I

Royal Decree 563/2010 of 7 May, approving the Regulation on pyrotechnic articles and cardboard, as amended by Royal Decree 1335/2012 of 21 September, incorporated into our legal order Directive 2007 /23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles.

The approval of the aforementioned royal decree was an essential milestone in the fact that it excepted the pyrotechnics and the cardboard of the scope of the Royal Decree 230/1998, of 16 February, for which the regulation of explosives is approved, separating in two different regulations both matters, on the one hand, the explosives of civil use, being regulated by Royal Decree 230/1998, and on the other hand, the pyrotechnic articles and the cardboard, regulated by the Royal Decree 563/2010, of 7 May, whose justification is based on the fact that the technical requirements in the field of the They do not have the same degree of complexity and demand.

At European level, and by Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the requirements for accreditation and market surveillance relating to the placing on the market of products and repealing Regulation (EEC) No 339/93, the requirements for accreditation and market surveillance relating to the placing on the market of products were laid down, the accreditation of conformity assessment bodies was regulated, a framework for the market surveillance of products was adopted and for the checks on products from third countries and the general principles of the CE marking are laid down.

Decision No 768 /2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products is published, which lays down common principles and reference provisions applicable to all sectoral legislation in order to establish a coherent basis for the preparation, revision or recasting of such legislation.

In order to adapt Directive 2007 /23/EC of 23 May 2007 to the principles of Decision No 768 /2008/EC, the European Commission considered that a fundamental revision of this Directive was necessary, in addition to harmonising the laws, regulations and administrative provisions in force in the Member States, in order to ensure the free movement of pyrotechnic articles in the internal market, while ensuring a high level of protection of human health and safety and the protection of consumers and professional users. end. This high level of protection should include the approval of the relevant age limits for users of pyrotechnic articles.

For all of the above, on 12 June 2013, Directive 2013 /29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the placing on the market of pyrotechnic articles (recast), amending and subsequently repealing Directive 2007 /23/EC of 23 May 2007 was adopted.

The approval of this new directive made it necessary, first, to amend the Regulation on pyrotechnic articles and cardboard, approved by Royal Decree 563/2010 of 7 May, which was carried out by Order PRE/647/2014 of 25 April 2014 amending the Supplementary Technical Instruction No 2, 'Essential safety requirements for pyrotechnic devices, other pyrotechnic articles and ignition devices'.

This new Directive 2013 /29/EU also requires its incorporation into our legal order through a rule that replaces Royal Decree 563/2010 of 7 May and its amendments.

On the other hand, dated 16 April 2014, the Commission Implementing Directive 2014 /58/EU is hereby adopted, establishing, in accordance with Directive 2007 /23/EC of the European Parliament and of the Council, a system of traceability of pyrotechnic articles, which requires transposition into national law.

For all these reasons, the Regulation on pyrotechnic articles and cardboard, which includes, among other provisions, those aimed at incorporating into our legal order Directive 2013 /29/EU of 12 June 2013 on the harmonisation of the laws of the Member States relating to the placing on the market of pyrotechnic articles (recast version) and Implementing Directive 2014 /58/EU of 16 April 2014 establishing, in accordance with Directive 2007 /23/EC of the European Parliament and of the Council, a Regulation is hereby approved. system for the traceability of pyrotechnic articles.

In addition, this draft royal decree incorporates Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of the risks inherent in serious accidents involving dangerous substances and amending and subsequently repealing Directive 96 /82/EC, to our legal order in the field of pyrotechnics and cardboard, for aspects not covered by Royal Decree 840/2015 of 21 September, approving measures to control the risks inherent in serious accidents in which Dangerous substances are involved, by updating the provisions contained in the Supplementary Technical Instruction Number 10 'Prevention of serious accidents'.

On the other hand, in the elaboration of this norm, special care has been taken to ensure that the new regulatory requirements do not hinder or hinder certain traditional popular celebrations and religious and cultural festivities that are intensely widespread and rooted in this country, just as it was done in their day with Royal Decree 563/2010 of 7 May. The use of pyrotechnic articles in such events is reflected in the article ensuring that the safety of the participants does not prevent the manifestations associated with pyrotechnics linked to the culture of fire. In order to regulate this objective, collaboration, coordination and exchange of information with the other public administrations involved, with the different actors in this sector of activity and with the consumer associations, has been essential.

II

This royal decree consists of a single article, the object of which is the approval of the Regulation of pyrotechnic articles and cardboard, inserted after the final part of the royal decree, seven additional provisions, five transitional provisions, a single repeal provision and four final provisions.

As for the final part of the project, the additional provision first maintains the reference to the Valencian Community contained in the additional provision of Royal Decree 563/2010 of 7 May 2010. The second additional provision establishes a procedure established by the Ministry of Industry, Energy and Tourism for the collection and periodic updating of data on accidents related to pyrotechnic articles.

The third and fourth additional provisions regulate data and casualty communications by the Government Delegations to the Directorate General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism. The fifth additional provision includes the regulation of the dismissal of applications and the exhaustion of the administrative route in identical terms to how it appears in the fifth additional provision of this royal decree. The sixth additional provision refers in turn to the powers of the autonomous communities in the field of public spectacles and the promotion of culture. The seventh additional provision states that in the area of safety and health at work, the provisions of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks and its implementing legislation will be in place.

Finally, the eighth additional provision entrusts the competent bodies of the General Administration of the State to promote the actions necessary for the coordination of the coordination mechanisms necessary to ensure that the competent bodies responsible for the regulated products can receive the assistance of the competent bodies in the light of the supervised activity, in order to promote the effectiveness of their action.

The first transitional provision, then, provides for the validity of the existing cataloguing authorisations and the second transitional provision determines the time limits for the adaptation of the provisions of the Regulation. In turn, the third transitional provision provides that the files which are in the process of the entry into force of this royal decree shall be instructed in accordance with Royal Decree 563/2010 of 7 May and other regulatory provisions. The fourth transitional provision allows the owners of the facilities to comply with the requirements laid down in this royal decree from the moment of their entry into force. The fifth transitional provision lays down the conformity to Directive 2013 /29/EU of pyrotechnic articles placed on the market before the date of entry into force of this royal decree.

Then, the only derogating provision determines that the entry into force of this royal decree is repealed, except during the periods laid down in the first, second and third transitional provisions and in the fourth final provision, Royal Decree 563/2010, of 7 May.

The final provision first determines that this royal decree is dictated by the article 149.1.26. of the Spanish Constitution, which reserves the State exclusive competence over the regime of production, trade, possession and use of weapons and explosives.

The second final provision states that, by means of this royal decree, Directive 2013 /29/EU of 12 June 2013 on the harmonisation of the laws of the Member States relating to the placing on the market of pyrotechnic articles (recast) and Implementing Directive 2014 /58/EU establishing, in accordance with Directive 2007 /23/EC of the European Parliament and of the Council, a system of traceability of pyrotechnic articles is incorporated into Spanish law.

The third final provision authorizes the Ministry of Industry, Energy and Tourism, and the Ministry of the Interior to update, jointly, the technical contents of the Technical Instructions and Technical Specifications of the Regulation of pyrotechnic articles and cardboard, taking into account the evolution of the technique and the legal and regulatory norms that are dictated on the matters to which they refer. This update will, if necessary, be carried out in conjunction with the other ministerial departments with powers in the respective areas.

Finally, the fourth final provision determines the entry into force of the standard on the day following that of its publication in the "Official State Gazette", with the exception of Article 1.4 to 1.18, Article 4.2 to 4.4, Article 5.1.a), Article 8.1, 8.2 and 8.3, Article 113.1, 113.2, 114.2 and 114.3, Article 115.2, Article 121, Article 122.1, Article 138.4, and paragraphs 8 and 13 of Supplementary Technical Instruction No 21, which shall apply from 1 July 2015. Article 5.2 (c), 5.2 (d), 5.8 and point 15 of the supplementary technical instruction No 21 shall enter into force on 17 October 2016.

Following the final part of the actual projected decree is inserted the Regulation of pyrotechnic articles and cardboard, consisting of 205 articles divided into ten titles and that is completed with twenty-eight Technical Instructions complementary and seven Technical specifications of development.

In Title I of the Regulation the definitions are updated and a clear and proportionate distribution of the obligations of economic operators (manufacturers, importers and distributors) in the supply and distribution chain is established.

Economic operators should be responsible for the compliance of pyrotechnic articles with the requirements of Directive 2013 /29/EU, in accordance with the function they perform in the supply chain respectively, so as to ensure a high level of protection of public interests, such as health and safety and consumer protection, and to ensure fair competition within the Union market. They should also take appropriate measures to ensure that they only market pyrotechnic articles in accordance with that Directive.

On the other hand, compliance with the traceability requirements for pyrotechnic articles laid down in Implementing Directive 2014 /58/EU is incorporated as an obligation for manufacturers.

The procedures for evaluating the conformity of pyrotechnic articles are updated.

Categories 1, 2, 3 and 4 of pyrotechnic devices are renamed F1, F2, F3 and F4 respectively.

It is incorporated as an obligation for manufacturers to draw up an EU declaration of conformity model in order to provide the information required under Directive 2013 /29/EU on the conformity of pyrotechnic articles with the requirements of this Directive and other relevant Union harmonisation legislation.

III

Titles II and III lay down general provisions for the manufacture and deposit of pyrotechnic articles and cardboard, the provisions common to both industries and the specific provisions of each of them. There are few changes to the provisions of the previous regulation.

In relation to the workshops, we include the workshops of manufacture, the workshops of preparation and assembly and, finally, the workshops of manufacture that are also or at the same time workshops of preparation and assembly.

In relation to deposits, we include deposits of finished products, auxiliary deposits and special deposits that must be taken into account in the development of industrial activities associated with pyrotechnics and cardboard.

Finally, the obligation of prior authorization is established in order to carry out the recharge of both metallic and non-metallic cardboard.

IV

In Titles IV and V the general provisions for packaging and labelling are laid down, as well as the general provisions for the marketing of pyrotechnic articles and cardboard. There are few changes to the provisions of the previous regulation.

With regard to the previous regulation, the minimum data to be contained in the packaging, of the information to be contained in the article and the packaging, have been separated by virtue of the provisions of Directive 2013 /29/EU of 12 June 2013.

In relation to the labelling of cardboard packaging, the content indicated in Supplementary Technical Instruction number 6 of the Regulation of pyrotechnic articles and cardboard, thus favoring the competitiveness of companies, is maintained.

The provisions on the sale to the public of pyrotechnic products are developed in a more comprehensive way in the Supplementary Technical Instruction number 17 of the Regulation of pyrotechnic articles and cardboard.

Net 5 kg (NEC) is upgraded to the maximum amount of storage of category F1 products of permitted use in the interior of buildings, except for impact thunder, which can be sold in any commercial establishment, without the need to comply with the additional technical instruction number 17.

In the case of acquisition of short-weapon cartridges and non-metallic hunting cartridges, the obligation to present together with the membership guide the National Identity Document (DNI) or Foreign Identification Number (NIE) or any identity document is included.

V

Titles VI and VII lay down general provisions for the control of products on the market, and their use.

The procedure to be followed in the field of market control for pyrotechnic products is updated, improving the current safeguard procedure, in order to increase its effectiveness, increase transparency and reduce processing time.

The maximum quantity of pyrotechnic articles of categories F1, F2, F3, T1 and P1 in particular homes is updated to 10 kg net (NEC).

VI

In Titles VIII and IX, the general provisions for the import, export, transit and transfer of the regulated materials, and the transport provisions respectively, are laid down. There are few changes to the provisions of the previous regulation.

It is excluded from the transport system laid down in supplementary instruction No 11, to safety wicks for the manufacture of pyrotechnic articles, provided that it is cut into pieces not exceeding 45 cm in length and the net quantity of regulated matter transported does not exceed 450 kg.

Finally, Title X establishes the sanctioning regime applicable to infringements of the provisions of the Regulation, with few modifications with respect to the previous regulation, however, its content has been adapted to the provisions of the Organic Law 4/2015, of March 30, for the protection of citizen security.

VII

The operative part of the Regulation is supplemented by 28 additional technical instructions and seven technical development specifications.

Additional technical instructions numbers 2 and 3 are updated in accordance with the provisions of Directive 2013 /29/EU.

Supplementary technical instruction number 8 is amended in order to improve and clarify the application of certain requirements. The obligation of a notification with a responsible declaration for shows of less than 100 kg net (NEC), as well as for the firing of pyrotechnics of category T2 and P2, is included.

The scope of the complementary technical instruction number 9 is needed, in order to cover both the workshops and the deposits of pyrotechnic products, as well as workshops and warehouses of cardboard, as well as to clarify the application of such technical instruction to non-hazardous buildings.

The safety wicks for the manufacture of pyrotechnic articles shall be excluded from the scope of the supplementary technical instruction number 11, provided that they are cut into pieces not exceeding 45 cm in length and the net quantity of regulated matter transported does not exceed 450 kg. The need for the security system elements to have a security grade 3 according to UNE EN 50131 is added. Finally, a new annex is added with the model of the circulation guide for metal cardboard.

In the complementary technical instruction number 12, the possibility of recycling or reuse of the products included in the scope of the application is included, and its application to the cardboard is qualified in addition to the pyrotechnics.

Dangerous zones classified as F0, F1 and F2 zones established in Supplementary Technical Instruction number 13, are renamed Z0, Z1 and Z2 zones in order to avoid possible confusion with the new categorization of pyrotechnic devices.

The requirements for reloading of non-metallic cardboard set out in Supplementary Technical Instruction number 15 are updated. Also included are the requirements that must be met by the entities that provide recharging courses for issuing certificates, and the procedure for the validation of the communiqué in the presence of the Civil Guard's Arms and Explosives Intervention, dedicated to the recharging of non-metallic cardboard.

In complementary technical instruction number 17 certain requirements are qualified in order to improve and clarify their application. The maximum quantity that can be sold to a single buyer is set at 10 kg net (NEC). A list of extinguishing agents which can be used in the automatic fire extinguishing systems is included and a new technical specification is added to establish the verification and evaluation procedure for such agents. On the other hand, the ratio of certificates to be presented to the competent authority for the application for the installation of the establishments selling pyrotechnic products is determined, and the possibility of using the collaborating entities of the administration to act in the project phase of the establishments is included. Additionally, a model of notification to the Intervention of Arms and Explosives of the Civil Guard is included, for the sale of category F1 devices of use inside, except thunder of impact.

The scope of the Supplementary Technical Instruction number 18 is modified in relation to pyrotechnic articles used in religious, cultural and traditional festive manifestations.

Additional technical instruction number 21 meets the requirements and criteria for the notification of conformity assessment bodies for pyrotechnic products, as provided for in Directive 2013 /29/EU and Implementing Directive 2014 /58/EU.

Finally, two new additional technical instructions are added, the number 27 including the EU Declaration of Conformity model under the terms of Directive 2013 /29/EU, and the number 28 listing a listing of categories T, P, and F4 items whose allocation of the risk division can be carried out by analogy with the default classification table of pyrotechnics set out in the Recommendations on the transport of dangerous goods.

VIII

In the procedure for the elaboration of this standard, the autonomous communities and cities of Ceuta and Melilla have been consulted and, likewise, the professional associations, the most representative sectors potentially affected, collecting their contributions and improvements.

This provision has been subject to the procedure for information on technical standards and regulations and regulations concerning the services of the information society, as provided for in Directive 98 /34/EC of the European Parliament and of the Council of 22 June, as amended by Directive 98 /48/EC of 20 July, which is incorporated into the Spanish legal order by Royal Decree 1337/1999 of 31 July and more recently regulated by Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015, laying down a procedure for the provision of information in the field of technical regulations and rules relating to the services of the information society.

This royal decree has been reported favourably by the Permanent Inter-Ministerial Commission on Arms and Explosives, by the Committee on the Coordination of the Transport of Dangerous Goods and by the Advisory Council on the Environment.

It is approved pursuant to article 149.1.26. of the Spanish Constitution, which attributes to the State exclusive competence over the regime of production, trade, possession and use of weapons and explosives and in compliance with the provisions of Articles 28 and 29 and other concordant precepts of the Organic Law 4/2015, of March 30, of protection of citizen security, as in Law 21/1992, of July 16, of Industry, in which it refers to industrial safety.

In its virtue, on the proposal of the Ministers of Industry, Energy and Tourism, and of the Interior, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day 30 October 2015,

DISPONGO:

Single item. Approval of the Regulation on pyrotechnic articles and cardboard.

The Regulation on pyrotechnic articles and cardboard, the text of which is inserted below, is approved.

This royal decree shall apply without prejudice to the classification, labelling and communication of the danger by Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures and amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006.

Additional disposition first. Reference to the Valencian Community.

1. The provisions of this royal decree shall be without prejudice to the provisions, in respect of the authorization and inspection of pyrotechnic manufacturing workshops, in Royal Decree 1047/1984 of 11 April 1984 on the definitive assessment and extension of functions and means attached to services transferred to the Valencian Community in the field of industry, energy and mines.

