Key Benefits:
Regulation of the Minister for Housing, Regional Planning and the Environment of 11 October 2010, No BJZ2010027165, laying down rules for other pyrotechnic articles (Staff Regulations of pyrotechnic articles)
The Minister for Housing, Spatial Planning and the Environment,
Having regard to Directive No 2007 /23/EC of the European Parliament and of the Council of the European Union of 23 May 2007 on the placing on the market of pyrotechnic articles (PbEU L 154) and the Articles 9.2.2.1 , 9.2.2.4 , 9.2.3.2 and 21.6 of the Environmental Protection Act ;
Decision:
The following definitions shall apply:
Notified body: notified body as referred to in Article 21 of the EU Directive on pyrotechnic articles;
Designated authority: a body designated by the 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: the Minister of Infrastructure and the Environment;
Annex I to the EU Directive pyrotechnic articles: Annex I to the EU Directive pyrotechnic articles, to the text as set out in that Directive;
Annex II to the EU Directive pyrotechnic articles: Annex II to the EU Directive pyrotechnic articles, to the text as set out in that Directive, in so far as it concerns the elements listed in paragraph 2 of that Annex and Annex II to the EU Directive on pyrotechnic products articles for the other parts of that Annex;
Category P1 and P2: category P1 under the model P2 as intended Article 7, third paragraph ;
CE marking: 'CE marking', as referred to in Articles 19 and 20 of the EU Directive, pyrotechnic articles;
conformity assessment: process in which the essential safety requirements are assessed or fulfilled;
conformity assessment procedure: Procedure referred to in Annex II to the EU Directive pyrotechnic articles;
distributor: any natural or legal person in the supply chain, other than the manufacturer or importer, who offers pyrotechnic articles on the market;
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;
Directive 2007 /23/EC: Directive No 2007 /23/EC of the European Parliament and of the Council of the European Union of 23 May 2007 on the placing on the market of pyrotechnic articles (PbEU L 154);
EU Directive pyrotechnic articles: Directive 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 2013, L 178);
Manufacturer: natural or legal person producing or having produced a pyrotechnic article or producing a pyrotechnic article and acting under his name or brand name;
critical safety requirements: essential safety requirements, as set out in Annex I to the EU Directive on pyrotechnic articles;
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 /668/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;
territory of the European Union: territory to which the Agreement on the European Economic Area applies;
harmonisation legislation of the Union: all Union legislation harmonising the conditions for the marketing of products;
Importer: natural or legal person established in the territory of the European Union who is marketing a pyrotechnic article from a third country on the territory of the European Union;
placing on the market: the provision of a pyrotechnic article for the first time in the territory of the European Union;
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;
operators: the manufacturer, the importer and the distributor;
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 Law General Provisions, acting in the context of market surveillance;
Minister: Minister for Infrastructure and the Environment;
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;
Offering on the market: the provision of a pyrotechnic article for the purposes of distribution, consumption or use on the market of the territory of the European Union, in the course of a commercial activity, whether in return for payment or against payment;
Person with specialist knowledge: person designated under Article 3 ;
Primary packaging: the packaging in which more than one copy of the same type of pyrotechnic articles is intended to be made available to the individual in its entirety;
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 self-bearing exothermic chemical reactions;
Pyrotechnic article for vehicles: Pyrotechnic article which is a component of a safety device in a vehicle containing pyrotechnic substances with which that or another device is activated.
Technical specification: a document prescripting technical requirements to which a pyrotechnic article must comply;
recall: measure aiming to return a pyrotechnic article that has already been made available to the end user;
From the market: measure aimed at preventing the marketing of a pyrotechnic article on the market;
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 components 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 these parts are related to the keeping of the EU conformity declaration;
c. Module D, sections 3.4, 4.2 to 4.4, 6 and 7;
d. Module E, components 3.5, 4.2 to 4.4, 6 and 7.
