Key Benefits:
Decision of 22 January 2002, laying down new rules relating to consumer and professional fireworks (Fireworks Decision)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister for Housing, Spatial Planning and the Environment of 20 September 2001, No MJZ2001102504, Central Executive Board of Legal Affairs, Department of Legislation, done in accordance with Our Minister for Transport and Water, the Minister for Health, Welfare and Sport, the Secretary of State for Internal Affairs and Kingdoms relations and the Secretary of State for Social Affairs and Employment, J. F. Hoogervorst,
Having regard to the Articles 24 , 32, second and fourth members , and Article 39, third paragraph, of the Environmental Hazardous Substances Act , Article 3 of the Transport Dangerous Substances Act , Article 2c, third member, of the disasters and major accidents Act and the Articles 16 and 20 of the Working Conditions Act 1998 , Article 74c of the Code of Criminal Law , Article 18, third paragraph, of the Law of Police registries , Article 9, fifth paragraph, point (b) of the Weapons and Ammunition Act,
as far as it is concerned Article 5.1.3 , having regard to the Article 8.2, second paragraph , 8.5 and 8.7 of the Environmental Protection Act ,
as far as the Articles 1.1.4 , 1.2.2, first paragraph, point (b) , 1.4.3 , 2.1.2 , 2.2.1 , 2.2.3 , 2.2.4 and 5.1.9 to 5.1.14 , having regard to the Articles 8.19 , 8.40 and 8.41 of the Environmental Protection Act ,
as far as the Articles 1.1.4 , 1.2.2, first paragraph, point (b) and (second) paragraph, point (b) , 1.4.3 , 2.1.2 , 2.2.2 , 2.2.3 , 3.2.1 , 3.2.2 and 3.2.3 , having regard to Article 8.44 of the Environmental Management Act ,
as far as the Articles 4.1 to 4.4 , having regard to the Articles 5.1 and 5.3 of the Environmental Protection Act , and
as far as it is concerned Article 5.1.6 , having regard to Article 18.4 of the Environmental Management Act ;
The Council of State heard (opinion of 13 December 2001, No W08.01.0495/V);
Having regard to the detailed report by Our Minister for Housing, Regional Planning and the Environment of 21 January 2002, No MJZ2002005975, Central Executive Board of Legal Affairs, Department of Legislation, delivered in accordance with Our Minister for Transport and Water, the Minister for Health, Welfare and Sport, the Secretary of State for Internal Affairs and Kingdoms relations, and the Secretary of State for Social Affairs and Employment, J. F. Hoogervorst,
Have found good and understand:
1 In this Decision and the provisions based thereon, the following definitions shall apply:
Our Minister: Our Minister of Infrastructure and the Environment;
ADR: The European Convention on the International Carriage of Dangerous Goods by Road (Trb, adopted in Geneva on 30 September 1957). 1959, 171);
Annex: Annex to this Decision;
business: in the exercise of an occupation or business, or for remuneration;
Restricted Vulnerability object:
a.
1 °. house, residential or trailer of a third party, located at a location with a density of up to two dwellings, houseships or residential cars per hectare; or
2 °. a third party service or residence;
b. office building, not being a vulnerable object;
c. hotel or restaurant, not being a vulnerable object;
d. store, not being a vulnerable object;
e. sports hall, sports grounds, swimming pool or playground;
f. campsite or other site, other than a vulnerable object, intended for recreational purposes;
g. corporate building, not being a vulnerable object;
h. object which may be assimilated to any of the categories referred to in points (a) to (g) and (g), by means of the average time per day during which persons are residing there, the number of persons normally residing in it. present and the possibilities for self-reliance in the event of an accident;
i. High infrastructural value, such as a telephone or power station or a building with a flight management equipment, which, by reason of the nature of the hazardous substances that can be released in the event of an accident, is to be protected against the effects of that accident;
'destination boundary' means border of the parcel on which the construction, establishment or placement of a restricted or vulnerable object, under the zoning plan applicable to the territory concerned, or the applicable management regulation has been applied or permissible;
competent authority: governing body responsible for, or would be, an environmental permit for an establishment, where consumer fireworks, professional fireworks or theatrical pyrotechnic articles are stored or edited for theatrical use;
construction voucher: part of the parcel which is intended to be used for the construction of a restricted or vulnerable object under the zoning plan applicable to the area in question or the current management regulation;
Category F1, F2, F3 and F4: category F1, F2, F3 below, F4 as intended Article 1A.1.3 ;
Category T1 and T2: category T1 T2 as referred to in Article 1A.1.3 ;
'CE Marking' shall mean CE marking as referred to in Articles 19 and 20 of the EU Directive on pyrotechnic articles;
Consumer fireworks: fireworks which are categorised in category F1, F2 or F3 which are designated by or under this Decision as fireworks which may be made available for private use;
distributor: natural or legal person in the supply chain, other than the manufacturer or the importer, who offers fireworks or pyrotechnic articles for theatrical use on the market;
EU directive on pyrotechnic articles: Directive No 2013 /29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast) (PbEU L 178);
manufacturer: natural or legal person producing or producing fireworks or a theatrical pyrotechnic article for theatrical use and covering fireworks or pyrotechnic article for theatrical use under his name or brand name;
fop and screen fireworks: consumer fireworks of category F1 and other consumer fireworks designated by ministerial arrangement in such a way that they are classified in category F1;
Projected restricted or vulnerable object: there is not yet a limited vulnerability or vulnerable object which is permissible under the zoning plan applicable to the area concerned or the management regulation applicable to it;
territory of the European Union: area to which the Agreement on the European Economic Area applies;
Importer: a natural or legal person established in the European Union who places fireworks or a theatrical pyrotechnic article from a third country on the market of the European Union;
Placing on the market for the first time in the European Union on the market of fireworks or any pyrotechnic article for theatrical use;
Inspector: as such by a decision of our Minister designated;
vulnerable object:
a. dwelling, houseship or trailer, other than a restricted, vulnerable object;
b. building intended for the stay, whether or not part of the day, of minors, the elderly, the sick or the disabled, which includes in any case:
1 °. a hospital, retirement home or nursing home,
2 °. a school or
3 °. a building or a part thereof intended for the daycare of minors;
c. building in which large numbers of persons are usually present for a large part of the day, which in any case includes, in any case, the following:
1 °. an office building or hotel with a gross floor area of more than 1500 m 2 ,
2 °. a complex in which more than 5 stores are located, including at least a supermarket, hypermarket, or department store, with a common gross floor area of more than 1000 m 2 , or
3 °. a shop, being a supermarket, hypermarket or department store, with a total gross floor area of more than 2000 m 2 ;
d. Champear or other recreational grounds intended for the stay of more than 50 persons for several contigueated days;
e. rijksweg or main railway as intended in the Railway Act ;
Member State of the European Union: Member State of the European Union or any other State party to the Agreement on the European Economic Area;
airport: airport as intended in the Aviation Law ;
Economic operators: manufacturer, importer and distributor;
NEM: net explosive mass, being the total amount of pyrotechnic substance or preparation, with any additions, in fireworks or pyrotechnic articles for theatrical use;
Discharge consent: consent as specified in Article 3B.1, third paragraph, point (a) ;
Making available on the market: the provision of fireworks or a theatrical pyrotechnic article for the purpose of distribution, consumption or use on the Union market, in the context of a commercial activity, whether for payment or non-payment;
Person with specialist knowledge: person, designated by Article 1.1.2a ;
Primary packaging: packaging containing more than one single copy of the same type of fireworks, intended to be made available to the individual in full;
professional fireworks: fireworks which are classified in category F4 and fireworks which are classified in category F2 or F3 and which are not designated by or under this Decision as fireworks which may be made available for private use;
pyrotechnic article: article containing explosive substances or an explosive mixture of substances intended to produce heat, light, sound, gas or smoke, or a combination of such phenomena, by means of their own Underbearing exothermic chemical reactions;
theatrical pyrotechnic articles: pyrotechnic articles intended for indoor or outdoor use of the postage, including film and TV productions or similar uses;
Directive 2007 /23/EC: Directive 2007 /23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles (PbEU L 154);
Theatrical fireworks: for the purpose of storage of pyrotechnic articles for theatrical use, designated by Our Minister, classified in category T1 or T2;
application permit: permit as intended in Article 3B.1, first paragraph ;
safety distance: distance from the point of view of external safety for the purposes of the quality of the environment, at least between an establishment as intended for the purposes of the protection of the environment Articles 2.2.1 , 3.2.1 and 3A.2.1 , or part of such establishment, or such establishment, for which the applicable zoning plan or the relevant management regulation of the authorisation for the construction of such an establishment as referred to in Article 2 (2) of the Article 2.1, first paragraph, introductory wording and point (a) of the General Provisions Act allows, on the one hand, and mitigated fragile or vulnerable objects and projected restricted or vulnerable objects on the other;
fireworks: pyrotechnic articles for entertainment;
business day: day, not being a Sunday or generally recognised holiday in the sense of the General Term Act ;
house: building or part of a building intended for habitation;
residential ship: ship intended for habitation;
residential car: trailer as referred to in Article 1, first paragraph, of Annex II to Decision of the Environment .
2 In this Decision and the provisions based thereon, the following definitions shall apply:
a. Editing professional fireworks: editing, processing, packaging, repackaging, preassembling, assembling, assembling and assembling;
b. Editing of consumer fireworks: actions aimed at positively influencing stability, reducing the likelihood of a collapse or breaking down during the set-off, without removing or adding a pyrotechnic substance.
3 Under professional fireworks, a substance or preparation designated by Our Minister, an object or part of an article or a substance or preparation, an object or part of an article belonging to the body, is also a matter of professional use. a category designated by our Minister under a ministerial arrangement, in so far as that substance or preparation, which is apparently intended or used for the purpose of securities, is manifested or used to be used for the purposes of transport effect.
4 For the application of the Articles 1.2.2, first to third paragraphs , 2.1.2, first paragraph 2.3.2 , 2.3.3 , 2.3.4 the term "private" means an operator of a non-incorporated undertaking or a legal person who:
a. No device floating as intended Article 1.1.4 , 2.2.1 , 3.2.1 or 3A.2.1 ;
b. Do not hold a permit as specified in Article 3B.1, first paragraph ;
c. is located abroad and whose business activity does not consist of the marketing of, or the ignition of, fireworks.
(5) In this Decision and the provisions based thereon, the following definitions shall apply:
a. 'packed fireworks' means fireworks including the casing and any packaging, retail packaging or set-pack, including the transport packaging as referred to in the ADR;
b. Unpacked fireworks: fireworks including the casing and packaging, retail packaging or packaging, but excluding the transport package as specified in the ADR;
c. Quantity of consumer firecrackers in the custody place: mass packed consumer fireworks, expressed in kilograms;
d. Quantity of consumer fireworks in the buffer store or sales space: mass packed and unpacked fireworks, expressed in kilogrammes of unpacked fireworks;
e. Quantity of consumer fireworks in the establishment: summation of the quantity of consumer fireworks present in the custody place, the buffer storage area and the sales space expressed in kilograms;
f. UOM: measurement of the measure as referred to in Article 1.2 of the Environmental Management Decision .
1 If a person is designated with specialist knowledge:
a. A person who drives a device as intended to Article 3.2.1 or 3A.2.1 ;
b. A holder of a licence as referred to in Article 3B.1, first paragraph ;
c. officers of the police in the exercise of their duties;
d. firefighters ' staff in the exercise of their duties;
e. persons who, in the performance of their duties, ignuse fireworks or pyrotechnic articles for theatrical use in an institution which makes the said products business and exclusively for the purpose of research,
f. staff members of the armed forces in the exercise of their duties.
2 A person with specialist knowledge shall also be designated a person designated for theatrical use in another Member State of the European Union as such for fireworks and pyrotechnic articles.
This Decision shall apply to fireworks and theatrical pyrotechnic articles, with the exception of:
a. Confiscated fireworks and theatrical pyrotechnic articles that are in administration to the government;
b. fireworks and pyrotechnic articles used for theatrical use by the armed forces, the police or the fire department for instructional purposes;
c. fireworks and pyrotechnic articles for theatrical use brought within the territory of the Netherlands and not being unloaded or transhipped directly within the territory of the Netherlands in the context of an international carriage by sea or plane to another seagoing vessel on a non-personal plane;
d. fireworks which have been subject to rules at the time of Toys Act 2011 ;
e. fireworks manufactured by a manufacturer for their own use and approved by our Minister only for use in its territory and which remains in the territory of the Netherlands.
1 The Articles 2.2.1 , 2.2.3 , 3.2.1 , 3.2.2 and 3A.2.1 shall not apply to the storage of fireworks or pyrotechnic articles intended for theatrical use in facilities for which an environmental permit has been granted which relates to the storage of fireworks or pyrotechnic articles for use in theatre. theatre use, to the extent that it is carried out for a maximum of 48 hours from the time of storage and pending subsequent transport to a known consignee, including loading and unloading of the articles and the transfers to transport modality other than those received by the Articles, to the extent that is actually provided for subsequent transport and the article in question remains in the original package.
2 For the purpose of calculating the 48-hour period referred to in paragraph 1, Saturdays, Sundays and public holidays within the meaning of the General Term Act Not included.
3 By way of derogation from the first paragraph, the storage of fireworks or pyrotechnic articles for use in theatre in containers for transport in an establishment situated on a port of the sea port of Amsterdam, Eemshaven, shall be provided, Rotterdam or Vlissingen and which has been granted an environmental permit relating to the storage of fireworks or pyrotechnic articles for theatre use and to the extent that the conditions of the first paragraph have been satisfied, instead of '48 hours' read: two weeks.
The Articles 2.3.6 , 3.3.1 , 3A.3.1 and 3B.1 shall not apply to institutions making fireworks or pyrotechnic articles for theatrical use, and exclusively for the purpose of research.
This part has not (yet) entered into force; see the summary of changes
A ministerial arrangement may lay down rules on the practical arrangements for the regular collection and updating of data on accidents, as referred to in Article 43 (b) of the EU Directive on pyrotechnic articles.
1 It shall be prohibited to use fireworks or pyrotechnic articles for theatrical use, where intended for private use, to be brought, to be stored, to be stored, to be manufactured, available or to any other person used in the territory of the Netherlands the order of the day.
2 It shall be prohibited to make available to any person other than a person with specialised knowledge professional fireworks or pyrotechnic articles for theatrical use.
3 It shall be prohibited to store, hold, or create ignition of professional fireworks or pyrotechnic articles for theatrical use as a person other than a person with specialised knowledge.
4 The placing on the territory of the Netherlands of fireworks or pyrotechnic articles for theatrical use, storage, manufacture, application, disposal, disposal, disposal or ignition shall be prohibited where this does not comply with the provisions of this Decision or pursuant to this Decision.
5 Everyone shall be prohibited to prepare for, or to promote, acts as referred to in the first to fourth paragraphs of this Article:
a. to try to move another person to commit, commit, engage in, engage in, or provoke, assist in doing so, or to provide the opportunity, means, or intelligence to that end;
(b) seek to provide himself or any other opportunity, means or intelligence to carry out such operations; or
(c) the existence of items, means of transport, substances, funds or other means of payment, which he or she knows or is serious about to suspect that they are intended to carry out those acts.
6 It shall be prohibited to release fireworks or pyrotechnic articles for theatrical use outside the territory of the Netherlands without any intention to do so; Article 1.3.2 has been reported.
7 For private use referred to in paragraph 1, the following shall in any event include:
a. The ignition is made by a private person;
b. it is put up for sale or made available to, purchased or ordered by a private person;
c. it is found by a private person;
(d) be placed or held within the territory of the Netherlands for the purpose of making it available to private persons; or
e. it is marked with the indication: Suitable for private use.
It shall be prohibited, subject to the provisions of the Article 1.3.1, third paragraph , 2.1.2, second paragraph , and 2.1.3, 6th Member , then 3.1.1, sixth paragraph , and 3A.1.1, sixth Member , storing or editing fireworks or pyrotechnic articles for theatrical use, if the requirements set out in pursuits are not complied with. Article 9.2.2.1, third paragraph, of the Environmental Protection Act , by virtue of that decision.
It shall be prohibited to manufacture fireworks or pyrotechnic articles for theatrical use outside an establishment intended for that purpose or, subject to the provisions of the Article 3B.1, first paragraph -To be edited.
1 It shall be prohibited to have fireworks or pyrotechnic articles for theatrical use outside a device as intended in:
a. Article 1.1.4 ;
b. Article 2.2.1 , 3.2.1 or 3A.2.1 for which an environmental permit has been granted relating to the storage of fireworks;
c. Article 2.2.1 which has been reported under Article 2.2.4 .
2 The first paragraph shall not apply:
a. During the periods when consumer fireworks are Article 2.3.2 may be made available or Article 2.3.6 Ignition shall be carried out if not more than 25 kilograms of consumer fireworks are available;
b. Outside the periods referred to in point (a) if not more than 25 kilograms of consumer fireworks are available in a place which is not accessible to the public;
c. during the ignition of professional fireworks or pyrotechnic articles for theatrical use according to: Article 3B.1 , and for no more than 16 hours prior to the use of fireworks or pyrotechnic articles for theatrical use than shall reasonably be igninted;
d. For a maximum of 12 hours after being or would be caught up to the ignition of professional fireworks or theatrical pyrotechnic articles in accordance with the requirements of Article 3B.1 whether the fireworks or the pyrotechnic articles for theatrical use are available in a place which is not accessible to the public and in such a way that there is no danger to persons, except that not more fireworks or pyrotechnic articles for theatrical use are available than reasonably to be ignited.
3 Deputed states of the province in which the professional fireworks or the pyrotechnic articles for theatrical use are to be ignited may be carried out in the event of a fire-fire call, rather than the duration specified in the second paragraph, under c, set a different time period.
4 The first paragraph shall also not apply if the fireworks or the pyrotechnic articles for theatrical use are carried in accordance with the requirements of, or under the conditions of, the Transport Dangerous Substances Act and taking into account Article 1.2.5 .