2. The provisions of the previous paragraph refer to the inspection in the field of industrial safety of pyrotechnic manufacturing workshops.

Additional provision second. Periodic collection and updating of data on accidents related to pyrotechnic articles.

1. In order to enable, by means of the established procedure, the communication of information to the European Commission, the competent authority of the autonomous community shall, before 1 February of each year, communicate to the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism the following data on accidents involving pyrotechnic articles:

(a) Total number of persons who have suffered injuries related to pyrotechnic articles in that Autonomous Community the previous year, classifying injured persons in the following three age groups:

i) From 0 to 12 years of age.

ii) From 13 to 18 years of age.

iii) Over 18 years.

b) Type of lesions, with indication of the part of the body injured, be it eyes, hands or others.

c) Severity of the injury, which shall be considered to be mild if it has not led to hospital admission, or serious in other cases, except death, which shall be counted in a differentiated group.

d) Identification of the category of pyrotechnic articles that have caused the injury.

e) Determination of whether the injury occurred due to incorrect use of the article or a defect in the article.

f) Information about whether the item met the legally required requirements.

g) Additionally, it will be possible to provide as much data and information as appropriate.

2. Obtaining the indicated data can be done from the extrapolation of the data collected in a set of hospitals or health centers that are considered representative.

3. The data collected shall be communicated to the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism in a statistical bulletin, which may adopt the format of the model established in Supplementary Technical Instruction number 26 of the Regulation of pyrotechnic articles and cardboard.

4. The Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, in accordance with the procedure referred to in Articles 43.b) and 44.3 of Directive 2013 /29/EU on the harmonisation of the laws of the Member States relating to the placing on the market of pyrotechnic articles, shall forward to the European Commission by 1 May of each year a report containing the data indicated in this provision.

Additional provision third. Data communications.

The Government Delegations will communicate to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, the identifying data of the workshops, deposits, pyrotechnic experts and authorized sales establishments of the products regulated by the Regulation of pyrotechnic articles and cardboard, in order to have the corresponding updated records.

Additional provision fourth. Claims communications.

The Government Delegations will communicate to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, any serious or fatal accident in the activities regulated by the Regulation of pyrotechnic articles and cardboard, in order for the Ministry to have an updated record of the work accident.

Additional provision fifth. Dismissal of applications and exhaustion of the administrative route.

1. Except as regards the authorisations of the Management Partners of the Administration as referred to in Article 6, external entities for the development of training activities covered by the technical specification 8.04 and the test laboratories regulated in supplementary technical instruction 23, where applications for authorisations, permits and licences under the Regulation on pyrotechnic articles and cardboard, are not to be resolved within three months from the date of entry into the Register of the body responsible for processing. Without prejudice to the obligation of the competent authorities to expressly resolve in any case, pursuant to the provisions of the additional twenty-ninth provision of Law 14/2000 of 29 December, of fiscal, administrative and social order measures.

2. Resolutions which fall under the procedures for granting, modifying and extinguishing authorisations, permits and licences shall end the administrative procedure and, in accordance with Articles 116 and 117 of Law No 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, may be appealed for in replacement to the same body as they have issued them or be directly challenged in the judicial-administrative judicial order.

Additional provision sixth. The competences of the autonomous communities in the field of public performances and the promotion of culture.

1. The autonomous communities, in the use of their competences on culture and public spectacles, may reduce the minimum ages for the use of the fireworks of categories F1 and F2 determined in Article 141, only with respect to specific times and places and for those catalogued devices to be used during the development of their established customs. The following four conditions must also be met:

(a) That the age of the users of fireworks in category F1 is at least 8 years old and that the age of the users of fireworks in category F2 is at least 10 years.

(b) users with ages within the limits set by the Autonomous Communities have received sufficient training on the characteristics of each product, as well as on their safe use.

c) That the use of the products by such users to be the object of the age reduction is carried out under the supervision of an adult and has been previously authorized in writing by the person who has his or her parental authority.

d) That all necessary measures be taken to ensure the correct application of the age limits defined by the autonomous communities.

2. Delegations and sub-delegations of the Government are instructed to monitor compliance with the requirements set out in this additional provision, without prejudice to any additional follow-up to be carried out by the regional and local authorities.

3. Any reduction in the minimum age shall be without prejudice to Article 121 in relation to the minimum age allowed for the sale or placing on the market of pyrotechnic articles.

Additional provision seventh. Prevention of occupational risks.

In the area of safety and health at work, the provisions of Law 31/1995, of 8 November, of the Prevention of Occupational Risks and its development regulations will be included.

Additional disposition octave. Mechanisms for administrative coordination.

The competent bodies of the General Administration of the State shall take the necessary steps to coordinate the coordination mechanisms necessary to ensure that the competent bodies responsible for the regulated products are able to receive the assistance of the competent bodies in the light of the supervised activity, in order to facilitate their effectiveness in their activities.

First transient disposition. The validity of the cataloging authorizations.

The cataloguing authorizations made under the existing Explosives Regulations to the entry into force of this royal decree, will continue to be valid until their expiration date, not being able to exceed July 4, 2017.

Second transient disposition. Deadlines for adaptation.

1. As regards the rules on design and placement in the premises of workshops, warehouses and sales establishments, as well as the compliance with the citizens ' safety measures set out in Annex I to supplementary technical instruction No 11, an adaptation period shall be established until 8 May 2020 for situations created before the entry into force of this standard, without prejudice to any other provisions of a more specific nature.

2. The permanent sales establishments of pyrotechnic products which, in application of Royal Decree 563/2010 of 7 May, have a system of automatic fire extinguishing by means of an extinguishing agent which is not included as valid in Supplementary Technical Instruction No 17, shall have a two-year adjustment period in order to adapt to the provisions of the said instruction.

3. By way of derogation from the above paragraph, any substantial changes to the facilities of workshops, warehouses and sales establishments shall be carried out in accordance with the provisions of such amendments in this royal decree from the date of its entry into force.

Transitional provision third. Files on processing.

The files that were in the process of the entry into force of this royal decree will be instructed according to Royal Decree 563/2010, of May 7, and other regulatory provisions.

Transitional disposition fourth. Adaptation to the new legislation.

By way of derogation from the first, second and third transitional provisions and in the fourth final provision, it may be appropriate to the requirements laid down in this royal decree from the date of its entry into force.

Transient disposition fifth. Compliance with Directive 2007 /23/EC.

1. Pyrotechnic articles which are in conformity with Directive 2007 /23/EC of the European Parliament and of the Council and have been placed on the market before the date of entry into force of this royal decree may continue to be placed on the market.

2. Certificates issued in accordance with Directive 2007 /23/EC shall be valid in accordance with Directive 2013 /29/EU and the Regulation on pyrotechnic articles and cardboard.

Single repeal provision. Regulatory repeal.

The entry into force of this royal decree is repealed:

(a) Royal Decree 563/2010 of 7 May, without prejudice to its application in the terms provided for in the first, second and third transitional provisions and in the fourth final provision of this royal decree.

(b) Order INT/3543/2007 of 29 November in respect of the movement guide for metal cardboard.

c) Any other rule of equal or lower rank that is opposed to what was established in this royal decree.

Final disposition first. Competence title.

This royal decree is issued under article 149.1.26 of the Spanish Constitution, which reserves the State exclusive competence over the regime of production, trade, possession and use of weapons and explosives.

Final disposition second. Incorporation of European Community law.

This royal decree incorporates into Spanish law Directive 2013 /29/EU of 12 June 2013 on the harmonisation of the laws of the Member States relating to the placing on the market of pyrotechnic articles (recast), Implementing Directive 2014 /58/EU establishing, in accordance with Directive 2007 /23/EC of the European Parliament and of the Council, a system for the traceability of pyrotechnic articles, and Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of risks In the case of serious accidents involving dangerous substances and amending and subsequently repealing Directive 96 /82/EC, for the non-regulated aspects of Royal Decree 840/2015 of 21 September 2015, measures to control the risks inherent in serious accidents involving dangerous substances are adopted.

Final disposition third. Enablement for updating technical content.

By virtue of the order of the Minister of the Presidency, dictated on the proposal of the Ministers of Industry, Energy and Tourism, and of the Interior will be updated the Technical Instructions complementary and technical specifications of the Regulation of pyrotechnic articles and cardboard taking into account the evolution of the technique and what have the legal and regulatory norms that are dictated on the matters to which those refer. This update will, if necessary, be carried out in conjunction with the other ministerial departments with powers in the respective areas.

Final disposition fourth. Entry into force.

1. This royal decree will enter into force on the day following its publication in the "Official State Gazette".

By way of derogation from the preceding paragraph, Article 1.4 to 1.7, Article 4.2 to 4.4, Article 5 (1) (a), Article 8.1, 8.2 and 8.3, Article 113.1, 113.2, 114.2 and 114.3, Article 115.2, Article 121, Article 122.1, Article 138.4, and paragraphs 8 and 13 of Supplementary Technical Instruction No 21 shall apply from the date of entry into force of this royal decree.

For their part, Article 5.2 (c), 5.2 (d), 5.8 and point 15 of Supplementary Technical Instruction No 21 shall enter into force on 17 October 2016.

2. The time limits specified in this provision and the second transitional provision may be extended, except in the case of time limits laid down by European legislation which is transposed by order of the Minister of the Presidency, delivered on a proposal from the Ministers for Industry, Energy and Tourism and the Interior, in duly justified cases.

Given in Madrid, on October 30, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON

REGULATION OF PYROTECHNIC ARTICLES AND CARDBOARD

INDEX

Title I. Preliminary planning.

Chapter I. General provisions.

Article 1. Object and scope of application.

Article 2. Administrative powers.

Article 3. General provisions on companies in the pyrotechnics sector or on board and their authorisations.

Article 4. Definitions.

Article 5. Obligations of economic operators.

Article 6. Collaborating entities of the Administration.

Chapter II. Categorization.

Article 7. Risk divisions.

Section 1. Pyrotechnic Articles.

Article 8. Categorization.

Section 2.

Article 9. Classification of the cardboard.

Chapter III. Cataloging.

Article 10. Catalogue.

Article 11. Public catalogue.

Section 1. Catalogation of pyrotechnic articles.

Article 12. Cataloguing of pyrotechnic articles.

Article 13. Applications for the cataloging of pyrotechnic articles.

Article 14. Process for the cataloging of pyrotechnic articles.

Article 15. Presentation by electronic means.

Article 16. Cataloging of category F, T and P category items.

Article 17. Exclusions to cataloging.

Section 2. Catalogation of pyrotechnic regulated materials.

Article 18. Cataloguing of other regulated subjects.

Chapter IV. CE marking of pyrotechnic articles.

Section 1. CE marking of pyrotechnic articles.

Article 19. CE marking.

Section 2. First Exceptions to CE marking.

Article 20. Pyrotechnic articles with a special purpose.

Article 21. Other exceptions for manufacturers, importers and experts.

Title II. Workshops.

Chapter I. General provisions.

Article 22. Workshops for the manufacture of pyrotechnic articles and cardboard and workshops for the preparation and assembly of spectacles with fireworks.

Article 23. Installations.

Article 24. Changes in the environment.

Article 25. Application for a workshop establishment authorization.

Article 26. Workshop establishment authorizations.

Article 27. Change of ownership.

Article 28. Transfer of workshops.

Article 29. Amendments.

Article 30. Disused workshops.

Article 31. Certificate of suitability and implementation.

Article 32. Inspections of the workshops.

Article 33. Frequency of inspections.

Article 34. Record of inspections.

Article 35. Mandatory requirements and comments to Title of recommendation.

Article 36. Cessation of activity.

Article 37. Inspections in the field of public safety.

Article 38. Expiry of the authorisations.

Article 39. Extinction of permits due to lack of activity.

Article 40. Item records.

Chapter II. Pyrotechnics workshops.

Section 1. General Rules.

Article 41. Obligation of communication of the actual annual production.

Article 42. Obligations relating to deposits integrated in the pyrotechnics workshops.

Section 2. Safety provisions in the workshops.

Article 43. Technical address.

Article 44. Industrial safety.

Article 45. Safety and health at work.

Article 46. Staff, signage and work premises.

Article 47. Storms.

Article 48. Communication of accidents.

Article 49. Transport inside the workshop.

Section 3. Provisions on Citizen Security.

Article 50. Closing and monitoring of the workshops.

Article 51. Input and output controls.

Article 52. Standards for the development of workshop activity.

Chapter III. Cartchery loading workshops.

Section 1. General Rules.

Article 53. Obligations relating to deposits.

Article 54. Provisioning.

Article 55. Operation.

Article 56. Maximum amounts allowed.

Section 2. Safety provisions in the workshops.

Article 57. Address of the workshop.

Article 58. Staff and workshop buildings.

Section 3. Provisions on Citizen Security.

Article 59. Closing and monitoring of the workshops.

Article 60. Input and output controls.

Article 61. Standards for the development of workshop activity.

Title III. Deposits.

Chapter I. General provisions.

Article 62. Deposits.

Article 63. Warehouses.

Article 64. Shallow and semi-buried warehouses.

Article 65. Underground warehouses.

Article 66. Technical guarantees.

Article 67. Responsible.

Chapter II. Deposits of finished products.

Section 1. General Rules.

Article 68. Authorization of deposits of finished products.

Article 69. Applications.

Article 70. Material modifications.

Article 71. Substantial amendments.

Article 72. Use of deposits of finished products.

Article 73. Authorization of a non-integrated finished product warehouse in a workshop.

Article 74. Certificate of suitability and implementation.

Article 75. Expiry of the authorisations.

Article 76. Extinction of permits due to lack of activity.

Article 77. Records.

Section 2. Security provisions in warehouses.

Article 78. Sites of the warehouses.

Article 79. Changes in the environment.

Article 80. Technical address.

Article 81. Industrial safety.

Article 82. Safety and health at work.

Article 83. Stores of finished products.

Article 84. Signage.

Article 85. Fire service.

Article 86. Communication of accidents.

Article 87. Transport inside the tank.

Article 88. Inspections of the deposits.

Article 89. Frequency of inspections.

Article 90. Record of inspections.

Article 91. Mandatory requirements and comments to Title of recommendation.

Article 92. Cessation of activity.

Section 3. Provisions on Citizen Security.

Article 93. Closing and monitoring of deposits.

Article 94. Entry and exit controls and rules regarding the development of the activity.

Article 95. Inspections in the field of public safety.

Chapter III. Auxiliary deposits associated with workshops of pyrotechnic articles and cardboard.

Section 1. Safety provisions in auxiliary deposits.

Article 96. Sites of auxiliary warehouses.

Article 97. Underground auxiliary warehouses.

Article 98. Auxiliary warehouses associated with workshops.

Article 99. Fire safety measures.

Section 2. Provisions on Citizen Security.

Article 100. Citizen security measures.

Chapter IV. Special deposits.

Article 101. Regime.

Article 102. Vehicles carrying fireworks.

Article 103. Storage in armerias, security companies, polygons and shooting galleries and specialized companies in the custody of weapons.

Article 104. Loading and reloading of cardboard by private individuals.

Article 105. Pyrotechnic articles of categories T, P, use in festive manifestations and use in the navy.

Title IV. Packaging.

Chapter I. General rules.

Article 106. Conditioning of regulated materials.

Article 107. Packaging and packaging.

Article 108. Approval.

Article 109. Mandatory phrases.

Article 110. Empty packaging and packaging.

Article 111. Separation of dangerous goods.

Article 112. Compliance with the rules.

Chapter II. Labelling.

Section 1. The labelling of pyrotechnic articles other than pyrotechnic articles for vehicles.

Article 113. Guarantee of labelling.

Article 114. Data to be included in the article, packaging and packaging.

Section 2. Labelling Of Pyrotechnic Articles for Vehicles

Article 115. Data to be shown on the labels.

Article 116. Security data sheet.

Section 3. Information on packaging and packaging.

Article 117. Information.

Title V. Sale or marketing.

Chapter I. General conditions for pyrotechnic articles.

Article 118. Holders of a deposit of pyrotechnic finished products.

Article 119. Verification of the conditions of sale or marketing.

Article 120. Minimum unit of sale or marketing.

Article 121. Minimum ages for the marketing of pyrotechnic articles.

Article 122. Marketing of pyrotechnic articles to experts, and other restrictions.

Chapter II. Sale or marketing to the public of pyrotechnic articles and cardboard.

Article 123. Responsible for the sale or marketing to the public.

Article 124. Persons authorised for sale or marketing to the public of pyrotechnic articles.

Article 125. Persons authorized for the sale and making available to the public of cardboard.

Article 126. Bans on marketing.

Chapter III. Premises for sale to the public of pyrotechnic articles.

Article 127. Sale to the public of pyrotechnic articles.

Article 128. Permanent establishments.

Article 129. Temporary establishments.