This arrangement shall apply to pyrotechnic articles belonging to category P1 or P2, with the exception of the following pyrotechnic articles:
a. pyrotechnic articles intended for non-commercial use by armed forces, police or fire departments;
b. Equipment falling within the scope of Directive No 96 /98/EC of the Council of the European Union of 20 December 1996 on marine equipment (PbEU 1997, L 46);
c. pyrotechnic articles intended for use in the aeronautical and aerospace industries;
d. pyrotechnic articles falling within the scope of the 2011 Toys Department of commodities law ;
e. explosives as intended for use in the Explosives for civil use ;
f. Ammunition as intended in the Arms and Ammunition Law .
1 The Minister shall designate persons with specialized knowledge which may use pyrotechnic articles of category P2 as a result of the performance of their duties.
2 The designation may take place in respect of one or more of the categories of pyrotechnic articles indicated in this connection.
Pyrotechnic articles belonging to category P2 may also be used by persons appointed by a competent authority in implementation of the EU Directive by a competent authority in respect of the performance of their duties. another Member State of the European Union.
1 It is prohibited to offer pyrotechnic articles belonging to category P1 to the general public, except where pyrotechnic articles for vehicles are built into a vehicle or in a removable vehicle part.
2 It is prohibited to sell pyrotechnic articles belonging to category P1 or otherwise make available to consumers less than 18 years of age.
3 It is prohibited to store, to produce, available in the territory of the Netherlands pyrotechnic articles belonging to category P2, where intended for use by a person other than a person of specialised knowledge within the territory of the Netherlands have or to make available to another.
4 It shall be prohibited to sell or otherwise make available pyrotechnic articles belonging to category P2 to any person other than a specialised knowledge.
5 It shall be prohibited to store, hold or use pyrotechnic articles of category P2 in any other way than in the performance of his or her function.
6 It is prohibited to bring pyrotechnic articles within the territory of the Netherlands, to be stored, manufactured, to be made available, to make available to another or to use it, if the articles in question are not comply with the provisions of this Regulation.
It shall be prohibited to use a pyrotechnic article contrary to the purpose for which the article has been manufactured.
1 An amendment to Article 10 or 11 of the EU Directive pyrotechnic articles, of Annex II to the EU Directive, pyrotechnic articles, excluding those parts, mentioned in Annex II to the European Parliament and the Council of the European Union. Article 1, second paragraph , and of Annex III or IV to the EU Directive, pyrotechnic articles shall apply to the application of this scheme from the date on which the relevant amending Directive or the amending act concerned has to be implemented, unless, by ministerial decree, published in the Official Gazette, it is set at a different time.
2. The Minister shall take effect immediately after the entry into force of a change as referred to in paragraph 1 of this Article in the Official Journal.
1 The manufacturer shall bring pyrotechnic articles into 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:
-Category P1: pyrotechnic articles which pose little danger;
-Category P2: pyrotechnic articles intended solely for use or use by persons with specialized knowledge.
Pyrotechnic articles which are in conformity with harmonised standards or parts thereof, the reference numbers of which are in the Official Journal of the European Union have been disclosed, shall be deemed to be in accordance with the essential safety requirements covered by those standards or parts thereof.
The manufacturer shall ensure that pyrotechnic articles are designed and manufactured in accordance with the essential safety requirements.
1 The manufacturer shall establish the technical documentation referred to in Annex II to the EU Directive pyrotechnic articles and shall implement the applicable conformity assessment procedure in accordance with Article 15 .
2 When the conformity assessment procedure has been demonstrated to show that the pyrotechnic article meets the applicable requirements, the manufacturer shall draw up an EU declaration of non-form and affers the CE marking.
3 The manufacturer shall keep the technical documentation and the EU declaration of conformity for 10 years after the pyrotechnic article has been placed on the market.
The manufacturer shall ensure that it has procedures to continue to ensure the conformity of its series production with the EU Directive on pyrotechnic articles. Such procedures shall take due account of changes in the design or characteristics of the pyrotechnic article and changes in the harmonised standards or other technical specifications referred to in the EU declaration of conformity of the pyrotechnic article has been referred to.
