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In accordance with the decision of the Parliament:
The purpose of this law is to ensure conformity and free movement of pyrotechnic articles. The Law shall implement 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, hereinafter referred to as: Pyrotechnic directive , and Commission Implementing Directive 2014 /58/EU on the establishment of a system of traceability of pyrotechnic articles pursuant to Directive 2007 /23/EC of the European Parliament and of the Council.
This law applies to pyrotechnic articles.
However, this law shall not apply to:
(1) pyrotechnic articles intended for use by the armed forces, the border guards, the emergency services or the police;
(2) explosives subject to the law on explosives (263/1953) The provisions adopted pursuant to the verification of conformity of explosives;
(3) equipment for which the shipping equipment law applies; (19203/2011) ;
4) nalleys subject to the law on the safety of toys (13/04/2011) ;
(5) ammunition, means ammunition, drills and blanks used in portable firearms, other firearms and artillery weapons;
(6) Pyrotechnic articles intended for use in the aerospace industry.
The definition of pyrotechnic articles and ammunition referred to in paragraph 2 shall be established in accordance with the provisions on the harmonisation of provisions relating to the placing on the market and supervision of explosives for civil uses Commission Directive 2004 /57/EC on the determination of pyrotechnic articles and certain ammunition referred to in Council Directive 93 /15/EEC.
For the purposes of this law:
(1) Pyrotechnic article An object or instrument containing, as a result of chemical reactions, substances or mixtures producing heat, light, sound, gas, smoke or combinations thereof;
(2) Fireworks, Pyrotechnic articles intended for entertainment purposes;
(3) Pyrotechnic articles used in theaters Pyrotechnic articles intended for use in indoor or outdoor airways, including film and television production and similar uses;
(4) Pyrotechnic articles used in vehicles Components containing pyrotechnic articles in vehicle restraints used to activate such protective devices or other devices;
(5) Making available on the market The supply of a pyrotechnic article to the Union market for distribution, consumption or use on the Union market, whether in return for payment or free of charge;
(6) Placing on the market Making the pyrotechnic article available for the first time on the Union market;
(7) Manufacturer A natural or legal person who manufactures or manufactures a pyrotechnic article and markets the pyrotechnic article in question under his name or trademark;
(8) Importer Any natural or legal person established in the Union who places a pyrotechnic article imported from a third country on the Union market;
(9) Distributor Any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes the pyrotechnic article available on the market;
(10) Operator Manufacturers, importers and distributors;
(11) Technical documentation The documentation produced by the manufacturer for the characteristics of the pyrotechnic article to demonstrate the conformity of the product;
(12) Technical specification A document setting out the technical requirements to be met by the pyrotechnic article;
(13) Harmonised standard A European standard established on the basis of a request made by the European Commission for the application of Union harmonisation legislation;
(14) Accreditation, A certificate issued by a national accreditation body that the conformity assessment body complies with the requirements of a specific conformity assessment, harmonised standards and, where appropriate, other requirements; , including those laid down in the relevant sectoral programmes;
(15) National accreditation body The sole body of a Member State carrying out the accreditation by virtue of its public authority;
16) Conformity assessment The process of ascertaining whether the essential safety requirements of the pyrotechnic article are satisfied;
(17) Conformity assessment body A body carrying out calibration, testing, certification and inspection as well as other conformity assessment activities;
(18) The notified body A body designated by the Member State of the European Union and notified to the Commission, which has the right to carry out conformity assessments;
19) Recall procedure Any measure aimed at bringing back pyrotechnic articles already made available to end-users;
20) Withdrawal from the market Any measure aimed at preventing the making available on the market of a pyrotechnic article in the supply chain;
21) Ce marking The marking by which the manufacturer demonstrates compliance with the applicable requirements of the Union harmonisation legislation on the affixing of a pyrotechnic article;
22) Union harmonisation legislation Any Union legislation harmonising the conditions for the marketing of products.
