned, 
which has been subject to the provisions of point 4, is in conformity with the 
requirements of this Directive. 
2. Technical documentation 
The manufacturer shall estab lish 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 arti cle'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 requ irements and cover, as far as relevant 
for the assessment, the design, manufacture and operation of the pyrotechnic article. 
The technical documentation shall, wherev er applicable, contain at least the 
following elements: 
 
Ð 2007/23/EC 
Wher e necessary for the assessment, the documents must contain:  
 
Ð 2007/23/EC (adapted) 
(a) a general description of the type ⌦ pyrotechnic article ⌫,; 
(b) conceptual design and manufacturing dr awings and schemes of components, 
sub-assemblies,  and circuits ⌦ , etc. ⌫,;  
EN 81   EN (c) the descriptions and explanations n ecessary for the understanding of the  
⌦ those ⌫ conceptual design and manufacturing  drawings, the  ⌦ and ⌫ 
schemes of components, sub -assemblies and circuits  and the operation of the 
pyrotechnic article, ; 
(d) a list of the harmonised standards referred to in Article 8 of this Directive  
⌦ and/or other relevant t echnical specifications the re ferences of which have 
been published in the Official Journal of the European Union  ⌫, applied in 
full or in part, and descriptions of the solutions adopted to meet the essential 
safety requirements of this Directive where the  ⌦ those ⌫ harmonised 
standards referred to in Article 8 of this Directive  have not been 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,  and examinations carried out ⌦ , etc. ⌫,; 
(f) test reports. 
 
Ø new 
The manufacturer shall keep the technica l documentation at th e disposal of the 
relevant national authorities for 10 years af ter the pyrotechnic article has been placed 
on the market. 
3. Manufacturing 
The manufacturer shall take all measures n ecessary so that the manufacturing process 
and its monitoring ensure conformity of the manufactured product with the 
applicable requirements of this Directive. 
4. Verification 
A notified body chosen by the manufacturer sh all carry out appropriate examinations 
and tests, set out in the relevant harmonise d standards and/or technical specifications, 
or equivalent tests, to ch eck 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 and/or t echnical specification the notified body 
concerned shall decide on the appr opriate tests to be carried out. 
The notified body shall issue a certificate of conform ity in respect of the 
examinations and tests carried out and shal l affix its identification number to the 
approved product, or have it a ffixed under its responsibility. 
The manufacturer shall keep th e certificates of conformity  at the disposal of the 
national authorities for 10 y ears after the pyrotechnic arti cle has been placed on the 
market. 
5. Conformity marking and declaration of conformity  
EN 82   EN 5.1 The manufacturer shall affix the requi red conformity marking set out in the 
legislative instrument and, under the respons ibility of the notifie d body referred to in 
point 4, the latter's identification number to  each product that satisfies the applicable 
requirements of this Directive. 
5.2 The manufacturer shall draw up a written declaration of conformity and keep it at the 
disposal of the national authorities for 10 y ears after the pyrotec hnic article has been 
placed on the market. The declaration of c onformity shall identify the pyrotechnic 
article for which it has been drawn up. 
A copy of the declaration of conformity sh all be made available to the relevant 
authorities upon request. 
 
