Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the harmonisation of the laws of the Member States relating to the   making available on the market  of pyrotechnic articles
Date: 2011-11-21
Institutions: European Commission
Subjects: approximation of laws, fireworks, free movement of goods, harmonisation of standards, market supervision, marketing, product safety, single market

EUROPEAN COMMISSION 

Brussels, 21.11.2011 
COM(2011) 764 final 

2011/0358 (COD) 

NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE 
(Implementation of the Goods Package) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

(Recast) 

(Text with EEA relevance) 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

General context, reasons for and objectives of this proposal 

This proposal is presented in the framework of the implementation of the “goods package” 
adopted  in  2008.  It  is  part  of  a  package  of  proposals  aligning  ten  product  directives  to 
Decision No 768/2008/EC establishing a common framework for the marketing of products. 

Union (EU) harmonisation legislation ensuring the free movement of products has contributed 
considerably to the completion and operation of the Single Market. It is based on a high level 
of  protection  and  provides  economic  operators  with  the  means  to  demonstrate  conformity, 
thus ensuring free movement through trust in the products. 

Directive  2007/23/EC  of  the  European  Parliament  and  of  the  Council  on  the  placing  on  the 
market of pyrotechnic articles is an example of that Union harmonisation legislation, ensuring 
the  free  movement  of  pyrotechnic  articles.  It  sets  out  essential  safety  requirements  that 
pyrotechnic  articles  must  comply  with  in  order  to  be  made  available  on  the  EU  market. 
Manufacturers  must  demonstrate  that  a  pyrotechnic  article  has  been  designed  and 
manufactured in compliance with the essential safety requirements and affix the CE marking. 

Experience  with  the  implementation  of  Union  harmonisation  legislation  has  shown  –  on  a 
cross-sector  scale  –  certain  weaknesses  and  inconsistencies  in  the  implementation  and 
enforcement of this legislation, leading to: 

– 

– 

– 

– 

– 

the presence of non-compliant or dangerous products on the market and consequently 
a certain lack of trust in CE marking; 

competitive disadvantages for economic operators complying with the legislation as 
opposed to those circumventing the rules; 

unequal  treatment  in  the  case  of  non-compliant  products  and  distortion  of 
competition amongst economic operators due to different enforcement practices; 

differing  practices  in  the  designation  of  conformity  assessment  bodies  by  national 
authorities; 

problems with the quality of certain notified bodies. 

Furthermore the regulatory environment has become more and more complex, as frequently 
the  same  product. 
several  pieces  of 
Inconsistencies  in  these  pieces  of  legislation  make  it  increasingly  difficult  for  economic 
operators and authorities to correctly interpret and apply that legislation. 

legislation  apply  simultaneously 

to  one  and 

To remedy these horizontal shortcomings in Union harmonisation legislation observed across 
several industrial sectors, the “New Legislative Framework” was adopted in 2008 as part of 
the  goods  package.  Its  objective  is  to  strengthen  and  complete  the  existing  rules  and  to 
improve  practical  aspects  of  their  application  and  enforcement.  The  New  Legislative 
instruments,  Regulation  (EC) 
two  complementary 
Framework  (NLF)  consists  of 

EN 

2 

   EN 

 
No 765/2008  on  accreditation  and  market  surveillance  and  Decision  No  768/2008/EC 
establishing a common framework for the marketing of products. 

The  NLF  Regulation  has  introduced  rules  on  accreditation  (a  tool  for  the  evaluation  of 
competence  of  conformity  assessment  bodies)  and  requirements  for  the  organisation  and 
performance  of  market  surveillance  and  controls  of  products  from  third  countries.  Since 
1 January 2010 these rules apply directly in all Member States. 

The NLF Decision sets out a common framework for EU product harmonisation legislation. 
This  framework  consists  of  the  provisions  which  are  commonly  used  in  EU  product 
legislation  (e.g.  definitions,  obligations  of  economic  operators,  notified  bodies,  safeguard 
mechanisms,  etc).  These  common  provisions  have  been  reinforced  to  ensure  that  the 
directives  can  be  applied  and  enforced  more  effectively  in  practice.  New  elements,  such  as 
obligations on importers, have been introduced, which are crucial for improving the safety of 
products on the market. 

The provisions of the NLF Decision and those of the NLF Regulation are complementary and 
closely  interlinked.  The  NLF  Decision  contains  the  corresponding  obligations  for  economic 
operators  and  notified  bodies  allowing  market  surveillance  authorities  and  authorities 
responsible  for  notified  bodies  to  properly  perform  the  tasks  imposed  on  them  by  the  NLF 
Regulation and to ensure an effective and consistent enforcement of EU product legislation.  

However,  unlike  the  NLF  Regulation,  the  provisions  of  the  NLF  Decision  are  not  directly 
applicable.  To  ensure  that  all  economic  sectors  subject  to  Union  harmonisation  legislation 
benefit  from  the  improvements  of  the  NLF,  the  provisions  of  the  NLF  Decision  need  to  be 
integrated into the existing product legislation. 

A survey after  the adoption  of  the  goods package  in  2008  showed  that a  majority  of  Union 
harmonisation legislation on products was due to be revised within the following 3 years, not 
only  to  address  the  problems  observed  throughout  all  sectors  but  also  for  sector-specific 
reasons.  Any  such  revision  would  automatically  include  an  alignment  of  the  legislation 
concerned to the NLF Decision since Parliament, Council and Commission have committed 
themselves to use its provisions as much as possible in future legislation on products in order 
to further the utmost coherence of the regulatory framework. 

For a number of other Union harmonisation directives, including Directive 2007/23/EC on the 
placing  on  the  market  of  pyrotechnic  articles  no  revision  for  sector-specific  problems  had 
been  envisaged  within  this  timeframe.  To  ensure  that  the  problems  in  relation  to  non-
compliance and notified bodies are nevertheless addressed in these sectors, and for the sake of 
consistency of the overall regulatory environment on products, it was decided to align these 
directives within a package to the provisions of the NLF Decision. 

Consistency with other policies and objectives of the Union 

This initiative is in line with the Single Market Act1, which has stressed the need to restore 
consumer  confidence  in  the  quality  of  products  on  the  market  and  the  importance  of 
reinforcing market surveillance. 

1 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  Economic  and 
Social Committee and the Committee of the Regions, COM(2011) 206 final. 

EN 

3 

   EN 

 
                                                 
Furthermore it supports the Commission’s policy on Better Regulation and simplification of 
the regulatory environment. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

Consultation of interested parties 

The alignment of Directive 2007/23/EC on the placing on the market of pyrotechnic articles 
to  the  NLF  Decision  has  been  discussed  with  the  national  experts  responsible  for  the 
implementation  of  this  Directive  in  the  pyrotechnics  working  group,  the  forum  of  notified 
bodies as well as in bilateral meetings with industry associations. 

From June to October 2010 a public consultation was organised that comprised all the sectors 
involved in this initiative. It consisted of four targeted questionnaires for economic operators, 
authorities, notified bodies and users and the Commission services received 300 replies. The 
results are published at: 

http://ec.europa.eu/enterprise/policies/single-market-goods/regulatory-policies-common-
rules-for-products/new-legislative-framework/index_en.htm 

In addition to the general consultation a specific SME consultation was carried out. 603 SMEs 
were  consulted  through  the  Enterprise  Europe  Network  in  May/June  2010.  The  results  are 
available  at  http://ec.europa.eu/enterprise/policies/single-market-goods/files/new-legislative-
framework/smes_statistics_en.pdf 

The consultation process revealed widespread support for the initiative. There is unanimity on 
the need to improve market surveillance and the system for assessing and monitoring Notified 
Bodies.  Authorities  fully  support  the  exercise  because  it  will  strengthen  the  existing  system 
and  improve  cooperation  at  EU  level.  Industry  expects  a  more  level  playing  field  resulting 
from more effective actions against products that do not comply with the legislation, as well 
as a simplification effect from the alignment of legislation. Certain concerns were expressed 
on some obligations which are, however, indispensable for increasing the efficiency of market 
surveillance.  These  measures  will  not  entail  significant  costs  for  industry,  and  the  benefits 
resulting from improved market surveillance should by far outweigh the costs. 

Collection and use of expertise 

The  impact  assessment  for  this  implementation  package  has  largely  built  on  the  impact 
assessment  carried  out  for  the  New  Legislative  Framework.  In  addition  to  the  expertise 
collected  and  analysed  in  that  context,  further  consultation  of  sector-specific  experts  and 
interest  groups,  as  well  as  horizontal  experts  active  in  the  area  of  technical  harmonisation, 
conformity assessment, accreditation and market surveillance, has taken place. 

Impact assessment 

Based on the information collected, the Commission carried out an impact assessment which 
examined and compared three options. 

EN 

4 

   EN 

 
Option 1 – No changes to the current situation 

This  option  proposes  no  changes  to  the  current  directive  and  relies  exclusively  on  certain 
improvements that can be expected from the NLF Regulation. 

Option 2 – Alignment to the NLF Decision by non-legislative measures 

Option 2 considers the possibility of encouraging a voluntary alignment to the provisions set 
out in the NLF Decision by, e.g., presenting them as best practices in guidance documents. 

Option 3 – Alignment to NLF Decision by legislative measures 

This  option  consists  in  integrating  the  provisions  of  the  NLF  Decision  into  the  existing 
directives. 

Option 3 was found to be the preferred option because: 

– 

– 

– 

– 

– 

it  will  improve  the  competitiveness  of  companies  and  notified  bodies  taking  their 
obligations seriously, as opposed to those cheating on the system; 

it will improve the functioning of the internal market by ensuring equal treatment of 
all economic operators, notably importers and distributors, as well as notified bodies; 

it  does  not  entail  significant  costs  for  economic  operators  and  notified  bodies;  for 
those who are already acting responsibly, no extra costs or only negligible costs are 
expected; 

it  is  considered  more  effective  than  option  2:  due  to  the  lack  of  enforceability  of 
option  2  it  is  questionable  that  the  positive  impacts  would  materialise  under  that 
option; 

options  1  and  2  do  not  provide  answers  to  the  problem  of  inconsistencies  in  the 
regulatory framework and therefore have no positive impact on the simplification of 
the regulatory environment. 

3. 

MAIN ELEMENTS OF THE PROPOSAL 

3.1. 

Horizontal definitions 

The  proposal  introduces  harmonised  definitions  of  terms  which  are  commonly  used 
throughout  Union  harmonisation  legislation  and  should  therefore  be  given  a  consistent 
meaning throughout that legislation. 

3.2. 

Obligations of economic operators and traceability requirements 

The  proposal  clarifies  the  obligations  of  manufacturers  and  introduces  obligations  for 
importers  and  distributors.  Importers  must  verify  that  the  manufacturer  has  carried  out  the 
applicable  conformity  assessment  procedure  and  has  drawn  up  a  technical  documentation. 
They  must  also  make  sure  with  the  manufacturer  that  this  technical  documentation  can  be 
made  available  to  authorities  upon  request.  Furthermore  importers  must  verify  that  the 
pyrotechnic  articles  are  correctly  marked  and  accompanied  by  instructions  and  safety 

EN 

5 

   EN 

 
information. They must keep a copy of the Declaration of conformity and indicate their name 
and  address  on  the  product,  or  where  this  is  not  possible  on  the  packaging  or  the 
accompanying documentation. Distributors must verify that the pyrotechnic article bears the 
CE  marking,  the  name  of  the  manufacturer  and  of  the  importer,  if  relevant,  and  that  it  is 
accompanied by the required documentation and instructions. 

Importers  and  distributors  must  cooperate  with  market  surveillance  authorities  and  take 
appropriate actions when they have supplied non-compliant pyrotechnic articles. 

Enhanced  traceability  obligations  are  introduced  for  all  economic  operators.  Pyrotechnic 
articles have to bear the manufacturer’s name and address and a number allowing to identify 
and link the article to its technical documentation. When a pyrotechnic article is imported the 
importer’s  name  and  address  must  also  be  on  the  pyrotechnic  article.  Furthermore  every 
economic operator must be able to identify towards authorities the economic operator who has 
supplied him with a pyrotechnic article or to whom he has supplied a pyrotechnic article. 

3.3. 

Harmonised standards 

Compliance  with  harmonised  standards  provides  a  presumption  of  conformity  with  the 
essential requirements. On 1 June 2011 the Commission adopted a proposal for a Regulation 
on  European  Standardisation2  that  sets  out  a  horizontal  legal  framework  for  European 
standardisation.  The  proposal  for  the  Regulation  contains  inter  alia  provisions  on 
standardisation requests from the Commission to the European Standardisation Organisations, 
on the procedure for  objections to harmonised standards  and on stakeholder participation in 
the  standardisation  process.  Consequently  the  provisions  of  Directive  2007/23/EC  which 
cover the same aspects have been deleted in this proposal for reasons of legal certainty. 

The  provision  conferring  presumption  of  conformity  to  harmonised  standards  has  been 
modified to clarify the extent of the presumption of conformity when standards only partially 
cover the essential requirements. 

3.4. 

Conformity assessment and CE marking 

Directive  2007/23/EC  on  the  placing  on  the  market  of  pyrotechnic  articles  has  selected  the 
appropriate conformity assessment procedures which manufacturers have to apply in order to 
demonstrate that their pyrotechnic articles comply with the essential safety requirements. The 
proposal aligns these procedures to their updated versions set out in the NLF Decision. 

General principles of the CE marking are set out in Article 30 of Regulation 765/2008, while 
the  detailed  provisions  on  the  affixing  of  the  CE  marking  to  pyrotechnic  articles  have  been 
inserted in this proposal. 

3.5. 

Notified Bodies 

The  proposal  reinforces  the  notification  criteria  for  notified  bodies.  It  clarifies  that 
subsidiaries or subcontractors must also comply with  the notification requirements. Specific 
requirements  for  notifying  authorities  are  introduced,  and  the  procedure  for  notification  of 
notified  bodies  is  revised.  The  competence  of  a  notified  body  must  be  demonstrated  by  an 
accreditation certificate. Where accreditation has not been used to evaluate the competence of 

2 

COM(2011) 315 final. 

EN 

6 

   EN 

 
                                                 
a  notified  body,  the  notification  must  comprise  the  documentation  demonstrating  how  the 
competence of that body has been evaluated. Member States will have the possibility to object 
to a notification. 

3.6.  Market surveillance and the safeguard clause procedure 

The  proposal  revises  the  existing  safeguard  clause  procedure.  It  introduces  a  phase  of 
information  exchange  between  Member  States,  and  specifies  the  steps  to  be  taken  by  the 
authorities  concerned,  when  a  non-compliant  pyrotechnic  article  is  found.  A  real  safeguard 
clause  procedure  –  leading  to  a  Decision  at  Commission  level  on  whether  a  measure  is 
justified  or  not  –  is  only  launched  when  another  Member  State  objects  to  a  measure  taken 
against a pyrotechnic article. Where there is no disagreement on the restrictive measure taken, 
all Member States must take the appropriate action on their territory. 

3.7. 

Sector specific issues 

Some  pyrotechnic  articles,  notably  automotive  pyrotechnic  articles  such  as  air  bag  gas 
generators,  contain  small  amounts  of  commercial  blasting  agents  and  military  explosives. 
Following  the  adoption  of  Directive  2007/23/EC  it  has  become  obvious  that  it  will  not  be 
possible  to  replace  these  substances  as  additives  in  strictly  combustive  compositions,  where 
they  are  used  to  enhance  the  energetic  balance.  Therefore  it  is  proposed  to  modify  the 
essential safety requirement (4). 

3.8. 

Comitology and Delegated acts 

The provisions on the operation of the Explosives Committee have been adapted to the new 
rules on delegated acts laid down in Article 290 of the Treaty on the Functioning of the EU 
and to the new provisions on implementing acts laid down in Regulation (EU) No 182/2011 
of the European Parliament and of the Council of 16 February 2011 laying down the rules and 
general  principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission's exercise of implementing powers3. 

4. 

LEGAL ELEMENTS OF THE PROPOSAL 

Legal basis 

The proposal is based on Article 114 of the Treaty on the Functioning of the European Union. 

Subsidiarity principle 

The internal market is a competence that is shared between the Union and the Member States. 
The  subsidiarity  principle  arises  in  particular  with  regard  to  the  newly  added  provisions 
aiming at the improvement of effective enforcement of Directive 2007/23/EC on the placing 
on  the  market  of  pyrotechnic  articles,  namely,  the  importer  and  distributor  obligations,  the 
traceability  provisions,  the  provisions  on  the  assessment  and  notification  of  notified  bodies, 
and the enhanced cooperation obligations in the context of the revised market surveillance and 
safeguard procedures.  

3 

OJ L 55, 28.2.2011, p. 13. 

EN 

7 

   EN 

 
                                                 
Experience with the enforcement of the legislation has shown that measures taken at national 
level  have  led  to  divergent  approaches  and  to  a  different  treatment  of  economic  operators 
inside the EU, which undermines the objective of this directive. If actions are taken at national 
level  to  address  the  problems,  this  risks  creating  obstacles  to  the  free  movement  of  goods. 
Furthermore action at national level is limited to the territorial competence of a Member State. 
In  view  of  the  increasing  internationalisation  of  trade,  the  number  of  cross-border  cases  is 
constantly rising. Coordinated action at EU level can much better achieve the objectives set, 
and will in particular render market surveillance more effective. Hence it is more appropriate 
to take action at EU level. 

As regards the problem of inconsistencies throughout the directives, this is a problem which 
can only be solved by the EU legislator. 

Proportionality 

In  accordance  with  the  principle  of  proportionality,  the  proposed  modifications  do  not  go 
beyond what is necessary to achieve the objectives set. 

The new or modified obligations do not impose unnecessary burdens and costs on industry – 
especially on small and medium sized enterprises – or administrations. Where modifications 
have been identified to have negative impacts, the analysis of the impacts of the option serves 
to  provide  the  most  proportionate  response  to  the  problems  identified.  A  number  of 
modifications  concern  the  improvement  of  clarity  of  the  existing  Directive  without 
introducing new requirements that entail added cost. 

Legislative technique used 

The  alignment  to  the  NLF  Decision  requires  a  number  of  substantive  amendments  to  the 
provisions  of  Directive  2007/23/EC.  To  ensure  the  readability  of  the  amended  text  the 
technique  of  recasting  has  been  chosen  in  line  with  the  Interinstitutional  Agreement  of 
28 November 2001 on a more structured use of the recasting technique for legal acts4. 

The  changes  made  to  the  provisions  of  Directive  2007/23/EC  concern:  the  definitions,  the 
obligations  of  economic  operators,  the  presumption  of  conformity  provided  by  harmonised 
standards,  the  declaration  of  conformity,  CE  marking,  notified  bodies,  the  safeguard  clause 
procedure and the conformity assessment procedures. 

The proposal does not change the scope of the Directive and the essential safety requirements, 
apart from the correction described under 3.7. 

5. 

BUDGETARY IMPLICATIONS 

This proposal does not have any implications for the EU budget. 

6. 

ADDITIONAL INFORMATION 

Repeal of existing legislation 

4 

OJ C 77, 28.3.2002. 

EN 

8 

   EN 

 
                                                 
The adoption of the proposal will lead to repeal of Directive 2007/23/EC on the placing on the 
market of pyrotechnic articles. 

European Economic Area 

The proposal concerns the EEA and should therefore be extended to the European Economic 
Area. 

EN 

9 

   EN 

 
NEW LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE 
(Implementation of the Goods Package) 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

2011/0358 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on the ⌦ harmonisation of the laws of the Member States relating to the ⌫ placing on 
the market (cid:214) making available on the market  of pyrotechnic articles  

(Recast) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community⌦ on the Functioning of 
the European Union ⌫, and in particular Article 95⌦ 114 ⌫ thereof, 

Having regard to the proposal from the European Commission, 

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

Having regard to the opinion of the European Economic and Social Committee5, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

A  number  of  substantive  changes  are  to  be  made  to  Directive  2007/23/EC  of  the 
European Parliament and of the Council of 23 May 2007 on the placing on the market 
of pyrotechnic articles6. In the interest of clarity, that Directive should be recast. 

(cid:216) new 

5 
6 

OJ C […]. 
OJ L 154, 14.6.2007, p. 1. 

EN 

10 

   EN 

 
 
 
                                                 
(2) 

(3) 

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 
2008 setting out the requirements for accreditation and market surveillance relating to 
the marketing of products and repealing Regulation (EEC) No 339/937 lays down rules 
on  the  accreditation  of  conformity  assessment  bodies,  provides  a  framework  for  the 
market surveillance of products and for controls on products from third countries, and 
lays down the general principles of the CE marking. 

