Commission Directive 2004/57/EC of 23 April 2004 on the identification of pyrotechnic articles and certain ammunition for the purposes of Council Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses (Text with EEA relevance)
Date: 2004-04-23
Institutions: European Commission
Subjects: explosive, free movement of goods, harmonisation of standards, safety standard, transport of dangerous goods

29.4.2004

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Official Journal of the European Union

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COMMISSION DIRECTIVE 2004/57/EC

of 23 April 2004

on the identification of pyrotechnic articles and certain ammunition for the purposes of Council
Directive 93/15/EEC on the harmonisation of the provisions relating to the placing on the market
and supervision of explosives for civil uses

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 2

Annex II to this Directive lists articles in respect of which a
determination is required, for the purposes of implementing
the second indent of Article 1(3) of Directive 93/15/EEC, as to
whether those articles are pyrotechnic articles or explosives.

Article 3

1. Member States shall adopt and publish, by 31 December
2004 at the latest, the laws, regulations and administrative
provisions necessary to comply with this Directive. They shall
forthwith communicate to the Commission the text of those
provisions and a correlation table between those provisions
and this Directive.

They shall apply these provisions from 31 January 2005.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a refer-
ence on the occasion of their official publication. Member
States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 4

This Directive shall enter into force on the 20th day following
that of its publication in the Official Journal of the European
Union.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 23 April 2004.

For the Commission

Erkki LIIKANEN

Member of the Commission

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 93/15/EEC of 5 April 1993
on the harmonisation of the provisions relating to the placing
on the market and supervision of explosives for civil uses (1)
and in particular Article 13(3) thereof,

Whereas:

(1)

(2)

(3)

Directive 93/15/EEC applies to explosive materials and
articles which are considered to be such in the United
Nations Recommendations
of
dangerous goods and which fall within Class 1 of those
recommendations. Pyrotechnic articles, however, are
expressly excluded from the scope of that Directive.

transport

the

on

Consequently, in order to ensure the uniform application
of Directive 93/15/EEC throughout the Community, it is
necessary to identify, by reference to the relevant United
Nations recommendations, articles which are to be
considered to be pyrotechnic.

the United
Certain articles falling within Class 1 of
Nations recommendations have a dual function, since it
is possible to use them either as explosives or as pyro-
technic articles. Provision should therefore be made, in
the interests of the consistent application of Directive
those articles in
93/15/EEC,
terms of their predominant character, that is to say, as
explosives or as pyrotechnic articles.

for the identification of

(4)

The measures provided for in this Directive are in
accordance with the opinion of the Committee estab-
lished under Article 13 of Directive 93/15/EEC,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to this Directive lists,
imple-
menting the second and in part the third indent of Article 1(3)
of Directive 93/15/EEC, the articles considered in the relevant
United Nations recommendations to be pyrotechnic articles or
ammunition.

for the purposes of

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

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Articles considered in the relevant United Nations recommendations to be pyrotechnic or ammunition

ANNEX I

UN NO

NAME and DESCRIPTION

CLASS/DIVI-
SION

GLOSSARY (to be used as a guide for information
only)

Group G

0009

Ammunition,
Incendiary with or
without burster, expelling charge
or propelling charge

0010

0015

0016

0018

0019

1.2 G

Ammunition

Generic term related mainly to articles of mili-
tary application consisting of all kind of
bombs, grenades,
rockets, mines, projectiles
and other similar devices.

Ammunition, Incendiary

Ammunition containing incendiary substance.
Except when the composition is an explosive
per se,
it also contains one or more of the
following: a propelling charge with primer and
igniter charge; a fuze with burster or expelling
charge.

1.3 G

See Entry for UN No 0009

1.2 G

Ammunition, Smoke

containing

Ammunition
smoke-producing
substance. Except when the substance is an
explosive per se, the ammunition also contains
the following: a propelling
one or more of
charge with primer and igniter charge; a fuze
with burster or expelling charge.

