Proposal for a Directive of the European Parliament and of the Council on the placing on the market of pyrotechnic articles
Date: 2005-10-11
Institutions: European Commission
Subjects: accident prevention, explosive, free movement of goods, harmonisation of standards, marketing standard, safety standard, single market

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 11.10.2005 
COM(2005) 457 final 

2005/0194 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the placing on the market of pyrotechnic articles 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Directive  93/15/EEC  on  the  harmonisation  of  the  provisions  relating  to  the  placing 
on  the  market  and  supervision  of  explosives  for  civil  uses  explicitly  excludes 
pyrotechnic  articles  from  its  scope.  However,  one  of  its  recitals  indicates  that 
additional legislation on pyrotechnic articles is planned. 

The  present  proposal  aims  to  create  a  comprehensive  and  coherent  legislative 
framework  at  Community  level  and  introduces  minimum  safety  requirements  with 
the aim of: 

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ensuring the free movement of pyrotechnic products within the EU, 

improving the overall protection of consumers and professionals,  

contributing to the reduction of accidents, 

harmonising the safety requirements applicable in the different Member States, 

1.1. 

The current situation 

The  legal  framework  for  placing  on  the  market  and  the  use  of  pyrotechnic  articles 
differs widely from Member State to Member State. In order to obtain an overview 
of  the  situation,  in  2003  the  Commission  sent  out  a  questionnaire  concerning  the 
legal  framework  in  relation  to  pyrotechnic  articles,  notably  fireworks.  The 
questionnaire also aimed to collect statistics on accidents resulting from fireworks in 
the EU and EEA. 

The  data  on  accidents  presented  below  concerns  only  fireworks  and  not  other 
pyrotechnic  articles  such  as  stage  effects  and  distress  flares  or  pyrotechnic  articles 
for  the  automotive  industry.  For  these  products  no  consistent  system  to  report 
accidents exists in the Member States.  

1.1.1.  Placing fireworks on the market 

Classification and approval 

Current legislation in the Member States divides fireworks into a number of classes. 
These  classes  are  separated  by  the  quantity  of  pyrotechnic  substance  contained 
within  the  firework,  and  in  some  cases,  also  by  the  location  of  use  (indoors  or 
outdoors)  of  the  firework.  Although  these  national  classification  systems  display  a 
similarity in being based on the quantity of pyrotechnic substance used, they are not 
the same.  

Many  Member  States  have  approval  systems  for  placing  of  fireworks  on  their 
markets  linked  to  classification.  These  approval  systems  currently  use  national 
standards for the examination of fireworks. In recognition of these differences, CEN, 
the European Committee for Standardisation, is seeking to develop harmonised EU 
standards on fireworks. A first series of CEN standards for fireworks was published 

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in  May  2003.  Some  Member  States  report  that  they  have  plans  to  adopt  the  CEN 
standards into their national legislation. 

Consumer Restrictions 

There are significant differences in the types of fireworks that may be sold according 
to  national  restrictions.  All  Member  States  prohibit  the  sale  of  large  fireworks  to 
consumers.  Three  Member  States  ban  the  sale  of  all  fireworks  generally  to  all 
consumers.  In  addition,  one  Member  State  allows  the  sale  of  small  fireworks  to 
consumers and prohibits the rest. 

Some Member States ban the sale of fireworks with bang effects (e.g. bangers). The 
sale of certain other types of fireworks is also banned in some Member States. The 
reasons behind these measures vary from safety concerns to concerns about nuisance 
effects.  

Minimum  age  restrictions  for  different  categories  of  fireworks  differ  widely 
throughout the EU. 

Three Member States only allow the sale and/or use of fireworks on certain days, e.g. 
between Christmas and New Year’s Day. 

Labelling 

Labelling  requirements  vary  to  some  extent  throughout  Member  States.  These 
requirements  can  include  information  on  classification  and  certification  and  some 
information  on  safe  use  or  age  restrictions.  All  national  legislations  require  the 
provision of information on safe handling and use. 

1.1.2.  Accidents 

In response to the Commission questionnaire, only a minority of Member States and 
one  EFTA  Member  provided  numerical  information  on  accidents  involving 
fireworks.  One  reason  for  this  might  be  that  national  systems  for  the  recording  of 
accidents do not contain specific information on fireworks as a cause of accidents. 

It  appears  that  accident  rates  vary  significantly  between  countries.  This  may  be  in 
part due to local customs for the public usage of fireworks. 

The recorded accident rate in Greece (about 1 per million) and Ireland (3.9) is lower 
than that in Denmark (5.4), the UK (60.1), Sweden (about 50) and Norway (4.5). The 
reasons  for  these  differences  are  unclear.  However  it  is  interesting  to  note  that  the 
two Member States with the lowest reported rate have a ban on the sale of fireworks 
to consumers.  

It should be noted that the information stated above only refers to reported accidents 
and is based on cases requiring hospital treatment. It does not include information on 
accidents  which  may  have  been  treated  by  a  General  Practitioner  or  that  may  have 
occurred  in  the  home  and  have  not  been  reported.  It  is  therefore  possible  that  the 
number of accidents recorded underestimates the actual figure. 

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Given that it is not possible to read much into the information beyond stating factual 
data, any attempt to estimate a figure for the total number of accidents across the EU 
must  be  treated  very  cautiously.  However,  a  lower  accident  rate  might  be  in  the 
region of 15 per million and an upper rate might be in the region of 100 per million. 
Using  these  rates  for  an  enlarged  EU  population  of  455  million  would  give  a  total 
number of accidents involving fireworks of between 7,000 and 45,000 for this area.  

Information  on  whether  accidents  are  a  result  of  a  malfunction  or  a  misuse  of  a 
firework is also limited. The information presented suggests that the majority are the 
result  of  misuse,  although  it  is  interesting  to  note  that  in  Denmark  in  2002,  almost 
half  of  the  recorded  accidents  were  the  result  of  a  malfunction  of  the  firework. 
General concern over the quality and standard of some fireworks which might find 
their  way  onto  the  EU  market  was  also  expressed  by  some  replying  to  the 
questionnaire. 

Other pyrotechnic articles such as stage effects and distress flares are also subject to 
differing national legislations. However, the Commission does not have any statistics 
on  malfunctions  or  accidents  for  these  products,  but  it  cannot  be  excluded  that 
accidents due to malfunctions occur.  

1.1.3.  Placing automotive pyrotechnic articles on the market 

Many Member States have different approval processes for the placing of inflators, 
modules  and  safety  devices  for  automotive  and  other  uses  on  their  markets.  These 
approval  processes  currently  use  national  regulations  and  laws  for  the  approval  of 
these products.  

1.2. 

Intended effects of EU legislation 

EU  legislation  on  the  marketing  and  use  of  pyrotechnic  articles  is  intended  to 
develop the essential safety requirements which are necessary for the effectiveness of 
harmonised  EU  standards  on  pyrotechnic  articles.  The  draft  Directive  also  aims  at 
developing  a  harmonised  EU  approach  to  the  provision  of  information  on  the  safe 
handling and use of pyrotechnic articles. 

A  harmonised  EU  approach  on  standards  for  pyrotechnic  articles  will  ensure  that 
sub-standard pyrotechnic articles are not placed on the EU market and should result 
in a significant reduction in the number of accidents caused through the malfunction 
of a firework. It extends the CE marking of pyrotechnic articles with the result that 
only CE marked pyrotechnic articles can be placed on the market.  

A harmonised EU approach to the provision of information on the safe handling and 
use  of  pyrotechnic  articles  might  also  be  helpful  in  reducing  the  number  accidents 
resulting from misuse.  

A harmonised approach to the categorisation, use of standards, and approval system 
in  relation  to  pyrotechnic  articles  should  lead  to  significant  benefits  in  terms  of 
product safety coupled with a single market for manufacturers and importers.  

At the same time, taking into account the variety of different national regulations on 
the marketing and use of fireworks, the proposal leaves the possibility for Member 

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States to maintain their own regulations as far as the minimum age and the marketing 
and use of certain categories of fireworks are concerned. 