Article 130. Applications for the authorisation of permanent establishments for sale or marketing to the public of pyrotechnic articles.

Article 131. Applications for the authorisation of temporary establishments for the sale or placing on the market of pyrotechnic articles.

Article 132. Resolution of the approval of permanent or temporary establishments for sale or marketing to the public of pyrotechnic articles.

Article 133. Modification of the conditions and characteristics of the initial project.

Article 134. Records.

Article 135. Inspections.

Chapter IV. Sale and making available to the public of cardboard.

Article 136. Acquisition of cardboard.

Title VI. Market control.

Chapter I. General provisions.

Article 137. Competition for the realization of market control.

Chapter II. Pyrotechnic articles.

Article 138. Product safety.

Article 139. Compliant products presenting a risk to health or safety.

Chapter III. Cardboard.

Article 140. Product safety.

Title VII. Use of pyrotechnic articles.

Article 141. Pyrotechnic articles of categories F1, F2, F3, T1, P1 and marina.

Article 142. Pyrotechnic articles of categories F4, T2 and P2.

Article 143. Use of pyrotechnic devices not placed on the market.

Title VIII. Import, export, transit and transfer.

Chapter I. General rules.

Article 144. Circulation.

Article 145. Regulatory deposit.

Chapter II. Import.

Article 146. Official registration of importers.

Article 147. Previous permit for movement.

Article 148. Exemptions.

Article 149. Circulation guide for metal cardboard and customs control.

Chapter III. Export.

Article 150. Export authorization.

Chapter IV. Transit.

Article 151. Authorization of transit from non-Community origin.

Article 152. Application for transit authorisation from non-Community origin.

Article 153. Competence of the Ministry of Foreign Affairs and Cooperation.

Article 154. Authorization of transit of Community origin.

Article 155. Application for a transit authorisation of Community origin.

Article 156. Competence of the Central Intervention of Arms and Explosives.

Article 157. Conditioning of the regulated materials.

Article 158. Security measures.

Chapter V. Transfer.

Article 159. General provisions.

Section 1. Transfer of pyrotechnic articles.

Article 160. Free movement.

Article 161. Direct transfer.

Article 162. Reverse transfer.

Section 2. Third Carthage Transfer.

Article 163. Direct transfer.

Article 164. Reverse transfer.

Article 165. Other transfers.

Title IX. Transport.

Chapter I. General rules.

Article 166. Regulation.

Article 167. General rules.

Article 168. Inspection.

Article 169. Equipment for loading and unloading products.

Article 170. Documentation required.

Chapter II. Circulation guide for metal cardboard.

Article 171. Documentation required.

Article 172. Circulation guide.

Chapter III. Road transport.

Article 173. Regulation.

Article 174. Competence.

Article 175. Stops.

Article 176. General provisions.

Chapter IV. Transport by rail.

Article 177. Regulation.

Article 178. Competence.

Article 179. General rules.

Chapter V. Maritime, river and reservoir transport.

Article 180. Regulation.

Article 181. Competence in maritime transport.

Article 182. Surveillance.

Article 183. Custody.

Article 184. Jurisdiction of the waters.

Article 185. General conditions.

Article 186. Documentation.

Article 187. Loading and unloading.

Article 188. Competence in river transport and reservoirs. General provisions.

Chapter VI. Air transport.

Article 189. Regulation.

Article 190. Competence.

Article 191. General provisions.

Article 192. Loading and unloading area.

Article 193. Vehicles.

Article 194. Helicopters.

Title X. Sanctioning regime.

Chapter I. Infringements and sanctions.

Article 195. Minor infractions.

Article 196. Serious infringements.

Article 197. Very serious infringements.

Article 198. Inspection and Sanctions.

Article 199. Limitation of the infringement.

Article 200. Prescription of penalties.

Chapter II. Sanctioning procedure.

Article 201. Sanctioning procedure.

Article 202. Competence.

Article 203. Cardboard seized.

Article 204. Pyrotechnic articles seized.

Article 205. Precautionary measures.

Supplementary Technical Instruction Number 1. Articles considered pyrotechnic and ammunition in the relevant UN recommendations or requiring specification as to whether they are pyrotechnic articles or explosives.

Supplementary Technical Instruction number 2. Essential safety requirements for pyrotechnic devices, other pyrotechnic articles and ignition devices.

Supplementary Technical Instruction number 3. Procedures for the assessment of conformity.

Supplementary Technical Instruction number 4. Cataloguing of pyrotechnic articles.

Technical Specification 4.01.

Supplementary Technical Instruction number 5. Requirements for the sale or placing on the market of pyrotechnic articles of categories F2, F3, P1 and T1.

Supplementary Technical Instruction number 6. Identification in the packaging of sale of cardboard.

Supplementary Technical Instruction number 7. Marking of conformity.

Supplementary Technical Instruction number 8. Spectacles with fireworks made by experts.

Technical specification number 8.01.

Technical specification number 8.02.

Technical specification number 8.03.

Technical specification number 8.04.

Supplementary Technical Instruction number 9. Design and placement standards for workshops and warehouses.

Supplementary Technical Instruction Number 10. Prevention of serious accidents.

Supplementary Technical Instruction number 11. Citizen security: surveillance and protection measures in the field of cardboard, pyrotechnics, and transport of metal and safety cards.

Supplementary Technical Instruction number 12. Treatment of products intended for disposal or inertization, recycling or reuse.

Supplementary Technical Instruction number 13. Electrical installations and equipment in classified areas with the presence of regulated material.

Supplementary Technical Instruction number 14. Provisions on safety and health for the protection of workers from the risk of explosion.

Supplementary Technical Instruction number 15. Rules for the recharge of cardboard by private individuals.

Technical specification number 15.01.

Supplementary Technical Instruction number 16. Compatibility of storage and transport of pyrotechnic products.

Complementary Technical Instruction number 17. Sale to the public of pyrotechnic articles.

Technical specification number 17.01.

Complementary Technical Instruction number 18. Religious, cultural and traditional festive manifestations.

Complementary Technical Instruction number 19. Transport by rail.

Supplementary Technical Instruction number 20. Safety standards for loading and unloading at ports.

Complementary Technical Instruction number 21. Notification of conformity assessment bodies.

Supplementary Technical Instruction number 22. Hazard signal for the presence of pyrotechnic articles and cardboard in the workshops and warehouses.

Supplementary Technical Instruction number 23. Test laboratories.

Complementary Technical Instruction number 24. Models of inspection and registration records.

Supplementary Technical Instruction number 25. Models of expert and apprentice meat.

Complementary Technical Instruction number 26. Statistical bulletin of accidents related to pyrotechnic articles.

Complementary Technical Instruction number 27. EU Declaration of Conformity (No. xxxx).

Complementary Technical Instruction number 28. Default classification of pyrotechnic articles of categories F, T and P.

REGULATION OF PYROTECHNIC ARTICLES AND CARDBOARD

TITLE I

Preliminary sorting

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. This regulation is intended to:

(a) Establish the regulation of pyrotechnic articles and cardboard, within the framework of Articles 28 and 29 of the Organic Law 4/2015, of 30 March, on the protection of citizen security, in the exercise of the jurisdiction granted to it by Article 149.1 26th of the Spanish Constitution.

b) Regular aspects relating to industrial safety in regulated activities, and will be applied within the framework established by Law 21/1992, of 16 July, of Industry, its normative development and the corresponding technical regulations.

c) To regulate aspects related to citizen security in the field of application of this regulation, and it will be applied within the framework established in Organic Law 4/2015, of March 30, of protection of citizen security and its normative development.

(d) Establish provisions concerning the functions of the specific bodies referred to in Article 7 of Law 31/1995 of 8 November on the Prevention of Occupational Risks.

e) Establish the essential safety requirements to be met by pyrotechnic articles for placing on the market. Those requirements are set out in the Supplementary Technical Instruction (hereinafter JTI) number 2.

2. The provisions of this Regulation shall apply to cardboard and pyrotechnic articles, as well as to explosive materials or explosive mixtures of materials that make up them, which are not included in the scope of the explosives Regulation, approved by Royal Decree 230/1998 of 16 February.

3. This regulation will also apply to articles of use in the navy, with the exception of the provisions of Royal Decree 809/1999 of 14 May 1999 on the requirements to be met by marine equipment intended to be shipped on ships, in application of Directive 96 /98/EC, and their amendments, as regards the safety requirements defined by the Timon marking.

4. The legal system provided for in this Regulation shall apply without prejudice to the provisions for environmental protection in the field of waste and transport of waste contained in Law 22/2011 of 28 July of contaminated waste and soils, as well as in Law 11/1997 of 24 April of 24 April, of Envases and Waste of Envases, and their implementing rules.

5. They shall be excluded from the scope of this Regulation and shall be regulated by their specific rules:

(a) Pyrotechnic articles and cardboard intended for use in the aerospace industry.

(b) Materials which are not in themselves explosive, but which may form explosive mixtures of gases, vapours or powders, and articles containing explosive materials or explosive mixtures of materials in such a small quantity, or of such a nature, that their initiation by warning or accident does not involve any outward manifestation in the device which may result in projections, fire, smoke, heat or loud noise.

(c) Pyrotechnic articles and paperboard intended for non-commercial use by the Armed Forces, Security Forces and Forces, the National Intelligence Center and the Customs Surveillance Corps, except as regards their manufacture, import, export, transfer, transit, transportation, and storage if these operations are not performed by the competent body of such Units. However, with regard to the purchase of cardboard, the Police Corps, which is dependent on the Local and Customs Surveillance Corporations, shall follow the same regime as the one referred to in Article 136.3.b. The manufacturing workshops and the deposits of pyrotechnic articles and cardboard intended for non-commercial use by the aforementioned Units shall be subject to the authorization regime provided for in Titles II and III of this Regulation, except where such workshops and deposits are of ownership and use of the aforementioned Units.

(d) pyrotechnic articles intended for non-commercial use by the Fire Bodies in those provisions relating to the CE marking. However, the manufacturing workshops and the tanks of such articles shall be subject to the authorisation scheme provided for in Titles II and III of this Regulation.

e) The fulminant capsules specifically designed for toys falling within the scope of Royal Decree 1205/2011 of 26 August 2011 on the safety of toys.

f) Drive or fog cartridges with a powder load less than or equal to 0.3 grams net.

g) The explosives included in the scope of Royal Decree 230/1998 of 16 February, for which the Regulation of Explosives is adopted.

(h) Equipment falling within the scope of Council Directive 96 /98/EC of 20 December 1996 on marine equipment.

6. The provisions of this Regulation shall also be supplementary to any other provision which, for a different purpose, contains rules concerning those matters.

7. For the purposes of Directive 2013 /29/EU of the European Parliament and of the Council of 12 June 2013, pyrotechnics produced by a manufacturer for its own use and the use of which has been authorised exclusively on the national territory are excluded from the scope of Directive 2013 /29/EU, so that such devices do not require the corresponding CE marking.

Article 2. Administrative powers.

1. All regulated activities remain under the administrative intervention of the State.

2. In the form set out in this Regulation they intervene:

(a) The Ministry of Industry, Energy and Tourism, through the Directorate-General for Energy Policy and Mines, with exclusive and general competencies in the authorizations of the activities attributed in this Regulation, in the inspection in the field of industrial safety, as well as in matters of safety and health in the work regarding the areas referred to in article 7.2 of Law 31/1995, of 8 November, of Prevention of Labor Risks, either by its own means or by the Functional Areas and Dependencies of Industry and Energy of the Government delegations and sub-delegations, respectively.

b) The Ministry of the Interior, through the Directorate General of the Civil Guard, in compliance with the function of guaranteeing public security and, in the exercise of its powers in matters of authorization of imports, transfers and transits of community origin of pyrotechnic articles and cardboard, regulated in the Law of the Organic Law 4/2015, of March 30, of protection of the citizen's safety, as well as in all the functions derived from the legislation in force on these matters, especially in the manufacture, storage, circulation, distribution, trade, acquisition, transport, holding and use of such materials.

(c) The Ministry of the Interior, through the Directorate-General for Civil Protection and Emergencies, in compliance with the civil protection functions established by Article 6.1 of Royal Decree 840/2015 of 21 September, approving measures to control the risks inherent in serious accidents involving dangerous substances.

(d) The Ministry of Finance and Public Administrations, through the Delegations and Subdelegations of Government, in the authorizations necessary for the operation of the facilities and establishments and other assigned in this regulation.

e) The Ministry of Defense, in compliance with the function of safeguarding national defense.

(f) The Ministry of Foreign Affairs and Cooperation, through the Directorate-General for International Economic Relations, in the authorization of transits from countries outside the Community of foreign regulated matters by national territory.

g) The Ministry of Health, Social Services and Equality, through the Spanish Agency for Consumption, Food Security and Nutrition, and the Directorate-General for Public Health, Quality and Innovation, in the framework of its competences regarding the general protection of consumers and the protection of human health, respectively.

(h) The Ministries of Economy and Competitiveness and Agriculture, Food and Environment, in the activities regulated in this Regulation that are of their competence and the Ministry of Development in everything related to the inspection and management of the transports.

(i) The Labour and Social Security Inspectorate, in the areas not affected by this Regulation, i.e. employment, employment, social security and in particular, aspects related to safety and health in the work not affected by the manufacture, handling, packaging and transport of the regulated materials.

(j) The Administrations of the Autonomous and Local Communities in the activities which, as a result of which they are regulated in this Regulation, result from their competence.

3. The various public administrations, in the field of their respective competences, may:

(a) To carry out, at all times, the inspections, surveillance and checks that they consider to be accurate.

(b) Arbitrage extraordinary measures in emergency situations or circumstances that warrant it.

(c) temporarily suspend any authorisation, granted in the field of application of their respective powers, for duly substantiated reasons of security in accordance with applicable law.

4. All the above is without prejudice to the fact that the administrations of the Autonomous and Local Communities, within the scope of their powers, develop the necessary provisions which may result from the provisions of this Regulation.

Article 3. General provisions on companies in the pyrotechnics sector or on board and their authorisations.

1. Any natural or legal person who, having insurance or other financial security to cover his or her liability, is in possession of authorization for the manufacture, storage, placing on the market, use, transfer, import or export of pyrotechnic articles and cardboard, shall be considered an undertaking in the pyrotechnics or the board.

2. The presence of pyrotechnic articles and cardboard in the workshops and depots shall be made known at all times and in a perfectly visible manner by means of the regulatory hazard defined in ITC No 22 of the Regulation on pyrotechnic articles and cardboard.

3. The holders of authorisations for the exercise of the activities covered by this Regulation must have Spanish nationality or any of the Member States of the European Economic Area or the nationality or kinship determined by the rules applicable.

4. Other powers, in relation to the matters covered by this Regulation, shall not be administratively recognised as being specifically recognised in authorisations granted by the competent bodies, in accordance with the provisions of the Regulation itself and in the rest of the legal order.

5. The powers recognised by the authorisations granted shall be non-transferable and inalienable, with the exception of the express authorisation granted for that purpose.

6. The duration of the authorisations shall be deemed to be indefinite unless there is expressly limited time in the applicable precepts or the same authorisations, provided that the conditions under which they were granted are not changed.

7. Failure to comply with the conditions laid down in the authorisations shall give rise to the corresponding sanctioning procedure, which shall, if necessary, lead to a favourable report by the Ministry of Industry, Energy and Tourism and by means of a reasoned decision, the temporary suspension of the authorisations, without prejudice to the penalty which may be imposed.

8. In the event of non-compliance with the conditions laid down in the authorisations governed by this Regulation in a manner which seriously affects safety, it may be provided, after a favourable report by the Ministry of Industry, Energy and Tourism and after the person concerned has been heard, that the temporary closure of the establishment shall not be remedied until the existing anomalies are remedied or equivalent safety measures are established. The resolution shall be reasoned.

Article 4. Definitions.

For the purposes of this Regulation the following definitions shall apply:

1. Accreditation: accreditation in accordance with the definition in Article 2.1.c of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation.

2. Economic operators: the manufacturer, the importer and the distributor.

3. Pyrotechnic article: any article containing regulated matter intended to produce a calorific, luminous, sound, gaseous or fumigated effect or a combination of such effects, as a result of self-sustained exothermic chemical reactions.

pyrotechnic articles may be finished products, the manufacturing process of which has been completed and ready to be used without any need for modification, or intermediate or semi-finished articles intended to be part of an unfinished article or a more complex object.

The consideration of pyrotechnic articles relating to ITC No 1 shall be taken in accordance with the provisions of Commission Directive 2004 /57/EC of 23 April 2004 on the identification of pyrotechnic articles and certain types of ammunition for the purposes of Council Directive 93 /15/EEC on the harmonisation of provisions on the placing on the market and control of explosives for civil purposes.

pyrotechnic articles may only be placed on the market and/or placed on the market if they comply with the requirements laid down in this Regulation, if they bear the CE marking and if they comply with the obligations relating to conformity assessment.

