CHAPTER 1

GENERAL PROVISIONS

Subject matter
Article 1
1
This Directive establishes rules designed to achieve the free movement of pyrotechnic articles in the internal market while ensuring a high level of protection of human health and public security and the protection and safety of consumers and taking into account the relevant aspects related to environmental protection.
2
This Directive establishes the essential safety requirements which pyrotechnic articles are to fulfil with a view to their being made available on the market. Those requirements are set out in Annex I.

Scope
Article 2
1
This Directive shall apply to pyrotechnic articles.
2
This Directive shall not apply to:
a
pyrotechnic articles intended for non-commercial use, in accordance with national law, by the armed forces, the police or fire departments;
b
equipment falling within the scope of Directive 96/98/EC;
c
pyrotechnic articles intended for use in the aerospace industry;
d
percussion caps intended specifically for toys falling within the scope of Directive 2009/48/EC;
e
explosives falling within the scope of Directive 93/15/EEC;
f
ammunition;
g
fireworks which are built by a manufacturer for his own use and approved for use exclusively on its territory by the Member State in which the manufacturer is established, and which remain on the territory of that Member State.

Definitions
Article 3
For the purposes of this Directive, the following definitions shall apply:
1. ‘pyrotechnic 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;
2. ‘firework’ means a pyrotechnic article intended for entertainment purposes;
3. ‘theatrical pyrotechnic articles’ means pyrotechnic articles designed for indoor or outdoor stage use, including film and television productions or similar use;
4. ‘pyrotechnic articles for vehicles’ means components of safety devices in vehicles which contain pyrotechnic substances used to activate these or other devices;
5. ‘ammunition’ means projectiles and propelling charges and blank ammunition used in portable firearms, other guns and artillery;
6. ‘person with specialist knowledge’ means a person authorised by a Member State to handle and/or use on its territory category F4 fireworks, category T2 theatrical pyrotechnic articles and/or category P2 other pyrotechnic articles;
7. ‘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;
8. ‘placing on the market’ means the first making available of a pyrotechnic article on the Union market;
9. ‘manufacturer’ means a natural or legal person who manufactures a pyrotechnic article, or has such an article designed or manufactured, and markets that pyrotechnic article under his name or trademark;
10. ‘importer’ means any natural or legal person established within the Union who places a pyrotechnic article from a third country on the Union market;
11. ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a pyrotechnic article available on the market;
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;
14. ‘harmonised standard’ means harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012;
15. ‘accreditation’ means accreditation as defined in point 10 of Article 2 of Regulation (EC) No 765/2008;
16. ‘national accreditation body’ means national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008;
17. ‘conformity assessment’ means the process demonstrating whether the essential safety requirements of this Directive 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. ‘Union harmonisation legislation’ means any Union legislation harmonising the conditions for the marketing of products;
22. ‘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.

Free movement
Article 4
1
Member States shall not prohibit, restrict or hinder the making available on the market of pyrotechnic articles which satisfy the requirements of this Directive.
2
This 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 F2 and F3 fireworks, theatrical pyrotechnic articles and other pyrotechnic articles, which are justified on grounds of public order, security, health and 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 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 pyrotechnic articles until brought into conformity. 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 this Directive, provided that a visible sign clearly indicates their non-conformity and non-availability for purposes other than research, development and testing.

Making available on the market
Article 5
Member States shall take all appropriate measures to ensure that pyrotechnic articles may be made available on the market only if they satisfy the requirements of this Directive.

Categories of pyrotechnic articles
Article 6
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 21 shall confirm the categorisation as part of the conformity assessment procedures referred to in Article 17.
Categorisation shall be as follows:
a
Fireworks:
1. category F1: 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;
2. category F2: fireworks which present a low hazard and low noise level and which are intended for outdoor use in confined areas;
3. category F3: 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;
4. category F4: 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:
1. category T1: pyrotechnic articles for stage use which present a low hazard;
2. category T2: pyrotechnic articles for stage use which are intended for use only by persons with specialist knowledge.
c
Other pyrotechnic articles:
1. category P1: pyrotechnic articles, other than fireworks and theatrical pyrotechnic articles, which present a low hazard;
2. category 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.

Age limits and other limitations
Article 7
1
Pyrotechnic articles shall not be made available on the market to persons below the following age limits:
a
fireworks:
1. category F1: 12 years;
2. category F2: 16 years;
3. category F3: 18 years;
b
theatrical pyrotechnic articles of category T1 and other pyrotechnic articles of category P1: 18 years.
2
Member States may increase the age limits set out in paragraph 1 where justified on grounds of public order, security or health and safety. Member States may also lower the age limits for persons vocationally trained or undergoing such training.
3
Manufacturers, importers and distributors shall not make available on the market the following pyrotechnic articles except to persons with specialist knowledge:
a
fireworks of category F4;
b
theatrical pyrotechnic articles of category T2 and other pyrotechnic articles of category P2.
4
Other pyrotechnic articles of category P1 for vehicles, including airbag and seat belt pre-tensioner systems, shall not be made available to members of the general public unless those pyrotechnic articles for vehicles have been incorporated in a vehicle or a detachable vehicle part.