1.3. 

Coherence with other community legislation 

Other  pyrotechnic  articles  which  already  fall  under  existing  EU  legislation  e.g.  on 
marine equipment have been excluded from the scope of the Directive. It also does 
not apply to explosives falling within the scope of the Council Directive 93/15/EEC. 

The Directive therefore is coherent with other Community legislation. 

2. 

RESULTS  OF  CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  IMPACT 
ASSESSMENT 

Consultations 

As a working group for pyrotechnic articles at EU level did not previously exist, the 
consultation process for the Directive started in May 2003 with the sending out of the 
questionnaire,  as  described  above.  This  was  accompanied  by  a  letter  to  the 
Permanent  Representations  of  the  Member  States  and  to  the  Missions  of  the 
candidate and EFTA countries, which encouraged the circulation of the questionnaire 
to potential stakeholders, and which made clear that all persons were free to respond. 

first  meeting  of  a 

A 
stakeholder  working  group  was  organised  on 
23 September 2003,  followed  by  two  more  meetings  on  1  December  2003  and 
16 March  2004  in  Brussels.  For  these  meetings,  invitations  were  sent  to  Member 
State, candidate country and EFTA member administrations and to those associations 
which  had  replied  to  the  questionnaire  or  which  had  declared  their  interest  to 
participate in the working group. 

The  Pyrotechnics  industry  was  represented  by  delegates  from  the  European 
Pyrotechnics  Association.  The  automotive  components  supplier  industry  was 
represented by CLEPA, their European association. 

CEN,  the  European  Committee  for  Standardisation,  and  in  particular  its  technical 
committee  for  pyrotechnic  articles  have  also  been  closely  associated  with  the 
preparation  of  the  Directive.  It  has  assisted  in  the  drafting  of  the  essential  safety 
requirements, which were finalised at a meeting hosted by the Netherlands in Delft 
on 17 to 18 November 2003. 

Several earlier drafts of the Directive were widely distributed by the working group 
participants,  and  subsequently  comments  were  received  not  only  from  the  public 
authorities in charge of pyrotechnics, but also from several industry associations and 
individual  companies  (fireworks,  automotive  component  suppliers  and  aerospace 
sectors). 

In  principle,  most  Member  States  and  the  associations  of  the  pyrotechnics  industry 
and  the  automotive  component  suppliers  welcome  the  initiative  for  a  Directive  on 
pyrotechnic  articles.  However,  the  competent  authorities  of  the  UK  and  Sweden 
think that EU legislation in this area is not necessary, a point of view supported by 
some UK pyrotechnics manufacturers. 

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While  the  European  automotive  component  suppliers  have  explicitly  requested  that 
airbags  and  other  pyrotechnic  car  safety  equipment  be  included  in  the  scope  of  the 
Directive, there was a request to exclude aerospace parts because they were already 
covered by other international rules. 

The  main  discussion  with  the  Member  States  during  the  working  group  meetings 
concerned the extent to which Member States could maintain national restrictions on 
the sale and use of certain categories of fireworks. 

Since there are markedly different cultural traditions when it comes to fireworks, the 
proposal foresees the possibility for Member States to restrict the use and/or sale to 
the public of category 2 and 3 fireworks. 

Some Member States also want to be able to restrict the use and/or sale of category 1 
fireworks (i.e. fireworks which present a very low hazard and which are intended for 
use in confined areas, including fireworks which are intended for use inside domestic 
buildings),  from  which  there  is  by  definition  only  very  little  risk.  While  we  cannot 
accept this in principle, as it is necessary to create internal market conditions for this 
product group, the Commission is prepared to give a new mandate to CEN in order 
to redefine category 1 and to work on a list of those articles which can be regarded as 
harmless  by  all  Member  States  and  which  should  subsequently  be  able  to  circulate 
freely on the internal market. 

Another  controversial  issue  raised  by  a  number  of  Member  States  was  that  of  the 
minimum  age  limits.  However,  the  Commission  has  made  it  clear  that  these  are 
minimum requirements and that the Member States have the right to impose stricter 
limits  if  deemed  necessary.  For  those  Member  States  which  do  not  yet  have 
minimum age limits for the sale of fireworks to end consumers, these minimum age 
limits  are  expected  to  have  a  positive  effect  on  the  number  of  fireworks-related 
accidents. 

Impact assessment 

The  EU  market  for  fireworks  for  sale  to  consumers  (categories  1,  2  and  3)  is 
estimated to be around €700 million per year. The EU market for fireworks for sale 
to  professionals  only  is  also  estimated  to  be  around  €700  million  per  year.  Few 
fireworks  are  manufactured  in  the  EU.  Many  of  the  fireworks  which  are 
manufactured in the EU are for professional use (category 4).  

It  is  estimated  that  automotive  occupant  restraint  systems  are  placed  in  around 
20 million  vehicles  in  the  EU  each  year.  In  the  case  of  airbags,  this  amounts  to 
around  80  million  systems  being  placed  on  the  market  each  year  with  a  value  of 
around  €3.5  billion.  And  in  the  case  of  seat  belt  pre-tensioners,  around  90  million 
units are placed on the market each year with a value of around €2 billion. 

The proposed Directive would create a single market for pyrotechnical articles. This 
is expected to result in the elimination of barriers to trade currently caused through 
national provisions in place throughout the EU. The Directive will set out essential 
safety  requirements  for  pyrotechnical  articles  with  Member  State  competent 
authorities  assessing  the  compliance  of  these  articles  against  the  requirements. 
Articles  which  are  considered  to  meet  the  safety  requirements  can  be  CE  marked, 

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guaranteeing their free circulation within the EU, whilst at the same time ensuring a 
high level of protection to consumers.  

The Directive is expected to lead to a considerable reduction in costs as a single CE 
assessment of conformity will replace up to 25 parallel national approval procedures. 

The  main  benefits  are  therefore:  reduced  burdens  on  enterprises  through  a 
harmonised  approval  system  for  the  placing  of  pyrotechnic  articles  on  the  market 
along  with  the  creation  of  a  single  market,  and  a  high  level  of  protection  to 
consumers.  

Pyrotechnic articles intended for use by the armed forces, police, in aircraft or falling 
within  the  scope  of  the  Marine  Equipment  Directive  (96/98/EC)  will  be  excluded 
from the Directive. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal Basis 

The legal basis of the proposal is Article 95 of the Treaty. 

The  present  Directive  will  determine  the  conditions  for  placing  and  using 
pyrotechnic  products  on  the  EU  market  by  harmonising  the  essential  requirements. 
The  objective  will  be  to  introduce  minimum  safety  requirements  to  protect  the 
general public and professionals while eliminating or avoiding barriers to trade and 
preventing distortion of competition due to divergent regulatory systems. The focus 
is therefore on protecting users whilst improving the conditions for the functioning of 
the internal market. 

Article 95 of the EC Treaty is therefore appropriate for harmonising the conditions of 
marketing and use of pyrotechnic products whilst improving the protection of users. 

Subsidiarity and proportionality principles 

Legislation on the marketing and use of pyrotechnic articles is currently determined 
nationally  throughout  the  EU  and  such  divergent  national  legislation  is  liable  to 
cause barriers to intra-community trade.  

Therefore,  the  Commission’s  intention  is  to  create  a  genuine  internal  market  for 
certain  categories  of  pyrotechnic  articles  and  to  introduce  essential  safety 
requirements. This is only possible by using a Directive or Regulation. 

As  far  as  accidents  are  concerned,  and  taking  into  account  that  it  is  very  easy  to 
transport fireworks illegally from one Member State to another over open borders, it 
is not easy for authorities to control the placing on the market of fireworks. Without 
the definition of essential safety requirements, it can be expected that the number of 
accidents due to the effective fireworks would further increase.  

However, subsidiarity will also be taken into account as the proposed Directive will 
not preclude Member States from taking measures on grounds of public security or 
safety  to  restrict  the  placing  on  the  market  of  certain  categories  of  fireworks.  The 

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proposed Directive also will allow Member States to maintain higher minimum age 
limits for the sale of fireworks to consumers again on grounds of public security or 
safety. 