Decision  No  768/2008/EC  of  the  European  Parliament  and  of  the  Council  of  9  July 
2008  on  a  common  framework  for  the  marketing  of  products  and  repealing  Council 
Decision  93/465/EEC8  lays  down  common  principles  and  reference  provisions 
intended  to  apply  across  sectoral  legislation  in  order  to  provide  a  coherent  basis  for 
revision or recasts of that legislation. Directive 2007/23/EC should be adapted to that 
Decision. 

(cid:208) 2007/23/EC recital 1 
(cid:214) new 

(4) 

The laws, regulations and administrative provisions in force in the Member States with 
regard to the placing (cid:214) making available  on the market of pyrotechnic articles are 
divergent,  in  particular  as  regards  aspects  such  as  safety  and  performance 
characteristics. 

(cid:208) 2007/23/EC recital 2 (adapted) 

(5) 

Those  ⌦ The ⌫  laws,  regulations  and  administrative  provisions  ⌦ of  Member 
States ⌫, being liable to cause barriers to trade within the Community⌦ Union ⌫, 
should  ⌦ need  to ⌫  be  harmonised  in  order  to  guarantee  the  free  movement  of 
pyrotechnic  articles  within  the  internal  market  whilst  ensuring  a  high  level  of 
protection  of  human  health  and  safety  and  the  protection  of  consumers  and 
professional end users. 

(cid:208) 2007/23/EC recital 3 (adapted) 

(6) 

Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions 
relating  to  the  placing  on  the  market  and  supervision  of  explosives  for  civil  uses9 
excludes pyrotechnic articles from its scopeand states that pyrotechnic articles require 
appropriate  measures  to  ensure  the  protection  of  consumers  and  the  safety  of  the 
public and that an additional directive is planned in this field. 

7 
8 
9 

OJ L 218, 13.8.2008, p. 30. 
OJ L 218, 13.8.2008, p. 82. 
OJ L 121, 15.5.1993, p. 20. Directive as amended by Regulation (EC) No 1882/2003 of the European 
Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 

EN 

11 

   EN 

 
 
 
 
                                                 
(7)  ⌦ Safety  during  storage  is  governed  by ⌫  Council  Directive  96/82/EC  of 
9 December  1996  on  the  control  of  major-accident  hazards  involving  dangerous 
substances10  ⌦ which ⌫  sets  out  safety  requirements  for  establishments  where 
explosives, including pyrotechnic substances, are present. 

(cid:208) 2007/23/EC recital 4 (adapted) 

(cid:208) 2007/23/EC recital 21 
(cid:214) new 

(8) 

As  regards  safety  in  transportation,  the rules  concerning  the  transport  of  pyrotechnic 
articles are covered by international conventions and agreements, including the United 
Nations  recommendations  on  the  transport  of  dangerous  goods.  (cid:214) Those  aspects 
should therefore not fall under the scope of this Directive.  

(cid:208) 2007/23/EC recital 6 
(cid:214) new 

(9) 

This  Directive  should  not  apply  to  pyrotechnic  articles  to  which  Council  Directive 
96/98/EC of 20 December 1996 on marine equipment11 and the relevant international 
conventions  mentioned  therein  apply.  (cid:214) It  should  also  not  apply  to  percussion  caps 
intended  for  toys  falling  within  the  scope  of  Directive  2009/48/EC  of  the  European 
Parliament and of the Council of 18 June 2009 on the safety of toys12.  

(cid:208) 2007/23/EC recital 8 (adapted) 
(cid:214) new 

(10)  According to the principles set out in the Council Resolution of 7 May 1985 on a new 
approach  to  technical  harmonisation  and  standards13  a  pyrotechnic  article  should 
comply with this Directive when the article is placed on the Community market for the 
first time. In view of religious, cultural and traditional festivities in the Member States, 
fireworks built by the manufacturer for his own use and which have been approved by 
a Member State for use on its territory should not be considered as having been made 
available on the market and should ⌦ therefore ⌫ not therefore need to comply with 
this Directive. 

10 

11 

12 
13 

OJ L 10,  14.1.1997,  p. 13.  Directive  as  last  amended  by  Directive  2003/105/EC  of  the  European 
Parliament and of the Council (OJ L 345, 31.12.2003, p. 97). 
OJ L 46,  17.2.1997,  p. 25.  Directive  as  last  amended  by  Directive  2002/84/EC  of  the  European 
Parliament and of the Council (OJ L 324, 29.11.2002, p. 53). 
(cid:214) OJ L 170, 30.06.2009, p. 1.  
OJ C 136, 4.6.1985, p. 1. 

EN 

12 

   EN 

 
 
 
 
 
                                                 
(11) 

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. 
This Directive should apply without prejudice to national legislation on the licensing 
of manufacturers, distributors and importers by the Member States. 

(cid:208) 2007/23/EC recital 13 

(12)  Pyrotechnic  articles  should  include  fireworks,  theatrical  pyrotechnic  articles  and 
pyrotechnic articles for technical purposes, such as gas generators used in airbags or in 
seatbelt pretensioners. 

(cid:208) 2007/23/EC recital 5 

(13) 

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

(cid:208) 2007/23/EC recital 7 

(cid:208) 2007/23/EC recital 9 (adapted) 

(14)  Given  the  dangers  inherent  in  the  use  of  pyrotechnic  articles,  it  is  appropriate  to  lay 
down  age  limits  for  their  sale  to  consumers  and  their  use,  and  to  ensure  that  their 
labelling  displays  sufficient  and  appropriate  information  on  safe  use,  in  order  to 
protect  human  health  and  safety  and  the  environment.  Provision  should  be  made  for 
cCertain  pyrotechnic  articles  to  ⌦ should ⌫  be  made  available  only  to  authorised 
specialists  with  the  necessary  knowledge,  skills  and  experience.  With  regard  to 
pyrotechnic  articles  for  vehicles,  labelling  requirements  should  take  into  account 
current practice and the fact that these articles are supplied exclusively to professional 
users. 

(cid:208) 2007/23/EC recital 10 (adapted) 

(15)  The  use  of  pyrotechnic  articles  and,  in  particular,  the  use  of  fireworks,  is  subject  to 
markedly  divergent  cultural  customs  and  traditions  in  the  respective  Member  States. 
This makes iIt ⌦ is therefore ⌫ necessary to allow Member States to take national 
measures to limit the use or sale of certain categories of fireworks to the general public 
for reasons of public security or safety. 

EN 

13 

   EN 

 
 
 
 
 
 
(cid:216) new 

(16)  Economic operators should be responsible for the compliance of pyrotechnic articles, 
in relation to their respective roles in the supply chain, so as to ensure a high level of 
protection  of  public  interests,  such  as  health  and  safety,  and  the  protection  of 
consumers and to guarantee fair competition on the Union market. 

(17)  All  economic  operators  intervening  in  the  supply  and  distribution  chain  should  take 
appropriate  measures  to  ensure  that  they  only  make  available  on  the  market 
pyrotechnic  articles  which  are  in  conformity  with  this  Directive.  It  is  necessary  to 
provide for a clear and proportionate distribution of obligations which correspond to 
the role of each operator in the supply and distribution process. 

(18)  The manufacturer, having detailed knowledge of the design and production process, is 
best  placed  to  carry  out  the  complete  conformity  assessment  procedure.  Conformity 
assessment should therefore remain the obligation of the manufacturer alone. 

(cid:208) 2007/23/EC recital 12 

Responsibility  for  ensuring  that  pyrotechnic  articles  comply  with  this  Directive  and  in 
particular with those essential safety requirements should rest with the manufacturer. 
If  the  manufacturer  is  not  established  in  the  Community,  the  natural  or  legal  person 
who  imports  a  pyrotechnic  article  into  the  Community  should  ensure  that  the 
manufacturer  has  fulfilled  his  obligations  under  this  Directive  or  should  assume  all 
obligations of the manufacturer. 

(cid:216) new 

(19) 

It  is  necessary  to  ensure  that  pyrotechnic  articles  from  third  countries  entering  the 
Union  market  comply  with  the  requirements  of  this  Directive,  and  in  particular  that 
appropriate assessment procedures have been carried out by manufacturers with regard 
to those products. Provision should therefore be made for importers to make sure that 
the pyrotechnic articles they place on the market comply with the requirements of this 
Directive and that they do not place on the market pyrotechnic articles which do not 
comply  with  such  requirements  or  present  a  risk.  Provision  should  also  be  made  for 
importers to make sure that conformity assessment procedures have been carried out 
and that product marking and documentation drawn up by manufacturers are available 
for inspection by the supervisory authorities. 

(20)  The  distributor  makes  a  pyrotechnic  article  available  on  the  market  after  it  has  been 
placed on the market by the manufacturer or the importer and should act with due care 
to  ensure  that  his  handling  of  the  pyrotechnic  articles  does  not  adversely  affect  the 
compliance of the pyrotechnic article. 

(21)  Any economic operator who either places a pyrotechnic article on the market under his 
own  name  or  trademark  or  modifies  a  pyrotechnic  article  in  such  a  way  that 
compliance  with  the  requirements  of  this  Directive  may  be  affected  should  be 

EN 

14 

   EN 

 
 
 
 
considered  to  be  the  manufacturer  and  should  assume  the  obligations  of  the 
manufacturer. 

(22)  Distributors  and  importers,  being  close  to  the  market  place,  should  be  involved  in 
market surveillance tasks carried out by the competent national authorities, and should 
be  prepared  to  participate  actively,  providing  those  authorities  with  all  necessary 
information relating to the pyrotechnic article concerned. 

(23) 

It  is  appropriate  to  establish  essential  safety  requirements  for  pyrotechnic  articles  in 
order to protect consumers and to prevent accidents. 

(cid:208) 2007/23/EC recital 11 

(cid:216) new 

(24)  Some pyrotechnic articles, notably automotive pyrotechnic articles such as air bag gas 
generators,  contain  small  amounts  of  commercial  blasting  agents  and  military 
explosives.  Following  the  adoption  of  Directive  2007/23/EC  it  has  become  obvious 
that  it  will  not  be  possible  to  replace  these  substances  as  additives  in  strictly 
combustive compositions, where they are used to enhance the energetic balance. The 
essential safety requirement (4), which restricts the use of commercial blasting agents 
and military explosives, should therefore be modified. 

(cid:208) 2007/23/EC recital 14 (adapted) 
(cid:214) new 

(25) 

In  order  to  facilitate  the  process  of  demonstrating  compliance  ⌦ conformity 
assessment ⌫  with  the  essential  safety  requirements  ⌦ provided  for  in  this 
Directive ⌫,  harmonised  standards  for  the  design,  manufacture  and  testing  of 
pyrotechnic articles are being developed. (cid:214) it is necessary to provide for presumption 
of  conformity  for  pyrotechnic  articles  which  are  in  conformity  with  harmonised 
standards  that  are  adopted  in  accordance  with  Regulation  (EU)  No  [../..]  of  the 
European  Parliament  and  of  the  Council  of  […..]  on  European  Standardisation  and 
amending  Council  Directives  89/686/EEC  and  93/15/EEC  and  Directives  94/9/EC, 
94/25/EC,  95/16/EC,  97/23/EC,  98/34/EC,  2004/22/EC,  2007/23/EC,  2009/105/EC 
and  2009/23/EC  of  the  European  Parliament  and  of  the  Council14  for  the  purpose  of 
expressing detailed technical specifications of those requirements.  

14 

OJ L […], […], p. […] 

EN 

15 

   EN 

 
 
 
 
                                                 
(26)  Regulation (EU) No [../..] [on European Standardisation] provides for a procedure for 
objections  to  harmonised  standards  where  those  standards  do  not  entirely  satisfy 
requirements of this Directive. 

(cid:216) new 

(cid:208) 2007/23/EC recital 15 

European  harmonised  standards  are  drawn  up,  adopted  and  modified  by  the  Committee  for 
European Standardization (CEN), the Committee for Electro-technical Standardization 
(Cenelec)  and  the  European  Telecommunication  Standards  Institute  (ETSI).  These 
organisations  are  recognised  as competent  for  the  adoption  of  harmonised  standards, 
which they draw up in accordance with the general guidelines for cooperation between 
the  European  Free  Trade 
themselves,  and 
Association15,  and  with  the  procedure  laid  down  in  [Directive  98/34/EC  of  the 
European Parliament and of the Council of 22 June 1998 laying down a procedure for 
the provision of information in the field of technical standards and regulations and of 
rules  on  Information  Society  services16].  With  regard  to  pyrotechnic  articles  for 
vehicles, the international orientation of the European vehicle supply industry should 
be reflected by taking into account the relevant international ISO standards. 

the  European  Commission  and 

In line with the ‘New Approach to technical harmonisation and standardisation’, pyrotechnic 
articles manufactured in compliance with harmonised standards should benefit from a 
presumption of conformity with the essential safety requirements provided for in this 
Directive. 

(cid:208) 2007/23/EC recital 16 

(cid:216) new 

(27) 

In order to enable economic operators to demonstrate and the competent authorities to 
ensure  that  pyrotechnic  articles  made  available  on  the  market  comply  with  the 
essential  safety  requirements,  it  is  necessary  to  provide  for  conformity  assessment 
procedures.  Decision  768/2008  establishes  modules  for  conformity  assessment 
procedures,  which  include  procedures  from  the  least  to  the  most  stringent,  in 
proportion  to  the  level  of  risk  involved  and  the  level  of  safety  required.  In  order  to 
ensure  intersectoral  coherence  and  to  avoid  ad-hoc  variants,  conformity  assessment 
procedures should be chosen from among those modules 

15 
16 

OJ C 91, 16.4.2003, p. 7. 
OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003 Act of Accession. 

EN 

16 

   EN 

 
 
 
 
 
                                                 
(28)  Manufacturers  should  draw  up  an  EU  declaration  of  conformity  to  provide  detailed 
information  on  the  conformity  of  a  pyrotechnic  article  with  the  requirements  of  this 
Directive and of the relevant Union harmonisation legislation. 

(cid:208) 2007/23/EC recital 17 

By Decision 93/465/EEC of 22 July 1993 concerning the modules for the various phases of 
the conformity assessment procedures and the rules for the affixing and use of the CE 
conformity  marking,  which  are  intended  to  be  used  in  the  technical  harmonisation 
directives17,  the  Council  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. 

In order to be placed on the market, pyrotechnic articles should bear a CE marking indicating 
their  conformity  with  the  provisions  of  this  Directive  to  enable  them  to  move  freely 
within the Community. 

(cid:208) 2007/23/EC recital 19 

(cid:216) new 

(29)  The  CE  marking,  indicating  the  conformity  of  a  pyrotechnic  article,  is  the  visible 
consequence of a whole process comprising conformity assessment in a broad sense. 
General  principles  governing  the  CE  marking  are  set  out  in  Regulation  (EC) 
No 765/2008. Rules governing the affixing of the CE marking should be laid down in 
this Directive. 

(30)  Experience has shown that the criteria set out in Directive 2007/23/EC that conformity 
assessment bodies have to fulfil to be notified to the Commission are not sufficient to 
ensure a uniformly high level of performance of notified bodies throughout the Union. 
It  is,  however,  essential  that  all  notified  bodies  perform  their  functions  to  the  same 
level and under conditions of fair competition. That requires the setting of obligatory 
requirements  for  conformity  assessment  bodies  wishing  to  be  notified  in  order  to 
provide conformity assessment services. 

(31) 

In  order  to  ensure  a  consistent  level  of  conformity  assessment  quality  it  is  also 
necessary to set requirements for notifying authorities and other bodies involved in the 
assessment, notification and monitoring of notified bodies. 

(32)  The  system  set  out  in  this  Directive  should  be  complemented  by  the  accreditation 
system  provided  for  in  Regulation  (EC)  No  765/2008.  Since  accreditation  is  an 

17 

OJ L 220, 30.8.1993, p. 23. 

EN 

17 

   EN 

 
 
 
 
                                                 
essential  means  of  verifying  the  competence  of  conformity  assessment  bodies,  it 
should also be used for the purposes of notification. 

(33)  Transparent  accreditation  as  provided  for  in  Regulation  (EC)  No  765/2008,  ensuring 
the necessary level of confidence in conformity certificates, should be considered by 
the  national  public  authorities  throughout  the  Union  as  the  preferred  means  of 
demonstrating  the  technical  competence  of  conformity  assessment  bodies.  However, 
national authorities may consider that they possess the appropriate means of carrying 
out this evaluation themselves. In such cases, in order to ensure the appropriate level 
of  credibility  of  evaluations  carried  out  by  other  national  authorities,  they  should 
provide the Commission and the other Member States with the necessary documentary 
evidence demonstrating the compliance of the conformity assessment bodies evaluated 
with the relevant regulatory requirements. 

(34)  Conformity assessment bodies frequently subcontract parts of their activities linked to 
the  assessment  of  conformity  or  have  recourse  to  a  subsidiary.  In  order  to  safeguard 
the level of protection required for the pyrotechnic articles to be placed on the Union 
market, it is essential that conformity assessment subcontractors and subsidiaries fulfil 
the same requirements as notified bodies in relation to the performance of conformity 
assessment tasks. Therefore, it is important that the assessment of the competence and 
the performance of bodies to be notified and the monitoring of bodies already notified 
cover also activities carried out by subcontractors and subsidiaries. 

(35) 

It is necessary to increase the efficiency and transparency of the notification procedure 
and, in particular, to adapt it to new technologies so as to enable online notification. 

(36)  Since notified bodies may offer their services throughout the Union, it is appropriate to 
give the other Member States and the Commission the opportunity to raise objections 
concerning  a  notified  body.  It  is  therefore  important  to  provide  for  a  period  during 
which any doubts or concerns as to the competence of conformity assessment bodies 
can be clarified before they start operating as notified bodies. 

(37) 

(38) 

In  the  interests  of  competitiveness,  it  is  crucial  that  notified  bodies  apply  the 
conformity assessment procedures without creating unnecessary burdens for economic 
operators. For the same reason, and to ensure equal treatment of economic operators, 
consistency in the technical application of the conformity assessment procedures needs 
to  be  ensured.  That  can  best  be  achieved  through  appropriate  coordination  and 
cooperation between notified bodies.  

In  order  to  ensure  legal  certainty,  it  is  necessary  to  clarify  that  the  rules  on  Union 
market surveillance and control of products entering the Union market provided for in 
Regulation (EC) No 765/2008 apply to pyrotechnic articles. This Directive should not 
prevent  Member  States  from  choosing  the  competent  authorities  to  carry  out  those 
tasks. 

(39)  Groups of pyrotechnic articles that are similar in design, function or behaviour should 

be assessed by the notified bodies as product families. 

(cid:208) 2007/23/EC recital 18 

EN 

18 

   EN 

 
 
(cid:208) 2007/23/EC recital 20 (adapted) 
(cid:214) new 

(40)  According to the ‘New Approach to technical harmonisation and standardisation’, aA 
safeguard  clause  procedure  is  necessary  to  allow  the  possibility  for  contesting  the 
conformity  of  a  pyrotechnic  article  or  failures.  Accordingly,  Member  States  should 
take  all  appropriate  measures  to  prohibit  or  restrict  the  placing  on  the  market  of 
products bearing a CE marking or to withdraw such products from the market if they 
endanger  the  health  and  safety  of  consumers  when  the  products  are  used  for  their 
intended purpose. (cid:214) In order to increase transparency and to reduce processing time, 
it  is  necessary  to  improve  the  existing  safeguard  clause  procedure,  with  a  view  to 
making it more efficient and drawing on the expertise available in Member States.  

(cid:216) new 

(41)  The  existing  system  should  be  supplemented  by  a  procedure  under  which  interested 
parties  are  informed  of  measures  intended  to  be  taken  with  regard  to  pyrotechnic 
articles  presenting  a  risk  to  the  health  and  safety  of  persons  or  to  other  aspects  of 
public  interest  protection.  It  should  also  allow  market  surveillance  authorities,  in 
cooperation with the relevant economic operators, to act at an earlier stage in respect 
of such pyrotechnic articles 

(42)  Where  the  Member  States  and  the  Commission  agree  as  to  the  justification  of  a 
measure taken by a Member State, no further involvement of the Commission should 
be  required,  except  where  non-compliance  can  be  attributed  to  shortcomings  of  a 
harmonised standard. 

(cid:208) 2007/23/EC recital 23 (adapted) 

(43) 

It  is  in  the  interests  of  the  manufacturer  and  the  importer  to  supply  safe 
⌦ pyrotechnic  articles ⌫products  in  order  to  avoid  liability  costs  for  defective 
products  causing  damage  to  individuals  and  private  property.  In  this  regard,  Council 
Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations 
and administrative provisions of the Member States concerning liability for defective 
products18 complements  this  Directive, ⌦ since ⌫as that Directive imposes a strict 
liability  regime  on  manufactures  and  importers  and  ensures  an  adequate  level  of 
protection  for  consumers.  Furthermore,  ⌦ that ⌫  this  Directive  provides  that 
notified bodies should be adequately insured in respect of their professional activities, 
unless  their  liability  is  assumed  by  the  State  in  accordance  with  national  law,  or  the 
Member State itself is directly responsible for the tests. 

