Legal act: 
Directive 2013/29/EU

Consolidated act:
29/06/2013 (Languages available: ES, CS, DA, DE, ET, EL, FR, HL, IT, LT, HU, NL, PL, RO, SL, FI)

Scope

This Directive shall apply to pyrotechnic articles defined as 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.

This Directive shall not apply to:

• pyrotechnic articles intended for non-commercial use, in accordance with national law, by the armed forces, the police or fire departments;
• equipment falling within the scope of Directive 96/98/EC;
• pyrotechnic articles intended for use in the aerospace industry;
• percussion caps intended specifically for toys falling within the scope of Directive 2009/48/EC;
• explosives falling within the scope of Directive 93/15/EEC;
• ammunition;
• 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

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.

Placing on the market means the first making available of a pyrotechnic article on the Union market.

Importer means any natural or legal person established within the Union who places a pyrotechnic article from a third country on the Union market.

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.

Withdrawal means any measure aimed at preventing a pyrotechnic article in the supply chain from being made available on the market.

Article 18 - 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 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.

Article 19 - 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.

Article 20 - Rules and conditions for affixing the CE marking and other markings

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.