The  proposed  Directive  is  proportionate  to  the  aims  of  improving  consumer  safety 
and creating the internal market for pyrotechnic articles. 

Choice of instruments 

The  Commission  has  chosen  a  Directive  as  the  best  instrument  for  achieving  its 
objectives, since there is the necessity to harmonise the differing national legislations 
on pyrotechnic articles. An alternative would have been a Regulation, however, this 
has  never  been  done  before  for  the  New  Approach,  and  a  number  of  provisions 
contained  in  the  Directive  (e.g.  obligation  of  the  Member  States  to  notify  notified 
bodies  and  to  engage  in  market  surveillance)  could  not  be  contained  in  the 
Regulation, because it is directly applicable. 

4. 

BUDGETARY IMPLICATIONS 

There  are  no  immediate  budgetary  implications  from  the  proposed  Directive.  The 
Committee  referred  to  in  Article  18  will  decide  upon  the  possibility  to  establish  a 
Register  of  European  Union  registration  numbers  for  pyrotechnic  articles  that  will 
make  it  easier  to  identify  pyrotechnic  articles  and  their  manufacturer  or  the 
authorised representative in case of accidents through malfunctioning. This provision 
could have budgetary implications later on which need to be studied in detail when 
such a proposal is being made. 

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2005/0194 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the placing on the market of pyrotechnic articles  

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 95 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty3, 

Whereas: 

(1) 

(2) 

(3) 

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

These provisions, being liable to cause barriers to trade within the Community should 
be  harmonised  in  order  to  guarantee  the  free  movement  of  pyrotechnical  articles 
within the internal market whilst ensuring a high level of protection of human health 
and safety of consumers. 

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 uses4 states 
that  pyrotechnic  articles  require  appropriate  measures  to  ensure  the  protection  of 
consumers and the safety of the public and that additional legislation is planned in this 
field. 

1 
2 
3 
4 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 121, 15.5.1993, p. 20. 

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(4) 

(5) 

(6) 

(7) 

Council  Directive  96/82/EC  of  9  December  1996  on  the  control  of  major-accident 
hazards  involving  dangerous  substances  (called  "Seveso  II  Directive”)5,  extended  by 
Directive  2003/105/EC6  of  the  European  Parliament  and  of  the  Council  of 
16 December  2003  establishes  safety  requirements  for  establishments  where  among 
other dangerous substances explosives including pyrotechnics are present. 

In order to ensure appropriately high levels of protection, pyrotechnic articles should 
be categorised according to their type of use, or their purpose and level of hazard. 

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 
certain pyrotechnic articles to be made available only to authorised specialists with the 
necessary knowledge, skills and experience.  

The use of pyrotechnics and in particular the use of fireworks, is subject to markedly 
different  cultural  customs  and  traditions  in  different  Member  States.  This  makes  it 
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  public  security  or  safety 
reasons. 

(8) 

It is appropriate to establish essential safety requirements for pyrotechnic articles.  

(9) 

(10) 

(11) 

Responsibility for ensuring that pyrotechnic articles comply with this Directive and in 
particular with those essential safety requirements should rest with the manufacturer, 
who should be established in the Community or appoint an authorised representative. 

It  should  not  be  possible,  where  the  essential  safety  requirements  are  satisfied,  for 
Member States to prohibit, restrict or hinder the free movement of pyrotechnic articles.  

In order to facilitate the process of demonstrating compliance with the essential safety 
requirements,  harmonised  standards  are  being  developed  related  to  the  design, 
manufacture and testing of such articles. 

(12)  European  harmonised  standards  are  drawn  up,  adopted  and  modified  by  the 
Committee for European Standardisation (CEN), the Committee for Electro-technical 
Standardisation  (CENELEC)  and 
the  European  Telecommunication  Standards 
Institute (ETSI). These organisations are recognised as competent for the adoption of 
harmonised standards, which they draw up in accordance with the general guidelines 
for  co-operation  between  themselves  and  the  Commission7,  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 standards and regulations8. 

5 
6 
7 
8 

OJ L 10, 14.1.1997 P. 13 
OJ L 345 , 31/12/2003 P. 0097 - 0105 
OJ L 91, 16.4.2003 P. 7. 
OJ L 204, 21.7.1998, p. 37, as last amended by Directive 98/48/EC (OJ L 217, 5.8.1998, P.18). 

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(13)  The Council, in its Decision 93/465/EEC of 22 July 1993 concerning the modules for 
the various phases of the conformity assessment procedures which are intended to be 
used  in  the  technical  harmonisation  directives,  introduced  harmonised  means  of 
applying  procedures  for  conformity  assessment.  The  application  of  these  modules  to 
pyrotechnic  articles  will  make  it  possible  to  determine  the  responsibility  of 
manufacturers  and  of  bodies  involved  in  the  conformity  assessment  procedure  by 
taking account of the nature of the pyrotechnic articles concerned. 

(14)  Pyrotechnic articles should bear the CE marking indicating their conformity with the 
provisions of this Directive to enable them to move freely within the Community. 

(15)  As  regards  safety  in  transportation,  the  rules  concerning  the  transport  of  pyrotechnic 
articles are covered by international conventions and agreements, including the United 
Nations recommendations on the transport of dangerous goods. 

(16)  The Member States should lay down rules on penalties applicable to infringements of 
the provisions of this Directive and ensure that they are implemented. Those penalties 
must be effective, proportionate and dissuasive. 

(17) 

It is vital to provide for a transitional period to allow national laws in specified fields 
to be gradually adapted. 

(18)  Since the objectives of this Directive cannot be sufficiently achieved by the Member 
States and can therefore be better achieved at Community level, the Community may 
adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 
of  the  Treaty.  In  accordance  with  the  principle  of  proportionality,  as  set  out  in  that 
Article, this Directive does not go beyond what is necessary in order to achieve those 
objectives. 

(19)  The measures necessary for the implementation of this Directive should be adopted in 

accordance with Council Decision 1999/468/EC9, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 

Objectives and scope 

1. 

2. 

3. 

This  Directive  establishes  rules  designed  to  achieve  the  free  movement  of 
pyrotechnic  articles  in  the  internal  market  while,  at  the  same  time  ensuring  a  high 
degree of protection of human health and safety of consumers. 

This  Directive  establishes  the  essential  safety  requirements  which  pyrotechnic 
articles must fulfil with a view to their placing on the market. 

This Directive shall apply to pyrotechnic articles as defined in article 2.  

9 

OJ L 184, 17.7.1999, p. 23. 

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4. 

This Directive shall not apply to: 

– 

– 

– 

– 

– 

– 

Pyrotechnic articles intended for use,  in accordance with national law, by the 
armed forces or the police; 

Articles  falling  within 
20 December 1996 on marine equipment10; 

the  scope  of  Council  Directive  96/98/EC  of 

Pyrotechnic articles intended for use in aircraft; 

Pyrotechnic articles 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 toys11; 

Explosives  falling  within  the  scope  of  Council  Directive  93/15/EEC12of 
5 April 1993 on the harmonisation of the provisions relating to the placing on 
the market and supervision of explosives for civil uses; 

Ammunitions, meaning projectiles and propelling charges used in small arms, 
artillery, and other guns. 

Article 2 

Definitions 

For the purposes of this Directive: 

1. 

2. 

3. 

4. 

5. 

'Pyrotechnic  article'  means  any  article  containing  substances  or  a  mixture  of 
substances designed to produce heat, light, sound, gas or smoke or a combination of 
such  effects 
through  self-sustained  exothermic  chemical  reactions  for  both 
entertainment and other purposes. 

‘Placing on the market’ means the first making available on the Community market 
of an individual product intended for end use, with a view to distribution and/or use, 
whether in return of payment or free of charge.  

‘Firework’ means pyrotechnic article for entertainment.  

‘Automotive  pyrotechnic  article’  means  articles  which  contain  pyrotechnic 
substances used to activate safety devices or other devices in motor vehicles. 