18 

OJ L 210, 7.8.1985, p. 29. Directive as amended by Directive 1999/34/EC of the European Parliament 
and of the Council (OJ L 141, 4.6.1999, p. 20). 

EN 

19 

   EN 

 
 
 
 
                                                 
The  measures  necessary  for  the  implementation  of  this  Directive  should  be  adopted  in 
accordance  with  Council  Decision  1999/468/EC  of  28 June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission19. 

(cid:208) 2007/23/EC recital 26 

(cid:208) 2007/23/EC recital 27 

recommendations, 

In  particular,  the  Commission  should  be  empowered  to  adopt  Community  measures 
requirements  of 
concerning  United  Nations 
pyrotechnic articles and adaptations to technical progress of Annexes II and III related 
to  safety  requirements  and  conformity  assessment  procedures.  Since  those  measures 
are  of  general  scope  and  are  designed  to  amend  non-essential  elements  of  this 
Directive, or to supplement it by the addition of new non-essential elements, they must 
be adopted in accordance with the regulatory procedure with scrutiny provided for in 
Article 5a of Decision 1999/468/EC. 

labelling 

the 

(cid:216) new 

(44) 

In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Directive 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament and of the Council of 16 February 2011 laying down the rules and general 
principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission’s exercise of implementing powers20. 

(45)  The examination procedure should be used for the adoption of the implementing acts 
in order to set up a traceability system and common criteria for collecting and updating 
of data on accidents related to pyrotechnic articles 

(46) 

In  order  to  achieve  the  objectives  of  this  Directive,  the  power  to  adopt  acts  in 
accordance with Article 290 of the Treaty on the Functioning of the European Union 
should  be  delegated  to  the  Commission  in  respect  of  adopting  Union  measures 
concerning  adapting  this  Directive  to  United  Nations  recommendations  on  the 
transport  of  dangerous  goods,  adaptations  to  technical  progress  of  the  conformity 
assessment  modules  in  Annex  I  to  this  Directive  and  the  labelling  requirements  of 
pyrotechnic  articles.  It  is  of  particular  importance  that  the  Commission  carry  out 
appropriate consultations during its preparatory work, including at expert level. 

(47)  The  Commission,  when  preparing  and  drawing-up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and Council. 

19 

20 

OJ  L 184,  17.7.1999,  p. 23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L 200,  22.7.2006, 
p. 11). 
OJ L 55, 28.2.2011, p.13. 

EN 

20 

   EN 

 
 
 
 
                                                 
(48)  Member States should lay down rules on penalties applicable to infringements of the 
provisions  of  national  law  adopted  pursuant  to  this  Directive  and  ensure  that  these 
rules  are  implemented.  The  penalties  provided  for  should  be  effective,  proportionate 
and dissuasive. 

(cid:208) 2007/23/EC recital 22 

(cid:208) 2007/23/EC recital 24 (adapted) 
(cid:214) new 

(49) 

in  force  before 

It is vital to provide for a transitional period to allow national laws in specified fields 
to  be  adapted  gradually.  Manufacturers  and  importers  need  to  be  given  time  to 
the  ⌦ date  of 
exercise  any  rights  under  national  rules 
application ⌫entry  into  force  of  ⌦ national  rules  transposing ⌫  this  Directive  in 
order,  for  example,  to  sell  their  stocks  of  manufactured  products.  Furthermore,  the 
specific  transitional  periods  provided  for  for  the  application  of  this  Directive  would 
allow  extra  time  for  the  adoption  of  harmonised  standards  and  would  ensure  the 
speedy implementation of this Directive so as to enhance the protection of consumers. 
(cid:214) It  is  necessary  to  provide  for  transitional  arrangements  that  allow  the  making 
available  on  the  market  of  pyrotechnic  articles  that  have  already  been  placed  on  the 
market in accordance with Directive 2007/23/EC.  

(cid:208) 2007/23/EC recital 25 (adapted) 

(50)  Since the objectives of this Directive ⌦ , namely to ensure that pyrotechnic articles 
on the market fulfil the requirements providing a high level of protection of health and 
safety  and  other  public  interests  while  guaranteeing  the  functioning  of  the  internal 
market, ⌫  cannot  be  sufficiently  achieved  by  the  Member  States  and  can  therefore 
⌦ ,  by 
scale  and  effects, ⌫  be  better  achieved  at 
Community⌦ Union ⌫ level, the Community⌦ Union ⌫ may adopt measures, in 
accordance with the principle of subsidiarity as set out in Article 5 of the Treaty ⌦ on 
European Union ⌫. In accordance with the principle of proportionality, as set out in 
that  Article,  this Directive  does not go beyond what is necessary in order to achieve 
those objectives. 

reason  of 

its 

In  accordance  with  point  34  of  the  Interinstitutional  Agreement  on  better  law-making21, 
Member States are encouraged to draw up, for themselves and in the interests of the 
Community,  their  own  tables  illustrating,  as  far  as  possible,  the  correlation  between 
this Directive and the transposition measures, and to make them public, 

(cid:208) 2007/23/EC recital 28 

21 

OJ C 321, 31.12.2003, p. 1. 

EN 

21 

   EN 

 
 
 
 
 
                                                 
(cid:216) new 

(51)  The obligation to transpose this Directive into national law should be confined to those 
provisions  which  represent  a  substantive  change  as  compared  with  the  earlier 
Directive. The obligation to transpose the provisions which are unchanged arises under 
the earlier Directive. 

(52)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directive set out in Annex III, 

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 2007/23/EC (adapted) 

Chapter 1  
⌦ General provisions ⌫ 

Article 1 
Objectives and scope⌦ Subject matter ⌫ 

1. 

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 
level of protection of human health and public security and the protection and safety 
of  consumers  and  taking  into  account  the  relevant  aspects  related  to  environmental 
protection. 

2. 

This  Directive  establishes  the  essential  safety  requirements  which  pyrotechnic 
articles  must  fulfil  with  a  view  to  their  being  placed  (cid:214) made  available   on  the 
market. 

(cid:208) 2007/23/EC 
(cid:214) new 

(cid:208) 2007/23/EC (adapted) 

Article 2 
⌦ Scope ⌫ 

13. 

This Directive shall apply to pyrotechnic articles as defined in Article 2(1) to (5). 

EN 

22 

   EN 

 
 
 
 
 
24. 

This Directive shall not apply to: 

(cid:208) 2007/23/EC 

(a)  Ppyrotechnic  articles  intended  for  non-commercial  use,  in  accordance  with 

national law, by the armed forces, the police or fire departments; 

(b)  Eequipment falling within the scope of Directive 96/98/EC; 

(c)  Ppyrotechnic articles intended for use in the aerospace industry; 

(d)  Ppercussion  caps  intended  specifically  for  toys  falling  within  the  scope  of 
Council  Directive  88/378/EEC  of  3 May  1988  on  the  approximation  of  the 
laws  of  the  Member  States  concerning  the  safety  of  toys22  Directive 
2009/48/EC; 

(e)  Eexplosives falling within the scope of Directive 93/15/EEC; 

(cid:208) 2007/23/EC (adapted) 

(f)  Aammunition,  meaning  projectiles  and  propelling  charges  and  blank 

ammunition used in portable firearms, other guns and artillery; 

⌦ (g) 

fireworks built by a manufacturer for his own use and which have been 

approved by a Member State for use on its territory. ⌫ 

Article 23 ⌦ [Article R1 of Decision No 768/2008/EC] ⌫  
Definitions  

For the purposes of this Directive ⌦, the following definitions shall apply ⌫: 

(cid:208) 2007/23/EC 

(1) 

‘Ppyrotechnic  article’  means  any  article  containing  explosive  substances  or  an 
explosive mixture of substances designed to produce heat, light, sound, gas or smoke 
or  a  combination  of  such  effects  through  self-sustained  exothermic  chemical 
reactions.; 

(23) 

‘Ffirework’ means a pyrotechnic article intended for entertainment purposes.; 

(34) 

‘Ttheatrical  pyrotechnic  articles’  means  pyrotechnic  articles  designed  for  indoor  or 
outdoor stage use, including film and television productions or similar use.; 

22 

OJ L 187, 16.7.1988, p. 1. 

EN 

23 

   EN 

 
 
 
 
                                                 
(45) 

‘Ppyrotechnic articles for vehicles’ means components of safety devices in vehicles 
which contain pyrotechnic substances used to activate these or other devices.; 

⌦ (5)  ‘ammunition’ means projectiles and propelling charges and blank ammunition used 

in portable firearms, other guns and artillery; ⌫ 

(cid:208) 2007/23/EC (adapted) 

(610) 

‘Pperson with specialist knowledge’ means a person authorised by a Member State to 
handle  and/or  use  on  its  territory  category  4  fireworks,  category  T2  theatrical 
pyrotechnic  articles  and/or  category  P2  other  pyrotechnic  articles  as  defined  in 
Article 3.; 

(cid:208) 2007/23/EC (adapted) 

(cid:208) 2007/23/EC (adapted) 

(72) 

‘Pplacing  on  the  market’  means  the  first  making  available  ⌦ of  a  pyrotechnic 
article ⌫  on  the  Community⌦ Union ⌫  market  of  an  individual  product,  with  a 
view to its distribution and/or use, whether for payment or free of charge. Fireworks 
built by a manufacturer for his own use and which have been approved by a Member 
State  for  use  on  its  territory  are  not  to  be  considered  as  having  been  placed  on  the 
market.; 

(8) 

‘making  available  on  the  market’  means  any  supply  of  a  pyrotechnic  article  for 
distribution, consumption or use on the Union market in the course of a commercial 
activity, whether in return for payment or free of charge; 

(cid:216) new 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

(96) 

(107) 

‘Mmanufacturer’ means a natural or legal person who designs and/or manufactures a 
pyrotechnic  article,  or  who  causes⌦ has ⌫  such  an  article  to  be  designed 
and⌦ or ⌫  manufactured,  with  a  view  to  placing  it  on  the  market  (cid:214) and 
markets  ⌦ that pyrotechnic article ⌫ under his own name or trademark.; 

‘Iimporter’  means  any  natural  or  legal  person  established  in  the  Community 
⌦ within  the  Union ⌫  who  makes⌦ places  a  pyrotechnic  article ⌫  originating 
from  a  third  country  available  on  the  Community⌦ Union ⌫  market  for  the  first 
time in the course of his business.; 

EN 

24 

   EN 

 
 
 
 
 
 
(118) 

‘Ddistributor’ means any natural or legal person in the supply chain ⌦, other than 
the  manufacturer  or  the  importer, ⌫  who  makes  a  pyrotechnic  article  available  on 
the market in the course of his business.; 

(12) 

‘economic operators’ means the manufacturer, the importer and the distributor; 

(13) 

‘technical specification’ means a document that prescribes technical requirements to 
be fulfilled by a pyrotechnic article; 

(cid:216) new 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

(149) 

‘Hharmonised  standard’  means  (cid:214) harmonised  standards  as  defined  in  Article  2(1)c 
of  Regulation  EU  No  [../..]  [on  European  Standardisation]   a  European  standard 
adopted by a European standardisation body under a mandate from the Commission 
in conformity with the procedures laid down in Directive 98/34/EC and with which 
compliance is not compulsory.; 

(cid:216) new 

(15) 

(16) 

(17) 

(18) 

(19) 

(20) 

(21) 

‘accreditation’  means  accreditation  as  defined  in  Article  2(10)  of  Regulation  (EC) 
No 765/2008; 

‘national  accreditation  body’  means  national  accreditation  body  as  defined  in 
Article 2(11) of Regulation (EC) No 765/2008; 

‘conformity  assessment’  means  the  process  demonstrating  whether  the  essential 
safety requirements relating to a pyrotechnic article have been fulfilled; 

‘conformity  assessment  body’  means  a  body  that  performs  conformity  assessment 
activities including calibration, testing, certification and inspection; 

‘recall’ means any measure aimed at achieving the return of a pyrotechnic article that 
has already been made available to the end user; 

‘withdrawal’  means  any  measure  aimed  at  preventing  a  pyrotechnic  article  in  the 
supply chain from being made available on the market; 

‘CE  marking’  means  a  marking  by  which  the  manufacturer  indicates  that  the 
pyrotechnic article is in conformity with the applicable requirements set out in Union 
harmonisation legislation providing for its affixing; 

(22) 

‘Union  harmonisation  legislation’  means  any  Union  legislation  harmonising  the 
conditions for the marketing of products. 

EN 

25 

   EN 

 
 
 
 
(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

Article 64 
Free Movement 

1. 

2. 

3. 

4. 

1. 

2. 

Member  States  shall  not  prohibit,  restrict  or  hinder  the  placing  (cid:214) making 
available  on the market of pyrotechnic articles which satisfy the requirements of 
this Directive. 

The  provisions  of  tThis  Directive  shall  not  preclude  measures  taken  by  a  Member 
State to prohibit or restrict the possession, use and/or the sale to the general public of 
category  2  and  3  fireworks,  theatrical  pyrotechnic  articles  and  other  pyrotechnic 
articles, which measures are justified on grounds of public order, security or safety, 
or environmental protection. 

At  trade  fairs,  exhibitions  and  demonstrations  for  the  marketing  of  pyrotechnic 
articles, Member States shall not prevent the showing and use of pyrotechnic articles 
not in conformity with the provisions of this Directive, provided that a visible sign 
clearly indicates the name and date of the trade fair, exhibition or demonstration in 
question  and  the  non-conformity  and  non-availability  for  sale  of  the  articles  until 
brought into conformity by the manufacturer, where such manufacturer is established 
within  the  Community⌦ Union ⌫,  or  by  the  importer.  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. 

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

(cid:208) 2007/23/EC 
(cid:214) new 

Article 5 
Placing (cid:214) Making available  on the market 

Member States shall take all appropriate measures to ensure that pyrotechnic articles 
may  be  placed  (cid:214) made  available   on  the  market  only  if  they  satisfy  the 
requirements of this Directive, bear a CE marking, and comply with the obligations 
relating to the conformity assessment. 

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

EN 

26 

   EN 

 
 
 
(cid:208) 2007/23/EC (adapted) 

Article 63 
 ⌦ Categories of pyrotechnic articles ⌫Categorisation 

1. 

Pyrotechnic articles shall be categorised by the manufacturer according to their type 
of use, or their purpose and level of hazard, including their noise level. The notified 
bodies  referred  to  in  Article  2110  shall  confirm  the  categorisation  as  part  of  the 
conformity  assessment  procedures  in  accordance  with⌦ referred  to ⌫  in  Article 
179. 

Categorisation shall be as follows: 

(a)  Fireworks: 

(cid:208) 2007/23/EC 

(i)  Ccategory 1:  fireworks  which  present  a  very  low  hazard  and  negligible 
noise  level  and  which  are  intended  for  use  in  confined  areas,  including 
fireworks which are intended for use inside domestic buildings; 

(ii)  Ccategory 2:  fireworks  which  present  a  low  hazard  and  low  noise  level 

and which are intended for outdoor use in confined areas; 

(iii)  Ccategory 3:  fireworks  which  present  a  medium  hazard,  which  are 
intended for outdoor use in large open areas and whose noise level is not 
harmful to human health; 

(iv)  Ccategory 4: fireworks which present a high hazard, which are intended 
for use only by persons with specialist knowledge (commonly known as 
fireworks  for  professional  use)  and  whose  noise  level  is  not  harmful  to 
human health. 

(b)  Theatrical pyrotechnic articles: 

(i)  Ccategory T1:  pyrotechnic  articles  for  stage  use  which  present  a  low 

hazard; 

(ii)  Ccategory T2:  pyrotechnic  articles  for  stage  use  which  are  intended  for 

use only by persons with specialist knowledge. 

(c)  Other pyrotechnic articles: 

(i)  Ccategory P1:  pyrotechnic  articles  other  than  fireworks  and  theatrical 

pyrotechnic articles which present a low hazard; 

EN 

27 

   EN 

 
 
 
(ii)  Ccategory P2:  pyrotechnic  articles  other  than  fireworks  and  theatrical 
pyrotechnic  articles  which  are  intended  for  handling  or  use  only  by 
persons with specialist knowledge. 

2. 

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

(cid:208) 2007/23/EC (adapted) 

Article 7 
Age limits 

1. 

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

(cid:208) 2007/23/EC 

(a)  Ffireworks: 

(i)  Ccategory 1: 12 years.; 

(ii)  Ccategory 2: 16 years.; 

(iii)  Ccategory 3: 18 years.; 

(b)  Oother  pyrotechnic  articles  ⌦ of  category  P1 ⌫  and  theatrical  pyrotechnic 

(cid:208) 2007/23/EC (adapted) 

articles ⌦ of category T1: 18 years ⌫. 

Category T1 and P1: 18 years. 

2. 

3. 

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

Manufacturers, importers and distributors shall not sell or otherwise make available 
⌦ on  the  market ⌫  the  following  pyrotechnic  articles  except  to  persons  with 
specialist knowledge: 

(a) 

fireworks of category 4,; 

(cid:208) 2007/23/EC 

EN 

28 

   EN 

 
 
 
 
 
(b)  pyrotechnic  articles  of  category  P2  and  theatrical  pyrotechnic  articles  of 

category T2. 

(cid:208) 2007/23/EC (adapted) 

Chapter 2 
⌦ Obligations of economic operators ⌫ 

Article 48 ⌦ [Article R2 of Decision No 768/2008/EC] ⌫  
Obligations of the manufacturer ⌦ manufacturers ⌫ importer and distributor 

1. 

⌦ When placing their pyrotechnic articles on the market, ⌫ Mmanufacturers shall 
ensure  that  pyrotechnic  articles  placed  on  the  market  comply⌦ they  have  been 
designed and manufactured in accordance ⌫ with the essential safety requirements 
set out in Annex I. 

(cid:208) 2007/23/EC 

2.  If  the  manufacturer  is  not  established  in  the  Community,  the  importer  of  the  pyrotechnic 
articles shall ensure that the manufacturer has fulfilled his obligations under this Directive or 
assume these obligations himself. 

The importer may be held liable by authorities and bodies in the Community with regard to 
those obligations. 

3.  Distributors  shall  act  with  due  care  in  accordance  with  applicable  Community  law.  In 
particular  they  shall  verify  that  the  pyrotechnic  article  bears  the  required  conformity 
marking(s) and is accompanied by the required documents. 

4. Manufacturers of pyrotechnic articles shall: 

(a) submit the pyrotechnic article to a notified body as referred to in Article 10 which 
shall perform a conformity assessment in accordance with Article 9; and 

(b)  affix  a  CE  marking  to,  and  label  the  pyrotechnic  article  in  accordance  with 
Article 11, and Article 12 or 13. 

2. 

Manufacturers shall draw up the technical documentation referred to in Annex II and 
carry out the relevant conformity assessment procedure referred to in Article 16. 

(cid:216) new 

EN 

29 

   EN 

 
 
 
 
 
 
3. 

4. 

5. 

6. 

7. 

Where compliance of a pyrotechnic article with the applicable requirements has been 
demonstrated  by  that  procedure,  manufacturers  shall  draw  up  an  EU  declaration  of 
conformity and affix the CE marking. 

Manufacturers  shall  keep  the  technical  documentation  and  the  EU  declaration  of 
conformity for at least 10 years after the pyrotechnic article has been placed on the 
market. 

Manufacturers  shall  ensure  that  procedures  are  in  place  for  series  production  to 
remain  in  conformity.  Changes  in  pyrotechnic  article  design  or  characteristics  and 
changes  in  the  harmonised  standards  or  in  technical  specifications  by  reference  to 
which conformity of a pyrotechnic article is declared shall be adequately taken into 
account. 

When deemed appropriate with regard to the risks presented by a pyrotechnic article, 
manufacturers shall, to protect the health and safety of consumers, carry out sample 
testing  of  pyrotechnic  articles  made  available  on  the  market,  investigate,  and,  if 
necessary, keep a register of complaints, of non-conforming pyrotechnic articles and 
pyrotechnic  article  recalls,  and  shall  keep  distributors  informed  of  any  such 
monitoring. 

Manufacturers shall ensure that their pyrotechnic articles are labelled in accordance 
with Article 9 or 10. 

Manufacturers  who  consider  or  have  reason  to  believe  that  a  pyrotechnic  article 
which they have placed on the market is not in conformity with this Directive shall 
immediately take the necessary corrective measures to bring that pyrotechnic article 
into  conformity,  to  withdraw  it  or  recall  it,  if  appropriate.  Furthermore,  where  the 
pyrotechnic  article  presents  a  risk,  manufacturers  shall  immediately  inform  the 
competent  national  authorities  of  the  Member  States  in  which  they  made  the 
pyrotechnic  article  available  to  that  effect,  giving  details,  in  particular,  of  the  non-
compliance and of any corrective measures taken. 

