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[F2Regulation 50] [F2Regulation 48]

SCHEDULE 6U.K.Operational obligations of [F1notified] [F1approved ]bodies

Textual Amendments

1.  [F3A notified body] [F3An approved body] must carry out conformity assessments in accordance with the relevant conformity assessment procedures.U.K.

Textual Amendments

2.  [F3A notified body] [F3An approved body] must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.U.K.

Textual Amendments

3.  [F3A notified body] [F3An approved body] must perform its 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.U.K.

Textual Amendments

4.  [F3A notified body] [F3An approved body] must respect the degree of rigour and the level of protection required to ensure that the pyrotechnic article is in conformity with the requirements of these Regulations.U.K.

Textual Amendments

5.  [F3An approved body] carrying out a conformity assessment must—

(a)assign a [F4UK] registration number in the form specified in [F5paragraph 5A], which identifies the pyrotechnic articles which have been subject to a conformity assessment and their manufacturers; and

(b)maintain a register with the [F4UK] registration number of the pyrotechnic articles in respect of which it has issued a certificate of conformity or granted an approval and keep entries made in the register for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

5.  A notified body carrying out a conformity assessment must—N.I.

(a)assign a registration number in the form specified in Article 1 of Commission Implementing Directive 2014/58/EU setting up a system for the traceability of pyrotechnic articles (as amended from time to time), which identifies the pyrotechnic articles which have been subject to a conformity assessment and their manufacturers; and

(b)maintain a register with the registration number of the pyrotechnic articles in respect of which it has issued a certificate of conformity or granted an approval and keep entries made in the register for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted.

Extent Information

E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F65A.—(1) Pyrotechnic articles must be labelled with a UK registration number comprising the following:E+W+S

(a)the four-digit identification number of the approved body that has issued a Type-examination certificate (Schedule 2A, Module B), certificate of conformity (Schedule 2A, Module G) or quality system approval (Schedule 2A, Module H), as applicable;

(b)the category of the pyrotechnic article for which conformity is certified in abbreviated format, in upper case—

(i)F1, F2, F3 or F4 for fireworks of category 1, 2, 3 and 4 respectively;

(ii)T1 or T2 for theatrical pyrotechnic articles of category T1 and T2 respectively; and

(iii)P1 or P2 for other pyrotechnic articles of category P1 and P2 respectively; and

(c)the processing number used by the approved body for the pyrotechnic article.

(2) The UK registration number must be structured as follows: ‘XXXX — YY — ZZZZ…’, where XXXX refers to sub-paragraph (1)(a), YY refers to sub-paragraph (1)(b) and ZZZZ… refers to sub-paragraph (1)(c).]

Textual Amendments

6.  [F7From IP completion day]—

(a)an entry made in the register referred to in paragraph 5(b) must contain at least the information set out in [F8paragraph 6A];

(b)the [F9approved] body must—

(i)keep the information referred to in sub-paragraph (a) in respect of a pyrotechnic article for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted; and

(ii)update the register referred to paragraph 5(b) and make it publicly available on the internet.

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

6.  After 16th October 2016—N.I.

(a)an entry made in the register referred to in paragraph 5(b) must contain at least the information set out in the Annex to Commission Implementing Directive 2014/58/EU (as amended from time to time);

(b)the notified body must—

(i)keep the information referred to in sub-paragraph (a) in respect of a pyrotechnic article for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted; and

(ii)update the register referred to paragraph 5(b) and make it publicly available on the internet.

Extent Information

E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

[F106A.—(1) Entries made in the register from IP completion day must contain at least the following information:E+W+S

(a)UK registration number;

(b)date of issue of Type-examination certificate (where the conformity assessment procedure set out in Part 1 of Schedule 2A (Module B) has been undertaken), certificate of conformity (where the conformity assessment procedure set out in Part 5 of Schedule 2A (Module G) has been undertaken) or quality system approval (where the conformity assessment procedure set out in Part 6 of Schedule 2A (Module H) has been undertaken) as applicable, and date of expiry where applicable;

(c)manufacturer;

(d)type of product (generic) and subtype, if applicable;

(e)where applicable, which conformity assessment procedure has been undertaken from those set out in Part 2 of Schedule 2A (Module C2), Part 3 of Schedule 2A (Module D) and Part 4 of Schedule 2A (Module E); and

(f)where applicable, the approved body that undertook the conformity assessment procedure described in sub-paragraph (e).

(2) Sub-paragraphs (1)(e) and (1)(f) apply where the register is maintained by an approved body carrying out the conformity assessment procedure set out in Part 1 of Schedule 2A (Module B), except where the relevant information is not known to that approved body.]

Textual Amendments

7.  Where [F3an approved body] finds that essential safety requirements or corresponding [F11designated] standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.E+W+S

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

7.  Where a notified body finds that essential safety requirements or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.N.I.

Extent Information

E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

8.  Where, in the course of the monitoring of conformity following the issue of a certificate or grant of an approval, [F3a notified body] [F3an approved body] finds that a pyrotechnic article is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval (if necessary).U.K.

Textual Amendments

9.  Where [F12the notified body] [F12the approved body] has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, [F12the notified body] [F12the approved body] must restrict, suspend or withdraw any certificate of conformity or approval.U.K.

Textual Amendments

10.  Paragraph 11 applies where [F3a notified body] [F3an approved body] is minded to—U.K.

(a)refuse to issue a certificate of conformity or grant an approval; or

(b)restrict, suspend or withdraw a certificate of conformity or approval.

Textual Amendments

11.  Where this paragraph applies, [F12the notified body] [F12the approved body] must—U.K.

(a)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, an opportunity to make representations within a reasonable period from the date of the notice; and

(c)take account of any such representations before taking its decision.

Textual Amendments

12.  [F3A notified body] [F3An approved body] must inform the Secretary of State of—U.K.

(a)any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval;

(b)any circumstances affecting the scope of, or conditions for, notification under regulation 44 (notification);

(c)any request for information which it has received from an enforcing authority regarding conformity assessment activities; and

(d)on request, conformity assessment activities performed within the scope of its notification under regulation 44 and any other activity performed, including cross-border activities and subcontracting.

Textual Amendments

13.  [F3A notified body] [F3An approved body] must make provision in its contracts with its clients enabling such clients to appeal against a decision—U.K.

(a)to refuse to issue a certificate of conformity or grant an approval; or

(b)to restrict, suspend or withdraw a certificate of conformity or approval.

Textual Amendments

14.  [F3An approved body] must provide other bodies [F13approved under these Regulations] carrying out similar conformity assessment activities covering the same pyrotechnic articles with relevant information on issues relating to negative and, on request, positive conformity assessment results.E+W+S

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

14.  A notified body must provide other bodies notified under the Directive carrying out similar conformity assessment activities covering the same pyrotechnic articles with relevant information on issues relating to negative and, on request, positive conformity assessment results.N.I.

Extent Information

E9This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

15.  [F3An approved body] must participate in the work of any [F14approved] body coordination group established F15..., directly or by means of its designated representatives.E+W+S

Extent Information

E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

15.  A notified body must participate in the work of any notified body coordination group established under the Directive, directly or by means of its designated representatives.N.I.

Extent Information

E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only