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 placed on the market;
b. Investigating complaints;
Investigations of non-compliant pyrotechnic articles;
d. Investigations of recalled pyrotechnic articles;
(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 deemed appropriate in view of the risks of the pyrotechnic articles.
3 The manufacturer shall implement the measures in order to protect the health and safety of consumers.
The manufacturer shall ensure that pyrotechnic articles which have been placed on the market have been labelled in accordance with the requirements laid down in the Annex. Articles 24 and 25 .
If the manufacturer is of the opinion or has reason to believe that a pyrotechnic article which he has placed on the market does not comply with the requirements of, or under this scheme, the following:
a. shall immediately take any corrective action necessary to bring the pyrotechnic article into conformity with these requirements or, if necessary, withdraw from the market, or recall it; 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 immediately inform the competent authority thereof. When informed by these authorities, the manufacturer shall describe in detail the non-compliance and all corrective measures taken.
On a reasoned request from the competent authority or competent authorities of other Member States:
a. provide the manufacturer with all necessary information and documentation to demonstrate the compliance of pyrotechnic articles with the requirements of this Arrangement; and
(b) assist the manufacturer in all measures taken to exclude the risks of pyrotechnic articles which it has placed on the market.
2 The information and documentation shall be made available on paper or electronically to the authority referred to in the first paragraph. It is set in a language that the authority can understand properly. Information and documentation addressed to the competent authority shall be made in the language of the Netherlands or in English.
Where an importer or distributor places on the market pyrotechnic articles under its own name or trade mark, or any pyrotechnic articles already placed on the market, change that the conformity with the essential safety requirements is compromised He shall be considered to be a manufacturer and shall comply with the obligations imposed on the manufacturer in accordance with this Arrangement.
The importer shall only market pyrotechnic articles which comply with the requirements of this Regulation.
Before a pyrotechnic article is placed on the market:
(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) ensure that the pyrotechnic article is marked with the CE marking and is accompanied by the required documents; and
(d) ensure that the manufacturer has labelled the pyrotechnic article in accordance with the requirements of the Annex. Articles 24 and 25 .
The importer who considers, or has reason to believe, that a pyrotechnic article is not in accordance with the essential safety requirements:
a. does not market the pyrotechnic article before it has been brought into conformity with the essential safety requirements; and
b. notify the manufacturer and the market supervisor if the pyrotechnic article presents a risk.
1 The importer meets the requirements of the importer as a result of the Articles 24 and 25 .
2 The importer shall ensure that the pyrotechnic article is accompanied by instructions and information relating to safety, Article 24, first paragraph, parts e and f , or Article 25, first paragraph, part d, and third member .
The importer shall ensure, during the period of time that he is responsible for the pyrotechnic article, storage and transport conditions that the conformity of the pyrotechnic article with the essential safety requirements is not in the -
1 On a reasoned request from the competent authority, one or more of the following measures may be required from the importer:
(a) conduct of spot checks on pyrotechnic articles placed on the market;
b. Investigating complaints;
Investigations of non-compliant pyrotechnic articles;
d. Investigations of recalled pyrotechnic articles;
(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 if this is deemed appropriate in view of the risks of the pyrotechnic article.
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 a pyrotechnic article which he has placed on the market does not comply with the requirements of this Arrangement:
a. shall immediately take any corrective action necessary to bring that pyrotechnic article into conformity with these requirements or, if necessary, withdraw from the market, or recall; and
b. If the pyrotechnic article presents a risk, it 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. When informed by these authorities, the importer shall, in particular, 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 a period of 10 years after the pyrotechnic article has been placed on the market and ensure that the technical documentation is available on request to the market authority. Market supervisor may be provided.
1 At the reasoned request of the competent authority or of the competent authorities of other Member States:
(a) provide the importer with all the necessary information and documentation to demonstrate the conformity of the pyrotechnic article with the requirements of this Arrangement; and
(b) cooperate with all the measures taken to exclude the risks of the items placed on the market by the importer.
2 The information and documentation shall be made available on paper or by electronic means at the disposal of the authority referred to in paragraph 1. It is set in a language that the authority can understand properly. Information and documentation addressed to the competent authority shall be made in the language of the Netherlands or in English.