Ð 2007/23/EC (adapted) 
Ö new 
6. MODULE H: 
⌦ Conformity based on ⌫ Ffull quality assurance 
1. This module describes the procedure wh ereby the manufacturer  who satisfies the 
obligations set out ⌦ Conformity based on full quality  assurance is the conformity 
assessment procedure whereby the manufact urer fulfils the obligations laid down ⌫ 
in points  2 Ö and 5,  ⌦ and ⌫ ensures and declares ⌦ on his sole 
responsibility ⌫ that the ⌦ pyrotechnic ⌫ articles concerned meet  ⌦ satisfy ⌫ 
the requirements of this Directive. The ma nufacturer or his im porter must affix the 
CE marking to each article and draw up a written declar ation of conform ity. The CE 
marking must be accompanied by the id entification number of  the notified body 
responsible for the monitori ng referred to in point 4.  
2. ⌦ Manufacturing ⌫ 
The manufacturer must ⌦ shall ⌫ operate an approved quality system for the  
design, production,  ⌦ manufacture and ⌫ final product inspection and testing 
⌦ of the pyrotechnic articles concerned ⌫ as specified in point 3 and 
must⌦ shall ⌫ be subject to the monitoring referred to  ⌦ surveillance as 
specified ⌫ in point 4. 
3. Quality system 3.1 The manufacturer must
⌦ shall ⌫ lodge an application for assessment of his quality 
system with a ⌦ the ⌫ notified body ⌦ of his choice for the pyrotechnic articles 
concerned ⌫ . 
The application must ⌦ shall ⌫ include: 
(a) all relevant inform ation for the pyrotechnic article category envisaged,   
EN 83   EN  
Ø new 
(a) the name and address of the manufacturer; 
(b) the technical documentation for one model of each category of pyrotechnic 
articles intended to be manufacture d. The technical documentation shall, 
wherever applicable, contain at least the following elements: 
– a general description of the pyrotechnic article; 
– conceptual design and manufactur ing drawings and schemes of 
components, sub-assemblies, circuits, etc.; 
– descriptions and explanations necessary for the understanding of those 
drawings and schemes and the opera tion of the pyrotechnic article; 
– a list of the harmonised standards and/or other relevant technical 
specifications the references of wh ich have been published in the Official 
Journal of the European Union , applied in full or in part, and 
descriptions of the solutions adopted to meet the essential safety 
requirements of this Directive wher e those harmonised standards have 
not been 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; 
 
Ð 2007/23/EC (adapted) 
(c) (b)  the documents  ⌦ documentation ⌫ concerning the quality system, ; 
 
Ø new 
(d) a written declaration that the same application has not been lodged with any 
other notified body. 
 
Ð 2007/23/EC (adapted) 
3.2 The quality system must ⌦ shall ⌫ ensure the conformity  ⌦ compliance ⌫ of the 
⌦ pyrotechnic articles ⌫ article  with the requirements of this Directive. 
All the elements, requirements and pr ovisions adopted by the manufacturer 
must⌦ shall ⌫ be documented in a systematic a nd orderly manner in the form of 
written policies, procedur es and instructions. The  ⌦ That ⌫ quality system  
EN 84   EN documents  ⌦ documentation ⌫ must  ⌦ shall ⌫ permit a consistent 
interpretation of the quality prog rammes, plans, manuals and quality  records. 
They must contain ⌦ It shall, ⌫ in particular ⌦ , contain ⌫ an adequate 
description of: 
(a) the quality objectives  and the organisational stru cture, responsibilities and 
powers of the management with regard to product  design and ⌦ pyrotechnic 
article ⌫ quality, ; 
(b) ⌦ the ⌫ technical construction  ⌦ design ⌫ specifications,  including the  
standards applicable  ⌦ that will be applied ⌫ and, if the standards referred to 
in Article 8 of this Di rective have not been fully  ⌦ where the relevant 
harmonised standards and/or techni cal specifications will not be ⌫ applied 
⌦ in full ⌫ , the means of  ⌦ that will be used to ⌫ ensuring  ⌦ ensure ⌫ 
that the relevant basic  ⌦ essential safety ⌫ requirements of this Directive 
have been ⌦ will be ⌫ met, ; 
(c) techniques to  ⌦ the design ⌫ control and assess th e development results  
⌦ design verification techniques ⌫, processes and system atic actions that 
will be used to develop products belonging to  ⌦ when designing ⌫ the 
product  ⌦ pyrotechnic articles pertaini ng to the pyrotechnic article ⌫ 
category in question  ⌦ covered ⌫,; 
(d) the ⌦ corresponding ⌫ manufacturing, quality c ontrol and quality assurance 
techniques,  and the  processes and systematic actions applied  ⌦ that will be 
used ⌫,; 
 
Ð 2007/23/EC 
(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, ; 
 
