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Regulations On Pyrotechnic Articles

Original Language Title: Forskrift om pyrotekniske artikler

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Regulations for pyrotechnic articles


Date FOR-2013-10-03-1199


Affairs Ministry of Justice


Published In 2013 Booklet 14


Commencement 11/10/2013

Edited


Changes


For
Norway

Legal

LOV-2002-06-14-20-§5, LOV-2002-06-14-20-section 6, LOV-2002-06-14-20-§20, LAW-2002-06-14- 20-§22, LOV-2002-06-14-20-Section 25, LOV-2002-06-14-20-L-26, LOV-2002-06-14-20-§27, LAW-2002-06- 14-20-Section 28, LOV-2002-06-14-20-§43, FOR-2003-09-01-1161

Promulgated
11.10.2013 kl. 15.55


Corrected 23.02.2016 (EEA referrals)

Short Title
Regulations for pyrotechnic articles

Chapter Overview:

Chapter 1. Introductory provisions (§§ 1-2)
Chapter 2. Market Participants and technical requirements for pyrotechnic articles (§§ 3-19)
Chapter 3. Labelling (§§ 20 - 22a) | || Chapter 4. conformity assessment bodies (§§ 23-29)
Chapter 5. Administrative provisions (§§ 30-34)
Appendix I. Basic safety requirements
Annex II Procedures for conformity assessment
Appendix III Fireworks which can be made available for consumer
Appendix IV Register pursuant to § 27a

Adopted by Directorate for Civil Protection and Emergency Planning 3. October 2013 pursuant to Act 14 June 2002 no. 20 relating to protection against fire, explosion and accidents involving hazardous substances and the fire service (Fire and Explosion Act) § 5 , § 6, § 20, § 22, § 25, § 26, § 27, § 28 and § 43 letters a and b, ref. delegated decision on 1 september 2003 no. 1161.
EEA information: EEA Annex II chap. XXIX no. 4 (Directive 2013/29 / EU).
Changes in regulations 4 June 2015 No.. 590 (effective October 17, 2016).
Corrections: 23/02/2016 (EEA referrals).

Chapter 1. Introductory provisions

§ 1. Scope These regulations apply pyrotechnic articles, requirements for market participants who bring pyrotechnic articles on the market or makes pyrotechnic articles available on the market, and requirements for conformity assessment bodies.
Excluded from the regulations are:

A)
Pyrotechnic articles intended for non-commercial use in accordance with national legislation of the armed forces, the police or fire department

B)
equipment in accordance with Directive 96/98 / EC on marine equipment

C)
Pyrotechnic articles intended for use in the aerospace industry

D)
Pestle caps intended specifically for toys, which are covered by Directive 2009/48 / EC on the safety requirements for toys

E)
Explosives in accordance with Directive 93/15 / EEC on the marketing and control of explosives for civil uses

F)
Ammunition

G)
Fireworks produced for the manufacturer's own use and which have been approved by the supervisory authority.

Regulation does not apply on Svalbard.

§ 2. Definitions In these regulations:

A)

Pyrotechnic article article containing a hazardous substance or an explosive mixture of substances intended to generate heat, light, sound, gas or smoke, or a combination thereof by means of exothermic chemical reactions, which holds itself in time || |
B)

Accreditation: A certification from Norwegian accreditation that a conformity assessment body meets the requirements laid down in harmonized standards and, where applicable, any additional requirements including those set out in relevant sectoral schemes, to carry out a specific conformity assessment activities

C)

Ammunition, projectiles, propellant charges and blank ammunition used in small arms, others guns and artillery

D)

Bring in revenue: making a pyrotechnic article available in the EEA for the first time

E)

CE marking, marking where the manufacturer indicates that the pyrotechnic article meets the applicable requirements set out in the EEA 'harmonization legislation for such labeling

F)

Distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a pyrotechnic article available on the market

G)

EEA 'harmonization legislation: all EU legislation to harmonize conditions for the marketing of products

H)

Fireworks, pyrotechnic article intended for entertainment

I)

Make available on the market means any supply of a pyrotechnic article for distribution, consumption or use in the EEA in connection with commercial activities, against payment or free of charge

J)

Harmonized standard: a standard adopted by one of the European standardization bodies listed in Annex I to Directive 98/34 / EC of 22 June 1998 laying down a procedure for technical standards and regulations on the basis of a request from the Commission in accordance with Article 6 of the Directive

K)


Importer means any natural or legal person established within the EU that brings a pyrotechnic article from a third country on the market within the EEA

L)

Market participants: producer, importer and distributor

M)

Producer: any natural or legal person who manufactures a pyrotechnic article, or who get such an article designed or manufactured, and which markets the article under his name or trademark

N)

Professional: person who has been authorized by a Member State to the territory to handle and / or use fireworks in category 4, stage fireworks in categories T2 and / or other pyrotechnic articles of category P2

O)

Pyrotechnic articles for vehicles, components of safety devices in vehicles which contain pyrotechnic substances intended for activation of these or other devices in vehicles

P)

Conformity Assessment: a process to determine whether the basic safety requirements of a pyrotechnic article have been fulfilled

Q)

Conformity assessment body: a body that performs conformity assessment activities, including calibration, testing, certification and inspection

R)

Stage fireworks, pyrotechnic articles designed for indoor or outdoor stage use, including for film and television productions and the like

S)

Technical Specification: a document in which it set out the technical requirements to be fulfilled by a pyrotechnic article

T)

Recall any measure aimed at the return of a pyrotechnic article that has already been made available to the end user

U)

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

Chapter 2. Market Participants and technical requirements for pyrotechnic articles

§ 3. Identification of market participants Market participants shall at the request of the supervisory authority, for a period of at least ten years, could identify any market participant that it has received pyrotechnic articles from, and that it has delivered such articles.

§ 3a. Manufacturer and importer overview of traceability

§ 4. Accessibility of pyrotechnic articles Pyrotechnic products categories can be made available for professionals.
Only fireworks in categories 1 and fireworks as mentioned in Annex III may be made available to the consumer.
Pyrotechnic articles shall not be made available to consumers below the following age:

A)
Fireworks

I)
Category 1: 12 years

Ii)
category 2 and 3: 18.

B)
Pyrotechnic articles of category P1 and stage fireworks of category T1: 18 years.

§ 5. Manufacturer's obligations related to technical requirements, labeling and documentation The manufacturer shall ensure that pyrotechnic articles are placed on the market are designed and manufactured in accordance with Annex I.
manufacturer must categorize pyrotechnic articles pursuant to § 6.
manufacturer shall establish the technical documentation referred to in Annex II and carry out the relevant procedure for conformity assessment referred to in § 16
When the method in accordance with subsection is proven that the pyrotechnic article is in compliance with applicable requirements, the manufacturer shall draw up a declaration of conformity and affix the CE mark.
The manufacturer shall keep the technical documentation and declaration of conformity for ten years after the pyrotechnic article is placed on the market.
The manufacturer shall ensure that there are procedures to ensure continued compliance by series production. Give due regard to changes in the pyrotechnic article design or characteristics and changes in the harmonized standards or technical specifications referred to in the declaration of conformity.
When deemed appropriate with regard to the risks associated with a pyrotechnic article, the manufacturer shall, in order to protect consumer health and safety, take samples of pyrotechnic articles he has made available on the market, investigate and, if necessary, keep a register of complaints, pyrotechnic articles that fail to meet requirements, and recalls of pyrotechnic articles and keep distributors informed of any such monitoring.
The manufacturer shall ensure that the pyrotechnic articles are labeled in accordance with § 20 or § 21

§ 6. Categories Pyrotechnic articles shall be categorized by use, purpose and risks, including noise level. The articles should be categorized as follows:

A)
Fireworks

I)

Category 1: fireworks associated with low risk and minimal noise level, which is intended for use in physically restricted areas, including fireworks for indoor residential use

Ii)


Category 2: fireworks associated with low risk and low noise levels, which are intended for outdoor use in physically restricted areas

Iii)

Category 3: fireworks associated with medium risk, which is intended for outdoor use in large, physically open areas and whose noise level is not harmful

Iv)

Category 4: fireworks associated with high risk, which is intended to only be used by professionals and if the noise level is not harmful.

