The Pyrotechnic Articles (Safety) Regulations 2015

Publication Date:January 01, 2015

2015No. 1553

CONSUMER PROTECTION

HEALTH AND SAFETY

The Pyrotechnic Articles (Safety) Regulations 2015

19thJuly2015

21stJuly2015

17thAugust2015

The Secretary of State is a Minister designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to pyrotechnic articles, market surveillance and marking which indicates that a product is in conformity with requirements of EU legislation.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A( 3) of Schedule 2 to, the European Communities Act 1972:

PART 1

Preliminary

Citation and commencement

1. These Regulations may be cited as the Pyrotechnic Articles (Safety) Regulations 2015 and come into force on 17th August 2015 ("the commencement date").

Interpretation

2.-(1) In these Regulations-

the "1974 Act" means the Health and Safety at Work etc Act 1974( 4);

the "1987 Act" means the Consumer Protection Act 1987( 5), as it has effect on the commencement date;

the "2010 Regulations" means the Pyrotechnic Articles (Safety) Regulations 2010( 6);

"accreditation" has the meaning set out in point 10 of Article 2 of RAMS (as amended from time to time);

"accreditation certificate" means a certificate, issued by the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) or a national accreditation body in another member State, attesting that a conformity assessment body meets the notified body requirements;

"aerial wheel" means tubes containing propellant charges and sparks, flame or noise-producing pyrotechnic composition (or all three), the tubes being fixed to a supporting structure, the principal effect of which is rotation and ascent, with emission of sparks and flames, producing a visual or aural effect (or both) in the air;

"banger" means a firework (other than a firework within regulation 33(1)(g)(i) (prohibitions on making available certain category F2 and F3 fireworks))-

(a) which comprises a non-metallic tube which contains pyrotechnic composition and has a fuse; and

(b) whose functioning principally involves report;

"battery" means an assembly which includes two or more fireworks of the same type;

"category F1 firework" has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article);

"category F2 firework" has the meaning set out in paragraph 2 of Schedule 1;

"category F3 firework" has the meaning set out in paragraph 3 of Schedule 1;

"category F4 firework" has the meaning set out in paragraph 4 of Schedule 1;

"category P1 other pyrotechnic article" has the meaning set out in paragraph 7 of Schedule 1;

"category P2 other pyrotechnic article" has the meaning set out in paragraph 8 of Schedule 1;

"category T1 theatrical pyrotechnic article" has the meaning set out in paragraph 5 of Schedule 1;

"category T2 theatrical pyrotechnic article" has the meaning set out in paragraph 6 of Schedule 1;

"CE marking" means a marking which takes the form set out in Annex II of RAMS (as amended from time to time);

"Christmas cracker" means a paper or foil tube, crimped at each end, enclosing novelties and with one or more snaps running along the length of the tube;

"combination" means an assembly, other than a battery, which includes 2 or more fireworks;

"competent national authority" means an authority having responsibility for enforcing the law of a member State which implements the Directive;

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

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

the "Directive" means Directive 2013/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the member States relating to the making available on the market of pyrotechnic articles (recast)( 7);

"distributor" means any person in the supply chain, other than the manufacturer or the importer, who makes a pyrotechnic article available on the market;

"double banger" means a firework (other than a firework falling with in regulation 33(1)(g)(i))-

(a) which comprises a non-metallic tube containing two portions of pyrotechnic composition connected by a delay fuse; and

(b) whose functioning principally involves report and a flash of light;

"economic operator" means a manufacturer, importer or distributor;

"enforcing authority" means any person enforcing these Regulations under regulation 53 (enforcement), and, for these purposes, the Secretary of State is to be considered the person enforcing these Regulations where a person acts on the Secretary of State's behalf under regulation 53(5);

"essential safety requirements" means the requirements set out in Schedule 2 (essential safety requirements);

"EU declaration of conformity" means a declaration of conformity required to be drawn up in accordance with regulation 9(1)(a) (EU declaration of conformity and CE marking);

"European Commission" means the Commission of the European Union;

"firework" means a pyrotechnic article intended for entertainment purposes;

"flash banger" means a firework (other than a firework falling within regulation 33(1)(g)(i))-

(a) which comprises a non-metallic tube containing metal-based pyrotechnic composition; and

(b) whose functioning principally involves report and a flash of light;

"harmonised standard" has the meaning set out in point 1(c) of Article 2 of Regulation (EU) 1025/2012 of the European Parliament and of the Council on European standardisation( 8) (as amended from time to time);

"importer" means any person who-

(a) is established within the EU; and

(b) places a pyrotechnic article from a third country on the EU market;

"jumping cracker" means a paper tube containing black powder, folded back on itself several times and bound together, the principal effect of which is reports in succession with jumping motions;

"jumping ground spinner" means a non-metallic tube containing gas and sparks producing pyrotechnic composition, with or without whistling pyrotechnic composition, the principal effect of which is rotation on the ground frequently interrupted by a jumping motion and emission of sparks and flame, with or without an aural effect (other than report);

"make available on the market" means any supply for distribution, consumption or use on the EU market in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

"manufacturer" means a person who-

(a) manufactures a pyrotechnic article, or has such an article designed or manufactured; and

(b) markets that pyrotechnic article under that person's name or trade mark;

"market surveillance authority" has the meaning set out in regulation 52 (designation of market surveillance authority);

"mini-rocket" means a firework which is designed so that, on functioning, it propels itself into the air and which comprises a body or motor which contains pyrotechnic composition and-

(a) the outside diameter of which, at the point where the diameter is greatest, is less than 12 millimetres; or

(b) if equipped with a stick for the purpose of stabilising its flight-

(i) where the firework is intended to be made available on the market singly, whose overall length (including the length of any such stick) is less than 900 millimetres or (not including the length of any such stick) is less than 195 millimetres; or

(ii) where the firework is intended to be supplied in a primary pack, whose overall length (including the length of any such stick) is less than 400 millimetres or (not including any such stick) is less than 125 millimetres; or

(iii) where the firework is intended to be supplied in a selection pack, whose overall length (including the length of any such stick) is less than 300 millimetres; or

(c) if not equipped with a stick for the purposes of stabilising its flight-

(i) whose overall length is less than 300 millimetres; and

(ii) is intended to be supplied singly or in a primary pack;

"national accreditation body" has the meaning set out in point 11 of Article 2 of RAMS (as amended from time to time);

"notified body requirements" means the requirements set out in Schedule 5 (notified body requirements);

"person with specialist knowledge" has the meaning set out in Schedule 4 (persons with specialist knowledge);

"place on the market" means the first making available on the EU market, and related expressions must be construed accordingly;

"primary pack" means a package of fireworks of the same type, all of which are either category F1 fireworks, category F2 fireworks or category F3 fireworks, which is intended to be offered for retail sale as a single unit;

"pyrotechnic article" has the meaning set out in regulation 3 (definition of "pyrotechnic article");

"pyrotechnic article for a vehicle" means a pyrotechnic article which is a component of a safety device in a vehicle and which is used to activate that device or another device;

"RAMS" means Regulation (EC) 765/2008of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93( 9);

"recall" means taking any measure aimed at achieving the return of a pyrotechnic article that has already been made available to the end-user and related expressions must be construed accordingly;

"registration number" means the number assigned to a pyrotechnic...

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