CELEX: 52011PC0764
Language: en
Date: 2011-11-21
Title: 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

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		52011PC0764
		
			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 /* COM/2011/0764 final - 2011/0358 (COD) */
			
				
		
		
			
			   	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 several pieces of legislation apply
simultaneously to one and the same product. Inconsistencies in these pieces of
legislation make it increasingly difficult for economic operators and
authorities to correctly interpret and apply that legislation.
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 Framework (NLF) consists of two complementary instruments, Regulation
(EC) 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 Act[1], which has stressed the
need to restore consumer confidence in the quality of products on the market
and the importance of reinforcing market surveillance.
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.
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 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
Standardisation[2] 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 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 powers[3].

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. 
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 acts[4].
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
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.
ê 2007/23/EC
(adapted)
ð new
NEW
LEGISLATIVE FRAMEWORK (NLF) ALIGNMENT PACKAGE
(Implementation of the Goods Package)
2011/0358 (COD)
Proposal for a
DIRECTIVE OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
on the Ö harmonisation
of the laws of the Member States relating to the Õ placing on the market ð making available on the market ï 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
CommunityÖ on the
Functioning of the European Union Õ, and in
particular Article 95Ö 114 Õ thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the
European Economic and Social Committee[5],
Acting in accordance with the ordinary
legislative procedure,
Whereas:
ò new
(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 articles[6]. In the interest of
clarity, that Directive should be recast.
(2)       Regulation
(EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008
setting out the requirements for accreditation and market surveillance relating
to the marketing of products and repealing Regulation (EEC) No 339/93[7]
lays down rules on the accreditation of conformity assessment bodies, provides
a framework for the market surveillance of products and for controls on
products from third countries, and lays down the general principles of the CE
marking.
(3)       Decision
No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on
a common framework for the marketing of products and repealing Council Decision
93/465/EEC[8] 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.
ê 2007/23/EC
recital 1
ð new
(4)       The laws, regulations and
administrative provisions in force in the Member States with regard to the placing ð making available ï on the market of pyrotechnic articles are divergent, in particular
as regards aspects such as safety and performance characteristics.
ê 2007/23/EC
recital 2 (adapted)
(5)       Those Ö The Õ laws,
regulations and administrative provisions Ö of Member
States Õ, being liable
to cause barriers to trade within the CommunityÖ Union Õ, should Ö need to Õ 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.
ê 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 uses[9]
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.
ê 2007/23/EC
recital 4 (adapted)
(7)       Ö Safety
during storage is governed by Õ Council
Directive 96/82/EC of 9 December 1996 on the control of major-accident
hazards involving dangerous substances[10] Ö which Õ sets out
safety requirements for establishments where explosives, including pyrotechnic
substances, are present.
ê 2007/23/EC
recital 21
ð 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. ð Those aspects should therefore not
fall under the scope of this Directive. ï
ê 2007/23/EC
recital 6
ð new
(9)       This Directive should not
apply to pyrotechnic articles to which Council Directive 96/98/EC of
20 December 1996 on marine equipment[11] and the
relevant international conventions mentioned therein apply. ð 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 toys[12]. ï
ê 2007/23/EC
recital 8 (adapted)
ð new
(10)     According to the principles set out in the Council
Resolution of 7 May 1985 on a new approach to technical harmonisation and
standards[13] 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 Ö therefore Õ not therefore
need to comply with this Directive.
ê 2007/23/EC
recital 13
(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.
ê 2007/23/EC
recital 5
(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.
ê 2007/23/EC
recital 7
(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.
ê 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 Ö should Õ 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.
ê 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 Ö is
therefore Õ 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.
ò 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.
ê 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.
ò 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
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.
ê 2007/23/EC
recital 11
(23)     It is appropriate to
establish essential safety requirements for pyrotechnic articles in order to
protect consumers and to prevent accidents.
ò 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.
ê 2007/23/EC
recital 14 (adapted)
ð new
(25)     In order to facilitate the process of
demonstrating compliance Ö conformity
assessment Õ with the
essential safety requirements Ö provided
for in this Directive Õ, harmonised standards for the design,
manufacture and testing of pyrotechnic articles are being developed.
ð 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 Council[14] for the purpose of expressing detailed technical
specifications of those requirements. ï
ò new
(26)     Regulation
(EU) No [../..] [on European Standardisation] provides for a procedure for
objections to harmonised standards where those standards do not entirely
satisfy requirements of this Directive.
ê 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
themselves, and the European Commission and the European Free Trade Association[15], 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
services[16]]. 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.
ê 2007/23/EC
recital 16
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.
ò 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
(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.
ê 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 directives[17], 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.
ê 2007/23/EC
recital 19
In order to be
placed on the market, pyrotechnic articles should bear a CE marking indicating
their conformity with the provisions of this Directive to enable them to move
freely within the Community.
ò 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
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)     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. 
(38)     In
order to ensure legal certainty, it is necessary to clarify that the rules on
Union market surveillance and control of products entering the Union market
provided for in Regulation (EC) No 765/2008 apply to pyrotechnic articles. This
Directive should not prevent Member States from choosing the competent
authorities to carry out those tasks.
ê 2007/23/EC
recital 18
(39)     Groups of pyrotechnic
articles that are similar in design, function or behaviour should be assessed
by the notified bodies as product families.
ê 2007/23/EC
recital 20 (adapted)
ð 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. ð 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. ï
ò 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.
ê 2007/23/EC
recital 23 (adapted)
(43)     It is in the interests of
the manufacturer and the importer to supply safe Ö pyrotechnic
articles Õproducts
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 products[18] complements this
Directive, Ö since Õas that
Directive imposes a strict liability regime on manufactures and importers and
ensures an adequate level of protection for consumers. Furthermore, Ö that Õ 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.
ê 2007/23/EC
recital 26
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
Commission[19].
ê 2007/23/EC
recital 27
In particular,
the Commission should be empowered to adopt Community measures concerning
United Nations recommendations, the labelling requirements of 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.
ò 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 powers[20].
(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.
ê 2007/23/EC
recital 22
(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.
ê 2007/23/EC
recital 24 (adapted)
ð new
(49)     It is vital to provide for a transitional
period to allow national laws in specified fields to be adapted gradually.
Manufacturers and importers need to be given time to exercise any rights under
national rules in force before the Ö date of
application Õentry into force
of Ö national
rules transposing Õ 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.
ð 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. ï
ê 2007/23/EC
recital 25 (adapted)
(50)     Since the objectives of
this Directive Ö , 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, Õ cannot be
sufficiently achieved by the Member States and can therefore Ö , by
reason of its scale and effects, Õ be better
achieved at CommunityÖ Union Õ level, the CommunityÖ Union Õ may adopt
measures, in accordance with the principle of subsidiarity as set out in
Article 5 of the Treaty Ö on
European Union Õ. 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.
ê 2007/23/EC
recital 28
In accordance with
point 34 of the Interinstitutional Agreement on better law-making[21], 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,
ò 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,
ê 2007/23/EC
(adapted)
HAVE ADOPTED THIS DIRECTIVE:
Chapter 1 
Ö General provisions Õ
Article 1
Objectives and
scopeÖ Subject
matter Õ
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.
ê 2007/23/EC
ð new
2.                      
This Directive establishes the essential safety
requirements which pyrotechnic articles must fulfil with a view to their being placed ð made available ï on the market.
ê 2007/23/EC (adapted)
Article 2
Ö Scope Õ
13.         This
Directive shall apply to pyrotechnic articles as defined in Article 2(1) to (5).