Ð 2007/23/EC (adapted) 
Ö new 
(f) the quality records, such as inspection reports and test data, calibration data, 
and qualification reports of  ⌦ on ⌫ the personnel concerned, ⌦ etc.; ⌫ 
(g) the means of monitoring the achiev ement of the required design and 
⌦ product ⌫ quality of the product  and the effective ope ration of the quality 
system. 
3.3 The notified body must ⌦ shall ⌫ assess the quality system to determine whether it 
satisfies the requirements referred to in point 3.2. 
It must⌦ shall ⌫ presume conformity with those requirements in respect ⌦ of the 
elements of the ⌫ quality systems  that ⌦ comply with the corresponding  
EN 85   EN specifications of the national standard that implements ⌫ implement  the relevant 
harmonised standard ⌦ and/or technical specifications ⌫. 
⌦ In addition to experience in quality management systems, ⌫ Tthe auditing team 
must⌦ shall ⌫ have at least one member with experience of assessing  
⌦ experienced as an assessor in ⌫ the relevant product ⌦ field and product ⌫ 
technology ⌦ concerned, and knowledge of the a pplicable requirements of this 
Directive ⌫. The assessment procedure  ⌦ audit ⌫ shall include an 
inspection ⌦ assessment ⌫ visit to the manufacturer's premises. Ö The auditing 
team shall review the technical documentation referred to in point 3.1(b) to verify the 
manufacturer's ability to identify the applic able requirements of this Directive and to 
carry out the necessary examinations with  a view to ensuring compliance of the 
pyrotechnic article with those requirements.  
A duly substantiated ass essment⌦ The manufacturer shall be notified of the ⌫ 
decision must be notified to the manufacturer . 
It must⌦ The notification shall ⌫ contain the results  ⌦ conclusion ⌫ of the 
examination  ⌦ audit and the reasoned assessment decision ⌫. 
3.4 The manufacturer must ⌦ shall ⌫ undertake to fulfil the ob ligations arising out of 
the quality system as approved and ⌦ to ⌫ maintain it ⌦ so that it remains ⌫ at 
an adequate and efficient level . 
3.5 The manufacturer must ⌦ shall ⌫ keep the notified body that has approved the 
quality system constantly  informed of any proposed update of  ⌦ intended change 
to ⌫ the quality system. 
The notified body must assess the ⌦ shall evaluate any proposed ⌫ changes 
proposed  and decide whether the altered  ⌦ modified ⌫ quality system will 
still⌦ continue to ⌫ satisfy the requirements referre d to in point 3.2 or whether a  
reassessment is required  ⌦ necessary ⌫. 
A duly substantiated assess ment⌦ It shall notify the manufacturer of its ⌫ decision 
must be notified to the manufacturer . It must⌦ The notification shall ⌫ contain the 
results⌦ conclusions ⌫ of the examination ⌦ and the reasoned assessment 
decision ⌫. 
4. EC monitoring ⌦ Surveillance ⌫ under the responsibil ity of the notified body 
4.1 The purpose of EC monitoring ⌦ surveillance ⌫ is to make sure that the 
manufacturer duly fulfils the obligations ar ising out of the approved quality system. 
4.2 The manufacturer must ⌦ shall, for assessment purposes, ⌫ allow the notified body 
access for inspection p urposes  to the ⌦ design ⌫, manufacturing  
⌦ manufacture ⌫, inspection, testing and storage premises ⌦ sites ⌫ and 
⌦ shall ⌫ provide it with all necessary information, in particular: 
(a) the quality system documents  ⌦ documentation ⌫,;  
EN 86   EN (b) the quality records required under  ⌦ as provided for by the design part of ⌫ 
the quality system for the development  field  such as the results of analyses, 
calculations, and  tests, ⌦ etc.; ⌫ 
(c) the quality records required under  ⌦ as provided for by the manufacturing 
part of ⌫ the quality system for the manufacturing field such as inspection 
reports and test data, calibration data, and  qualification reports of  on the 
personnel concerned ⌦ , etc. ⌫ 
4.3 The notified body must ⌦ shall ⌫ periodically  carry out ⌦ periodic ⌫ audits to 
make sure that the manufacturer mainta ins and applies the quality system and 
⌦ shall ⌫ provide ⌦ the manufacturer with ⌫ an audit reportto the 
manufacturer . 
4.4 Additionally  ⌦ In addition ⌫, the notified body may pay unannounced  
⌦ unexpected ⌫ visits to the manufactur er. During such visits,  the notified body 
may, if necessary, carry out ⌦ pyrotechnic articles ⌫ tests,  or have them carried 
out, to verify that  ⌦ in order to check the proper functioning of ⌫ the quality 
system is functioning correctly . The notified body must ⌦ It shall ⌫ provide the 
manufacturer with a visit report and, if a test has  taken place  ⌦ tests have been 
carried out ⌫, with a test report. 
 