Manufacturers  shall,  further  to  a  reasoned  request  from  a  competent  national 
authority,  provide  it  with  all  the  information  and  documentation  necessary  to 
demonstrate  the  conformity  of  the  pyrotechnic  article,  in  a  language  which  can  be 
easily  understood  by  that  authority.  They  shall  cooperate  with  that  authority,  at  its 
request,  on  any  action  taken  to  eliminate  the  risks  posed  by  pyrotechnic  articles 
which they have placed on the market. 

EN 

30 

   EN 

 
Article 129 
Labelling of ⌦ pyrotechnic ⌫ articles other than pyrotechnic articles for vehicles 

(cid:208) 2007/23/EC (adapted) 

1. 

2. 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

Manufacturers  shall  ensure  that  pyrotechnic  articles  other  than  pyrotechnic  articles 
for  vehicles  are  properly  labelled  visibly,  legibly  and  indelibly  in  the  official 
language(s) of the Member State in which the article is sold (cid:214) made available  to 
the consumer. 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

The  labelling  of  pyrotechnic  articles  shall  include  as  a  minimum  the  name  and 
address  of  the  manufacturer  or,  where  the  manufacturer  is  not  established  in  the 
Community⌦ Union ⌫, the name of the manufacturer and the name and address of 
the  importer,  the  name  and  type  of  the  article,  (cid:214) the  registration  number,   the 
minimum  age  limits  as  indicated⌦ set  out ⌫  in  Article 7(1)  and  (2),  the  relevant 
category  and  instructions  for  use,  the  year  of  production  for  category  3  and  4 
fireworks  and,  where  appropriate,  a  minimum  safety  distance.  The  labelling  shall 
include  the  (cid:214) net  explosive  content  (NEC)   equivalent  quantity  (NEQ)  of  active 
explosive material. 

3. 

In  addition,  fFireworks  shall  ⌦ also ⌫  display 
information: 

the  following  minimum 

(cid:208) 2007/23/EC 

(a)  Ccategory 1: where appropriate: ‘for outdoor use only’ and a minimum safety 

distance.; 

(b)  Ccategory 2:  ‘for  outdoor  use  only’  and,  where  appropriate,  minimum  safety 

distance(s).; 

(c)  Ccategory 3: ‘for outdoor use only’ and minimum safety distance(s).; 

(d)  Ccategory 4: ‘for use only by persons with specialist knowledge’ and minimum 

safety distance(s). 

EN 

31 

   EN 

 
 
 
 
 
4. 

In  addition,  tTheatrical  pyrotechnic  articles  shall  contain⌦ also  display ⌫  the 
following minimum information: 

(cid:208) 2007/23/EC (adapted) 

(cid:208) 2007/23/EC 
(cid:214) new 

(a)  Ccategory T1: where appropriate: ‘for outdoor use only’ and a minimum safety 

distance.; 

(b)  Ccategory T2:  ‘for  use  only  by  persons  with  specialist  knowledge’  and 

minimum safety distance(s). 

5. 

If  the  pyrotechnic  article  does  not  provide  sufficient  space  for  the  labelling 
requirements  referred  to  in  paragraphs 2,  3  and  to  4,  the  information  shall  be 
provided on the smallest piece of packaging. 

6. The provisions of this Article shall not apply to pyrotechnic articles shown at trade fairs, 
exhibitions  and  demonstrations  for  the  marketing  of  pyrotechnic  articles,  as  referred  to  in 
Article 6(3), or manufactured for the purpose of research, development and testing, as referred 
to in Article 6(4). 

Article 1310 
Labelling of pyrotechnic articles for vehicles 

1. 

2. 

3. 

The  labelling  of  pyrotechnic  articles  for  vehicles  shall  include  the  name  of  the 
manufacturer  or,  where  the  manufacturer  is  not  established  in  the  Community,  the 
name of the importer, the name and type of the article(cid:214) , the registration number  
and the safety instructions. 

If the article does not provide sufficient space for the labelling requirements referred 
to in paragraph 1, the information shall be provided on the packaging. 

A safety data sheet compiled in accordance with the Annex to Commission Directive 
2001/58/EC of 27 July 2001 amending for the second time Directive 91/155/EEC23 
Regulation  (EC)  No  1907/2006  of  the  European  Parliament  and  of  the  Council24 
shall be supplied to professional users in the language requested by them. 

The safety data sheet may be supplied on paper or electronically, provided that the 
addressee has the necessary means of accessing it. 

23 
24 

OJ L 212, 7.8.2001, p. 24. 
OJ L 136, 29.5.2007, p. 3. 

EN 

32 

   EN 

 
 
 
                                                 
1. 

2. 

3. 

4. 

5. 

6. 

7. 

(cid:216) new 

Article 11 [Article R4 of Decision No 768/2008/EC] 
Obligations of importers 

Importers shall place only compliant pyrotechnic articles on the market. 

Before  placing  a  pyrotechnic  article  on  the  market  importers  shall  ensure  that  the 
appropriate  conformity  assessment  procedure  referred  to  in  Article  16  has  been 
carried out by the manufacturer. They shall ensure that the manufacturer has drawn 
up  the  technical  documentation,  that  the  pyrotechnic  article  bears  the  CE  marking 
and  that  the  manufacturer  has  complied  with  the  labelling  requirements  set  out  in 
Article 9 or 10. 

Where an importer considers or has reason to believe that a pyrotechnic article is not 
in conformity with the essential safety requirements set out in Annex I, he shall not 
place the pyrotechnic article on the market until it has been brought into conformity. 
Furthermore, where the pyrotechnic article presents a risk, the importer shall inform 
the manufacturer and the market surveillance authorities to that effect. 

Importers shall indicate their name and the address at which they can be contacted on 
the  pyrotechnic  article  or,  where  that  is  not  possible,  on  its  packaging  or  in  a 
document accompanying the pyrotechnic article. 

Importers shall ensure that the pyrotechnic article is accompanied by instructions and 
safety information in a language which can be easily understood by consumers and 
other end-users, as determined by the Member State concerned. 

Importers shall ensure that, while a pyrotechnic article is under their responsibility, 
storage  or  transport  conditions  do  not  jeopardise  its  compliance  with  the  essential 
safety requirements set out in Annex I. 

When deemed appropriate with regard to the risks presented by a pyrotechnic article, 
importers  shall,  to  protect  the  health  and  safety  of  consumers,  carry  out  sample 
testing  of  pyrotechnic  articles  made  available  on  the  market,  investigate,  and,  if 
necessary, keep a register of complaints, of non-conforming pyrotechnic articles and 
pyrotechnic articles recalls, and shall keep distributors informed of such monitoring. 

Importers  who  consider  or  have  reason  to  believe  that  a  pyrotechnic  article  which 
they  have  placed  on  the  market  is  not  in  conformity  with  this  Directive  shall 
immediately take the corrective measures necessary to bring that pyrotechnic article 
into  conformity,  to  withdraw  it  or  recall  it,  if  appropriate.  Furthermore,  where  the 
pyrotechnic article presents a risk, importers shall immediately inform the competent 
national authorities of the Member States in which they made the pyrotechnic article 
available to that effect, giving details, in particular, of the non-compliance and of any 
corrective measures taken. 

8. 

Importers shall, for at least 10 years after the pyrotechnic article has been placed on 
the  market,  keep  a  copy  of  the  EU  declaration  of  conformity  at  the  disposal  of  the 

EN 

33 

   EN 

 
 
9. 

1. 

2. 

3. 

4. 

5. 

market  surveillance  authorities  and  ensure  that  the  technical  documentation  can  be 
made available to those authorities, upon request. 

Importers  shall,  further  to  a  reasoned  request  from  a  competent  national  authority, 
provide it with all the information and documentation necessary to demonstrate the 
conformity of a pyrotechnic article in a language which can be easily understood by 
that authority. They shall cooperate with that authority, at its request, on any action 
taken to eliminate the risks posed by products which they have placed on the market. 

Article 12 [Article R5 of Decision No 768/2008/EC] 
Obligations of distributors 

When making a pyrotechnic article available on the market distributors shall act with 
due care in relation to the requirements of this Directive. 

Before making a pyrotechnic article available on the market distributors shall verify 
that the pyrotechnic article bears the required CE marking, that it is accompanied by 
instructions and safety information in a language which can be easily understood by 
consumers and other end-users in the Member State in which the pyrotechnic article 
is  to  be  made  available  on  the  market,  and  that  the  manufacturer  and  the  importer 
have complied with the requirements set out in Article 9 or 10 and 11(3). 

Where a distributor considers or has reason to believe that a pyrotechnic article is not 
in conformity with the essential safety requirements set out in Annex I, he shall not 
make  the  pyrotechnic  article  available  on  the  market  until  it  has  been  brought  into 
conformity. Furthermore, where the pyrotechnic article presents a risk, the distributor 
shall  inform  the  manufacturer  or  the  importer  to  that  effect  as  well  as  the  market 
surveillance authorities. 

Distributors shall ensure that, while a pyrotechnic article is under their responsibility, 
storage  or  transport  conditions  do  not  jeopardise  its  compliance  with  the  essential 
safety requirements set out in Annex I. 

Distributors who consider or have reason to believe that a pyrotechnic article which 
they have made available on the market is not in conformity with this Directive shall 
make  sure  that  the  corrective  measures  necessary  to  bring  that  pyrotechnic  article 
into  conformity,  to  withdraw  it  or  recall  it,  if  appropriate,  are  taken.  Furthermore, 
where  the  pyrotechnic  article  presents  a  risk,  distributors  shall  immediately  inform 
the  competent  national  authorities  of  the  Member  States  in  which  they  made  the 
pyrotechnic  article  available  to  that  effect,  giving  details,  in  particular,  of  the  non-
compliance and of any corrective measures taken. 

Distributors shall, further to a reasoned request from a competent national authority, 
provide it with all the information and documentation necessary to demonstrate the 
conformity  of  a  pyrotechnic  article.  They  shall  cooperate  with  that  authority,  at  its 
request,  on  any  action  taken  to  eliminate  the  risks  posed  by  pyrotechnic  articles 
which they have made available on the market. 

EN 

34 

   EN 

 
Article 13 [Article R6 of Decision No 768/2008/EC] 
Cases in which obligations of manufacturers apply to importers and distributors 

An  importer  or  distributor  shall  be  considered  a  manufacturer  for  the  purposes  of  this 
Directive and he shall be subject to the obligations of the manufacturer under Article 8, where 
he  places  a  pyrotechnic  article  on  the  market  under  his  name  or  trademark  or  modifies  a 
pyrotechnic  article  already  placed  on  the  market  in  such  a  way  that  compliance  with  the 
requirements of this Directive may be affected. 

Article 14 [Article R7 of Decision No 768/2008/EC] 
Identification of economic operators 

Economic  operators  shall,  on  request,  identify  the  following  to  the  market  surveillance 
authorities: 

(a) 

(b) 

any economic operator who has supplied them with a pyrotechnic article; 

any economic operator to whom they have supplied a pyrotechnic article. 

Economic operators shall be able to present the information referred to in the first paragraph 
for a period of 10 years after they have been supplied with the pyrotechnic article and for a 
period of 10 years after they have supplied the pyrotechnic article. 

Chapter 3 
Conformity of the pyrotechnic article 

(cid:208) 2007/23/EC 

Article 8 

Harmonised standards 

1. 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 or encourage the relevant international bodies to draw up or revise 
international standards. 

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

3. Member States shall ensure that the harmonised standards published in the Official Journal 
of  the  European  Union  are  acknowledged  and  adopted.  Member  States  shall  consider 
pyrotechnic articles falling within the scope of this Directive which comply with the relevant 
national standards transposing the harmonised standards published in the Official Journal of 
the  European  Union  to  be  in  conformity  with  the  essential  safety  requirements  set  out  in 
Annex I.  Member  States  shall  publish  the  references  of  the  national  standards  transposing 
those harmonised standards. 

EN 

35 

   EN 

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

4. Where a Member State or the Commission considers that the harmonised standards referred 
to in paragraph 2 of this Article do not fully satisfy the essential safety requirements set out in 
Annex I,  the  Commission  or  the  Member  State  concerned  shall  refer  the  matter  to  the 
Standing  Committee  set  up  by  Directive  98/34/EC,  giving  its  reasons.  The  Standing 
Committee  shall  deliver  its  opinion  within  six  months  of  such  referral.  In  the  light  of  the 
Standing  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. 

(cid:216) new 

Article 15[Article R8 of Decision No 768/2008/EC] 
Presumption of conformity of pyrotechnic articles 

Pyrotechnic articles which are in conformity with harmonised standards or parts thereof  the 
references of which have been published in the Official Journal of the European Union shall 
be  presumed  to  be  in  conformity  with  the  essential  safety  requirements  covered  by  those 
standards or parts thereof, set out in Annex I. 

[Where a harmonised standard satisfies the requirements which it covers and which are set out 
in Article 24 or Annex I, the Commission shall publish the references of those standards in 
the Official Journal of the European Union.] 

(cid:208) 2007/23/EC 

Article 916 
Conformity assessment procedures 

For the assessment of conformity of pyrotechnic articles the manufacturer shall follow one of 
the following procedures: 

(cid:208) 2007/23/EC (adapted) 

(a) 

the  EC⌦ EU ⌫  type-examination  (Module  B)  procedure  referred  to  in  Annex II, 
Section 1,  and,  at  the  choice  of  the  manufacturer,  either⌦ one  of  the  following 
procedures ⌫: 

(i) 

the conformity to type ⌦ based on internal production control plus supervised 
product  checks  at  random  intervals ⌫  (Module  C2)  procedure  referred  to  in 
Annex II, Section 2,; 

EN 

36 

   EN 

 
 
 
 
(ii) 

the production⌦ conformity to type based on ⌫ quality assurance ⌦ of the 
production process ⌫ (Module D) procedure referred to in Annex II, Section 
3, or; 

(iii) 

the ⌦ conformity to type based on ⌫ product quality assurance (Module E) 
procedure referred to in Annex II, Section 4; 

the⌦ conformity based on ⌫ unit verification (Module G) procedure referred to in 
Annex II, Section 5; or; 

the⌦ conformity based on ⌫ full product quality assurance procedure (Module H) 
referred to in Annex II, Section 6, insofar as it concerns fireworks of category 4. 

(cid:216) new 

Article 17 [Article R10 of Decision No 768/2008/EC] 
EU declaration of conformity 

The EU declaration of conformity shall state that the fulfilment of the essential safety 
requirements set out in Annex I has been demonstrated. 

The EU declaration of conformity shall contain the elements specified in the relevant 
modules set out in Annex II to this Directive, shall have the model structure set out in 
Annex III to Decision No 768/2008/EC and shall be continuously updated. It shall be 
translated  into  the  language  or  languages  required  by  the  Member  State  in  which 
market the pyrotechnic article is placed or made available. 

Where a pyrotechnic article is subject to more than one Union act requiring an EU 
declaration of conformity, a single EU declaration of conformity shall be drawn up in 
respect of all such Union acts. That declaration shall contain the identification of the 
acts concerned including the publication references. 

By  drawing  up  the  EU  declaration  of  conformity,  the  manufacturer  shall  assume 
responsibility for the compliance of the pyrotechnic article. 

(b) 

(c) 

1. 

2. 

3. 

4. 

Article 18 [Article R11 of Decision No 768/2008/EC] 
General principles of the CE marking 

The CE marking shall be subject to the general principles set out in Article 30 of Regulation 
(EC) No 765/2008. 

EN 

37 

   EN 

 
 
(cid:208) 2007/23/EC (adapted) 

Article 1119 ⌦ [Article R12 of Decision No 768/2008/EC] ⌫  
Obligation to affix ⌦ Rules and conditions for affixing ⌫ the CE marking ⌦ and other 
markings ⌫ 

1. 

After  having  successfully  completed  the  conformity  assessment  in  accordance  with 
Article 9, manufacturers shall⌦ The CE marking shall be affixed ⌫ visibly, legibly 
and  indelibly  affix  the  CE  marking  to  the  pyrotechnic  articles.  themselves  or,  if 
this⌦ Where that ⌫ is not possible ⌦ or not warranted on account of the nature of 
the  pyrotechnic  article,  it  shall  be  affixed ⌫,  to  an  identification  plate  attached 
thereto  or  to  the  packaging  ⌦ and  to  the  accompanying  documents ⌫.  The 
identification plate must be so designed as to make its reuse impossible. 

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

(cid:208) 2007/23/EC 

2. 

3. 

4. 

5. 

6. 

No  marking  or  inscription  which  may  confuse  third  persons  as  to  the  meaning  and 
form of the CE marking may be affixed to pyrotechnic articles. Any other marking 
may be affixed to pyrotechnic articles provided the visibility and legibility of the CE 
marking is not impaired. 

Where pyrotechnic articles are subject to other Community legislation which covers 
other aspects of, and prescribes the affixing of, the CE marking, this marking shall 
indicate  that  those  articles  are  also  presumed  to  conform  to  the  provisions  of  the 
other legislation which applies to them. 

(cid:216) new 

The  CE  marking  shall  be  affixed  before  the  pyrotechnic  article  is  placed  on  the 
market. 

The CE marking shall be followed by the identification number of the notified body, 
where that body is involved in the production control phase. 

The identification number of the notified body shall be affixed by the body itself or, 
under its instructions, by the manufacturer. 

The  CE  marking  and,  where  applicable,  the  identification  number  referred  to  in 
paragraph 3 may be followed by a pictogram or any other mark indicating a special 
risk or use. 

EN 

38 

   EN 

 
 
 
 
Chapter 4 
⌦ Notification of conformity assessment bodies ⌫ 

(cid:208) 2007/23/EC (adapted) 

Article 1020 ⌦ [Article R13 of Decision No 768/2008/EC] ⌫  
Notified bodies ⌦ Notification ⌫ 

1. Member States shall inform ⌦ notify ⌫ the Commission and the other Member States of 
the  bodies  ⌦ authorised ⌫  which  they  have  appointed  to  carry  out  the  conformity 
assessment  procedures  referred  to  in  Article 9,  together  with  the  specific  ⌦ third-party 
conformity  assessment ⌫  tasks  ⌦ under  this  Directive ⌫  which  these  bodies  have  been 
appointed to carry out and the identification numbers assigned to them by the Commission. 

(cid:208) 2007/23/EC 

3. Member States shall apply the minimum criteria set out in Annex III for the assessment of 
bodies of which the Commission is to be notified. Bodies which meet the assessment criteria 
laid  down  by  the  harmonised  standards  relevant  for  notified  bodies  shall  be  presumed  to 
satisfy the relevant minimum criteria. 

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

5.  If  the  notification  of  a  body  is  withdrawn,  the  attestations  of  conformity  and  the  related 
documents  provided  by  the  body  in  question  shall  remain  valid  unless  it  is  established  that 
there is an imminent and direct risk to health and safety. 

6.  The  Commission  shall  make  available  to  the  public  on  its  website  the  withdrawal  of  the 
notification of the body in question. 

(cid:216) new 

Article 21 [Article R14 of Decision No 768/2008/EC] 
Notifying authorities 

1. 

Member  States  shall  designate  a  notifying  authority  that  shall  be  responsible  for 
setting  up  and  carrying  out  the  necessary  procedures  for  the  assessment  and 
notification of conformity assessment bodies and the monitoring of notified bodies, 
including compliance with Article 26. 

EN 

39 

   EN 

 
 
 
 
2. 

1. 

2. 

3. 

4. 

5. 

6. 

Member  States  may  decide  that  the  assessment  and  monitoring  referred  to  in 
paragraph 1 shall be carried out by a national accreditation body within the meaning 
of and in accordance with Regulation (EC) No 765/2008. 

Article 22 [Article R15 of Decision No 768/2008/EC] 
Requirements relating to notifying authorities 

A  notifying  authority  shall  be  established  in such a way  that no  conflict of interest 
with conformity assessment bodies occurs. 

A  notifying  authority  shall  be  organised  and  operated  so  as  to  safeguard  the 
objectivity and impartiality of its activities. 

A notifying authority shall be organised in such a way that each decision relating to 
notification of a conformity assessment body is taken by competent persons different 
from those who carried out the assessment. 

A  notifying  authority  shall  not  offer  or  provide  any  activities  that  conformity 
assessment bodies perform or consultancy services on a commercial or competitive 
basis. 

A notifying authority shall safeguard the confidentiality of the information it obtains. 

A  notifying  authority  shall  have  a  sufficient  number  of  competent  personnel  at  its 
disposal for the proper performance of its tasks. 

Article 23 [Article R16 of Decision No 768/2008/EC] 
Information obligation on notifying authorities 

Member  States  shall  inform  the  Commission  of  their  procedures  for  the  assessment  and 
notification  of  conformity  assessment  bodies  and  the  monitoring  of  notified  bodies,  and  of 
any changes thereto. 