B)
Scene Fireworks

I)

Category T1: pyrotechnic articles for stage use with low risk

Ii)

Category T2: pyrotechnic articles for stage use which are intended to only be used by professionals.

C)
Other pyrotechnic articles

I)

Category P1: Other pyrotechnic articles than fireworks and stage fireworks, which are associated with low risk

Ii)

Category P2: Other pyrotechnic articles than fireworks and stage fireworks, which are intended to only be handled or used by professionals.

§ 7. The manufacturer is obliged by mismatched Manufacturer who finds or has reason to believe that a pyrotechnic article he has placed on the market is not in accordance with this Regulation shall immediately take the necessary corrective measures to bring the pyrotechnic article in accordance with this regulation or, if necessary, withdraw it or revoke it.
If the pyrotechnic article presents a risk, the manufacturer shall also immediately notify the supervisory authority on this and provide more detailed information in particular about the pyrotechnic article mismatched and any corrective measures taken.

§ 8. The importer's obligations related to technical requirements, sampling, labeling and documentation importer shall not bring in revenue pyrotechnic articles that are not in accordance with regulations.
Before importer brings a pyrotechnic article on the market, he shall ensure that the manufacturer has carried out the appropriate procedure for conformity assessment referred to in § 16. He shall ensure that the manufacturer has drawn up the technical documentation, that the pyrotechnic article is CE marked and monitored of the required documents and that the manufacturer has complied with the requirements of § 20 or § 21
the importer shall state their name and contact address on the pyrotechnic article or, if this is not possible, on its packaging or in a document accompanying the pyrotechnic article.
The importer shall ensure that the pyrotechnic article is accompanied by instructions and safety information in Norwegian.
When deemed appropriate in the interests of the risks associated with the pyrotechnic article, the importer, to protect consumer health and safety, take samples of pyrotechnic articles he has made available on the market, investigate and, if necessary, keep a register of complaints, pyrotechnic articles that fail to meet requirements, and recalls of pyrotechnic articles and keeping distributors informed of such monitoring.
Importer shall at least 10 years after the pyrotechnic article is placed on the market, keep a copy of the Declaration and set it at the disposal of the supervisory authority and ensure that the technical documentation on request be made available to the supervisory authority.
Importer is subject to the same obligations as the manufacturer, if he brings in revenue pyrotechnic articles under his name or trademark or makes changes to those articles, which are placed on the market in such a way that compliance with these regulations may be affected .

§ 9. The importer is obliged by mismatched Importer who finds or has reason to believe that a pyrotechnic article is not in conformity with the basic safety requirements of Annex I shall not bring the pyrotechnic article in turnover. The importer shall inform the manufacturer and the supervisory authority of pyrotechnic articles that pose a risk.
Importer who finds or has reason to believe that a pyrotechnic article he has placed on the market is not in accordance with this Regulation shall immediately take the necessary corrective measures to bring that pyrotechnic article in accordance with this Regulation or if necessary, withdraw it or revoke it. If the pyrotechnic article presents a risk, the importer shall immediately inform the supervisory authority accordingly, providing detailed information especially about the pyrotechnic article mismatched and any corrective measures taken.

§ 10. The importer's obligations related to transportation and storage conditions importers shall so long as they are responsible for a pyrotechnic article, ensure that storage or transport conditions do not set the pyrotechnic article's conformity with the basic safety requirements of Annex I in danger.


§ 11. Distributor's obligations relating to technical requirements, labeling and documentation When a distributor makes a pyrotechnic article available on the market, he shall expel due diligence with regard to the requirements of this regulation.
Before the distributor makes a pyrotechnic article available on the market, he should make sure it is CE marked, it is accompanied by the required documents and by instructions and safety information in Norwegian and that the manufacturer and the importer have complied with the requirements of § 20 or § 21 and § 8 subsection.
Distributor is subject to the same obligations as the manufacturer, if he brings in revenue pyrotechnic articles under his name or trademark or makes changes to those articles, which are placed on the market in such a way that compliance with this regulation requirements can be touched.

§ 12. Distributor's duties at mismatched Distributor who finds or has reason to believe that a pyrotechnic article is not in conformity with the basic safety requirements of Annex I shall not make the pyrotechnic article available on the market. The distributor shall inform the manufacturer or importer and the supervisory authority of pyrotechnic articles that pose a risk.
Distributor who finds or has reason to believe that a pyrotechnic article he has made available on the market, is not in compliance with these regulations shall ensure that the necessary corrective measures to be taken to bring the pyrotechnic article in accordance with Regulations or if necessary to withdraw it or retract it. If the pyrotechnic article presents a risk, the distributor shall immediately inform the supervisory authority accordingly, providing detailed information especially about the pyrotechnic article mismatched and any corrective measures taken.

§ 13. Distributor's obligations related to transportation and storage conditions Distributors shall so long as they are responsible for a pyrotechnic article, ensure that storage or transport conditions do not set the pyrotechnic article's conformity with the basic safety requirements of Annex I in danger.

§ 14. Obligation of economic operators to cooperate with the supervisory authority Market Participants shall, on a reasoned request from the supervisory authority to give this all information and documentation necessary to demonstrate the pyrotechnic article's conformity, in a Scandinavian language or English. Market Participants shall cooperate with the supervisory authority of any action taken to eliminate the risks associated with pyrotechnic articles they have placed on the market or made available on the market.

§ 15. Assumption of pyrotechnic line items according Pyrotechnic articles which are in conformity with harmonized standards or parts thereof, that have been published references in the Official Journal, shall be presumed to comply with the basic safety requirements covered by these standards or parts of them, as specified in Annex I.

§ 16. Procedures for Conformity Assessment In assessing pyrotechnic line items matching the manufacturer shall follow one of the following procedures:

A)
EC type examination (Module B) referred to in Annex II and following the manufacturer's own choice one of the following procedures:

I)
Conformity to type based on internal production control plus supervised product checks at random intervals (Module C2) as specified in Annex II

Ii)
conformity to type based on quality assurance of the production process (module D) referred to in Annex II

Iii)
conformity to type based on product quality assurance (Module E) referred to in Annex II

B)
Conformity based on unit verification (module G) referred to in Annex II

C)
Conformity based on full quality assurance (module H) referred to in Annex II, while there is talk of fireworks in category 4

§ 17. Declaration of conformity This declaration must state that it is proven that the basic safety requirements of Annex I are met.
Conformity statement must contain the elements specified in the relevant modules in Annex II to this regulation.
The Declaration of Conformity must be prepared in accordance with European Parliament and Council Decision No. 768/2008 / EC Annex III and shall be updated continuously.
The Declaration shall be in a Scandinavian language or English.
If a pyrotechnic article is subject to more than one piece of EU legislation, which requires a declaration of conformity, issued a single declaration for all these EU legislation. It shall be stated in the declaration, which acts to which it relates, including where these are made public.
By preparing the declaration of conformity the manufacturer assumes responsibility for the pyrotechnic article's conformity.


§ 18. Pyrotechnic products to fairs, exhibitions or demonstrations Pyrotechnic products can be displayed and used at fairs, exhibitions or demonstrations even if they are not in accordance with regulations, provided that the visible signs, where the current messes, exhibition or demonstration name and date indicated, clearly stated that the relevant pyrotechnic articles are not in accordance with regulations and that they can not be sold before they are brought into conformity with the regulations.
At such events as mentioned in subsection shall be taken adequate measures to ensure safety.