ê 2007/23/EC
24.         This
Directive shall not apply to:
(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 toys[22]
Directive 2009/48/EC;
(e)         
Eexplosives falling within the scope of Directive 93/15/EEC;
ê 2007/23/EC (adapted)
(f)           
Aammunition,
meaning projectiles and propelling charges and blank ammunition used in
portable firearms, other guns and artillery;
Ö (g)            fireworks
built by a manufacturer for his own use and which have been approved by a
Member State for use on its territory. Õ
Article 23 Ö [Article
R1 of Decision No 768/2008/EC] Õ 
Definitions 
For the purposes of this Directive Ö, the following
definitions shall apply Õ:
ê 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.;
(45)        ‘Ppyrotechnic articles for vehicles’ means
components of safety devices in vehicles which contain pyrotechnic substances
used to activate these or other devices.;
ê 2007/23/EC
(adapted)
Ö (5)    ‘ammunition’
means projectiles and propelling charges and blank ammunition used in portable
firearms, other guns and artillery; Õ
ê 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.;
ê 2007/23/EC
(adapted)
(72)        ‘Pplacing on the market’ means the first
making available Ö of a
pyrotechnic article Õ on the CommunityÖ Union Õ 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.;
ò new
(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;
ê 2007/23/EC
(adapted)
ð new
(96)        ‘Mmanufacturer’ means a natural or legal
person who designs
and/or manufactures a pyrotechnic article, or who causesÖ has Õ such an
article to be
designed andÖ or Õ manufactured, with a view to placing it on the market
ð and markets ï Ö that
pyrotechnic article Õ under his own name
or trademark.;
(107)      ‘Iimporter’ means any natural or legal
person established in
the Community Ö within
the Union Õ who makesÖ places a
pyrotechnic article Õ originating
from a third country available on the CommunityÖ Union Õ market for the first time in the
course of his business.;
(118)      ‘Ddistributor’ means any natural or legal
person in the supply chain Ö, other than
the manufacturer or the importer, Õ who makes a
pyrotechnic article available on the market in the course of his business.;
ò new
(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;
ê 2007/23/EC
(adapted)
ð new
(149)      ‘Hharmonised standard’ means ð harmonised standards as defined in
Article 2(1)c of Regulation EU No [../..] [on European Standardisation] ï 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.;
ò new
(15)        ‘accreditation’
means accreditation as defined in Article 2(10) of Regulation (EC) No 765/2008;
(16)        ‘national
accreditation body’ means national accreditation body as defined in
Article 2(11) of Regulation (EC) No 765/2008;
(17)        ‘conformity
assessment’ means the process demonstrating whether the essential safety
requirements relating to a pyrotechnic article have been fulfilled;
(18)        ‘conformity
assessment body’ means a body that performs conformity assessment activities
including calibration, testing, certification and inspection;
(19)        ‘recall’
means any measure aimed at achieving the return of a pyrotechnic article that
has already been made available to the end user;
(20)        ‘withdrawal’
means any measure aimed at preventing a pyrotechnic article in the supply chain
from being made available on the market;
(21)        ‘CE
marking’ means a marking by 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.
ê 2007/23/EC
(adapted)
ð new
Article 64
Free Movement
1.                      
Member States shall not prohibit, restrict or
hinder the placing ð making available ï on the market of pyrotechnic articles which satisfy the
requirements of this Directive.
2.                      
The provisions of tThis Directive shall not preclude
measures taken by a Member State to prohibit or restrict the possession, 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.
3.                      
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 CommunityÖ Union Õ, 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.
4.                      
Member States shall not prevent the free
movement and use of pyrotechnic articles manufactured for the purpose of
research, development and testing and which are not in conformity with the provisions of this
Directive, provided that a visible sign clearly indicates their non-conformity
and non-availability for purposes other than research, development and testing.
ê 2007/23/EC
ð new
Article 5
Placing ð Making available ï on the market
1.                      
Member States shall take all appropriate
measures to ensure that pyrotechnic articles may be placed ð made available ï on the market only if they satisfy the requirements of this
Directive, bear a CE marking, and comply with the
obligations relating to the conformity assessment.
2.                      
Member States
shall take all appropriate measures to ensure that pyrotechnic articles do
not unduly bear a CE marking.
ê 2007/23/EC
(adapted)
Article 63
 Ö Categories
of pyrotechnic articles ÕCategorisation
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 withÖ referred
to Õ in Article 179.
ê 2007/23/EC
Categorisation shall be as follows:
(a)         
Fireworks:
(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;
(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.
ê 2007/23/EC
(adapted)
Article 7
Age limits
1.                      
Pyrotechnic articles shall not be sold or otherwise
made available Ö on the
market Õ to consumers
below the following age limits:
ê 2007/23/EC
(a)         
Ffireworks:
(i)      Ccategory
1: 12 years.;
(ii)      Ccategory
2: 16 years.;
(iii)     Ccategory
3: 18 years.;
ê 2007/23/EC
(adapted)
(b)         
Oother pyrotechnic articles Ö of
category P1 Õ and theatrical
pyrotechnic articles Ö of
category T1: 18 years Õ.
Category T1 and P1: 18 years.
2.                      
Member States may increase the age limits underÖ set out
in Õ
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.
3.                      
Manufacturers, importers and distributors shall
not sell or
otherwise make available Ö on the
market Õ the following
pyrotechnic articles except to persons with specialist knowledge:
ê 2007/23/EC
(a)         
fireworks of category 4,;
(b)         
pyrotechnic articles of category P2 and
theatrical pyrotechnic articles of category T2.
ê 2007/23/EC
(adapted)
Chapter
2
Ö Obligations
of economic operators Õ
Article 48 Ö [Article
R2 of Decision No 768/2008/EC] Õ 
Obligations of the manufacturer Ö manufacturers Õ importer and distributor
1.                      
Ö When
placing their pyrotechnic articles on the market, Õ Mmanufacturers shall ensure that pyrotechnic articles
placed on the market complyÖ they have
been designed and manufactured in accordance Õ with the
essential safety requirements set out in Annex I.
ê 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.
ò new
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.
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.
3.                      
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.
4.                      
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.
5.                      
Manufacturers shall
ensure that their pyrotechnic articles are labelled in accordance with Article
9 or 10.
6.                      
Manufacturers who
consider or have reason to believe that a pyrotechnic article which they have
placed on the market is not in conformity with this Directive shall immediately
take the necessary corrective 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.
7.                      
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.
ê 2007/23/EC
(adapted)
Article 129
Labelling of Ö pyrotechnic Õ articles other
than pyrotechnic articles for vehicles
ê 2007/23/EC
(adapted)
ð new
1.                      
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
ð made available ï to the consumer.
ê 2007/23/EC
(adapted)
ð new
2.                      
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 CommunityÖ Union Õ, the name of
the manufacturer and the name and address of the importer, the name and type of
the article, ð the registration number, ï the minimum age limits as indicatedÖ set out Õ 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 ð net explosive content (NEC) ï equivalent quantity (NEQ) of active explosive
material.
3.                      
In addition, fFireworks shall Ö also Õ display the
following minimum information:
ê 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).
ê 2007/23/EC
(adapted)
4.                      
In addition, tTheatrical pyrotechnic articles shall containÖ also
display Õ the following
minimum information:
ê 2007/23/EC
ð 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.                      
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 articleð , the registration number ï and the safety instructions.
2.                      
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.
3.                      
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/EEC[23]
Regulation (EC) No 1907/2006 of the European
Parliament and of the Council[24]
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.
ò new
Article 11
[Article R4 of Decision No 768/2008/EC]
Obligations of importers
1.                      
Importers shall place
only compliant pyrotechnic articles on the market.
2.                      
Before placing a
pyrotechnic article on the 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.
3.                      
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.
4.                      
Importers shall ensure
that the pyrotechnic article is accompanied by instructions and safety
information in a language which can be easily understood by consumers and other
end-users, as determined by the Member State concerned.
5.                      
Importers shall ensure
that, while a 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.
6.                      
When deemed
appropriate with regard to the risks presented by a pyrotechnic article,
importers shall, to protect the health and safety of consumers, carry out
sample testing of pyrotechnic articles made 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.
7.                      
Importers who consider
or have reason to believe that a pyrotechnic article which they have placed on
the market is not in conformity with this Directive shall immediately take the
corrective measures 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 market
surveillance authorities and ensure that the technical documentation can be
made available to those authorities, upon request.
9.                      
Importers shall,
further to a reasoned 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
1.                      
When making a
pyrotechnic article available on the market distributors shall act with due
care in relation to the requirements of this Directive.
2.                      
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.
3.                      
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.
4.                      
Distributors who
consider or have reason to believe that a pyrotechnic article which they have
made available on the market is not in conformity with this Directive shall
make sure that the corrective measures 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.
5.                      
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.
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)                   
any economic operator
who has supplied them with a pyrotechnic article;
(b)                   
any economic operator
to whom they have supplied a pyrotechnic article.
Economic
operators shall be able to present the information referred to in the first paragraph
for a period of 10 years after they have been supplied with the pyrotechnic
article and for a period of 10 years after they have supplied the pyrotechnic
article.
Chapter 3
Conformity of the pyrotechnic article
ê 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.
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.
ò 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.]
ê 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:
ê 2007/23/EC
(adapted)
(a)          the ECÖ EU Õ
type-examination (Module B) procedure referred to in Annex II, Section 1,
and, at the choice of the manufacturer, eitherÖ one of
the following procedures Õ:
(i)      the conformity to type Ö based on
internal production control plus supervised product checks at random
intervals Õ (Module C2) procedure referred to in
Annex II,
Section 2,;
(ii)     the productionÖ conformity
to type based on Õ quality
assurance Ö of the
production process Õ (Module D) procedure
referred to in Annex II, Section 3, or;
(iii)     the Ö conformity
to type based on Õ product
quality assurance (Module E) procedure referred to in Annex II, Section 4;
(b)          theÖ conformity
based on Õ unit
verification (Module G) procedure referred to in Annex II, Section 5; or;
(c)          theÖ conformity
based on Õ full product
quality assurance procedure
(Module H) referred to in Annex II, Section 6, insofar as it
concerns fireworks of category 4.
ò new
Article 17
[Article R10 of Decision No 768/2008/EC]
EU declaration of conformity
1.                      