Ammunition,
Incendiary with or
without burster, expelling charge
or propelling charge

Ammunition,
or
without burster, expelling charge
or propelling charge

Smoke with

Ammunition,
or
without burster, expelling charge
or propelling charge

Smoke with

1.3 G

See Entry for UN No 0015

Ammunition, Tear-producing with
or
burster,
propelling charge

expelling

charge

Ammunition, Tear-producing with
burster,
or
propelling charge

expelling

charge

1.2 G

Ammunition, Tear-producing with burster,
expelling charge or propelling charge

Ammunition
tear-producing
containing
substance. It also contains one or more of the
following: a pyrotechnic substance; a propelling
charge with primer and igniter charge; a fuze
with burster or expelling charge.

1.3 G

See Entry for UN No 0018

0039

Bombs, photo-flash

1.2 G

Bombs

Explosive articles which are dropped from
aircraft. They may contain a flammable liquid
with bursting charge, a photo-flash composi-
tion or a bursting charge. The term includes:
bombs, photo-flash.

0049

Cartridges, Flash

1.1 G

Cartridges, Flash

Articles consisting of a casing, a primer and
flash powder, all assembled in one piece ready
for firing.

0050

Cartridges, Flash

1.3 G

See Entry for UN No 0049

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UN NO

NAME and DESCRIPTION

CLASS/DIVI-
SION

GLOSSARY (to be used as a guide for information
only)

0054

Cartridges, Signal

1.3 G

Cartridges, Signal

Articles designed to fire coloured flares or
other signals from signal pistols, etc.

0066

Cord, Igniter

1.4 G

Cord, Igniter

Article consisting of textile yarns covered with
black powder or another fast burning pyro-
technic composition and of a flexible protective
covering; or it consists of a core of black
powder surrounded by a flexible woven fabric:
It burns progressively along its length with an
external flame and is used to transmit ignition
from a device to a charge.

0092

Flares, Surface

1.3 G

Flares

containing pyrotechnic

Articles
substances
which are designed for use to illuminate, iden-
tify, signal or warn.

0093

Flares, Aerial

1.3 G

See Entry for UN No 0092

0101

Fuse, non-detonating

1.3 G

Fuse/Fuze

Although these two words have a common
origin (French fusée, fusil) and are sometimes
considered to be different spellings, it is useful
to maintain the convention that fuse refers to a
cord-like igniting device whereas fuze refers to
a device used in ammunition which incorpo-
rates mechanical, electrical, chemical or hydro-
static components to initiate a train by defla-
gration or detonation.

Fuse, instantaneous, non-detonating (quick-
match)

Article consisting of cotton yarns impregnated
with fine black powder (quickmatch). It burns
with an external flame and is used in ignition
trains for fireworks, etc.

0103

Fuse, Igniter, tubular, metal clad

1.4 G

Fuse, igniter, tubular, metal clad

Article consisting of a metal tube with a core
of deflagrating explosive.

0171

Ammunition, illuminating with or
without burster, expelling charge
or propelling charge

1.2 G

Ammunition, illuminating with or without
burster, expelling charge or propelling
charge

Ammunition designed to produce a single
source of intense light for lighting up an area.
The
cartridges,
grenades and projectiles; and illuminating and
target identification bombs.

term includes

illuminating

0191

Signal devices, hand

1.4 G

Articles designed to produce signals.

0192

Signals, railway track, explosive

1.1 G

See Entry for UN No 0191

0194

Signals, distress, ship

1.1 G

See Entry for UN No 0191

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UN NO

NAME and DESCRIPTION

CLASS/DIVI-
SION

GLOSSARY (to be used as a guide for information
only)

0195

Signals, distress, ship

1.3 G

See Entry for UN No 0191

0196

Signals, smoke

1.1 G

See Entry for UN No 0191

0197

Signals, smoke

1.4 G

See Entry for UN No 0191

0212

Tracers for ammunition

1.3 G

Tracers for ammunition

articles

Sealed
pyrotechnic
substances, designed to reveal the trajectory of
a projectile.