‘Manufacturer’ means the natural or legal person who designs and/or manufactures a 
product  covered  by  this  Directive  or  who  has  such  a  product  designed  and 
manufactured, with a view to its placing on the market or for his own professional or 
private  use,  under  his  own  name  or  trademark;  or  places  a  product  covered  by  this 
Directive on the market under his own name or trademark. 

10 
11 
12 

OJ L 46, 17.2.1997, p. 25. 
OJ L 187, 16.07.1988 p. 1. 
OJ L 121, 15.5.1993 p. 20. 

EN 

12 

   EN 

 
                                                 
6. 

7. 

8. 

1. 

‘Authorised representative’ means any natural or legal person established within the 
Community who has received a written mandate from the manufacturer to act on his 
behalf with regard to the latter’s responsibilities under this Directive. 

‘Harmonised  standard’  means  a  European  Standard  adopted  by  a  European 
standardisation body under a mandate from the Commission in conformity with the 
procedures  laid  down  in  Directive  98/34/EC  compliance  with  which  is  not 
compulsory. 

‘Person with specialist knowledge’ means a person authorised by Member States to 
possess  and/or  use  on  their  territory  category  4  fireworks  and/or  category  2  other 
pyrotechnic articles as defined in Article 3. 

Article 3 

Categorisation  

Pyrotechnic articles falling within the scope of this Directive shall be categorised by 
the manufacturer according to their type of use, or their purpose and level of hazard. 
Notified bodies shall confirm the categorisation as part of the conformity assessment 
procedures according to Article 9.  

Categorisation shall be as follows: 

a) 

Fireworks 

Category 1: 

fireworks which present a very low hazard and which are intended for 
use in confined areas, including fireworks which are intended for use 
inside domestic buildings; 

Category 2: 

fireworks  which  present  a  low  hazard  and  which  are  intended  for 
outdoor use in confined areas; 

Category 3: 

fireworks which present a medium hazard and which are intended for 
outdoor use in large open areas; 

Category 4: 

fireworks which present a high hazard and which are intended for use 
by  persons  with  specialist  knowledge  only,  commonly  known  as 
“fireworks for professional use”.  

b)  Other pyrotechnic articles 

Category 1: 

pyrotechnic articles other than fireworks which present a low hazard; 

Category 2:  pyrotechnic  articles  other  than  fireworks  which  are  intended  for 

handling or use by persons with specialist knowledge only. 

2. 

Member States shall inform the Commission of the procedures whereby they identify 
and authorise persons with specialist knowledge. 

EN 

13 

   EN 

 
Article 4  

Obligations of the manufacturer 

1. 

2. 

Manufacturers  shall  ensure  that  pyrotechnic  articles  falling  within  the  scope  of  this 
Directive  comply  with  the  essential  safety  requirements  set  out  in  Annex  I  which 
apply to them as well as all the relevant provisions of this Directive. 

Manufacturers  of  pyrotechnic  articles  shall  be  established  in  the  Community  or 
appoint an authorised representative.  

The  authorised  representative  may  be  addressed  by  authorities  and  bodies  in  the 
Community  instead  of  the  manufacturer  with  regard  to  those  obligations  that  the 
representative has been mandated to carry out. 

3. 

Manufacturers of pyrotechnic articles shall: 

(a) 

(b) 

Submit  the  product  to  a  notified  body  which  will  perform  a  conformity 
assessment procedure in accordance with Article 9; 

Affix  the  CE-marking  and label of  the pyrotechnic article in accordance  with 
Articles 11 and 12. 

Article 5 

Placing on the market  

Member States shall take all appropriate measures to ensure that pyrotechnic articles 
which  fall  within  the  scope  of  the  present  Directive  may  be  placed  on  the  market 
only if they comply with the obligations of this Directive, they bear the EC marking, 
and they comply with the obligations relating to the conformity assessment. 

Member States shall take all appropriate measures to ensure that pyrotechnic articles 
shall not unduly bear the CE marking. 

Article 6 

Free Movement 

1. 

2. 

Member  States  shall  not  prohibit,  restrict  or  hinder  the  placing  on  the  market  of 
pyrotechnic  articles  which  fall  within  the  scope  of  this  Directive  and  which  satisfy 
the requirements of this Directive. 

The provisions of this Directive shall also not preclude measures by a Member State 
which are justified on grounds of public security or safety to restrict the use and/or 
the sale to the general public of category 2 and 3 fireworks. 

EN 

14 

   EN 

 
3. 

4. 

At  trade  fairs,  exhibitions  and  demonstrations  for  marketing  purposes,  Member 
States  shall  not  prevent  the  showing  of  pyrotechnic  articles  not  in  conformity  with 
the  provisions  of  this  Directive,  provided  that  a  visible  sign  clearly  indicates  their 
non-conformity  and  their  non-availability  for  sale  until  brought  into  conformity  by 
the  manufacturer  or  by  his  authorized  representative  established  within  the 
Community.  During  such  events,  appropriate  safety  measures  shall  be  taken  in 
accordance  with  any  requirements  laid  down  by  the  competent  authority  of  the 
Member State concerned in order to ensure the safety of persons.  

Member  States  shall  not  prevent  the  free  movement  and  use  of  automotive 
pyrotechnic  articles  manufactured  for  the  purpose  of  research,  development  and 
testing  and  which  are  not  in  conformity  with  the  provisions  of  this  Directive, 
provided  that  a  visible  sign  clearly  indicates  their  non-conformity  and  their  non-
availability for sale. 

Article 7 

Age limits  

1. 

Pyrotechnic  articles  shall  not  be  sold  or  made  otherwise  available  to  consumers 
below the following age limits: 

a) 

Fireworks 

Category 1:  12 years. 

Category 2:  16 years. 

Category 3:  18 years. 

b)  Other pyrotechnic articles 

Category 1:  18 years. 

2. 

3. 

Member  States  may  increase  the  age  limits  under  paragraph  1  where  justified  on 
grounds of public security or safety. Member States may also lower the age limits for 
persons vocationally trained or undergoing such training. 

Manufacturers  and  distributors  shall  not  sell  or  otherwise  make  available  the 
following pyrotechnic articles except to persons with specialist knowledge only: 

(a) 

Fireworks of category 4, 

(b) 

Other pyrotechnic articles of category 2. 

EN 

15 

   EN 

 
Article 8 

Harmonised standards  

1. 

2. 

3. 

4. 

The  Commission  may,  in  accordance  with  the  procedures  laid  down  by  Directive 
98/34/EC,  request  the  European  standardisation  bodies  to  draw  up  or  revise 
European standards in support of this Directive. 

The  Commission  shall  publish  in  the  Official  Journal  of  the  European  Union  the 
references of such harmonised standards.  

Member  States  shall  consider  pyrotechnic  articles  falling  within  the  scope  of  this 
Directive  which  comply  with  the  relevant  harmonised  standards,  the  references  of 
which  have  been  published  in  the  Official  Journal  of  the European  Union,  to  be  in 
conformity with the essential safety requirements referred to in Article 4(1). 

When Member States adopt national transposition of the harmonised standards they 
shall publish the reference numbers of these transpositions. 

Where a Member State or the Commission considers that the harmonised standards 
referred  to  in  this  Article  do  not  fully  satisfy  the  essential  safety  requirements 
referred  to  in  Article  4(1),  the  Commission  or  the  Member  State  concerned  shall 
bring the matter before the Standing Committee set up by Directive 98/34/EC, giving 
its reasons. The Committee shall deliver its opinion without delay. In the light of the 
Committee's  opinion  the  Commission  shall  inform  the  Member  States  of  the 
measures to be taken regarding the harmonised standards and the publication referred 
to in paragraph 2. 

Article 9 

Conformity assessment procedures  

1. 