1 It shall be prohibited to act as referred to in Article 2 (c), (d) and (e) of the Transport Act on Dangerous Substances in so far as it concerns activities involving fireworks or pyrotechnic articles for theatrical use, other than:
(a) leaving and leaving a means of transport in which, or on which, fireworks or pyrotechnic articles are for theatrical use, in relation to:
1 °. application of Article 1.2.4, second paragraph, point (c) ,
2 °. a legal requirement that requires that in relation to weather conditions.
b. The uninterrupted laden of a means of transport with fireworks or pyrotechnic articles for theatrical use and uninterrupted unloading thereof; or
c. The in devices as specified in Article 1.1.4, first paragraph :
1 °. leaving and leaving a means of transport in which, or on which, fireworks or pyrotechnic articles are for theatrical use,
2 °. laden of a means of transport with fireworks or pyrotechnic articles for theatrical use and discharge thereof, or
3 °. deposit during the carriage of fireworks or pyrotechnic articles for theatrical use.
2 It is prohibited to transport packaged or unpackaged consumer fireworks, other than for their own use, of more than 25 kg by means of transport, or professional fireworks or pyrotechnic articles for theatrical use, unless otherwise provided the person transporting during that carriage can prove in writing by means of a certificate of registration or a consignment note as intended for the purposes of the Articles 20 Other 29 of the Road Hauts Act on the Road , or by means of a bill of lading as referred to in book 8 of the Civil Code , that the articles are intended for a natural person or a legal person:
a. which may store theatrical use of fireworks or these pyrotechnic articles as a result of the application or pursuant to this Decision,
(b) the holder of a licence as referred to in Article 3B.1, first paragraph , or
c. whose data, if the fireworks or pyrotechnic articles for theatrical use are brought outside the territory of the Netherlands, have been provided with the notification, intended Article 1.3.2, fourth paragraph, point (f) .
1 It shall be prohibited to prohibit the fireworks other than consumer fireworks which comply with the requirements of this Decision or to the effect of this Decision. Article 9.2.2.1 of the Environmental Protection Act established rules relating to consumer fireworks, to price or to recommend:
a. as consumer fireworks, or
b. If he knows or has reasonable grounds to suspect that such fireworks will be used for any other use than the composition or characteristics of the intended use, it is clearly appropriate.
2 The first paragraph shall apply mutatis mutandis to theatrical pyrotechnic articles.
Any person who, for the purposes of theatrical use, is engaged in the use of fireworks or pyrotechnic articles for theatrical use, is prohibited from carrying out or leaving out acts which he knows or could reasonably have suspected that such acts are likely to result in such use. may act for man or the environment.
1 The person who brings fireworks or pyrotechnic articles for theatrical use within the territory of the Netherlands shall ensure that:
a. On the packaging in which the fireworks or the pyrotechnic articles for theatrical use are during transport, the class in which the fireworks or the pyrotechnic articles for theatre use are described in Annex A of the ADR Classified as fireworks, and the indication of the class corresponds to the properties of that packed fireworks,
(b) fireworks or pyrotechnic articles for theatrical use accompanied by a written declaration, drawn up by or on his/her name, containing by means of transport according to which class the fireworks or pyrotechnic articles for use are to be drawn up. theatrical use is to be found in accordance with Part A and in which he declares that the designation of that class corresponds to the properties of the articles in the packages.
c. by the person to whom he makes available the fireworks or pyrotechnic articles for theatrical use after it has been carried out within the territory of the Netherlands, a written declaration as referred to in point (b) is issued.
2 The person storing the fireworks or pyrotechnic articles for theatrical use shall ensure that articles which are packed are marked with the indication of the class in which the articles in accordance with Annex A of the ADR are classified as fireworks is and remains in the possession of the written declaration referred to in paragraph 1 (b).
3 The first paragraph, point (c), does not apply to fireworks or pyrotechnic articles for theatrical use which, at the time these articles are brought within the territory of the Netherlands, satisfy the judgment of our Minister it shall be shown that they will be released back outside the territory of the Netherlands within 48 hours. Where storage is referred to in the Article 1.1.4, third paragraph , it is read instead of "48 hours": two weeks.
1 The person who brings fireworks or pyrotechnic articles for theatrical use inside or outside the territory of the Netherlands shall notify our Minister prior to electronic means of such intention. The notification shall be made at least 48 hours prior to the entry of the articles to the Netherlands or outside the Netherlands.
2 By way of derogation from paragraph 1, the person bringing in consumer fireworks from 15 December to 1 January within or outside the territory of the Netherlands shall be allowed to submit by electronic means at least 24 hours in advance of the said To report to our minister.
3 By way of derogation from the first paragraph, it shall be taken within 24 hours of being or would be taken to discharge professional fireworks or theatrical pyrotechnic articles in accordance with the requirements of the Article 3B.1 , allowed to bring the remaining items outside the territory of the Netherlands without prior notification, except that within a working day after the goods are brought outside the territory of the Netherlands, the articles thereof has brought a notification outside the Netherlands to our Minister.
4 In each case, the notification shall contain the following information:
a. The name and address of the person who brings the fireworks or the pyrotechnic articles for theatrical use inside or outside the territory of the Netherlands;
b. the intended place where, the date and the expected time, when the fireworks or pyrotechnic articles for theatrical use are brought within or outside the territory of the Netherlands;
c. whether or not consumer or professional fireworks or pyrotechnic articles for theatrical use, the item number assigned by the manufacturer in the manufacture, which serves to identify the item, the CE marking, the type fireworks or pyrotechnic articles for theatrical use, the NEM, by item number, the quantity of fireworks or pyrotechnic articles for theatrical use in kilograms or the weight per unit packet in kilograms, and if of application of the container number in which the fireworks or pyrotechnic articles for theatre use;
d. the planned date and place where the fireworks or pyrotechnic articles for theatrical use are unloaded or transhipped and, if the articles are intended to be ignited within the territory of the Netherlands, The place of the ignition;
e. in the territory of the Netherlands, the country of production, the name of the undertaking which produced the fireworks or the pyrotechnic articles for theatrical use, shall name and address the person to whom the articles are produced. stored, and the name and address of the addressee of the articles;
f. outside the territory of the Netherlands, the name and address of the person for whom the fireworks or the pyrotechnic articles are intended for theatrical use, and the address of the person to whom the articles are delivered abroad, shall be brought to the place of delivery.
5 In the case of a ministerial arrangement, detailed rules shall be laid down concerning the way in which notification is made by electronic means.
6 Derogation from the reported data shall be notified to Our Minister before the fireworks or the pyrotechnic articles for theatre use prior to the entry into or outside the territory of the Netherlands.
For the purpose of calculating the period of 48 hours referred to in paragraph 1, hours shall not be counted on a day, other than a working day.
1 The person who:
a. Consumer fireworks at the disposal of a wholesaler; or
b. provides professional fireworks or pyrotechnic articles for theatrical use to another,
reports before the posting takes place electronically the intention to do so by our Minister. The notification shall be made at least 48 hours prior to the posting of the articles.
2 By way of derogation from the first paragraph, it shall be the person making available to the Secretary of State for the period from 15 December to 1 January the intention of notifying the intention to do so at least 24 hours in advance.
3 In each case, the notification shall at least give the following information:
a. The name and address of the person making available;
(b) the name and address of the person to whom the decision is to be made,
(c) the date on which the Articles are made available, and the place where they are stored; and
d. Whether or not consumer or professional fireworks or pyrotechnic articles for theatrical use, the item number assigned by the manufacturer in the manufacture, which serves to identify the item, the CE marking, the type of fireworks or pyrotechnic article for theatrical use, the NEM, and per item number, the amount of fireworks or pyrotechnic articles for theatrical use in kilogrammes.
4 In the case of a ministerial arrangement, detailed rules shall be laid down concerning the way in which notification is made by electronic means.
For the purpose of calculating the period of 48 hours referred to in paragraph 1, hours falling shall not be taken on a day, other than a working day.
1 The person who produces fireworks or pyrotechnic articles for theatrical use, within the territory of the Netherlands, or holds for commercial purposes, registers:
a. Whether or not consumer or professional fireworks or pyrotechnic articles for theatrical use are concerned, and the item number assigned by the manufacturer in the manufacture to be used for the purpose of identifying the article;
b. The quantity of packaged fireworks or pyrotechnic articles for theatrical use in kilogrammes made available per customer.
2 Article 3, first and third paragraphs, of the Administration Decision on Environmental Hazardous Substances and Preparations shall apply mutatis mutandis to the data referred to in points (a) and (b) of the first paragraph.
3 The first paragraph, introductory wording and point (b), shall not apply to the person making available personal and consumer fireworks to private persons.
1 The person who drives a device as intended Article 1.1.4 , 2.2.1 , 3.2.1 or 3A.2.1 takes care that mayor and aldermen and the mayor of the municipality in which the establishment is located, and the board of the regional fire department, in access to the establishment have direct access to at least the following current data:
a. The classification of fireworks or pyrotechnic articles for theatrical use in accordance with the ADR and the stored quantity of packaged and unpacked fireworks or pyrotechnic articles for theatrical use in kilogrammes;
b. information on the extent to which the articles stored are sensitive to extinguishing agents;
c. the place where the items have been stored within the facility.
2 The first paragraph shall apply mutatis mutandis to the person holding professional fireworks or theatrical pyrotechnic articles in an establishment which are designated as a result of the Article 1.1.1, third paragraph .
1 The person who drives a device as intended Article 2.2.1, first paragraph , shall ensure that, on 1 February of each year, an overview of the following shall be provided:
a. The quantity of purchased consumer fireworks in the previous 12 months;
b. The quantity of sold consumer fireworks in the previous 12 months;
c. the quantity of discharged consumer firecrackers in the previous 12 months;
d. The amount of stored consumer fireworks.
He shall keep the overview for a period of at least 7 years from the date specified in the year in which the statement is drawn up.
2 The quantity referred to in paragraph 1 shall be expressed in kilogrammes of unpacked fireworks.
1 In this chapter and the provisions based thereon, the following definitions shall apply:
notified bodies: notified bodies as referred to in Article 21 of the EU Directive on pyrotechnic articles;
Designated authority: a body designated by our Minister, carrying out conformity assessment activities, including calibration, testing, certification and inspection;
Accreditation: accreditation as defined in Article 2, 10th paragraph of the Regulation;
competent authority: Our Minister;
Annex I to the EU Directive: Annex I to the EU Directive pyrotechnic articles, to the text as set out in that Directive;
Annex II to the EU Directive: Annex II to the EU Directive pyrotechnic articles, to the text as established by that Directive, in so far as it concerns the parts listed in paragraph 2 of the Annex, and Annex II to the EU Directive, pyrotechnic articles for the other parts of the Annex;
conformity assessment: process in which the essential safety requirements are assessed or fulfilled;
conformity assessment procedure: procedure as referred to in Annex II to the EU Directive;
critical safety requirements: Essential safety requirements as set out in Annex I to the EU Directive;
EU declaration of conformity: declaration that a product complies with the requirements of the EU Directive on pyrotechnic articles as referred to in Article 18, first to third paragraph, of that Directive;
Harmonised standard: 'harmonised standard' as referred to in point (c) of the first paragraph of Article 2 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89 /686/EEC and 93 /15/EEC, and Directives 94/9/EC, 94 /25/EC, 95 /16/EC, 97 /23/EC, 98 /34/EC, 2004 /22/EC, 2007 /23/EC, 2009 /23/EC and 2009 /105/EC of the European Parliament and of the Council, and repealing Council Decision 87 /95/EEC and Decision No 2377 /95/EC. Decision No 1673 /2006/EC of the European Parliament and of the Council;
harmonisation legislation of the European Union: all legislation of the European Union harmonising the conditions for the marketing of products;
market surveillance: That includes pyrotechnic articles in Chapter 5 of the EU Directive;
Market regulator: the civil servants referred to in Article 5:10, first paragraph, of the General Provisions Act, acting in the context of market surveillance
Module B, C2, D, E, G and H: Module B, C2, D, E, G and H, as referred to in Annex II to the EU Directive, pyrotechnic articles;
national accreditation body: national accreditation body as defined in Article 2, 11th paragraph of the Regulation;
Technical specification: document prescripting technical requirements to be met by fireworks or a theatrical pyrotechnic article;
recall: measure intended to return fireworks or a theatrical pyrotechnic article that has already been made available to the end-user;
From the market: measure aimed at preventing the placing on the market of fireworks or a theatrical pyrotechnic article that is in the supply chain;
Regulation: Regulation (EC) No 148/EC (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 765/2008 339/93;
2 The elements listed in the first paragraph, as set out in Annex II to the EU Directive, are:
(a) Module B, Part 7, second paragraph, to 9;
(b) Module C2, Parts 2 to 4.2, in so far as they are at the disposal of the EU conformity declaration;
c. Module D, sections 3.4, 3.5, 4.2 to 4.4, 6 and 7;
d. Module E, sections 3.4, 3.5, 4.2 to 4.4, 6 and 7;
e. Module H, sections 3.4, 3.5, 4.2 to 4.4, 6 and 7.
1 An amendment to Article 10 of the EU Directive pyrotechnic articles, of Annex II to the EU Directive, pyrotechnic articles, other than those referred to in Article 1A.1.1, second paragraph, and of Annex III or IV to the European Union Directive, and in particular Article 10 of the Directive on pyrotechnic articles. EU Directive pyrotechnic articles shall apply for the purposes of this Decision and the provisions based thereon shall apply from the day on which the relevant amending Directive or the amending act concerned has been implemented, unless, by ministerial decree, published in the Official Gazette, any other time shall be established.
2 Our Minister shall take effect immediately after the entry into force of a change as referred to in the first paragraph of the notice in the Official Journal.
1 The manufacturer shall use the fireworks or pyrotechnic article for theatrical use in a particular category under applicable, purpose and hazard, including their sound level.
2 A notified body shall confirm the categorization as part of the conformity assessment procedure.
3 The categories are as follows:
a. Fireworks
Category F1: fireworks which are of very low hazard and negligible sound level and are intended for use in a confined space, including fireworks which are intended for indoor use;
Category F2: fireworks with low hazard and low noise level and intended for outdoor use in a demarcated place;
Category F3: fireworks which are at medium risk and are intended for outdoor use in a large open space, and whose noise level is not harmful to human health;
Category F4: fireworks which pose a great deal of danger and are intended solely for use by persons with specialised knowledge, and whose noise level is not harmful to human health.
b. Pyrotechnic articles for theatrical use
Category T1: pyrotechnic articles for postage with low hazard;
Category T2: pyrotechnic articles for postage, intended solely for use by persons with specialised knowledge.
Fireworks or theatrical pyrotechnic articles in accordance with harmonised standards or parts thereof, the reference numbers of which have been published in the Official Journal of the European Union, shall be deemed to be in accordance with to be in compliance with the essential safety requirements to be covered by those standards or parts thereof.
1 It shall be prohibited to place on the market, or to make available to any other, fireworks or pyrotechnic articles for theatre use which do not meet the essential safety requirements.
2 It shall be prohibited for theatrical use of fireworks or pyrotechnic articles which are not subject to the conformity assessment procedure in accordance with Articles 1A.3.1 and 1A.3.2 to be placed on the market, to be available or to be made available to another.
3 It shall be prohibited to place on the market, in the possession of, or use otherwise than with due regard to or under the conditions laid down in, the use or use of fireworks or pyrotechnic articles for theatrical use on the market Articles 1A.4.1 , 2.1.3 , 3.1.1 and 3A.1.1 with regard to the indication and use of entries.
4 It is prohibited to place on the market fireworks or pyrotechnic articles for theatrical use, without Article 1A.4.2 , an EU declaration of conformity has been drawn up.
5 It is prohibited for manufacturers to act in breach of Annex II to the EU Directive.
1 Article 1A.2.1 does not apply to fireworks and theatrical pyrotechnic articles which are not in conformity with the provisions of EU Directive pyrotechnic articles and are displayed and used on trade fairs, exhibitions and demonstrations for the marketing of fireworks and pyrotechnic articles for theatrical use, provided that the provisions of the third paragraph are satisfied.
2 Articles as referred to in paragraph 1 may only be sold after they have been brought into conformity with the provisions of the EU Directive on pyrotechnic articles.
3 To the Articles referred to in paragraph 1:
a. A visible sign shall be marked showing the name and date of the trade fair, exhibition or demonstration;
(b) has been indicated that the articles are not in conformity with the provisions of the EU Directive and may not be sold.
1 Article 1A.2.1 does not apply to fireworks and theatrical pyrotechnic articles produced for research, development and testing purposes and which do not comply with the provisions of the EU Directive on pyrotechnic articles. Such articles may circulate freely and be used, provided that the provisions of the third paragraph are complied with.
2 Articles as referred to in paragraph 1 shall not be made available or used for purposes other than for development, testing and examination.
3 The articles referred to in paragraph 1 shall bear a visible sign that it is clear that they are not in conformity with the provisions of the EU Directive on pyrotechnic articles and not available for other purposes than for development, testing and research.
The manufacturer shall ensure that fireworks and pyrotechnic articles for theatrical use are designed and manufactured in accordance with the essential safety requirements.
1 The manufacturer shall establish the technical documentation listed in Annex II to the EU Directive for pyrotechnic articles and have the applicable conformity assessment procedure carried out in accordance with the requirements of the Annex. Articles 1A.3.1 and 1A.3.2 .
2 When the conformity assessment procedure has been demonstrated to demonstrate that fireworks or a theatrical pyrotechnic article satisfies the applicable requirements, the manufacturer shall draw up an EU declaration of conformity and affers the CE marking.
3 The manufacturer shall keep the technical documentation and the EU declaration of conformity for a period of 10 years after the fireworks or pyrotechnic article for theatrical use has been placed on the market.
The manufacturer shall ensure that it has procedures to continue to ensure the conformity of its series production with EU-Directive pyrotechnic articles. Due account shall be taken of changes in the design or characteristics of the fireworks or the pyrotechnic article for theatrical use and changes in the harmonised standards or other technical specifications referred to in the Reference shall be made to the EU declaration of conformity of the fireworks or the pyrotechnic article for theatrical use.
1 With a reasoned request, the competent authority may require one or more of the following measures by the manufacturer:
(a) conduct of spot checks on pyrotechnic articles intended for theatrical use placed on the market;
b. Investigating complaints;
Investigations of non-compliant fireworks or non-conforming pyrotechnic articles for theatrical use;
d. Examinations of recalled fireworks or pyrotechnic articles for theatrical use;
(e) keeping records of the surveys referred to in points (b), (c) and (d);
(f) keeping distributors informed of the measures taken.