The minimum standards for the accreditation of conformity assessment bodies, the control of market surveillance and the external border control of products imported from a third country and the ce marking of products shall be laid down in order to ensure the marketing of products And Regulation (EC) No 765/2008 of the European Parliament and of the Council on requirements for accreditation and market surveillance and repealing Council Regulation (EEC) No 339/93, hereinafter referred to as: NLF Regulation .
Restrictions on the safe manufacture and storage of pyrotechnic articles and their authorisation, use and disposal of pyrotechnic articles are laid down in the law on the safety of dangerous chemicals and explosives (390/2005) .
The classification, labelling and safety data sheet of chemicals and explosive articles shall be laid down in the eu chemicals legislation and the language requirements for these chemicals (999/2013) .
The hazard classification of dangerous goods is laid down in the law on the transport of dangerous goods (19/1994) .
Infringement of the use of the ce marking of products is governed by the law on the CE marking (187/2010) .
The pyrotechnic article shall comply with the essential safety requirements laid down in this law in order to place the product on the market.
The pyrotechnic article which shall be placed on the market shall be designed and manufactured in such a way as to minimise the risk to human health, safety, the environment and property as far as possible in normal and foreseeable Under conditions of use.
The pyrotechnic article must be suitable for its purpose and must operate correctly when used for the intended purpose. The pyrotechnic article must be prepared and designed so that it can be disposed of safely. Inadvertent ignition of the pyrotechnic article should be as unlikely as reasonably achievable, taking into account the intended use of the product.
The pyrotechnic article must be properly packaged and must be labelled accordingly. The product must be accompanied by instructions and information on safe storage and use.
The decree of the Council of State lays down the essential safety requirements for the pyrotechnic article.
A pyrotechnic article is considered to comply with the essential safety requirements if it complies with the relevant harmonised standard.
The pyrotechnic article may meet the essential safety requirements, even if it is not in conformity with the harmonised standard if its conformity can be demonstrated reliably.
The manufacturer shall classify the pyrotechnic article in accordance with its use or its intended use and hazard and noise level. The notified bodies referred to in Article 18 shall establish classification as part of the conformity assessment procedures under Article 27. The pyrotechnic article is classified according to its characteristics in fireworks, theatrical pyrotechnic articles and other pyrotechnic articles.
The decree of the Council of State provides for a more detailed classification of the pyrotechnic article.
Before placing the pyrotechnic article on the market, the manufacturer shall ensure and be able to demonstrate that the pyrotechnic article is designed and prepared in accordance with the requirements laid down in this Act.
The manufacturer shall carry out the conformity assessment of the pyrotechnic article by using the conformity assessment procedures chosen by the manufacturer. The conformity assessment shall use the notified body.
The manufacturer shall establish technical documentation to demonstrate the conformity of the product. The manufacturer shall draw up an EU declaration of conformity and affix the ce marking in accordance with Article 11, where conformity of the pyrotechnic article with the applicable requirements has been demonstrated.
The manufacturer shall keep the technical documentation and the EU declaration of conformity for 10 years after the pyrotechnic article has been placed on the market.
The decree of the Council of State lays down more precisely the conformity assessment procedures, technical documentation and the EU declaration of conformity.
The manufacturer shall ensure that the pyrotechnic article produced in the series production complies with the requirements. The manufacturer shall take into account the changes in the design or characteristics of the pyrotechnic article and changes in the harmonised standards or any other technical specification according to which the pyrotechnic article must meet the requirements.
The manufacturer shall indicate the pyrotechnic article by the registration number to be issued by the notified body referred to in Article 18. The product numbering shall be subject to a uniform system established by the European Commission.
Manufacturers and importers shall keep records of the registration numbers of the pyrotechnic articles they have made available on the market. The data shall be kept for at least 10 years after the product has been placed on the market. The information shall be kept available to the Authority.
The decree of the Council of State provides for more detailed information on the European Commission's registration system and the information to be kept.
Article 10 enters into force on 17 October 2016.