§ 19. Pyrotechnic products for research, development and testing Pyrotechnic products for research, development and testing can be made available on the market and used even if they are not in accordance with regulations, provided that the visible signs is clear that the current pyrotechnic articles are not in accordance with regulations and that they can not be acquired for purposes other than research, development and testing.

Chapter 3. Marking

§ 20. Marking of pyrotechnic articles with the exception of pyrotechnic articles for vehicles Pyrotechnic products, with the exception of pyrotechnic articles for vehicles shall be marked clearly, legibly and permanently on Norwegian.
The labeling of pyrotechnic articles shall include at least the manufacturer's name and address, article name and type, registration number, the minimum age limit according to § 4, the relevant category and instructions for use, manufacture of fireworks category 3 and 4, the net explosive content (NO), and, where appropriate, minimum safety distance. If the manufacturer is not established within the Community, the manufacturer's name and address are replaced with the manufacturer's name and the importer's name and address.
Fireworks shall additionally at least be provided with the following information:

A)

Category 1: where appropriate: "for outdoor use only" and a statement of the minimum safety distance

B)

Category 2: "for outdoor use only" and, if applicable, an indication of the minimum safety distance (s)

C)

Category 3: "for outdoor use only" and a statement of the minimum safety distance (s)

D)

Category 4: "for professional use only" and a statement of the minimum safety distance (s).

Scene Fireworks should also at least be provided with the following information:

A)

Category T1: where appropriate: "for outdoor use only" and a statement of the minimum safety distance

B)

Category T2: "for professional use only" and a statement of the minimum safety distance.

If it is not possible to label the pyrotechnic article in accordance with the second and third paragraphs, the information entered on the smallest packaging unit.

§ 21. Labelling of pyrotechnic articles for vehicles Labelling of pyrotechnic articles for vehicles shall include the manufacturer's name, article name and type, registration and safety information.
If it is not possible to label the pyrotechnic article, the information shall be stated on the packaging.
A safety data sheet prepared in accordance with Annex to Regulation (EC) No. 1907/2006 shall be distributed to professional users in the language they want.
The MSDS can be issued on paper or electronically, provided that the recipient has the necessary means of receiving it.

§ 22. CE marking of pyrotechnic articles CE mark shall be affixed by the manufacturer.
By affix or have affixed CE mark shows the manufacturer that he endorses that the pyrotechnic article is in compliance with all applicable requirements set out in the current EEA 'harmonization legislation for such labeling.
The CE mark shall be affixed before the pyrotechnic article on the market.
CE marking should be the only marking certifying that the pyrotechnic article is in compliance with requirements established by applicable EEA 'harmonization legislation for such labeling.
CE marking should be visible, easily legible and durable inflicted the pyrotechnic article or, where that is not possible, on the packaging and on the accompanying documentation.
It is prohibited to affix a pyrotechnic article marking, signs or inscriptions which could mislead with regard to the CE Mark significance or graphic design. Other markings may be applied the pyrotechnic article, provided that it does CE mark less visible or readable or changing its meaning.
The CE mark shall be followed by the notified body's identification number in the event that such an agency is involved in the production control phase.
The notified body's identification number shall be affixed by the body itself or, for body instructions, by the manufacturer.
Following CE mark and, where applicable, the identification number referred to in the seventh paragraph, it applied a pictogram or any other mark indicating a special risk or use.

CE marking shall consist of the initials 'CE' taking the following form:

CE marking must have a height of at least 5 mm. If the CE mark is reduced or enlarged, the proportions observed.

§ 22a. Marking for traceability

Chapter 4. Conformity assessment bodies

§ 23. Designation of notified bodies Conformity assessment bodies that will be notified body of these regulations shall apply Directorate for Civil Protection and Emergency Planning.
Conformity assessment body shall by its designation, fulfill the requirements of § 24
application shall be accompanied by a description of the conformity assessment activities, the person or conformity assessment modules and or pyrotechnic articles which it claims to be competent for, as well as an accreditation certificate issued by Norwegian accreditation, if this exists, which confirms that the conformity assessment body meets the requirements of § 24
If conformity assessment body can not produce an accreditation certificate, it shall provide the supervisory authority the documentation required to verify, recognize and regular monitoring of the body meets the requirements of § 24

§ 24. Requirements for notified bodies a conformity assessment body shall be established in accordance with national law and be a legal entity.
A conformity assessment body shall be a third-party body that is independent of the organization or the pyrotechnic article it assesses.
A conformity assessment body, its top management and staff responsible for performing compliance reviews should not be those that designs, manufactures, supplies, installs, buys, owns, uses or maintains the pyrotechnic articles they assess, nor be representative for any of these parties. This shall not preclude the use of assessed pyrotechnic articles or explosive substances that are necessary conformity assessment body activities, or use of such products for personal purposes.
A conformity assessment body, its top management and staff responsible for performing compliance reviews may not participate directly in the design, manufacture, marketing, installation, use or maintenance of pyrotechnic articles or explosive substances or represent the parties participating in such activities. They shall not engage in activities that may conflict with their independence or integrity in connection with the conformity assessment activities they are registered for. This will particularly apply to consulting services.
Conformity assessment bodies shall ensure that their daughter enterprise or subcontractor activities do not affect the confidentiality, objectivity and impartiality with regard to bodies conformity assessment activities.
Conformity assessment bodies and their personnel shall exercise their conformity assessment activities with the highest degree of professional integrity and have the necessary technical qualifications in the relevant field, and they shall not be subjected to any form of pressure or influence, particularly financial, which will could affect their decisions or the results of their conformity assessment activities, especially as regards persons or groups of persons affected by the results of this business.
A conformity assessment body shall carry out all the conformity assessment tasks assigned to it pursuant to § 16, and that it is signed for, whether these tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.
A conformity assessment body shall at all times and for each method of conformity assessment and each kind or category of pyrotechnic articles that have been reported for, have at their disposal:

A)
necessary personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks

B)
descriptions of procedures for conformity assessment that ensures openness and the ability to repeat these procedures. The body shall have appropriate policies and procedures to distinguish between tasks it carries out as a notified body and other activities,

C)
procedures for conduct of business that takes due account of the size of the entity, the sector in which it conducts its business, its structure, the complexity of the current product technology and production process mass or serial touch.

It should have the necessary funds in a suitable manner to perform the technical and administrative tasks connected with the conformity assessment, and should have access to all necessary equipment or all necessary facilities.
Staff responsible for performing conformity assessment must have:

A)
solid technical and vocational training covering all the conformity assessment activities that conformity assessment body has been notified of,

B)

Satisfactory knowledge of the requirements for the opinions they perform, and the necessary authority to carry out these assessments,

C)
satisfactory knowledge and understanding of the essential safety requirements of Annex I, the relevant harmonized standards and current EEA 'harmonization legislation and its implementing regulations,

D)
the necessary qualifications to draw up the certificates, records and reports demonstrating that assessments have been performed.

It must be ensured that the conformity assessment bodies, their top management and assessment staff is impartial.
Remuneration to a conformity assessment body's top management and to review staff shall not depend on the number of completed evaluations or the results of such assessments.
Conformity assessment bodies shall take out liability insurance unless the state assumes liability in accordance with national law, or the State itself is directly responsible for the conformity assessment.
A conformity assessment body's staff shall have a duty of confidentiality with regard to all information they become aware of while performing their duties in accordance with § 16, except to the supervisory authority. Property rights must be protected.
Conformity assessment bodies shall participate in, or ensure that their assessment personnel are informed of the relevant standardization activities and the activities of the coordination group for notified bodies established under applicable EEA 'harmonization legislation, and use the administrative decisions and documents that are the result of this group's work, as general guidelines.