2 The competent authority may make the request referred to in paragraph 1 if this is considered appropriate in the light of the risks of the fireworks or the pyrotechnic articles for theatrical use.
3 The manufacturer shall implement the measures in order to protect the health and safety of consumers.
The manufacturer shall ensure that fireworks or pyrotechnic articles for theatrical use which have been placed on the market have been labelled in accordance with the requirements laid down in the Annex. Articles 2.1.3 , 3.1.1 or 3A.1.1 .
If the manufacturer considers or has reason to believe that fireworks or pyrotechnic article for theatrical use placed on the market are not in conformity with the requirements of, or pursuant to, the requirements of this Regulation. Decision:
a. shall immediately take any corrective action necessary to bring the fireworks or pyrotechnic article for theatrical use into conformity with these requirements or, if necessary, withdraw from the market, or recall; and
b. If the article presents a risk, he shall immediately inform the competent authorities of the Member States in which he has offered the Article on the market. If he has offered the article in the Netherlands on the market, he shall inform the competent authority. In particular, it shall describe in detail the non-compliance and any corrective action taken.
1 At the reasoned request of the competent authority or the competent authorities of other Member States:
a. provide the manufacturer with all necessary information and documentation to demonstrate the compliance of fireworks or pyrotechnic articles for theatrical use with the requirements of, or pursuant to, this Decision; and
(b) assist the manufacturer in all measures taken to eliminate the risks of pyrotechnic articles intended for theatrical use placed on the market by fireworks or pyrotechnic articles which it has placed on the market.
2 The information and documentation shall be made available on paper or by electronic means to the authorities referred to in paragraph 1. It is stated in the Dutch or English language.
An importer or distributor shall be considered to be a manufacturer and comply with the obligations in accordance with this Chapter, when he places fireworks or a theatrical pyrotechnic article on the market under his own name or brand name; or fireworks already placed on the market, or a pyrotechnic article for theatrical use already placed on the market, modifies conformity with the essential safety requirements.
The importer shall only bring in fireworks and pyrotechnic articles for theatrical use in the trade which meet the essential safety requirements.
Before the placing on the market of fireworks or a pyrotechnic article, the following shall be carried out:
(a) the importer shall ensure that the conformity assessment procedure has been carried out by the manufacturer;
(b) the importer shall ensure that the manufacturer has produced the technical documentation;
c. allows the importer to ensure that the fireworks or pyrotechnic article for theatrical use has the CE marking and is accompanied by the required documents; and
(d) ensure that the manufacturer has labelled the fireworks or pyrotechnic article for theatrical use in accordance with the requirements of the Articles 2.1.3 , 3.1.1 or 3A.1.1 .
The importer who considers or has reason to believe that fireworks or a theatrical pyrotechnic article is not in accordance with the essential safety requirements:
a. does not market the fireworks or pyrotechnic article for theatrical use before it is made in accordance with the essential safety requirements; and
b. notify the manufacturer and the market supervisor if the fireworks or pyrotechnic article for theatrical use presents a risk.
The importer fulfils the requirements which he has claimed as a result of the Article 2.1.3, first paragraph, point (d) , 3.1.1, first paragraph, point (d) , or 3A.1.1, first paragraph, point (d) .
The importer shall, during the period during which he is responsible for fireworks or pyrotechnic articles for theatre use, ensure that their storage and transport conditions have the conformity of the pyrotechnic article with the essential requirements of the use of such articles. safety requirements shall not be at issue.
1 With a reasoned request, the competent authority may require one or more of the following measures by the importer:
(a) conduct of spot checks on pyrotechnic articles intended for theatrical use placed on the market;
b. Investigating complaints;
Investigations of non-compliant fireworks or non-conforming pyrotechnic articles for theatrical use;
d. Examinations of recalled fireworks or pyrotechnic articles for theatrical use;
(e) keeping records of the surveys referred to in points (b), (c) and (d);
(f) keeping distributors informed of the measures taken.
2 The competent authority may make the request referred to in paragraph 1 where it is considered appropriate for the risks of the fireworks or the pyrotechnic articles for theatrical use.
3 The importer shall implement the measures with a view to protecting the health and safety of consumers.
If an importer considers or has reason to believe that fireworks or a theatrical pyrotechnic article for theatrical use placed on the market are not in accordance with the requirements of: in accordance with this Decision:
a. shall immediately take any corrective action necessary to ensure that the fireworks or theatrical use of theatrical use is in conformity with those requirements or, if necessary, from the market, or recall; and
b. If the article presents a risk, he shall immediately inform the competent authorities of the Member States in which he has offered the Article on the market. If he has offered the items on the market in the Netherlands, he shall immediately inform the competent authority. In particular, the importer shall describe in detail the non-compliance and any corrective measures taken.
The importer shall keep a copy of the EU declaration of conformity at the disposal of the market supervisor for 10 years after the fireworks or pyrotechnic article for theatrical use has been placed on the market, and ensure that the technical Documentation may be provided to the market supervisor upon request.
1 At the reasoned request of the competent authority or the competent authorities of other Member States:
a. provide the importer with all the information and documentation necessary to demonstrate the compliance of fireworks or pyrotechnic articles for theatrical use with the requirements of, or pursuant to, this Decision; and
(b) cooperate with all the measures taken to exclude the risks of pyrotechnic articles of theatrical use placed on the market by him on the market, or by him on the market.
2 The information and documentation shall be made available on paper or by electronic means to the authorities referred to in paragraph 1. These are set in the Dutch or English language.
The distributor who offers fireworks or pyrotechnic articles for theatrical use on the market shall take due care in respect of the requirements of this Decision.
Before making any fireworks or pyrotechnic articles for theatrical use on the market, the distributor shall check whether:
a. The article is marked with a "CE" marking;
(b) the article is accompanied by the required documents, instructions and security information, in accordance with the requirements of the Article 2.1.3, first paragraph, point (j) and second paragraph , Article 3.1.1, first paragraph, point (i) and (second) , and Article 3A.1.1, first paragraph, point (i) and second paragraph ;
(c) the manufacturer and the importer to the obligations arising from Article 2.1.3 , 3.1.1 and 3A.1.1 have been satisfied.
The distributor who considers or has reason to believe that fireworks or pyrotechnic articles for theatrical use are not in conformity with the essential safety requirements:
a. does not offer the fireworks or pyrotechnic article for theatrical use on the market before it is made in accordance with the essential safety requirements; and
b. inform the manufacturer, the importer and the market supervisor of this, if the fireworks or pyrotechnic article for theatrical use presents a risk.
The distributor shall ensure that, during the period of such storage and transport conditions, the conformity of the Article with the essential conditions of storage and transport is responsible for theatrical use of fireworks or pyrotechnic articles for theatrical use. safety requirements shall not be compromised.
Where a distributor considers, or has reason to believe, that the fireworks or pyrotechnic article for theatrical use made available on the market are not in conformity with the requirements of, or pursuant to, this Decision:
a. It shall ensure that the necessary corrective measures are taken to bring those articles into conformity or, if necessary, to withdraw from the market, or recall; and
b. If the article presents a risk, he shall immediately inform the competent authorities of the Member States in which he has offered the Article on the market. If he has offered the items on the market in the Netherlands, he shall inform the competent authority. In particular, it shall describe in detail the non-compliance and any corrective action taken.
On a reasoned request from the competent authority or competent authorities of other Member States:
a. The distributor shall provide that authority with all the information and documentation necessary to demonstrate the conformity of fireworks or a theatrical pyrotechnic article with the requirements of, or pursuant to, this Decision; and
(b) cooperate with all the measures taken to eliminate the risks arising from the articles placed on the market.
2 The information and documentation referred to in paragraph 1 (a) shall be made available on paper or by electronic means to the authorities specified in paragraph 1.
1 At the request of the competent authority, market participants shall provide the following information:
a. which economic operator has delivered fireworks or pyrotechnic articles for theatrical use to them; and
b. which economic operator have provided theatrical fireworks or pyrotechnic articles for theatrical use.
2 Operators shall keep the information referred to in paragraph 1 at least 10 years after the fireworks or the pyrotechnic article for theatrical use has been delivered to the market participants, or after the operators have the fireworks or the fireworks. Theatrical pyrotechnic article has been provided, at the disposal of the competent authority.
1 The manufacturer labels fireworks and pyrotechnic article for theatrical use with a registration number assigned by the notified body.
2 [ Red: This member has not yet entered into force.]
3 [ Red: This member has not yet entered into force.]
The manufacturer and importer shall keep records of the registration numbers of the fireworks and the pyrotechnic articles which they offer on the market. They shall, at the request of the competent authority, make such information available to the competent authority.
This part has not (yet) entered into force; see the summary of changes
1 If the market supervisor observes that fireworks or a theatrical pyrotechnic article, which is in conformity with the essential safety requirements and other provisions of this Decision, is nevertheless a risk shall constitute for the health or safety of persons or for other aspects of the protection of general interests:
a. Takes all appropriate measures to ensure that such fireworks or this pyrotechnic article for theatre use will no longer bring that risk when placed on the market; or
b. He shall, within a period to be determined by the market supervisor, withdraw the fireworks or this pyrotechnic article for theatrical use from the market, or call it back.
2 The economic operator shall ensure that corrective measures taken by him are applied to all the fireworks or theatrical use of theatrical use that he has made available on the market in the European Union.
1 Theatrical use of fireworks and pyrotechnic articles shall be subject to a conformity assessment procedure in accordance with Annex II to the EU Directive on pyrotechnic articles.
2 The manufacturer shall comply with the obligations of Annex II to the EU Directive on pyrotechnic articles.
3 The designated body shall comply with the obligations imposed on it by the EU Directive pursuant to Annex II to the EU Directive.
The manufacturer shall choose one of the following conformity assessment procedures, according to which the notified body chosen by the manufacturer carries out the conformity assessment procedure:
a. 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); or
3 ° conformity to type based on product quality assurance (Module E);
b. conformity based on unit verification (module G);
c. Conformity based on full quality assurance (module H), as far as fireworks of category F4 are concerned.
1 The CE marking shall be visibly, legibly and indelibly affixed to the fireworks or theatrical pyrotechnic article. Where, in view of the nature of the article, it is not possible or not to be justified, the CE marking shall be affixed to the packaging and to the accompanying documents.
2 The CE marking shall be affixed prior to the placing on the market of the fireworks or pyrotechnic article for theatrical use.
3 If the notified body has been involved in the production control phase, the CE marking shall be followed by the identification number of that notified body.
4 The identification number referred to in paragraph 3 shall be affixed by the notified body itself, or in accordance with its instructions by the manufacturer.
1 The EU declaration of conformity shall state that it has been demonstrated that the essential safety requirements have been met.
2 The EU declaration of conformity:
a. In terms of structure, the model set out in Annex III to the EU Directive has been pyrotechnic articles;
b. contains the elements set out in the relevant modules of Annex II to the EU Directive;
c. is continuously updated;
d. shall be translated into the language (s) as requested by the Member State in which the fireworks or the theatrical pyrotechnic article is placed on the market or offered on the market.
3 The EU declaration of conformity relating to fireworks or theatrical pyrotechnic articles placed on the market or offered on the market within the territory of the Netherlands has been drawn up in the Dutch language.
4 If theatrical use of more than one act of the European Union requires an EU declaration of conformity for theatrical use of fireworks or pyrotechnic articles, one EU declaration of conformity with respect to all such acts of the European Union shall be European Union drawn up. That declaration must clearly state what acts of the European Union it is going to take, indicating its publication references.
5 By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the conformity of the fireworks or the pyrotechnic article for theatrical use with the requirements of the EU Directive.
1 Our Minister may, in accordance with the provisions of this Article, submit a request to the Council Article 1A.5.2 , designate which is competent to carry out the conformity assessment procedure. Our Minister shall notify the notified body of pyrotechnic articles in accordance with Article 21 of the EU Directive.
2 The designated body complies with the requirements, mentioned in the Articles 1A.5.3 to 1A.5.10 .
3 To the designation, rules may be attached to implement the requirements, mentioned in the Articles 1A.5.3 to 1A.5.10 .
1 A body that wishes to be designated in the sense of Article 1A.5.1, first paragraph , please submit a request to our Minister.
2 The request for designation referred to in paragraph 1 shall be accompanied by:
a. a description of the conformity assessment activities, the conformity assessment module (s), as set out in Annex II to the EU Directive, pyrotechnic articles and the pyrotechnic article or the pyrotechnic articles for which the body declares that it is competent; and
b. the accreditation certificate issued by a national accreditation body stating that the body complies with the requirements, mentioned in the Articles 1A.5.3 to 1A.5.10 .
1 The designated body shall be independent of the organisations which it assesses and the fireworks it assesses or the theatrical pyrotechnic articles which it assesses.
2 The designated authority, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or underholder of the fireworks, the pyrotechnic articles for theatrical use, or explosive substances, nor the representative of any of those parties. However, this shall not prevent the use of pyrotechnic articles or explosive substances which are necessary for the activities of the designated body or the use of fireworks or pyrotechnic articles for use in theatre for personal purposes.
3 The designated authority, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design, manufacture or construction, or as a representative of the parties concerned, to trade, install, use or maintain fireworks, pyrotechnic articles for theatrical use or explosive substances. They shall not exercise any activity which may prejudice their independent judgement or their integrity in relation to conformity assessment activities for which they are designated. This applies in particular to consultancy services.
4 The designated body shall ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of the conformity assessment activities that the designated authority carried out;
1 The designated authority and its staff shall carry out the conformity assessment activities with the greatest degree of professional integrity and the technical competence required in the specific field.
2 The designated authority and its staff are free from any pressure and inducement, particularly financial, which may affect their judgement or the results of their conformity assessment activities, in particular of persons or groups of persons who have an interest in the results of these activities.
1 The designated authority shall be able to carry out all the conformity assessment tasks assigned to it in Annex II to the EU Directive for which it has been designated, whether or not it has been designated by the designated authority. the body itself or on its behalf and under its responsibility is being carried out.
2 The designated authority shall have at all times, for each conformity assessment procedure and for each type and category of fireworks or pyrotechnic articles for theatre use which it has been notified of, the following:
a. Required personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;
(b) descriptions of the procedures for carrying out conformity assessment, ensuring the transparency and the ability to reproduce these procedures;
c. appropriate policies and appropriate procedures to distinguish between tasks that it carries out as a designated body and other activities; and
d. procedures for the exercise of its activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the relative complexity of the product technology in question and the mass or serial character of the production process.
3 A designated body shall have the necessary resources to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and shall have access to all the necessary steps to ensure that the necessary technical and administrative functions are carried out. equipment and facilities.
The personnel of the designated body responsible for the conformity assessment tasks shall have:
a sound technical and vocational training covering all the relevant conformity assessment activities for which the authority is designated;
a satisfactory knowledge of the requirements of the assessments carried out by the notified body and sufficient powers to carry out those assessments;
c. adequate knowledge and understanding of the essential safety requirements, the applicable harmonised standards and the relevant provisions of the harmonisation legislation of the European Union and of the relevant provisions of this Decision; and
d. the ability to draw up certificates, files and reports demonstrating that the assessments have been carried out.
1 The designated body shall ensure its impartiality and that of its management and its personnel responsible for carrying out the conformity assessment tasks.
2 The remuneration of managers and staff of the notified body shall not depend on the number of assessments carried out or on the results of the assessments;
The notified body shall have valid liability insurance.
1 The personnel of a designated body shall be subject to professional secrecy with regard to all information to be taken into account in the performance of the tasks of the notified body under Annex II to the EU Directive. articles or to or pursuant to this Decision. Proprietary rights shall be protected.
2 The obligation of professional secrecy referred to in paragraph 1 shall not apply to the competent authority.
1 The notified body shall participate in, or ensure that its personnel carrying out the conformity assessment tasks are informed of:
a. the relevant standardisation activities; and
b. The activities of the notified body coordination group established under the relevant harmonisation legislation of the European Union.
2 The designated body shall apply the administrative decisions and produced documents of the coordination group referred to in point (b) of the first paragraph as general guidance.
Conformity assessment body which demonstrates that it meets the criteria in the harmonised standards or parts thereof, the reference numbers of which have been published in the Official Journal of the European Union, shall be deemed to be the requirements, mentioned in Article 1A.5.3 to 1A.5.10 , to be complied with, provided that the applicable harmonised standards cover the requirements.
1 If the designated body subcontracts specific tasks related to the conformity assessment or has it carried out by a subsidiary:
a. Ensure that the subcontractor or the subsidiary to the requirements, mentioned in Article 1A.5.3 to 1A.5.10 , compliant;
b. inform our Minister of this;
c. takes full responsibility for the tasks that subcontractors or subsidiaries perform, regardless of where they are located;
d. holds the relevant documents on the assessment of the qualifications of the subcontractor or subsidiary and on the pyrotechnic articles made by the subcontractor or the subsidiary under Annex II to the EU Directive. the work carried out at the disposal of Our Minister.
2 Activities may be outsourced or carried out by a subsidiary only with the agreement of the customer.
1 The notified body shall carry out conformity assessments. It shall comply with the requirements set out in Annex II to the EU Directive on pyrotechnic articles.
2 The designated body shall, in the case of carrying out the conformity assessment referred to in paragraph 1, be empowered to take the following decisions:
(a) decide on the issue of an EU-type examination certificate in the context of the application of Module B, as set out in Annex II to the EU Directive, pyrotechnic articles, under 6;
(b) decide on the issue of an additional approval for the purposes of module B, as referred to in Annex II to the EU Directive, pyrotechnic articles, under 7;
(c) decide on the assessment or re-evaluation of the quality system for the purposes of the application of Module D, as referred to in Annex II to the EU Directive, pyrotechnic articles, points 3.3 and 3.5.
3 The notified body shall carry out the conformity assessments in a proportionate manner, which shall prevent undue burden on operators. The notified body shall take due account of the following aspects, respecting the rigour and the level of protection necessary to ensure that the fireworks or theatrical pyrotechnic article meets the requirements of the critical safety requirements:
a. the size of the undertaking;
b. the sector in which it operates;
c. the structure of the undertaking;
d. the relative technological complexity of the products; and
e. the mass or serial character of the production process.