The Commission shall make that information publicly available. 

Article 24 [Article R17 of Decision No 768/2008/EC] 
Requirements relating to notified bodies 

1. 

2. 

3. 

4. 

For  the  purposes  of  notification,  a  conformity  assessment  body  shall  meet  the 
requirements laid down in paragraphs 2 to 11. 

A conformity assessment body shall be established under national law and have legal 
personality. 

A  conformity  assessment  body  shall  be  a  third-party  body  independent  of  the 
organisation or the pyrotechnic article it assesses. 

A  conformity  assessment  body,  its  top  level  management  and  the  personnel 
responsible  for  carrying  out  the  conformity  assessment  tasks  shall  not  be  the 
designer,  manufacturer,  supplier,  installer,  purchaser,  owner,  user  or  maintainer  of 

EN 

40 

   EN 

 
5. 

6. 

pyrotechnic  articles  and/or  explosive  substances  which  they  assess.  This  shall  not 
preclude  the  use  of  pyrotechnic  articles  and/or  explosive  substances  that  are 
necessary  for  the  operations  of  the  conformity  assessment  body  or  the  use  of  such 
products for personal purposes. 

A  conformity  assessment  body,  its  top  level  management  and  the  personnel 
responsible  for  carrying  out  the  conformity  assessment  tasks  shall  not  be  directly 
involved in the design, manufacture or construction, the marketing, installation, use 
or  maintenance  of  those  pyrotechnic  articles  and/or  explosive  substances,  or 
represent the parties engaged in those activities. They shall not engage in any activity 
that  may  conflict  with  their  independence  of  judgement  or  integrity  in  relation  to 
conformity assessment activities for which they are notified. This shall in particular 
apply to consultancy services. 

Conformity assessment bodies shall ensure that the activities of their subsidiaries or 
subcontractors  do  not  affect  the  confidentiality,  objectivity  or  impartiality  of  their 
conformity assessment activities. 

Conformity  assessment  bodies  and  their  personnel  shall  carry  out  the  conformity 
assessment  activities  with  the  highest  degree  of  professional  integrity  and  the 
requisite  technical  competence  in  the  specific  field  and  shall  be  free  from  all 
pressures  and  inducements,  particularly  financial,  which  might  influence  their 
judgement  or  the  results  of  their  conformity  assessment  activities,  especially  as 
regards persons or groups of persons with an interest in the results of those activities. 

A  conformity  assessment  body  shall  be  capable  of  carrying  out  all  the  conformity 
assessment  tasks  assigned  to  it  by  Article  16  and  in  relation  to  which  it  has  been 
notified, whether those tasks are carried out by the conformity assessment body itself 
or on its behalf and under its responsibility. 

At all times and for each conformity assessment procedure and each kind or category 
of products in relation to which it has been notified, a conformity assessment body 
shall have at its disposal the necessary: 

(a)  personnel with technical knowledge and sufficient and appropriate experience 

to perform the conformity assessment tasks; 

(b)  descriptions of procedures in accordance with which conformity assessment is 
carried out, ensuring the transparency and the ability of reproduction of those 
procedures.  It  shall  have  appropriate  policies  and  procedures  in  place  that 
distinguish between tasks it carries out as a notified body and other activities; 

(c)  procedures for the performance of activities which take due account of the size 
of  an  undertaking,  the  sector  in  which  it  operates,  its  structure,  the  degree  of 
complexity of the product technology in question and the mass or serial nature 
of the production process. 

It  shall  have  the  means  necessary  to  perform  the  technical and administrative tasks 
connected  with  the  conformity  assessment  activities  in  an  appropriate  manner  and 
shall have access to all necessary equipment or facilities. 

EN 

41 

   EN 

 
7. 

The  personnel  responsible  for  carrying  out  conformity  assessment  activities  shall 
have the following: 

(a) 

(b) 

(c) 

sound technical and vocational training covering all the conformity assessment 
activities  in  relation  to  which  the  conformity  assessment  body  has  been 
notified; 

satisfactory  knowledge  of  the  requirements  of  the  assessments  they  carry  out 
and adequate authority to carry out those assessments; 

appropriate knowledge and understanding of the essential safety requirements 
set out in Annex I, of the applicable harmonised standards and of the relevant 
provisions of Union harmonisation legislation and of national legislation; 

(d) 

the  ability  to  draw  up  certificates,  records  and  reports  demonstrating  that 
assessments have been carried out. 

8. 

The  impartiality  of  the  conformity  assessment  bodies,  their  top  level  management 
and of the assessment personnel shall be guaranteed. 

9. 

10. 

11. 

The  remuneration  of  the  top  level  management  and  assessment  personnel  of  a 
conformity assessment body shall not depend on the number of assessments carried 
out or on the results of those assessments. 

Conformity  assessment  bodies  shall  take  out  liability  insurance  unless  liability  is 
assumed by the State in accordance with national law, or the Member State itself is 
directly responsible for the conformity assessment. 

The  personnel  of  a  conformity  assessment  body  shall  observe  professional  secrecy 
with regard to all information obtained in carrying out their tasks under Article 16 or 
any provision of national law giving effect to it, except in relation to the competent 
authorities  of  the  Member  State  in  which  its  activities  are  carried  out.  Proprietary 
rights shall be protected. 

Conformity  assessment  bodies  shall  participate  in,  or  ensure  that  their  assessment 
personnel are informed of, the relevant standardisation activities and the activities of 
the  notified  body  coordination  group  established  under  the  relevant  Union 
harmonisation legislation and apply as general guidance the administrative decisions 
and documents produced as a result of the work of that group. 

Article 25 [Article R18 of Decision No 768/2008/EC] 
Presumption of conformity of notified bodies 

Where a conformity assessment body demonstrates its conformity with the criteria laid down 
in  the  relevant  harmonised  standards  or  parts  thereof  the  references  of  which  have  been 
published in the Official Journal of the European Union it shall be presumed to comply with 
the requirements set out in Article 24 in so far as the applicable harmonised standards cover 
those requirements. 

EN 

42 

   EN 

 
Article 26 [Article R20 of Decision No 768/2008/EC] 
Subsidiaries of and subcontracting by notified bodies 

Where  a  notified  body  subcontracts  specific  tasks  connected  with  conformity 
assessment  or  has  recourse  to  a  subsidiary,  it  shall  ensure  that  the  subcontractor  or 
the  subsidiary  meets  the  requirements  set  out  in  Article  24  and  shall  inform  the 
notifying authority accordingly. 

the 
Notified  bodies  shall 
subcontractors or subsidiaries wherever these are established. 

take  full  responsibility  for 

tasks  performed  by 

Activities  may  be  subcontracted  or  carried  out  by  a  subsidiary  only  with  the 
agreement of the client. 

Notified  bodies  shall  keep  at  the  disposal  of  the  notifying  authority  the  relevant 
documents concerning the assessment of the qualifications of the subcontractor or the 
subsidiary and the work carried out by them under Article 16. 

Article 27 [Article R22 of Decision No 768/2008/EC] 
Application for notification 

A  conformity  assessment  body  shall  submit  an  application  for  notification  to  the 
notifying authority of the Member State in which it is established. 

That application shall be accompanied by a description of the conformity assessment 
activities, the conformity assessment module or modules and the product or products 
for which that body claims to be competent, as well as by an accreditation certificate, 
where  one  exists,  issued  by  a  national  accreditation  body  attesting  that  the 
conformity assessment body fulfils the requirements laid down in Article 24. 

Where  the  conformity  assessment  body  concerned  cannot  provide  an  accreditation 
certificate, it shall provide the notifying authority with all the documentary evidence 
necessary for the verification, recognition and regular monitoring of its compliance 
with the requirements laid down in Article 24. 

Article 28 [Article R23 of Decision No 768/2008/EC] 
Notification procedure 

Notifying  authorities  may  notify  only  conformity  assessment  bodies  which  have 
satisfied the requirements laid down in Article 24. 

They shall notify the Commission and the other Member States using the electronic 
notification tool developed and managed by the Commission. 

The notification shall include full details of the conformity assessment activities, the 
conformity  assessment  module  or  modules  and  product  or  products  concerned  and 
the relevant attestation of competence. 

Where  a  notification  is  not  based  on  an  accreditation  certificate  as  referred  to  in 
Article  27(2),  the  notifying  authority  shall  provide  the  Commission  and  the  other 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

EN 

43 

   EN 

 
Member  States  with  documentary  evidence  which  attests  to  the  conformity 
assessment body's competence and the arrangements in place to ensure that that body 
will be monitored regularly and will continue to satisfy the requirements laid down in 
Article 24. 

5. 

The  body  concerned  may  perform  the  activities  of  a  notified  body  only  where  no 
objections  are  raised  by  the  Commission  or  the  other  Member  States  within  two 
weeks  of  a  notification  where  an  accreditation  certificate  is  used  or  within  two 
months of a notification where accreditation is not used. 

Only  such  a  body  shall  be  considered  a  notified  body  for  the  purposes  of  this 
Directive. 

6. 

The  Commission  and  the  other  Member  States  shall  be  notified  of  any  subsequent 
relevant changes to the notification. 

Article 29 [Article R24 of Decision No 768/2008/EC] 
Identification numbers and lists of notified bodies 

1. 

The Commission shall assign an identification number to a notified body. 

It  shall  assign  a  single  such  number  even  where  the  body  is  notified  under  several 
Union acts. 

(cid:208) 2007/23/EC (adapted) 

2. 

The Commission shall make ⌦ publicly ⌫ available to the public on its website a 
⌦ the ⌫  list  of  the  notified  bodies  ⌦ notified  under  this  Directive,  including 
the ⌫ and their identification numbers ⌦ that have been allocated to them ⌫ and 
the tasks ⌦ activities ⌫ for which they have been notified. 

The Commission shall ensure that this ⌦ that ⌫ list is kept up to date. 

(cid:216) new 

Article 30 [Article R25 of Decision No 768/2008/EC] 
Changes to notifications 

1. 

Where a notifying authority has ascertained or has been informed that a notified body 
no longer meets the requirements laid down in Article 24 or that it is failing to fulfil 
its obligations, the notifying authority shall restrict, suspend or withdraw notification 
as  appropriate,  depending  on  the  seriousness  of  the  failure  to  meet  those 
requirements or fulfil those obligations. It shall immediately inform the Commission 
and the other Member States accordingly. 

2. 

In  the  event  of  restriction,  suspension  or  withdrawal  of  notification,  or  where  the 
notified  body  has  ceased  its  activity,  the  notifying  Member  State  shall  take 

EN 

44 

   EN 

 
 
 
appropriate steps to ensure that the files of that body are either processed by another 
notified body or kept available for the responsible notifying and market surveillance 
authorities at their request. 

Article 31 [Article R26 of Decision No 768/2008/EC] 
Challenge of the competence of notified bodies 

The Commission shall investigate all cases where it doubts, or doubt is brought to its 
attention regarding, the competence of a notified body or the continued fulfilment by 
a notified body of the requirements and responsibilities to which it is subject. 

The  notifying  Member  State  shall  provide  the  Commission,  on  request,  with  all 
information  relating  to  the  basis  for  the  notification  or  the  maintenance  of  the 
competence of the body concerned. 

The Commission shall ensure that all sensitive information obtained in the course of 
its investigations is treated confidentially. 

Where  the  Commission  ascertains  that  a  notified  body  does  not  meet  or  no  longer 
meets the requirements for its notification, it shall inform the notifying Member State 
accordingly  and  request  it  to  take  the  necessary  corrective  measures,  including  de-
notification if necessary. 

Article 32 [Article R27 of Decision No 768/2008/EC] 
Operational obligations of notified bodies 

Notified  bodies  shall  carry  out  conformity  assessments  in  accordance  with  the 
conformity assessment procedures provided for in Article 16. 

Conformity  assessments  shall  be  carried  out  in  a  proportionate  manner,  avoiding 
unnecessary  burdens  for  economic  operators.  Conformity  assessment  bodies  shall 
perform their activities taking due account of the size of an undertaking, the sector in 
which it operates, its structure, the degree of complexity of the product technology in 
question and the mass or serial nature of the production process. 

In  so  doing  they  shall  nevertheless  respect  the  degree  of  rigour  and  the  level  of 
protection  required  for  the  compliance  of  the  pyrotechnic  article  with  the 
requirements of this Directive. 

Where a notified body finds that essential safety requirements set out in Annex I or 
corresponding harmonised standards or technical specifications have not been met by 
a  manufacturer,  it  shall  require  that  manufacturer  to  take  appropriate  corrective 
measures and shall not issue a conformity certificate. 

Where,  in  the  course  of  the  monitoring  of  conformity  following  the  issue  of  a 
certificate, a notified body finds that a pyrotechnic article no longer complies, it shall 
require the manufacturer to take appropriate corrective measures and shall suspend or 
withdraw the certificate if necessary. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

EN 

45 

   EN 

 
5. 

Where  corrective  measures  are  not  taken  or  do  not  have  the  required  effect,  the 
notified body shall restrict, suspend or withdraw any certificates, as appropriate. 

Article 33 
Appeal against decisions of notified bodies 

Member States shall ensure that an appeal procedure against decisions of the notified bodies 
is available. 

Article 34 [Article R28 of Decision No 768/2008/EC] 
Information obligation on notified bodies 

1. 

Notified bodies shall inform the notifying authority of the following: 

(a) 

any refusal, restriction, suspension or withdrawal of a certificate; 

(b) 

any circumstances affecting the scope of and conditions for notification; 

(c) 

any request for information which they have received from market surveillance 
authorities regarding conformity assessment activities; 

(d)  on  request,  conformity  assessment  activities  performed  within  the  scope  of 
their  notification  and  any  other  activity  performed,  including  cross-border 
activities and subcontracting. 

2. 

Notified bodies shall provide the other bodies notified under this Directive carrying 
out  similar  conformity  assessment  activities  covering  the  same  products  with 
relevant  information  on  issues  relating  to  negative  and,  on  request,  positive 
conformity assessment results. 

Article 35 [Article R29 of Decision No 768/2008/EC] 
Exchange of experience 

The  Commission  shall  provide  for  the  organisation  of  exchange  of  experience  between  the 
Member States' national authorities responsible for notification policy. 

Article 36 [Article R30 of Decision No 768/2008/EC] 
Coordination of notified bodies 

The Commission shall ensure that appropriate coordination and cooperation between bodies 
notified under this Directive are put in place and properly operated in the form of a forum of 
notified bodies. 

Member  States  shall  ensure  that  the  bodies  notified  by  them  participate  in  the  work  of  that 
forum, directly or by means of designated representatives. 

EN 

46 

   EN 

 
Chapter 5 
⌦ Union market surveillance, control of products entering 
the Union market and safeguard procedures ⌫  

(cid:208) 2007/23/EC (adapted) 

Article 1437 
⌦ Union ⌫ Mmarket surveillance ⌦ and control of products entering the Union 
market ⌫ 

(cid:208) 2007/23/EC 

1. Member States shall take all appropriate measures to ensure that pyrotechnic articles 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. 

2. Member States shall carry out regular inspections of pyrotechnic articles on entry into the 
Community and at storage and manufacturing sites. 

3. Member States shall take appropriate measures to ensure that when pyrotechnic articles are 
transferred within the Community, the safety and public security and protection requirements 
of this Directive are met. 

4. 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 a CE 
marking. 

1. 

Article 15(3) and Articles 16 to 29 of Regulation (EC) No 765/2008 shall  apply to 
pyrotechnic articles. 

(cid:216) new 

(cid:208) 2007/23/EC 

52. 

Member  States  shall 
surveillance activities. 

inform 

the  Commission  annually  about 

their  market 

6.  Where  a  Member  State  ascertains  that  a  pyrotechnic  article,  bearing  a  CE  marking, 
accompanied  by  the  EC  declaration  of  conformity  and  used  in  accordance  with  its  intended 
purpose,  is  liable  to  endanger  the  health  and  safety  of  persons,  it  shall  take  all  appropriate 
provisional measures to withdraw that article from the market, to prohibit its being placed on 

EN 

47 

   EN 

 
 
 
 
 
the market or to restrict its free movement. The Member State shall inform the Commission 
and the other Member States thereof. 

7. The Commission shall make available to the public on its website the names of articles that, 
pursuant to paragraph 6, have been withdrawn from the market, have been banned or are to be 
placed on the market subject to restriction.  

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

Article 3815 ⌦ [Article R31 of Decision No 768/2008/EC] ⌫  
Rapid information on products⌦ Procedure for dealing with pyrotechnic articles ⌫ 
presenting serious risks ⌦ a risk at national level ⌫ 

1. 

Where  ⌦ the  market  surveillance  authorities  of  one ⌫  a  Member  State  (cid:214) have 
taken  action  pursuant  to  Article  20  of  Regulation  (EC)  No  765/2008,   has⌦ or 
where they have ⌫ sufficient reasons to believe that a pyrotechnic article presents a 
serious  risk  to  the  health  and/or  safety  of  persons  (cid:214) or  to  other  aspects  of  public 
interest protection covered by this Directive,  in the Community, it shall inform the 
Commission  and  the  other  Member  States  thereof  and⌦ they ⌫  shall  ⌦ carry 
out ⌫  perform  an  appropriate  evaluation  (cid:214) in  relation  to  the  pyrotechnic  article 
concerned  covering  all  the  requirements  laid  down  in  this  Directive.  The  relevant 
economic  operators  shall  cooperate  as  necessary  with  the  market  surveillance 
authorities .  It  shall  inform  the  Commission  and  the  other  Member  States  of  the 
background for and the results of the evaluation. 

(cid:216) new 

Where, in the course of that evaluation, the market surveillance authorities find that 
the  pyrotechnic  article  does  not  comply  with  the  requirements  laid  down  in  this 
Directive, they shall without delay require the relevant economic operator to take all 
appropriate  corrective  action  to  bring  the  pyrotechnic  article  into  compliance  with 
those requirements, to withdraw the pyrotechnic article from the market, or to recall 
it within a reasonable period, commensurate with the nature of the risk, as they may 
prescribe. 

The  market  surveillance  authorities  shall  inform  the  relevant  notified  body 
accordingly. 

Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in 
the second subparagraph. 

2. 

Where  the  market  surveillance  authorities  consider  that  non-compliance  is  not 
restricted to their national territory, they shall inform the Commission and the other 
Member  States  of  the  results  of  the  evaluation  and  of  the  actions  which  they  have 
required the economic operator to take. 

EN 

48 

   EN 

 
 
 
3. 

4. 

5. 

6. 

7. 

8. 

The economic operator shall ensure that all appropriate corrective action is taken in 
respect  of  all  the  pyrotechnic  articles  concerned  that  it  has  made  available  on  the 
market throughout the Union. 

Where  the  relevant  economic  operator  does  not  take  adequate  corrective  action 
within the period referred to in the second subparagraph of paragraph 1, the market 
surveillance authorities shall take all appropriate provisional measures to prohibit or 
restrict  the  pyrotechnic  articles  being  made  available  on  their  national  market,  to 
withdraw the pyrotechnic article from that market or to recall it. 

The  market  surveillance  authorities  shall  inform  the  Commission  and  the  other 
Member States, without delay, of those measures. 

The  information  referred  to  in  paragraph  4  shall  include  all  available  details,  in 
particular the data necessary for the identification of the non-compliant pyrotechnic 
article, the origin of the pyrotechnic article, the nature of the non-compliance alleged 
and the risk involved, the nature and duration of the national measures taken and the 
arguments put forward by the relevant economic operator. In particular, the market 
surveillance authorities shall indicate whether the non-compliance is due to either of 
the following: 

(a) 

failure of the pyrotechnic article to meet requirements relating to the health or 
safety of persons or to other aspects of public interest protection laid down in 
this Directive; 

(b) 

shortcomings in the harmonised standards referred to in Article 15 conferring a 
presumption of conformity. 

Member  States  other  than  the  Member  State  initiating  the  procedure  shall  without 
delay inform the Commission and the other Member States of any measures adopted 
and of any additional information at their disposal relating to the non-compliance of 
the pyrotechnic article concerned, and, in the event of disagreement with the notified 
national measure, of their objections. 

Where, within 3 months of receipt of the information referred to in paragraph 4, no 
objection has been raised by either a Member State or the Commission in respect of a 
provisional  measure  taken  by  a  Member  State,  that  measure  shall  be  deemed 
justified. 

Member States shall ensure that appropriate restrictive measures are taken in respect 
of the pyrotechnic article concerned without delay. 

EN 

49 

   EN 

 
1. 

2. 