The manufacturer shall affix the ce marking to the pyrotechnic article meeting the requirements of this law before placing the product on the market. The marking shall be affixed visibly, legibly and indelibly. If the notified body is involved in the production control stage, the identification number of the notified body shall be entered after the CE marking. The identification number of the notified body shall be affioned by the institution itself or in accordance with its instructions, by the manufacturer. The ce marking and the identification number of the notified body may be accompanied by other information relating to the specific danger or use of the product. Where the ce marking is not possible or justified to be affixed to the product, it shall be affixed to the packaging and to the accompanying documents.
The general principles governing the ce marking are laid down in Article 30 of the nld.
The manufacturer shall ensure that the pyrotechnic article placed on the market has the markings required by this law and accompanied by instructions and safety information.
The manufacturer shall indicate his name, registered trade name or registered trade mark and postal address. The information shall be in the pyrotechnic article or, if not possible, on the packaging of the pyrotechnic article or in a document accompanying the product. The address shall indicate a single contact point through which the manufacturer can be contacted.
The labelling, safety information and instructions of the pyrotechnic article and the documents accompanying the product must be in Finnish and Swedish.
The decree of the Council of State lays down more precisely the requirements for the labelling of the pyrotechnic article and the exceptions thereto.
Importers shall place only compliant pyrotechnic articles on the market.
Before placing a pyrotechnic article on the market, the importer shall ensure that:
(1) the manufacturer has carried out the conformity assessment referred to in Article 8;
(2) the manufacturer has drawn up the technical documentation;
3) the pyrotechnic article is affixed to the ce marking;
(4) the product is accompanied by the required documents;
(5) the product has the required labelling and information;
6) the product is accompanied by instructions and safety information in Finnish and Swedish.
If the importer has reason to suspect that the pyrotechnic article does not comply with the essential safety requirements, the importer shall not place the pyrotechnic article on the market until it complies with those requirements. Where a pyrotechnic article presents a risk, the importer shall inform the manufacturer and the control authority thereof.
The importer shall ensure that during the period during which the pyrotechnic article is its responsibility, the conditions of storage or transport of the pyrotechnic article do not jeopardise its conformity.
Importers shall indicate their name, registered trade name or registered trade mark and postal address where the importer reaches the importer. The information shall be in the pyrotechnic article or, if not possible, on the packaging of the pyrotechnic article or in a document accompanying the product. The contact information shall be provided in Finnish and Swedish.
The importer shall keep a copy of the EU declaration of conformity available to the Authority for a period of 10 years after the pyrotechnic article has been placed on the market and ensure that the technical documentation is available to the authorities.
Before making a pyrotechnic article available on the market, the distributor shall verify that the product has the required marking and information and the product is accompanied by the required documents and instructions and safety information in Finnish and Swedish.
The distributor shall ensure that during the time when the pyrotechnic article is under its responsibility, the conditions of storage or transport of the product do not jeopardise its conformity.
Where a distributor has reason to suspect that the pyrotechnic article does not comply with the essential safety requirements, the distributor may not make the pyrotechnic article available on the market until the product complies with the requirements of this law. Where a product presents a risk, the distributor shall inform the manufacturer or importer and the supervisory authority thereof.
The importer and the distributor shall have the same obligations as the manufacturer if they place the pyrotechnic article on the market under their own name or trademark or modify the product already placed on the market in a manner which may affect the Compliance with the requirements.
If the manufacturer or importer has reason to suspect that the pyrotechnic article which it has placed on the market does not comply with the requirements of this Act, the manufacturer or importer shall immediately take steps to make the pyrotechnic article Comply with the requirements, to withdraw it from the market or to recall it. Where appropriate, the distributor must also take such measures.
The operator shall immediately inform the Authority and provide details of the non-conformity and of any measures taken.
At the request of the Authority, the manufacturer and the importer shall, at the request of the Authority, carry out samples-based tests on pyrotechnic articles made available on the market. Products and investigated complaints, non-compliant pyrotechnic articles and pyrotechnic articles, and, where appropriate, keep records of them and inform distributors of any such monitoring.