1 The designated authority shall allocate registration numbers to identify the fireworks or theatrical pyrotechnic articles that are subject to a conformity assessment and to identify the manufacturers of those articles.
2 The notified body shall keep a register of the registration numbers of fireworks and theatrical pyrotechnic articles for which it has issued certificates of conformity.
3 [ Red: This member has not yet entered into force.]
4 [ Red: This member has not yet entered into force.]
5 [ Red: This member has not yet entered into force.]
6 [ Red: This member has not yet entered into force.]
The notified body shall not issue a certificate of conformity if it finds that a manufacturer has failed to meet the essential safety requirements or the corresponding harmonised standards or other technical specifications. It shall require the manufacturer to take the appropriate corrective measures.
1 The designated authority shall require the manufacturer to take appropriate corrective action if it finds, in the course of monitoring the conformity of a certificate, that fireworks or theatrical pyrotechnic articles do not is in line with the essential safety requirements, the corresponding harmonised standards or other technical specifications. If necessary, it shall suspend or withdraw the certificate.
2 If no corrective measures as referred to in paragraph 1 are taken, licences shall be suspended, restricted or revoked, as appropriate, by the appropriate body.
The notified body shall take part, directly or through appointed representatives, in the work of the forum of notified bodies.
1 Our Minister shall ensure the lawful and effective implementation of the provisions of, or by virtue of, this Decision by the designated authority.
2 The notified body shall inform our Minister of:
a. Any refusal, restriction, suspension or revocation of certificates;
b. circumstances affecting the scope of, or conditions for, designation;
Information requests on conformity assessment activities which they receive from the market supervisor or market authorities of other Member States;
3 At the request of Our Minister, the notified body shall inform our Minister of the conformity assessment activities carried out within its scope, including cross-border activities and outspending.
4 The notified body shall provide relevant information on negative conformity assessment results and upon request for positive conformity assessment results to the other notified bodies having similar results carry out conformity assessment activities for the same pyrotechnic articles.
The notified body shall have a proper administration in which data relating to and relating to the performance of its tasks have been committed in a systematic manner. On the basis of this information, the evaluated pyrotechnic articles are to be identified satisfactorily.
1 If it has been found that the designated authority no longer meets the requirements, mentioned in Article 1A.5.3 to 1A.5.10 , or fail to fulfil its obligations, our Minister may restrict, suspend or revoke the designation, depending on the seriousness of the failure to meet those requirements or the failure to comply with those obligations.
2 Our Minister shall immediately inform the other Member States of the European Union and the European Commission of the measures referred to in paragraph 1.
3 When the designation is restricted, suspended, or revoked, or the designated authority has ceased its activities:
a. also after the designation has been restricted, suspended or withdrawn, the files shall be made available to our Minister and to the market supervisor at the request of Our Minister; or
b. shall transfer the files to another notified body.
Our Minister's arrangement designates fireworks which may be made available for private use. The designation shall be based on the nature, composition, construction and characteristics of the fireworks.
1 Packaged consumer fireworks are stored and have the holding other than by individuals, packaged in such a way that, according to Annex A of the ADR, it can only be regarded as fireworks belonging to Class 1.4G or 1.4S.
This Article shall not apply to fireworks which, when taken within the territory of the Netherlands, are satisfied, in the judgment of our Minister, that within 48 hours it is again outside the territory of the Netherlands. The Netherlands will be brought. Where storage is referred to in the Article 1.1.4, third paragraph , it is read instead of "48 hours": two weeks.
1 Consumer Fireworks is provided with:
a. The designation: Suitable for private use;
b. an indication or representation of the type of the fireworks showing clearly the expected effects during operation;
c. the name, registered trade name or registered trade mark of the manufacturer and one postal address on which contact with him can be contacted;
(d) if the manufacturer is not established in the territory of the European Union: the information given under (c) and the name, registered trade name or registered trade mark of the importer and the postal address on which he/she may be contacted;
(e) if the importer is not established in the Netherlands: the information mentioned under c and d, and the trade name or trade mark and the name and place of establishment of the distributor;
f. the name and type of the item, the item number assigned to the manufacture by the manufacturer, which shall identify the fireworks and, in so far as the fireworks are classified in category F3, the production year of the product, fireworks, the registration number and product, batch or serial number of the product;
g. the minimum age for selling or otherwise making available the consumer fireworks, intended in Article 2.3.5 ;
h. the category, intended in Article 1A.1.3 , to which the consumer fireworks display belongs;
i. the NEM;
j. Instructions for use with such instructions and warnings that no injury or damage to the user and bystanders can occur in the course of such action.
2 Consumer Fireworks is also provided with the following information:
as far as category F1 is concerned, where appropriate: 'to be used exclusively outside the home' and a minimum safety distance;
in so far as they are category F2: 'to be used exclusively outside the home' and, where appropriate, a minimum safety distance (s);
as far as category F3 is concerned: 'to be used exclusively outside the home' and the minimum safety distance (s).
3 The first and second paragraphs shall not apply to low-size consumer fireworks, provided that such fireworks are in a primary packaging to which the information referred to in paragraphs 1 and 2 has been presented. The information referred to in points (c), (d) and (e) of the first paragraph shall, where there is no reference to the fireworks, be indicated on a document accompanying the fireworks.
4 The information and the particulars referred to in paragraphs 1 and 2 shall be in the Dutch language, visible, legible, clear, understandable and indelible.
5 By way of derogation from the fourth paragraph, the indication and the information referred to in paragraphs 1 and 2 of the first and second Member States shall be made available to the consumer in another Member State of the European Union in the official language (s) of the European Union. of the country concerned.
This Article shall not apply to fireworks which, when taken within the territory of the Netherlands, are satisfied, in the judgment of our Minister, to the satisfaction of the fact that within 48 hours it is outside the territory of the Netherlands. The Netherlands will be brought. Where storage is referred to in the Article 1.1.4, third paragraph , it is read instead of "48 hours": two weeks.
7 Consumers ' Fireworks have also been provided with the information on fireworks decided on pursuant to Article 18 (1) (c) of the EC Directive on pyrotechnic articles. If the information referred to in the first sentence of the first sentence would differ from that of the first or second paragraph, it shall remain in those paragraphs to the extent that it is not applicable to that paragraph. The third and sixth paragraphs shall apply mutatis mutandis.
It shall be prohibited to prohibit fireworks which do not comply with the provisions of this Decision. Article 9.2.2.1 of the Environmental Protection Act laying down rules relating to consumer fireworks, to be marked: Suitable for private use.
1 The person driving a device, where consumer fireworks are stored, repackaged or edited, complies with the requirements set out in Annex 1, Section A, B and C , and to the safety distances applicable pursuant to Annex 3 . The person who drives the device shall ensure that the regulations are complied with.
2 If an establishment is up to a under Article 1.1, third paragraph, of the Environmental Management Act designated category, not only because fireworks are stored in them, an environment permit granted for the establishment is also applicable for the establishment, operation or change of the establishment, or change of the effect of, or change in, operation of the operation involves the storage of fireworks, in so far as they are set up, in effect or changing.
1 The competent authority may lay down measures to be taken in respect of an in Annex 1 '(B)' prescription provided that the requirement is specified.
2 The measures of measurement shall apply to any person who drives the establishment. The latter shall ensure that the measures are complied with.
3 The competent authority shall give an opinion on the management of the regional fire brigade within whose territory the establishment is wholly or essentially situated, on the draft of the decision setting out a measure of measurement.
4 The decision is communicated by notification in one or more day-, news-or house-to-house magazines.
1 The person setting up a facility in which a maximum of 10,000 kilograms of consumer fireworks is stored shall notify the competent authority in writing at least four weeks prior to its establishment. The competent authority shall immediately send a copy of the notification to our Minister and to the management of the regional fire brigade. The dispatch of the copy to Our Minister shall be sent by electronic means. A ministerial arrangement shall lay down detailed rules on the manner in which the copy is sent.
2 The first paragraph shall apply mutatis mutandis in relation to the change of an establishment, as referred to in Article 4 (2). Article 2.2.1 , and changing its operation.
3 In the case of notifications, please indicate:
a. the address and number of the establishment at the Chamber of Commerce,
(b) the name and address of the person who addresses or changes the establishment or changes its operation, and, if different, of the person who drives or will drive the establishment;
c. the nature and extent of the activities and processes in the establishment, including the amount of consumer fireworks in storage, expressed in kilogrammes of packed fireworks per (buffer) custody place,
d. the layout and execution of the establishment, specifying the boundaries of the premises of the premises, the location and the layout of the buildings, and the function of the spaces to be distinguished;
e. A scale of at least 1:10,000 scale, indicating the location of the device relative to the environment and equipped with a north arrow; and
f. the time at which the establishment or the change thereof will be brought into operation, or the change of operation of the device will be implemented.
4 The information referred to in paragraph 3 may not be supplied if the person who drives the establishment has already provided the competent authority and the competent authority may be deemed to have that information.
5 The person making the notification shall, where appropriate, indicate which of the information to be supplied pursuant to this Article has already provided it to the competent authority.
The competent authority shall transmit a copy of a notification as referred to in the Article 2.2.4, first paragraph And, on the other hand, a copy of an environmental permit granted to our minister.
It shall be prohibited to make consumer fireworks available for commercial purposes available to a person other than:
a. The person who drives a device as intended Article 2.2.1 ;
b. An economic operator established abroad whose business activity consists of trading fireworks and who is entitled to store or edit the fireworks, or, if the person concerned will ignuse the fireworks. They shall be entitled to take the fireworks into ignition.
1 It is prohibited to make consumer fireworks available to a private person.
2 The prohibition shall not apply to 29, 30 and 31 December except that, if one of these days is a Sunday, the prohibition shall also apply to that Sunday, in which case the prohibition of making the fireworks available shall not apply to that date on 28 December.
It is prohibited to make available more than 25 kilograms of consumer fireworks to a private individual per delivery. For the determination of the quantity of consumer fireworks, the weight of the fireworks is assumed to be unpacked.
It is prohibited to make consumer fireworks available to a private company at a place other than a sales space that meets the requirements of the Annex 1 rules and the rules laid down by the competent authority in accordance with Article 2.2.3 Custom-made measures.
It shall be prohibited to sell or otherwise make available to individuals any consumer fireworks display younger than:
In the case of category F1: 12 years,
In so far as they are category F2: 16 years;
As far as category F3: 18 years old.
The release of fireworks, other than commercial, shall be prohibited at any time other than between 31 December 6 6 p.m. and 1 January 2 00 of the following year.
The Articles 1.2.4 , 1.2.5 , 2.3.2 , 2.3.3 and 2.3.6 Not applicable to fop and screen fireworks.
1 Professional fireworks are provided with:
a. The designation: Not suitable for private use;
b. an indication or representation of the type of the fireworks showing clearly the expected effects during operation;
c. the name, registered trade name or registered trade mark of the manufacturer and one postal address on which contact with him can be contacted;
(d) if the manufacturer is not established in the territory of the European Union: the information given under (c) and the name, registered trade name or registered trade mark of the importer and the postal address on which he/she may be contacted;
(e) if the importer is not established in the Netherlands: the information mentioned under c and d, and the trade name or trade mark and the name and place of establishment of the distributor;
f. the name and type of the item, the registration number given by the manufacturer in the manufacture and the product, batch or serial number of the product and, in so far as the fireworks are classified in category F3 or F4, the product, batch or serial number of the product, and, production year of the fireworks;
g. the category, intended in Article 1A.1.3 , to which the professional fireworks belong;
h. the NEM;
i. Instructions for use with such instructions and warnings that no injury or damage to the user and bystanders can occur in the course of such action.
2 The packaging of professional fireworks has also been provided with the following information:
as far as category F2 is concerned: 'to be used exclusively outside the home' and, where appropriate, the minimum safety distance (s);
as far as category F3 is concerned: 'to be used exclusively outside the home' and the minimum safety distance (s);
as far as category F4 is concerned: 'to be used only by persons with specialised knowledge' and the minimum safety distance (s).
3 The first and second paragraphs shall not apply to professional fireworks of a small size, provided that such fireworks are in a package to which the information referred to in paragraphs 1 and 2 has been presented. The information referred to in points (c), (d) and (e) of the first paragraph shall, where there is no reference to the fireworks, be indicated on a document accompanying the fireworks.
4 The information and particulars referred to in paragraphs 1 and 2 shall be made in the Dutch, German, English or French languages, visible, legible, clear, understandable and indelible.
5 By way of derogation from paragraph 4, the indication and the information referred to in paragraphs 1 and 2 of this Article to professional fireworks which will be presented to a person with specialist knowledge in another Member State of the European Union, shall be provided, shall be in the official language or languages of the country concerned.
This Article shall not apply to fireworks which, when taken within the territory of the Netherlands, are satisfied, in the judgment of our Minister, to the satisfaction of the fact that within 48 hours it is outside the territory of the Netherlands. The Netherlands will be brought. Where storage is referred to in the Article 1.1.4, third paragraph , it is read instead of "48 hours": two weeks.
7 Professional fireworks have also been provided with the information that has been decided on professional fireworks pursuant to Article 18 (1) (c) of the EU Directive on pyrotechnic articles. If the information referred to in the first sentence of the first sentence would differ from that of the first or second paragraph, it shall remain in those paragraphs to the extent that it is not applicable to that paragraph. The third and sixth paragraphs shall apply mutatis mutandis.
1 The person driving a device, where professional fireworks are stored or processed for theatrical use, whether or not with consumer fireworks or pyrotechnic articles, complies with the requirements set out in the Annex. Annex 2 and to the safety distances applicable pursuant to Annex 3 .
2 The person who drives the device shall ensure that the rules are complied with.
1 The competent authority may lay down measures to be taken in respect of an in Annex 2 '(B)' prescription provided that the requirement is specified.
2 The measures of measurement shall apply to any person who drives the establishment. The latter shall ensure that the measures are complied with.
3 The competent authority shall give the administration of the regional fire brigade within whose territory the whole or main establishment is situated, to give an opinion on the proposed measures.
4 The decision is communicated by notification in one or more day-, news-or house-to-house magazines.
1 The person who drives a device as intended Article 3.2.1, first paragraph :
a. considers, in the judgment of the competent authority, to be adequately covered by insurance or otherwise financial security to cover liability, as referred to in Article 4 (1) of the book 6 of the Civil Code , which may give rise to the operation of the device;
(b) submit to the competent authority documentary evidence of the financial security lodged within a period prescribed for that purpose by the competent authority.
2 The security shall be at least € 5 000 000.00 per occurrence and per establishment and shall be maintained until the time of expiry of the environmental permit.
3 The insurance is closed to a financial undertaking which is responsible for the Law on financial supervision in the Netherlands, the company of insurer may exercise.
4 The first paragraph shall not apply in respect of the storage of fireworks by, or under the responsibility of, administrative bodies designated by Our Minister. The injured party shall have the rights of a governing body which does not have financial security as referred to in the first paragraph, the rights which it would otherwise have against the insurer under this Article, if the financial security is by Insurance would have been insured.
The competent authority shall transmit a copy of an environmental permit granted to our Minister.
1 It is prohibited to make available professional fireworks to any other person.
2 The prohibition shall not apply to the making available of professional fireworks to a person with specialist knowledge who is entitled to store or edit the fireworks or, if the person concerned dismay the fireworks. It is entitled to bring the fireworks to ignition.
1 Theatrical pyrotechnic articles shall bear:
a. The designation: Not suitable for private use;
b. an indication or representation of the type of the article showing clearly the expected effects during the operation;
c. the name, registered trade name or registered trade mark of the manufacturer and one postal address on which contact with him can be contacted;
(d) if the manufacturer is not established in the territory of the European Union: the information given under (c) and the name, registered trade name or registered trade mark of the importer and the postal address on which he/she may be contacted;
(e) if the importer is not established in the Netherlands: the information mentioned under c and d, and the trade name or trade mark and the name and place of establishment of the distributor;
f. The name and type of the item and the registration number assigned by the manufacturer to manufacture and the product, batch or serial number of the product;
g. the category, intended in Article 1A.1.3 , to which the article belongs;
h. the NEM;
i. Instructions for use with such instructions and warnings that no injury or damage to the user and bystanders can occur in the course of such action.
2 On pyrotechnic articles for theatrical use, the following information must also be provided: as far as category T1 is concerned: where appropriate: 'to be used exclusively outside the home' and the minimum safety distance; in so far as it is concerned: Category T2: 'to be used exclusively by persons with specialised knowledge' and the minimum safety distance (s).
3 The first and second paragraphs shall not apply to pyrotechnic articles for theatrical use of a small size, provided that those articles are in a package to which the particulars referred to in paragraphs 1 and 2 have been presented. The data referred to in points (c), (d) and (e) of the first paragraph shall, where the pyrotechnic article for theatrical use is not mentioned, be included in a document attached to the theatrical pyrotechnic article.
4 The information and particulars referred to in paragraphs 1 and 2 shall be made in the Dutch, German, English or French languages, visible, legible, clear, understandable and indelible.
5 By way of derogation from paragraph 4, the designation and data referred to in paragraphs 1 and 2 of the first and second paragraphs shall be drawn up for theatrical use of theatrical use which will be sold in another Member State of the European Union in the official language of the Member State of the European Union. Languages of the country concerned.
This Article shall not apply to pyrotechnic articles for theatrical use which, at the time of entry into the territory of the Netherlands, are satisfied to the satisfaction of our Minister to the satisfaction of the latter within 48 hours of the use of pyrotechnic articles. They will be brought back outside the territory of the Netherlands. Where storage is referred to in the Article 1.1.4, third paragraph , it is read instead of "48 hours": two weeks.
7 Theatrical use pyrotechnic articles shall also be provided with the information decided pursuant to Article 18 (1) (c) of the EU Directive on pyrotechnic articles in respect of those articles. If the information referred to in the first sentence of the first sentence would differ from that of the first or second paragraph, it shall remain in those paragraphs to the extent that it is not applicable to that paragraph. The third and sixth paragraphs shall apply mutatis mutandis.
1 Packaged theatrical fireworks are packaged and packed in such a way that, according to Annex A of the ADR, they can only be regarded as articles of Class 1.4G or 1.4S as defined in Annex A of this Regulation.