The EU declaration of
conformity shall state that the fulfilment of the essential safety requirements
set out in Annex I has been demonstrated.
2.                      
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.
3.                      
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.
4.                      
By drawing up the EU
declaration of conformity, the manufacturer shall assume responsibility for the
compliance of the pyrotechnic article.
Article 18
[Article R11 of Decision No 768/2008/EC]
General principles of the CE marking
The CE marking
shall be subject to the general principles set out in Article 30 of Regulation
(EC) No 765/2008.
ê 2007/23/EC
(adapted)
Article 1119 Ö [Article
R12 of Decision No 768/2008/EC] Õ 
Obligation to affix
Ö Rules and
conditions for affixing Õ the CE marking
Ö and other
markings Õ
1.                      
After having successfully
completed the conformity assessment in accordance with Article 9,
manufacturers shallÖ The CE
marking shall be affixed Õ visibly,
legibly and indelibly affix the CE marking to the pyrotechnic articles. themselves or, if thisÖ Where
that Õ is not
possible Ö or not
warranted on account of the nature of the pyrotechnic article, it shall be
affixed Õ, to an identification plate attached thereto or
to the packaging Ö and to
the accompanying documents Õ. The identification plate must be so designed as to
make its reuse impossible.
ê 2007/23/EC
The model to be
used for the CE marking shall be in accordance with Decision 93/465/EEC.
2.                      
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.
3.                      
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.
ò new
4.                      
The CE marking shall
be affixed before the pyrotechnic article is placed on the market.
5.                      
The CE marking shall
be followed by the identification number of the notified body, where that body
is involved in the production control phase.
The identification
number of the notified body shall be affixed by the body itself or, under its
instructions, by the manufacturer.
6.                      
The CE marking and,
where applicable, the identification number referred to in paragraph 3 may be
followed by a pictogram or any other mark indicating a special risk or use.
ê 2007/23/EC
(adapted)
Chapter
4
Ö Notification
of conformity assessment bodies Õ
Article 1020 Ö [Article
R13 of Decision No 768/2008/EC] Õ 
Notified bodies
Ö Notification Õ
1. Member States shall inform Ö notify Õ the Commission
and the other Member States of the bodies Ö authorised Õ which they have appointed
to carry out the
conformity assessment procedures referred to in Article 9, together with
the specific Ö third-party
conformity assessment Õ tasks Ö under
this Directive Õ which these bodies have
been appointed to carry out and the identification numbers assigned to them by
the Commission.
ê 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.
ò 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.
2.                      
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
1.                      
A notifying authority
shall be established in such a way that no conflict of interest with conformity
assessment bodies occurs.
2.                      
A notifying authority
shall be organised and operated so as to safeguard the objectivity and
impartiality of its activities.
3.                      
A notifying authority
shall be organised in such a way that each decision relating to notification of
a conformity assessment body is taken by competent persons different from those
who carried out the assessment.
4.                      
A notifying authority
shall not offer or provide any activities that conformity assessment bodies
perform or consultancy services on a commercial or competitive basis.
5.                      
A notifying authority
shall safeguard the confidentiality of the information it obtains.
6.                      
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.                      
For the purposes of
notification, a conformity assessment body shall meet the requirements laid
down in paragraphs 2 to 11.
2.                      
A conformity
assessment body shall be established under national law and have legal
personality.
3.                      
A conformity
assessment body shall be a third-party body independent of the organisation or
the pyrotechnic article it assesses.
4.                      
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
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.
5.                      
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.
6.                      
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.
7.                      
The personnel
responsible for carrying out conformity assessment activities shall have the
following:
(a)         
sound technical and
vocational training covering all the conformity assessment activities in
relation to which the conformity assessment body has been notified;
(b)         
satisfactory knowledge
of the requirements of the assessments they carry out and adequate authority to
carry out those assessments;
(c)         
appropriate knowledge
and understanding of the essential safety requirements set out in Annex I, of
the applicable harmonised standards and of the relevant provisions of Union
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.
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.
9.                      
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.
10.                  
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.
11.                  
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.
Article 26
[Article R20 of Decision No 768/2008/EC]
Subsidiaries of and subcontracting by notified bodies
1.                      
Where a notified body
subcontracts specific tasks connected with conformity assessment or has
recourse to a subsidiary, it shall ensure that the subcontractor or the
subsidiary meets the requirements set out in Article 24 and shall inform the
notifying authority accordingly.
2.                      
Notified bodies shall
take full responsibility for the tasks performed by subcontractors or
subsidiaries wherever these are established.
3.                      
Activities may be
subcontracted or carried out by a subsidiary only with the agreement of the
client.
4.                      
Notified bodies shall
keep at the disposal of the notifying authority the relevant documents
concerning the assessment of the 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
1.                      
A conformity
assessment body shall submit an application for notification to the notifying
authority of the Member State in which it is established.
2.                      
That application shall
be accompanied by a description of the conformity assessment activities, the
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.
3.                      
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
1.                      
Notifying authorities
may notify only conformity assessment bodies which have satisfied the
requirements laid down in Article 24.
2.                      
They shall notify the
Commission and the other Member States using the electronic notification tool
developed and managed by the Commission.
3.                      
The notification shall
include full details of the conformity assessment activities, the conformity
assessment module or modules and product or products concerned and the relevant
attestation of competence.
4.                      
Where a notification
is not based on an accreditation certificate as referred to in Article 27(2),
the notifying authority shall provide the Commission and the other 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.
ê 2007/23/EC
(adapted)
2.                      
The Commission shall make Ö publicly Õ available to the public
on its website a Ö the Õ list of the notified
bodies Ö notified
under this Directive, including the Õ and their
identification numbers Ö that have
been allocated to them Õ and the tasks Ö activities Õ for which they
have been notified.
The Commission shall ensure that this Ö that Õ list is kept
up to date.
ò 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 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
1.                      
The Commission shall
investigate all cases where it doubts, or doubt is brought to its attention
regarding, the competence of a notified body or the continued fulfilment by a
notified body of the requirements and responsibilities to which it is subject.
2.                      
The notifying Member
State shall provide the Commission, on request, with all information relating
to the basis for the notification or the maintenance of the competence of the
body concerned.
3.                      
The Commission shall
ensure that all sensitive information obtained in the course of its
investigations is treated confidentially.
4.                      
Where the Commission
ascertains that a notified body does not meet or no longer meets the
requirements for its notification, it shall inform the notifying Member State
accordingly and request it to take the necessary corrective measures, including
de-notification if necessary.
Article 32 [Article
R27 of Decision No 768/2008/EC]
Operational obligations of notified bodies
1.                      
Notified bodies shall
carry out conformity assessments in accordance with the conformity assessment
procedures provided for in Article 16.
2.                      
Conformity assessments
shall be carried out in a proportionate manner, avoiding unnecessary burdens
for economic operators. Conformity assessment bodies shall perform their
activities taking due account of the size of an undertaking, the sector in
which it operates, its 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.
3.                      
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.
4.                      
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.
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.
ê 2007/23/EC
(adapted)
Chapter
5
Ö Union
market surveillance, control of products entering
the Union market and safeguard procedures Õ 
Article 1437
Ö Union Õ Mmarket surveillance Ö and
control of products entering the Union market Õ
ê 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.
ò new
1.           Article
15(3) and Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to
pyrotechnic articles.
ê 2007/23/EC
52.         Member States shall inform the Commission annually about
their market surveillance activities.
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 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. 
ê 2007/23/EC
(adapted)
ð new
Article 3815
Ö [Article
R31 of Decision No 768/2008/EC] Õ 
Rapid information
on productsÖ Procedure
for dealing with pyrotechnic articles Õ presenting serious
risks
Ö a risk at
national level Õ
1.           Where Ö the
market surveillance authorities of one Õ a
Member State ð have taken action pursuant to
Article 20 of Regulation (EC) No 765/2008, ï hasÖ or where they
have Õ sufficient
reasons to believe that a pyrotechnic article presents a serious risk to the health and/or
safety of persons ð or to other aspects of public
interest protection covered by this Directive, ï in the
Community, it shall inform
the Commission and the other Member States thereof andÖ they Õ shall Ö carry
out Õ perform
an appropriate evaluation ð 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 ï. It shall inform the Commission and the other
Member States of the background for and the results of the evaluation.
ò 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.
3.           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.
4.           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.
5.           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.
6.           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.
7.           Where,
within 3 months of receipt of the information referred to in paragraph 4, no
objection has been raised by either a Member State or the Commission in respect
of a provisional measure taken by a Member State, that measure shall be deemed
justified.
8.           Member
States shall ensure that appropriate restrictive measures are taken in respect
of the pyrotechnic article concerned without delay.
ê 2007/23/EC
(adapted)
ð new
Article 1639 Ö [Article
R32 of Decision No 768/2008/EC]
Union Õ Ssafeguard clause Ö procedure Õ
1.                      