23. 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

Article 1639 ⌦ [Article R32 of Decision No 768/2008/EC] 
Union ⌫ Ssafeguard clause ⌦ procedure ⌫ 

Where  a  Member  State  disagrees  with  the  provisional  measures  taken  by  another 
Member State pursuant to Article 14(6)⌦ Where on completion of the procedure set 
out  in  Article  38(3)  and  (4),  objections  are  raised  against  measures  taken  by  a 
Member  State, ⌫  or  where  the  Commission  considers  that  such  measures  are 
contrary  to  Community⌦ Union ⌫  legislation,  the  Commission  shall  consult, 
without  delay,  ⌦ enter  into  consultation  with  the  Member  States  and  the  relevant 
economic operator or operators and shall evaluate the national measure. On the basis 
of  the  results  of  that  evaluation,  the  Commission  shall ⌫  (cid:214) decide  ⌦ whether 
the  national  measure  is  justified  or  not ⌫  all  parties  concerned,  evaluate  the 
measures  and  take  a  position  as  to  whether  or  not  the  measures  are  justified.  The 
Commission shall notify its position to the Member States and inform the interested 
parties. 

The  Commission  shall  address  its  decision  to  all  Member  States  and  shall 
immediately  communicate  it  to  them  and  the  relevant  economic  operator  or 
operators. 

(cid:216) new 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

If  the  Commission  considers  that  the  national  measures  are  ⌦ is  considered ⌫ 
justified,  the  other⌦ all ⌫  Member  States  shall  take  the  necessary  measures  to 
ensure that the unsafe⌦ non-compliant ⌫ article is withdrawn from their national 
market  and  ⌦ shall ⌫  inform  the  Commission  thereof  ⌦ accordingly ⌫.  If  the 
Commission  considers  that  the  national  measures  are  not  ⌦ is  considered 
unjustified ⌫  justified,  the  Member  State  concerned  shall  withdraw  them  ⌦ the 
measure ⌫ . 

Where  the  provisional⌦ national ⌫  measures  referred  to  in  paragraph 1⌦ is 
considered  justified  and  the  non-compliance  of  the  pyrotechnic  article  is  attributed 
to ⌫ are based on a shortcoming in ⌦ the ⌫ harmonised standards ⌦ referred to 
in  Article 15  of  this  Directive ⌫,  the  Commission  shall  (cid:214) apply  the  procedure 
provided  for 
in  Article  8  of  Regulation  (EU)  No  [../..]  [on  European 
Standardisation]   refer  the  matter  to  the  Standing  Committee  set  up  by  Directive 
98/34/EC  if  the  Member  State  at  the  origin  of  the  measures  maintains  its  position, 
and the Commission or that Member State shall initiate the procedure referred to in 
Article 8. 

EN 

50 

   EN 

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

1. 

2. 

3. 

4. 

5. 

1. 

(cid:216) new 

Article 40 [Article R33 of Decision No 768/2008/EC] 
Compliant pyrotechnic articles which present a risk to health and safety 

Where,  having  performed  an  evaluation  under  Article  38(1),  a  Member  State  finds 
that although a pyrotechnic article is in compliance with this Directive, it presents a 
risk to the health or safety of persons or to other aspects of public interest protection, 
it  shall  require  the  relevant  economic  operator  to  take  all  appropriate  measures  to 
ensure that the pyrotechnic article concerned, when placed on the market, no longer 
presents that risk, to withdraw the pyrotechnic article from the market or to recall it 
within  a  reasonable  period,  commensurate  with  the  nature  of  the  risk,  as  it  may 
prescribe. 

The economic operator shall ensure that corrective action is taken in respect of all the 
pyrotechnic articles concerned that he has made available on the market throughout 
the Union. 

The Member State shall immediately inform the Commission and the other Member 
States.  That  information  shall  include  all  available  details,  in  particular  the  data 
necessary  for  the  identification  of  the  pyrotechnic  article  concerned,  the  origin  and 
the  supply  chain  of  the  pyrotechnic  article,  the  nature  of  the  risk  involved  and  the 
nature and duration of the national measures taken. 

The Commission shall without delay enter into consultation with the Member States 
and  the  relevant  economic  operator  or  operators  and  shall  evaluate  the  national 
measures taken. On the basis of the results of that evaluation, the Commission shall 
decide  whether  the  measure  is  justified  or  not,  and  where  necessary,  propose 
appropriate measures. 

The  Commission  shall  address  its  decision  to  all  Member  States  and  shall 
immediately  communicate  it  to  them  and  the  relevant  economic  operator  or 
operators. 

Article 41 [Article R34 of Decision No 768/2008/EC] 
Formal non-compliance 

Without prejudice to Article 38, where a Member State makes one of the following 
findings,  it  shall  require  the  relevant  economic  operator  to  put  an  end  to  the  non-
compliance concerned: 

(a) 

the CE marking has been affixed in violation of Article 30 of Regulation (EC) 
No 765/2008 or of Article 20 of this Directive; 

EN 

51 

   EN 

 
 
(b) 

the CE marking has not been affixed; 

(c) 

the EU declaration of conformity has not been drawn up; 

(d) 

the EU declaration of conformity has not been drawn up correctly; 

(e) 

technical documentation is either not available or not complete. 

2. 

Where  the  non-compliance  referred  to  in  paragraph  1  persists,  the  Member  State 
concerned  shall take all appropriate measures to restrict or prohibit the pyrotechnic 
article being made available on the market or ensure that it is recalled or withdrawn 
from the market. 

(cid:208) 2007/23/EC 

Article 17 

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 of the Member State concerned, and of the time limits 
to which such remedies are subject. 

2.  In  the  event  of  a  measure  referred  to  in  paragraph 1,  the  party  concerned  shall  have  an 
opportunity  to  put  forward  his  views  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. 

EN 

52 

   EN 

 
 
 
 
(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

Chapter 6 
⌦ Delegated and implementing powers ⌫ 

Article 1842 
Implementing measures ⌦ Delegated power ⌫ 

1. The following measures designed to amend non-essential elements of this Directive, inter 
alia  by  supplementing  it  by  the  addition  of  new  non-essential  elements,  shall  be  adopted  in 
accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in  Article 19(2)  (cid:214) The 
Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with  Article  46 
concerning : 

(a)  ⌦ identification of pyrotechnic articles referred to in Article 3(1) on the basis of ⌫ 
adaptations  necessary  to  take  account  of  any  future  amendments  to  United  Nations 
recommendations ⌦ on the transport of dangerous goods ⌫; 

(b) 

(c) 

1. 

2. 

3. 

adaptations to technical progress of Annexes II and III; 

adaptations of the labelling requirements set out in Articles 129 and 1310. 

(cid:208) 2007/23/EC 

(cid:216) new 

Article 43 
Exercise of the delegation 

The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 
conditions laid down in this Article. 

The  delegation  of  power  referred  to  in  Article  42  shall  be  conferred  for  an 
indeterminate period of time from […] [insert a date - the date of entry into force of 
this Directive]. 

The delegation of powers referred to in Article 42 may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an end to 
the  delegation  of  the  power  specified  in  that  decision.  It  shall  take  effect  the  day 
following  the  publication  of  the  decision  in  the  Official  Journal  of  the  European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force.  

EN 

53 

   EN 

 
 
 
 
4. 

5. 

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  

A  delegated  act  adopted  pursuant  to  Article  42  shall  enter  into  force  only  if  no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within a period of 2 months of notification of that act to the European Parliament and 
the Council or if, before the expiry of that period, the European Parliament and the 
Council  have  both  informed  the  Commission  that  they  will  not  object.  That  period 
shall  be  extended  by  2  months  at  the  initiative  of  the  European  Parliament  or  the 
Council. 

Article 44 
Implementing powers 

The Commission shall adopt implementing acts in order to set up the following: 

2.  The  following  measures  shall  be  adopted  in  accordance  with  the  regulatory  procedure 
referred to in Article 19(3) 

(cid:208) 2007/23/EC 

(cid:208) 2007/23/EC (adapted) 

(a) 

(b) 

the setting up ofa traceability system, including a registration number and a register 
at EU ⌦ Union ⌫ level in order to identify types of pyrotechnic articles and their 
manufacturer; 

the  setting  up  ofcommon  criteria  for  the  regular  collection  and  updating  of  data  on 
accidents related to pyrotechnic articles. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 45(2). 

(cid:216) new 

(cid:208) 2007/23/EC (adapted) 

Article 1945 
Committee ⌦ procedure ⌫ 

1. 

The  Commission  shall  be  assisted  by  ⌦ the ⌫  a  cCommittee  ⌦ on  Pyrotechnic 
Articles.  That  committee  shall  be  a  committee  within  the  meaning  of  Regulation 
(EU) No 182/2011 ⌫. 

EN 

54 

   EN 

 
 
 
 
 
2. Where reference is made to this paragraph, Article 5a(1) to (4), and Article 7 of Decision 
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. 

(cid:208) 2007/23/EC 

32. 

Where  reference  is  made  to  this  paragraph,  Articles 5  and  7  of  Decision 
1999/468/EC  (cid:214) Regulation  (EU)  No  182/2011   shall  apply,  having  regard  to  the 
provisions of Article 8 thereof. 

(cid:208) 2007/23/EC 
(cid:214) new 

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 

(cid:208) 2007/23/EC 
(cid:214) new 

(cid:208) 2007/23/EC (adapted) 

⌦ Chapter 7 
Transitional and final provisions ⌫ 

Article 2046 
Penalties 

Member States shall lay down rules on penalties applicable to infringements of the provisions 
of  national  law  adopted  pursuant  to  this  Directive  and  ⌦ shall  take  all  the  measures 
necessary to ⌫ ensure that they are implemented⌦ enforced ⌫. 

The penalties provided for shall be effective, proportionate and dissuasive. 

(cid:208) 2007/23/EC 

Member States shall also adopt the necessary measures allowing them to detain consignments 
of pyrotechnic articles that fail to comply with this Directive. 

EN 

55 

   EN 

 
 
 
 
 
 
Member States shall notify those provisions to the European Commission by 3 July 2013 at 
the latest and shall notify it without delay of any subsequent amendment affecting them. 

(cid:216) new 

(cid:216) new 

Article 47 
Transitional provisions 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Member States shall not impede the making available on the market of pyrotechnic 
articles which are in conformity with Directive 2007/23/EC and which were placed 
on the market before 4 July 2013. 

National authorisations for fireworks of categories 1, 2 and 3 granted before 4 July 
2010 shall continue to be valid on the territory of the Member State having granted 
the authorisation until their expiry date or until 4 July 2017, whichever is earlier. 

National authorisations for other pyrotechnic articles, for fireworks of category 4 and 
for  theatrical  pyrotechnic  articles  granted  before  4  July  2013  shall  continue  to  be 
valid on the territory of the Member State having granted the authorisation until their 
expiry date or until 4 July 2017, whichever is earlier. 

By  way  of  derogation  from  paragraph  3,  national  authorisations  for  pyrotechnic 
articles for vehicles granted before 4 July 2013 shall continue to be valid until their 
expiry. 

Certificates  of  conformity  issued  under  Directive  2007/23/EC  shall  be  valid  under 
this Directive until 4 July 2020 unless they expire before that date. 

(cid:208) 2007/23/EC (adapted) 

Article 2148 
Transposition 

Member  States  shall  adopt  and  publish  by  4  January  2010  ⌦ 3  July  2013,  at  the 
latest ⌫,  the  laws,  regulations  and  administrative  provisions  necessary  to  comply 
with this Directive ⌦ Articles 3(8), 3(12), 3(13), 3(15) to (22), 4(1), 5, 8(2) to (7), 
11  to  15,  17  to  28,  30  to  34,  36,  37(1),  38  to  41,  46,  47  and  Annexes  I  and  II ⌫. 
They  shall  forthwith  communicate  to  the  Commission  the  text  of  those  provisions 
⌦ and a correlation table between those provisions and this Directive ⌫. 

They shall apply those provisions by 4 July 2010 ⌦ and the measures necessary to 
comply  with  the  provisions  of  this  Directive  on  other  pyrotechnic  articles,  on 
fireworks  of  category  4  and  on  theatrical  pyrotechnic  articles  from  4  July  2013 ⌫ 

EN 

56 

   EN 

 
 
 
 
for  fireworks  of  categories  1,  2  and  3  and  by  4 July  2013  for  other  pyrotechnic 
articles, for fireworks of category 4 and for theatrical pyrotechnic articles. 

3. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. ⌦ They shall also include a statement that references in existing laws, 
regulations and administrative provisions to the directive repealed by this Directive 
shall be construed as references to this Directive. ⌫ Member States shall determine 
how such reference is to be made ⌦ and how that statement is formulated ⌫. 

4. 

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

(cid:208) 2007/23/EC 

5.  National  authorisations  granted  before  the  relevant  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. 

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

(cid:208)  

Article 49 
Repeal 

Directive  2007/23/EC  is  repealed  with  effect  from  4  July  2013,  without  prejudice  to  the 
obligations of the Member States relating to the time-limits for transposition into national law 
and application of the Directive set out in Annex III. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex IV. 

(cid:208) 2007/23/EC (adapted) 

Article 2250 
Entry into force 

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

EN 

57 

   EN 

 
 
 
 
Articles 1, 2, 3(1) to (7), 3(9) to (11), 3(14), 4(2) to (4), 6, 7, 8(1), 9, 10, 16, 29, 35, 37(2), 42 
to 50 and Annexes III and IV shall apply from 4 July 2013. 

(cid:208)  

(cid:208) 2007/23/EC 

Article 2351 
Addressees 

This Directive is addressed to the Member States. 

Done at […], 

For the European Parliament 
The President 

For the Council 
The President 

EN 

58 

   EN 

 
 
 
(cid:208) 2007/23/EC 
(cid:214) new 

ANNEX I 

ESSENTIAL SAFETY REQUIREMENTS 

(1)1. 

(2)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)3. 

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

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

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

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

(b)  Tthe  physical  and  chemical  stability  of  the  pyrotechnic  article  in  all  normal, 

foreseeable environmental conditions; 

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

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

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

(f)  Rresistance  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)  Ssafety  features  intended  to  prevent  untimely  or  inadvertent  initiation  or 

ignition; 

(h)  Ssuitable  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; 

EN 

59 

   EN 

 
 
(i)  Tthe  ability  of  the  pyrotechnic  article,  its  wrapping  or  other  components  to 

withstand deterioration under normal, foreseeable storage conditions; 

(j) 

Sspecification of all devices and accessories needed and operating instructions 
for safe functioning of the pyrotechnic article. 

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

(4)4. 

Pyrotechnic  articles  must  not  contain  (cid:214) detonative  explosives  other  than  black 
powder  and  flash  composition,  except  for  articles  of  categories  P1,  P2,  T2  and 
fireworks of category 4 meeting the following conditions : 

(a) 

commercial  blasting  agents,  except  for  black  powder  or  flash  composition 
(cid:214) the detonative explosive cannot be easily extracted from the article ; 

(b)  military  explosives.  (cid:214) for  category  P1,  the  article  cannot  function  in  a 
detonative manner, or cannot, in itself, initiate secondary explosives;  

(c) 

for categories 4, T2 and P2, the article is designed and intended not to function 
in  a  detonative  manner,  or,  if  designed  to  detonate,  it  cannot  in  itself  initiate 
secondary explosives. 

(cid:216) new 

(5)5. 

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

(cid:208) 2007/23/EC 

A. 

FIREWORKS 

(1)1.  The  manufacturer  must  assign  fireworks  to  different  categories  according  to 
Article 36 characterised by net explosive content, safety distances, noise level, 
or similar. The category must be clearly indicated on the label. 

(a)  For category 1 fireworks, the following conditions must be met: 

(i) 

(ii) 

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

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

(iii)  category  1  must  not  comprise  bangers,  banger  batteries,  flash 

bangers and flash banger batteries, 

EN 

60 

   EN 

 
 
 
(iv) 

throwdowns in category 1 must not contain more than 2,5 mg silver 
fulminate. 

(b)  For category 2 fireworks, the following conditions must be met: 

(i) 

(ii) 

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

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

(c)  For category 3 fireworks, the following conditions must be met: 

(i) 

(ii) 

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

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

(2)2.  Fireworks may only be constructed of materials which minimise risk to health, 

property and the environment from debris. 

(3)3.  The  method  of  ignition  must  be  clearly  visible  or  must  be  indicated  by 

labelling or instructions. 

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

(5)5.  Fireworks of category 1, 2 and 3 must be protected against inadvertent ignition 
either  by  a  protective  cover,  by  the  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 

(1)1.  Pyrotechnic  articles  must  be  designed  in  such  a  way  as  to  minimise  risk  to 

health, property and the environment during normal use. 

(2)2.  The  method  of  ignition  must  be  clearly  visible  or  must  be  indicated  by 

labelling or instructions. 

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

(4)4.  Where appropriate, the pyrotechnic article must function properly until the ‘use 

by’ date specified by the manufacturer. 

EN 

61 

   EN 

 
C. 

IGNITION DEVICES 

(1)1.  Ignition devices must be capable of being reliably initiated and be of sufficient 

initiation capability under all normal, foreseeable conditions of use. 

(2)2.  Ignition devices must be protected against electrostatic discharge under normal, 

foreseeable conditions of storage and use. 

(3)3.  Electric igniters must be protected against electromagnetic fields under normal, 

foreseeable conditions of storage and use. 

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

(5)5.  The  parameters  for  the  burning  times  of  fuses  must  be  provided  with  the 

article. 

(6)6.  The  electrical  characteristics  (e.g.  no-fire  current,  resistance,  etc.)  of  electric 

igniters must be provided with the article. 

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

EN 

62 

   EN 

 
(cid:208) 2007/23/EC (adapted) 

ANNEX II 

CONFORMITY ASSESSMENT PROCEDURES 

1. MODULE B: 

⌦ EU ⌫ EC Type- examination 

1. 

This module describes that part of the procedure by which a notified body ascertains 
and  attests  that  a  sample,  representative  of  the  production  envisaged,  meets  the 
relevant provisions of Directive 2007/23/EC (hereinafter referred to as this Directive) 
⌦ EU type examination is the part of a conformity assessment procedure in which a 
notified body examines the technical design of a pyrotechnic article and verifies and 
attests that the technical design of the pyrotechnic article meets the requirements of 
this Directive ⌫. 

2. 

EU  type  examination  shall  be  carried  out  as  an  examination  of  a  specimen, 
representative  of  the  production  envisaged,  of  the  complete  product  (production 
type). 

(cid:216) new 

23. 

The  ⌦ manufacturer  shall  lodge  an ⌫  application  for  ⌦ EU ⌫  EC  type- 
examination  must  be  lodged  by  the  manufacturer  with  the⌦ a  single ⌫  notified 
body of his choice. 

(cid:208) 2007/23/EC (adapted) 

The application must include: 

(a) 

the name and address of the manufacturer,; 

(cid:208) 2007/23/EC 

(b) 

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

EN 

63 

   EN 

 
 
 
 
 
(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

(c) 

the  technical  documents  ⌦ documentation ⌫,  as  described  in  point  3. 
⌦ The  technical  documentation  shall  make  it  possible  to  assess  the 
pyrotechnic  article's  conformity  with  the  applicable  requirements  of  this 
Directive ⌫  (cid:214) and  shall  include  an  adequate  analysis  and  assessment  of  the 
risk(s).   ⌦ The  technical  documentation  shall  specify  the  applicable 
requirements  and  cover,  as  far  as  relevant  for  the  assessment,  the  design, 
manufacture  and  operation  of 
technical 
documentation  shall  contain,  wherever  applicable,  at  least  the  following 
elements: ⌫ 

the  pyrotechnic  article.  The 

The applicant must place at the disposal of the notified body a sample representative 
of the production envisaged, hereinafter called ‘type’. The notified body may request 
further samples if needed for carrying out the test programme. 

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

(ai)  a general type-description ⌦ of the pyrotechnic article ⌫,; 

(bii)  conceptual 

design 

and 
diagrams⌦ schemes ⌫  of  ⌦ e.g. ⌫  components,  sub-assemblies, 
circuits, etc.,; 

manufacturing 

drawings 

and 

(ciii)  descriptions  and  explanations  necessary  for  the  understanding  of  the 
⌦ those ⌫ drawings and diagrams⌦ schemes ⌫ and the operation of 
the ⌦ pyrotechnic ⌫ article,; 

(div)  a list of the harmonised standards referred to in Article 8 of this Directive 
⌦ and/or other relevant technical specifications the references of which 
have been published in the Official Journal of the European Union ⌫ , 
applied  in  full  or  in  part,  and  descriptions  of  the  solutions  adopted  to 
meet  the  essential  safety  requirements  of  this  Directive  where  the 
⌦ those ⌫  harmonised  standards  referred  to  in  Article  8  of  this 
Directive  have  not  been  applied,.  ⌦ In  the  case  of  partly  applied 
harmonised standards, the technical documentation shall specify the parts 
which have been applied; ⌫ 

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

(cid:208) 2007/23/EC 

(fvi)  test reports.; 

EN 

64 

   EN 

 
 
 
(d) 

(e) 

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

(cid:216) new 

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

relevant  harmonised  standards  and/or 

the 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

4. 