4. Pyrotechnic article intended for use in theaters: pyrotechnic article designed for use in outdoor or indoor settings, including film and television productions, or for similar uses.

5. Pyrotechnic article for vehicles: components of vehicle safety devices containing pyrotechnic materials used for the activation of this or other type of devices.

6. Fireworks: pyrotechnic article for recreational or entertainment purposes.

7. Notifying Authority: body within the framework of the Spanish legislation transposing Directive 2013 /29/EU, and shall be responsible for establishing and implementing the procedures for the assessment and notification of conformity assessment bodies and for the monitoring of notified bodies.

8. Cardboard: all types of cartridges fitted with a piston, ring fire and gunpowder-laden, carry or not incorporated projectiles. Pistons and piston pods, irrespective of whether they are empty or half-loaded, shall have the same consideration, for the purposes of this Regulation, as the type of cartridge which may be manufactured with them.

9. Certificate of a Bank of Evidence C.I.P.: Indication that the Cartheria has passed a control, in accordance with the provisions of the Convention of 1 July 1969 for the reciprocal recognition of the handfuls of firearms tests (C.I.P.).

10. Marketing: any supply, paid or free, of a pyrotechnic article for distribution, consumption or use on the Union market in the course of a commercial activity.

11. Explosive net content (NEC): mass of matter regulated in the pyrotechnic artifice, excluding pyrotechnic compositions of the initiation wicks and any transmission wick.

12. Distributor: any natural or legal person integrated in the distribution chain, other than the manufacturer or the importer, who places a pyrotechnic article on the market.

13. Technical specification: a document defining the technical requirements of a pyrotechnic article.

14. Conformity assessment: the process by which it is assessed whether the essential safety requirements of this Regulation are met in relation to a pyrotechnic article.

15. Expert: person authorised to manipulate or use pyrotechnics of category F4, pyrotechnic articles of category T2 intended for use in theatres or other pyrotechnic articles of category P2, as defined in Article 8.

16. Manufacturer: a natural or legal person who manufactures a pyrotechnic article or who is responsible for the design or manufacture of a pyrotechnic article and places such pyrotechnic article under its registered name or trademark.

17. Importer: any natural or legal person established in the Union who places a pyrotechnic article in a third country on the Union market.

18. Placing on the market: the first placing on the Union market of a pyrotechnic article.

19. Union harmonisation legislation: any Union legislation which harmonises the conditions for the marketing of products.

20. CE marking: a marking by which the manufacturer indicates that the pyrotechnic article is in conformity with all applicable requirements laid down in the Union harmonisation legislation providing for its affixing.

21. Subject matter of the card: A propellant material contained in the cartridge and explosive material contained in the system of initiation or piston.

22. Subject matter of pyrotechnics: explosive materials or explosive mixtures of materials which are part of pyrotechnic articles and which have a detonating or pyrotechnic effect. Without prejudice to the foregoing, the black powder used by a pyrotechnics workshop for the manufacture of pyrotechnic articles shall be considered as regulated. The black powder to be placed on the market and/or to be placed on the market shall be subject to the provisions of the Explosives Regulation.

Regulated matter consists of:

a) Detonating matter, which is intended to produce thunder and opening effect in some pyrotechnic articles.

b) pyrotechnic matter, which is intended to produce the non-detonating effects on pyrotechnic articles, as well as the black powder used in the workshop as raw material.

23. Ammunition: projectiles and propulsant loads and dummy ammunition for portable handguns, other firearms and artillery.

24. Harmonised standard as defined in point (c) of point 1 of Article 2 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012.

25. Notification of Bodies: process of information to the European Commission and other Member States of the European Union of the designation, by the notifying authority, of the bodies, which fulfil the conditions laid down by the harmonisation of European Union law, in order to carry out an assessment of compliance with the requirements of this legislation.

26. Conformity assessment body: a body that performs conformity assessment activities, including calibration, testing, certification and inspection, in accordance with Directive 2013 /29/EU of 12 June 2013.

27. National accreditation body: national accreditation body as defined in point 11 of Article 2 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008.

28. Notified body: conformity assessment body designated by the competent authority to carry out the conformity assessment of products in the field of application of a new approach directive and notified to the European Commission and the other Member States. The minimum criteria to be met by the bodies responsible for the conformity assessment of pyrotechnic products and the reporting conditions of these bodies are laid down in ITC No 21.

29. Recovery: any measure aimed at obtaining the return of a pyrotechnic article already made available to the end user.

30. Withdrawal: any measure intended to prevent the placing on the market of a pyrotechnic article found in the supply chain.

31. Citizen security: a set of measures to be applied to protect the free exercise of rights and freedoms, to create and maintain the right conditions to that effect, and to remove the obstacles that prevent it, avoiding any criminal or administrative illicit that has as its object the pyrotechnic articles as well as the regulated matters that make up them and the cardboard, the establishments related to those or the means of transport in which they are displaced.

32. Industrial safety: a set of measures to be applied in order to achieve the prevention and limitation of risks, as well as the protection against accidents and accidents capable of causing damage to persons, flora, fauna, property or the environment, arising from industrial activity or from the use, operation and maintenance of installations or equipment and the production, use or consumption, storage or disposal of industrial products.

33. Safety and health at work: a set of measures to be implemented in order to eliminate or reduce the risk of accidents at work.

34. Pyrotechnics workshop: category in which the workshops for the manufacture of pyrotechnic articles are included, as well as the workshops for the preparation and assembly of shows carried out by experts with fireworks. Also included in this category are the workshops for the manufacture of pyrotechnic articles that are also or at the same time workshops for preparing and assembling shows made by experts with fireworks.

The definitions, not included in this article, will also be applicable to any concept necessary for the understanding of the provisions of this Regulation, which appear in the Manual of Recommendations concerning the transport of dangerous goods, type of regulation, of the United Nations or, failing that, in the CEN/UNE rules of the matter.

Article 5. Obligations of economic operators.

1. Manufacturers ' obligations:

(a) Where pyrotechnic articles are placed on the market, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential safety requirements laid down in ITC No 2.

(b) Manufacturers shall draw up the technical documentation referred to in ITC No 3 and shall ensure that the relevant conformity assessment procedure referred to in Article 8 is carried out.

When using this procedure it has been demonstrated that a pyrotechnic article complies with the applicable requirements, manufacturers shall draw up an EU declaration of conformity, as established by ITC No 27, and affix the CE marking.

c) Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the pyrotechnic article has been placed on the market.

(d) Manufacturers shall ensure that procedures are in place for serial production to maintain their conformity with the provisions of this Regulation. Changes in the design or characteristics of pyrotechnic articles and changes in the harmonised standards or other technical specifications under which their conformity is declared shall be duly taken into account.

Whenever it is considered appropriate with regard to the risks presented by a pyrotechnic article, for the protection of the health and safety of consumers, upon duly justified request of the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, manufacturers shall test samples of the pyrotechnic articles placed on the market, investigate and, where appropriate, keep a record of the claims, non-compliant pyrotechnic articles and recoveries of pyrotechnic articles; and keep distributors informed of any such monitoring.

e) Manufacturers shall ensure that pyrotechnic articles which they have placed on the market are labelled in accordance with Article 114 or Article 115.

(f) Manufacturers shall indicate in the pyrotechnic article their name, registered trade name or registered trade mark and their postal address of contact, or, where that is not possible, in their packaging or in a document accompanying the pyrotechnic article. The address must indicate a single place where the manufacturer can be contacted. The contact details will be at least in Spanish.

g) Manufacturers shall ensure that the pyrotechnic article is accompanied by the instructions and safety information drawn up at least in Spanish. These instructions and information on safety, as well as all labelling, will be clear, comprehensible and intelligible.

h) Manufacturers who consider or have reason to believe that a pyrotechnic article which they have placed on the market is not in conformity with this Regulation shall immediately take the necessary corrective measures to bring it into conformity, to withdraw it from the market or to recall it if necessary. In addition, where the pyrotechnic article presents a risk, manufacturers shall immediately inform the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism and those competent national authorities of the Member States in which they placed it on the market, providing details, in particular, of the non-compliance and of the corrective measures taken.

i) On the basis of a reasoned request from the Directorate General for Energy Policy and Mines, manufacturers shall provide all necessary information and documentation, in paper or electronic form, to demonstrate the conformity of the pyrotechnic article with this regulation, written at least in Spanish. They shall cooperate with that competent authority, at their request, in any action to avoid the risks presented by the pyrotechnic articles which they have placed on the market.

2. Traceability:

(a) In order to facilitate the traceability of pyrotechnic articles, manufacturers shall label them with the registration number assigned by the notified body carrying out the conformity assessment in accordance with Article 8.

(b) Manufacturers and importers shall keep records of the registration numbers of pyrotechnic articles which they have placed on the market and shall make this information available to the competent authorities upon request.

c) The record number will include the following items:

i. the four-digit identification number of the notified body which has issued the EC type-examination certificate in accordance with the conformity assessment procedure referred to in Article 8;

ii. the category of the pyrotechnic article whose conformity is certified, in abbreviated form and in capital letters: F1, F2, F3 or F4 for the fireworks of categories F1, F2, F3 and F4 respectively, T1 or T2 for pyrotechnic articles intended for use in theatres, of categories T1 and T2 respectively, P1 or P2 for other pyrotechnic articles of category P1 and P2 respectively;

iii. the number of procedures used by the notified body for the pyrotechnic article.

(d) The registration number shall be structured as follows: "XXXX-YY-ZZZZ ...", where XXXX refers to paragraph (c) (c), YY refers to paragraph (c), point (ii), and ZZZZ ... refers to paragraph (c), point (iii).

3. Obligations of importers:

(a) Importers shall only place compliant pyrotechnic articles on the market.

(b) Before the introduction of a pyrotechnic article on the market, importers shall ensure that the manufacturer has carried out the due process of conformity assessment referred to in Article 8. They shall ensure that the manufacturer has drawn up the technical documentation, that the pyrotechnic article bears the CE marking and is accompanied by the necessary documents, and that the manufacturer has complied with the labelling requirements laid down in paragraph 1 (e).

When an importer considers or has reason to believe that a pyrotechnic article is not in conformity with the essential safety requirements of ITC No 2, it shall not introduce such pyrotechnic article on the market until it is compliant. Furthermore, where the pyrotechnic article presents a risk, the importer shall inform the manufacturer and the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism.

(c) The importers shall ensure that the pyrotechnic article is accompanied by instructions and safety information, which are at least written in Spanish.

(d) As long as they are responsible for a pyrotechnic article, importers shall ensure that the conditions of their storage or transport do not jeopardise compliance with the essential safety requirements of ITC No 2.

e) Importers shall ensure that pyrotechnic articles which they have placed on the market are labelled in accordance with Article 114 or Article 115.

(f) Whenever deemed appropriate with regard to the risks presented by a pyrotechnic article, in order to protect the health and safety of consumers, upon duly justified request of the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, manufacturers shall test samples of the pyrotechnic articles placed on the market, investigate and, where appropriate, keep a record of the claims, non-compliant pyrotechnic articles and recoveries of pyrotechnic articles, and shall maintain informed the distributors of any such monitoring.

g) Importers who consider or have reason to believe that a pyrotechnic article which they have placed on the market is not in conformity with this Regulation shall immediately take the necessary corrective measures to bring it into conformity, to withdraw it from the market or to recall it, if necessary. In addition, where the pyrotechnic article presents a risk, importers shall immediately inform the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, and those competent national authorities of the Member States in which they placed it on the market, and provide details, in particular, of the non-compliance and of the corrective measures taken.

(h) For 10 years after the pyrotechnic article has been placed on the market, importers shall keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and shall ensure that, upon request, they receive a copy of the technical documentation.

(i) On the basis of a reasoned request from the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, importers shall provide, in paper or electronic form, all the information and documentation necessary to demonstrate the conformity of the pyrotechnic article, written at least in Spanish. They shall cooperate with that authority, at their request, in any action to avoid the risks posed by pyrotechnic articles which they have placed on the market.

(j) The importer shall be held liable in connection with these obligations by the competent authority.

4. Obligations of distributors:

(a) By placing a pyrotechnic article on the market, distributors shall act with due diligence in relation to the requirements of this Regulation.

(b) Before the placing on the market of a pyrotechnic article, distributors shall ensure that the pyrotechnic article bears the CE marking, accompanied by the required documents and safety instructions and information, at least in Spanish, and that the manufacturer and the importer have complied with the labelling requirements laid down in paragraphs 1 (e) and 3 (e) respectively.

When a distributor considers or has reason to believe that a pyrotechnic article is not in conformity with the essential safety requirements of ITC No 2, it shall not introduce such pyrotechnic article on the market until it is compliant. In addition, where the pyrotechnic article presents a risk, the distributor shall inform the manufacturer or the importer thereof, as well as the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism.

(c) Where they are responsible for a pyrotechnic article, distributors shall ensure that the conditions of their storage or transport do not jeopardise compliance with the essential safety requirements of ITC No 2.

(d) Distributors who consider or have reason to believe that a pyrotechnic article they have made available on the market is not in conformity with this Regulation, shall ensure that the necessary corrective measures are taken to bring it into conformity, to withdraw it from the market or to recall it, if necessary. Furthermore, where the pyrotechnic article presents a risk, distributors shall immediately inform the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, and those competent national authorities of the Member States in which they placed it on the market, and provide details, in particular, of the non-compliance and of the corrective measures taken.

e) On the basis of a reasoned request from the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, distributors shall provide, in paper or electronic form, all the information and documentation necessary to demonstrate the conformity of the pyrotechnic article. They shall cooperate with that authority, at their request, in any action to avoid the risks posed by the pyrotechnic articles which they have placed on the market.

5. For the purposes of this Regulation, it shall be considered a manufacturer and shall therefore be subject to the obligations of the manufacturer in accordance with paragraph 1, an importer or distributor who places a pyrotechnic article on the market under his name or trademark or modifies a pyrotechnic article which has already been placed on the market in such a way as to be affected by its conformity with the requirements of this Regulation.

6. Upon request, the economic operators shall identify with the market surveillance authorities:

(a) any economic operator who has supplied them with a pyrotechnic article.

(b) any economic operator to whom they have supplied a pyrotechnic article.

7. Operators may submit the information referred to in paragraph 6 above for 10 years after the pyrotechnic article has been supplied to them and for 10 years after they have supplied the pyrotechnic article.

8. Manufacturers and importers of pyrotechnic articles shall:

i. carry a repertoire of all registration numbers of pyrotechnic articles manufactured or imported by them together with their generic trade name, type and sub-type, where appropriate, and their place of manufacture, for at least 10 years after the article has been placed on the market;

ii. transfer the repertoire to the Directorate-General for Energy Policy and Mines if the manufacturer or importer is to cease its activity;

iii. to provide the competent authorities and the market surveillance authorities of all Member States with the information referred to in point (i) on a reasoned request.

Article 6. Collaborating entities of the Administration.

1. It is understood by a contributing entity of the Administration (ECA), any public or private entity that, meeting certain requirements, collaborates with the competent authority providing technical assistance and support in audit and inspection tasks of industrial safety and control of products in the market within the scope of the Regulation of pyrotechnic articles and cardboard.

2. The collaborating entities of the Administration, to act in the field of application of this regulation will be governed, in the not specifically regulated in this article, by the provisions for the control bodies in section 1 of Chapter IV of the Regulation of the Infrastructure for Quality and Industrial Security, approved by Royal Decree 2200/1995, of December 28.

3. When a company, at the request of the competent authority, requests the report of a contributing entity of the Administration, it may freely select one of all those previously registered in the General Directorate of Energy Policy and Mines, being obliged to allow access to its facilities and to facilitate the information, documentation and operating conditions of those facilities.

4. The authorization of the collaborating entities of the Administration corresponds to the Directorate General of Energy Policy and Mines. The authorisations granted shall be valid for the entire field of the State and shall entitle them to commence their activity from the time of receipt of the relevant notification by the person concerned.

5. Where an undertaking or the competent authority that has requested the service detects an irregular performance of a contributing entity of the Administration, it shall inform the Directorate-General for Energy Policy and Mines that it may initiate a procedure for, if appropriate, revoke the authorisation.

6. The collaborating entities of the Administration may subcontract, in whole or in part, trials and audits of a complementary nature to their activity, with testing laboratories and inspection entities, as defined in Chapter III of the Regulation of the Infrastructure for Quality and Industrial Safety, approved by Royal Decree 2200/1995 of 28 December. It is the responsibility of these subcontracted entities to meet the conditions of "third party" in relation to the installation or product that is the subject of their performance.

7. Likewise, the collaborating entities of the Administration may subcontract in part other services of their activity, different from those mentioned in the previous section, with other organizations, being mandatory that in these cases the conditions of the subcontracting are detailed, including those regarding the obligatory submission by the agency contracted to the procedures that are mandatory for the collaborating entity of the Contracting Administration.