Where a Member State disagrees with the provisional measures taken by
another Member State pursuant to Article 14(6)Ö Where on
completion of the procedure set out in Article 38(3) and (4), objections are
raised against measures taken by a Member State, Õ or where the Commission
considers that such measures are contrary to CommunityÖ Union Õ legislation,
the Commission shall consult, without delay, Ö 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 Õ ð decide ï Ö whether
the national measure is justified or not Õ 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.
ò new
The Commission shall
address its decision to all Member States and shall immediately communicate it
to them and the relevant economic operator or operators.
ê 2007/23/EC
(adapted)
ð new
2.           If the Commission considers that the national measures are Ö is considered Õ justified, the otherÖ all Õ Member States
shall take the necessary measures to ensure that the unsafeÖ non-compliant Õ article is
withdrawn from their national market and Ö shall Õ inform the
Commission thereof
Ö accordingly Õ. If the Commission considers that
the national measures are not Ö is considered
unjustified Õ justified,
the Member State concerned shall withdraw them Ö the measure Õ .
23.         Where the provisionalÖ national Õ measures referred to in
paragraph 1Ö is
considered justified and the non-compliance of the pyrotechnic article is
attributed to Õ are based on
a shortcoming in Ö the Õ harmonised
standards Ö referred
to in Article 15 of this Directive Õ, the
Commission shall ð apply the procedure provided for in
Article 8 of Regulation (EU) No [../..] [on European Standardisation] ï 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.
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.
ò new
Article 40 [Article
R33 of Decision No 768/2008/EC]
Compliant pyrotechnic articles which present a risk to health and safety
1.                      
Where, having
performed an evaluation 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.
2.                      
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.
3.                      
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.
4.                      
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.
5.                      
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
1.                      
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;
(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.
ê 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.
ê 2007/23/EC
(adapted)
ð new
Chapter
6
Ö Delegated
and implementing powers Õ
Article 1842
Implementing
measures Ö Delegated
power Õ
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) ð The Commission shall be empowered to
adopt delegated acts in accordance with Article 46 concerning ï:
(a)                   
Ö identification
of pyrotechnic articles referred to in Article 3(1) on the basis of Õ adaptations necessary to
take account of any future amendments to United Nations
recommendations Ö on the
transport of dangerous goods Õ;
ê 2007/23/EC
(b)                   
adaptations to technical progress of Annexes
II and III;
(c)                   
adaptations of the labelling requirements set
out in Articles 129
and 1310.
ò new
Article 43
Exercise of the delegation
1.                      
The power to adopt
delegated acts is conferred on the Commission subject to the conditions laid
down in this Article.
2.                      
The delegation of
power referred to in Article 42 shall be conferred for an indeterminate period
of time from […] [insert a date - the date of entry into force of this
Directive].
3.                      
The delegation of powers
referred to in Article 42 may be revoked at any time by the European Parliament
or by the Council. A 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. 
4.                      
As soon as it adopts a
delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council. 
5.                      
A delegated act
adopted 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:
ê 2007/23/EC
2. The following
measures shall be adopted in accordance with the regulatory procedure referred
to in Article 19(3)
ê 2007/23/EC
(adapted)
(a)                   
the setting up ofa traceability
system, including a registration number and a register at EU Ö Union Õ level in order
to identify types of pyrotechnic articles and their manufacturer;
(b)                   
the setting up ofcommon
criteria for the regular collection and updating of data on accidents related
to pyrotechnic articles.
ò new
Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 45(2).
ê 2007/23/EC
(adapted)
Article 1945
Committee Ö procedure Õ
1.           The Commission shall be
assisted by Ö the Õ a cCommittee Ö on
Pyrotechnic Articles. That committee shall be a committee within the meaning of
Regulation (EU) No 182/2011 Õ.
ê 2007/23/EC
2. Where reference
is made to this paragraph, Article 5a(1) to (4), and Article 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of
Article 8 thereof.
ê 2007/23/EC
ð new
32.         Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC ð Regulation (EU) No 182/2011 ï shall apply, having regard to the provisions of
Article 8 thereof.
ê 2007/23/EC
ð new
The period laid
down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
ê 2007/23/EC
(adapted)
Ö Chapter 7
Transitional and final provisions Õ
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 Ö shall
take all the measures necessary to Õ ensure that
they are implementedÖ enforced Õ.
ê 2007/23/EC
The penalties provided for shall be
effective, proportionate and dissuasive.
Member States
shall also adopt the
necessary measures allowing them to detain consignments of pyrotechnic articles
that fail to comply with this Directive.
ò new
Member States
shall notify those provisions to the European Commission by 3 July 2013 at the
latest and shall notify it without delay of any subsequent amendment affecting
them.
ò new
Article 47
Transitional provisions
1.                      
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.
2.                      
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.
3.                      
National
authorisations for other pyrotechnic articles, for fireworks of category 4 and
for theatrical pyrotechnic articles granted before 4 July 2013 shall continue
to be valid on the territory of the Member State having granted the
authorisation until their expiry date or until 4 July 2017, whichever is earlier.
4.                      
By way of derogation
from paragraph 3, national authorisations for pyrotechnic articles for vehicles
granted before 4 July 2013 shall continue to be valid until their expiry.
5.                      
Certificates of
conformity issued under Directive 2007/23/EC shall be valid under this
Directive until 4 July 2020 unless they expire before that date.
ê 2007/23/EC
(adapted)
Article 2148
Transposition
1.                      
Member States shall adopt and publish by 4 January 2010
Ö 3 July
2013, at the latest Õ, the laws,
regulations and administrative provisions necessary to comply with this Directive
Ö 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 Õ. They shall
forthwith communicate to the Commission the text of those provisions Ö and a
correlation table between those provisions and this Directive Õ.
2.                      
They shall apply those provisions by 4 July 2010
Ö 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 Õ 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. Ö 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. Õ Member States
shall determine how such reference is to be made Ö and how
that statement is formulated Õ.
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.
ê 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.
ê 
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.
ê 2007/23/EC
(adapted)
Article 2250
Entry into force
This Directive shall enter into force on
the 20th
Ö twentieth Õ day following
its publication in the Official Journal of the European Union.
ê 
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.
ê 2007/23/EC
Article 2351
Addressees
This
Directive is addressed to the Member States.
Done at […],
For the European Parliament                       For
the Council
The
President                                                 The President
ê 2007/23/EC
ð new
ANNEX I
Essential safety requirements
(1)1.       Each pyrotechnic article must attain the performance
characteristics specified by the manufacturer to the notified body in order to
ensure maximum safety and reliability.
(2)2.       Each pyrotechnic article must be designed and 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;
(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 ð 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 ï:
(a)         
commercial
blasting agents, except for black powder or flash composition ð the detonative explosive cannot be
easily extracted from the article ï;
(b)         
military
explosives. ð for category P1, the article cannot
function in a detonative manner, or cannot, in itself, initiate secondary
explosives; ï
ò new
(c)         
for categories 4, T2
and P2, the article is designed and intended not to function in a detonative
manner, or, if designed to detonate, it cannot in itself initiate secondary
explosives.
ê 2007/23/EC
(5)5.       The various groups of pyrotechnic articles must at least also
comply with the following requirements:
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)      the safety distance must be at least
1 m. However, where appropriate the safety distance may be less,
(ii)      the maximum noise level must not
exceed 120 dB (A, imp), or an equivalent noise level as measured by another
appropriate method, at the safety distance,
(iii)     category 1 must not comprise
bangers, banger batteries, flash bangers and flash banger batteries,
(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)      the safety distance must be at least
8 m. However, where appropriate the safety distance may be less,
(ii)      the maximum noise level must not
exceed 120 dB (A, imp), or an equivalent noise level as measured by
another appropriate method, at the safety distance.
(c)          
For category 3 fireworks, the following
conditions must be met:
(i)      the safety distance must be at least
15 m. However, where appropriate the safety distance may be less,
(ii)      the maximum noise level must not
exceed 120 dB (A, imp), or an equivalent noise level as 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.
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.
ê 2007/23/EC
(adapted)
ANNEX II
Conformity assessment procedures
1. Module B:
Ö EU Õ 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)
Ö 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 Õ.
ò new
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).
ê 2007/23/EC
(adapted)
23.         The Ö manufacturer
shall lodge an Õ application
for Ö EU Õ EC type-
examination must be
lodged by the manufacturer with theÖ a
single Õ notified body
of his choice.
ê 2007/23/EC
The application must include:
(a)         
the name and address of the manufacturer,;
(b)         
a written declaration that the same application
has not been lodged with any other notified body,;
ê 2007/23/EC
(adapted)
ð new
(c)         
the technical documents Ö documentation Õ, as described in point 3.