The notified body must⌦ shall ⌫: 

⌦ For the pyrotechnic article: ⌫ 

4.1 

(a)  eExamine  the  technical  documents,  ⌦ documentation ⌫  (cid:214) and  supporting 
evidence to assess the adequacy of the technical design of the pyrotechnic article . 

⌦ For the specimen(s): ⌫ 

4.2 

4.3 

vVerify that the type has⌦ specimen(s) have ⌫ been manufactured in conformity 
with those ⌦ the technical documentation ⌫ documents , and identify the elements 
which have been designed in accordance with the ⌦ applicable provisions of the ⌫ 
relevant  provisions  of  the  harmonised  standards  referred  to  in  Article  8  of  this 
Directive  ⌦ and/or 
the 
components⌦ elements ⌫ which have been designed without applying the relevant 
provisions of those harmonised standards,; 

specifications, ⌫ 

as  well 

technical 

as 

(b)  perform  or  have  performed  the⌦ Carry  out ⌫  appropriate  examinations  and 
necessary  tests  ⌦ ,  or  have  them  carried  out, ⌫  to  check  whether,  where  the 
harmonised standards referred to in Article 8 of this Directive have not been applied, 
the solutions adopted by the manufacturer meet the essential safety requirements of 
this  Directive,  (c)  perform  or  have  performed  the  appropriate  examinations  and 
necessary  tests  to  check  whether,  where  the  manufacturer  has  chosen  to  apply  the 
⌦ solutions 
technical 
specifications ⌫, these have been applied ⌦ correctly ⌫,;  

the ⌫  relevant  harmonised  standards  ⌦ and/or 

in 

4.4 

Carry  out  appropriate  examinations  and  tests,  or  have  them  carried  out,  to  check 
whether,  where  the  solutions  in  the  relevant  harmonised  standards  and/or  technical 

(cid:216) new 

EN 

65 

   EN 

 
 
 
 
specifications have not been applied, the solutions adopted by the manufacturer meet 
the corresponding essential safety requirements of this Directive; 

4.5 

(d)  aAgree  with  the  applicant⌦ manufacturer  on  a ⌫  the  location  where  the 
examinations and necessary tests are to⌦ will ⌫ be carried out. 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

5. 

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

(cid:216) new 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

5.6.  Where  the  type  meets  the  relevant  provisions⌦ requirements ⌫  of  this  Directive 
⌦ the  specific  legislative  instrument  that  apply  to  the  pyrotechnic  article 
concerned ⌫,  the  notified  body  must⌦ shall ⌫  issue  an  ⌦ EU ⌫  EC  type- 
examination  certificate  to  the  applicant⌦ manufacturer ⌫.  The  certificate  must 
⌦ shall ⌫  contain  the  name  and  address  of  the  manufacturer,  the  results 
⌦ conclusions ⌫ of the examination ⌦ , the conditions (if any) for its validity ⌫ 
and the data necessary ⌦ data ⌫ for the identification of the approved type. (cid:214) The 
certificate may have one or more annexes attached.  

(cid:208) 2007/23/EC 
(cid:214) new 

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

Where  the  manufacturer  is  refused  a  type  certificate,  (cid:214) The  certificate  and  its 
annexes  shall  contain  all  relevant  information  to  allow  the  conformity  of 
manufactured products with the examined type to be evaluated and to allow for in-
service control.  

EN 

66 

   EN 

 
 
 
 
 
(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

(cid:214) Where the type does not satisfy the applicable requirements of this Directive,  
the  notified  body  must  provide  (cid:214) shall  refuse  to  issue  an  EU  type  examination 
certificate and shall inform the applicant accordingly, giving  detailed reasons for 
such ⌦ its ⌫ refusal. 

Provision must be made for an appeals procedure. 

(cid:208) 2007/23/EC 

(cid:216) new 

7. 

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

7.8. 

(cid:208) 2007/23/EC (adapted) 

6. The applicant must⌦ manufacturer shall ⌫ inform the notified body that holds 
the  technical  documents  concerning  the  EC  type- ⌦ documentation  relating  to  the 
EU type ⌫ examination certificate of all modifications to the approved article which 
must receive additional approval where such changes⌦ type that ⌫ may affect the 
conformity  ⌦ of  the  pyrotechnic  article ⌫  with  the  essential  ⌦ safety ⌫ 
requirements  ⌦ of  this  Directive ⌫  or  the  prescribed  conditions  for  use 
⌦ validity ⌫  of 
the  article.  This  ⌦ certificate.  Such  modifications  shall 
require ⌫  additional  approval  must  be  given  in  the  form  of  an  addition  to  the 
original ⌦ EU ⌫ EC type- examination certificate. 

Each  notified  body  must  communicate  to  the  other  notified  bodies  the  relevant 
information  ⌦ shall  inform  its  notifying  authorities ⌫  concerning  EC  ⌦ the 
EU ⌫  type-  examination  certificates  and  additions  issued  or  withdrawn.  8.  The 
other  notified  bodies  may  receive  copies  of  the  EC  type-  examination  certificates 
and/or  any  additions  thereto.  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  any  additions 
thereto for a period of at least 10 years after the last date of manufacture of the article 
concerned.  Where  the  manufacturer  is  not  established  within  the  Community,  the 
obligation to keep the technical documents ⌦ which it has issued or withdrawn, and 
shall,  periodically  or  upon  request,  make  available ⌫  is  the  responsibility  of  the 
person who places the product on the market ⌦ to its notifying authorities the list of 

EN 

67 

   EN 

 
 
 
 
 
certificates  and/or  any  additions 
restricted ⌫. 

thereto 

refused,  suspended  or  otherwise 

(cid:216) new 

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

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

9. 

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

(cid:208) 2007/23/EC (adapted) 

2. MODULE C2: 

Conformity  to  type  ⌦ based  on  internal  production  control  plus  supervised  product 

checks at random intervals ⌫ 

1. 

This  module  describes  that  part  of  the⌦ Conformity  to  type  based  on  internal 
production control plus supervised product checks at random intervals is the part of a 
conformity  assessment ⌫  procedure  whereby  the  manufacturer  ⌦ fulfils  the 
obligations  laid  down  in  points  2,  3  and  4,  and ⌫  ensures  and  declares ⌦ on  his 
sole ⌫  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  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 ensures the conformity of the manufactured product with the type as described in the 
EC type-examination certificate and with the essential safety requirements of this Directive. 

(cid:208) 2007/23/EC 

EN 

68 

   EN 

 
 
 
 
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 article concerned. 

Where the manufacturer is not established within the Community, the obligation to 
keep the technical documents available is the responsibility of the person who places 
the product on the market. 

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

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

3. MODULE D: PRODUCTION QUALITY ASSURANCE 

(cid:208) 2007/23/EC (adapted) 

1. This module describes the procedure whereby a manufacturer who satisfies the obligations 
set  out  in  point  2  ensures  and  declares  that  the  pyrotechnic  articles  concerned  are  in 
conformity with the type as described in the ⌦ EU ⌫ EC type- examination certificate and 
satisfy  the  requirements  of  this  Directive.  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 monitoring 
referred to in point 4. 

2. 

⌦ Manufacturing ⌫ 

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

3. 

Product checks 

(cid:216) new 

A notified body, chosen by the manufacturer, shall carry out product checks or have 
them carried out at random intervals determined by the body, in order to verify the 
quality  of  the  internal  checks  on  the  pyrotechnic  article,  taking  into  account,  inter 
alia,  the  technological  complexity  of  the  pyrotechnic  articles  and  the  quantity  of 
production.  An  adequate  sample  of  the  final  products,  taken  on  site  by  the  notified 
body  before  the  placing  on  the  market,  shall  be  examined  and  appropriate  tests  as 
identified  by  the  relevant  parts  of  the  harmonised  standards  and/or  technical 

EN 

69 

   EN 

 
 
 
specifications, or equivalent tests, shall be carried out to check the conformity of the 
pyrotechnic article with the type described in the EU type examination certificate and 
with the relevant requirements of this Directive. Where a sample does not conform to 
the acceptable quality level, the body shall take appropriate measures. 

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

Where  the  tests  are  carried  out  by  notified  body,  the  manufacturer  shall,  under  the 
responsibility  of  the  notified  body,  affix  the  notified  body's  identification  number 
during the manufacturing process. 

Conformity marking and declaration of conformity 

The  manufacturer  shall  affix  the  required  conformity  marking  set  out  in  this 
Directive to each individual product that is in conformity with the type described in 
the EU type examination certificate and satisfies the applicable requirements of this 
Directive. 

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

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

4. 

4.1 

4.2 

MODULE D 

Conformity to type based on quality assurance of the production process 

1. 

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

2. 

⌦ Manufacturing ⌫ 

(cid:208) 2007/23/EC (adapted) 

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

3. 

Quality system 

EN 

70 

   EN 

 
 
3.1 

The manufacturer must⌦ shall ⌫ lodge an application for assessment of his quality 
system with the notified body of his choice in relation to⌦ for ⌫ the pyrotechnic 
articles concerned. 

The application must⌦ shall ⌫ include: 

(a) 

the name and address of the manufacturer; 

(cid:216) new 

(b) 

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

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

(d)(b) the documents ⌦ documentation ⌫ concerning the quality system,; 

(cid:208) 2007/23/EC (adapted) 

(e)(c) the  technical  documents  pertaining  to  ⌦ documentation  of ⌫  the  approved 

type and a copy of the EC ⌦ EU ⌫ type- examination certificate. 

3.2 

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

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

They  must  contain⌦ It  shall, ⌫  in  particular⌦ ,  contain ⌫  an  adequate 
description of: 

(a) 

the  quality  objectives  and  the  organisational  structure,  responsibilities  and 
powers  of  the  management  with  regard  to  the⌦ product ⌫  quality  of  the 
pyrotechnic articles,; 

(b) 

the ⌦ corresponding ⌫ manufacturing, quality control and quality assurance 
techniques, processes and systematic actions that will be used,; 

(c) 

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

(cid:208) 2007/23/EC 

EN 

71 

   EN 

 
 
 
 
(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

(d) 

(e) 

the  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data, 
and qualification reports of ⌦ on ⌫ the personnel concerned,; 

the  means  of  monitoring  the  achievement  of  the  required  ⌦ product ⌫ 
quality  of  the  pyrotechnic  articles  and  the  effective  operation  of  the  quality 
system. 

3.3 

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

It must⌦ shall ⌫ presume conformity with those requirements in respect of ⌦ the 
the 
elements  of 
corresponding specifications of the national standard that implements ⌫ the relevant 
harmonised standard ⌦ and/or technical specifications ⌫. 

implement  ⌦ comply  with 

the ⌫  quality  systems 

that 

⌦ In addition to experience in quality management systems, ⌫ Tthe auditing team 
must⌦ shall ⌫  have  at 
least  one  member  with  experience  of  assessing 
⌦ evaluation in ⌫ the relevant ⌦ field and ⌫ product technology ⌦ concerned, 
and knowledge of the applicable requirements of the legislative instrument. The audit 
shall ⌫.  The  assessment  procedure  must  include  an  inspection⌦ assessment ⌫ 
visit to the manufacturer's premises. (cid:214) The auditing team shall review the technical 
documentation  referred  to  in  point  3.1(e)  to  verify  the  manufacturer's  ability  to 
identify  the  relevant  requirements  of  the  legislative  instrument  and  to  carry  out  the 
necessary examinations with a view to ensuring compliance of the pyrotechnic article 
with those requirements.  

A duly substantiated assessment⌦ The ⌫ decision must⌦ shall ⌫ be notified to 
the  manufacturer. 
the 
results⌦ conclusions ⌫  of  the  examination⌦ audit  and  the  reasoned  assessment 
decision ⌫. 

It  must⌦ The 

notification 

shall ⌫ 

contain 

3.4 

3.5 

The manufacturer must⌦ shall ⌫ undertake to fulfil the obligations arising out of 
the quality system as approved and ⌦ to ⌫ maintain it ⌦ so that it remains ⌫at 
an adequate and efficient level. 

The  manufacturer  must⌦ shall ⌫  keep  the  notified  body  that  has  approved  the 
quality  system  informed  of  any  proposed⌦ intended ⌫  change  to  the  quality 
system. 

The  notified  body  must  assess  the⌦ shall  evaluate  any  proposed ⌫  changes 
proposedand  decide  whether  the  altered  ⌦ modified ⌫  quality  system  will 
still⌦ continue  to ⌫  satisfy  the  requirements  referred  to  in  point  3.2  or  whether 
⌦ a ⌫ reassessment is required ⌦ necessary ⌫. 

EN 

72 

   EN 

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

(cid:216) new 

A  duly  substantiated  assessment  decision  must  be  notified  to  the  manufacturer.  It  must 
contain the results of the examination. 

(cid:208) 2007/23/EC 

4. 

4.1 

4.2 

4.3 

4.4 

(cid:208) 2007/23/EC (adapted) 

Monitoring⌦ Surveillance ⌫ under the responsibility of the notified body 

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

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

(a) 

the quality system documents ⌦ documentation ⌫ ,; 

(b) 

the  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data, 
and qualification reports of ⌦ on ⌫ the personnel concerned. 

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

to 

Additionally⌦ In  addition, ⌫ 
the  notified  body  may  pay  unannounced 
⌦ unexpected ⌫  visits  to  the  manufacturer.  During  such  visits  the  notified  body 
may,  if  necessary,  carry  out  ⌦ product ⌫  tests,  or  have  them  carried  out,  ⌦ in 
order ⌫ to verify that the quality system is functioning correctly. The notified body 
must ⌦ shall ⌫ provide the manufacturer with a visit report and, if a test has taken 
place ⌦ tests have 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  article,  keep  at  the  disposal  of  the  national  authorities: 
(cid:214) Conformity marking and declaration of conformity  

(cid:208) 2007/23/EC 
(cid:214) new 

EN 

73 

   EN 

 
 
 
 
 
(cid:216) new 

5.1 

The  manufacturer  shall  affix  the  required  conformity  marking  set  out  in  the 
legislative instrument, and, under the responsibility of the notified body referred to in 
point  3.1,  the  latter's  identification  number  to  each  individual  product  that  is  in 
conformity  with  the  type  described  in  the  EU  type  examination  certificate  and 
satisfies the applicable requirements of this Directive. 

(a) the documents referred to in point 3.1.(b), 

(cid:208) 2007/23/EC 

(b) documents relating to the updating referred to in second subparagraph of point 3.4, 

(c) the decisions and reports of the notified body referred to in the fourth subparagraph 

of point 3.4, and in points 4.3 and 4.4. 

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

4. MODULE E: PRODUCT QUALITY ASSURANCE 

1. This module describes the procedure whereby a manufacturer who satisfies the obligations 
set out in point 2 ensures and declares that the pyrotechnic articles are in conformity with the 
type as described in the EC type-examination certificate. 

(cid:208) 2007/23/EC (adapted) 

5.2 

The manufacturer must affix the CE marking to each article and ⌦ shall ⌫ draw up 
a  written  declaration  of  conformity.  The  CE  marking  must  be  accompanied  by  the 
identification number of the notified body responsible for the monitoring referred to 
in  point  4⌦ each  product  model  and  keep  it  at  the  disposal  of  the  national 
authorities for 10 years after the pyrotechnic article has been placed on the market. 
The declaration of conformity shall identify the pyrotechnic article for which it has 
been drawn up ⌫. 

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

(cid:216) new 

EN 

74 

   EN 

 
 
 
 
 
 
 
 
6. 

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

(cid:216) new 

(a) 

the documentation referred to in point 3.1; 

(b) 

the change referred to in point 3.5, as approved; 

(c) 

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

7. 

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

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

MODULE E 

Conformity to type based on product quality assurance 

1. 

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

(cid:208) 2007/23/EC (adapted) 

2. 

⌦ Manufacturing ⌫ 

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

3. 

3.1 

Quality system 

The  manufacturer  must⌦ shall ⌫  lodge  an  application  ⌦ for  assessment  of  his 
quality  system ⌫  with  the  notified  body  of  his  choice  for  the  assessment  of  the 
quality system in relation to his pyrotechnic articles ⌦ concerned ⌫. 

The application must⌦ shall ⌫ include ⌦ the following information ⌫: 

EN 

75 

   EN 

 
 
 
(a) 

the name and address of the manufacturer; 

(cid:216) new 

(b) 

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

(cid:208) 2007/23/EC (adapted) 

(c) 

(a)all  relevant  information  for  the  pyrotechnic  ⌦ product ⌫  category 
envisaged,; 

(d) 

(b)⌦ the documentation concerning ⌫ the quality system documents,; 

(e) 

(c)the technical documents pertaining to ⌦ documentation of ⌫ the approved 
type and a copy of the EC ⌦ EU ⌫ type- examination certificate. 

(cid:208) 2007/23/EC 
(cid:214) new 

3.2 

Under the quality system, each pyrotechnic article must be examined and appropriate 
tests, as defined in the relevant harmonised standard(s) referred to in Article 8 of this 
Directive  or  equivalent,  carried  out  in  order  to  verify  the  conformity  of  the  article 
with the relevant requirements of this Directive. (cid:214) The quality system shall ensure 
compliance  of  the  pyrotechnic  articles  with  the  type  described  in  the  EU  type 
examination certificate and with the applicable requirements of this Directive.  

(cid:208) 2007/23/EC (adapted) 

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

They must⌦ It shall, ⌫ in particular, contain an adequate description of: 

(a) 

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

(cid:208) 2007/23/EC 

EN 

76 

   EN 

 
 
 
 
 
 
(cid:208) 2007/23/EC (adapted) 

(b) 

(c) 

the  examination  ⌦ examinations ⌫  and  tests  that  will  be  carried  out  after 
manufacture,; 

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

(d) 

(c) the means of monitoring the effective operation of the quality system,. 

(cid:208) 2007/23/EC 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

3.3 

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

It  must⌦ shall ⌫  presume  conformity  with  the  ⌦ those ⌫  requirements  in 
respect of ⌦ the elements of the ⌫ quality systems that implement ⌦ comply with 
the  corresponding  specifications  of  the  national  standard  that  implements ⌫  the 
relevant harmonised standard ⌦ and/or technical specifications ⌫. 

shall ⌫.  The  assessment  procedure  must 

⌦ In addition to experience in quality management systems, ⌫ Tthe auditing team 
must⌦ shall ⌫  have  at 
least  one  member  with  experience  of  assessing 
⌦ evaluation  in ⌫  the  relevant  ⌦ product  field  and ⌫  product  technology 
⌦ concerned, and knowledge of the applicable requirements of this Directive. The 
inspection 
audit 
⌦ assessment ⌫  visit  to  the  manufacturer's  premises.  (cid:214) The  auditing  team  shall 
review the technical documentation referred to in point (e) of point 3.1, in order to 
verify  the  manufacturer's  ability  to  identify  the  relevant  requirements  of  the 
legislative  instrument  and  to  carry  out  the  necessary  examinations  with  a  view  to 
ensuring compliance of the pyrotechnic article with those requirements.  

include  an 

A duly substantiated assessment⌦ The ⌫ decision must ⌦ shall ⌫ be notified to 
the  manufacturer.  It  must⌦ The  notification  shall ⌫  contain 
the  results 
⌦ conclusions ⌫  of  the  examination  ⌦ audit  and  the  reasoned  assessment 
decision ⌫. 

3.4 

3.5 

The manufacturer must⌦ shall ⌫ undertake to fulfil the obligations arising out of 
the  quality  system  as  approved  and  ⌦ to ⌫  maintain  it  at  an  ⌦ so  that  it 
remains ⌫ adequate and efficient level. 

The  manufacturer  must⌦ shall ⌫  keep  the  notified  body  which  ⌦ that ⌫  has 
approved the quality system informed of any proposed ⌦ intended ⌫ change to the 
quality system. 

EN 

77 

   EN 

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

A duly substantiated assessment⌦ It shall notify the manufacturer of its ⌫ decision 
must be notified to the manufacturer. It must⌦ The notification shall ⌫ contain the 
results⌦ conclusions ⌫  of  the  examination  ⌦ and  the  reasoned  assessment 
decision ⌫. 

Monitoring⌦ Surveillance ⌫ under the responsibility of the notified body 

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

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

(a) 

the quality system documents ⌦ documentation ⌫ ,; 

(b) 

the technical documents, 

(b) 

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

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

addition ⌫, 

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

body  may 

notified 

the 

4. 

4.1 

4.2 

4.3 

4.4 

(cid:208) 2007/23/EC 

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

(a) the documents referred to in point 3.1.(b), 

(b) documents relating to the updating referred to in the second subparagraph of point 

3.4, 

EN 

78 

   EN 

 
 
 
 
(c) the decisions and reports of the notified body referred to in the fourth subparagraph 

of point 3.4, and in points 4.3 and 4.4. 