§ 25. Assumption of notified bodies conformity Where a conformity assessment body documenting that it meets the criteria laid down in the relevant harmonized standards or parts thereof, which have been published references in the Official Journal, shall be presumed to meet the requirements of § 24, to the extent that the relevant harmonized standards cover these requirements.

§ 26. Notified bodies subsidiaries and subcontractors If a notified body assigns specific tasks relating to conformity assessment of a subcontractor or a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements of § 24 and notify the supervisory authority about this.
The notified bodies shall assume full responsibility for the tasks performed by subcontractors or subsidiaries, wherever these are established.
Tasks can only be transferred to a subcontractor or carried out by a subsidiary if the client has given his consent.
The notified bodies should be able to ask the relevant documents on the assessment of the subcontractor's or subsidiary's qualifications and the work that they have carried out in accordance with § 16, at the disposal of the supervisory authority.

§ 27 Notified bodies operational commitments A notified body shall carry out conformity assessments in accordance with the procedures of conformity assessment provided for in § 16
Conformity assessments shall be carried out in a manner proportionate to the goal, so that market participants are not imposing unnecessary burdens. Conformity assessment bodies shall conduct its operations so that due consideration is given to the size of the entity, the sector in which it conducts its business, its structure, the complexity of the product technology and production process mass or serial touch. In this connection they shall nevertheless comply with the degree of rigor and the level of protection required for the pyrotechnic article should comply with this regulation.
If a notified body finds that a producer has not complied with the basic safety requirements of Annex I or corresponding harmonized standards or technical specifications, it shall require the manufacturer to take appropriate corrective measures and not the certificate of conformity.
If a notified body in connection with compliance control after the issuance of a certificate finds that a pyrotechnic article no longer complies, it shall require the manufacturer to take appropriate corrective action, if necessary, revoke the certificate temporarily or withdraw it.
If no corrective action is taken, or if they do not have the desired effect, the notified body shall restrict certificate, suspend it temporarily or withdraw it, whichever is appropriate.
A notified body shall verify the classification in § 6 in connection with the procedure for conformity assessment in § 16.

§ 27a. Register for traceability

§ 28. Notified bodies reports to the supervisory authority A notified body shall inform the regulatory authority about:

A)
denial, restriction, temporary forfeiture or revocation of a certificate

B)
conditions that affect the scope and terms of designation

C)

Upon request, information about activities performed

D)
on request, conformity assessment activities, which is exercised within the framework of the designation, and all other activities, including activities and subcontracting across borders.

§ 29. Notified bodies duty to inform other notified bodies A notified body shall provide the other bodies designated in accordance with this regulation and exhibit similar conformity assessment activities that include pyrotechnic articles, relevant information on the negative and, on request, positive results conformity assessment.

Chapter 5. Administrative provisions

§ 30. Supervisory authorities Directorate for Civil Protection and Emergency Planning oversees the provisions laid down in the regulations are complied with.
Municipality can control labeling requirements of fireworks.
Directorate for Civil Protection and Emergency Planning may let other public or private experts supervise on its behalf.
Private expert who has been delegated authority can take payment to cover expenses associated with the delegated tasks.
When exercising supervision, the provisions of the Act of 14 June 2002 No.. 20 concerning protection against fire, explosion and accidents involving hazardous substances and the fire service (Fire and Explosion Act) § 33 - § 36 accordingly.

§ 31. Exemption Directorate for Civil Protection and Emergency Planning may grant exemptions from the requirements of these regulations if special circumstances, and it does not conflict with international agreements entered into by Norway.

§ 32. Sanctions In case of violation of regulations or decisions made in pursuance of this, the provisions of the Fire and Explosion Prevention Act § 37 - § 40 and § 42 mutatis mutandis.
If a notified body does not meet its obligations, the Directorate for Civil Protection and Emergency Planning limit or revoke the designation.
If pyrotechnic articles may pose a risk or not in accordance with these regulations, the Directorate for Civil Protection and Emergency Planning:

A)
prohibit placing on the market or make available pyrotechnic articles on the market

B)
require pyrotechnic articles withdrawn

C)
require pyrotechnic articles revoked

D)
require disclosure of warning information or similar to producers or users of pyrotechnical articles

E)
demand rectification of pyrotechnic articles

F)
require pyrotechnic articles destroyed

G)
prohibit the use of pyrotechnic articles

H)
require labeling of pyrotechnic articles.

§ 33. Transitional provisions National approvals for fireworks category 1, 2 and 3 granted before 1 January 2014, valid until the expiration date of the national authorization, or at the latest until July 4th 2017.
National approvals for other pyrotechnic articles, fireworks category 4 and stage fireworks granted before 1 January 2014, valid until the expiration date of the national authorization or at the latest until July 4th 2017.
national approvals for pyrotechnic articles for vehicles granted before 1 January 2014, valid until the expiration date of the national approval.

§ 34. Entry into force These regulations enter into force upon its publication in Norwegian Lovtidend.1

Appendix I. Basic safety requirements

1.
Each pyrotechnic article shall, to ensure maximum safety and reliability, have the performance characteristics specified by the manufacturer to the notified body.

2.
Each pyrotechnic article must be designed and manufactured in such a way that it can be destroyed in a safe manner, that has minimal impact on the environment.

3.
Each pyrotechnic article must function correctly when used for the purpose for which it is intended.

Each pyrotechnic article should be tested under realistic conditions. If this is not possible in a laboratory, the tests shall be performed under the conditions prevailing there the pyrotechnic article is intended to be used.
The following information and characteristics shall, where relevant, be considered or tested:

A)
Design, construction and characteristic properties, including detailed chemical composition (specifying the mass and percentage of the substances used) and dimensions

B)
the pyrotechnic article's physical and chemical stability under all normal, foreseeable environmental conditions,

C)
sensitivity to normal, foreseeable handling and transportation,

D)
compatibility between all components in terms of their chemical stability,

E)
the pyrotechnic article's resistance to moisture when used in humid or wet conditions and when its safety and reliability may be impaired by moisture,

F)

Resistance to low and high temperatures when the pyrotechnical article stored or used at such temperatures and its safety or reliability may be impaired by cooling or heating of a component or of the pyrotechnic article as a whole,

G)
safety devices designed to prevent the initiation or ignition occurs in untimely or inadvertent,

H)
appropriate directions and, if necessary, labeling regarding safe handling, storage, use (including safety distances) and destruction, in Norwegian,

I)
the pyrotechnic article, the carrier or other ingredients ability to resist degradation under normal, anticipated storage conditions,

J)
detailed specification of all necessary facilities and all necessary accessories and user manual that the pyrotechnic article must function safely.

During transport and when normal handling, the pyrotechnic articles contain the pyrotechnic composition, unless otherwise specified in the manufacturer's instructions.

4.
Pyrotechnic articles must not contain other explosives that could detonate than black powder and composition to achieve lighting effects, apart from articles in category P1, P2, T2 and fireworks of category 4 meeting the following conditions:

A)
explosives that could detonate, should not automatically be recovered by article

B)
for category P1, the article will not be able to detonate or itself initiate secondary explosives

C)
for category 4, T2 and P2, the article must be designed and intended not to detonate or, if it is designed to detonate, not itself initiate secondary explosives.

5.
The various groups of pyrotechnic articles shall also at least meet the following requirements:

A. fireworks

1.
Manufacturer must share the fireworks into different categories according to § 6 by net explosive content (NO), safety distances, noise level, or equivalent. The category shall be clearly indicated on the label.

A)
Fireworks in category 1 must meet the following conditions:

I)
safety distance should be at least 1 m, but it can be shorter when appropriate.

Ii)
The maximum noise level should not exceed 120 dB (A, imp), or an equivalent noise level measured by another appropriate method, at the safety distance.