The operator may place the pyrotechnic article on display or use the product for marketing purposes, although its conformity has not been established in accordance with Article 8. In such cases, the product shall bear a visible marking indicating the name and date of the mass, presentation or exhibition. In addition, the labelling of the product must clearly show that the product does not comply with the requirements and is not for sale until it complies with the requirements of the manufacturer or importer.
A pyrotechnic article manufactured for research, development or testing does not need to comply with this law. In this case, the product shall bear a visible marking indicating clearly that the product is not available for purposes other than development, testing or research.
The Authority may provide the necessary provisions to ensure the safety of the events referred to in paragraph 1.
The Ministry of Employment and the Economy shall approve and inform the European Commission of notified bodies. The Ministry shall also inform the European Commission of any significant changes in the reported data.
An application shall be submitted to the Ministry of Employment and the Economy with a request for compliance with the requirements to be met by the assessment body. The conformity assessment body may demonstrate that it meets the requirements for accreditation by an accreditation body complying with the requirements of the NLF Regulation in which Finland acts as a safety and chemical agency The accreditation unit (FINAS accreditation service).
The approval decision shall specify the area of competence of the notified body, lay down the arrangements for the control of the institution and, where appropriate, lay down requirements, restrictions and conditions relating to the operation of the institution to ensure that: Appropriate performance. The decision may be adopted for a limited period.
The conformity assessment body, approved by the State of the European Economic Area and notified to the European Commission, shall be responsible for the notified body.
The application for approval and notification and its content are laid down in more detail by a decree of the Government.
The notified body shall meet the following requirements:
(1) the institution shall be a legal person registered in Finland;
(2) the institution shall be an independent external expert independent of the organisation and the pyrotechnic article;
(3) the institution, its senior management and the staff responsible for the assessment of the requirements shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or operator of the pyrotechnic articles or exploding materials assessed; The authorised representative of any of the parties concerned, except for the use of pyrotechnic articles or explosive substances which are necessary for the activities of the conformity assessment body, or pyrotechnic articles The use of products for personal purposes;
(4) the institution and its staff shall have the technical competence required in the specific field concerned;
(5) the institution shall be capable of carrying out all the conformity assessment tasks assigned to and for which it has been designated, irrespective of whether the institution carries out the tasks in question or whether it is carried out; And its responsibility.
The notified body shall, in all cases and for each type or category of pyrotechnic articles for which it has been notified, have at its disposal:
(1) adequate staff with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;
(2) descriptions of the procedures under which conformity assessment is carried out in such a way as to ensure transparency and repeatability of the procedure;
(3) appropriate policies and procedures to distinguish the conformity assessment tasks carried out as a notified body from other activities of the institution;
(4) the procedures under which it carries out its tasks in such a way that the size, scope and structure of undertakings, the complexity of the technology used for pyrotechnic articles, and whether it is a mass or serial production, is duly taken into account.
The notified body shall have the necessary conditions for carrying out the technical and administrative tasks necessary for the proper performance of the evaluation tasks and shall have access to all necessary equipment And equipment.
The personnel of the notified body shall have:
(1) sound technical and vocational training covering conformity assessment in the sector to which the notified body is notified;
(2) adequate information on the assessment requirements and adequate powers for such assessments;
(3) appropriate knowledge and understanding of the essential requirements, the applicable harmonised standards and relevant provisions of the relevant European Union legislation and the implementing rules;
(4) the ability to draw up certificates, documents and reports demonstrating that the evaluations have been carried out.
The notified body, its senior management and assessment personnel shall be impartial. The remuneration of the senior management and evaluation staff of the notified body shall not depend on the number of assessments carried out or on the results.
The notified body shall have liability insurance.
Notwithstanding the confidentiality of the information, the notified body shall provide information on the activities of the institution to the Ministry of Employment and the Economy and to the Safety and Chemicals Agency.
The notified body shall participate in the relevant standardisation activities and the work of the notified body for the coordination of notified bodies established under Union harmonisation legislation. If this is not possible, the institution shall ensure that its assessment personnel are informed of the standardisation and the work of the Coordination Group.