For  the  attestation  of  conformity  of  pyrotechnic  articles  the  Manufacturer  shall 
follow one of the following procedures:  

(a) 

EC type-examination (Module B) procedure referred to in Annex II (1), and, at 
the choice of the manufacturer, either: 

– 

– 

– 

– 

the  conformity 
Annex II (2), or 

to 

type  (Module  C)  procedure  referred 

to 

in 

the  production  quality  assurance  (Module  D)  procedure  referred  to  in 
Annex II (3), or 

the  product  quality  assurance  (Module  E)  procedure  referred  to  in 
Annex II (4), or 

the  product  verification  (Module  F)  procedure  referred 
Annex II (5); or 

to 

in 

EN 

16 

   EN 

 
(b) 

the unit verification (Module G) procedure referred to in Annex II (6). 

Article 10 

Notified bodies  

Member  States  shall  inform  the  Commission  and  the  other  Member  States  of  the 
bodies  which  they  have  appointed  to  carry  out  the  procedures  for  assessing  the 
conformity referred to in Article 9 together with the specific tasks which these bodies 
have  been  appointed  to  carry  out  and  the  identification  numbers  assigned  to  them 
beforehand by the Commission. 

The  Commission  shall  publish  on  the  Commission’s  Internet  web  site  a  list  of  the 
notified  bodies  and  their  identification  numbers  and  the  tasks  for  which  they  have 
been notified. The Commission shall ensure that this list is kept up to date. 

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. 

A Member State which has notified the Commission of a given body shall withdraw 
the notification if it discovers that that body no longer meets the criteria referred to in 
paragraph  3.  It  shall  immediately  inform  the  other  Member  States  and  the 
Commission accordingly.  

Article 11 

Obligation to affix CE marking  

After  having  completed  the  conformity  assessment  successfully  according  to 
Article 9, manufacturers shall affix the CE marking, in such a way as to be visible, 
legible and indelible on the pyrotechnic articles themselves or, if this is not possible, 
on  an  identification  plate  attached  thereto  or,  in  the  last  resort,  if  the  first  two 
methods  cannot  be  used,  on  the  packaging.  The  identification  plate  must  be  so 
designed as to make its reuse impossible. 

The  model  to  be  used  for  the  CE  marking  shall  be  in  accordance  with  Council 
Decision 93/465/EEC. 

Manufacturers  shall  not  affix  on  pyrotechnic  articles  any  marking  or  inscription 
which  may  confuse  third  persons  as  to  the  meaning  and  form  of  the  CE  marking. 
Any other marking may be affixed on pyrotechnic articles provided the visibility and 
legibility of the CE marking is not impaired.  

Where  pyrotechnic  articles  falling  within  the  scope  of  this  Directive  are  subject  to 
other European Union legislation which cover other aspects and prescribe the fixing 
of the CE marking, this marking shall indicate that the above mentioned products are 
also  presumed  to  conform  to  the  provisions  of  the  other  legislation  which  apply  to 
them. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

EN 

17 

   EN 

 
Article 12 

Labelling  

1. 

2. 

Manufacturers  shall  ensure  that  pyrotechnic  articles  are  properly  labelled  in  the 
official language(s) of the country in which the article is sold to the consumer. 

The  labelling  of  pyrotechnic  articles  shall  state  as  a  minimum,  the  name  of 
manufacturer  or  its  authorised  representative,  the  name  and  type  of  the  article, 
minimum  age  limits  as  indicated  in  Article  7  paragraphs  1  and  2,  the  relevant 
category and  instructions for use and,  where appropriate, safety  distance. Labelling 
shall  also  refer  to  the  Class/Division  (1.1-1.6)  of  the  substance  or  mixture  of 
substances  contained  in  the  article  in  accordance  with  the  UN/ADR  classification 
scheme  or  state  comparable  information  on  the  hazard  (mass  explosion  hazard, 
projection hazard, blast hazard, fire hazard). 

3. 

Fireworks shall additionally contain the following minimum information: 

Category 1:  where  appropriate:  “for  outdoor  use  only”  and  minimum  safety 

distance 

Category 2: 

“for  outdoor  use  only”  and,  where  appropriate,  minimum  safety 
distance(s) 

Category 3: 

“for outdoor use only” and minimum safety distance(s) 

Category 4: 

“for  use  by  person  with  specialist  knowledge  only”  and  minimum 
safety distance(s) 

If  the  pyrotechnic  article  does  not  provide  sufficient  space  for  the  labelling 
requirements referred to in paragraphs 2 and 3, the information shall be provided on 
the packaging. 

The  provisions  of  paragraphs  1  to  4  shall  not  apply  to  fireworks  of  category  4  and 
other  pyrotechnic  articles  of  category  2  which  are  being  publicly  displayed  by  the 
manufacturer. 

Article 13 

Market surveillance 

Member States shall take all appropriate measures to ensure that pyrotechnic articles 
falling  in  the  scope  of  this  Directive  may  be  placed  on  the  market  only  if,  when 
properly stored and used for their intended purpose, they do not endanger the health 
and safety of persons. 

Member  States  shall  organise  and  perform  appropriate  surveillance  of  products 
placed  on  the  market  taking  due  account  of  the  presumption  of  the  conformity  of 
products bearing the CE marking.  

4. 

5. 

1. 

2. 

EN 

18 

   EN 

 
3. 

Where a Member State ascertains that products covered by this Directive, bearing the 
CE  marking,  accompanied  by  the  EC  declaration  of  conformity  and  used  in 
accordance with its intended purpose, is liable to compromise the health and safety 
of persons it shall take all appropriate provisional measures to withdraw such product 
from the market, to prohibit the placing on the market or to restrict free movement 
thereof.  The  Member  State  shall  inform  the  Commission  and  the  other  Member 
States of this. 

Article 14 

Rapid information on products presenting serious risks 

Where  a  Member  State  has  sufficient  reasons  to  believe  that  a  product  covered  by  this 
Directive presents a serious risk that could compromise the health and/or safety of persons in 
the European Union, it shall inform the Commission and the other Member States thereof and 
shall  perform  an  appropriate  evaluation.  It  shall  inform  the  Commission  and  the  other 
Member States of the background for and of the results of the evaluation.  

Article 15 

Safeguard clause 

1. 

2. 

3. 

4. 

Where a Member State has justifiable grounds for believing that a pyrotechnic article 
is  not  in  conformity  with  the  requirements  of  this  Directive  it  shall,  in  the 
information  procedure  referred  to  in  Article  13,  paragraph  3  and  14,  indicate  the 
reasons for its decision and, in particular whether the non-conformity is due to: 

(a) 

failure to satisfy the essential requirements referred to in Article 4 (1); 

(b) 

incorrect application of the harmonised standards referred to in Article 8; 

(c) 

shortcomings in the harmonised standards themselves referred to in Article 8. 

The  Commission  shall  enter  into  consultation  with  the  parties  concerned  without 
delay. The Commission shall consider, after this consultation, if the measures taken 
by the Member State are justified or not, and it shall communicate its opinion to the 
Member  State  which  took  the  initiative,  the  other  Member  States,  and  the 
manufacturer or his authorised representative. 

Where  the  measures  referred  to  in  paragraph  1  are  based  on  a  shortcoming  in  the 
harmonised  standards,  the  Commission  shall  refer  the  matter  to  the  committee 
instituted  by  Directive  98/34/EC  if  the  Member  State  at  the  origin  of  the  measures 
maintains  its  position,  and  the  Commission  or  the  Member  State  shall  initiate  the 
procedure referred to in Article 8.  

Where  a  pyrotechnic  article  does  not  conform  and  bears  the  CE  marking,  the 
competent  Member  State  shall  take  appropriate  action  against  whoever  has  affixed 
the marking and shall so inform the Commission. The Commission shall inform the 
other Member States. 

EN 

19 

   EN 

 
5. 

The Commission shall ensure that Member States are kept informed of the progress 
and outcome of the procedure. 

Article 16 

Measures entailing refusal or restriction 

1. 