The collaborating entities of the Administration shall account for this subcontracting to the company to which it provides its service and to the Competent Authority.

8. The collaborating entities of the Administration will forward annually to the Directorate General of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism the following documentation:

a) Detailed memory relating to the actions performed in the activities for which they are authorized.

b) A copy of the accreditation entity's follow-up report to confirm the maintenance of the accreditation conditions.

CHAPTER II

Categorization

Article 7. Risk divisions.

pyrotechnic articles and cardboard shall be attached, for the purposes of the risk graduation involved in handling, storage and transport to one of the risk divisions defined in the Manual of Recommendations on the transport of dangerous goods, type-regulation, of the United Nations.

Section 1. Pyrotechnic Articles

Article 8. Categorization.

1. The manufacturer shall classify pyrotechnic articles according to their use, purpose or level of danger, including their sound level. The notified bodies shall confirm the categorisation as part of the conformity assessment procedures, in accordance with the conformity assessment procedures provided for in the following paragraph of this Article and in ITC No 3.

2. For the assessment of the conformity of pyrotechnic articles covered by Directive 2013 /29/EU, the manufacturer shall follow one of the following procedures:

(a) The EU type examination (module B) regulated in ITC number 3 and, at the choice of the manufacturer:

i. The conformity with the type based on the internal control of the production plus supervised control of the products at random intervals (module C2) regulated in ITC number 3.

ii. The conformity with the type based on the quality assurance of the production process (module D), regulated in ITC number 3.

iii. The conformity with the type based on the quality assurance of the product (module E), regulated in ITC number 3.

b) Compliance based on unit verification (module G), regulated in ITC number 3.

(c) Conformity based on the full quality assurance of the product (module H) regulated in ITC No 3, in so far as it is a pyrotechnics of category F4.

3. The categorization will be as follows:

a) Fireworks:

i. Category F1: fireworks of very low hazard and negligible noise level intended to be used in demarcated areas, including fireworks intended for use within residential buildings.

ii. Category F2: fireworks with low-hazard and low noise levels intended to be used outdoors in enclosed areas.

iii. Category F3: fireworks of medium hazard intended to be used in the open air in areas with a high surface area and whose noise level is not harmful to human health.

iv. Category F4: fireworks with high-hazard pyrotechnics intended for the exclusive use by experts, also known as "fireworks for professional use" and whose noise level is not harmful to human health. This category includes the objects of exclusive use for the manufacture of fireworks.

(b) pyrotechnic articles intended for use in theatres.

i. Category T1: pyrotechnic articles of low hazard for use on stage.

ii. Category T2: pyrotechnic articles for use on stage which are to be used exclusively by experts.

c) Other pyrotechnic articles:

i. Category P1: any pyrotechnic article which is not a pyrotechnics artifice or a pyrotechnic article intended for use in theatres and which presents a low hazard.

ii. Category P2: any pyrotechnic article which is not a pyrotechnic device or a pyrotechnic article intended for use in theatres and which must be handled or used exclusively by experts. This category includes the regulated materials, the objects which can be used in the manufacture of articles of various categories and the semi-finished products which are marketed between manufacturers. Also included in this category are the anti-hail rockets.

(d) pyrotechnic articles for use in the navy:

i. Fumigating signals.

ii. Luminous signals.

iii. Sound signals.

iv. Rocket launchers, etc.

4. Pyrotechnic articles which are in conformity with harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the essential safety requirements referred to in ITC No 2.

Section 2

Article 9. Classification of the cardboard.

Cardboard will be sorted by the following typing:

1. Depending on your usage:

a) For sports activities (hunting, shooting, fishing, simulations, etc.).

b) For work activities (agriculture, industry, construction, etc.).

c) For mounting on industrial security devices.

d) Other.

2. For its components:

a) With projectiles.

b) No projectiles.

c) With fully metallic pods.

d) With non-metallic or partially metallic sheath.

e) With percussion initiator.

f) With initiator of another type (electric, friction, etc.).

g) With no smoke powder (simple base, double base, etc.).

h) With other propellants (black powder, pyrotechnic compositions, etc.).

3. For the type of weapon or apparatus that triggers it:

a) For striped weapons.

b) For hunting shotguns and other long live-fire weapons of smooth anima.

c) For other weapons and appliances.

d) To mount on security devices.

e) For weapons-mounted simulators (sub-calibers, training devices, etc.).

The drive cartridges and the pins and needles of which the powder load exceeds 0,3 grams shall be assimilated, in respect of movement, storage, acquisition, holding and use, to the non-metallic cardboard of sporting activities.

CHAPTER III

cataloging

Article 10. Catalogue.

1. The catalogue of pyrotechnic articles is set up as an administrative register under the Ministry of Industry, Energy and Tourism.

2. Cataloguing will be carried out in the book-registration of pyrotechnic articles, with the necessary indexes and files. The record-book will adopt the database format with computer support.

3. Cataloging will be done with a review of qualifying data in terms as broad as required for full identification.

4. The catalogue of pyrotechnic articles shall incorporate the data of the traceability system, at the level of the European Union, to identify the types of pyrotechnic articles and their manufacturer.

Article 11. Public catalogue.

1. The electronic headquarters of the Ministry of Industry, Energy and Tourism will publish the catalogue of pyrotechnic articles, which will function as a public record of the listing of the products catalogued and, therefore, authorized for storage, introduction in the market and distribution at the community level, as well as those authorized for sale at national level, in accordance with the provisions of the ITC number 5.

2. The Ministry of Industry, Energy and Tourism will provide the Ministry of Defense and the Directorate General of the Civil Guard with a detailed list of the scheduled pyrotechnic articles.

Section 1. Catalogation of pyrotechnic articles

Article 12. Cataloguing of pyrotechnic articles.

1. Prior to their import, transfer, storage, distribution, pyrotechnic articles shall be catalogued in accordance with the provisions of this Chapter.

2. The cataloguing of pyrotechnic articles shall be carried out by means of the mere incorporation into the catalogue of those who have obtained the certificates of conformity and CE marking or marking Timon and who have therefore been subjected to a conformity assessment procedure in accordance with the procedures referred to in ITC No 3, and which comply with the applicable safety requirements as set out in the ITC No 2.

Article 13. Applications for the cataloging of pyrotechnic articles.

The applications for cataloging, written at least in Spanish, will be directed to the Directorate General of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, accompanying the provisions of ITC number 4 and declaring that the article does not belong to the families arranged in ITC number 5.

Article 14. Process for the cataloging of pyrotechnic articles.

The General Directorate of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, after analyzing the application and the submitted documentation, will proceed, if necessary, to incorporate the corresponding pyrotechnic article into the catalogue, thus notifying the interested party by resolution and in accordance with the provisions of the ITC number 4.

Article 15. Presentation by electronic means.

As provided for in Article 24 of Law 11/2007, of June 22, of electronic access of citizens to Public Services, applications for the cataloging of pyrotechnic articles can be submitted electronically, with electronic certificate, in the electronic headquarters of the Ministry of Industry, Energy and Tourism.

Article 16. Cataloging of category F, T and P category items.

In the allocation of the UN number, risk division and compatibility group of categories F, T and P for cataloging by the Directorate-General for Energy Policy and Mines, the provisions of the Technical Instructions Supplementary numbers 4 and 28 will apply.

Article 17. Exclusions to cataloging.

pyrotechnic articles that do not need CE marking and are to be used exclusively by the manufacturer for their own use do not require being cataloged.

Section 2. Catalogation of pyrotechnic regulated materials

Article 18. Cataloguing of other regulated subjects.

Regulating matters and semi-finished products which are marketed between manufacturers holding a pyrotechnics workshop and are therefore placed on the market, as components or raw materials of other end products, subject to conformity assessment and which therefore only reach the final consumer as part of those products, shall be classified in accordance with the provisions of ITC No 4.

CHAPTER IV

CE marking of pyrotechnic articles

Section 1. CE Marking of pyrotechnic articles

Article 19. CE marking.

1. Only pyrotechnic articles which have the CE marking and comply with the obligations relating to conformity assessment may be placed on the market, distributed or used.

2. The CE marking of pyrotechnic articles shall be an essential condition for the classification of pyrotechnic articles, except those manufactured in a workshop for their own use and consumption.

3. The CE marking shall not be illicitly placed on any pyrotechnic article.

4. The CE marking shall be affixed visibly, legibly and indelibly on the pyrotechnic articles or, if this is not possible, on the label attached to the packaging and packaging. The label must be made so that it cannot be reused.

5. The model to be used for the CE marking shall be the one laid down in ITC No 7, except for pyrotechnic articles used in the navy as distress signals which have their own marking, as provided for in Directive 96 /98/EC.

6. No mark or registration which may mislead third parties as to the meaning and form of the CE marking shall be affixed on the pyrotechnic articles. Any other marking may be affixed to pyrotechnic articles provided it does not reduce the visibility or legibility of the CE marking.

7. Where pyrotechnic articles are also regulated in other regulatory regulations in other respects and which also prescribe the CE marking, this marking shall indicate that those articles are also presumed to be in conformity with the other provisions applicable to them.

8. Where a pyrotechnic article is not compliant but is provided with the CE marking, the Directorate-General for Energy Policy and Mines shall take appropriate action against whoever is responsible for affixing the marking and shall inform the European Commission, through the appropriate course, of this.

9. The CE marking shall be affixed before the pyrotechnic article is placed on the market.

10. The CE marking shall be followed by the identification number of the notified body when it participates in the production control phase. The identification number of the notified body shall be affixed by the body itself or, in accordance with its instructions, by the manufacturer.

11. The CE marking shall be subject to the general principles referred to in Article 30 of Regulation (EC) No 765/2008.

12. The CE marking and, where appropriate, the identification number of the notified body may not be followed by any other mark indicating a risk or use.

13. The EU declaration of conformity shall state that compliance with the essential safety requirements laid down in ITC No 2 has been demonstrated.

14. The EU declaration of conformity shall conform to the structure of the model set out in ITC No 27.

15. Where a pyrotechnic article is subject to more than one Union act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such Union acts. This declaration shall contain the identification of the relevant Union acts and their publication references.

16. When drawing up an EU declaration of conformity, the manufacturer shall assume responsibility for the conformity of the pyrotechnic article with the requirements laid down in this Regulation.

Section 2.

Article 20. Pyrotechnic articles with a special purpose.

1. Articles of pyrotechnics produced by a manufacturer for its own use and which have been authorised exclusively for use in the national territory shall not be considered to be marketed and are therefore not subject to the provisions of this Regulation as regards the CE marking.

In the specific case of fairs, exhibitions or demonstrations for the promotion of pyrotechnic articles, the name and date of the fair, exhibition or demonstration in question and the non-conformity of the articles, as well as the impossibility of acquiring such pyrotechnic articles before they are in conformity, must be clearly stated in them. Appropriate security measures shall be taken in such events.

2. The circulation and use of those pyrotechnic articles manufactured for the purpose of research, development and experimentation, which are not in conformity with this regulation, is free and shall not be subject to any kind of restriction provided that they are authorized for use in accordance with Article 21 and provided that it is clearly indicated by a visible sign, their non-conformity, as well as their non-availability for purposes other than research, development and experimentation.

Article 21. Other exceptions for manufacturers, importers and experts.

The Ministry of Industry, Energy and Tourism, prior to the favorable report of the Directorate General of the Civil Guard, Central Intervention of Arms and Explosives and, where appropriate, of the Ministry of Defense, will be able to grant authorizations to be able to:

1. Import, transfer, manufacture, store, transport and use of non-EC-marked pyrotechnic articles, on an experimental basis, in particular quantity and place, either for their subsequent production of CE marking or for research, development and experimentation purposes, and without certificate of a Bank of Evidence C. I. For the purposes of research, development and experimentation or to obtain such a certificate.

2. Import, transfer, manufacture, store and transport of non-CE marked pyrotechnic articles and non-certified cardboard of a Bank of Evidence C. I. P., on a temporary basis and for transit or export purposes.

3. Import, transfer, store and transport of CE marked pyrotechnic articles and uncertified cardboard from a Bank of Tests C. I. P., for the purpose of disposal or inertization, recycling or reuse.

4. Import, transfer, store, transport and use non-EC-marked pyrotechnic articles by non-Community experts in quantity and authorised specific place, such as international festivals and competitions involving other companies, musical performances, sound performances, and shoots.

In such cases, the event organizer or a community company must act as an advisor to the non-Community company in order to comply with the provisions of this regulation.

5. Manufacture, store and transport of non-CE marked pyrotechnic articles for use by recognised consumers as experts, in accordance with the provisions of ITC No 18.

6. Manufacture, import, transfer, store, transport and use of non-CE marked pyrotechnic articles in quantity and place authorised for a purpose other than shows carried out by experts.

In the resolution under which the corresponding authorization is granted, the limitations and measures of any kind that condition its validity and the maximum period of validity shall be determined. This resolution will also be communicated to the Directorate General of the Civil Guard, Central Intervention of Arms and Explosives, and, if necessary, to the Ministry of Defense.

Applications for authorisation under this Article may be submitted electronically, with electronic certificate, at the electronic headquarters of the Ministry of Industry, Energy and Tourism.

TITLE II

Workshops

CHAPTER I

General provisions

Article 22. Workshops for the manufacture of pyrotechnic articles and cardboard and workshops for the preparation and assembly of spectacles with fireworks.

1. The manufacture of pyrotechnic articles and paperboard may only be carried out in officially approved manufacturing workshops and subject to the requirements of this Title, as well as to the specific conditions which apply in each case.

2. The manufacturing workshops shall consist of the following facilities: manufacturing premises, finished product storage, auxiliary storage and, where appropriate, place for disposal or inertisation of regulated products.

3. In addition, optionally, the holders of the manufacturing workshops will be able to have other dependencies and facilities such as offices, canteens, etc.

4. In the case of spectacles with fireworks, the manufacturing workshop shall also have the consideration of a preparation and assembly workshop and must have a local or several premises separate from the premises of manufacture in accordance with the provisions of ITC No 9 for the preparation and assembly of activities.

5. The preparation and assembly workshops shall be those which, without the production of pyrotechnic articles, are made up of one or more local assembly and preparation of spectacles located in accordance with the provisions of ITC No 9, in addition to a deposit of finished products in accordance with the provisions of Article 42.3.

6. In the case of the establishment of manufacturing or preparation and assembly workshops, the authorization of which must be granted by the Government Delegates in the Autonomous Communities, prior to the report of the Functional Area of Industry and Energy and the Central Intervention of Arms and Explosives, it will be a mandatory procedure, without prejudice to the requirements of other provisions, the opening of a prior period of public information.

Article 23. Installations.

The facilities that integrate the workshop must be located within a fenced enclosure whose location must meet the distances specified in the ITC number 9, between them and with the external elements that are established.

Article 24. Changes in the environment.

1. Where, after the establishment of a workshop, alterations were made which, by reason of the distances required by the previous article, would leave the approval without effect, thereby forcing the workshop to be lifted, a margin of reduction of up to 25 per 100 of such distances may be tolerated, provided that the safety of persons and property is sufficiently ensured.

2. Such a margin of reduction may be authorised only by the authority to which the authorization of the establishment corresponds, prior to the necessary checks.

3. The report of the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism will be required in the administrative files for the authorization of works and services on land within the distance of site indicated in the ITC number 9.

It will be required that this report be favorable when it is intended to transform the soil from within the indicated distances into urbanizable or buildable, which did not have such qualifications at the time of obtaining the municipal license for the establishment of the workshop.

Article 25. Application for a workshop establishment authorization.

The natural or legal persons who intend to establish a workshop shall direct the Delegation of the Government in the corresponding Autonomous Community, the application, accompanied by a visa project signed by a university entitled in the field, comprising at least:

1. Descriptive memory in detail of:

1.1 Provisions adopted for compliance with the provisions of this Regulation, with particular reference to the provisions referred to in the Additional Technical Instructions Nos 9 and 13.

1.2 In case of a manufacturing workshop, articles or cardboard to be manufactured, manufacturing means to be used, storage capacity and estimated production capacity.

1.3 Constructive features of the facilities that make up the workshop.

1.4 Documentation on the prevention of serious accidents as provided for in ITC No 10, if applicable.

1.5 Citizen Security Plan Draft as provided for in ITC number 11.

1.6 Place, facilities and procedures for disposal or inertisation in accordance with the provisions of ITC No 12, except for workshops.

1.7 Term of project execution.

2. Plans for the implementation of the facilities and topographic plane in which the site of the workshop and the border areas are located within a radius of at least 3 kilometres. In the case of workshops, the radio station shall be at least 1 km.

3. Budget for the planned investment.

4. Application for the start of environmental impact assessment, pursuant to the provisions of Law 21/2013, of 9 December, of environmental assessment.

These applications may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

To better resolve, the applicant can be obtained as much as possible for the additional data.

Article 26. Workshop establishment authorizations.