The distributor who offers pyrotechnic articles on the market shall take due care to the requirements of this scheme.
Before providing a pyrotechnic article 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 24, first paragraph, part e and f , or Article 25, first and third paragraphs .
c. the manufacturer and the importer to the obligations under the Articles 24 and 25 have been satisfied.
The distributor who considers or has reason to believe that a pyrotechnic article is not in accordance with the essential safety requirements:
a. does not provide the pyrotechnic article on the market before it has been brought in accordance with the essential safety requirements; and
b. If the pyrotechnic article presents a risk, it shall inform the manufacturer, the importer and the market supervisor thereof.
The distributor shall ensure that the storage and transport conditions of the pyrotechnic article are such that the conformity of the article with the essential safety requirements is not compromised.
Where a distributor considers, or has reason to believe, that a pyrotechnic article made available on the market is not in conformity with the requirements of this Arrangement:
a. It shall ensure that the necessary corrective measures are taken to bring that Article 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 goods on the market in the Netherlands, he shall immediately inform the competent authority thereof. When informed by these authorities, the distributor shall, in particular, 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. The distributor shall provide that authority with all the information and documentation necessary to demonstrate the conformity of the pyrotechnic article; and
(b) cooperate with all the measures taken to exclude the risks of the items offered by the distributor 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.
1 At the request of the market regulator, market participants shall provide the following information:
a. which economic operator has supplied them with pyrotechnic articles; and
To which economic operator they have supplied pyrotechnic articles.
2 Economic operators shall keep the information referred to in paragraph 1 at least 10 years after the pyrotechnic article has been delivered to operators, or after the operator has supplied the pyrotechnic article for the purpose of the application of the Article 2 Market supervisor.
1 The manufacturer shall label pyrotechnic articles with a registration number assigned by the notified body responsible for the conformity assessment carried out pursuant to Article 6 (1) of the EC Treaty. Articles 14 and 15 -
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 pyrotechnic articles which they offer on the market. They shall, at the request of the competent authority or the competent authorities of the other Member States, make such information available to the relevant authority.
This part has not (yet) entered into force; see the summary of changes
(1) If the operator of the market supervisor acknowledges that a pyrotechnic article, which is in accordance with the essential safety requirements and other provisions of this scheme, is nevertheless a risk to health or security of persons or for other aspects of the protection of general interests:
(a) take all appropriate measures to ensure that this pyrotechnic article does not bring that risk when the pyrotechnic article is placed on the market; or
b. He shall, within a period to be determined by the market supervisor, withdraw the pyrotechnic article from the market or call it back.
2 The economic operator shall ensure that corrective measures taken by him are applied to all the pyrotechnic articles concerned that he has made available on the market in the European Union.
1 The placing on the market of pyrotechnic articles shall be prohibited or put at the disposal of another person who does not comply with the essential safety requirements.
2 It shall be prohibited to place on the market, holding or other making available pyrotechnic articles, if they are not subject to the conformity assessment procedure, in accordance with the procedure laid down in Annex II to this Directive. Articles 14 and 15 .
3 It is prohibited to place on the market pyrotechnic articles, to be available, to make available to or use other than in compliance with the requirements laid down in or under the conditions of Articles 23 to 25 with regard to the indication and use of entries.
4 It is prohibited for manufacturers to act in breach of Annex II to the EU Directive on pyrotechnic articles.
5 It is prohibited to place a pyrotechnic article on the market without it, in accordance with Article 23a , an EU declaration of conformity has been drawn up.
1 Article 11 does not apply to pyrotechnic articles which are not in conformity with the provisions of the EU Directive and which are shown and used at trade fairs, exhibitions and demonstrations for the purpose of trade of pyrotechnic articles, provided that the provisions of the third paragraph are met.
2 Pyrotechnic Articles referred to in paragraph 1 may only be sold after they have been brought into conformity with the provisions of the Directive referred to in paragraph 1.