Any measure taken, pursuant to this Directive, 

(a) 

to prohibit or restrict the placing on the market of a product; or 

(b) 

to withdraw a product from the market, shall state the exact grounds on which 
it  is  based.  Such  measures  shall  be  notified  without  delay  to  the  party 
concerned, who shall at the same time be informed of the remedies available to 
him under the national law in force in 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 Article 16(1), the manufacturer should have 
an opportunity to put forward his viewpoint in advance, unless such consultation is 
not  possible  because  of  the  urgency  of  the  measure  to  be  taken,  as  justified  in 
particular by public health or safety requirements. 

Article 17 

Implementing measures 

Where  necessary,  the  following  measures  for  the  implementation  of  this  Directive  shall  be 
adopted in accordance with the procedure referred to in Article 18(2); 

– 

– 

– 

– 

1. 

2. 

Adaptations necessary to take account of any future amendments to United Nations 
recommendations. 

Adaptations to technical progress of Annexes 2 and 3. 

The setting up of a register of European Union registration numbers for pyrotechnic 
articles that will make it easier to identify pyrotechnic articles and their manufacturer 
or the authorised representative in case of accidents through malfunctioning.  

Other measures needed for the efficient implementation of this Directive. 

Article 18 

Committee 

The Commission shall be assisted by a committee.  

Where  reference  is  made  to  this  paragraph,  Articles  4  and  7  of  Decision 
1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8  thereof.  The 
period laid down in Article 5(6) of Decision 99/468/EC shall be set at three months. 

EN 

20 

   EN 

 
3. 

The committee shall adopt its rules of procedure. 

Article 19 

Sanctions 

1. 

No later than […]13 of this Directive, Member States shall establish appropriate legal 
or  administrative  measures  in  order  to  deal  with  any  infringement  of  this  Directive 
and dissuasive, effective and proportionate sanctions for any such infringement. 

Member  States  shall  include  measures  allowing  them  to  detain  consignments  of 
pyrotechnic articles that fail to comply with this Directive. 

2. 

They shall immediately inform the Commission thereof. 

Article 20 

Transposition  

Member States shall adopt and publish, by […]14 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  those  provisions  by  […]15  for  fireworks  and  by  […]16  for  other 
pyrotechnic articles. 

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

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. 

National  authorisations  granted  before  the  date  indicated  in  paragraph  2  shall 
continue  to  be  valid  on  the  territory  of  the  Member  State  having  granted  the 
authorisation until their expiry date or up to 10 years from the entry into force of the 
Directive, whichever is the shorter. 

By  way  of  derogation  to  the  paragraph  5,  national  authorisations  for  automotive 
pyrotechnic articles granted before the date indicated in paragraph 2 shall continue to 
be valid until their expiry. 

18 months after the entry into force 
18 months after publication of the Directive 
24 months after publication of the Directive 
5 years after the publication of the Directive 

1. 

2. 

3. 

4. 

5. 

6. 

13 
14 
15 
16 

EN 

21 

   EN 

 
                                                 
Article 21 

Entry into force 

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

Article 22 

Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

22 

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ANNEX I 

ESSENTIAL SAFETY REQUIREMENTS 

(1) 

(2) 

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

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

(3) 

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

The following information and properties - where applicable - must be considered or tested. 
Each pyrotechnic article should 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. 

(a)  Design,  construction  and  characteristic  properties, 
composition (mass and percentage of substances used) and dimensions. 

including  detailed  chemical 

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

(c) Sensitiveness to normal, foreseeable handling and transportation. 

(d) Compatibility of all components as regards their chemical stability.  

(e) Resistance of the pyrotechnic article against influence of water where it is intended to be 
used in humid or wet conditions and where its safety or reliability may be adversely affected 
by water. 

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

(g) Safety features intended to prevent untimely or inadvertent initiation or ignition. 

(h) Suitable instructions and, where necessary, markings in respect of safe handling, storage, 
use  (including  safety  distances)  and  disposal  in  the  official  language  or  languages  of  the 
recipient Member State. 

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

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

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

EN 

23 

   EN 

 
(4) 

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

A. Fireworks 

a)  The  manufacturer  shall  assign  fireworks  to  different  categories  according  to  Article 3 
characterised by net explosive content, safety distances, sound level, or similar. The category 
shall be clearly indicated on the label. 

b) Fireworks may only contain construction materials which minimise risk to health, property 
and environment from debris. 

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

d) Fireworks shall not move in an erratic and unforeseeable manner. 

e) Fireworks of category 1, 2 and 3 must be protected against inadvertent ignition either by a 
protective cover, by the packaging, or by the construction of the article. Fireworks of category 
4 must be protected against inadvertent ignition by methods specified by the manufacturer. 

B. Other pyrotechnic articles 

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

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

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

d)  Where  appropriate,  the  pyrotechnic  article  shall  function  properly  until  the  ‘use  by’  date 
specified by the manufacturer 

C. Ignition devices 

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

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

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

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

EN 

24 

   EN 

 
e) The parameters for the burning times of fuses must be provided with the article. 

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

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

EN 

25 

   EN 

 
ANNEX II  

CONFORMITY ASSESSMENT PROCEDURES 

1. MODULE B: EC type-examination 

1. This module describes that part of the procedure by which a notified body ascertains and 
attests  that  an  example,  representative  of  the  production  envisaged,  meets  the  relevant 
provisions of the Directive. 

2.  The  application  for  EC  type-examination  is  lodged  by  the  manufacturer  with  a  notified 
body of his choice.  

The application must include:  

- the name and address of the manufacturer,  

- a written declaration that the same application has not been lodged with any other notified 
body, 

- the technical documents, as described in Section 3. 

The applicant must place at the disposal of the notified body an example representative of the 
production  envisaged,  hereinafter  called  'type'.  The  notified  body  may  request  further 
examples if needed for carrying out the test programme.  

3.  The  technical  documents  must  enable  the  conformity  of  the  appliance  with  the 
requirements  of  the  Directive  to  be  assessed.  They  must,  as  far  as  is  relevant  for  such 
assessment, cover the design, manufacture and operation of the appliance and contain as far as 
is relevant for assessment:  

- a general type-description, 

-  conceptual  design  and  manufacturing  drawings  and  diagrams  of  components,  sub-
assemblies, circuits, etc., 

- descriptions and explanations necessary for the understanding of the drawings and diagrams 
and the operation of the product,  

-  a  list  of  the  harmonised  standards  referred  to  in  Article  8,  applied  in  full  or  in  part,  and 
descriptions of the solutions adopted to meet the essential safety requirements of the Directive 
where the harmonised standards referred to in Article 8 have not been applied, 

- results of design calculations made, examinations carried out, etc., 

- test reports. 

4. The notified body must:  

4.1.  examine  the  technical  documents,  verify  that  the  type  has  been  manufactured  in 
conformity  with  those  documents  and  identify  the  elements  which  have  been  designed  in 
accordance with the relevant provisions of the harmonised standards referred to in Article 8 as 

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well as the components which have been designed without applying the relevant provisions of 
those harmonised standards;  

4.2.  perform  or  have  performed  the  appropriate  examinations  and  necessary  tests  to  check 
whether, where the harmonised standards referred to in Article 8 have not been applied, the 
solutions adopted by the manufacturer meet the essential safety requirements of the Directive;  

4.3.  perform  or  have  performed  the  appropriate  examinations  and  necessary  tests  to  check 
whether, where the manufacturer has chosen to apply the relevant harmonised standards, these 
have actually been applied; 

4.4. agree with the applicant the location where the examinations and necessary tests are to be 
carried out. 

5. Where the type meets the relevant provisions of this Directive, the notified body issues an 
EC  type-examination  certificate  to  the  applicant.  The  certificate  contains  the  name  and 
address  of  the  manufacturer,  the  conclusion  of  the  examination  and  necessary  data  for 
identification of the approved type. 

A list of the relevant parts of the technical documents is annexed to the certificate and a copy 
kept by the notified body. 

If  the  manufacturer  is  refused  a  type  certificate,  the  notified  body  must  provide  detailed 
reasons for such refusal. 

Provision must be made for an appeals procedure. 