In the authorizations for the establishment of a workshop, reference must be made to:

a) Natural or legal person to whom they are issued.

b) Site of the workshop, with indication of its facilities and distances that condition it.

(c) In the case of manufacturing workshops, types of cartridges, pyrotechnic articles, semi-finished articles and regulated materials, the preparation of which is authorised, as well as the stock limit to be stored.

d) Specific conditions to which the authorization is submitted.

e) Deadline for implementation of the project, indicating the date from the resolution, in which the installations are to be finalised.

f) A serious accident prevention plan as provided for in ITC number 10.

g) Reference to the particular conditions on the use of the site and the environment which the competent authority may have imposed on the matter.

(h) Specific authorisation of the auxiliary warehouse of the workshop, in the case of manufacturing workshops, and of the deposit of finished products (own or foreign manufacture), with the maximum storage capacity permitted by storage.

The authorization will detail the maximum capacity of each warehouse for each of the risk divisions, assuming that the entire storage capacity corresponds to the most unfavorable risk division.

(i) Specific authorisation of installations containing regulated materials with the specific security conditions in each of them.

j) Reference to the approved emergency plan.

k) Express authorisation of the authorised facilities and procedures for disposal and inertisation.

l) Reference to the approved citizen security plan.

m) The express authorisation of the sales establishment, if applicable.

n) Express authorisation of the facilities of the preparation and assembly workshop, if appropriate.

Article 27. Change of ownership.

The change of ownership of a workshop will require the authorization of the administrative body to be authorized by its establishment.

Article 28. Transfer of workshops.

1. The authorization for the transfer of the workshops will be subject to the same rules as for their establishment, whatever the reason for it, and even if the industry is reinstalled with its old elements.

2. The permit for the transfer of a workshop shall cancel and leave no effect for the establishment on its previous site.

Article 29. Amendments.

1. Any material modification made in a workshop or in its integrated deposits must be previously authorized by the Government Delegate in the Autonomous Community, prior to the report of the Functional Area of Industry and Energy, which will indicate the conditions under which it is to be carried out, and the Central Intervention of Arms and Explosives in terms of possible conditions in the area of citizen security.

2. A substantial modification of a workshop or its deposits shall mean a change in the types of pyrotechnic articles or a change in the types of cartridges the production of which is authorised, or an extension of storage capacity provided that it changes the position regulation distances established in ITC No 9.

3. Authorizations to introduce a substantial modification to a workshop or its deposits will be requested from the Government Delegate in the Autonomous Community, accompanying a visa project signed by a university entitled on the subject, comprising:

a) A description of the changes that you intend to make.

(b) Planes of implantation of the modifications and topographical plane in which the site of the workshop and the boundary lands are located within a radius of at least 3 kilometers. In the case of workshops, the radio station shall be at least 1 km.

c) Expected investment budget.

In addition, where appropriate, the accident prevention plan and the safety plan described respectively in the Technical Instructions Supplementary Numbers 10 and 11 shall be updated, in accordance with the appropriate instructions to be established by the competent authorities in matters.

4. The owner of the workshop, where he considers new manufacturing, the use of new regulated materials or new procedures, the construction or modification of a manufacturing site, the creation or the non-substantial modification of an installation, the reorganisation of a site or a job liable to have an impact on the safety of workers or the implementation of new means or new transport circuits in the establishment, should proceed with the revision and updating of the documentation referred to in Article 45.

5. In the case of a substantial modification of the workshops and their deposits or adequacy as provided for in this Regulation, it shall not be a mandatory procedure, without prejudice to the requirements of other provisions, the opening of a prior period of public information.

Article 30. Disused workshops.

1. When the facilities of the workshops are partially or totally unused, the Government Delegate in the Autonomous Community may authorize their repair or reconstitution, prior to the report of the Functional Area of Industry and Energy and the Central Intervention of Arms and Explosives.

2. In the case of any variant in the repair or reconstruction, the rules laid down for the modification shall apply.

Article 31. Certificate of suitability and implementation.

1. Completed the operations of installation, transfer or substantial modification or reconstruction of the workshop or adaptation, the services of the Functional Area of Industry and Energy will rotate inspection visit, as well as the Central Intervention of Arms and Explosives to verify the compliance of the regulatory norms and the specific conditions that in the authorization have been indicated.

For the development of these inspections, the Functional Areas of Industry and Energy may require the company to hold the workshop the report of a contributing entity of the Administration, in accordance with the provisions of this Regulation.

2. If the result of the inspection is satisfactory, the Functional Area of Industry and Energy shall issue a certificate of suitability for the implementation of the industry, or of the facilities concerned, indicating a period of time.

3. The implementation of the facilities and elements that make up the workshop will be conditional upon obtaining a permit from the Government Delegate, which will be granted, where appropriate, in the light of the certificate of suitability and the favorable report of the Central Intervention of Arms and Explosives on compliance with the establishment of the security and surveillance measures authorized in the corresponding Citizen Security Plan.

4. The Government Delegate shall transmit a copy of the permit to the Functional Area of Industry and Energy, to the Town Hall of the place where the workshop and to the Central Intervention of Arms and Explosives.

Article 32. Inspections of the workshops.

1. The inspection in the field of industrial and industrial safety of the workshops shall be carried out by the Functional Area of Industry and Energy in the territory of which they radiate.

2. For the development of inspections in the field of industrial safety, the Functional Areas of Industry and Energy may require the company to hold the workshop the report of a contributing entity of the Administration, in accordance with the provisions of this Regulation.

3. This Area shall ensure that the facilities and activities are accommodated in the official authorisations to which they operate. It will also take care of strict compliance with regulatory requirements.

4. In the same way, it will be particularly aware of the compliance with the safety measures of the production processes and the technical aspects of the manufacture and storage of the regulated materials.

Article 33. Frequency of inspections.

The workshops will be subject to regular technical inspections, at least every twelve months. Without prejudice to the foregoing, where the Functional Areas of Industry and Energy have knowledge that any anomaly has occurred in a workshop located within the territory of their jurisdiction, they shall immediately provide an inspection to investigate the causes of the workshop and issue the relevant report, without prejudice to any necessary measures.

Article 34. Record of inspections.

1. Each workshop will have an official record according to the format authorized by the Directorate General of Energy Policy and Mines, which will be constituted by the copies of the formalized minutes, in which it will be recorded the result of how many inspections were the object of the establishment.

2. The Functional Areas of Industry and Energy shall, for their part, carry out a general register of inspections in which the entries to be entered in the records of the workshops referred to in the previous paragraph shall be recorded.

3. The results of the records referred to in the preceding paragraphs may be archived in computerised form.

Article 35. Mandatory requirements and comments on a recommendation.

1. The Functional Areas of Industry and Energy may make mandatory requirements adjusted to the current rules or recommendations, and should be clearly distinguished from one another in the records of the records referred to in the previous article.

2. The mandatory requirements shall be fulfilled within the time limit specified in them, unless reasoned opposition to the Government Delegate in the Autonomous Community has been made within 15 days of notification.

3. In cases of urgency, the Functional Area of Industry and Energy may decide the immediate fulfillment of its requirements, giving knowledge of the actions to the Government Delegate in the Autonomous Community.

Article 36. Cessation of activity.

1. If the Functional Area of Industry and Energy finds in its supervisory action sound grounds to advise the cessation, in whole or in part, of the activity, it may obtain from the Government Delegate the revocation or restriction of the operating permit granted.

2. In the event of an emergency, the Functional Area of Industry and Energy may decree the provisional suspension of all or part of the activities, giving immediate account to the Government Delegate, who will resolve the matter within 10 days. Likewise, if you find in your actions facts or circumstances of which you should understand, by reason of matter, some other authority, you will proceed to put them in your knowledge.

Article 37. Inspections in the field of public safety.

1. The inspection of the safety measures of the workshops and the control of the regulated materials stored in them corresponds to the different Interventions of Arms and Territorial Explosives, who will be able to carry out, without warning, how many inspections they deem necessary.

2. The observed anomalies will be placed by the Central Intervention of Arms and Explosives in the knowledge of the Delegation of the corresponding Government and the holder of the workshop for its healing within a given period.

Article 38. Expiry of the authorisations.

The authorizations will expire after the execution period has elapsed and the facilities will not have been finalized on the due date for which the interested parties may be imputable, who, in any case, may request an extension as long as they are in force.

Article 39. Extinction of permits due to lack of activity.

1. The operating permits will lose their validity when all the facilities remain inactive for a period of six months, in which case, in order to resume the activity, they will need permission from the Government Delegate, prior to the report of the Functional Area of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard Command that corresponds.

2. If the period concerned has elapsed until the next inspection in accordance with the provisions of Article 33, the inactive installation shall be continued, either on its own initiative or at the request of the final closure file.

Article 40. Item records.

1. The owner of the workshop shall designate the person responsible for keeping the records of pyrotechnic articles and cardboard. Such records may be carried out by electronic, computer, telematic or any other method suitable to achieve the objectives pursued, putting it in knowledge of the Intervention of Arms and Explosives of the Civil Guard that corresponds to the demarcation.

2. On a monthly basis, those responsible for the records must present them, by any means, including electronic means, for their supervision in the Intervention of Arms and Explosives of the Civil Guard that corresponds to the demarcation.

3. The records shall be in accordance with the ITC number 24.

CHAPTER II

Pyrotechnics Workshops

Section 1. General Rules

Article 41. Obligation of communication of the actual annual production.

The owner of the pyrotechnics manufacturing workshop shall, during the month of January of each year, notify the Government Delegation of the actual annual production during the previous year.

Article 42. Obligations relating to deposits integrated in the pyrotechnics workshops.

1. Workshops for the manufacture of pyrotechnics shall be provided with at least one tank of finished products separated from the manufacturing areas and the offices, consisting of one or more warehouses where the finished pyrotechnic articles of their own manufacture and, where appropriate, the finished pyrotechnic articles from third parties, as well as semi-finished products for placing on the market, shall be kept. The capacity of the warehouses in this warehouse may not exceed the capacity of the warehouses for deposits of finished products not integrated in a workshop specified in Article 64, in addition to the one derived from compliance with the provisions of ITC No 9.

In these stores, the types of products mentioned in the preceding paragraph may be stored together if their compatibility permits, as established in ITC No 16.

2. The manufacturing workshop must have at least one auxiliary tank inside the manufacturing site, consisting of auxiliary stores which can hold the materials and articles necessary for the manufacture of the articles which are included in the scope of the explosives regulation, the matters regulated in the field of application of this regulation and the semi-finished products for their own use. Semi-finished products intended for marketing, and once they are ready for this (finished product), shall be deposited in the finished product warehouse, in the meantime they shall remain in the auxiliary tank.

In these stores, the types of products mentioned in the preceding paragraph may be stored together if their compatibility permits, as established in ITC No 16.

In addition, the manufacturing workshop will have auxiliary premises for the storage of inert material and for the storage of other raw materials (chemical). These auxiliary premises are considered non-hazardous and therefore do not apply to ITC No 9 and 11.

3. In the event that a workshop is not a manufacturing workshop because it is exclusively for the preparation and assembly of fireworks shows carried out by experts, it must be mandatory, at least, for a deposit of finished products which has been removed from the premises of preparation and assembly and of the offices, consisting of warehouses where finished pyrotechnic articles from third parties will be kept. The capacity of the warehouses in this warehouse may not exceed the capacity of the warehouses for deposits of finished products not integrated in a workshop specified in Article 64, in addition to the one derived from compliance with the provisions of ITC No 9.

4. The deposits of finished products integrated into the workshops shall be authorised jointly with those, as specified in Articles 26 and 68.1.

Section 2. Safety Provisions in the Workshops

Article 43. Technical address.

1. The owner of the workshop, as the person responsible for the security of the facilities, will designate the technical direction that will be the responsibility of a person with professional training that will empower him, whose appointment must be given by the Government Delegate in the Autonomous Community, prior to the report of the Functional Area of Industry and Energy.

2. Such management shall ensure the operation and safeguarding of the workshop and, in particular, compliance with the applicable safety measures.

Article 44. Industrial safety.

In the project to accompany the application for authorization of a workshop, the correct compliance with the provisions laid down in this regulation on industrial safety and in particular those laid down in the Technical Instructions Supplementary numbers 9, 12 and 13 should be expressly justified.

In addition, compliance with the provisions of the current regulations regarding fire safety measures in industrial establishments should be justified.

Article 45. Safety and health at work.

1. The employer, in compliance with the duty of protection established in the Law 31/1995 of 8 November, of Prevention of Occupational Risks, must guarantee the safety and health of the workers to his service in all aspects related to the work. To this end, in the context of its responsibilities, the employer will carry out the prevention of occupational risks through the integration of preventive activity in the enterprise and the adoption of all measures necessary for the protection of the safety and health of workers.

2. The employer shall carry out a permanent action to monitor preventive activity in order to continuously improve the activities of identification, assessment and control of the risks which have not been avoided and the levels of protection existing and shall have the necessary to adapt the prevention measures referred to in the preceding paragraph to any changes which may be made to the circumstances affecting the performance of the work.

3. The obligations of the employees established in the Law on the Prevention of Occupational Risks, the assignment of functions in matters of protection and prevention to workers or services of the company and the use of the concert with specialized entities for the development of prevention activities shall complement the actions of the employer, without thereby exempting him from the performance of his duty in this matter, without prejudice to the actions that he may exercise, if any, against any other person.

4. In relation to the preventive documentation, the employer must prepare and keep the documentation referred to in article 23 of the Law 31/1995 of 8 November, Prevention of Occupational Risks.

5. For the purposes set out in this Article, the provisions of ITC No 14 shall be taken into account.

Article 46. Staff, signage and work premises.

1. Employees in a pyrotechnics workshop shall use the appropriate personal protective equipment for the performance of their functions. Such equipment must be provided by the employer to the employees, who shall also ensure the effective use of the equipment when, by the nature of the work carried out, they are necessary.

2. Smoking shall not be permitted within the premises of the workshop, except in the places or premises expressly authorised to do so, if any.

3. No fire shall be lit or any flammable or easily combustible materials must be stored inside or in the vicinity of the dangerous buildings or premises, unless the relevant safety measures are taken into account in the absence of such fire.

4. Nor shall it be possible to penetrate such dependencies with objects capable of producing sparks or fire, except for special authorization.

5. Buildings, premises and dangerous warehouses must be clearly identified by a numerical, alphabetic or alphanumeric key. This key must be clearly visible on the outside of the building, local or warehouse and close to access.

6. Inside such places, where visible and adjacent to the main access, an identification plate shall be provided where the following information is collected at least:

a) Identification of the building or local.

b) The maximum number of people that you can host simultaneously.

(c) Maximum amount of regulated materials that may contain, if applicable, and risk division.

d) General security measures.

e) Rules to be adopted in case of emergency.

7. No employee may enter dangerous areas, buildings or premises where he does not have the right to work, without special authorisation.

Article 47. Storms.

When a storm with electrical discharge is formed and threatened in the vicinity of the facility of the workshop, work shall be suspended in the hazardous areas while appropriate measures are taken in each case as long as that duration, unless such interruption may be the cause of a major hazard.

Article 48. Communication of accidents.

1. The owner of the workshop shall be obliged to communicate immediately to the Functional Area of Industry and Energy of the Government Delegation in the Autonomous Community where the workshop is located, any serious or fatal accident occurring in its enclosure, as well as any repairs that, as a result of the accident, are required to execute. This is without prejudice to the obligation of the owner of the workshop to immediately require those other authorities who, by nature of the facts, should intervene.

2. In any event, the company has an obligation to report such accidents to the competent Labour Authorities when, on the occasion of such accidents, a worker's accident has occurred, in accordance with the provisions of Article 23 (3) of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, or in the field of Social Security, in accordance with the provisions of the Order of 16 December 1987 laying down the models for the notification of accidents at work and instructions for completion and processing. The provisions of Order TAS/2926/2002 of 19 November establishing new models for the notification of accidents at work and enabling their transmission by electronic means will also be taken into account.

3. The employer has an obligation to carry out, in the event of any accident at work in the centres of work falling within the scope of this regulation, the relevant investigation in order to determine its causes and the need for further prevention and protection measures. All this information will also be presented to the Industry and Energy Functional Area of the Government Delegation in the corresponding Autonomous Community.

4. In addition, the conclusions of the accident investigation will be forwarded to the Labour and Social Security Inspectorate.

Article 49. Transport inside the workshop.

The transport and distribution of the materials inside the workshop shall be regulated in accordance with the provisions of the internal procedures included in the documentation set out in Articles 44 and 45.

Section 3. Provisions on Citizen Security

Article 50. Closing and monitoring of the workshops.

1. The pyrotechnics workshops will have a closure under the conditions and the object indicated by the ITC number 11. They shall have a main door and the secondary doors which are justifiably necessary for safety, including emergency exits, according to their specific rules, all of which are similar to that of the fence.