Where the notified body demonstrates that it is in accordance with the conditions laid down in the relevant harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, it shall be presumed to comply with this law. The requirements laid down in the notified body, where the applicable standards cover those requirements.
Where a notified body subcontracts certain tasks related to conformity assessment or uses a subsidiary, it shall ensure that the subcontractor or the subsidiary complies with the requirements laid down in Articles 19 to 24, and And the Ministry of Industry.
The notified body shall be responsible for the tasks performed by the subcontractor or the subsidiary, irrespective of their location.
The notified body may subcontract or subcontract tasks only if it has been agreed with the client.
The notified body shall keep available to the Ministry of Employment and the Economy the documents relating to the assessment of the competence of the subcontractor or subsidiary and the conformity assessment tasks.
The notified body shall assess the conformity of the pyrotechnic article in accordance with conformity assessment procedures.
The conformity assessment shall be carried out in a proportionate manner and avoid any unnecessary burden on operators. The notified body shall take into account the size of the undertaking concerned, the sector, structure, the complexity of the technology used in products, and whether it is mass or serial production. The conformity assessment shall be carried out with due care to ensure that the pyrotechnic article complies with the requirements of this law.
In carrying out public administrative tasks within the meaning of this Law, the notified body or its subsidiary or subcontractor shall comply with the law of the authorities (18/09/1999) , by law in the field of electronic business (2003) , administrative law (2003) And languages (2003) Provides. In addition, the staff of the notified body or its subsidiary or subcontractor are subject to the provisions of criminal law in the performance of the tasks referred to in this Article.
The decree of the Council of State lays down more precisely the tasks of the notified body in assessing conformity.
The notified body shall issue a EU-type examination certificate or certificate of conformity to the manufacturer if the pyrotechnic article meets the requirements of this law.
The notified body shall keep copies of the certificates and their additions referred to in paragraph 1 and the technical documentation, including the documentation provided by the manufacturer, until the expiry of that certificate.
The decree of the Council of State provides for more details of the EU-type examination certificate, the certificate of conformity and their content.
If the notified body finds that the pyrotechnic article does not meet the relevant safety requirements, it shall require the manufacturer to correct the deficiency and shall not provide the manufacturer with a certificate of compliance.
If, after issuing the certificate, the notified body considers that the pyrotechnic article no longer complies with the requirements, it shall require the manufacturer to correct the deficiency and, if necessary, withdraw the certificate temporarily or permanently.
Where the deficiency is not remedied or the measures do not have the required impact, the notified body shall, where appropriate, withdraw or grant a temporary withdrawal of the certificate.
The notified body shall keep a register of the pyrotechnic articles to which it has issued an EU-type examination certificate or certificate of conformity.
Data contained in the register shall be kept for 10 years. The register shall be kept up to date and published on the internet.
Where the approval of a conformity assessment body is withdrawn, it shall transfer the register to another notified body or to the competent authority.
The decree of the Council of State provides for more detailed registration.
The notified body shall inform the Ministry of Employment and the Economy of the following:
(1) refusal or restriction or suspension or withdrawal of the certificate referred to in Article 28;
(2) amendments affecting the competence of the notified body in relation to conformity assessment activities;
(3) the requests for information on conformity assessment activities that the institution has received from the supervisory authority responsible for monitoring compliance with this law;
(4) upon request, conformity assessment activities carried out in the field of activity of the notified body and any other activities carried out, including cross-border activities and subcontracting.
The notified body shall provide the other notified bodies carrying out similar conformity assessment activities and covering the same pyrotechnic articles, relevant information on the negative conformity assessment On the results and, at the request, positive results.
Where the notified body no longer fulfils the conditions laid down in Articles 19 to 24 or does not comply with the conditions laid down in the decision referred to in Article 18 or does not comply with the conditions laid down in the decision referred to in Article 18, the Ministry of Employment and the Economy shall be obliged to: A sufficient period for the institution to remedy the situation. The Ministry of Employment and the Economy shall withdraw its approval if the notified body has not remedied the irregularities within the given time limit.