6. The applicant informs the notified body that holds the technical documents concerning the 
EC  type-examination  certificate  of  all  modifications  to  the  approved  appliance  which  must 
receive additional approval where such changes may affect the conformity with the essential 
requirements or the prescribed conditions for use of the product. This additional approval is 
given in the form of an addition to the original EC type-examination certificate. 

7. Each notified body must communicate to the other notified bodies the relevant information 
concerning the EC type-examination certificates and additions issued and withdrawn. 

8. The other notified bodies may receive copies of the EC type-examination certificates and/or 
their  additions.  The  Annexes  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 
certificates  and  their  additions  for  a  period  of  at  least  10  years  after  the  last  date  of 
manufacture of the product 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 Community market. 

2. MODULE C: Conformity to type 

1.  This  module  describes  that  part  of  the  procedure  whereby  the  manufacturer  ensures  and 
declares that the pyrotechnic articles concerned are in conformity with the type as described 

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in the EC type-examination certificate and satisfy the requirements of this Directive that apply 
to them. The manufacturer must affix the CE marking to each pyrotechnic article and draw up 
a written declaration of conformity. 

2.  The  manufacturer  must  take  all  measures  necessary  to  ensure  that  the  manufacturing 
process assures the conformity of the manufactured product with the type as described in the 
EC type-examination certificate with the essential safety requirements of the Directive. 

3. The manufacturer must keep a copy of the declaration of conformity for a period of at least 
10 years after the last date of manufacture of the product 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 Community market. 

4. A notified body chosen by the manufacturer must perform or have performed examinations 
of the product at random intervals. A suitable sample of the finished products, taken on the 
spot  by  the  notified  body,  is  examined  and  appropriate  tests,  defined  in  the  applicable 
harmonised  standard  referred  to  in  Article  8  or  equivalent  tests  are  carried  out  to  check  the 
conformity of the product with the requirements of the corresponding Directive. In the event 
of one or more samples of the products examined not conforming, the notified body must take 
the appropriate measures. 

Under  the  responsibility  of  the  notified  body  the  manufacturer  shall  affix  the  identification 
number of that body during the manufacturing process. 

3. MODULE D: Production quality assurance 

1.  This  module  describes  the  procedure  whereby  the  manufacturer  who  satisfies  the 
obligations  of  Section  2  ensures  and  declares  that  the  pyrotechnic  articles  concerned  are  in 
conformity with the type as described in the EC type-examination certificate and satisfy the 
requirements of this Directive. The manufacturer affixes the CE marking to each article and 
draws  up  a  written  declaration  of  conformity.  The  CE  marking  is  accompanied  by  the 
identification number of the notified body responsible for the checks referred to in Section 4. 

2.  The  manufacturer  must  operate  an  approved  quality  system  for  production,  final  product 
inspection  and  testing  as  specified  in  Section  3.  He  is  subject  to  the  checks  referred  to  in 
Section 4. 

3. Quality system 

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

The application must include: 

- all relevant information for the pyrotechnic article category envisaged, 

- the documents concerning the quality system, 

-  the  technical  documents  pertaining  to  the  approved  type  and  a  copy  of  the  EC  type-
examination certificate. 

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3.2.  The  quality  system  must  ensure  conformity  of  pyrotechnic  articles  with  the  type  as 
described in the EC type-examination certificate and with the requirements of this Directive 
that apply to them. 

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

It must contain in particular an adequate description of: 

-  the  quality  objectives  and  the  organisational  structure,  responsibilities  and  powers  of  the 
management with regard to the quality of the pyrotechnic articles, 

-  the  manufacturing,  quality  control  and  quality  assurance  techniques,  processes  and 
systematic actions that will be used, 

- the examinations and tests that will be carried out before, during and after manufacture, and 
the frequency with which they will be carried out, 

-  the  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data,  qualification 
reports of the personnel concerned, etc., 

- the means of monitoring the achievement of the required quality of pyrotechnic articles and 
the effective operation of the quality system. 

3.3.  The  notified  body  must  assess  the  quality  system  to  determine  whether  it  satisfies  the 
requirements referred to in section 3.2. It must presume conformity with those requirements in 
respect  of  quality  systems  that  implement  the  relevant  harmonised  standard.  The  auditing 
team  must  have  at  least  one  member  with  experience  of  assessing  the  relevant  product 
technology.  The  assessment  procedure  includes  an  inspection  visit  to  the  manufacturer's 
premises. 

The decision is notified to the manufacturer. The notification must contain the conclusions of 
the examination and the duly substantiated assessment decision. 

3.4.  The  manufacturer  must  undertake  to  fulfil  the  obligations  arising  out  of  the  quality 
system as approved and maintain it at an adequate and efficient level. 

The manufacturer must keep the notified body that has approved the quality system informed 
of any proposed change in the quality system. 

The  notified  body  must  assess  the  changes  proposed  and  decide  whether  the  altered  quality 
system will still satisfy the requirements referred to in section 3.2 or whether reassessment is 
required. 

It must notify the manufacturer of its decision. The notification must contain the conclusions 
of the examination and the substantiated assessment decision. 

4. Monitoring under the responsibility of the notified body 

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

4.2  The  manufacturer  must  allow  the  notified  body  access  for  inspection  purposes  to  the 
manufacturing,  inspection,  testing  and  storage  premises  and  provide  it  with  all  necessary 
information, in particular: 

- the quality system documents, 

-  the  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data,  qualification 
reports of the personnel concerned, etc. 

4.3. The notified body must periodically carry out audits to make sure that the manufacturer 
maintains and applies the quality system and provides an audit report to the manufacturer. 

4.4. Additionally the notified body may pay unannounced visits to the manufacturer. During 
such  visits  the  notified  body  may  carry  out  tests  or  have  them  carried  out  to  verify  that  the 
quality  system  is  functioning  correctly;  if  necessary,  the  notified  body  must  provide  the 
manufacturer with a visit report and, if a test has taken place, with a test report. 

5. The manufacturer must, for a period of at least 10 years after the last date of manufacture of 
the product, keep at the disposal of the national authorities:  

- the document referred to in the second indent of section 3.1,  

- the updating referred to in second paragraph of section 3.4,  

- the decisions and reports from the notified body which are referred to in the final paragraph 
of section 3.4, and in sections 4.3 and 4.4. 

6. Each notified body must give the other notified bodies the relevant information concerning 
the quality system approvals issued and withdrawn. 

4. MODULE E: Product quality assurance 

1.  This  module  describes  the  procedure  whereby  the  manufacturer  who  satisfies  the 
obligations of Section 2 ensures  and declares that the pyrotechnic articles are in conformity 
with  the  type  as  described  in  the  EC  type-examination  certificate.  The  manufacturer  must 
affix the CE marking to each article and draw up a written declaration of conformity. The CE 
marking must be accompanied by the identification number of the notified body responsible 
for the checks referred to in Section 4.  

2.  The  manufacturer  must  operate  an  approved  quality  system  for  final  pyrotechnic  article 
inspection and testing as specified in Section 3. He must be subject to the checks referred to in 
Section 4. 

3. Quality system 

3.1.  The  manufacturer  lodges  an  application  with  a  notified  body  of  his  choice  for  the 
assessment of the quality system for his pyrotechnic articles. 

The application must include: 

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- all relevant information for the pyrotechnic category envisaged, 

- the quality system's documentation, 

-  the  technical  documents  pertaining  to  the  approved  type  and  a  copy  of  the  EC  type-
examination certificate. 

3.2. Under  the quality system, each  pyrotechnic article is examined and  appropriate  tests as 
defined in the relevant harmonised standard(s) referred to in Article 8 or equivalent tests are 
carried out in order to verify its conformity with the relevant requirements of the Directive. 
All  the  elements,  requirements  and  provisions  adopted  by  the  manufacturer  must  be 
documented  in  a  systematic  and  orderly  manner  in  the  form  of  written  policies,  procedures 
and  instructions.  This  quality  system  documentation  must  enable  the  quality  programmes, 
plans, manuals and records to be interpreted in a uniform manner. 