2. The workshops will have sufficient human surveillance according to the Citizen Security Plan approved by the Central Intervention of Arms and Explosives of the Civil Guard. This human surveillance may be replaced by physical and electronic means in accordance with the provisions of the ITC number 11 which will also be included in the Citizen Security Plan.

Article 51. Input and output controls.

1. Only the entry or exit of the manufacturing and deposit areas shall be permitted for persons who have been authorised for the purpose and prior to the checks or controls which are appropriate. The entry into these dangerous areas, from the offices in case of any, shall be given the appropriate indication of the passing on to any unauthorised person and any other deemed necessary for the safety of those areas.

2. Access to the manufacturing areas and deposits of persons outside the workshop will require a permit from the address, or from the installation manager, and must sign a book of visits enabled for this purpose, prior to the corresponding identification.

3. Such persons shall be advised that they are in such areas at their own risk, and during their stay in such areas they must be accompanied by an employee whose instructions must be scrupulously adhered to, unless their presence, by reason of inspection or their activity, involves the continuous or frequent stay in the premises, in which case they shall comply with the rules and instructions provided to them in advance by the technical or the processor.

Article 52. Standards for the development of workshop activity.

1. No alcoholic drinks or effects may be introduced into the premises of the workshop to produce fire or be liable to affect their safety. It shall be prohibited to remove, without the relevant authorization, any dangerous product or waste from the workshop.

2. The surveillance services, if present, shall carry out periodically, and without prior notice, individual records, complying with the prescriptions contained in Article 18 of the Workers ' Statute, the recast of which was approved by the Royal Legislative Decree 1/1995 of 24 March, to ensure compliance with the provisions of the previous paragraph. These actions will be carried out in accordance with an action plan that will be part of the Citizen Security Plan that has been authorized by the Central Intervention of Arms and Explosives. A summary of the actions taken will be sent monthly to the Civilian Guard's Arms and Explosives Intervention, which, as appropriate, is appropriate.

In the absence of surveillance services, such action shall be borne by the owner of the workshop or person designated and always complying with the requirements of Article 18 of the Workers ' Statute.

3. The staff must maintain order at the entrance and exit of the workshop and its dependencies, as well as during their stay in them, being forbidden their stay in them outside the corresponding working hours, unless expressly permitted.

4. When the activity in the hazardous buildings or premises ceases, its doors and windows shall be closed and the alarm systems shall be activated, if appropriate.

CHAPTER III

Cardboard loading workshops

Section 1. General Rules

Article 53. Obligations relating to deposits.

1. Workshops for the manufacture or loading of a cartwork shall be provided with at least one finished product warehouse consisting of warehouses where the finished cartridges of their own manufacture are to be kept and, if appropriate, the finished cartridges from third parties. The capacity of the warehouses in this warehouse may not exceed the capacity of the warehouses for deposits of finished products not integrated in a specified workshop in Article 64, in addition to the one derived from compliance with the provisions of ITC No 9.

2. The workshop shall have at least one auxiliary tank within the manufacturing site consisting of independent auxiliary stores which have the materials and articles necessary for the manufacture of the products falling within the scope of the Regulation on explosives, other raw materials, explosive materials and explosive mixtures of materials falling within the scope of this Regulation and the semi-finished products.

In these stores, the types of products mentioned in the preceding paragraph may be stored together if their compatibility permits.

In addition, the workshop will have auxiliary premises for the storage of inert material.

Article 54. Provisioning.

1. The loading workshops must be supplied in a regulatory manner with the powder and pistons and the baited pods, if any, which they require, with the manufacture of gunpowder and pistons being prohibited.

2. The provisions of powder, pistons and baited pods, as well as the stock of cartridges, the holding of which is permitted for each workshop, shall be determined by the supply required by normal operation.

3. The maximum quantities of powder, pistons and baited pods to be stored shall be set as expressed in the relevant authorisation.

4. The powder, pistons and baited pods must be used in the same conditions as they have been acquired, without it being tolerable to carry out any processing.

Article 55. Operation.

1. The loading workshops shall be permitted only for the manufacture of non-metallic cardboard, the loading and assembly process of which shall be limited to the operations which they may carry out.

2. The loading workshops may be authorised for the baiting of pods.

3. The loading and reloading of metal cardboard shall be prohibited, except for factories authorised in accordance with Title II of the Explosives Regulation, which shall be subject to the rules laid down therein. However, the reloading of metal and non-metallic cardboard, which may not be the object of permuse, may be authorised for its own consumption, provided that the requirements of the ITC No 15 are met.

Article 56. Maximum amounts allowed.

1. The maximum quantity of powder which may exist inside the loading workshop shall be 10 kilograms unless they use the external feed hopper for the loading machines, in which case the maximum quantity of powder in each hopper of such loading machines shall be 2 kilograms, and must be adequate protection to prevent the passage from the deflagration of one tolvin to another. When feeding hoppers are used for the tolvines of the loading machines, the quantity of powder which each hopper may contain shall not exceed 25 kilograms. Such hoppers shall be adequately separated from each other and from the building in which the load is carried out, so that the workshop is protected in the event of the fire of the powder contained in the hopper, and its connection with the loading machines must be arranged in such a way that a deflagration in the load machines is not transmitted to the power tolvines.

2. When the workshop is authorised for the baiting of pods, it shall be carried out in an independent building of the other hazardous buildings.

3. In the case where the packaging and packaging of the cartridges are carried out in the same building as the loading workshop, the maximum quantities of loaded cartridges which are tolerated shall be set out in the corresponding authorisations. This limitation shall not be required where appropriate separation is established between the two sections, the packaging and the packaging and the loading sections. Daily, and once packed cartridges are packed, they will be moved to the finished product depot for storage in the corresponding warehouse.

Section 2. Safety Provisions in the Workshops

Article 57. Address of the workshop.

1. The owner of the workshop, as responsible for the security of the facilities, will designate the technical management of the workshop, which will be the responsibility of a person with professional training that will empower him, whose appointment will be given by the Government Delegate in the Autonomous Community, prior to the report of the Functional Area of Industry and Energy. Such management shall ensure the operation and safeguarding of the workshop and, in particular, compliance with the applicable safety measures.

2. The employer, in compliance with the duty of protection established in the Law 31/1995 of 8 November, of Prevention of Occupational Risks, must guarantee the safety and health of the workers to his service in all aspects related to the work. To this end, in the context of its responsibilities, the employer will carry out the prevention of occupational risks through the integration of preventive activity in the enterprise and the adoption of all measures necessary for the protection of the safety and health of workers.

3. The employer shall carry out a permanent action to monitor preventive activity in order to continuously improve the activities of identification, assessment and control of the risks which have not been avoided and the levels of protection existing and shall have the necessary to adapt the prevention measures referred to in the preceding paragraph to any changes which may be made to the circumstances affecting the performance of the work.

4. The obligations of the employees established in the Law on the Prevention of Occupational Risks, the assignment of functions in matters of protection and prevention to workers or services of the company and the use of the concert with specialized entities for the development of prevention activities shall complement the actions of the employer, without thereby exempting him from the performance of his duty in this matter, without prejudice to the actions that he may exercise, if any, against any other person.

5. In relation to the preventive documentation, the employer must prepare and keep the documentation referred to in article 23 of the Law 31/1995 of 8 November, Prevention of Occupational Risks.

6. For the purposes set out in this Article, the provisions of ITC No 14 shall be taken into account.

7. The owner of the workshop shall be obliged to communicate immediately to the Functional Area of Industry and Energy of the Delegation of Government in the Autonomous Community, where the workshop is located, any serious or fatal accident occurring in its enclosure, as well as any repairs that, as a result of the accident, are obliged to execute. This is without prejudice to the obligation of the owner of the workshop to immediately require those other authorities who, by nature of the facts, should intervene.

In any event, the company has an obligation to report such accidents to the competent Labour Authorities when, on the occasion of such accidents, a worker's accident has occurred, in accordance with the provisions of Article 23 (3) of Law 31/1995 of 8 November, of the Prevention of Occupational Risks, or in the field of Social Security, in accordance with the provisions of the Order of 16 December 1987 laying down the models for the notification of accidents at work and giving instructions for their work. completion and processing.

The employer has an obligation to carry out, in the face of any accident at work in the workplace falling within the scope of this regulation, the corresponding investigation in order to determine its causes and the need to adopt new measures of prevention and protection. All this information will also be presented to the Industry and Energy Functional Area of the Government Delegation in the corresponding Autonomous Community.

Additionally, the conclusions of the investigation of the accident will be forwarded to the Inspection of Labor and Social Security.

8. When in any event a workshop ceases in its activity, totally or partially, for a period of more than six months, before resuming such activity, the address of the workshop shall be brought to the attention of the Functional Area of Industry and Energy, which shall inspect the workshop and proceed in the manner provided for in Article 39, as well as the Intervention of Arms and Explosives of the Civil Guard of the corresponding Command.

If the corresponding period up to the next inspection in accordance with Article 33 continues, the inactive installation shall be continued, either on its own initiative or at the request of the final closure file.

Article 58. Staff and workshop buildings.

1. Employees shall use the appropriate personal protective equipment for the performance of their duties. Such equipment must be provided by the employer to the employees, who shall also ensure the effective use of the equipment when, by the nature of the work carried out, they are necessary.

2. Smoking shall not be permitted within the premises of the workshop, except in the places or premises expressly authorised to do so, if any.

3. No fire shall be lit or any flammable or easily combustible materials must be stored inside or in the vicinity of the dangerous buildings or premises, unless the relevant safety measures are taken into account in the absence of such fire.

4. Nor shall it be possible to penetrate such dependencies with objects capable of producing sparks or fire, except for special authorization.

5. Buildings, premises and dangerous warehouses must be clearly identified by a numerical, alphabetic or alphanumeric key. This key must be clearly visible on the outside of the building, local or warehouse and close to access.

6. Inside such places, where visible and adjacent to the main access, an identification plate shall be provided where the following information is collected at least:

a) Identification of the building or local.

b) The maximum number of people that you can host simultaneously.

(c) Maximum net quantity of explosive materials or explosive mixtures of materials which it may contain, if appropriate.

d) General security measures.

e) Rules to be adopted in case of emergency.

Section 3. Provisions on Citizen Security

Article 59. Closing and monitoring of the workshops.

1. The cartchery loading workshops will have a closure under the conditions indicated by the ITC number 11. They will have a front door and secondary doors that are justifiably necessary, all of them of resistance analogous to that of the fence.

2. The workshops will have sufficient human surveillance according to the Citizen Security Plan approved by the Central Intervention of Arms and Explosives of the Civil Guard. This human surveillance may be replaced by physical and electronic means in accordance with the provisions of the ITC number 11 which will also be included in the Citizen Security Plan.

Article 60. Input and output controls.

1. Only the entry or exit of the manufacturing and deposit zones shall be permitted for persons who have been authorised for the purpose and prior to the checks or controls which are appropriate. The entry or exit to these areas will not be possible from the offices, if any.

2. The entry into a workshop of persons outside of it will require a permission from the address, which will be withdrawn to them, and must sign a book of visits enabled for this purpose, prior to the corresponding identification.

3. Such persons shall be warned that they enter the premises of the workshop at their own risk, and during their stay in the workshop they must be accompanied by an employee whose instructions they must observe scrupulously, unless their presence, by reason of their activity, involves the continuous or frequent stay in the premises, in which case they must abide by the rules and instructions that are previously provided to them by the technical direction.

Article 61. Standards for the development of workshop activity.

1. No alcoholic drinks or effects may be introduced into the premises of the workshop to produce fire or be liable to affect their safety. It shall be prohibited to remove, without the relevant authorization, any dangerous product or waste from the workshop.

2. The surveillance services, if present, shall carry out periodically, and without prior notice, individual records complying with the prescriptions contained in Article 18 of the Workers ' Statute, the recast of which was approved by the Royal Legislative Decree 1/1995 of 24 March, to ensure compliance with the provisions of the previous paragraph. These actions will be carried out in accordance with the provisions of an action plan that will be part of the Citizen Security Plan that has been authorized by the Central Intervention of Arms and Explosives. A summary of the actions taken will be sent monthly to the Civilian Guard's Arms and Explosives Intervention, which, as appropriate, is appropriate.

In the case of not having surveillance services, this will be the responsibility of the owner of the workshop or person who appoints and always complies with the requirements of the art. 18 of the Workers ' Statute

3. The staff must maintain order at the entrance and exit of the workshop and its dependencies, as well as during their stay in them, being forbidden their stay in them outside the corresponding working hours, unless expressly permitted.

4. No employee may enter dangerous areas, buildings or premises where he does not have the right to work, without special authorisation.

5. When the activity in the hazardous buildings or premises ceases, its doors and windows shall be closed and the alarm systems shall be activated, if appropriate.

TITLE III

Deposits

CHAPTER I

General provisions

Article 62. Deposits.

1. The deposit shall mean the place or place which houses one or more warehouses.

2. Deposits may be of two types:

(a) Deposit of finished or non-owned, integrated or non-integrated products in a workshop. Semi-finished products which are to be placed on the market (considered as finished product for the purpose of marketing) shall be stored in these tanks.

b) Auxiliary deposit associated with a manufacturing workshop.

Article 63. Warehouses.

1. Warehouse shall be understood as each local conditioner for this purpose.

2. The auxiliary stores associated with a workshop may be:

a) Surfaces.

b) Semiburied.

c) Subways.

3. The warehouses that make up the finished product can only be superficial and semi-buried.

Article 64. Shallow and semi-buried warehouses.

1. The surface stores are buildings in the open environment in which natural or artificial defenses can exist or not.

The maximum capacity of each surface warehouse of finished products shall be 50,000 kilograms of regulated matter or its equivalent in number of cartridges. In the case of housing finished products with a risk division 1.1, the maximum capacity of each surface warehouse shall be 25,000 kilograms.

The maximum capacity of each auxiliary surface warehouse associated with a manufacturing workshop will be 5,000 kilograms of regulated matter.

2. The semi-buried warehouses shall be covered by land on all sides except the front. This coating will have a minimum thickness of one meter at the top of the building, descending the lands all over its parts according to its slope and not being able to have in any of its points of fall a thickness of less than one meter.

The maximum storage capacity of each semi-buried warehouse of finished products shall be 50,000 kilograms of regulated matter or its equivalent in number of cartridges.

The maximum capacity of each auxiliary semi-buried warehouse associated with a manufacturing workshop shall be 10,000 kilograms of regulated material.

Article 65. Underground warehouses.

1. Underground warehouses are excavations accessed from the outside by a tunnel, or a ramp.

2. The maximum capacity of each auxiliary underground warehouse associated with a manufacturing workshop shall be 1,000 kilograms of regulated material.

Article 66. Technical guarantees.

Storage premises shall be constructed with due technical guarantees according to their storage capacity and the nature of the materials to be used, and shall comply with the provisions of the Additional Technical Instructions No 9, 11, 13, 14 and 16.

Article 67. Responsible.

The operation and security of the deposits will respond to their holders or those to whom the entitlement has been granted. In the case of legal persons, their legal representatives shall be responsible.

CHAPTER II

Finished product repositories

Section 1. General Rules

Article 68. Authorization of deposits of finished products.

1. The deposits of finished products not integrated in a workshop of pyrotechnic articles and cardboard will be authorized by the Government Delegate in the Autonomous Community, prior to the report of the Functional Area of Industry and Energy and the Central Intervention of Arms and Explosives of the Civil Guard. The deposits of finished products integrated into the workshops shall be authorised jointly with those, as specified in Article 26.

2. Deposits of finished products which are not covered by the corresponding official authorisation shall be considered to be illegal.

Article 69. Applications.

1. Natural or legal persons who intend to establish a deposit of finished products not integrated in a workshop, in accordance with the provisions of the previous article, must submit to the Government Delegation in the Autonomous Community the corresponding application, accompanied by a draft visa signed by a university entitled on the subject, comprising at least:

a) Descriptive memory in detail of:

i. Provisions adopted for compliance with the provisions of this Regulation, with particular reference to the provisions referred to in the Additional Technical Instructions Nos 9 and 13.

ii. Projected capacity of the deposit, types of products to be stored, categories and risk divisions.

iii. Constructive characteristics of the facilities that make up the deposit.

iv. Documentation concerning the prevention of serious accidents as provided for in ITC No 10.

v. Draft of the Citizen Security Plan as provided for in ITC number 11.

vi. Place, facilities and procedures for disposal or inertisation, as provided for in ITC No 12, except for cardboard.

vii. Deadline for implementation of the project.

(b) Planes of implantation of the facilities and topographical plane in which the site of the deposit and the border areas are located within a radius of at least 3 kilometers. In the case of tanks, the radius shall be at least 1 km.

c) Expected investment budget.

d) Request for the start of environmental impact assessment, if any, pursuant to the provisions of Law 21/2013 of 9 December of environmental assessment.

2. The documentation described in the previous paragraph shall be delivered together, if appropriate, with the documentation described in Article 25 in the case of deposits of finished products integrated into a workshop.

