CHAPTER 3

CONFORMITY OF THE PYROTECHNIC ARTICLE

Presumption of conformity of pyrotechnic articles
Article 16
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 set out in Annex I covered by those standards or parts thereof.

Conformity assessment procedures
Article 17
For the assessment of conformity of pyrotechnic articles the manufacturer shall follow one of the following procedures referred to in Annex II:
1. EU-type examination (Module B), and, at the choice of the manufacturer, one of the following procedures:
  1. conformity to type based on internal production control plus supervised product checks at random intervals (Module C2);
  2. conformity to type based on quality assurance of the production process (Module D);
  3. conformity to type based on product quality assurance (Module E);
2. conformity based on unit verification (Module G);
3. conformity based on full quality assurance (Module H), insofar as it concerns fireworks of category F4.

EU declaration of conformity
Article 18
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 have the model structure set out in Annex III, shall contain the elements specified in the relevant modules set out in Annex II and shall be continuously updated. It shall be translated into the language or languages required by the Member State in which the pyrotechnic article is placed or made available on the market.
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 Union acts concerned including their publication references.
4
By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the pyrotechnic article with the requirements laid down in this Directive.

General principles of the CE marking
Article 19
The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

Rules and conditions for affixing the CE marking and other markings
Article 20
1
The CE marking shall be affixed visibly, legibly and indelibly to the pyrotechnic articles. Where that is not possible or not warranted on account of the nature of the pyrotechnic article, it shall be affixed to the packaging and to the accompanying documents.
2
The CE marking shall be affixed before the pyrotechnic article is placed on the market.
3
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.
4
The CE marking and, where applicable, the identification number of the notified body may be followed by any other mark indicating a special risk or use.
5
Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.