It must in particular contain an adequate description of: 

-  the  quality  objectives  and  the  organisational  structure,  responsibilities  and  powers  of  the 
management with regard to product quality, 

- the examination and tests that will be carried out after manufacture, 

- the means of monitoring the effective operation of the quality system,  

-  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data,  qualification 
reports of the personnel concerned, etc. 

3.3.  The  notified  body  must  assess  the  quality  system  to  determine  whether  it  satisfies  the 
requirements referred to in section 3.2. It must presume conformity with these requirements in 
respect of quality systems that implement the relevant harmonised standard. 

The auditing team must have at least one member with experience of assessing the relevant 
product  technology.  The  assessment  procedure  must  include  an  inspection  visit  to  the 
manufacturer's premises. 

The  manufacturer  must  be  notified  of  the  decision.  The  notification  must  contain  the 
conclusions of the examination and the substantiated assessment decision. 

3.4.  The  manufacturer  must  undertake  to  fulfil  the  obligations  arising  out  of  the  quality 
system as approved and maintain it at an adequate and efficient level.  

The  manufacturer  must  keep  the  notified  body  which  has  approved  the  quality  system 
informed  of  any  proposed  change  in  the  quality  system.  The  notified  body  must  assess  the 
changes  proposed  and  decide  whether  the  altered  quality  system  will  still  satisfy  the 
requirements referred to in section 3.2 or whether a reassessment  is required. It must  notify 
the  manufacturer  of  its  decision.  The  notification  must  contain  the  conclusions  of  the 
examination and the substantiated assessment decision. 

4. Monitoring under the responsibility of the notified body 

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

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

- the quality system documentation, 

- the technical documents, 

-  the  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data,  qualification 
reports of the personnel concerned, etc. 

4.3.  The  notified  body  must  periodically  carry  out  audits  to  ensure  that  the  manufacturer 
maintains and applies the quality system and must provide an audit report to the manufacturer.  

4.4. Additionally, the notified body may pay unannounced visits to the manufacturer. During 
such  visits  the  notified  body  may  carry  out  tests  or  have  them  carried  out  to  verify  that  the 
quality  system  is  functioning  correctly;  if  necessary,  the  notified  body  must  provide  the 
manufacturer with a visit report and, if a test has been carried out, with a test report. 

5. The manufacturer must for a period of at least 10 years after the last date of manufacture of 
the product keep at the disposal of the national authorities:  

- the documents referred to in the second indent of section 3.1,  

- the changes referred to in the second paragraph of section 3.4,  

- the decisions and reports from the notified body which are referred to in the final paragraph 
of section 3.4, and in sections 4.3 and 4.4.  

6.  Each  notified  body  must  forward  to  the  other  notified  bodies  the  relevant  information 
concerning the quality system approvals issued and withdrawn. 

5. MODULE F: Product verification 

1.  This  module  describes  the  procedure  whereby  a  manufacturer  checks  and  attests  that  the 
pyrotechnic articles subject to the provisions of section 3 are in conformity with the type as 
described in the EC type-examination certificate and satisfy the relevant requirements of the 
Directive.  

2. The manufacturer shall take all measures necessary in order that the manufacturing process 
ensures  conformity  of  the  pyrotechnic  articles  with  the  type  as  described  in  the  EC  type-
examination certificate and with the requirements of the Directive that apply to them. He shall 
affix  the  CE  marking  to  each  pyrotechnic  article  and  shall  draw  up  a  declaration  of 
conformity.  

3. The notified body shall carry out the appropriate examinations and tests in order to check 
the  conformity  of  the  pyrotechnic  article  with  the  relevant  requirements  of  the  Directive  by 
examination and testing of every article as specified in section 4. 

The  manufacturer  shall  keep  a  copy  of  the  declaration  of  conformity  for  a  period  ending  at 
least 10 years after the last pyrotechnic article has been manufactured.  

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4. Verification by examination and testing of every pyrotechnic article 

4.1. All pyrotechnic articles shall be individually examined and appropriate tests as set out in 
the relevant harmonised standard(s) referred to in Article 8 or equivalent tests shall be carried 
out  in  order  to  verify  their  conformity  with  the  relevant  type  and  requirements  of  the 
Directive. 

4.2.  The  notified  body  shall  affix,  or  cause  to  be  affixed,  its  identification  number  to  each 
approved  pyrotechnic  article  and  draw  up  a  written  certificate  of  conformity  relating  to  the 
tests carried out.  

4.3. The manufacturer shall ensure that he is able to supply the notified body's certificates of 
conformity on request.  

6. MODULE G: Unit verification 

1. This module describes the procedure whereby the manufacturer ensures and declares that 
the  pyrotechnic  article  which  has  been  issued  with  the  certificate  referred  to  in  Section  2 
conforms to the relevant requirements of the Directive. The manufacturer must affix the CE 
marking to the article and draw up a declaration of conformity.  

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, or equivalent tests, to 
ensure its conformity with the relevant requirements of the Directive.  

The notified body must affix, or cause to be affixed, its identification number on the approved 
pyrotechnic article and draw up a certificate of conformity concerning the tests carried out. 

3. The aim of the technical documents is to enable conformity with the requirements of the 
Directive to be assessed and the design, manufacture and operation of the pyrotechnic article 
to be understood.  

The documents must contain, in so far as is necessary for the assessment: 

- a general description of the type, 

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

-  descriptions  and  explanations  necessary  for  the  understanding  of  the  said  drawings  and 
schemes and the operation of the pyrotechnic article,  

-  a  list  of  the  harmonised  standards  referred  to  in  Article  8,  applied  in  full  or  in  part,  and 
descriptions of the solutions adopted to meet the essential safety requirements of the Directive 
where the harmonised standards referred to in Article 8 have not been applied,  

- results of design calculations made, examinations carried out, etc., 

- test reports.  

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ANNEX III  

MINIMUM CRITERIA TO BE TAKEN INTO ACCOUNT BY MEMBER STATES 
FOR THE BODIES RESPONSIBLE OF CONFORMITY ASSESSMENTS 

1. The body, its director and the staff responsible for carrying out the verification tests shall 
not  be  the  designer,  manufacturer,  supplier  or  installer  of  pyrotechnic  articles  which  they 
inspect, nor the authorised representative of any of these parties. They shall not become either 
involved  directly  or  as  authorised  representatives  in  the  design,  construction,  marketing  or 
maintenance of such articles. This does not preclude the possibility of exchanges of technical 
information between the manufacturer and the body.  

2.  The  body  and  its  staff  shall  carry  out  the  verification  tests  with  the  highest  degree  of 
professional  integrity  and  technical  competence  and  shall  be  free  from  all  pressures  and 
inducements,  particularly  financial,  which  might  influence  their  judgement  or  the  results  of 
the inspection, especially from persons or groups of persons with an interest in the result of 
verifications.  

3. The body shall have at its disposal the necessary staff and possess the necessary facilities to 
enable  it  to  perform  properly  the  administrative  and  technical  tasks  connected  with 
verification; it shall also have access to the equipment required for special verification. 

4. The staff responsible for inspection shall have:  

- sound technical and professional training, 

-  satisfactory  knowledge  of  the  requirements  of  the  tests  they  carry  out  and  adequate 
experience of such tests, 

-  the  ability  to  draw  up  the  certificates,  records  and  reports  required  to  authenticate  the 
performance of the tests.  

5.  The  impartiality  of  inspection  staff  shall  be  guaranteed.  Their  remuneration  shall  not 
depend on the number of tests carried out or on the results of such tests. 

6. The body shall take out civil liability insurance unless its liability is assumed by the State in 
accordance with national law, or the Member State itself is directly responsible for the tests. 

7.  The  staff  of  the  body  shall  be  bound  to  observe  professional  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  activities  are  carried  out)  under  this  Directive  or  any 
provision of national law giving effect to it. 

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ANNEX IV 

CONFORMITY MARKING 

The CE conformity marking shall consist of the initials 'CE' taking the following form:  

If the marking is reduced or enlarged the proportions given in the above graduated drawing 
must be respected. 

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