This Article shall not apply to theatrical fireworks which, at the time when they are brought within the territory of the Netherlands, are satisfied, in the judgment of our Minister, that within 48 hours they are returned outside the territory of the Netherlands. of the Netherlands. Where storage is referred to in the Article 1.1.4, third paragraph , is read instead of 48 hours: two weeks.
1 The person driving an establishment where pyrotechnic articles for theatrical use are stored or otherwise worked together with consumer or professional fireworks or professional fireworks, complies with the requirements set out in Annex II to the Regulation (EC) No 917. Annex 2 and to the safety distances applicable pursuant to Annex 3 .
2 By way of derogation from paragraph 1, the person driving an establishment where theatrical fireworks are stored together with personal or consumer fireworks shall meet the requirements set out in Annex II to the Regulation (2). Annex 1 and to the safety distances applicable pursuant to Annex 3 .
3 The first and second paragraphs shall not apply where there is a storage of only theatrical fireworks of a maximum quantity of 25 kilograms or more; and Activity decision on the environment applies to that storage or to the environment permit, a prescription is connected, the contents of which correspond to Article 4.11 of the Environmental Management System .
For the purpose of determining the quantity of the articles referred to in paragraph 3, the weight of the articles shall be deemed to be unpacked.
5 The person who drives the device shall ensure that the rules are complied with.
The Articles 3.2.2 , 3.2.3 and 3.2.4 shall be applicable mutatis mutandis.
1 It shall be prohibited to make available theatrical pyrotechnic articles for theatrical use.
2 The prohibition shall not apply to the making available of theatrical pyrotechnic articles to a person with specialized knowledge entitled to store or edit the fireworks, or, if the person concerned has the right to do so. Fireworks will lead to ignition, and the fireworks are entitled to ignuse.
1 With the exception of the situation referred to in Article 2.3.6 , it is prohibited to release, to build, to install, to edit, or after the use of a licence granted without a licence or of a licence issued for that purpose, or to release professional fireworks or pyrotechnic articles for theatrical use for the purpose of making it remove ignition.
2 Our Minister shall decide on an application for an application for an application.
3 The requirement of application shall be subject to the requirement that:
a. Prior to ignition of fireworks or pyrotechnic articles for theatrical use, consent has been obtained by the applicant from the province in which the articles are to be ignited and the articles are to be ignited; and the requirements relating to the authorisation are complied with;
b. The fireworks to be ignited and the theatrical pyrotechnic articles to be ignited shall come from an establishment as referred to in the Annex. Article 2.2.1, first paragraph , 3.2.1, first paragraph , or 3A.2.1, 1st Member , or a device with respect to which the Article 4.11, first paragraph, of the environmental management measures shall be subject to the obligation laid down, or directly from foreign countries.
4 The application authorization shall also be subject to rules in the interest of protecting human health and the environment. It may be subject to restrictions.
5 The person to whom an application permit has been granted shall comply with the rules referred to in paragraphs 3 and 4 of this paragraph.
6 The application authorisation expires at the time when the validity of the certificate of competency, intended in Article 3B.2, second paragraph, point (c) -It's over. If the application authorization is granted to an undertaking, the application authorization shall also expire at the same time that no person to whom a certificate of competence is covered by a certificate of competence or certificate of professional competence or certificate of competence or certificate Article 4.9, second paragraph, of the Working Conditions decision , has been issued, is more effective for the company.
1 The application for an application for an application shall be submitted by electronic means. By way of derogation from Article 2:15, 1st and 2nd member, of General Law governing law the competent authority shall receive an application submitted by electronic means.
2 In case of application, the applicant shall provide the following particulars and documents by electronic means:
(a) his name, address, date of birth and place of birth and, where appropriate, the name and address of the undertaking concerned;
(b) information showing that the operations covered by the application are carried out by business;
c. a copy of a valid certificate of competence specified in Article 4.9, second paragraph, of the Working Conditions decision , which has been issued to the person by whom or under whose constant supervision the actions to which the application relates are being carried out and which relates to those acts;
d. the acts and types of fireworks or pyrotechnic articles for theatrical use to which the application relates;
e. a statement of conduct as intended in Article 28 of the Law and Criminal Justice Act on himself, who is not older than six months.
3 The applicant states, in the judgment of the competent authority, in the application, in a sufficient manner, by insurance or otherwise financial security to cover the liability, referred to in the book 6 of the Civil Code as regards the transactions referred to in point (b) of the first paragraph.
4 The security shall be at least € 2 500 000.00 per occurrence and shall be maintained in any case until the time of expiry of the authorisation. Article 3.2.3, third paragraph , shall apply mutatis mutandis.
5 A statement of conduct issued by a competent authority in another Member State of the European Union or in a State shall be treated in the same way as a declaration of conduct as referred to in point (e) of the second paragraph. which is a Member State of the European Union, which is a party to a Convention which binds the Netherlands or, to that effect, which binds the Netherlands, on the basis of investigations or documents providing a level of protection at least equivalent to that of the Netherlands. level of protection provided by national investigations or documents, provided that such protection Declaration not older than six months.
6 The applicant may provide the particulars and documents referred to in the second paragraph in a written manner, provided that the competent authority has given its consent.
7 In the case of ministerial arrangements, detailed rules shall be laid down regarding the way in which an application is submitted by electronic means.
1 The withdrawal period may be refused in the interests of the protection of human health and the environment.
2 The protection of human health and the environment may be subject to requirements for fire-fire protection. The rules may derogate from rules laid down in the scheme, referred to in Article 3B.7 .
3 The person to whom the authorisation has been granted is obliged to comply with the rules referred to in paragraph 2.
1 The application for a de-fire-authorisation shall be submitted by electronic means. By way of derogation from Article 2:15, 1st and 2nd member, of General Law governing law the competent authority shall receive an application submitted by electronic means. The application may cover multiple events or performances involving the ignition of fireworks or pyrotechnic articles for theatrical use, provided that such events or performances take place within the same municipality, and within a period of not more than one year.
2 In case of application, the following particulars and documents shall be provided electronically:
a. Data relating to the date, time and place of ignition;
b. a copy of the application permit granted to the applicant;
c. a copy of the Article 3B.2, second paragraph, point (c) , certificate referred to;
d. a target range containing an overview of the items to be applied and by category of articles the following information:
-the number,
-the description of the article,
-the manufacturer of the article,
-the item number,
-information showing whether the article concerns consumer fireworks, professional fireworks or a theatrical pyrotechnic article,
-the gross weight of the article in kilogrammes,
-the caliber,
-the maximum effect of the article in a vertical direction,
-particulars showing the presence of a shear drawn up or a shear-mounted article, and
-the distance from safety to the public which will be observed in the event of fire-burning,
e. If there is an open-air fire, an actual situational account, which shall be indicated:
-the building site,
-the location of the exit point, with the arrangement of the articles to be drawn,
-the surrounding buildings,
-the safety distances,
-the deposits of the danger zone during construction and ignition,
-the seat of the public, and
-the flight paths.
f. if roads are located in the danger zone, a consent of the mayor within whose municipality the articles will be ignited, for setting off those roads or, if it is on their own way, a consent of the the owner of the road for setting off the road;
g. a description of special circumstances.
3 Where application is given to the first paragraph, third sentence, the application shall be made by event or presentation, and the particulars and documents referred to in points b to g shall be given, and the date of application shall be the date of the application. and the time of the ignition does not have to be provided.
4 The applicant may provide the particulars and documents referred to in the second paragraph in a written manner, provided that the competent authority has given its consent.
5 Member States shall forward to the mayor, without delay, a copy of the application to the mayor whose municipality the fireworks or the pyrotechnic articles for theatrical use are to be ignited.
In order to give an opinion to the governing bodies and bodies, the following governing bodies and bodies shall be required to submit to the Member States deputised for the fire-raising procedure:
a. Our Minister,
b. the relevant provider of an air traffic service as intended in the Aviation Law , in so far as the self-propelled fireworks or self-mounting pyrotechnic articles for theatrical use are to be ignited in the open air within 15 kilometres of an airport,
c. the management of the regional fire brigade within whose area the fireworks or the pyrotechnic articles for theatrical use will be ignited; and
d. the Mayor of the municipality adjacent to the municipality where the fireworks or the pyrotechnic articles for theatrical use will be ignited, provided that the articles can have effect within his congregation.
7 Deputed states do not grant a fire-fire to the mayor within whose municipality the fireworks or pyrotechnic articles for theatrical use are to be ignited within two weeks of the receipt of the fire. has declared a copy of the application against the granting of the security clearance, or if the mayor has informed, within that time limit, that he has received the application for the application of the aid cannot assess within that period, that declaration has been given within four weeks of receipt of the application. If the mayor has not declared any reservations within the applicable time limit, he shall be deemed not to have any reservations.
8 The Member States deputed for the office shall send without delay a copy of the refire to our Minister, to the Mayor referred to in paragraph 6 (d) and to the management of the regional fire brigade referred to in paragraph 6 (c). This shipment is done as much as possible and in any case to our Minister by electronic means.
9 With application of Article 28, first paragraph, final phrase, of the Services Act is Section 4.1.3.3 of the General Law on administrative law does not apply to the application for a fire-fire call.
10 The person to whom a de-fire permission has been granted for multiple events or performances shall report no later than five working days prior to each event or representation of the province in which the event or event is to be taken. performance will take place, the date and time of the building of the fireworks and the pyrotechnic articles for theatrical use and the date, time and place of the discharge of those articles, with reference to the date and attribute of that consent. Member States shall forward a copy of the notification to the governing bodies and bodies referred to in the eighth paragraph without delay. This shipment is done as much as possible and in any case to our Minister by electronic means.
11 By ministerial arrangement, detailed rules on how an application as referred to in paragraph 1 shall be submitted by electronic means and a copy of a fire protection vote as referred to in paragraph 8 shall be laid down. and a notification referred to in the 10th paragraph shall be transmitted by electronic means.
1 By way of derogation from Article 3B.1, third paragraph, point (a) , the person to whom an application licence has been granted may be:
a. To bring up to a maximum of 20 kilograms of theatrical fireworks into ignition, or
b. to bring up a maximum of 200 kilograms of consumer fireworks to ignition,
Prior to ignition, it shall be sufficient to report to Member States of the province in which the articles are to be ignited.
2 For the purpose of determining the quantity of consumer fireworks or fireworks referred to in paragraph 1, the weight of the articles as unpacked consumer firecrackers shall be based on unpacked theatrical fireworks on the same page.
3 The Member States who have been deputed for shall send a copy of the report without delay to the management of the regional fire brigade within whose territory the articles are to be ignited, to the mayor of the commune in whose commune the articles are to be published. will be brought to the ignition and to our Minister. This shipment is done as much as possible and in any case to our Minister by electronic means.
4 The person wishing to fire up the consumer fireworks or theatrical fireworks shall ensure that the notification is received by the Member States at least two weeks before the articles are ignited.
5 By way of derogation from paragraph 4, the Member States may, after consultation with the mayor and the administration, referred to in paragraph 3, permit a shorter period of time in special circumstances for the notification.
6 Article 3B.3a, first paragraph, first and second sentences, second, fourth and 11th members , shall apply mutatis mutandis to a notification referred to in the first paragraph.
1 The application permit may be amended or withdrawn.
2 The Articles 2.30, first paragraph , Point 2.31, first paragraph, point (b) and (b) (b) (b) , 2.33, first paragraph, points (a) and (b) and (d) (b) and (d) (2) , 3.15 and 5.19, 4th paragraph, of the General Provisions Act shall be applicable mutatis mutandis.
1 The person to whom an application licence has been granted shall keep a register stating:
a. the person or persons to whom a certificate of professional competence has been issued as intended Article 4.9, second paragraph, of the Working Conditions decision , and by whom or under whose supervision business operations are carried out with fireworks or pyrotechnic articles for theatrical use, as intended: Article 3B.1, first paragraph ;
(b) persons who, under the supervision of the person or persons referred to in subparagraph (a), engage in activities involving fireworks or theatrical pyrotechnic articles as intended for use in theatre. Article 3B.1, first paragraph ;
c. Events and performances, where fireworks or pyrotechnic articles have been ignited for theatrical use, and the types and quantities of fireworks or pyrotechnic articles used for theatrical use in this process, being ignited Kilogrammes and the refuse collectors, indicating the item numbers assigned by the manufacturer in the manufacture to be used for the identification of fireworks or theatrical pyrotechnic articles;
d. Unusual occurrences which occurred during the ignition of fireworks or pyrotechnic articles for theatrical use.
2 The register shall be updated within two working days of a change or after an event or a performance.
3 The information shall be recorded in such a way that, during the period covered by the registration obligation pursuant to paragraph 4, if Our Minister or Member States of the province which granted the licence, the Requests that the information be produced in writing within eight hours.
4 The data referred to in paragraph 1 shall continue to be recorded at least for the duration of seven years after the fixation of the recording period.
5 The person to whom an application permit has been granted reports an unusual occurrence as referred to in paragraph 1 (d) without delay to the province in which the fireworks or the pyrotechnic articles for theatrical use up to Ignition is provided.
Ministerial rules lay down rules relating to the ignition of fireworks and pyrotechnic articles for theatrical use.
1 The safety distances referred to in Annex 3 In so far as they are to be complied with in the adoption of a decision as provided for in Article 4.2 'Limit value' means 'limit' Article 5.1, third paragraph, of the Environmental Management Act .
2 If the quality of an area for which the safety distance is to be complied with is better than the limit value, the quality of that area shall not replace the limit value.
1 The competent authority shall take the Annex 3 Set of distances in eight to:
a. To establish a destination or entry plan or a management regulation as referred to in Article 3.1 , 3.26 or 3.28 , below Article 3.38 of the Spatial Planning Act ;
b. Modiing a zoning plan according to Article 3.6 (a) of that Act .
2 Deputed states take the Annex 3 provided the required distances in eight when granting or amending an environmental permit.
3 The second paragraph shall not apply in respect of establishments as referred to in point Article 1.1.4 .
4 By way of derogation from the first and second paragraphs, the competent authority may be a smaller distance from the one mentioned in paragraph 2. Annex 3, point 1.3 , to be determined, if the relevant act relates to:
a. An establishment where theatrical fireworks are stored or otherwise worked together with consumer fireworks,
b. An establishment where more than 10 000 kilograms of consumer fireworks are stored, repackaged or processed; or
(c) the destination of land, to the extent that the land is situated within the area of influence of an establishment referred to in point (a) or (b);
where the environmental permit for the establishment concerned is subject to such requirements:
1 °. the heat radiation resulting from fire in that device involving fireworks or pyrotechnic articles for theatrical use to persons who cease to be outside a building which is part of a restricted vulnerable object, vulnerable object or projected restricted fragile or vulnerable object is limited to a maximum of 10 kW/m 2 , and
2 °. the resistance to fire stroke and fire report between the doorway of a custody place or a buffer storage facility and a building, if that building is a limited vulnerable object, vulnerable object or projected limited vulnerable or vulnerable object is, not less than 60 minutes.
1 Where a zoning plan applies to the area in question, the security distances shall be valid, unless otherwise specified in: Annex 3 otherwise indicated, from the external separation structure specified in Article 1.1 of the Construction Decision 2012 , from the building where fireworks are stored or edited inside a device as intended Article 2.2.1 , 3.2.1 or 3A.2.1 -... to the destination border.
2 If a zoning plan for the relevant area is missing, the security distances shall apply, unless otherwise specified in: Annex 3 otherwise indicated, from the external separation structure specified in Article 1.1 of the Construction Decision 2012 , of the building referred to in the first paragraph, up to the ownership limit of the area belonging to the restricted or vulnerable object.
3 By way of derogation from the first paragraph, the safety distances shall be limited to 10 metres from the restricted or vulnerable object or the projected restricted or vulnerable object, if:
a. the object is a building, other than a building intended for the stay, whether or not for part of the day, of minors, the elderly, the sick or the disabled or an office building is, not being a vulnerable object, and the border of the construction strip is more than 10 metres from the destination boundary;
b. The object is a trailer, which is or may be placed more than 10 metres from the frontier of the area intended for residential wagons.
4 If no construction voucher is specified in the zoning plan, the security distances shall be valid up to the destination boundary.
5 By way of derogation from the second paragraph, safety distances of up to 10 metres shall apply from the restricted or vulnerable object, if:
a. the object is a building, other than a building intended for the stay, whether or not for part of the day, of minors, the elderly, the sick or the disabled or an office building is, not being a vulnerable object, and the object more is located at 10 metres from the ownership line of the area concerned;
b. The object is a trailer, which is more than 10 metres from the ownership line of the plot or area designated for residential cars.
6 By way of derogation from the first to fifth paragraph, the safety distances shall be valid unless: Annex 3 otherwise indicated, from the external separation structure specified in Article 1.1 of the Construction Decision 2012 , of the building referred to in the first paragraph, up to the berth of a residential ship.
Repealed:
a. the Fireworks Act, Environmental Hazardous Substances Act;
b. the Decision storing fireworks in the environment;
(c) The Rules of Procedure Dangerous Substances;
d. the order of the Secretary of State for Transport and Water State of 6 November 1979 laying down rules for the delivery of explosive substances;
e. the scheme of the Secretary of State for Transport and Water State of 17 March 1980, prohibiting the use of explosives for the purpose of the clearance of the cleaning service;
f. the waiver of the Rules of Procedure of Hazardous Substances of the State Secretary at Transport and Water State of 19 December 1985;
g. the Regulation of the Minister for Transport and Water State of 20 December 1990, authorizing the delivery, attendance and use of fireworks for delivery;
h. The Interim Decision shall amend and deliver professional fireworks Wms;
i. the Interim Arrangement appointing supervisory officials to use Interim Decision to use fireworks and professional fireworks Wms.
Further requirements, as set out in Article 2.2.3 or 3.2.2 , as well as consents, granted under Regulation 1.8 of Annex 1 Those intended for an establishment immediately before 1 July 2012 shall be deemed to be effective and irrevocable shall be treated in the same way as the measures to be taken.
1 An authorisation as referred to in Article 3B.1, first paragraph , which shall be effective and irrevocable immediately before 1 July 2012 shall be treated in the same way as an application for an application.
2 A consent as referred to in Article 3B.1, third paragraph, point (a) , which shall be effective and irrevocable immediately before 1 July 2012 shall be treated in the same way as a de-fire-authorisation vote.