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

5. 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  point  2 
conforms with the relevant requirements of this Directive. 

5. 

Conformity marking and declaration of conformity 

(cid:216) new 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

5.1 

The manufacturer must⌦ shall ⌫ affix the CE marking to the article and draw up a 
declaration of⌦ required ⌫ conformity ⌦ marking ⌫ . 2. The notified body must 
examine the pyrotechnic article and carry out the appropriate tests as set out in the 
relevant  harmonised  standard(s)  referred  to  in  Article  8  of  this  Directive,  or 
equivalent  tests,  to  ensure⌦ this  Directive,  and,  under  the  responsibility  of  the 
notified  body  referred  to  in  point  3.1, ⌫  the  conformity  of  the  article  with  the 
relevant requirements of this Directive. The notified body must affix, or cause to be 
affixed,  its⌦ latter’s ⌫  identification  number  to  the  approved  pyrotechnic  article 
and  draw  up  a⌦ each  individual  product  that  is  in  conformity  with  the  type 
described  in  the  EU  type  examination  certificate ⌫  of  conformity  concerning  the 
tests carried out.3. The aim of the technical documents is to enable conformity with 
the  requirements  of  this  Directive  to  be  assessed  and  the  design,  manufacture  and 
operation  of  the  pyrotechnic  article  to  be  understood  ⌦ satisfies  the  applicable 
requirements of this Directive ⌫. 

(cid:216) new 

5.2 

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

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

6. 

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

EN 

79 

   EN 

 
 
 
 
 
(a) 

the documentation referred to in point 3.1; 

(b) 

the change referred to in point 3.5, as approved; 

(c) 

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

7. 

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

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

MODULE G 

Conformity based on unit verification 

1. 

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

2. 

Technical documentation 

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

Where necessary for the assessment, the documents must contain: 

(cid:208) 2007/23/EC 

(a) 

a general description of the type⌦ pyrotechnic article ⌫,; 

(cid:208) 2007/23/EC (adapted) 

(b) 

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

EN 

80 

   EN 

 
 
 
(c) 

(d) 

the  descriptions  and  explanations  necessary  for  the  understanding  of  the 
⌦ those ⌫  conceptual  design  and  manufacturing  drawings,  the  ⌦ and ⌫ 
schemes  of  components,  sub-assemblies  and  circuits  and  the  operation  of  the 
pyrotechnic article,; 

a  list  of  the  harmonised  standards  referred  to  in  Article  8  of  this  Directive 
⌦ and/or other relevant technical specifications the references of which have 
been  published  in  the  Official  Journal  of  the  European  Union ⌫,  applied  in 
full  or  in  part,  and  descriptions  of  the  solutions  adopted  to  meet  the  essential 
safety  requirements  of  this  Directive  where  the  ⌦ those ⌫  harmonised 
standards referred to in Article 8 of this Directive have not been applied⌦ . In 
the  case  of  partly  applied  harmonised  standards,  the  technical  documentation 
shall specify the parts which have been applied ⌫,; 

(e) 

results of design calculations made, and examinations carried out ⌦ , etc. ⌫,; 

(f) 

test reports. 

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

(cid:216) new 

3. 

Manufacturing 

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

4. 

Verification 

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

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

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

5. 

Conformity marking and declaration of conformity 

EN 

81 

   EN 

 
 
5.1 

5.2 

The  manufacturer  shall  affix  the  required  conformity  marking  set  out  in  the 
legislative instrument and, under the responsibility of the notified body referred to in 
point 4, the latter's identification number to each product that satisfies the applicable 
requirements of this Directive. 

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

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

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

6. MODULE H: 

⌦ Conformity based on ⌫ Ffull quality assurance 

1. 

This  module  describes  the  procedure  whereby  the  manufacturer  who  satisfies  the 
obligations  set  out⌦ Conformity  based  on  full  quality  assurance  is  the  conformity 
assessment procedure whereby the manufacturer fulfils the obligations laid down ⌫ 
in  points  2  (cid:214) and  5,   ⌦ and ⌫  ensures  and  declares  ⌦ on  his  sole 
responsibility ⌫ that the ⌦ pyrotechnic ⌫ articles concerned meet ⌦ satisfy ⌫ 
the requirements of this Directive. The manufacturer or his importer 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 monitoring referred to in point 4. 

2. 

⌦ Manufacturing ⌫ 

The  manufacturer  must⌦ shall ⌫  operate  an  approved  quality  system  for  the 
design,  production,  ⌦ manufacture  and ⌫  final  product  inspection  and  testing 
⌦ of 
in  point  3  and 
must⌦ shall ⌫  be  subject  to  the  monitoring  referred  to  ⌦ surveillance  as 
specified ⌫ in point 4. 

the  pyrotechnic  articles  concerned ⌫  as  specified 

3. 

3.1 

Quality system 

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

The application must⌦ shall ⌫ include: 

(a) all relevant information for the pyrotechnic article category envisaged, 

EN 

82 

   EN 

 
 
(a) 

the name and address of the manufacturer; 

(cid:216) new 

(b) 

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

– 

– 

– 

– 

– 

– 

a general description of the pyrotechnic article; 

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

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

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

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

test reports; 

(c) 

(b) the documents ⌦ documentation ⌫ concerning the quality system,; 

(cid:208) 2007/23/EC (adapted) 

(d) 

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

(cid:216) new 

(cid:208) 2007/23/EC (adapted) 

3.2 

The quality system must⌦ shall ⌫ ensure the conformity ⌦ compliance ⌫ of the 
⌦ pyrotechnic articles ⌫ article with the requirements of this Directive. 

All  the  elements,  requirements  and  provisions  adopted  by  the  manufacturer 
must⌦ shall ⌫ be documented in a systematic and orderly manner in the form of 
written  policies,  procedures  and  instructions.  The  ⌦ That ⌫  quality  system 

EN 

83 

   EN 

 
 
 
 
 
documents  ⌦ documentation ⌫  must  ⌦ shall ⌫  permit 
interpretation of the quality programmes, plans, manuals and quality records. 

a 

consistent 

They  must  contain⌦ It  shall, ⌫  in  particular⌦ ,  contain ⌫  an  adequate 
description of: 

(a) 

the  quality  objectives  and  the  organisational  structure,  responsibilities  and 
powers of the management with regard to product design and ⌦ pyrotechnic 
article ⌫ quality,; 

(b)  ⌦ the ⌫  technical  construction  ⌦ design ⌫  specifications,  including  the 
standards applicable ⌦ that will be applied ⌫ and, if the standards referred to 
in  Article  8  of  this  Directive  have  not  been  fully  ⌦ where  the  relevant 
harmonised  standards  and/or  technical  specifications  will  not  be ⌫  applied 
⌦ in full ⌫ , the means of ⌦ that will be used to ⌫ ensuring ⌦ ensure ⌫ 
that  the  relevant  basic  ⌦ essential  safety ⌫  requirements  of  this  Directive 
have been⌦ will be ⌫ met,; 

(c) 

techniques  to  ⌦ the  design ⌫  control  and  assess  the  development  results 
⌦ design  verification  techniques ⌫,  processes  and  systematic  actions  that 
will  be  used  to  develop  products  belonging  to  ⌦ when  designing ⌫  the 
product  ⌦ pyrotechnic  articles  pertaining  to  the  pyrotechnic  article ⌫ 
category in question ⌦ covered ⌫,; 

(d) 

the ⌦ corresponding ⌫ manufacturing, quality control and quality assurance 
techniques,  and  the  processes  and  systematic  actions  applied  ⌦ that  will  be 
used ⌫,; 

(e) 

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

(cid:208) 2007/23/EC 

(cid:208) 2007/23/EC (adapted) 
(cid:214) new 

(f) 

(g) 

the  quality  records,  such  as  inspection  reports  and  test  data,  calibration  data, 
and qualification reports of ⌦ on ⌫ the personnel concerned, ⌦ etc.; ⌫ 

the  means  of  monitoring  the  achievement  of  the  required  design  and 
⌦ product ⌫ quality of the product and the effective operation of the quality 
system. 

3.3 

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

It must⌦ shall ⌫ presume conformity with those requirements in respect ⌦ of the 
elements  of  the ⌫  quality  systems  that  ⌦ comply  with  the  corresponding 

EN 

84 

   EN 

 
 
 
specifications  of  the  national  standard  that  implements ⌫  implement  the  relevant 
harmonised standard ⌦ and/or technical specifications ⌫. 

⌦ In addition to experience in quality management systems, ⌫ Tthe auditing team 
must⌦ shall ⌫  have  at 
least  one  member  with  experience  of  assessing 
⌦ experienced  as  an  assessor  in ⌫  the  relevant  product ⌦ field  and  product ⌫ 
technology  ⌦ concerned,  and  knowledge  of  the  applicable  requirements  of  this 
Directive ⌫.  The 
assessment  procedure  ⌦ audit ⌫ 
an 
inspection⌦ assessment ⌫  visit  to  the  manufacturer's  premises.  (cid:214) The  auditing 
team shall review the technical documentation referred to in point 3.1(b) to verify the 
manufacturer's ability to identify the applicable requirements of this Directive and to 
carry  out  the  necessary  examinations  with  a  view  to  ensuring  compliance  of  the 
pyrotechnic article with those requirements.  

include 

shall 

A  duly  substantiated  assessment⌦ The  manufacturer  shall  be  notified  of  the ⌫ 
decision must be notified to the manufacturer. 

It  must⌦ The  notification  shall ⌫  contain  the  results  ⌦ conclusion ⌫  of  the 
examination ⌦ audit and the reasoned assessment decision ⌫. 

The manufacturer must⌦ shall ⌫ undertake to fulfil the obligations arising out of 
the quality system as approved and ⌦ to ⌫ maintain it ⌦ so that it remains ⌫ at 
an adequate and efficient level. 

The  manufacturer  must⌦ shall ⌫  keep  the  notified  body  that  has  approved  the 
quality  system  constantly  informed  of  any  proposed  update  of ⌦ intended  change 
to ⌫ the quality system. 

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

A duly substantiated assessment⌦ It shall notify the manufacturer of its ⌫ decision 
must be notified to the manufacturer. It must⌦ The notification shall ⌫ contain the 
results⌦ conclusions ⌫  of  the  examination  ⌦ and  the  reasoned  assessment 
decision ⌫. 

EC monitoring⌦ Surveillance ⌫ under the responsibility of the notified body 

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

The manufacturer must⌦ shall, for assessment purposes, ⌫ allow the notified body 
the  ⌦ design ⌫,  manufacturing 
access 
to 
for 
⌦ manufacture ⌫, 
testing  and  storage  premises⌦ sites ⌫  and 
⌦ shall ⌫ provide it with all necessary information, in particular: 

inspection, 

inspection 

purposes 

3.4 

3.5 

4. 

4.1 

4.2 

(a) 

the quality system documents ⌦ documentation ⌫,; 

EN 

85 

   EN 

 
(b) 

(c) 

the quality records required under ⌦ as provided for by the design part of ⌫ 
the  quality  system  for  the  development  field  such  as  the  results  of  analyses, 
calculations, and tests, ⌦ etc.; ⌫ 

the  quality  records  required  under  ⌦ as  provided  for  by  the  manufacturing 
part  of ⌫  the  quality  system  for  the  manufacturing  field  such  as  inspection 
reports  and  test  data,  calibration  data,  and  qualification  reports  of  on  the 
personnel concerned⌦ , etc. ⌫ 

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

reportto 

Additionally  ⌦ In  addition ⌫, 
the  notified  body  may  pay  unannounced 
⌦ unexpected ⌫  visits  to  the  manufacturer.  During  such  visits,  the  notified  body 
may,  if  necessary,  carry  out ⌦ pyrotechnic  articles ⌫  tests,  or  have  them  carried 
out,  to  verify  that  ⌦ in  order  to  check  the  proper  functioning  of ⌫  the  quality 
system  is  functioning  correctly.  The  notified  body  must⌦ It  shall ⌫  provide  the 
manufacturer  with  a  visit  report  and,  if  a  test  has  taken  place  ⌦ tests  have  been 
carried out ⌫, with a test report. 

Conformity marking and declaration of conformity 

(cid:216) new 

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

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

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

4.3 

4.4 

5. 

5.1 

5.2 

56. 

The manufacturer must ⌦ shall ⌫, for a period of ⌦ ending ⌫ at least 10 years 
after  the  last  date  of  manufacture  of  the  article ⌦ product  has  been  placed  on  the 
market ⌫, keep at the disposal of the national authorities: 

(cid:208) 2007/23/EC (adapted) 

EN 

86 

   EN 

 
 
 
(cid:208) 2007/23/EC (adapted) 

(a) 

(b) 

the  ⌦ technical ⌫  documents  ⌦ documentation ⌫  referred  to  in  point 
3.1.(b),; 

the  documents  ⌦ documentation ⌫  relating  to  the  updating  ⌦ concerning 
the quality system ⌫ referred to in second subparagraph of point 3.41,; 

(c) 

the change referred to in point 3.5, as approved; 

(cid:216) new 

(d) 

(c)  the  decisions  and  reports  of  the  notified  body  referred  to  in  the  fourth 
subparagraph of points 3.45, and in points 4.3 and 4.4. 

(cid:208) 2007/23/EC (adapted) 

67. 

Each  notified  body  must  give  the  other  notified  bodies  the  relevant  information 
concerning ⌦ shall inform its notifying authorities of ⌫ quality system approvals 
issued or withdrawn ⌦ and shall, periodically or upon request, make available to its 
notifying  authorities  the  list  of  quality  system  approvals  refused,  suspended  or 
otherwise restricted ⌫. 

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

(cid:216) new 

EN 

87 

   EN 

 
 
 
 
 
(cid:208) 2007/23/EC 
(cid:214) new 

ANNEX III 

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

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

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

3. The body must 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 must also have access to the equipment required for special verification. 

4. The staff responsible for inspection must have: 

(a) sound technical and professional training, 

(b) satisfactory knowledge of the requirements of the tests they carry out and adequate 

experience of such tests, 

(c) the ability to draw up the certificates, records and reports required to authenticate 

the performance of the tests. 

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

6. The body must take out civil liability 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  must  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. 

EN 

88 

   EN 

 
 
 
 
 
(cid:208) 2007/23/EC 
(cid:214) new 

ANNEX IV 

CONFORMITY MARKING 

The CE conformity marking must consist of the initials ‘CE’ taking the following form: 

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

EN 

89 

   EN 

 
 
 
(cid:207) 

ANNEX III 

List of time-limits for transposition into national law and application 

Directive 

Time-limit for transposition 

Date of application 

2007/23/EC 

4 January 2010 

4  July  2010  (fireworks  of 
categories 1, 2 and 3) 

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

EN 

90 

   EN 

 
 
 
ANNEX IV 

CORRELATION TABLE 

Directive 2007/23/EC 

This Directive 

Article 1(1) 

Article 1(2) 

Article 1(3) 

Article 1(4)(a) 

Article 1(4)(b) 

Article 1(4)(c) 

Article 1(4)(d) 

Article 1(4)(e) 

Article 1(4)(f) 

Article 2(1) 

Article 2(2) 1st sentence 

Article 1(1) 

Article 1(2) 

Article 2(1) 

Article 2(2)(a) 

Article 2(2)(b) 

Article 2(2)(c) 

Article 2(2)(d) 

Article 2(2)(e) 

Article 2(2)(f) and Article 3(5) 

Article 3(1)  

Article 3(7) 

Article 2(2) 2nd sentence 

Article 2(2)(g) 

Article 2(3) 

Article 2(4) 

Article 2(5) 

Article 2(6) 

Article 2(7) 

Article 2(8) 

Article 2(9) 

Article 2(10) 

- 

- 

Article 3(2) 

Article 3(3) 

Article 3(4) 

Article 3(9) 

Article 3(10) 

Article 3(11) 

Article 3(14) 

Article 3(6) 

Article 3(8) 

Article 3(12) 

EN 

91 

   EN 

 
 
- 

- 

Article 3(1) 

Article 3(2) 

Article 4 (title) 

Article 4(1) 

Article 3(13) 

Article 3(15) to (22) 

Article 6(1) 

Article 6(2) 

Articles 8, 11, 12 (titles) 

Article 8(1) 

Article 4(2), 1st subparagraph 

Article 11(1) to (4) and Article 13 

Article 4(2), 2nd subparagraph 

Article 13 

Article 4(3) 

- 

- 

- 

- 

Article 4(4)(a) 

Article 4(4)(b) 

- 

- 

Article 5(1) 

Article 5(2) 

Article 6(1) 

Article 6(2) 

Article 6(3) 

Article 6(4) 

Article 7(1) 

Article 7(2) 

Article  12 
subparagraph 

(1)  and  Article  12(2)  1st 

Article 12(2) 2nd subparagraph 

Article 12(3) 

Article 12(4) 

Article 12(5) 

Article 8(2) 1st subparagraph 

Article  8(2)  2nd  subparagraph  and  Article 
8(5) 

Article 8(3) to (7) 

Article 14 

Article 5 

-  

Article 4(1) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 7(1) 

Article 7(2) 

EN 

92 

   EN 

 
Article 7(3) 

Article 8(1) 

Article 8(2) 

Article 7(3) 

- 

Article 15, 2nd subparagraph 

Article 8(3), first sentence 

- 

Article 8(3), second sentence 

Article 15 

Article 8(3), third sentence 

Article 8(4) 

Article 9 

- 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 10(4) 

Article 10(5) 

Article 10(6) 

- 

- 

Article 11(1) 

Article 11(2) 

Article 11(3) 

- 

- 

Article 12(1) 

Article 12(2) 

- 

- 

Article 16 

Article 17 

Articles 20 and 29(1) 

Article 29(2) 

Articles 24 and 25 

Article 30(1) 

Article 30(2) 

- 

Articles 21 and 23 

Articles 26 to 28 

Articles 31 to 36 

Article 19(1) 

Article 18 

Article 18 

Article 19(2) 

Article 19(3) 

Article 19(4) 

Article 9(1) 

Article 9(2) 

EN 

93 

   EN 

 
 
 
Article 12(3) 

Article 12(4) 

Article 12(5) 

Article 12(6) 

Article 13(1) 

Article 13(2) 

Article 13(3) 

Article 14(1) 

Article 14(2) 

Article 14(3) 

Article 14(4) 

Article 14(5) 

Article 14(6) 

Article 14(7) 

Article 15 

- 

- 

Article 16(1) 

Article 16(2) 

Article 16(3) 

- 

- 

- 

Article 17(1) 

Article 17(2) 

Article 18(1) 

Article 9(3) 

Article 9(4) 

Article 9(5) 

- 

Article 10(1) 

Article 10(2) 

Article 10(3) 

Article 37(1) 

Article 37(1) 

Article 37(1) 

Article 37(1) 

Article 37(2) 

Article 37(1) 

Article 37(1) 

Article 38(1), 1st subparagraph 

Article 38(1), 2nd, 3rd, 4th subparagraphs 

Article 38(2) to (8) 

Article 39(1), 1st subparagraph 

Article 39(2) and (3) 

Article 41(1)(a) 

Article 39(1), 2nd subparagraph 

Article 40 

Article 41 

Article 37(1) 

Article 37(1) 

Article 42 

EN 

94 

   EN 

 
Article 18(2) 

- 

Article 19(1) 

Article 19(2) 

Article 44 

Article 43 

Article 45(1) 

- 

Article 19(3), 1st subparagraph 

Article 45(2) 

Article 19(3), 2nd subparagraph 

- 

Article 20 

- 

Article 21(1) 

Article 46 

Article 47(1) 

Article 48(1) 

Article 21(2), first sentence 

- 

Article 21(2), second sentence 

Article 21(3) 

Article 21(4) 

Article 21(5) 

Article 21(6) 

- 

Article 22 

Article 23 

Annex I(1) 

Annex I(2) 

Annex I(3) 

Annex I(4)(a) 

Annex I(4)(b) 

Annex I(5) 

Annex II(1) 

Annex II(2) 

Article 48(2) 

Article 48(3) 

Article 48(4) 

Article 47(2) and (3) 

Article 47(4) 

Article 49 

Article 50 

Article 51 

Annex I(1) 

Annex I(2) 

Annex I(3) 

Annex I(4) 

Annex I(4) 

Annex I(5) 

Annex II(1) 

Annex II(2) 

EN 

95 

   EN 

 
Annex II(3) 

Annex II(4) 

Annex II(5) 

Annex II(6) 

Annex III 

Annex IV 

- 

- 

Annex II(3) 

Annex II(4) 

Annex II(5) 

Annex II(6) 

Article 24 

Article 18 

Annex III 

Annex IV 

EN 

96 

   EN