containing

0254

0297

Ammunition, illuminating with or
without burster, expelling charge
or propelling charge

Ammunition, illuminating with or
without burster, expelling charge
or propelling charge

1.3 G

See Entry for UN No 0171

1.4 G

See Entry for UN No 0254

0299

Bombs, photo-flash

1.3 G

See Entry for UN No 0039

0300

0301

0303

Ammunition,
incendiary with or
without burster, expelling charge
or propelling charge

1.4 G

See Entry for UN No 0009

Ammunition, tear-producing with
burster, expelling charge

1.4 G

See Entry for UN No 0018

Ammunition,
without burster, expelling charge

smoke with

or

1.4 G

See Entry for UN No 0015

0306

Tracers for ammunition

1.4 G

See Entry for UN No 0212.

0312

Cartridges, signal

1.4 G

Cartridges, signal

Articles designed to fire coloured flares or
other signals from signal pistols.

0313

Signals, smoke

1.2 G

See Entry for UN No 0195

0318

Grenades, practice, hand or rifle

1.3 G

Grenades hand or rifle

Articles which are designed to be thrown by
hand or to be projected by a rifle. The term
includes: Grenades practice, hand or rifle.

0319

Primers, tubular

1.3 G

Primers, tubular

Articles consisting of a primer for ignition and
an auxiliary charge of deflagrating explosive
such as black powder used to ignite the propel-
ling charge in a cartridge case for eg cannon.

0320

Primers, tubular

1.4 G

See Entry for UN No 0319

0333

Fireworks

1.1 G

Fireworks

Pyrotechnic articles designed for entertainment.

0334

Fireworks

1.2 G

See Entry for UN No 0333

0335

Fireworks

1.3 G

See Entry for UN No 0333

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UN NO

NAME and DESCRIPTION

CLASS/DIVI-
SION

GLOSSARY (to be used as a guide for information
only)

0336

Fireworks

1.4 G

See Entry for UN No 0333

0362

Ammunition, practice

1.4 G

Ammunition, practice

Ammunition without a main bursting charge,
containing a burster or
expelling charge.
Normally it also contains a fuze and a propel-
ling charge.

0363

Ammunition, proof

1.4 G

Ammunition, proof

containing

pyrotechnic
Ammunition
the performance or
substances, used to test
strength of new ammunition, weapon compo-
nent or assemblies.

0372

Grenades, practice, hand or rifle

1.2 G

See Entry for UN No 0318

0373

Signal devices, hand

1.4 S

See Entry for UN No 0191

0403

Flares, aerial

1.4 G

See Entry for UN No 0092

0418

Flares, surface

1.2 G

See Entry for UN No 0092

0419

Flares, surface

1.1 G

See Entry for UN No 0092

0420

Flares, aerial

1.1 G

See Entry for UN No 0092

0421

Flares, aerial

1.2 G

See Entry for UN No 0092

0424

Projectiles, inert with tracer

1.3 G

Projectiles

Articles such as a shell or bullet which are
projected from a cannon or other artillery gun,
rifle or other small arm. They may be inert,
with or without
tracer, or may contain a
burster or expelling charge or a bursting
charge. The term includes: Projectiles,
inert,
with tracer; projectiles with burster or expelling
charge; projectiles with bursting charge.

0425

Projectiles, inert with tracer

1.4 G

See Entry for UN No 0424

0428

Articles, pyrotechnic for technical
purposes

1.1 G

Articles, pyrotechnic for technical purposes

gas

generation,

generation,

Articles which contain pyrotechnic substances
and are used for technical purposes such a s
heat
theatrical
effects, etc. The term excludes the following
articles which are listed separately: all ammuni-
tion; cartridges, signal; cutters, cable, explosive;
fireworks; flares, aerial; flares, surface; release
devices,
signal
rivets,
devices, hand; signals, distress; signals, railway
track, explosive; signals, smoke.

explosive;

explosive;