Iii)
Category 1 shall not include popping articles, bangs batteries popping lighting effects and popping lyseffektbatterier.

Iv)
Toss Pestle in category 1 must not contain more than 2.5 mg sølvfulminat.

B)
Fireworks in category 2 shall satisfy the following conditions:

I)
safety distance should be at least 8 m, but it can be shorter when appropriate.

Ii)
The maximum noise level should not exceed 120 dB (A, imp), or an equivalent noise level measured by another appropriate method, at the safety distance.

C)
Fireworks Category 3 shall meet the following conditions:

I)
safety distance should be at least 15 m, but it can be shorter when appropriate.

Ii)
The maximum noise level should not exceed 120 dB (A, imp), or an equivalent noise level measured by another appropriate method, at the safety distance.

2.
Fireworks may only be produced from materials which minimize the danger residues may entail for health, property and the environment.

3.
Ignition method shall be clearly visible or indicated on the label or in the instructions.

4.
Fireworks shall not be able to move randomly and unexpectedly.

5.
Fireworks of category 1, 2 and 3 must be protected against inadvertent ignition either by a protective cap, with packaging or with the article's construction. Fireworks of category 4 must protect against inadvertent ignition by methods specified by the manufacturer.

B. Other pyrotechnic articles

1.
Pyrotechnic articles must be designed in such a way that the risk to health, property and the environment is minimized during normal operation.

2.
Ignition method shall be clearly visible or indicated on the label or in the instructions.

3.
Pyrotechnic articles must be designed in such a way that the danger remains implications for health, property and the environment, minimizing accidental ignition.

4.
Where relevant, the pyrotechnic article work as intended until the expiration date specified by the manufacturer.

C. Ignition Mechanisms

1.
Ignition Mechanisms should be initiated reliably and have sufficient initiation capability under normal, foreseeable conditions of use.

2.
Ignition Mechanisms shall be protected against electrostatic discharge under normal, foreseeable usage and storage conditions.

3.

Electric igniters must be protected against electromagnetic fields under normal, foreseeable usage and storage conditions.

4.
Lunt protection must have sufficient mechanical strength and must sufficiently protect the explosive material, when the fuse is exposed to normal, predictable mechanical load.

5.
Information sheltered the burning times should accompany the article.

6.
Information on electric detonators electrical characteristics (eg. Minimum ignition energy, resistance, etc.) To accompany the article.

7.
The wires to the electrical detonators shall, in view of their uses have sufficient insulation and mechanical resistance, and connection to the igniter, should be sufficiently strong.

Annex II Procedures for conformity assessment

1.
MODULE B: EC type examination

1.
EC type-examination is the part of the procedure for conformity assessment in which a notified body examines the technical design of a pyrotechnic article and verifies that the technical design meets the requirements of this regulation.

2.
EC-type examination shall be carried out as an examination of a specimen, representative of the production envisaged, of all the pyrotechnic article (production type)

3.
The manufacturer must lodge an application for EC type examination to a notified body of his choice.

The application shall include:

A)
manufacturer's name and address,

B)
a written declaration that the same application has not been lodged with another notified body,

C)
the technical documentation. The technical documentation shall make it possible to assess whether the pyrotechnic article is in conformity with the relevant requirements of this Directive and shall include an adequate analysis and assessment of risk. The technical documentation must include a description of the applicable requirements and shall, to the extent it is relevant for such assessment, cover the pyrotechnic article design, production and operation. The technical documentation shall, where appropriate, at least include:

In.
A general description of the pyrotechnic article

Ii.
Design and manufacturing drawings, component lists, lists of sub-assemblies, circuit diagrams etc.,

Iii.
Descriptions and explanations necessary for understanding the said drawings and lists and how the pyrotechnic article does,

Iv.
A list of the harmonized standards and / or other relevant technical specifications that have been published references in the Official Journal, applied partially or in its entirety, and descriptions of the solutions adopted to meet the basic safety requirements of this Regulations when these harmonized standards have not been applied. In cases where harmonized standards have been applied partially, be it in the technical documentation specified which parts are used,

V.
Results of design calculations, examinations, etc.,

We.
Test reports.

D)
specimens representative of the production envisaged. The notified body may request further copies if needed for carrying out the test program

E)
supporting documentation demonstrating that the technical design is satisfactory. In supporting documents, all documents that are used are indicated, especially if the relevant harmonized standards and / or technical specifications have not been applied in full. Substrates documentation shall, if necessary, include the results of tests conducted by the manufacturer appropriate laboratory, or another testing on behalf of the manufacturer and the manufacturer's responsibility.

4.
It shall:

For the pyrotechnic article:


4.1 examine the technical documentation and supporting evidence to assess whether the pyrotechnic article's technical design is satisfactory,

For specimens:

4.2
verify that the specimens were produced in accordance with the technical documentation and determine which parts are constructed in accordance with the applicable provisions of the relevant harmonized standards and / or technical specifications, and which parts are constructed without current provisions of the said standards have been applied,


4.3 perform or have performed the appropriate examinations and tests for in cases where the manufacturer has chosen to apply the solutions in the relevant harmonized standards and / or technical specifications, to check whether these solutions are applied correctly

4.4

Perform or have performed the appropriate examinations and tests for, in cases where the solutions in the relevant harmonized standards and / or technical specifications have not been applied, to check whether the solutions adopted by the manufacturer meet the essential safety requirements of Annex I,

4.5
consultation with the manufacturer where the examinations and tests will be performed.

5.
It shall prepare an assessment report on the measures taken in accordance with paragraph. 4, and the results of them. Without prejudice to the notified body duties to the supervisory authority, the notified body partially or completely disclose the content of this report only with the manufacturer's consent.

6.
If the type meets the requirements of this Directive, the notified body shall issue an EC type examination certificate to the manufacturer. The certificate must contain the name and address, the conclusions of the examination, any conditions for its validity and the necessary data for identification of the approved type. The certificate may have one or more attachments. Certificate and its annexes shall contain all information necessary to assess whether the manufactured pyrotechnic articles are in accordance with the examined type and to control pyrotechnic articles during use. Where the type does not meet the applicable requirements of these Regulations, the notified body shall refuse to issue an EC type examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal.

7.
It shall remain informed of any changes in the generally recognized state of the art which indicate that the approved type is no longer meet the requirements of this Regulation and determine whether such changes require further investigation. If so, the notified body shall notify the manufacturer of this.

The manufacturer must inform the notified body that holds the technical documentation with respect to the EC type examination certificate of all modifications to the approved type that may affect the pyrotechnic article's conformity with the basic safety requirements of these regulations or the conditions of validity. Such changes require additional approval in the form of an addition to the original EC type examination certificate.

8.
Each notified body shall inform its supervisory authorities about the EC-type examination certificates and / or any additions thereto which it has issued or withdrawn, and shall, periodically or upon request, make available to its supervisory list of certificates and / or any additional to those who are refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies the EC-type examination certificates and / or any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning the certificates and / or additions to those which it has issued.
Commission, Member States and the other notified bodies may receive on request a copy of the EC type examination certificates and / or additions. On request, the Commission and Member States a copy of the technical documentation and the results of surveys conducted by the notified body. The notified body shall keep a copy of the EC type examination certificate with annexes and additions as well as the technical data, including the documentation submitted by the manufacturer until the expiry of its validity period.

9.
The manufacturer must be able to produce a copy of the EC type examination certificate with annexes and additions as well as the technical documentation available to the supervisory authority for ten years after the pyrotechnic article is placed on the market.

2.
MODULE C2: Conformity to type based on internal production control plus supervised product checks at random intervals

1.
Conformity to type based on internal production control plus supervised product checks at random intervals is the part of the procedure for conformity assessment whereby the manufacturer fulfills the obligations laid down in no. 2, 3 and 4, and ensures and declares in sole responsibility that the affected pyrotechnic articles are in conformity with the type described in the EC type examination certificate and satisfies the requirements of this regulation.