1 The law as applied immediately before 1 July 2012 shall continue to apply to:
(a) the preparation and adoption of the decision on an application for authorisation as intended Article 3B.1, first paragraph , or a consent as intended in Article 3B.3, third paragraph , or an application for a decision to amend or withdraw it, if an application has been made before that date;
(b) the preparation and establishment of an ex officio decision to amend or revoke a licence as referred to in Article 4 (2). Article 3B.1, first paragraph , if, before that date, the draft decision has been communicated by analogy with the Article 3:19, second paragraph, parts b and c of the General Administrative Law Act ;
c. a permit as specified in Article 3B.1, first paragraph , or a consent as intended in Article 3B.3, third paragraph , or a decision to amend or withdraw it, which is not yet irrevocable.
2 In cases referred to in paragraph 1, the following shall be added:
(a) an authorization or authorisation equivalent to an application for an application for an application for an application for an application for a non-refire
(b) a decision to amend an authorization or authorisation equivalent to a decision amending an application for an application for an application for an application for an application for an application for an application for an application for a change in the
at the time at which the decision in question became final.
A notification that has been made on the basis of Article 3B.4 , as that article was worded immediately before 1 July 2012, reserves its validity to four weeks after that date.
1 The Articles 1A.1.3 to 1A.4.1 and 3A.1.1 such as those in place before 1 July 2015, first of all, with effect from 4 July 2013, for fireworks belonging to category F4 and pyrotechnic articles for theatrical use.
2 To 3 July 2017, professional fireworks shall include fireworks which do not belong to category F1, F2 or F3, and do include:
a. Professional fireworks as intended in Article 1.1.1 of the Firework Decision, as was the subject of this Article by the date of 3 July 2010,
b. Fireworks intended for private use as intended Article 1.2.2, seventh paragraph , or
c. The fireworks of which the destination cannot be determined.
3 Article 3.1.1 of the Firework Decision, as that article was worded as of 3 July 2010, shall remain applicable until 3 July 2017 to professional fireworks as referred to in the second paragraph.
4 To 3 July 2013, the placing on the market of fireworks belonging to category F4 and of pyrotechnic articles for theatre use belonging to category T1 or T2 shall be permitted only in accordance with the articles of this Decision. First member, or Article 3.1.1 , as that article ushered on 3 July 2010.
5 Fireworks placed on the market in the Netherlands before 4 July 2010 and meeting the requirements for consumer fireworks set out in or under the Firework Decree in force on 3 July 2010 may be traded in the Netherlands until 3 July 2014 or used in accordance with that Decision.
6 Fireworks which have been placed on the market in the Netherlands before 4 July 2013 and meet the requirements for professional fireworks set at or under the Fireworks Decree as applicable on 3 July 2010 may be published in the Netherlands until 3 July 2017 traded or used in accordance with that Decision.
7 Theatrical use of fireworks and pyrotechnic articles complying with this Decision as immediately prior to the entry into force of the Decision of 8 September 2015 amending the Fireworks Decision implementing Directive No 2013 /29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast) (PbEU L 178) and Implementing Directive 2014 /58/EU of 16 April 2014 of the Commission on the establishment of a traceability system for pyrotechnic articles pursuant to Directive 2007 /23/EC (PbEU L 115) (Stb. 2015, No 332), which were placed on the market before that date, may also be offered on the market after that date.
8 Conformity certificates issued pursuant to Directive 2007 /23/EC of the European Parliament and of the Council of 23 May 2007 concerning the placing on the market of pyrotechnic articles are valid under the EU Directive on pyrotechnic products. articles.
1 Licence issued on the basis of Article 3.3.2 of the Fire Working Decision, as applied until 3 July 2010, is considered to be a licence under Article 3B.1, first paragraph -Of the Firework Order.
2 A consent as referred to in Article 3.3.2, third paragraph, point (a) , of the Firework Decree, as this was in force until 3 July 2010, after that date is designated as a consent as intended Article 3B.1, third paragraph -Of the Firework Order.
3 A licence as referred to in paragraph 1 and a consent as referred to in paragraph 2 shall also apply to fireworks and theatrical pyrotechnic articles.
1 The Articles 3.3.2 , 3.3.3 and 3.3.4 of the Firework Decree as applicable until 3 July 2010, shall continue to apply to applications submitted for the following Decisions submitted before 4 July 2010 until they become irrevocable:
(a) a decision on the granting, amendment or withdrawal of an authorisation to ignuse, to be established, to be installed, to be installed, or after ignition of professional fireworks, or after ignition;
(b) a decision on the granting, modification or withdrawal of an authorisation to ignuse for the purpose of building, installing, editing or removing, after ignition, professional fireworks.
2 Article 5.3.6 shall apply mutatis mutandis.
A certificate of competence as referred to in Article 4.9, second paragraph, of the Working Conditions decision , issued to the holder of a licence as intended for 4 July 2010. Article 3B.1 , where it relates to or includes professional fireworks, including for consumer fireworks and theatrical pyrotechnic articles.
This Decision shall be based on the Articles 9.2.1.4 , 9.2.2.1 and 9.2.3.2 of the Environmental Protection Act .
Our Minister designates a translation of Annex A to the ADR or provides a translation and interpretation of the translation of the translation into the Official Gazette.
The articles of this Decision shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts thereof.
This decision is cited as: Fireworks decision.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 22 January 2002
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
J. P. Pronk
Published the twenty-ninth January 2002The Minister of Justice,
A. H. Korthals
1. in this Annex, the following definitions shall apply:
a. automatic sprinkler system: Fixed line system equipped with sprinklers (sprays) which are closed by a heat-sensitive element or a system of sprinklers or sprinklers (deluge) driven by an automatic detection system, that in the event of a fire addressed, causing the sprinklers to spread water;
b. Retention: decided space, intended for the storage of packaged consumer fireworks;
c. Fire-resistance of construction parts: time expressed in minutes, during which a building's component of a building, other than a door, hatch or window structure, continues to function when heating, as set out in the EN 6069 edition 2005;
ed. Fire-resistance of door, hatch and window structures: time, expressed in minutes, during which door, hatch and window structures provide resistance to succumb and flame closed in case of fire, determined according to the fire protection criteria EI1 of NEN 6069, 2005 edition;
e. buffer custody place: decided space, where packaged consumer fireworks are taken from the transport packaging for assemting fireworks or orders for a customer and for the closing of unpacked consumer fireworks, whether or not with packed consumer fireworks;
f. Domino effect: effect that the risks of an accident occurring in the establishment or its consequences beyond the establishment may be greater than on the basis of individual quantities of fireworks and dangerous substances present in a facility;
g. dangerous substance : a substance or object whose transport is prohibited under the ADR, or which is authorised only under conditions laid down therein, or substances, materials and articles referred to in the International Maritime Dangerous Goods Code;
h. IN : standard issued by the Netherlands Standards Institution;
i. NPR 7910- 2: Hazard zone classification related to explosion hazard; part 2: Stofexplosion hazard, based on NEN-EN-IEC 61241-1-: 2004, 2008 issue;
j. Sales space : confined space or part of a confined space where delivery of consumer fireworks displays to private individuals;
k. memorandum no. 60 : Memorandum on rules applicable to sprinkler, fire and discharge alarms in fireworks storage areas and sales rooms for consumer fireworks included in the 'Automatic Sprinkler system' Regulations, including clarification, adopted on 2 September 2005, and issued on 26 September 2005 by the Centre for Crime Prevention and Security;
l. Fire protection system: automatic sprinkler system and fire-burning plant;
m. fire-compartment: fire compartment as specified in the Building decision 2012 ;
n. Fire melting plant: assembly of detectors, cabling, a fuel control centre and a forward milk plant, necessary for the detection of a fire, the reporting of fire and steering signals for other installations;
o. Output untendocument: document describing all the architectural, organisational and installation technical requirements for the areas and locations to be secured with sprinklers.
2. To the extent that an NEN standard or NPR Directive referred to in a prescription relates to the execution of constructions, devices and equipment, the standard issued before 1 July 2012 shall be the one with the following until that date. Additions or corrections sheets issued or-in so far as the existing structures, equipment and apparatus already exist-are the standard applied for the construction or installation of such structures, appliances and equipment; unless otherwise provided for in the regulation.
3. The standards and requirements set out in point A, point 1 (k) of this Annex, point (1) (c), (d) and (i), shall be treated in the same way as those laid down in another Member State of the European Union or in a State other than a Member State of the European Union, which is a party to a Treaty which is binding on the Netherlands, or which is binding on the Netherlands, and which guarantees at least an equivalent level.
4. The inspection body accredited by the Foundation Board for Accreditation referred to in point B of this Annex shall be deemed equivalent to an inspection body accredited by an institution in another Member State. from the European Union or in a State other than a Member State of the European Union, which is a party to a Treaty which is binding on the Netherlands, or which is binding on the Netherlands, and which fulfils at least an equivalent level.
(5) In this Annex, theatrical fireworks shall be treated in the same way as consumer fireworks, unless otherwise specified in the regulation.
6. In the case of Ministerial Regulations, the version of the Memorandum of Understanding shall be determined. 60 should be applied, or a document should be designated, to be used instead of the Memorandum.
(7) For the definitions of fire integrity of building parts and of door, hatch and window structures, instead of 'NEN 6069, edition 2005', read 'NEN 6069, Edition 1991' to the extent that the provisions of this Annex relate to construction parts. or door, hatch and window structures established for 1 July 2012.
1.1 The requirements of this Annex shall not apply to light and screen fireworks, provided that there is no more than 200 kg of fop and screen fireworks within the device.
1.2 At the time of establishing the quantities of fireworks referred to in this Annex where more than 200 kg of fop and screen fireworks are present, 10 kg of fop and screen fireworks shall be equivalent to 1 kg of consumer fireworks.
1.3 Consumer Fireworks are, except during internal transport, only present in the designated storage space, buffer storage area and sales space and only in quantities, at those times and in the manner specified in the regulations. with regard to the space concerned. Consumer fireworks shall be stowed immediately after delivery in the (buffer) storage area, where the means of transport with which the consumer fireworks display is supplied is not left unattended, unless the means of transport is located at a unauthorized persons closed off site.
1.4 The person who drives the establishment has the persons working in its establishment who are responsible for the sale of consumer fireworks, the preparation of fireworks, and the placing in the place of storage or the taking-off of consumer fireworks, a written instruction which seeks to exclude conduct of conduct on the part of the person concerned, which may have the effect of breaching a rule or measure of measurement, and which is aimed at having instructed the above persons to the danger of consumer fireworks and the mode of fire fighting in case of Calamities.
1.5 Cases or damaged consumer fireworks is immediately resurrected. Damaged consumer fireworks are kept in a package that is antistatic and strong and is strong that the packaging is resistant to any normal treatment. Damaged firecrackers are kept in the buffer storage area or, if no buffer storage site is present, in the custody place. The packaging is marked with "BERGING". A potentially explosive or pyrotechnic substance is wetted with water, unless this leads to unwanted reactions, carefully cleaned up and stored in the same way as cases or damaged consumer fireworks.
1.6 A safety symbol identifying the explosion hazard shall be affixed to the access door of all premises where consumer fireworks are present. This is used in the Annex XVIII to the Arbeidsomstandigitsscheme recorded plates.
1.7 The device must not smoke in the device and must not be fire or open flame. Each entrance to the establishment has a prohibition sign that meets the intrinsic characteristics of the system. Annex XVIII to the Arbeidsomstandigitsscheme included prohibition sign showing that fire, open flame and smoking are prohibited.
1.8 All rooms for which consumer fireworks may be present are located on the ground floor. By way of derogation, the competent authority may, by means of a measure, provide that, subject to the conditions laid down, consumer fireworks may also be present in a basement or on the first floor, if such spaces are considered by the competent authorities. be sufficiently accessible and accessible for the purpose of firefighting. Before making such a decision, the competent authority shall give an opinion on the management of the regional fire brigade within whose territory the establishment is wholly or essentially situated.
1.9 The distance from space where the consumer fireworks display may be present to light or highly flammable substances and pressure receptacle, with the exception of fire extinguishing agents, is at least 5 m. In the space where the delivery of consumer fireworks takes place, no light or very light flammable substances and pressure-holders, with the exception of fire extinguishing agents, are allowed to be present.
1.10 In the custody place and the buffer storage facility, the equipment used and the installations comply with the requirements for zone 22 mentioned in NPR 7910-2. The maximum permitted surface temperature is 100 °C.
1.11 In order to allow a fire to be extinguished within a reasonable time, a device shall have one or more fire hose reels, having the following conditions satisfied:
a. The number of fire hose reels is such that the walking distance between a fire hose reel and any point of the floor of the device is not greater than the length of the hose, plus 5 m. In determining walking distance, a construction part, not a construction construction, is disregarded;
b. in determining the walking distance, the walking distance is located in a residence area, as intended in the Building decision 2012 , multiplied by 1,5;
c. A fire hose reel is connected to a supply for tap water and is not located in a flight stairwell;
d. A fire hose reel has a length of not more than 30 m and has a static pressure of not less than 100 kPa and a capacity of 1,3 m 3 /h, in the case of simultaneous use of two fire hose reels which are connected to the same supply for tap water.
The competent authority may impose additional requirements on the number of flame-hose reels and the situation of the fire hose reels in the event of a measure of measurement.
1.12 A fire hose reel is always available for immediate use and can be reached unimpeded. A fire hose reel is checked annually by an expert for its soundness.
1.13 The unloading of a vehicle with consumer fireworks shall not be carried out simultaneously with the unloading of a fuel tank with motor fuels, unless the vehicle is situated more than 25 metres away from the tanker truck.
2.1 The (buffer) storage area shall be treated as a fire compartment. The fire integrity of a (buffer) storage area shall not be less than 60 minutes. The fire integrity of a (buffer) storage area to another (buffer) storage area shall not be less than 120 minutes. In addition, the walls, floor and cover of a (buffer) storage area are made of masonry, concrete or cellenconcrete. Tubes of pipes are finished with the same fire integrity. Material other than masonry, concrete or concrete, can be used if the competent authority has decided that it achieves at least the same fire integrity and constructive firmness.
2.2 If the access doors of repositories, buffer repositories or sales spaces are adjacent to each other, the constructive separation shall be at least 300 mm between the access doors of the respective custody place, buffer-keeping place or sales space.
2.3 In the (buffer) storage area, no openings or windows shall be present in the walls and the cover, except for the access door, unless the ventilation openings in such a way that the integrity of the (buffer) custody place are in place are in place Regulation 2.1.
2.4 The access door of the (buffer) custody place:
-turns out,
-is self-closing,
-is constructed in such a way as to prevent effective pressure relief from being obstructed,
-is always reached unimpeded, and
-has a surface of up to 4 m 2 , except that the access door of a storage site for storing more than 10 000 kg of packed consumer fireworks displays a surface of up to 8 m 2 may have.
2.5 The door of the (buffer-) custody place is not:
-in a corridor, open bordes or portal forming part of a flight route, unless this flight route is ensured through several independent escape routes and is convenient to a safe place,
-in a space furnished as a protected escape route as intended for the purpose of Building decision 2012 ,
-in or near a cooker for a passenger lift, or
-In a sales room.
2.6 The separation structure between the room in which the door of the (buffer) storage area is located and the sales area has a fire integrity not less than 30 minutes and contains no more than the self-closing access door to the sales area Openings or windows that can be opened.
2.7 For the heating of the (buffer) storage area, only devices using water for the heat transfer shall be used. The maximum surface temperature of the heating equipment shall not be capable of surfacing 100 ° C.
2.8 If the access door to the (buffer) storage area can be reached via a site accessible to third parties at least 4 m of the access door shall be adequate (erf) separation from the access door so as not to allow unauthorised access to the access door. have to go to the terrain.
2.9 In the (buffer) custody place, no gas line or fuel line is located.
3.1 In the (buffer) storage area, no consumer fireworks and other goods may be present at the same time.
3.2 In the buffer storage place no other work may be carried out than:
a. The insertion or elimination of packaged or unpackaged consumer fireworks,
b. the unpacking and repackaging of consumer fireworks for assemting fireworks, or
c. editing of consumer fireworks.
This requirement shall not apply where the storage of fireworks does not take place.
3.3 No further work may be carried out in the custody place than the insertion or elimination of packed consumer fireworks. This requirement shall not apply where the storage of fireworks does not take place.
3.4 The door to the (buffer) custody should be kept closed, except for the time required for the insertion or exit of consumer fireworks.
3.4a By way of derogation from Regulation 3.4, the competent authority may, at the request of the person driving the establishment, determine by means of a measure such that doors may be opened in accordance with conditions to be set out in such a regulation.
3.5 The place of custody shall be arranged so that consumer fireworks or packing materials are not placed against the apparatus and pipes of an installation developing heat. The distance between equipment of such installations shall be at least 30 cm.
3.6 The (buffer) storage area is arranged so that visual inspection of consumer fireworks is possible, and the insertion and inclusion of fireworks is not obstructed. In an accessible (buffer) storage space, there shall therefore be at least one gangway with a width of at least 75 cm.
3.7 In the case of packed consumer fireworks, the maximum height of a pile is determined by the strength of the packaging material. The lower layers shall not be deformed or damaged by the weight of the higher layers, that the packaging material loses its function and protective effect.
4.1 During the opening hours of the store, no more than 500 kg of consumer fireworks are present during the authorised sales days for the sale of consumer fireworks per sales space. If more than one selling space is present, a maximum of one sales space per fire compartment may be available. Outside these times, no consumer firecrackers other than fop and screen fireworks shall be present in the premises and not more than 200 kg in total.
4.2 The consumer fireworks display contained in a sales space shall be stored in such a way that it is not at the reach of the public and that it is accessible to the water of the automatic sprinkler system.
4.3 The delivery of consumer fireworks will take place under the reach of the water from the automatic sprinkler system.
5.1 The place of storage, the buffer storage area and the sales space shall be equipped with an automatic sprinkler system. In the immediate vicinity of the storage facility, the buffer storage facility and the sales area, a fire melting plant is present.