3 On pyrotechnic articles as referred to in the first paragraph:
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 11 does not apply to 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 Pyrotechnic Articles as referred to in paragraph 1 shall not be made available or used for purposes other than for development, testing and research.
3 In the case of pyrotechnic articles as referred to in paragraph 1, a visible sign shall be affixed indicating clearly that they are not in conformity with the provisions of the EU Directive on pyrotechnic articles and are not available for other uses than for development, testing and research.
1 Pyrotechnic Articles are subject to a conformity assessment procedure in accordance with Annex II to the EU Directive.
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 ยฐ: conformity to type based on internal production control plus supervised product checks at random intervals (Module C2);
2 ยฐ conformity to type based on quality assurance of the production process (module D); or
3 ยฐ conformity to type based on product quality assurance (Module E);
b. conformity based on unit verification (module G).
1 The CE marking shall be affixed visibly, legibly and indelibly to the 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 before the pyrotechnic article is placed on the market.
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.
5 The CE marking and, where applicable, the identification number of the notified body, may be followed by another sign indicating a particular risk or use.
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 pyrotechnic article is placed on the market or offered on the market.
3 The EU declaration of conformity relating to the pyrotechnic article 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 an EU declaration of conformity is required for a pyrotechnic article in respect of more than one act of the European Union, a single EU declaration of conformity shall be drawn up in relation to all such acts of the European Union. 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 compliance of the pyrotechnic article with the requirements of the EU Directive on pyrotechnic articles.
1 Pyrotechnic Articles, other than pyrotechnic articles for vehicles, shall bear:
a. The name, registered trade name or registered trade mark of the manufacturer and the postal address at which contact with him can be contacted;
(b) if the manufacturer is not established in the territory of the European Union: the information given under (a) and the name, registered trade name or registered trade mark of the importer and the postal address on which he/she may be contacted;
c. the name and type of the item,
d. the minimum age limits as set out in Article 4, second paragraph ,
e. the relevant category and instructions for use,
f., where appropriate, a minimum safety distance,
g. the net explosive mass (NEM),
h. the registration number of the item and the product's party or serial number.
2 The information referred to in paragraph 1 shall be drawn up in the Dutch language, visible, legible, clear, understandable and indelible.
3 Where the pyrotechnic article does not provide sufficient space for the data referred to in paragraph 1, the information shall be displayed on the primary packaging.
This Article shall not apply to the pyrotechnic articles referred to in the Annex to this Article. Articles 12 and 13 .
1 The label of pyrotechnic articles for vehicles shall indicate:
a. The name, registered trade name or registered trade mark of the manufacturer and one postal address on which contact with him may be contacted;
b. The name and type of the pyrotechnic article,
c. the registration number and product, batch or serial number of the pyrotechnic articles; and
d. if necessary, the safety rules.
2 If the article does not provide adequate space for the labelling requirements referred to in paragraph 1, the information on the packaging of the item shall be stated.
3 A safety data sheet for the pyrotechnic article for vehicles drawn up in accordance with Annex II to Regulation (EC) No The European Parliament and the Council of 18 December 2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency and which takes into account the specific needs of the professional users, is provided to those users in the language requested by him.
4 The safety data sheet may be supplied on paper or by electronic means, provided that the professional user has the necessary resources to access it.
1 The Minister may, in accordance with the provisions of this Article, submit a request to the Council Article 26a , designate which is competent to carry out the conformity assessment procedure. The 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 26a to 26i .
3 To the designation, rules may be attached to implement the requirements, mentioned in the Articles 26a to 26i .
1 A body that wishes to be designated in the sense of Article 26, first paragraph , please submit a request for appointment to the Minister.
2 The request for designation 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 pyrotechnic articles for which the body declares that it is competent; and
b. the accreditation certificate issued by a national accreditation body certifying compliance of the conformity assessment body with the requirements in force. 26a to 26i .
1 The designated body shall be independent of the organisations it assesses and the pyrotechnic articles 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 pyrotechnic article, 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 authority or the use of pyrotechnic articles 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 pyrotechnic articles or explosive substances. They shall not exercise any activity, such as advisory services, which may jeopardise their independent judgement or their integrity in relation to conformity assessment activities for which they have been designated.