Control of compliance with the provisions of this law is the responsibility of the Ministry of Employment and the Economy. In addition, the Ministry of Employment and the Economy monitors the notified bodies.
The Security and Chemicals Agency shall monitor compliance with this law.
Customs controls the importation of a pyrotechnic article from outside the European Union. In addition, Customs may control the distribution of the pyrotechnic article in connection with the supply of pyrotechnic articles to Finland in connection with the unloading and storage of the consignment of goods originating in the Member States of the European Union in Finland.
Notwithstanding the confidentiality provisions, the Authority shall have the right to have access to the information necessary for the enforcement of this law by the operator who is subject to the obligations of this Act and the provisions adopted pursuant to it.
Upon request, the operator shall submit to the Authority the information and documents necessary for the enforcement and enforcement of this law, in Finnish or Swedish or in another language approved by the Authority, and Shall cooperate with the Authority to ensure the conformity of pyrotechnic articles.
At the request of the operator, the operator shall present to the supervisory authorities the identity of:
(1) all operators who have supplied it with a pyrotechnic article;
(2) of all operators to whom it has supplied a pyrotechnic article.
The operator shall be able to submit the information referred to in paragraph 2 for a period of 10 years after the pyrotechnic article has been submitted to it, and for 10 years after it has delivered the pyrotechnic article.
The Authority shall have the right to carry out checks necessary to monitor compliance with this law. The checks are carried out in accordance with Article 39 of the Administrative Code.
The control measures may be extended to premises used for a permanent residence only if an inspection is necessary in order to establish the facts of the investigation and there is reason to suspect that the criminal code (39/1889) in Chapter 44, Section 11 Intended crime.
The Authority shall have the right to take samples for examination if it is necessary for the enforcement of this law.
The sample referred to in paragraph 1 shall be replaced by the operator at the request of the operator, unless it is established that the sample is contrary to this law.
Where a sample does not meet the requirements laid down in this Act, the Authority may require the operator to reimburse the costs incurred in the purchase, testing and investigation of the sample. The compensation is directly enforceable. Its recovery is governed by the Law on the implementation of taxes and charges (20/2007) .
The sampling of samples shall be subject to the provisions of Article 37 for the extension of control measures to the premises used for a permanent residence.
The Authority shall be entitled, notwithstanding the provisions of confidentiality and other access restrictions, to obtain the information necessary for the purpose of the investigation or supervision from another authority and to use the other samples for monitoring purposes. Necessary investigations.
Without prejudice to the confidentiality rules, the Authority may disclose information received under the supervision of a private or Community financial position, business or professional secret or private personal circumstances:
(1) the prosecution for the purposes of prosecution and the investigating authority for the purpose of preventing or clarifying the offence;
(2) Customs and the Civil Protection Authority, the Environmental Protection and Consumer Protection Authority, where disclosure of information is necessary for the performance of the Authority's tasks;
(3) the competent foreign authority and the international institution with a view to implementing an obligation under an international agreement between the European Union and Finland.
The Authority shall have the right to use external experts in the investigation, testing and evaluation of the pyrotechnic article. Outside experts shall be able to take part in inspections under this Act and to examine and test the pyrotechnic articles as a result of the supervisory authority or the office designated by it.
An external expert shall have the necessary expertise and competence.
An external expert shall be subject to the provisions relating to criminal liability when performing the tasks referred to in this Article. Liability for damages is governed by the law on damages (1999) .
An external expert cannot be allowed to extend control measures to premises used for a permanent residence.
The police are obliged to provide assistance in order to enforce and enforce compliance with this law and the provisions and regulations adopted pursuant to it. Police assistance shall be provided by the police (872/2011) .