Ö The
technical documentation shall make it possible to assess the pyrotechnic
article's conformity with the applicable requirements of this Directive Õ ð and shall include an adequate
analysis and assessment of the risk(s). ï Ö 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 contain, wherever
applicable, at least the following elements: Õ
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 Ö of the
pyrotechnic article Õ,;
(bii)    conceptual design and
manufacturing drawings and diagramsÖ schemes Õ of Ö e.g. Õ components,
sub-assemblies, circuits, etc.,;
(ciii)   descriptions and explanations
necessary for the understanding of the Ö those Õ drawings and diagramsÖ schemes Õ and the
operation of the Ö pyrotechnic Õ article,;
(div)   a list of the harmonised standards
referred to in
Article 8 of this Directive Ö and/or
other relevant technical specifications the references of which have been
published in the Official Journal of the European Union Õ , applied in
full or in part, and descriptions of the solutions adopted to meet the
essential safety requirements of this Directive where the Ö those Õ harmonised
standards referred
to in Article 8 of this Directive have not been applied,. Ö In the
case of partly applied harmonised standards, the technical documentation shall
specify the parts which have been applied; Õ
ê 2007/23/EC
(ev)    results of design calculations
made, examinations carried out, etc.,;
(fvi)    test reports.;
ò new
(d)         
the specimens
representative of the production envisaged. The notified body may request
further specimens if needed for carrying out the test programme;
(e)         
the supporting
evidence for the adequacy of the technical design solution. This supporting
evidence shall mention any documents that have been used, in particular where
the relevant harmonised standards and/or technical specifications have not been
applied in full. The supporting evidence shall include, where necessary, the
results of tests carried out by the appropriate laboratory of the manufacturer,
or by another testing laboratory on his behalf and under his responsibility.
ê 2007/23/EC
(adapted)
ð new
4.         The notified body mustÖ shall Õ:
Ö For the
pyrotechnic article: Õ
4.1         (a) eExamine the technical documents, Ö documentation Õ ð and supporting evidence to assess
the adequacy of the technical design of the pyrotechnic article ï.
Ö For the
specimen(s): Õ
4.2         vVerify that the type hasÖ specimen(s)
have Õ been
manufactured in conformity with those Ö the technical
documentation Õ documents
, and identify the elements which
have been designed in accordance with the Ö applicable
provisions of the Õ relevant provisions of the
harmonised standards referred to in Article 8 of this Directive Ö and/or
technical specifications, Õ as well as the
componentsÖ elements Õ which have
been designed without applying the relevant provisions of those harmonised
standards,;
4.3         (b) perform or have
performed theÖ Carry
out Õ appropriate
examinations and necessary
tests Ö , or have
them carried out, Õ 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 Ö solutions
in the Õ relevant
harmonised standards Ö and/or
technical specifications Õ, these have
been applied Ö correctly Õ,; 
ò new
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 specifications have not been applied, the solutions adopted by the
manufacturer meet the corresponding essential safety requirements of this
Directive;
ê 2007/23/EC
(adapted)
ð new
4.5         (d) aAgree with the applicantÖ manufacturer
on a Õ the
location where the examinations and necessary tests are toÖ will Õ be carried
out.
ò 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.
ê 2007/23/EC
(adapted)
ð new
5.6.        Where the type meets the relevant provisionsÖ requirements Õ of this Directive
Ö the
specific legislative instrument that apply to the pyrotechnic article
concerned Õ, the notified
body mustÖ shall Õ issue an Ö EU Õ EC type-
examination certificate to the applicantÖ manufacturer Õ. The
certificate must
Ö shall Õ contain the
name and address of the manufacturer, the results Ö conclusions Õ of the
examination Ö , the
conditions (if any) for its validity Õ and the data
necessary Ö data Õ for the
identification of the approved type. ð The certificate may have one or more
annexes attached. ï
ê 2007/23/EC
ð 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, ð 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. ï
ê 2007/23/EC
(adapted)
ð new
ð Where the type does not satisfy the
applicable requirements of this Directive, ï the notified body must provide
ð shall refuse to issue an EU type
examination certificate and shall inform the applicant accordingly,
giving ï detailed reasons for such Ö its Õ refusal.
ê 2007/23/EC
Provision must be
made for an appeals procedure.
ò 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.
ê 2007/23/EC
(adapted)
6. The applicant
mustÖ manufacturer
shall Õ inform the notified
body that holds the technical documents concerning the EC type- Ö documentation
relating to the EU type Õ examination
certificate of all modifications to the approved article which must receive additional approval
where such changesÖ type
that Õ may affect the
conformity Ö of the
pyrotechnic article Õ with the
essential Ö safety Õ requirements Ö of this
Directive Õ or the prescribed
conditions for use
Ö validity Õ of the article. This
Ö certificate.
Such modifications shall require Õ additional
approval must be
given in the form of an addition to the original Ö EU Õ EC type-
examination certificate.
7.8.        Each notified body must communicate to the other notified bodies the
relevant information Ö shall
inform its notifying authorities Õ concerning EC Ö the
EU Õ 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 Ö which it
has issued or withdrawn, and shall, periodically or upon request, make
available Õ is the responsibility
of the person who places the product on the market Ö to its
notifying authorities the list of certificates and/or any additions thereto
refused, suspended or otherwise restricted Õ.
ò 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.
ê 2007/23/EC
(adapted)
2.
Module C2:
Conformity to type Ö based on
internal production control plus supervised product checks at random
intervals Õ
1.           This module describes that part of theÖ Conformity
to type based on internal production control plus supervised product checks at
random intervals is the part of a conformity assessment Õ procedure
whereby the manufacturer Ö fulfils
the obligations laid down in points 2, 3 and 4, and Õ ensures and
declares Ö on his
sole Õ 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.
ê 2007/23/EC
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.
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
ê 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 Ö EU Õ 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.           Ö Manufacturing Õ
Ö 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. Õ
ò new
3.           Product
checks
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 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.
4.           Conformity
marking and declaration of conformity
4.1         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.
4.2         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.
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.
ê 2007/23/EC
(adapted)
2.           Ö Manufacturing Õ
The manufacturer must Ö shall Õ operate an
approved quality system for production, final product inspection and testing Ö of the
pyrotechnic articles concerned Õ as specified
in point 3. He must
Ö and shall Õ be subject to the monitoring referred
to Ö surveillance
as specified Õ in point 4.
3.           Quality system
3.1         The manufacturer mustÖ shall Õ lodge an
application for assessment of his quality system with the notified body of his
choice in relation
toÖ for Õ the
pyrotechnic articles concerned.
The application mustÖ shall Õ include:
ò new
(a)         
the name and address
of the manufacturer;
(b)         
a written declaration
that the same application has not been lodged with any other notified body;
ê 2007/23/EC
(adapted)
(c)(a) all relevant information for the pyrotechnic
article category envisaged,;
(d)(b) the documents
Ö documentation Õ concerning the
quality system,;
(e)(c) the technical
documents
pertaining to Ö documentation
of Õ the approved
type and a copy of the EC Ö EU Õ type-
examination certificate.
3.2         The quality system mustÖ shall Õ ensure Ö that Õ the conformity of
pyrotechnic articles Ö are in
conformity Õ with the type as
described in the EC
Ö EU Õ type-
examination certificate and Ö comply Õ with the
requirements of this Directive that apply to them.
All the elements, requirements and provisions
adopted by the manufacturer must Ö shall Õ be documented
in a systematic and orderly manner in the form of written policies, procedures
and instructions. The quality system documents must Ö documentation
shall Õ permit a
consistent interpretation of the quality programmes, plans, manuals and quality
records.
They must containÖ It
shall, Õ in particularÖ ,
contain Õ an adequate
description of:
(a)         
the quality objectives and the organisational
structure, responsibilities and powers of the management with regard to theÖ product Õ quality of the pyrotechnic
articles,;
(b)         
the Ö corresponding Õ manufacturing,
quality control and quality assurance techniques, processes and systematic
actions that will be used,;
ê 2007/23/EC
(c)         
the examinations and tests that will be carried
out before, during and after manufacture, and the frequency with which they
will be carried out,;
ê 2007/23/EC
(adapted)
ð new
(d)         
the quality records, such as inspection reports
and test data, calibration data, and qualification reports of Ö on Õ the personnel
concerned,;
(e)         
the means of monitoring the achievement of the
required Ö product Õ quality of the pyrotechnic
articles and the effective operation of the quality system.
3.3         The notified body mustÖ shall Õ assess the
quality system to determine whether it satisfies the requirements referred to
in point 3.2.
It mustÖ shall Õ presume
conformity with those requirements in respect of Ö the
elements of the Õ quality systems that implement
Ö comply
with the corresponding specifications of the national standard that
implements Õ the relevant
harmonised standard Ö and/or
technical specifications Õ.
Ö In
addition to experience in quality management systems, Õ Tthe auditing team mustÖ shall Õ have at least
one member with experience of assessing Ö evaluation
in Õ the relevant Ö field and Õ product
technology Ö concerned,
and knowledge of the applicable requirements of the legislative instrument. The
audit shall Õ. The assessment
procedure must include an inspectionÖ assessment Õ visit to the
manufacturer's premises. ð 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. ï
A duly substantiated assessmentÖ The Õ decision mustÖ shall Õ be notified to
the manufacturer. It
mustÖ The
notification shall Õ contain the resultsÖ conclusions Õ of the examinationÖ audit and
the reasoned assessment decision Õ.