5.2. The fire protection system shall be designed, constructed, produced and maintained in accordance with an output document drawn up in accordance with the provisions of Memorandum No. 60. The basic document document has been assessed by a NEN-EN-ISO/IEC 17020 type A inspection body accredited by the Foundation Board for Accreditation as regards conducting assessments and inspections regarding the fire protection installations on the basis of memorandum no. 60. With application of Article 28, first paragraph, final sentence of the Services Act is Section 4.1.3.3 of the General Law on administrative law does not apply to the application for accreditation as referred to in the second sentence. The basic document and the assessment by the inspection body have been approved by the competent authority before the construction of the fire protection system is started. The exit point document and the assessment by the inspection body shall be present within the establishment.
5.3 The custody place, buffer storage area and sales area shall not be put into service sooner than after an inspection body as referred to in Regulation 5.2 issued an inspection report indicating that the fire protection facility has been installed complies with the approved output untendocument. The inspection report, referred to in the first sentence, shall be present within the establishment.
5.4. Every 12 months after the construction of the fire protection system, an inspection body as defined in Regulation 5.2 shall assess whether the fire protection system is functioning and maintained in accordance with the requirements set out in Regulation 5.2. approved output untendocument. The inspection reports shall be present within the establishment. A custody place, a buffer store or a sales space shall not be used until the last inspection report prepared by the last document shows that a fire protection facility does not comply with the approved output document.
5.5 [ Red: Expated.]
5.6 The manner in which packaged or unpackaged consumer fireworks are stored does not adversely affect the functional operation of the automatic sprinkler system. To that end, the method of storage shall be at least in accordance with the principles on which the design of the automatic sprinkler system, as laid down in the basic document, is based on the design of the automatic sprinkler system. The competent authority may, by means of a measure, require the method of storage of packaged or unpackaged consumer fireworks.
5.7 Each five years from the approval of the basic document by the competent authority, that document shall be assessed by an inspection body as referred to in Regulation 5.2. The assessment shall in any event consist of an assessment of the principles and standards used in the basic document, in relation to the principles and standards used in the light of the current state of the art at the time of the assessment and in relation to the changes made.
5.8 On the basis of the assessment referred to in Regulation 5.7, the competent authority may decide to withdraw the decision on the approval of the basic untendocument.
6.1 If, from the doorway of the place of storage, the access door of the outlet or of another place of storage can be seen visually, measured from the doorway of the storage area to the doorway of the other compartment, the Next distance to be observed:
Size of the doorway of the storage site
distance between the de-uropenes
| from 0 m 2 Up to 4 m 2 |
20 meters |
| from 4 m 2 Up to 6 m 2 |
25 meters |
| from 6 m 2 Up to 8 m 2 |
30 meters |
If no more than 10 000 kg of consumer fireworks, other theatrical fireworks, may be stored in the device, a minimum of 8 metres must be taken into account by way of derogation from the previous sentence.
6.2 If, from the front door of the buffer store, the door access door, of a storage area or of another buffer store, can be visually observed, measured from the doorway of the buffer custody place to the The doorway of the other space, the following distance to be taken into account:
allowed quantity of consumer fireworks per buffer storage place
distance between the de-uropenes
| from 0 kg up to and including 1 000 kg |
20 meters |
| from 1 000 kg up to 2 000 kg |
25 meters |
| from 2 000 kg up to 3 500 kg |
30 meters |
| from 3 500 kg up to and including 5 000 kg |
35 meters |
If no more than 10 000 kg of consumer fireworks, other theatrical fireworks, may be stored in the device, a minimum of 8 metres must be taken into account by way of derogation from the previous sentence.
6.3 If the access door referred to in Regulations 6.1 and 6.2 cannot be visually observed and is not satisfied at the distances mentioned there, between the doorway of the repository shall be the buffer store and that place shall be: Access door sufficient for architectural facilities to prevent brandoting. The construction facilities, intended in the first sentence, are made by masonry or concrete or cellenic concrete and have a fire integrity not less than 60 minutes. Material other than masonry, concrete or concrete, can be used if the competent authority has decided that it achieves at least the same fire integrity and constructive firmness.
6.4 In order to avoid knock-on effects between rooms where consumer fireworks display may be present and other components of the establishment where dangerous substances may be present, from the (buffer) storage area, at least the in Annex 3, Part B, points 1.2 and 1.3 carried out safety distances. In order to avoid domino effects referred to in the first sentence, the power of the competent authority may require an internal safety distance greater than that resulting from the application of that sentence.
1. In an establishment where not more than 10 000 kg of consumer fireworks may be stored:
a. No more than two repositories may be present;
b. may be at most two buffer repositories and may contain up to 2 000 kg of consumer fireworks in each buffer store, regardless of whether the consumer fireworks are packed or unpackaged.
2. In an establishment where more than 10 000 kg of consumer fireworks may be stored:
a. A store of 50 000 kg of packed consumer fireworks may be stored per storage place;
b. may be at most two buffer repositories and may contain up to 5 000 kg of consumer fireworks in each buffer storage place, whether or not the consumer fireworks are packed or unpackaged.
1. in this Annex, the following definitions shall apply:
a. automatic sprinkler system: Fixed line system equipped with sprinklers (sprays) which are closed by a heat-sensitive element or a system of sprinklers or sprinklers (deluge) driven by an automatic detection system, that in the event of a fire addressed, causing the sprinklers to spread water;
b. Retention: decided space, intended for the storage of packaged fireworks;
c. Fire-resistance of construction parts: time expressed in minutes, during which a building's component of a building, other than a door, hatch or window structure, continues to function when heating, as set out in the EN 6069 edition 2005;
ed. Fire-resistance of door, hatch and window structures: time, expressed in minutes, during which door, hatch and window structures provide resistance to succumb and flame closed in case of fire, determined according to the fire protection criteria EI1 of NEN 6069, 2005 edition;
e. Operation space: decided space, intended for the processing of fireworks,
f. Domino effect: effect that the risks of an accident occurring in the establishment or its consequences beyond the establishment may be greater than on the basis of individual quantities of fireworks and dangerous substances present in a facility;
g. dangerous substance : a substance or object whose transport is prohibited under the ADR, or which is authorised only under conditions laid down therein, or substances, materials and articles referred to in the International Maritime Dangerous Goods Code;
h. IN: standard published by the Stichting Nederlands Normalisation-Institute;
i. NPR 7910-2 : Danger zone-classification with respect to explosion hazard; Part 2: Stofexplosion hazard, based on NEN-EN-IEC 61241-1-: 2004, Edition 2008;
j. Fire protection installation: automatic sprinkler system and fire-burning plant;
k. fire-compartment: fire compartment as specified in the Building decision 2012 ;
l. Fire melting plant: assembly of detectors, cabling, a fuel control centre and a forward milk plant, necessary for the detection of a fire, the reporting of fire and steering signals for other installations;
m. Output untendocument: document describing all the architectural, organisational and installation technical requirements for the areas and locations to be secured with sprinklers.
2. To the extent that an NEN standard or NPR Directive referred to in a prescription relates to the execution of constructions, devices and equipment, the standard issued before 1 July 2012 shall be the one with the following until that date. Additions or corrections sheets issued or-in so far as the existing structures, equipment and apparatus already exist-are the standard applied for the construction or installation of such structures, appliances and equipment; unless otherwise provided for in the regulation.
3. the standards and the rules set out in point A of this Annex, point 1 (c) (d), (d) and (B), and (B), (2) and (2), and the requirements set out in point A (1) (j) of this Annex, shall be treated in the same way as those laid down in subparagraphs (1) (a) of this Annex. in another Member State of the European Union or in a State other than a Member State of the European Union, which is a party to a Treaty which is binding on the Netherlands or which is binding on the Netherlands, and which is at least equivalent level of safeguards.
4. The inspection body accredited by the Foundation Board for Accreditation referred to in point B of this Annex shall be deemed equivalent to an inspection body accredited by an institution in another Member State. from the European Union or in a State other than a Member State of the European Union, which is a party to a Treaty which is binding on the Netherlands, or which is binding on the Netherlands, and which fulfils at least an equivalent level.
5. This annex includes fireworks including professional fireworks, theatrical pyrotechnic articles, and consumer fireworks.
6. In the definitions of fire integrity of building parts and fire integrity of door, hatch and window structures, the words 'EN 6069, edition' shall be replaced by 'EN 6069, 1991 edition' to the extent that the provisions of this Annex relate to: have on building parts or door, hatch and window constructions that have been established before 1 July 2012.
1.1 Within the device, the total net explosive mass shall not exceed 6 000 kg. This requirement shall not apply to the uninterrupted unloading of fireworks from a means of transport in the establishment.
1.2 The requirements of this Annex shall not apply to light and screen fireworks, provided that there is no more than 200 kg of fop and screen fireworks within the device.
1.3 For the purpose of determining the quantities of fireworks referred to in this Annex, if more than 200 kg of fop and screen fireworks are present, 10 kg of fop and screen fireworks shall be equivalent to 1 kg of consumer firecrackers.
1.4 In the storage area and in the editing area, an automatic sprinkler system with automatic pass-on is available to the central reporting chamber of the fire department.
1.5 The fire protection system is designed, constructed, produced and maintained in accordance with an output untendocument. The output document document has been assessed by a NEN-EN-ISO/IEC 17020 type A inspection body accredited by the Foundation Council for Accreditation in terms of conducting assessments and inspections on the subject. fire protection installations. With application of Article 28, first paragraph, final sentence of the Services Act is Section 4.1.3.3 of the General Law on administrative law does not apply to the application for accreditation as referred to in the second sentence. The basic document and the assessment by the inspection body have been approved by the competent authority before the construction of the fire protection system is started. The exit point document and the assessment by the inspection body shall be present within the establishment.
1.6 The place of custody, buffer storage area and sales space shall not be put into service sooner than after an inspection body as referred to in Regulation 1.5 has issued an inspection report indicating that the fire protection plant has been installed complies with the approved output untendocument. The inspection report, referred to in the first sentence, shall be present within the establishment.
1.7. Every 12 months after the construction of the fire protection system, an inspection body as defined in Regulation 1.5 shall assess whether the fire protection system is functioning and maintained in accordance with the requirements of Regulation 1.5. approved output untendocument. The inspection reports shall be present within the establishment. A storage facility or an operation area is not in use as long as the last inspection report prepared shows that the fire protection system does not comply with the approved output document.
1.8 [ Red: Expated.]
1.9 The way in which fireworks are stored does not have a negative impact on the functional operation of the automatic sprinkler system. To that end, the method of storage shall be at least in accordance with the principles on which the design of the automatic sprinkler system, as laid down in the basic document, is based on the design of the automatic sprinkler system. The competent authority may, by means of a measure, require the method of storage of packaged or unpacked fireworks.
1.10 At least one portable extinguisher shall be located in the storage area and in the processing area, with a content of at least 12 kg of ABC fire extinguishing powder, with the ABC extinguishing powder containing at least 40% ammonium phosphate. The walking distance from any point in the storage area and in the editing area up to a fire extinguisher is not more than 20 m.
1.11 In order to allow a fire to be extinguished within a reasonable time, a storage area and an operation area shall have one or more fire hose drums, where the following conditions are met:
a. The number of fire hose reels is such that the walking distance between a fire hose reel and each point of the floor of the storage area and of the operation area is not greater than the length of the hose, plus 5 m. In determining walking distance, a construction part, not a construction construction, is disregarded;
b. in determining the walking distance, the walking distance is located in a residence area, as intended in the Building decision 2012 , multiplied by 1,5;
c. A fire hose reel is connected to a supply for tap water and is not located in a flight stairwell;
d. A fire hose reel has a length of not more than 30 m and has a static pressure of not less than 100 kPa and a capacity of 1,3 m 3 /h, in the case of simultaneous use of two fire hose reels which are connected to the same supply for tap water.
1.12 The fire hose reel is always available for immediate use and can be reached unimpeded. The fire hose reel is checked by an expert on its soundness annually.
1.13 In order to avoid knock-on effects, sufficient distance shall be taken into account between the storage place and the macho and other components of the establishment where dangerous substances may be present. To that end, a fire on the premises of other parts of the establishment where dangerous substances may be present on the depository façade shall not exceed 15 kW per metre in the working space of the working area. 2 the product. In order to avoid knock-on effects, the competent authority may require a more internal safety distance from the application of the second sentence in the case of a measure of measurement.
1.14 In order to avoid instantaneous sympathic reactions caused by ground shock, pressure wave, thermal effects and ejected debris and article fragments, it is appropriate to maintain sufficient distance between repositories and inservice spaces and between these spaces and spaces.
1.15 Each five years from the adoption of the basic document by the competent authority, that document shall be assessed by an inspection body as referred to in Regulation 1.5. The assessment shall in any event consist of an assessment of the principles and standards used in the basic document, in relation to the principles and standards used in the light of the current state of the art at the time of the Assessment and in relation to any changes that have been made.
1.16 On the basis of the assessment referred to in Regulation 1.15, the competent authority may decide to withdraw the decision on the approval of the basic untendocument.
2.1 A storage area shall be treated as a fire compartment. The fire integrity of a custody place shall not be less than 60 minutes. In addition, the walls, floor and cover of a storage area are made of masonry, concrete or gas concrete.
2.2 In the case of a storage area, no openings or windows shall be present in the walls and the cover, except the access door and the ventilation openings.
2.3 The access door of the custody place:
-turns out,
-is self-closing,
-it is possible to make pressure relief not fitted with apermen or similar devices,
-is always reached unimpeded, and
-has a sufficiently large surface, at least 4 m 2 , to allow for smooth supply and disposal of fireworks.
2.4 In view of proper ventilation, adequate lockable and grubbed ventilation openings are fitted in the walls just above the floor and flat under or in the roof, the total area of which at least 0.5% of the area is Floor area. Ventilation openings are equipped with flame-churning rosters.
2.5 Ventilation and exhaust systems are so constructed that there are no substances that can accumulate or converge in such a way that the danger of fire or explosion occurs. Furthermore, the installation is constructed and earthed so that the resistance measured between each part of the installation and the earth pipe is not more than 1 ohm. They must be audited annually by an independent expert.
2.6 The floors do not have cracks or sprouts and are coated with a coating which, in order to prevent dust formation, is low-wear, and which, moreover, is not electrifying (resistance less than 10 000 000 ohm). Floors in storage areas are completely sparkproof. The size of the resistance is measured at least once every 6 months by an independent expert.
2.7 For the prevention of accumulation of dust and to facilitate cleaning, the walls are smooth without horizontal lists or edges.
2.8 Transformation and switchboard buildings are constructed in such a way that they do not present any danger to repositories that are in the vicinity of those buildings. They have been removed at least 15 metres from them.
2.9 In a custody place, the equipment used and the installations comply with the requirements for Zone 22 mentioned in NPR 7910-2. The maximum permissible surface temperature of the equipment used and the plants shall be 100 °C.
2.10 The electrical installation carries a permanent character and consists exclusively of fixed piping.
2.11 Horizontal running parts of the power line have been placed outside the scope of the position or placed in the floor. If there are grounds for doing so, they shall be shielded from bumping.
2.12 An aboveground power line approach is approaching 15 m (s). If the pipe leads to the place of custody, it shall be installed from that distance to the reach of a control and control system underground.
2.13 No control devices or contact boxes have been installed in a storage facility. Such equipment has been installed on a switchboard located on the external side of the storage area.
2.14 The electrical installation is divided into groups, which can be turned on and off by using group switches on the switchboard, as specified in the previous regulation. A direct controllable head switch is also mounted to enable the entire installation to be switched off.
2.15 The place of custody shall be adequately protected against lightning discharge. To this end, the storage facility shall be equipped with a lightning rod which complies with the requirements of EN 1014. By derogation from NEN 1014, the plant shall be checked annually. A copy of the audit report shall be present within the establishment.
2.16 All around the place of storage shall be at least 15 metres in a sound separation of metal plaiting materials with a height of at least 2 metres. The access port in the release is only open for work or check in the custody place, and it is closed. There is no coniferous planing within the control and within a distance of 5 m from the depository is no decidation wood. In addition, there are no goods, pruning material and other materials that can be incinerated by fire within the afrastering.
2.17 In a custody place, only the following shall be used for heating:
a. Central heating;
b. Electric heating.
2.18 In the case of central heating referred to in Regulation 2.17 (a), only water under low pressure shall be used. The heat source is at least 15 m away from the editing area, but preferably at a greater distance. If the distance is less than 25 m, a spark-catcher has been placed on the exhaust gas outlet of the central heating system.
2.19 For electric heating as referred to in Regulation 2.17 (b) only sealed radiators shall be used. The surface temperature of these radiators shall not exceed 100 ° C.
2.20 All radiators and pipes have been constructed and shielded in such a way that they cannot be unintentionally touched and no objects can be placed on them.
2.21 The provisions 2.1 to 2.20 shall apply mutatis mutandis to the construction of an operation space, it being understood that:
-by way of derogation from Regulation 2.6, the floor has a resistor between 25 000 and 1 000 000 ohm;
-by way of derogation from Regulation 2.9, the requirements for Zone 21 referred to in NPR 7910-2 apply.
2.22 In the space of the operation, it shall be such as to permit the use of tools and tools by means of this line. The charge is connected to an earth electrode according to NEN 1014. The same earth electrode will not be applied to the lightning protection system.
2.23 A separate space is available in the space, where overgarments and footwear may be stowed.
2.24 A grounding capability shall be present at the entrance to the operation space.
3.1 In the custody place, no goods other than fireworks are stored and materials and devices needed to do so. If fireworks are stored in the custody place, no operations may be performed in that place of storage.
3.2 Fireworks may not be stored in the same store because of the dangerous condition in which it is found to be destroyed or for special treatment. The same applies to professional fireworks whose condition or provenance is unknown.
3.3 No work shall be carried out in a custody place, with the exception of activities directly related to the storage of fireworks. The fireworks will only be brought in, if necessary (to) stacked and taken out. The storage area shall be kept clean.
3.4 Before recovery of a storage area or an operation area begins, the storage area shall be completely empty and cleaned as a part of the storage area. If such work is carried out by third parties, the commencement thereof shall not take place earlier than after the person who drives the establishment has given the consent in writing.
3.5 To an in-use storage area or operation space:
a. No work is carried out in a space in which fireworks have been stored;
b. Small operations shall be carried out on the external side of the place of custody and in places in the custody place which are not in open connection with a space in which fireworks are stored, provided that no open fire is being used in that work, no explosive gas mixture can occur and no spark formation can occur.