Ø new 
5. Conformity marking and declaration of conformity 
5.1 The manufacturer shall affix the require d conformity marking set out in this 
Directive, and, under the responsibility of the notified body referred to in point 3.1., 
the latter's identification number to each i ndividual pyrotechnic article that satisfies 
the applicable requirements of this Directive. 
5.2 The manufacturer shall draw up a writte n declaration of conformity for each 
pyrotechnic article model and keep it at th e disposal of the na tional authorities for 
10 years after the pyrotechnic article has been placed on the market. The declaration 
of conformity shall identify the pyrotechnic article model for which it has been 
drawn up. 
A copy of the declaration of conformity sh all be made available to the relevant 
authorities upon request. 
 
Ð 2007/23/EC (adapted) 
56. The manufacturer must  ⌦ shall ⌫, for a period of  ⌦ ending ⌫ at least 10 years 
after the last date of manufacture of the article  ⌦ product has been placed on the 
market ⌫, keep at the disposal of  the national authorities:  
EN 87   EN  
Ð 2007/23/EC (adapted) 
(a) the ⌦ technical ⌫ documents  ⌦ documentation ⌫ referred to in point 
3.1.(b), ; 
(b) the documents  ⌦ documentation ⌫ relating to the updating  ⌦ concerning 
the quality system ⌫ referred to in second subparagraph of  point 3.4 1,; 
 
Ø new 
(c) the change referred to in  point 3.5, as approved; 
 
Ð 2007/23/EC (adapted) 
(d) (c) the decisions and reports of the notified body referred to in the fourth 
subparagraph of  points  3.45, and in points  4.3 and 4.4. 
67. Each notified body must give the other notified bodies the re levant information 
concerning  ⌦ shall inform its no tifying 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 ⌫. 
 
Ø new 
Each notified body shall inform the other not ified bodies of quality  system approvals 
which it has refused, suspended or withdrawn, and, upon request, of quality system 
approvals which it has issued.  
EN 88   EN  
Ð 2007/23/EC 
Ö new 
ANNEX III  
MINIMUM CRITERIA TO B E TAKEN INTO ACCOUNT  BY MEMBER STATES FOR 
THE BODIES RESPONSIB LE FOR CONFORMITY AS SESSMENTS  
1. The body, its director and the staff responsible for ca rrying out the verifi cation tests must 
not be the designer, manufacturer, supplier, installer or importer  of pyrotechnic articles which 
they inspect, nor the authorised representative of  any of these parties. They must not become 
involved either directly o r as authorised representative in  the design, construction, marketing, 
maintenance or importation of such articles. This does not preclude the possibility of 
exchanges of technical information be tween the manufacturer and the body.  
2. The body and its staf f must carry out the verification te sts with the highest degree of 
professional integrity and technical competen ce and must be free from all pressures and 
inducements, particularly financial, which might influence their judgment or the results of the 
inspe ction, especially from persons or groups of pe rsons with an interest in the result of 
verifications.  
3. The body must have at its disposal the necessa ry staff and possess the necessary facilities to 
enable it to perform properl y the administrative and tech nical tasks connected with 
verification; it must also have access to th e equipment required for special verification.  
4. The staff responsible for inspection must have:  
 (a) sound technical and professional training,  
 (b) satisfactory knowledge of the requ irements of the tests they carry out and adequate 
experience of such tests,  
 (c) the ability to draw up the certificates, r ecords and reports required to authenticate 
the performance of the tests.  
5. The impartiality of inspec tion staff must be guaranteed.  Their remuneration must not 
depend on the number of tests carried out or on the results of such tests.  
6. The body must take out civil liability insura nce unless its liability is assumed by the State 
in accordance with national law, or the Member State it self is directly responsible for the 
tests.  
7. The staff of the body must observe professi onal secrecy with regard to all information 
gained in carrying out its tasks (except vis -à-vis the competent administrative authorities of 
the State in which its acti vities are carried out)  under this Directive or any provision of 
national law giving effect to it.   
EN 89   EN  
Ð 2007/23/EC 
Ö new 
ANNEX IV  
CONFORMITY MARKING  
The CE conformity marking must consist of the initials ‘CE’ taking the following  form:  
 
If the marking is reduced or enlarged the propo rtions given in the a bove graduated drawing 
must be respected.   
EN 90   EN  
Ï 
ANNEX III  
List of time-limits for transpositio n into national law and application 
Directive Time-limit for transposition Date of application 
2007/23/EC 4 January 2010 4 Ju ly 2010 (fireworks of 
categories 1, 2 and 3) 
4 July 2013 (fireworks of 
category 4, other pyrotechnic articles and theatrical pyrotechnic articles) 
  