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 -
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 notified body shall have at all times, in respect of each conformity assessment procedure and for each type and category of pyrotechnic articles for which it has been notified of:
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 this Arrangement; 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 such 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 this arrangement. 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. relevant standardisation activities; and
(b) 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 paragraph 1 (b) 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 the Articles 26a to 26i , 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 Articles 26a to 26i , compliant;
b. inform the Minister thereof;
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. activities carried out at the disposal of the 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;
deciding on the issue of an additional approval for the purposes of module B, as referred to in Annex II to the EU Directive on pyrotechnic articles, under 7;
(c) decide on the assessment or re-assessment of the quality system for the purposes of the application of Module D, as referred to in Annex II to the EU Directive, on pyrotechnic articles, under 3.3 and 3.5; or of module E, as referred to in Annex II to the EU Directive on pyrotechnic articles, under 3.3.
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, which shall respect the rigour and level of protection required to ensure that the pyrotechnic article meets the essential 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 assign registration numbers for the identification of the pyrotechnic article subject to a conformity assessment and to identify the manufacturer of this Article.
2 The notified body shall keep a register of the registration numbers of pyrotechnic articles for which it has issued certificates of conformity.
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 pyrotechnic articles are no longer in conformity with the requirements of 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 restricted, suspended or revoked as appropriate by the notified body.
The notified body shall take part, directly or through appointed representatives, in the work of the forum of notified bodies.
The Minister shall ensure the lawful and effective implementation of this scheme by the designated authority.
1 The notified body shall inform the Minister without delay 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;
2 At the request of the Minister, the notified body shall inform the Minister of the conformity assessment activities carried out within its scope, including cross-border activities and outtakes.
3 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 26a to 26i , or fail to fulfil its obligations, the Minister may restrict, suspend or revoke the designation depending on the seriousness of the failure to comply with those requirements or the failure to comply with those obligations.
2 The Minister shall immediately inform the other Member States of the European Union and the European Commission of the measures referred to in the first paragraph.
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 the Minister and the Market Supervisor at the Minister's request; or
b. shall transfer the files to another notified body.
In Article 4 of the Conditions of Verification of Conformity Pyrotechnic Articles, the following 'Articles' shall be inserted: Fire Working Decision .
1 This arrangement shall enter into force on 4 July 2013.
2 By way of derogation from the first paragraph, the Articles 27 to 33 in effect on 1 January 2012.
3 By way of derogation from the first paragraph, a manufacturer or importer may, during the period from 1 January 2012 to 3 July 2013, apply in respect of a pyrotechnic article to which this arrangement applies from 4 July 2013 to Article 14 . If this article is applied, the Articles 6 , 7 , 15 , 16 , 17, second paragraph , 18 to 21 , 22, first and second members , and 23 to 25 applicable.
4 Pyrotechnic Articles complying with this scheme, such as those that prior to the entry into force of the Arrangement of 15 January 2016, amending the Conditions of Employment of Other pyrotechnic articles in connection with the implementation of Directive 2013 /29/EU the European Parliament and the Council of 12 June 2013 on the harmonisation of the laws of the Member States concerning the making available on the market of pyrotechnic articles (recast) (PbEU 2013 L 178) and Implementing Directive 2014 /58/EU of 16 March 2013 on the approximation of the laws of the Member States relating to the marketing of pyrotechnic articles (P April 2014 of the Commission for setting up a traceability system for pyrotechnic articles according to Directive 2007 /23/EC (PbEU L 115) (Stcr. 2016, No 1696) were placed on the market before that date, and may also be placed on the market after that date.
5 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.
This scheme is cited as: Regulations other pyrotechnic articles.
This arrangement will be set out in the Official Journal.
' s-Gravenhage, 11 October 2010
TheMinister
of Housing, Spatial Planning and the Environment,J.C. Huizinga-Heringa
This part has not (yet) entered into force; see the summary of changes