3.4         The manufacturer mustÖ shall Õ undertake to
fulfil the obligations arising out of the quality system as approved and Ö to Õ maintain it Ö so that
it remains Õat an
adequate and efficient level.
3.5         The manufacturer mustÖ shall Õ keep the
notified body that has approved the quality system informed of any proposedÖ intended Õ change to the
quality system.
The notified body must assess theÖ shall
evaluate any proposed Õ changes proposedand
decide whether the altered
Ö modified Õ quality system
will stillÖ continue
to Õ satisfy the requirements
referred to in point 3.2 or whether Ö a Õ reassessment
is required
Ö necessary Õ.
ò new
It shall notify the
manufacturer of its decision. The notification shall contain the conclusions of
the examination and the reasoned assessment decision.
ê 2007/23/EC
A duly
substantiated assessment decision must be notified to the manufacturer. It must
contain the results of the examination.
ê 2007/23/EC
(adapted)
4.           MonitoringÖ Surveillance Õ under the
responsibility of the notified body
4.1         The purpose of monitoringÖ surveillance Õ is to make
sure that the manufacturer duly fulfils the obligations arising out of the
approved quality system.
4.2         The manufacturer mustÖ shall,
for assessment purposes, Õ allow the
notified body access for inspection purposes to the manufacturing Ö manufacture Õ , inspection,
testing and storage premisesÖ sites Õ and Ö shall Õ provide it
with all necessary information, in particular:
(a)         
the quality system documents Ö documentation Õ ,;
(b)         
the quality records, such as inspection reports
and test data, calibration data, and qualification reports of Ö on Õ the personnel
concerned.
4.3         The notified body must periodicallyÖ shall Õ carry out Ö periodic Õ audits to make
sure that the manufacturer maintains and applies the quality system and Ö shall Õ provide Ö the
manufacturer with Õ an audit
report to the
manufacturer.
4.4         AdditionallyÖ In
addition, Õ the notified
body may pay unannounced
Ö unexpected Õ visits to the
manufacturer. During such visits the notified body may, if necessary, carry out
Ö product Õ tests, or have them carried out, Ö in
order Õ to verify that
the quality system is functioning correctly. The notified body must Ö shall Õ provide the
manufacturer with a visit report and, if a test has taken place Ö tests
have been carried out Õ, with a test
report.
ê 2007/23/EC
ð new
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:
ð Conformity marking and declaration
of conformity ï
ò 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.
ê 2007/23/EC
            (a) the documents
referred to in point 3.1.(b),
            (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.
ê 2007/23/EC
(adapted)
5.2         The manufacturer must affix the CE marking to each article and
Ö shall Õ 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 4Ö 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 Õ.
ò new
A copy of the
declaration of conformity shall be made available to the relevant authorities
upon request.
ò new
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:
(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.
ê 2007/23/EC
(adapted)
2.           Ö Manufacturing Õ
The manufacturer must Ö shall Õ operate an
approved quality system for final pyrotechnic articleÖ product Õ inspection and
testing Ö of the
pyrotechnic articles concerned Õ as specified
in point 3. He mustÖ and
shall Õ be subject to the monitoring referred
toÖ surveillance
as specified Õ in point 4.
3.           Quality system
3.1         The manufacturer mustÖ shall Õ lodge an
application Ö for
assessment of his quality system Õ with the
notified body of his choice for the assessment of the quality system in relation to
his pyrotechnic articles Ö concerned Õ.
The application mustÖ shall Õ include Ö the
following information Õ:
ò new
(a)     the name and
address of the manufacturer;
(b)     a written
declaration that the same application has not been lodged with any other
notified body;
ê 2007/23/EC
(adapted)
(c)     (a)all relevant information for the pyrotechnic
Ö product Õ category
envisaged,;
(d)     (b)Ö the
documentation concerning Õ the quality
system documents,;
(e)     (c)the technical documents pertaining to Ö documentation
of Õ the approved
type and a copy of the EC Ö EU Õ type-
examination certificate.
ê 2007/23/EC
ð 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. ð 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. ï
ê 2007/23/EC
(adapted)
All the elements, requirements and provisions
adopted by the manufacturer must Ö shall Õ be documented
in a systematic and orderly manner in the form of written policies, procedures
and instructions. The quality system documents must Ö documentation
shall Õ permit a
consistent interpretation of the quality programmes, plans, manuals and quality
records.
They mustÖ It
shall, Õ in particular, contain an adequate description of:
ê 2007/23/EC
(a)     the quality objectives and the
organisational structure, responsibilities and powers of the management with
regard to product quality,;
ê 2007/23/EC
(adapted)
(b)     the examination Ö examinations Õ and tests that
will be carried out after manufacture,;
(c)     (d) quality records, such as inspection
reports and test data, calibration data, and qualification reports of Ö on Õ the personnel
concerned.;
ê 2007/23/EC
(d)     (c) the means of monitoring the effective
operation of the quality system,.
ê 2007/23/EC
(adapted)
ð new
3.3         The notified body mustÖ shall Õ assess the
quality system to determine whether it satisfies the requirements referred to
in point 3.2.
It mustÖ shall Õ presume
conformity with the
Ö those Õ requirements
in respect of Ö the
elements of the Õ quality systems that implement
Ö comply
with the corresponding specifications of the national standard that
implements Õ the relevant
harmonised standard Ö and/or
technical specifications Õ.
Ö In
addition to experience in quality management systems, Õ Tthe auditing team mustÖ shall Õ have at least
one member with experience of assessing Ö evaluation
in Õ the relevant Ö product
field and Õ product
technology Ö concerned,
and knowledge of the applicable requirements of this Directive. The audit
shall Õ. The assessment
procedure must include an inspection Ö assessment Õ visit to the
manufacturer's premises. ð 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. ï
A duly substantiated assessmentÖ The Õ decision must Ö shall Õ be notified to
the manufacturer. It
mustÖ The
notification shall Õ contain the results
Ö conclusions Õ of the examination
Ö audit and
the reasoned assessment decision Õ.
3.4         The manufacturer mustÖ shall Õ undertake to
fulfil the obligations arising out of the quality system as approved and Ö to Õ maintain it at an Ö so that
it remains Õ adequate and
efficient level.
3.5         The manufacturer mustÖ shall Õ keep the
notified body which
Ö that Õ has approved
the quality system informed of any proposed Ö intended Õ change to the
quality system.
The notified body must assess the Ö shall
evaluate any proposed Õ changes proposed
and decide whether the altered Ö modified Õ quality system
will still
Ö continue
to Õ satisfy the
requirements referred to in point 3.2 or whether a reassessment is required
Ö necessary Õ .
A duly substantiated assessmentÖ It shall
notify the manufacturer of its Õ decision must be notified to the
manufacturer. It mustÖ The
notification shall Õ contain the resultsÖ conclusions Õ of the
examination Ö and the
reasoned assessment decision Õ.
4.           MonitoringÖ Surveillance Õ under the
responsibility of the notified body
4.1         The purpose of monitoringÖ surveillance Õ is to make
sure that the manufacturer duly fulfils the obligations arising out of the
approved quality system.
4.2         The manufacturer mustÖ shall,
for assessment purposes, Õ allow the
notified body access for inspection purposes to the manufacturing Ö manufacture Õ , inspection,
testing and storage premisesÖ sites Õ and Ö shall Õ provide it
with all necessary information, in particular:
(a)     the quality system documents
Ö documentation Õ ,;
(b)     the technical documents,
(b)     (c) the quality records, such as
inspection reports and test data, calibration data, and qualification reports of Ö on Õ the personnel
concerned.
4.3         The notified body mustÖ shall Õ periodically
carry out Ö periodic Õ audits to Ö make
sure Õ ensure
that the manufacturer maintains and applies the quality system and must Ö shall Õ provide Ö the
manufacturer with Õ an audit
report to the
manufacturer.
4.4         Additionally Ö In
addition Õ, the notified
body may pay unannouncedÖ unexpected Õ visits to the
manufacturer. During such visits the notified body may, if necessary, carry out
Ö product Õ tests, or have them carried out Ö , in
order Õ to verify that
the quality system is functioning correctly. The notified body mustÖ shall Õ provide the
manufacturer with a visit report and, if a test has Ö tests
have Õ been carried
out, with a test report.
ê 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,
            (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.
ò new
5.           Conformity
marking and declaration of conformity
ê 2007/23/EC
(adapted)
ð new
5.1         The manufacturer mustÖ shall Õ affix the CE marking to the article
and draw up a declaration ofÖ required Õ conformity Ö marking Õ . 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 ensureÖ this
Directive, and, under the responsibility of the notified body referred to in
point 3.1, Õ the conformity of the
article with the relevant requirements of this Directive. The notified body
must affix, or cause to be affixed, itsÖ latter’s Õ identification
number to the
approved pyrotechnic article and draw up aÖ each
individual product that is in conformity with the type described in the EU type
examination certificate Õ 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
Ö satisfies
the applicable requirements of this Directive Õ.