Where the pyrotechnic article or the documents and particulars relating to the product are not in conformity with the requirements of this Act or are not provided to the supervisory authority or the pyrotechnic article, under normal and foreseeable conditions of use, Endanger persons' safety or pose a risk to the environment or property, the Authority may:
(1) order the operator to take remedial action in order to bring the product, product or documents and particulars of the product placed on the market in order to comply with the requirements of this law;
(2) prohibit the operator from being permanently manufactured, placed on the market, made available on the market or otherwise dispose of the product, provided that the product or its information shows material deficiencies and the removal of the product Market;
(3) order the operator to recover from the end-user a product which presents a serious risk to human health or safety or to the environment and to supply it with a corresponding compliant product or a similar product; Which is not dangerous, or to dismantle trade if the order referred to in paragraph 1 or the prohibition or order referred to in paragraph 2 is not sufficient;
(4) order where the measures referred to in paragraphs 1 to 3 cannot be considered adequate, for the destruction of a pyrotechnic article held by the operator or of a pyrotechnic article returned to the operator or, if this is not considered Appropriate, determine how the pyrotechnic article should otherwise be followed.
The operator shall provide the Authority with a statement of the manner in which the order or prohibition referred to in paragraphs 1 to 4 has been implemented within a reasonable period of time.
The Authority shall inform the notified body concerned of the measures taken against the operator against the non-compliant product.
The Authority may order the prohibition referred to in Article 42 (1) (2) for a temporary period of clarification where there is reason to suspect that the pyrotechnic article may be non-compliant or that the product may be in normal and foreseeable conditions. Under the conditions of use, endanger the safety or health of humans or pose a risk to the environment and property.
The temporary prohibition shall remain in force pending the final decision pursuant to Article 42 (1) (2). The Authority must act urgently.
Where the Security and Chemicals Agency has issued a provision or prohibition, or a pyrotechnic article, or a pyrotechnic article or its use, there is a risk to human health or public safety, the Safety and Chemicals Agency may: Obliges the operator to inform in a timely manner and in a manner prescribed by the operator. In addition, in order to ensure the safety of users, the Agency may require the operator to provide the end-users with the necessary information and instructions.
The Safety and Chemicals Agency may, at the expense of the operator, inform the operator of the matters referred to in paragraph 1 where the operator has failed to comply with the information order issued by the Authority or, in case of urgency, Information is necessary in view of the danger to human health or public safety.
The Authority may intensify its prohibition or provision in accordance with this law by periodic penalty payments or at the risk of a non-compliance being carried out at the expense of the non-compliance officer.
The penalty for the charge of explosives is laid down Article 11 of Chapter 44 of the Penal Code .
A breach of the obligations laid down in Article 5 of this Act, the obligations of the importer as laid down in Article 13, the obligations of the distributor provided for in Article 14, or the obligations of the distributor provided for in Article 14, or Articles 42 to 44, Shall be condemned, unless the law provides for a more severe penalty in the rest of the law, For infringement of the provisions on pyrotechnic articles Fine.
An appeal against a decision by the authority under this law shall be sought in the form of a law on administrative law (18/06/1996) Provides.
Notwithstanding the provisions of paragraph 1, the temporary prohibition referred to in Article 43 shall not be subject to an appeal by the Authority.
In spite of the appeal, the Authority's decision shall be complied with, unless the Authority decides otherwise.
The decision on the certificate of conformity of the notified body shall be required to be corrected by the issuing body as provided for in the Administrative Act. The decision shall be accompanied by a statement of objections.
The decision to bring the notified body to a decision shall be appealed against by the administrative court as provided for in the administrative law.
This Act shall enter into force on 1 July 2015. However, Article 10 will not enter into force until 17 October 2016.
Pyrotechnic articles placed on the market before the entry into force of this Act, the conformity of which has been verified in accordance with the provisions in force at the date of entry into force of this Act, may be on the market upon entry into force of this Act. Certificates of conformity to these products shall remain valid.
THEY 319/2014 , TaVM 27/2014, V 269/2014, Directive 2013 /29/EU of the European Parliament and of the Council (32013L0029); OJ L 178, 28.6.2013, p. 27.