2.
Production

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure that the manufactured pyrotechnic articles are in conformity with the type described in the EC type examination certificate and satisfies the requirements of this regulation.

3.
Product Make


Following manufacturer's choice, an accredited in-house body or a notified body chosen by the manufacturer perform or have performed product checks at random intervals determined by the body, to control the quality of the internal product control, being among those taken into account the pyrotechnic article technological complexity and production volume. A suitable sample of the finished pyrotechnic articles, taken on site by the notified body before the pyrotechnic article on the market, must be examined and appropriate tests as set out in relevant parts of the harmonized standards and / or technical specifications, or equivalent tests, shall performed to verify that the pyrotechnic article is in compliance with the requirements of this regulation. If a sample is not in accordance with the acceptable quality level, the body shall take appropriate measures.
Purpose of the steps Sampling to be used is to determine whether production of the pyrotechnic article occurs within acceptable limits in order to secure the pyrotechnic article compliance.
If the tests carried out by a notified body, the manufacturer shall, on the notified body's responsibility, affix the notified body's identification number during the manufacturing process.

4.
Conformity marking and declaration of conformity


4.1 The manufacturer shall affix the required conformity marking as defined in these regulations at each individual pyrotechnic article that is in conformity with the type described in the EC type examination certificate and satisfy the applicable requirements of this regulation.


4.2 The manufacturer shall draw up a written declaration of conformity for the pyrotechnic article and be able to make it available to the supervisory authority for ten years after the pyrotechnic article is placed on the market. In DoC must specify the pyrotechnic article it has been drawn.

A copy of the Declaration shall upon request be made available to the supervisory authority.

3.
MODULE D: Conformity to type based on quality assurance of the production process

1.
Conformity to type based on quality assurance of the production process is the part of the procedure for conformity assessment whereby the manufacturer fulfills the obligations laid down in Nos. 2 and 5, and ensures and declares in sole responsibility that the affected pyrotechnic articles are in conformity with the type described in the EC type examination certificate and meets the requirements of this regulation.

2.
Production

The manufacturer must operate an approved quality system as specified in paragraph. 3 for production and inspection and testing of finished pyrotechnic articles, and shall be subject to surveillance as specified in paragraph 4.

3.
Quality

3.1.
The manufacturer must lodge an application for assessment of the quality system concerned pyrotechnic articles to a notified body of his choice.

The application shall include:

A)
manufacturer's name and address,

B)
a written declaration that the same application has not been lodged with another notified body,

C)
all information relevant to the proposed category pyrotechnic article

D)
documentation for the quality system and

E)
the technical documentation for the approved type and a copy of the EC type examination certificate.

3.2.
Quality system shall ensure that the pyrotechnic articles are in conformity with the type described in the EC type examination certificate and satisfies the requirements of this regulation.

All the elements, requirements and provisions adopted by the manufacturer into account, shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must make it possible to interpret the quality system programs, plans, manuals and records in a uniform manner.
It shall include in particular an adequate description of:

A)
quality objectives and the organizational structure, responsibilities and powers with regard to product quality,

B)
techniques for manufacturing, quality control and quality assurance as well as processes and systematic measures used,

C)
examinations and tests to be carried out before, during and after manufacture, and how often they will be executed,

D)
quality records, such as inspection reports, test and calibration data, reports on qualifications of the personnel etc.,

E)
funds to supervise that the product quality required, is obtained, and that the quality system is functioning effectively.

3.3.

It shall assess the quality system to determine whether it satisfies the requirements referred to in paragraph. 3.2. It shall presume that the parts of the quality system that complies with the corresponding specifications of the national standard that implements the relevant harmonized standard and / or technical specifications, meets these requirements.

In addition to experience in quality management systems, the audit group have at least one member with experience in the assessment of the relevant product area and the affected product technology as well as knowledge of the applicable requirements of this regulation. The audit shall include an assessment visit to the manufacturer's premises. The auditing team shall review the technical documentation referred to in paragraph. 3.1 letter e to verify the manufacturer's ability to familiarize themselves with the applicable requirements of the regulations and to undertake the necessary investigations to ensure that the pyrotechnic article is in compliance with these requirements.
The manufacturer shall be notified of the decision. The notification must contain the conclusions of the examination and the reasoned assessment decision.

3.4.
The manufacturer must undertake to fulfill the obligations arising from the quality system as approved and to maintain it so that it remains functioning appropriately and effectively.


3.5 The manufacturer shall keep the notified body which approved the quality system informed of any intended change of the quality system.

It shall evaluate the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph. 3.2 or whether a reassessment is required.
The manufacturer shall be notified of the decision. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4.
Supervision of the notified body responsible

4.1.
Purpose of the audit is to ensure that the manufacturer fulfills the obligations arising out of the approved quality system.

4.2.
The manufacturer must allow the notified body access to inspect places where production, inspection, testing and storage locations and provide it with all necessary information, in particular

A)
documentation for quality system

B)
quality records, such as inspection reports, test and calibration data, reports on qualifications of the personnel etc.

4.3.
It shall carry out regular audits to ensure that the manufacturer maintains and applies the quality system and shall submit an audit report to the manufacturer.

4.4.
The notified body may pay unannounced visits to the manufacturer. During such visits the notified body may perform or have performed product tests to verify that the quality system is functioning correctly. It shall provide the manufacturer with a visit report and a test report if it is carried out tests.

5.
Conformity marking and declaration of conformity

5.1
manufacturer must affix the required conformity marking as defined in these regulations and, under the responsibility of the notified body referred to in paragraph. 3.1, the latter's identification number to each individual pyrotechnic article that is in conformity with the type described in the EC type examination certificate and that meets the applicable requirements of this regulation.


5.2 The manufacturer shall draw up a written declaration of conformity for the pyrotechnic article and be able to make it available to the supervisory authority for ten years after the pyrotechnic article is placed on the market. In DoC must specify the pyrotechnic article it has been drawn.

A copy of the Declaration shall upon request be made available to the supervisory authority.

6.
Manufacturer shall at least ten years after the pyrotechnic article is placed on the market, could be required to provide the regulatory authority:

A)
documentation referred to in paragraph. 3.1

B)
amendment referred to in paragraph. 3.5, as approved,

C)
decisions and reports from the notified body referred to in paragraph. 3.5, 4.3 and 4.4.

7.
Each notified body shall inform the supervisory authority of the quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to the supervisory authority the list of quality system approvals which are refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies the quality system approvals which are refused, suspended, withdrawn or otherwise restricted, and, upon request approvals of quality systems which it has issued.

4.
MODULE E: Conformity to type based on quality assurance of products

1.

Conformity to type based on product quality assurance is that part of the procedure for conformity assessment whereby the manufacturer fulfills the obligations laid down in Nos. 2 and 5, and ensures and declares in sole responsibility that the affected pyrotechnic articles are in conformity with the type described in the EC type examination certificate and meets the requirements of this regulation.

2.
Production

The manufacturer must operate an approved quality system as specified in paragraph. 3 for inspection and testing of finished pyrotechnic articles and shall be subject to surveillance as specified in paragraph 4.

3.
Quality

3.1.
The manufacturer must lodge an application for assessment of the quality system concerned pyrotechnic articles with a notified body of his choice.

The application shall include:

A)
manufacturer's name and address,

B)
a written declaration that the same application has not been lodged with another notified body,

C)
all information relevant to the proposed category pyrotechnic article

D)
documentation for the quality system and

E)
the technical documentation for the approved type and a copy of the EC type examination certificate.

3.2.
Quality system shall ensure that the pyrotechnic articles are in conformity with the type described in the EC type examination certificate and satisfies the applicable requirements of this regulation.