ò 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:
(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:
ê 2007/23/EC
Where necessary
for the assessment, the documents must contain:
ê 2007/23/EC
(adapted)
(a)         
a general description of the typeÖ pyrotechnic
article Õ,;
(b)         
conceptual design and manufacturing drawings and
schemes of components, sub-assemblies,
and
circuits Ö ,
etc. Õ,;
(c)         
the descriptions and
explanations necessary for the understanding of the Ö those Õ conceptual design and
manufacturing drawings, the Ö and Õ schemes of components,
sub-assemblies and circuits and the operation of the
pyrotechnic article,;
(d)         
a list of the harmonised standards referred to in Article 8
of this Directive Ö and/or
other relevant technical specifications the references of which have been
published in the Official Journal of the European Union Õ, applied in
full or in part, and descriptions of the solutions adopted to meet the
essential safety requirements of this Directive where the Ö those Õ harmonised
standards referred
to in Article 8 of this Directive have not been appliedÖ . In the
case of partly applied harmonised standards, the technical documentation shall
specify the parts which have been applied Õ,;
(e)         
results of design calculations made, and examinations carried out Ö , etc. Õ,;
(f)           
test reports.
ò new
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.
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
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 4, the latter's identification number to each product that
satisfies the applicable requirements of this Directive.
5.2         The
manufacturer shall draw up a written declaration of conformity and keep it at
the disposal of the national authorities for 10 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.
ê 2007/23/EC
(adapted)
ð new
6.
Module H:
Ö Conformity
based on Õ Ffull quality assurance
1.           This module describes the procedure whereby the
manufacturer who satisfies the obligations set outÖ Conformity
based on full quality assurance is the conformity assessment procedure whereby
the manufacturer fulfils the obligations laid down Õ in points 2 ð and 5, ï Ö and Õ ensures and
declares Ö on his
sole responsibility Õ that the Ö pyrotechnic Õ articles
concerned meet
Ö satisfy Õ 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.           Ö Manufacturing Õ
The manufacturer mustÖ shall Õ operate an
approved quality system for the design, production, Ö manufacture
and Õ final product
inspection and testing Ö of the
pyrotechnic articles concerned Õ as specified
in point 3 and mustÖ shall Õ be subject to the monitoring referred
to Ö surveillance
as specified Õ in point 4.
3.           Quality system
3.1         The manufacturer mustÖ shall Õ lodge an
application for assessment of his quality system with aÖ the Õ notified body Ö of his
choice for the pyrotechnic articles concerned Õ .
The application mustÖ shall Õ include:
(a) all relevant information for the
pyrotechnic article category envisaged,
ò new
(a)     the name and
address of the manufacturer;
(b)     the
technical documentation for one model of each category of pyrotechnic articles
intended to be 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;
ê 2007/23/EC
(adapted)
(c)     (b) the documents Ö documentation Õ concerning the
quality system,;
ò new
(d)     a written
declaration that the same application has not been lodged with any other
notified body.
ê 2007/23/EC
(adapted)
3.2         The quality system mustÖ shall Õ ensure the conformity
Ö compliance Õ of the Ö pyrotechnic
articles Õ article
with the requirements of this Directive.
All the elements, requirements and provisions
adopted by the manufacturer mustÖ shall Õ be documented
in a systematic and orderly manner in the form of written policies, procedures
and instructions. The
Ö That Õ quality system
documents
Ö documentation Õ must Ö shall Õ permit a
consistent interpretation of the quality programmes, plans, manuals and quality
records.
They must containÖ It
shall, Õ in particularÖ ,
contain Õ an adequate
description of:
(a)         
the quality objectives and the organisational
structure, responsibilities and powers of the management with regard to product
design and Ö pyrotechnic
article Õ quality,;
(b)         
Ö the Õ technical construction
Ö design Õ specifications, including the standards applicable
Ö that will
be applied Õ and, if the standards referred
to in Article 8 of this Directive have not been fully Ö where the
relevant harmonised standards and/or technical specifications will not be Õ applied Ö in
full Õ , the means of Ö that will
be used to Õ ensuring
Ö ensure Õ that the relevant basic
Ö essential
safety Õ requirements
of this Directive have
beenÖ will
be Õ met,;
(c)         
techniques to Ö the
design Õ control and assess the development
results Ö design
verification techniques Õ, processes and
systematic actions that will be used to develop products belonging to
Ö when
designing Õ the product
Ö pyrotechnic
articles pertaining to the pyrotechnic article Õ category in question
Ö covered Õ,;
(d)         
the Ö corresponding Õ manufacturing,
quality control and quality assurance techniques,
and the
processes and systematic actions applied Ö that will
be used Õ,;
ê 2007/23/EC
(e)         
the examinations and tests that will be carried
out before, during and after manufacture, and the frequency with which they
will be carried out,;
ê 2007/23/EC
(adapted)
ð new
(f)           
the quality records, such as inspection reports
and test data, calibration data, and qualification reports of Ö on Õ the personnel
concerned, Ö etc.; Õ
(g)         
the means of monitoring the achievement of the
required design and Ö product Õ quality of the product
and the effective operation of the quality system.
3.3         The notified body mustÖ shall Õ assess the
quality system to determine whether it satisfies the requirements referred to
in point 3.2.
It mustÖ shall Õ presume
conformity with those requirements in respect Ö of the
elements of the Õ quality systems that Ö comply
with the corresponding specifications of the national standard that implements Õ implement
the relevant harmonised standard Ö and/or
technical specifications Õ.
Ö In
addition to experience in quality management systems, Õ Tthe auditing team mustÖ shall Õ have at least
one member with
experience of assessing Ö experienced
as an assessor in Õ the relevant
product Ö field and
product Õ technology Ö concerned,
and knowledge of the applicable requirements of this Directive Õ. The assessment procedure
Ö audit Õ shall include
an inspectionÖ assessment Õ visit to the
manufacturer's premises. ð 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. ï
A duly substantiated assessmentÖ The
manufacturer shall be notified of the Õ decision must be notified to the
manufacturer.
It mustÖ The
notification shall Õ contain the results
Ö conclusion Õ of the examination
Ö audit and
the reasoned assessment decision Õ.
3.4         The manufacturer mustÖ shall Õ undertake to
fulfil the obligations arising out of the quality system as approved and Ö to Õ maintain it Ö so that
it remains Õ at an
adequate and efficient level.
3.5         The manufacturer mustÖ shall Õ keep the
notified body that has approved the quality system constantly informed of any proposed update of
Ö intended
change to Õ the quality
system.
The notified body must assess theÖ shall
evaluate any proposed Õ changes proposed
and decide whether the altered Ö modified Õ quality system
will stillÖ continue
to Õ satisfy the
requirements referred to in point 3.2 or whether a reassessment is required Ö necessary Õ.
A duly substantiated assessmentÖ It shall
notify the manufacturer of its Õ decision must be notified to the
manufacturer. It mustÖ The
notification shall Õ contain the resultsÖ conclusions Õ of the examination
Ö and the
reasoned assessment decision Õ.
4.           EC monitoringÖ Surveillance Õ under the
responsibility of the notified body
4.1         The purpose of EC monitoringÖ surveillance Õ is to make
sure that the manufacturer duly fulfils the obligations arising out of the
approved quality system.
4.2         The manufacturer mustÖ shall,
for assessment purposes, Õ allow the
notified body access for inspection purposes to the Ö design Õ, manufacturing Ö manufacture Õ, inspection,
testing and storage premisesÖ sites Õ and Ö shall Õ provide it
with all necessary information, in particular:
(a)         
the quality system documents Ö documentation Õ,;
(b)         
the quality records required under Ö as
provided for by the design part of Õ the quality
system for the
development field such as the results of analyses,
calculations, and
tests, Ö etc.; Õ
(c)         
the quality records required under Ö as
provided for by the manufacturing part of Õ the quality
system for the
manufacturing field such as inspection reports and
test data, calibration data, and qualification reports of
on the personnel concernedÖ ,
etc. Õ
4.3         The notified body mustÖ shall Õ periodically
carry out Ö periodic Õ audits to make
sure that the manufacturer maintains and applies the quality system and Ö shall Õ provide Ö the
manufacturer with Õ an audit
reportto the
manufacturer.
4.4         Additionally Ö In
addition Õ, the notified body may pay unannounced
Ö unexpected Õ visits to the
manufacturer. During such visits,
the notified body may, if necessary, carry out Ö pyrotechnic
articles Õ tests, or have them carried out, to verify that Ö in order
to check the proper functioning of Õ the quality
system is
functioning correctly. The notified body mustÖ It
shall Õ provide the
manufacturer with a visit report and, if a test has taken place
Ö tests
have been carried out Õ, with a test
report.
ò new
5.           Conformity
marking and declaration of conformity
5.1         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.