EN 91   EN  
ANNEX IV  
CORRELATION TABLE  
Directive 2007/23/EC This 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) 1st sentence Article 3(7) 
Article 2(2) 2nd senten ce Article 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(8) 
- Article 3(12)  
EN 92   EN - Article 3(13) 
- Article 3(15) to (22) 
Article 3(1) Article 6(1) 
Article 3(2) Article 6(2) 
Article 4 (title) Articles 8, 11, 12 (titles) 
Article 4(1) Article 8(1) 
Article 4(2), 1st subparagraph Artic le 11(1) to (4) and Article 13 
Article 4(2), 2nd subparagraph Article 13 
Article 4(3) Article 12 (1 ) and Article 12(2) 1st 
subparagraph 
- Article 12(2) 2nd subparagraph 
- Article 12(3) 
- Article 12(4) 
- Article 12(5) 
Article 4(4)(a) Article 8(2) 1st subparagraph 
Article 4(4)(b) Article 8(2)  2nd subparagraph and Article 
8(5) 
- Article 8(3) to (7) 
- Article 14 
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)  
EN 93   EN Article 7(3) Article 7(3) 
Article 8(1) - 
Article 8(2) Article 15, 2nd subparagraph 
Article 8(3), first sentence - 
Article 8(3), second sentence Article 15 
Article 8(3), third sentence - 
Article 8(4) - 
Article 9 Article 16 
- Article 17 
Article 10(1) Articles 20 and 29(1) 
Article 10(2) Article 29(2) 
Article 10(3) Articles 24 and 25 
Article 10(4) Article 30(1) 
Article 10(5) Article 30(2) 
Article 10(6) - 
- Articles 21 and 23 
- Articles 26 to 28 
 Articles 31 to 36 
Article 11(1) Article 19(1) 
Article 11(2) Article 18 
Article 11(3) Article 18 
- Article 19(2) 
 Article 19(3) 
- Article 19(4) 
Article 12(1) Article 9(1) 
Article 12(2) Article 9(2)  
EN 94   EN Article 12(3) Article 9(3) 
Article 12(4) Article 9(4) 
Article 12(5) Article 9(5) 
Article 12(6) - 
Article 13(1) Article 10(1) 
Article 13(2) Article 10(2) 
Article 13(3) Article 10(3) 
Article 14(1) Article 37(1) 
Article 14(2) Article 37(1) 
Article 14(3) Article 37(1) 
Article 14(4) Article 37(1) 
Article 14(5) Article 37(2) 
Article 14(6) Article 37(1) 
Article 14(7) Article 37(1) 
Article 15 Article 38(1), 1st subparagraph 
- Article 38(1), 2nd, 3rd, 4th subparagraphs 
- Article 38(2) to (8) 
Article 16(1) Article 39(1), 1st subparagraph 
Article 16(2) Article 39(2) and (3) 
Article 16(3) Article 41(1)(a) 
- Article 39(1), 2nd subparagraph 
- Article 40 
- Article 41 
Article 17(1) Article 37(1) 
Article 17(2) Article 37(1) 
Article 18(1) Article 42  
EN 95   EN Article 18(2) Article 44 
- Article 43 
Article 19(1) Article 45(1) 
Article 19(2) - 
Article 19(3), 1st subparagraph Article 45(2) 
Article 19(3), 2nd subparagraph - 
Article 20 Article 46 
- Article 47(1) 
Article 21(1) Article 48(1) 
Article 21(2), first sentence - 
Article 21(2), second sentence Article 48(2) 
Article 21(3) Article 48(3) 
Article 21(4) Article 48(4) 
Article 21(5) Article 47(2) and (3) 
Article 21(6) Article 47(4) 
- Article 49 
Article 22 Article 50 
Article 23 Article 51 
Annex I(1) Annex I(1) 
Annex I(2) Annex I(2) 
Annex I(3) Annex I(3) 
Annex I(4)(a) Annex I(4) 
Annex I(4)(b) Annex I(4) 
Annex I(5) Annex I(5) 
Annex II(1) Annex II(1) 
Annex II(2) Annex II(2)  
EN 96   EN Annex II(3) Annex II(3) 
Annex II(4) Annex II(4) 
Annex II(5) Annex II(5) 
Annex II(6) Annex II(6) 
Annex III Article 24 
Annex IV Article 18 
- Annex III 
- Annex IV