3.6 If work is carried out in the establishment where spark formation may occur or open fire is necessary, the place of custody and the space of storage shall be cleared from the position of the work within 15 m. This distance shall be increased to 25 metres, if an explosive gas mixture is likely to occur in the case of such work.
3.7 When moving and (om), stacking of fireworks is carried out with caution, with neither being thrown or dragged with the fireworks. Extreme caution is required in particular for defective professional fireworks and professional fireworks whose packaging has been breached.
3.8 If professional fireworks of a height of more than 1,5 m have been dropped or have been found to have damaged the packaging or professional fireworks themselves, the person who drives the device shall ensure that the fireworks are not is being moved and the fireworks are inspected immediately.
3.9 The place of custody shall be arranged so that visual inspection of fireworks is possible and that the insertion and inclusion of fireworks is not obstructed. A minimum of 75 cm of width of at least one gangway shall be provided in a relevant storage place.
3.10 Only safe-ignition means shall be stored within the facility. Electrical ignition devices may be considered safe if they:
-are packed in a (metal) shell compound so as to ensure that electromagnetic radiation does not penetrate the contents of the material, or
-be present in a space that is adequately protected from electromagnetic radiation.
Electrical ignition devices which do not comply with these requirements shall be considered unsafe.
3.11 Safe-ignition devices shall not be exposed to higher field strengths or to greater power densities than those in which they have been tested.
3.12 Electrical anti-ignition devices are always short-closed and packed in metal.
3.13 A place of custody in which no fireworks are inserted, taken out or stacked, and the entrance gate in the stoveboard of this place of storage is closed. The keys, all fitted with a keyplate with the number of the affected door, shall be stowed in a locked cabinet in the office building. The spare keys are stored elsewhere in or near the facility in a locked cabinet.
3.14 The storage area and the space shall be kept clean. Paper waste, pallets, poetslaps used and any other flammable cases may never be left behind.
3.15 Substances and articles from ADR Class 1 belonging to different compatibility groups, as indicated in the ADR with the letters A to J, K to N and S, shall be stored in a compartment unless these substances and Articles can be stored together without any of the following:
a. The risk of an unintended inflammation is increased;
b. to increase the severity of the effects in case of such an occurrence for a given quantity.
The competent authority may adopt a measure of measurement as regards the compartmentalisation of storage of substances and articles from different compatibility groups in one space.
3.16 In an editing area, without prejudice to Regulation 3.15, only professional fireworks which belong to the same compatibility group may be present at the same time. This requirement does not apply to the ephemeral simultaneous presence of components belonging to different compatibility groups during unpacking, taking apart, putting together (composing) and pack up that fireworks.
4.1 Work tables are provided with a deck of conductive spark-free material, which is grounded in an appropriate manner.
4.2 Any tools, tools, and instruments, which may generate static electricity during use, shall be grounded in a sound manner. The resistance between each part of the instrument, tools and instrument and the earth pipe may not exceed 1 ohm.
4.3 Instruments are fitted with screen plates or caps where necessary. The thickness of the plate shall be adjusted to the heat, pressure, or sharpness that may occur.
4.4 Automatic and semi-automatic instruments, on which filled fireworks are being worked, are fitted with a pressure switch, so that the machine stops, when the switch is released. This switch may also be carried out as a foot or kneeceller switch.
4.5 The tools, tools and instruments are in good condition. If they are not prescribed by the opening holder for the performance of the work, they shall not be used.
4.6 At least once a month, all tools, tools, and instruments shall be checked for good operation and security. This check shall also be carried out at the start of each new activity. Where defects are detected or suspected, the equipment concerned shall be removed immediately from the editing area or blocked for use.
4.7 If repairs to tools, tools or instruments are to be carried out, this equipment shall be carefully cleaned and removed from all explosive material on the spot. The repairs are carried out only by expert staff and not earlier than after all the fireworks from the space concerned have been removed.
4.8 For the (aid) transport equipment, electricity is used for the drive train. They shall be periodically reviewed for any defects and abrasion phenomena. For occasional work within the custody place and within a distance of 15 m to the storage area, no means of transport and other machinery or equipment equipped with an internal combustion engine shall be used. These requirements also apply to work carried out by third parties, such as maintenance companies and hovening companies, unless the material is equipped with a diesel engine.
4.9 Mechanical transport equipment shall meet the following requirements:
-in the case of the driver, the following information shall be clearly visible from his seat, where applicable: the own weight of the means of transport, the maximum load capacity, the maximum lifting capacity, the maximum driving speed, the smallest weight of the vehicle, the maximum capacity of the vehicle, the maximum capacity of the vehicle, the maximum Turning circle, free lift height, telescope lift height and forward and rearward slope of the fork;
-have been clearly legible from the seat of the seat, the control device of the means of transport concerned;
-the means of transport shall be equipped with at least a portable extinguisher, with a minimum capacity of 6 kg of ABC fire extinguishing powder. That device shall be placed under the immediate range of the driver.
4.10 Mechanical means of transport used in an operation area shall meet the following requirements without prejudice to the requirements set out in Regulation 4.9:
-the wheels of the transport equipment are equipped with rubber tyres;
-the main switches shall be equipped with a detachable control key, which can only be taken out, when the main switch in question is on the off-control device;
-the cabling is so mounted and protected, that the risk of damage is minimal. All wartels have been used by all means of import and import;
-lamps are protected against mechanical damage by means of a metal lattice;
-the main switches, contact locks, control switches, fuses and the like have been increased securely and pressure-fixed. The fuses are always separate and the patterns in the fuses can only be replaced in a tension-less state.
-the engines are protected against overload, are dust-tight, and are fitted with a pressure fixed house or cover. Ventilation is done by cookers with a labyrinth sealing system;
-static electricity shall be discharged without spark-formation by means of a fixed contact with the floor, such as by means of metal strip in the tyres. Kettints are therefore prohibited;
-for the propulsion of (aid) means of transport used in processing rooms, only electricity obtained from accumulators shall be used;
-the batteries are in a sturdy, pressure-resistant, closed but not air-tight omkasting drawn up in a place, which makes the chance of a mechanical damage minimal. The cover of the brightening consists on the side of the connection clamps from a non-conductive material. Furthermore, a carbon dioxide gas or compressed air tube connection has been installed in the house or casing to drive or at least dilute the hydrogen gas contained in the battery compartment.
Instead of mechanical means of transport, the use of means of transport, which is propelled by hand, with the wheels having rubber tyres, may also be used.
4.11 Roles, transport chains and the like have been secured in such a way that no fireworks can be dropped. The devices referred to must also be duly grounded in accordance with Regulation 4.2. Mechanical transport chain and tyre chains are equipped with a switch on each commercial location, which can make the chain or tyre out of use.
4.12 The means of transport shall be regularly checked against any defects and abrasion phenomena. Regulation 4.7. shall apply mutatis mutandis.
4.13 The equipment of the lifting equipment shall be in a sound manner. Regulation 4.2 shall apply mutatis mutandis.
5.1 The person who drives the device ensures that the staff is kept informed of his task and is familiar with the tool, which must be used in it. Third parties may only carry out activities in or on a custody or processing area, if they are in possession of a written work order. The person who drives the establishment shall ensure that the safety rules applicable to the place of custody or space for which the establishment is concerned are complied with.
5.2 The person who drives the establishment lays down guidelines for the way in which an alarm should be set for possible fire, the persons or agencies must be alerted in that case and the actions taken by each staff member in the case of a fire. Must provide an alarm or fail. The competent authority may adopt a measure of measurement as to how a fire alarm should be used.
5.3 A novice fire should be fought immediately with all available extinguishing agents, irrespective of the hazard class to which the fireworks concerned belong. The way in which a fire exploration can be carried out, or an expanding fire can be combated, is determined by the hazard class and the type of fireworks stored in the custody place.
5.4 By the indirection holder, staff are regularly alerted to the hazards associated with the carrying out of work on fireworks. The personnel may only carry out those activities that are assigned by the opening holder.
5.5 Within the cover around the storage area and the editing area is not smoked and no open fire is present. It shall also be prohibited to have matches, lighters or other flame-related agents. This prohibition shall also apply to the carrying of electronic (communications) resources, such as doorphones, mobile phones, buzzers, transmitting or receiving devices and the like. The latter prohibition shall not apply in cases of emergency, to the extent that the competent authority and aid personnel have given the place permission for the use of the said (communications) resources. They shall be prohibited by including on each side of the setting and on the access door of the custody place a prohibition sign, in accordance with Annex XVIII to the Working Conditions Scheme, from which the relevant prohibitions are found.
5.6 A safety symbol identifying the explosion hazard shall be affixed to the access door of the storage site and of the editing area. The plates set out in Annex XVIII to the Working Conditions Scheme shall be used.
5.7 The staff shall be kept informed of the safety provisions in connection with safety. In addition, the staff shall be responsible for the application of these provisions.
5.8 The staff shall be located exclusively at the place where the tasks assigned to it are to be carried out, and shall be confined to the task assigned solely to the task of its own task. They shall be prohibited from being kept elsewhere unless the person who drives the establishment has been authorised to do so.
5.9 The staff shall be prohibited from staying in the space during rest breaks, except for a guard, who shall supervise the fireworks in operation.
5.10 If it is unwavering in the vicinity of the operation area (when less than 10 seconds between lightning and thunderbolt), the work in the space and/or the storage area shall be discontinued. Everyone leaves the editing area and/or the storage place that is then shut down. The work may only resume when the thunderous weather has been completely overdriven. If the lightning strike is detected, the operation of the lightning protection equipment, in addition to the regular check according to Regulation 2.15, shall be controlled directly by an independent expert. A copy of the audit report shall be present within the establishment.
5.11 Staff must be well aware of the fire alarm schemes.
5.12 An adequate number of members of the staff have been instructed on handling of fire extinguishers. These personnel shall be familiar with the location of the equipment.
5.13 On fire in the immediate vicinity of the editing area, which poses a danger to the editing area, the door of the editing area shall be closed. In addition, the following safety precautions should be preferred:
a. As far as possible, the open explosive material contained in a sealed package shall be stowed;
b. Professional fireworks, placed for processing in machines or tools, shall be removed and packed from them;
c. The mains power grid within the editing area is made voltage-free.
5.14 When staff documents anything unusual to a building, material, material or edit or to the behaviour of a person, this shall be reported to the person who drives the device. The equipment or material concerned shall be set aside directly. The affected operation will be stopped immediately.
5.15 Personnel entering a space in which professional fireworks are being worked shall be electrically unloaded in advance.
5.16 During the course of work, the staff is dressed in coveralls or in trousers and work-keel of firm dust. Staff working clothes, working in rooms where explosive material is being worked, are washed up at least once a week. No objects other than handkerchief may be included in the workwear. The remaining personal effects must be left in the dressing room.
5.17 Working with black gunpowder means that the staff shall bear a head cover made available for the purpose by the person driving the device.
5.18 In areas where fireworks are being worked, spark-free shoes shall be worn. These shoes must not be held after the spaces have been abandoned.
5.19 Staff shall only use the tools and tools prescribed for the execution of the work.
5.20 When carrying out work on metal components in which damage to the material is to be prevented, gloves shall be worn.
5.21 In the case of works where there is a risk of fire or explosion caused by electrostatic charges, no plastics or silk clothing may be worn. Such footwear shall be such that the resistance between the person and the floor shall be between 25 000 and 1 000 000 ohms.
6.1 There are no combustible or combustible goods or liquids in the area of work, unless they are directly required for or during work. At the end of the work, these devices will be removed from the editing area immediately.
6.2 A vessel, intended for waste, is placed in each editing area, which is to be emptied after the termination of the work. In addition, a container made of spark-free and conductive material, designed for the waste of explosive substances, to be emptied before work, has been placed in the space of operation, and the explosive substances shall then be placed as soon as possible. shall be disposed of.
6.3 During work on or with professional fireworks, the working space is clear and only those materials and/or devices prescribed for the execution of the dedicated work are present in the editing area.
6.4 The person who drives the device ensures that a work schedule has been established for the commencement of work on fireworks.
6.5 The working schedule shall indicate the following details, in so far as they are relevant to the contract in question:
a. Personnel for the entire contract;
b. personnel by processing stage;
c. maximum quantity of explosive substance in kilograms per processing stage;
d. Maximum number of fireworks at each processing stage;
e. maximum number of fireworks in the space of use in the space of use;
f. a complete description of each operation;
g. Security provisions for each operation;
h. Inspection data for each operation;
separation of activities;
Barricides and protection;
k. tools and tools;
l. supply and disposal, as well as the preparation of parts and materials for each operation;
m. protective clothing and safety instructions;
n. safety distances;
o. a smooth running of the work;
p. supply and disposal;
q. the internal transport;
r. doors and exits;
s. alerting system;
t. extinguishing agents;
u. ventilation;
lighting;
w. electrical installation;
x. static electricity and grounding;
y. Cleaning of buildings and tools.
6.6 In the work schedule, everyone's task is defined precisely.
6.7 The person who drives the establishment shall ensure that each person is aware of the details applicable to him which are laid down in the work schedule in question.
6.8 During the work, no tools are used other than those specified in the work schedule and provided to the staff.
6.9 At the end of the working time, staff leave the tools and tools, as well as the benches, tables etc. Clean and orderly. The floor is cleaned, if necessary. Combustible liquids and other items, such as oil depots and waste of explosive dust, are removed from the workshop.
6.10 Fireworks, detonators and detonators do not remain in an editing area, unless they are stored safely in specially equipped cabinets or provided with a proper packaging.
1.1 In this Annex, the following definitions shall apply:
a. Quantity of fireworks packed: the total weight of fireworks inside a storage area or in an operation area, consisting of the load, the casing, the primary packaging and the transport package, expressed in kilograms;
b. Quantity of unpacked fireworks: the total weight of fireworks within a buffer storage facility or in an operation area, consisting of the load, the casing and the primary packaging, expressed in kilograms;
c. safety distance in forward direction: Distance in both horizontal and vertical direction, measured in spherical form from the centre of the doorway of a space in the direction, as shown in Figure 1, point a;
ed. Lateral and rearward direction safety distances: Distances in both horizontal and vertical directions, measured in block form from the centre of the doorway of a space in the direction, as shown in Figure 1 (b), below c, where the safety distance is in vertical direction. direction equal to the safety distance in (horizontal) sideways direction;
e. Protective area : area as shown in Figure 1, bounded in horizontal directions by the safety distance in forward direction and the width of the confined space where consumer fireworks are present where parallel measured on the side of the side where the access door is located-it being necessary to do so not exceeding 5 metres-and vertical directions delimited by the floor and the ceiling of this confined space;
f. Fire-resistance of construction parts: time expressed in minutes, during which a building construction component of a building, other than a door, hatch or window structure, continues to function when heating, determined according to the fire integrity criteria EI1 of NEN 6069, 2005 edition;
g. Fire-resistance of door, hatch and window structures: time expressed in minutes, during which door, hatch and window structures resist succumb and flame closed in case of fire, determined according to the fire protection criteria EI1 of NEN 6069, Edition 2005.
1.2 In the definitions of fire resistance of building parts and of door, hatch or window structures, instead of 'NEN 6069, edition 2005', read 'NEN 6069, Edition 1991' to the extent that the provisions of this Annex relate to construction parts or door, hatch or window arrangements set up before 1 July 2012.
1.1 In the case of a device incorporating or unpacked professional fireworks and theatrical pyrotechnic articles intended for use in theatre, Article 3.2.1, first paragraph , or 3A.2.1, 1st Member , may be present, measured from the place of storage and, if present, the operation space, to a restricted or vulnerable object and a projected limited vulnerable or vulnerable object the following safety distance to be observed taken:
allowed net explosive mass per custody place or operation space
safety distance
| from 0 kg up to 750 kg |
400 meters |
| from 750 kg up to 6 000 kg |
800 meters |
1.2 a. In the case of a device in which no more than 10 000 kg of consumer fireworks may be present, measured from the place of custody and the buffer-keeping place in forward direction, a restricted or vulnerable object and a projected position shall be provided. limit a safety distance of at least 8 metres in a vulnerable or vulnerable object.
b. Within the forward distance safety distance, not including the safeguard area, a restricted or vulnerable object may be present or projected by way of derogation from part a, if between the doorway of the (buffer) custody place and that object is a separation construct:
1 °. Of which the fire resistance is not less than 60 minutes;
2 °. in which no opening, window or door is located;
3 °. manufactured from masonry, concrete or concrete, concrete or other material in respect of which the competent authority has decided that it has at least the same fire integrity and integrity, in so far as it is a vertical separation structure, Constructive firmness is being achieved.
1.3 In the case of a device in which more than 10 000 kg of consumer fireworks may or may not be present, together with theatrical fireworks:
a. above the place of custody and the buffer store shall not be present or projected to be present in a limited vulnerable or vulnerable object,
b., measured from the depository in forward direction, to a restricted or vulnerable object and a projected limited vulnerable or vulnerable object, shall be considered as having the following safety distance:
Size of the doorway of the storage site
safety distance
| from 0 m 2 Up to 4 m 2 |
20 meters |
| from 4 m 2 Up to 6 m 2 |
25 meters |
| from 6 m 2 Up to 8 m 2 |
30 meters |
c. should be measured from the buffer storage site in forward, sideways and rearward direction, to a restricted or vulnerable object and a projected limited vulnerable or vulnerable object, the following safety distances to be observed. shall be taken:
allowed amount per buffer storage place
safety distance
| forward |
Sideways |
backward |
|
| from 0 kg up to 500 kg |
20 meters |
20 meters |
4 meters |
| from 500 kg up to and including 1 000 kg |
25 meters |
20 meters |
5 meters |
| from 1 000 kg up to 2 000 kg |
33 meters |
25 meters |
6 meters |
| from 2 000 kg up to 3 500 kg |
42 meters |
31 meters |
8 meters |
| from 3 500 kg up to and including 5 000 kg |
48 metres |
36 meters |
9 meters |
Figure 1: Forward, lateral and rearward direction from the doorway of a custody place or a buffer storage area and associated safeguard area.
1 Always to be filled in if it is the responsibility of the notified body which carries out the conformity assessment procedure. Not required for conformity assessment procedures for module G and H. Information should be provided (if known), if another notified body is involved.