All the elements, requirements and provisions adopted by the manufacturer into account, shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must make it possible to interpret the quality system programs, plans, manuals and records in a uniform manner.
It shall include in particular an adequate description of:

A)
quality objectives and the organizational structure, responsibilities and powers with regard to product quality,

B)
examinations and tests to be performed after the actual production,

C)
quality records, such as inspection reports, test and calibration data, reports on qualifications of the personnel etc.,

D)
funds to supervise the quality system is working effectively.

3.3.
It shall assess the quality system to determine whether it satisfies the requirements referred to in paragraph. 3.2.

It shall presume that the parts of the quality system that complies with the corresponding specifications of the national standard that implements the relevant harmonized standard and / or technical specification, meets these requirements.
In addition to experience in quality management systems, the audit group have at least one member with experience in the assessment of the relevant product area and the affected product technology as well as knowledge of the applicable requirements of this regulation. The audit shall include an assessment visit to the manufacturer's premises. The auditing team shall review the technical documentation referred to in paragraph. 3.1 letter e to verify the manufacturer's ability to familiarize themselves with the applicable requirements of the regulations and to undertake the necessary investigations to ensure that the pyrotechnic article is in compliance with these requirements.
The manufacturer shall be notified of the decision. The notification must contain the conclusions of the examination and the reasoned assessment decision.

3.4.
The manufacturer must undertake to fulfill the obligations arising from the quality system as approved and to maintain it so that it remains functioning appropriately and effectively.


3.5 The manufacturer shall keep the notified body which approved the quality system informed of any intended change of the quality system.

It shall evaluate the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph. 3.2 or whether a reassessment is required.
The manufacturer shall be notified of the decision. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4.
Supervision of the notified body responsible

4.1.
Purpose of the audit is to ensure that the manufacturer fulfills the obligations arising out of the approved quality system.

4.2.
The manufacturer must allow the notified body access to inspect places where production, inspection, testing and storage locations and provide it with all necessary information, in particular

A)
documentation for quality system

B)
quality records, such as inspection reports, test and calibration data, reports on qualifications of the personnel etc.

4.3.
It shall carry out regular audits to ensure that the manufacturer maintains and applies the quality system and shall submit an audit report to the manufacturer.

4.4.

The notified body may pay unannounced visits to the manufacturer. During such visits the notified body may perform or have performed product tests to verify that the quality system is functioning correctly. It shall provide the manufacturer with a visit report and a test report if it is carried out tests.

5.
Conformity marking and declaration of conformity

5.1
manufacturer must affix the required conformity marking as defined in these regulations and, under the responsibility of the notified body referred to in paragraph. 3.1, the latter's identification number to each individual pyrotechnic article that is in conformity with the type described in the EC type examination certificate and that meets the applicable requirements of this regulation.


5.2 The manufacturer shall draw up a written declaration of conformity for the pyrotechnic article and be able to make it available to the supervisory authority for ten years after the pyrotechnic article is placed on the market. In DoC must specify the pyrotechnic article it has been drawn.

A copy of the Declaration shall upon request be made available to the supervisory authority.

6.
Manufacturer shall at least ten years after the pyrotechnic article is placed on the market, could be required to provide the regulatory authority:

A)
documentation referred to in paragraph. 3.1

B)
amendment referred to in paragraph. 3.5, as approved,

C)
decisions and reports from the notified body referred to in paragraph. 3.5, 4.3 and 4.4.

7.
Each notified body shall inform the supervisory authority of the quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to the supervisory authority the list of quality system approvals which are refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies the quality system approvals which are refused, suspended or withdrawn, and, upon request approvals of quality systems which it has issued.

5.
MODULE G: Conformity based on unit verification

1.
Conformity based on unit verification is the procedure for conformity assessment whereby the manufacturer fulfills the obligations of. 2, 3 and 5, and ensures and declares in sole responsibility that the affected pyrotechnic article, which is covered by the provisions of no. 4, complies with the requirements of this regulation.

2.
Technical Documentation

Manufacturer shall establish the technical documentation and set it at the disposal of the notified body referred to in paragraph 4. The documentation shall make it possible to assess whether the pyrotechnic article is in conformity with the basic safety requirements, and shall include an adequate analysis and assessment of the risk. The technical documentation must include a description of the basic safety requirements and shall, to the extent it is relevant for such assessment, cover the pyrotechnic article design, production and operation. The technical documentation shall, where appropriate, at least include:

A)
a general description of the pyrotechnic article

B)
design and manufacturing drawings, component lists, lists of sub-assemblies, circuit diagrams etc.,

C)
descriptions and explanations necessary for understanding the said drawings and lists and how the pyrotechnic article does,

D)
a list of the harmonized standards and / or other relevant technical specifications that have been published references in the Official Journal, applied partially or in its entirety, and descriptions of the solutions adopted to meet the basic safety requirements of these regulations when these harmonized standards have not been applied. In cases where harmonized standards have been applied partially, be it in the technical documentation specified which parts are used,

E)
results of design calculations, examinations, etc.,

F)
test reports.

The manufacturer must be able to keep the technical documentation available to the supervisory authority for ten years after the pyrotechnic article is placed on the market.

3.
Production

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure that the manufactured pyrotechnic articles meet the applicable requirements of this regulation.

4.
Verification


A notified body chosen by the manufacturer must perform or have performed the appropriate examinations and tests, as set out in the relevant harmonized standards and / or technical specifications, or equivalent tests, to verify that the pyrotechnic article is in compliance with the applicable requirements of Regulations. In the absence of such a harmonized standard and / or technical specification the notified body shall determine the appropriate tests to be performed.
The notified body shall issue a certificate of conformity on the basis of the performed examinations and tests, and shall affix its identification number to the approved pyrotechnic article or have it applied to the notified body responsible.
The manufacturer must be able to set certificates of conformity available for inspection authority for ten years after the pyrotechnic article is placed on the market.

5.
Conformity marking and declaration of conformity


5.1 The manufacturer shall affix the required conformity marking as defined in these regulations and, under the responsibility of the notified body referred to in paragraph. 4, the latter's identification number to each individual pyrotechnic article that satisfies the applicable requirements of this regulation.


5.2 The manufacturer shall draw up a declaration of conformity and to set it at the disposal of the supervisory authority for ten years after the pyrotechnic article is placed on the market. In DoC must specify the pyrotechnic article it has been drawn.

A copy of the Declaration shall upon request be made available to the supervisory authority.

6.
MODULE H: Conformity based on full quality assurance

1.
Conformity based on full quality assurance is the procedure for conformity assessment whereby the manufacturer fulfills the obligations laid down in Nos. 2 and 5, and ensures and declares in sole responsibility that the affected pyrotechnic articles meet the requirements of this regulation.

2.
Production

The manufacturer must operate an approved quality system as specified in paragraph. 3 for design, production and inspection and testing of finished pyrotechnic articles, and shall be subject to surveillance as specified in paragraph 4.

3.
Quality

3.1.
The manufacturer must lodge an application for assessment of the quality system concerned pyrotechnic articles with a notified body of his choice.

The application shall include:

A)
manufacturer's name and address,

B)
the technical documentation for one model of each category of pyrotechnic articles to be produced. The technical documentation shall, where appropriate, at least include:

-
A general description of the pyrotechnic article

-
Design and manufacturing drawings, component lists, lists of sub-assemblies, circuit diagrams etc.,

-
Descriptions and explanations necessary for understanding the said drawings and lists and how the pyrotechnic article does

-
A list of the harmonized standards and / or other relevant technical specifications that have been published references in the Official Journal, applied partially or in its entirety, and descriptions of the solutions adopted to meet the basic safety requirements of these regulations when these harmonized standards have not been applied. In cases where harmonized standards have been applied partially, be it in the technical documentation specified which parts are used,

-
Results of design calculations, examinations, etc.,

-
Test reports.