5.2         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.
ê 2007/23/EC
(adapted)
56.         The manufacturer must Ö shall Õ, for a period of Ö ending Õ at least 10
years after the last
date of manufacture of the article Ö product
has been placed on the market Õ, keep at the
disposal of the national authorities:
ê 2007/23/EC
(adapted)
(a)         
the Ö technical Õ documents
Ö documentation Õ referred to in
point 3.1.(b),;
(b)         
the documents Ö documentation Õ relating to the updating
Ö concerning
the quality system Õ referred to in
second
subparagraph of point 3.41,;
ò new
(c)         
the change referred to
in point 3.5, as approved;
ê 2007/23/EC
(adapted)
(d)         
(c) the decisions and reports of the notified body referred to in the
fourth subparagraph of points 3.45, and in points 4.3
and 4.4.
67.         Each notified body must give the other notified bodies the relevant
information concerning Ö shall
inform its notifying authorities of Õ quality system
approvals issued or withdrawn Ö and
shall, periodically or upon request, make available to its notifying
authorities the list of quality system approvals refused, suspended or
otherwise restricted Õ.
ò new
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.
ê 2007/23/EC
ð 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.
ê 2007/23/EC
ð 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.
é
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 and theatrical pyrotechnic articles) 
ANNEX IV
Correlation table
 Directive 2007/23/EC || This Directive 
 Article 1(1) || Article 1(1) 
 Article 1(2) || Article 1(2) 
 Article 1(3) || Article 2(1) 
 Article 1(4)(a) || Article 2(2)(a) 
 Article 1(4)(b) || Article 2(2)(b) 
 Article 1(4)(c) || Article 2(2)(c) 
 Article 1(4)(d) || Article 2(2)(d) 
 Article 1(4)(e) || Article 2(2)(e) 
 Article 1(4)(f) || Article 2(2)(f) and Article 3(5) 
 Article 2(1) || Article 3(1) 
 Article 2(2) 1st sentence || Article 3(7) 
 Article 2(2) 2nd sentence || Article 2(2)(g) 
 Article 2(3) || Article 3(2) 
 Article 2(4) || Article 3(3) 
 Article 2(5) || Article 3(4) 
 Article 2(6) || Article 3(9) 
 Article 2(7) || Article 3(10) 
 Article 2(8) || Article 3(11) 
 Article 2(9) || Article 3(14) 
 Article 2(10) || Article 3(6) 
 - || Article 3(8) 
 - || Article 3(12) 
 - || Article 3(13) 
 - || Article 3(15) to (22) 
 Article 3(1) || Article 6(1) 
 Article 3(2) || Article 6(2) 
 Article 4 (title) || Articles 8, 11, 12 (titles) 
 Article 4(1) || Article 8(1) 
 Article 4(2), 1st subparagraph || Article 11(1) to (4) and Article 13 
 Article 4(2), 2nd subparagraph || Article 13 
 Article 4(3) || Article 12 (1) and Article 12(2) 1st subparagraph 
 - || Article 12(2) 2nd subparagraph 
 - || Article 12(3) 
 - || Article 12(4) 
 - || Article 12(5) 
 Article 4(4)(a) || Article 8(2) 1st subparagraph 
 Article 4(4)(b) || Article 8(2) 2nd subparagraph and Article 8(5) 
 - || Article 8(3) to (7) 
 - || Article 14 
 Article 5(1) || Article 5 
 Article 5(2) || - 
 Article 6(1) || Article 4(1) 
 Article 6(2) || Article 4(2) 
 Article 6(3) || Article 4(3) 
 Article 6(4) || Article 4(4) 
 Article 7(1) || Article 7(1) 
 Article 7(2) || Article 7(2) 
 Article 7(3) || Article 7(3) 
 Article 8(1) || - 
 Article 8(2) || Article 15, 2nd subparagraph 
 Article 8(3), first sentence || - 
 Article 8(3), second sentence || Article 15 
 Article 8(3), third sentence || - 
 Article 8(4) || - 
 Article 9 || Article 16 
 - || Article 17 
 Article 10(1) || Articles 20 and 29(1) 
 Article 10(2) || Article 29(2) 
 Article 10(3) || Articles 24 and 25 
 Article 10(4) || Article 30(1) 
 Article 10(5) || Article 30(2) 
 Article 10(6) || - 
 - || Articles 21 and 23 
 - || Articles 26 to 28 
   || Articles 31 to 36 
 Article 11(1) || Article 19(1) 
 Article 11(2) || Article 18 
 Article 11(3) || Article 18 
 - || Article 19(2) 
   || Article 19(3) 
 - || Article 19(4) 
 Article 12(1) || Article 9(1) 
 Article 12(2) || Article 9(2) 
 Article 12(3) || Article 9(3) 
 Article 12(4) || Article 9(4) 
 Article 12(5) || Article 9(5) 
 Article 12(6) || - 
 Article 13(1) || Article 10(1) 
 Article 13(2) || Article 10(2) 
 Article 13(3) || Article 10(3) 
 Article 14(1) || Article 37(1) 
 Article 14(2) || Article 37(1) 
 Article 14(3) || Article 37(1) 
 Article 14(4) || Article 37(1) 
 Article 14(5) || Article 37(2) 
 Article 14(6) || Article 37(1) 
 Article 14(7) || Article 37(1) 
 Article 15 || Article 38(1), 1st subparagraph 
 - || Article 38(1), 2nd, 3rd, 4th subparagraphs 
 - || Article 38(2) to (8) 
 Article 16(1) || Article 39(1), 1st subparagraph 
 Article 16(2) || Article 39(2) and (3) 
 Article 16(3) || Article 41(1)(a) 
 - || Article 39(1), 2nd subparagraph 
 - || Article 40 
 - || Article 41 
 Article 17(1) || Article 37(1) 
 Article 17(2) || Article 37(1) 
 Article 18(1) || Article 42 
 Article 18(2) || Article 44 
 - || Article 43 
 Article 19(1) || Article 45(1) 
 Article 19(2) || - 
 Article 19(3), 1st subparagraph || Article 45(2) 
 Article 19(3), 2nd subparagraph || - 
 Article 20 || Article 46 
 - || Article 47(1) 
 Article 21(1) || Article 48(1) 
 Article 21(2), first sentence || - 
 Article 21(2), second sentence || Article 48(2) 
 Article 21(3) || Article 48(3) 
 Article 21(4) || Article 48(4) 
 Article 21(5) || Article 47(2) and (3) 
 Article 21(6) || Article 47(4) 
 - || Article 49 
 Article 22 || Article 50 
 Article 23 || Article 51 
 Annex I(1) || Annex I(1) 
 Annex I(2) || Annex I(2) 
 Annex I(3) || Annex I(3) 
 Annex I(4)(a) || Annex I(4) 
 Annex I(4)(b) || Annex I(4) 
 Annex I(5) || Annex I(5) 
 Annex II(1) || Annex II(1) 
 Annex II(2) || Annex II(2) 
 Annex II(3) || Annex II(3) 
 Annex II(4) || Annex II(4) 
 Annex II(5) || Annex II(5) 
 Annex II(6) || Annex II(6) 
 Annex III || Article 24 
 Annex IV || Article 18 
 - || Annex III 
 - || Annex IV 
[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.
[2]               COM(2011) 315 final.
[3]               OJ L 55, 28.2.2011, p. 13.
[4]               OJ C 77, 28.3.2002.
[5]               OJ C […].
[6]               OJ L 154, 14.6.2007, p. 1.
[7]               OJ L 218, 13.8.2008, p. 30.
[8]               OJ L 218, 13.8.2008, p. 82.
[9]               OJ L 121, 15.5.1993, p. 20. Directive as amended by Regulation (EC) No 1882/2003 of
the European Parliament and of the Council (OJ L 284, 31.10.2003,
p. 1).
[10]             OJ L 10, 14.1.1997,
p. 13. Directive as last amended by Directive 2003/105/EC of the
European Parliament and of the Council (OJ L 345, 31.12.2003, p. 97).
[11]             OJ L 46, 17.2.1997,
p. 25. Directive as last amended by Directive 2002/84/EC of the
European Parliament and of the Council (OJ L 324, 29.11.2002, p. 53).
[12]             ð OJ L 170, 30.06.2009, p. 1. ï
[13]             OJ C 136, 4.6.1985, p. 1.
[14]             OJ L […], […], p. […]
[15]             OJ C 91, 16.4.2003, p. 7.
[16]             OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003
Act of Accession.
[17]             OJ L 220, 30.8.1993, p. 23.
[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).
[19]             OJ L 184, 17.7.1999, p. 23. Decision as
amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
[20]             OJ L 55, 28.2.2011, p.13.
[21]             OJ C 321, 31.12.2003, p. 1.
[22]             OJ L 187, 16.7.1988, p. 1.
[23]             OJ L 212, 7.8.2001,
p. 24.
[24]             OJ L 136, 29.5.2007,
p. 3.