0429

0430

0431

Articles, pyrotechnic for technical
purposes

1.2 G

See Entry for UN No 0428

Articles, pyrotechnic for technical
purposes

1.3 G

See Entry for UN No 0428

Articles, pyrotechnic for technical
purposes

1.4 G

See Entry for UN No 0428

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UN NO

NAME and DESCRIPTION

CLASS/DIVI-
SION

GLOSSARY (to be used as a guide for information
only)

0434

Projectiles with burster or expel-
ling charge

1.2 G

Projectiles

Articles such as a shell or bullet which are
projected from a cannon or other artillery gun,
rifle or other small arm. They may be inert,
with or without
tracer, or may contain a
burster or expelling charge or a bursting
charge. The term includes: projectiles,
inert,
with tracer; projectiles with burster or expelling
charge; projectiles with bursting charge.

0435

Projectiles with burster or expel-
ling charge

1.4 G

See Entry for UN No 0434

0452

Grenades, practice,hand or rifle

1.4 G

See Entry for UN No 0372

0487

Signal, smoke

1.3 G

See Entry for UN No 0194

0488

Ammunition, practice

1.3 G

Ammunition, practice

Ammunition without a main bursting charge,
containing a burster or
expelling charge.
Normally it also contains a fuze and a propel-
ling charge. The term excludes the following
articles which are listed separately: Grenades,
practice.

0492

Signals, railway track, explosive

1.3 G

See Entry for UN No 0194

0493

Signals, railway track, explosive

1.4 G

See Entry for UN No 0194

0503

Air
bag
modules,
tensioners,

inflators,
seat
or

or Airbag
pre-
belt

1.4 G

UN NO

NAME and DESCRIPTION

CLASS/DIVI-
SION

GLOSSARY to be used as a guide for information
only

Group S

0110

Grenades, practice, hand or rifle

1.4 S

See Entry for UN No 0318

0193

Signals, railway track, explosive

1.4 S

See Entry for UN No 0194

0337

Fireworks

1.4 S

See Entry for UN No 0334

0345

Projectiles, inert with tracer

1.4 S

Projectiles

Articles such as a shell or bullet which are
projected from a cannon or other artillery gun,
rifle or other small arm. They may be inert,
with or without
tracer, or may contain a
burster or expelling charge or a bursting
charge.

0376

Primers, tubular

1.4 S

See Entry for UN No 0319

0404

Flares, aerial

1.4 S

See Entry for UN No 0092

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UN NO

NAME and DESCRIPTION

CLASS/DIVI-
SION

GLOSSARY to be used as a guide for information
only

0405

Cartridges, signal

1.4 S

Cartridges, Signal

Articles designed to fire coloured flares or
other signals from signal pistols, etc.

0432

Articles, pyrotechnic or technical
purpose

1.4 S

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ANNEX II

Articles in respect of which a determination is required as to whether those articles are pyrotechnic articles or
explosives

UN NO

NAME and DESCRIPTION

CLASS/DIVI-
SION

GLOSSARY (to be used as a guide for information
only)

Group G

0121

Igniters

1.1 G

Igniters

0314

0315

0316

0317

0325

0353

0454

Igniters

Igniters

Fuzes, igniting

Fuzes, igniting

Igniters

Articles, explosive, NOS

Igniters

1.2 G

1.3 G

1.3 G

1.4 G

1.4 G

1.4 G

1.4 S

Articles containing one or more explosive
substances used to start deflagration in an
explosive train. The may be actuated chemi-
cally, electrically or mechanically.

See Entry for UN No 0121

See Entry for UN No 0121

See Entry for UN No 0121

See Entry for UN No 0121

UN NO

NAME and DESCRIPTION

CLASS/DIVI-
SION

GLOSSARY (to be used as a guide for information
only)

Group S

0131

Lighters, fuse

1.4 S

Lighters, fuse

Articles of various design actuated by friction,
percussion or electricity and used to ignite
safety fuse.

0349

0368

Articles, explosive, NOS

Fuzes, igniting

1.4 S

1.4 S