C)
documentation for quality system

D)
a written declaration that the same application has not been lodged with any other notified body.

3.2.
Quality system shall ensure that the pyrotechnic articles are in conformity with the requirements of this regulation.

All the elements, requirements and provisions adopted by the manufacturer into account, shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must make it possible to interpret the quality system programs, plans, manuals and records in a uniform manner.
It shall include in particular an adequate description of:

A)
quality objectives and the organizational structure, responsibilities and powers with regard to design and product quality,

B)
technical design specifications, including standards that will be used, and if the relevant harmonized standards and / or technical specifications will not be applied in full, the means that will be used to ensure that the basic safety requirements of this Regulation will be met,

C)

Techniques for control and verification of the design and the processes and systematic measures used when designing the pyrotechnic articles associated with the category concerned pyrotechnic article

D)
similar techniques for manufacturing, quality control and quality assurance as well as processes and systematic measures used,

E)
examinations and tests to be carried out before, during and after manufacture, and how often they will be executed,

F)
quality records, such as inspection reports, test and calibration data, reports on qualifications of the personnel etc.,

G)
funds to oversee the design and product quality required, is obtained, and that the quality system is working effectively.

3.3.
It shall assess the quality system to determine whether it satisfies the requirements referred to in paragraph. 3.2.

It shall presume that the parts of the quality system that complies with the corresponding specifications of the national standard that implements the relevant harmonized standard and / or technical specification, meets these requirements.
In addition to experience in quality management systems, the audit group have at least one member with experience in the assessment of the relevant product area and the affected product technology as well as knowledge of the applicable requirements of this regulation. The audit shall include an assessment visit to the manufacturer's premises. The auditing team shall review the technical documentation referred to in paragraph. 3.1 letter b to verify the manufacturer's ability to familiarize themselves with the applicable requirements of this regulation and conduct the necessary investigations to ensure that the pyrotechnic article is in compliance with these requirements.
The manufacturer shall be notified of the decision. The notification must contain the conclusions of the examination and the reasoned assessment decision.

3.4.
The manufacturer must undertake to fulfill the obligations arising from the quality system as approved and to maintain it so that it remains functioning appropriately and effectively.


3.5 The manufacturer shall keep the notified body which approved the quality system informed of any intended change of the quality system.

It shall evaluate the proposed changes and decide whether the amended quality system will still satisfy the requirements referred to in paragraph. 3.2 or whether a reassessment is required.
The manufacturer shall be notified of the decision. The notification must contain the conclusions of the examination and the reasoned assessment decision.

4.
Supervision of the notified body responsible

4.1.
Purpose of the audit is to ensure that the manufacturer fulfills the obligations arising out of the approved quality system.

4.2.
The manufacturer must allow the notified body access to inspect places where design, manufacture, inspection, testing and storage locations and provide it with all necessary information, in particular

A)
documentation for quality system

B)
quality records as foreseen by the design part of the quality system, such as results of analyzes, calculations, tests, etc.,

C)
quality records as foreseen by manufacturing part of the quality system, such as inspection reports, test and calibration data, reports on qualifications of the personnel etc.

4.3
It shall carry out regular audits to ensure that the manufacturer maintains and applies the quality system and shall submit an audit report to the manufacturer.


4.4 The notified body may pay unannounced visits to the manufacturer. During such visits the notified body carry out or have carried out tests of the pyrotechnic articles to check that the quality system is functioning correctly. It shall provide the manufacturer with a visit report and a test report if it is carried out tests.

5.
Conformity marking and declaration of conformity


5.1 The manufacturer shall affix the required conformity marking as defined in these regulations, and under the responsibility of the notified body referred to in paragraph. 3.1, the latter's identification number to each individual pyrotechnic article that satisfies the applicable requirements of this regulation.


5.2 The manufacturer shall draw up a written declaration of conformity for the pyrotechnic article and be able to make it available to the supervisory authority for ten years after the pyrotechnic article is placed on the market. In DoC must specify the pyrotechnic article it has been drawn.

A copy of the Declaration shall upon request be made available to the supervisory authority.

6.
Manufacturer shall at least ten years after the pyrotechnic article is placed on the market, could be required to provide the regulatory authority:

A)
the technical documentation referred to in paragraph. 3.1

B)

Documentation quality system referred to in paragraph. 3.1

C)
amendment referred to in paragraph. 3.5, as approved,

D)
decisions and reports from the notified body referred to in 3.5, 4.3 and 4.4.

7.
Each notified body shall inform the supervisory authority of the quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to the supervisory authority the list of quality system approvals which are refused, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies the quality system approvals which are refused, suspended or withdrawn, and, upon request approvals of quality systems which it has issued.

Appendix III Fireworks that can be made available for consumer

Type fireworks

Kat.
Maximum net explosive content (NO) in grams (g)

Batteries or combination of batteries can only be made available if they can stand by themselves during firing without needed buried, bolted or anchored first

Ground Batteries and combination batteries (Batteries and combinations)
2
Ground Battery or combination battery, except combination batteries with fountains: 500g
Combination Battery with fountains: 600 g, not more than 500 g can be elements that are not fountains
Ground Battery containing fonts: 600g Bright Effects (banger) used in ground batteries or combination of batteries: 100g
"Flash Composition" with bright effect (flash banger) used in ground batteries and combination of batteries: 25 g

3
Ground Battery or a combination battery: 1000 g
Bright Effects (banger) used in ground batteries or combination of batteries: 100g
"Flash Composition" with bright effect (flash banger) used in ground batteries and combination of batteries: 25 g

Bengal fire, Bengal flares (Bengal flames)
2
250 g

Bengal Matches (Bengal sticks)
2
50 g

Fountains (fountains)
2
250 g, if yell effect, no more than 5.0 give each unit

3
1000g, if yell effect, no more than 20 give each unit

Fire cups (Mines)
2
50 g. Fire cups can contain a maximum of five pyrotechnic devices containing propellant and each pyrotechnic device can contain a maximum of 5.0 g black powder or 2.0 g nitrate / metal-based pyrotechnic load or 1.0 g perchlorate / metal based pyrotechnic load
Fire cups without pyrotechnic elements can contain a maximum of 8.0 g of nitrocellulose with a weight percent of nitrogen of not more than 12.6.

3
200 g. Fire cups can contain a maximum of 25 pyrotechnic devices containing propellant and each pyrotechnic device can contain a maximum of 5.0 g black powder or 2.0 g nitrate / metal-based pyrotechnic load or 1.0g perchlorate / metal based pyrotechnic load

Roman candles (Roman candles)
2
50 g. Each pyrotechnic unit can contain a maximum of 10.0 g. Roman candles can contain a maximum of five pyrotechnic devices containing propellant and each of these pyrotechnic devices can contain a maximum of 10.0 g black powder or 4.0 g nitrate / metal-based pyrotechnic load or 2.0g perchlorate / metal based pyrotechnic load

Effektrør (Shot tubes)
2
25g. Propellant and / or shortcoming charge in each pyrotechnic device can contain a maximum of 10.0 g black powder or 4.0 g nitrate / metal-based pyrotechnic load or 2.0g perchlorate / metal based pyrotechnic load

3
40g. Propellant and / or shortcoming charge in each pyrotechnic device can contain a maximum of 20 g black powder or 8.0 g nitrate / metal-based pyrotechnic load or 4.0g perchlorate / metal based pyrotechnic load

Sparklers (Sparklers)
2
50 g

Soler (Wheels)
2
100g. If it's howl effect, maximum 5,0 give each unit

3
900 g. Each unit can contain a maximum of 150.0 g. If there is howling effect, maximum 20.0 give each unit

Appendix IV Register pursuant to § 27a