3. For the better to be resolved, the applicant may be sought as much as possible.

4. These applications may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

Article 70. Material modifications.

1. Authorizations for any material modification of a non-integrated finished product warehouse shall be granted by the same authority to whom it is appropriate to authorize its establishment, prior to the report of the Functional Area of Industry and Energy, which shall indicate the conditions under which it is to be carried out and the Central Intervention of Arms and Explosives in terms of possible conditions in matters of citizen security.

If new installations are to be incorporated that do not involve substantial modification, a visa project must accompany the changes that they intend to introduce.

2. In no case may transfer authorisations be granted in order to change the location of deposits, and the instruction of a new establishment must be necessary for this purpose.

Article 71. Substantial amendments.

1. The authorisation for the establishment or substantial modification of a finished product repository, which shall be the one involving an increase in storage capacity provided that it modifies the position-regulation distances established in ITC No 9, shall be carried out in accordance with Article 29.

2. In the procedures for the substantial modification or adaptation to this regulation referred to in the fourth transitional provision of the royal decree pursuant to which it is adopted, it shall not be a mandatory procedure, without prejudice to the requirements of other provisions, the opening of a prior period of public information.

Article 72. Use of deposits of finished products.

1. Deposits may only be used by those who are recognised as their holders.

2. They may also be used by those natural or legal persons to whom the operators gave their exploitation, with the exception of those integrated into a workshop and authorised together, which must be jointly carried out with the workshop.

3. The transfer of the holding and the change in ownership of a finished product deposit shall require the approval of the authority to which the authorisation is granted for its establishment. In general, only the holding or ownership of a deposit as a whole may be transferred, not from its separate warehouses.

4. Exceptionally and for justified reasons, the authority referred to in the preceding paragraph may authorise the temporary assignment of one or more storerooms of a finished product warehouse.

Article 73. Authorization of a non-integrated finished product warehouse in a workshop.

In authorizations for the establishment of a non-integrated finished product warehouse in a workshop, reference shall be made to:

a) Natural or legal person to whom they are issued.

b) Site of the deposit, with indication of its stores and distances that condition it.

c) Maximum storage capacity allowed per store.

The authorization will detail the maximum capacity of each warehouse for each of the risk divisions, assuming that the entire storage capacity corresponds to the most unfavorable risk division.

(d) Types of finished, semi-finished and regulated pyrotechnic articles whose storage is authorised. In the case of cardboard, risk divisions and compatibility group of the products to be stored.

e) Specific conditions to which the authorization is submitted.

(f) Deadline for implementation of the project, indicating the date on which the installations are to be completed.

g) Serious accident prevention plan as provided for in ITC number 10, if applicable.

(h) Reference to the particular conditions on land use of the site and environmental conditions which the competent authority may have imposed on the matter.

i) Reference to the approved emergency plan.

j) Express authorisation of authorised facilities and procedures for disposal and inertisation, reuse or recycling.

k) Reference to the approved citizen security plan.

l) The express authorisation of the sales premises, if applicable.

Article 74. Certificate of suitability and implementation.

1. The operations of installation or substantial modification of the deposit, the services of the Functional Area of Industry and Energy shall be completed by inspection visit, as well as the Central Intervention of Arms and Explosives of the Civil Guard, in order to verify the compliance with the regulatory norms and the specific conditions that in the authorization would have been pointed out.

For the development of these inspections, the Functional Areas of Industry and Energy, may require the company to hold the report of a contributing entity of the Administration

2. If the result of the inspection is satisfactory, the Functional Area of Industry and Energy shall issue a certificate of suitability for the purpose of putting the deposit into effect, giving time for this.

3. The operation of the warehouses and the elements that make up the deposit will be conditional upon obtaining a permit from the Government Delegate, which will be granted, where appropriate, in the light of the certificate of suitability and the favorable report of the Central Intervention of Arms and Explosives on the implementation of the security and surveillance measures approved in the corresponding Citizen Security Plan.

4. The Government Delegate shall transmit a copy of the permit to the Functional Area of Industry and Energy, to the Town Hall of the place where the deposit and the Central Intervention of Arms and Explosives are to be radiated.

Article 75. Expiry of the authorisations.

The authorisations will expire after the execution period has elapsed and the facilities will not have been finalised on the due date for which the interested parties may be imputable, who in any case may request an extension as long as they remain in force.

Article 76. Extinction of permits due to lack of activity.

The operating permits will lose their validity when all the facilities remain inactive for a period of six months, in which case, in order to resume the activity, permission from the Government Delegate will be specified, prior to the report of the Functional Area of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard of the corresponding Command.

Article 77. Records.

1. The owner of the deposit shall designate the person responsible for keeping the records of pyrotechnic articles and cardboard. Such records may be carried out by electronic, computer, telematic or any other method suitable to achieve the objectives pursued, putting it in knowledge of the Intervention of Arms and Explosives of the Civil Guard that corresponds to the demarcation.

2. On a monthly basis, those responsible for the records shall present them for supervision in the Arms and Explosives Intervention of the Civil Guard, which, by any means, including the electronic ones, corresponds to the demarcation.

3. The records shall be in accordance with the ITC number 24.

Section 2. Security Provisions in Stores

Article 78. Sites of the warehouses.

1. The sites of the warehouses shall be governed by the provisions of ITC No 9.

2. The distance arrangements set out in the previous paragraph refer to the unit store. In the case of a warehouse in which there are several storerooms, the measures applicable shall be those for the storage of maximum capacity or danger, provided that the distances of the others are included.

Article 79. Changes in the environment.

1. Where, after the establishment of a deposit, changes have occurred which, by reason of the distances required by the preceding article, leave the authorization without effect, thereby forcing the removal of the deposit, a margin of reduction of up to 25 per 100 of such distances may be tolerated, provided that the safety of persons and property is sufficiently ensured.

2. Such a margin of reduction may be granted only by the authority to which the authorization of the establishment is granted, prior to the necessary checks.

3. The report of the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism will be required in the administrative files for the authorization of works and services on land within the distance of site indicated in the ITC number 9.

4. Such a report shall be required to be favourable when it is intended to transform the soil within the indicated distances into urbanizable or buildable, which would not have such qualifications at the time of obtaining the municipal licence for the establishment of the deposit.

Article 80. Technical address.

1. The owner of the deposit, as the person responsible for the security of the facilities, shall designate the technical management of the deposit, which shall be the responsibility of a responsible person with professional training, who will be empowered to do so, to whose appointment the Government Delegate in the Autonomous Community must express, prior to the report of the Functional Area of Industry and Energy.

2. Such management shall ensure the operation and safeguarding of the deposit and, in particular, compliance with the regulatory safety measures.

Article 81. Industrial safety.

In the project to accompany the application for authorization of a deposit, the correct compliance with the provisions laid down in this regulation on industrial safety and in particular those laid down in the Technical Instructions Supplementary numbers 9, 12 and 13 should be expressly justified.

In addition, compliance with the provisions of the current regulations regarding fire safety measures in industrial establishments should be justified.

Article 82. Safety and health at work.

1. The employer, in compliance with the duty of protection established in the Law 31/1995 of 8 November, of Prevention of Occupational Risks, must guarantee the safety and health of the workers to his service in all aspects related to the work. To this end, in the context of its responsibilities, the employer will carry out the prevention of occupational risks through the integration of preventive activity in the enterprise and the adoption of all measures necessary for the protection of the safety and health of workers.

2. The employer shall carry out a permanent action to monitor preventive activity in order to continuously improve the activities of identification, assessment and control of the risks which have not been avoided and the levels of protection existing and shall have the necessary to adapt the prevention measures referred to in the preceding paragraph to any changes which may be made to the circumstances affecting the performance of the work.

3. The obligations of the employees established in the Law on the Prevention of Occupational Risks, the assignment of functions in matters of protection and prevention to workers or services of the company and the use of the concert with specialized entities for the development of prevention activities shall complement the actions of the employer, without thereby exempting him from the performance of his duty in this matter, without prejudice to the actions that he may exercise, if any, against any other person.

4. In relation to the preventive documentation, the employer must prepare and keep the documentation referred to in article 23 of the Law 31/1995 of 8 November, Prevention of Occupational Risks.

5. For the purposes set out in this Article, the provisions of ITC No 14 shall be taken into account.

Article 83. Stores of finished products.

1. Each warehouse of the tank shall consist of a single local, being compartmentalized or divided according to panels, and its only openings to the outside shall be those corresponding to the ventilation ducts, doors and lighting from the exterior duly protected. If the lighting is interior, it shall be taken into account as laid down in ITC No 13.

2. Warehouse warehouses shall only have emergency doors and exits to determine the application of the current fire safety regulations, which shall be provided with security closure and open outward.

3. Except during loading and unloading operations, the space placed before the doors of the storerooms shall be kept clear.

4. The warehouses shall be protected by lightning rods which must comply with the rules in force in this respect, and shall be taken into account as laid down in ITC No 9.

5. The floor of the storerooms shall meet the requirements for the characteristics of the products to be stored, in any event a united surface, without cracks or fissures, of easy cleaning and washing.

6. The ventilation of the warehouses shall be carried out, in principle, by means of natural aeration systems, with only the use of aeroppropelled devices, with due safety conditions and when their installation is located outside the warehouses. However, the internal use of these systems shall be permitted when compliance with the requirements of ITC No 13 is complied with.

Vents will be protected, designed or conditioned so that, through them, it is not possible to throw objects inside the warehouse.

7. The storage of the products shall be carried out with caution and in safety. The stacking of the packages may be carried out manually or mechanically, with suitable shelves available. To this end, account shall be taken of the provisions laid down in the applicable legislation on safety and health at work, and in particular Royal Decree 487/1997 of 14 April 1997 on minimum safety and health provisions relating to the manual handling of charges involving risks, in particular back to back, for workers.

When overlapping boxes are stored, they must be stacked with the lid up and the information and marked visible.

8. In no case shall any incompatible materials be stored together. Storage compatibility is generally collected in ITC number 16.

9. It shall not be possible to fire, or to store combustible or easily flammable materials inside or close to the warehouses of the tank. Nor can it be penetrated into the tank with any object capable of producing flame or spark.

Article 84. Signage.

1. The warehouse stores must be clearly identified by a numerical, alphabetic or alphanumeric key. This key must be clearly visible on the outside of the building, local or warehouse and close to access.

2. Inside such places, where visible and adjacent to the main access, an identification plate shall be provided where the following information is collected at least:

a) Identification of the building or local.

b) The maximum number of people that you can host simultaneously.

(c) Maximum amount of regulated materials that may contain, if applicable, and risk division.

d) General security measures.

e) Rules to be adopted in case of emergency.

Article 85. Fire service.

1. The existence of a fire service, which may be made up of depot personnel, shall be mandatory to combat the fire that may originate in any of the facilities, in accordance with a plan previously established by the operator responsible for the installation, which shall be reviewed annually.

2. The staff of the depot assigned to the fire service shall receive regular instruction.

Article 86. Communication of accidents.

1. The owner of the deposit shall be obliged to communicate immediately to the Functional Area of Industry and Energy of the Delegation of Government in the Autonomous Community where the workshop is located, any serious or fatal accident occurring in its enclosure, as well as any repairs that, as a result of the accident, are obliged to execute. This is without prejudice to the obligation of the owner of the workshop to immediately require those other authorities who, by nature of the facts, should intervene.

2. In any event, the company has an obligation to report such accidents to the competent Labour Authorities when, on the occasion of such accidents, a worker's accident has occurred, in accordance with the provisions of Article 23 (3) of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, or in the field of Social Security, in accordance with the provisions of the Order of 16 December 1987 laying down the models for the notification of accidents at work and instructions for completion and processing. The provisions of Order TAS/2926/2002 of 19 November establishing new models for the notification of accidents at work and enabling their transmission by electronic means will also be taken into account.

3. The employer has an obligation to carry out, in the event of any accident at work in the centres of work falling within the scope of this regulation, the relevant investigation in order to determine its causes and the need for further prevention and protection measures. All this information will also be presented to the Industry and Energy Functional Area of the Government Delegation in the corresponding Autonomous Community.

4. In addition, the conclusions of the accident investigation will be forwarded to the Labour and Social Security Inspectorate.

Article 87. Transport inside the tank.

The transport and distribution of finished materials inside the tank shall be regulated in accordance with the provisions of the internal procedures included in the documentation provided for in Articles 81 and 82.

Article 88. Inspections of the deposits.

1. The inspection in the field of industrial and occupational safety of the finished product deposits shall correspond to the Functional Area of Industry and Energy in the territory of which they radiate.

For the development of these inspections, the Functional Areas of Industry and Energy, may require the company to hold the workshop the report of a contributing entity of the Administration.

2. This Area shall ensure that the facilities and activities are accommodated in the official authorisations to which they operate. It will also take care of strict compliance with regulatory requirements.

Article 89. Frequency of inspections.

Deposits of finished products shall be subject to regular technical inspections at least every 12 months. Without prejudice to the foregoing, where the Functional Areas of Industry and Energy have knowledge that any anomaly has occurred in a warehouse located within the territory of their jurisdiction, they shall immediately provide an inspection to investigate the causes of the deposit and issue the relevant report, without prejudice to any necessary measures.

Article 90. Record of inspections.

1. Each deposit shall have an official record in accordance with the format authorized by the Directorate-General for Energy Policy and Mines, which shall be made up of copies of the formalized minutes, in which the result of the number of inspections being carried out shall be recorded, according to the model in ITC number 24.

2. The Functional Areas of Industry and Energy shall, for their part, carry out a general register of inspections in which the entries to be entered in the records of the workshops referred to in the previous paragraph shall be recorded.

3. The results of the records referred to in the preceding paragraphs may be archived in computerised form.

Article 91. Mandatory requirements and comments on a recommendation.

1. The Functional Areas of Industry and Energy may make mandatory requirements adjusted to the current rules or recommendations, and should be clearly distinguished from one another in the records of the records referred to in the previous article.

2. The mandatory requirements shall be fulfilled within the time limit specified in them, unless reasoned opposition to the Government Delegate in the Autonomous Community has been made within 15 days of notification.

3. In cases of urgency, the Functional Area of Industry and Energy may decide the immediate fulfillment of its requirements, giving knowledge of the actions to the Government Delegate in the Autonomous Community.

Article 92. Cessation of activity.

1. If the Functional Area of Industry and Energy finds in its supervisory action sound grounds to advise the cessation, in whole or in part, of the activity, it may obtain from the Government Delegate the revocation or restriction of the operating permit granted.

2. In the event of an emergency, the Functional Area of Industry and Energy will be able to decree the provisional suspension of all or part of the activities, giving immediate account to the Government Delegate, who will resolve the matter within 10 days. Likewise, if you find in your actions facts or circumstances of which you should understand, by reason of matter, some other authority, you will proceed to put them in your knowledge.

Section 3. Provisions on Citizen Security

Article 93. Closing and monitoring of deposits.

1. Deposits of finished products not integrated in a manufacturing workshop shall be closed in accordance with the conditions and the object indicated by the ITC number 11. They shall have a main door and the secondary doors which are justifiably necessary for safety, including emergency exits, according to their specific regulations, all of which are similar to that of the fence.

2. The deposits of finished products will have sufficient human surveillance according to the Citizen Security Plan approved by the Central Intervention of Arms and Explosives of the Civil Guard. This human surveillance may be replaced by physical and electronic means in accordance with the provisions of the ITC number 11 which will also be included in the Citizen Security Plan.

Article 94. Input and output controls and rules regarding the development of the activity

1. The entry or exit to the storage areas of the deposits shall be permitted only for persons who have been authorised for the purpose and prior to the checks or controls which are appropriate. The entry into these dangerous areas, from the offices in case of any, shall be given the appropriate indication of the passing on to any unauthorised person and any other deemed necessary for the safety of those areas.

2. Access to the storage areas of the deposits of persons other than them shall require a permit from the address or the person in charge of the installation, and must sign a book of visits enabled for this purpose, subject to the corresponding identification.

The surveillance services, if present, will carry out periodically, and without prior notice, individual records complying with the prescriptions contained in Article 18 of the Workers ' Statute, the recast of which was approved by the Royal Legislative Decree 1/1995 of 24 March, to ensure compliance with the provisions of the previous paragraph. These actions will be carried out in accordance with the provisions of an action plan that will be part of the Citizen Security Plan that has been authorized by the Central Intervention of Arms and Explosives. A summary of the actions taken will be sent monthly to the Civilian Guard's Arms and Explosives Intervention, which, as appropriate, is appropriate.

In the absence of surveillance services, such action shall be borne by the owner of the workshop or person designated and always complying with the requirements of Article 18 of the Workers ' Statute.

3. Such persons shall be warned that they enter such areas of the deposit at their own risk, and during their stay in such areas they must be accompanied by an employee whose instructions must be scrupulously adhered to, unless their presence, by reason of inspection or their activity, involves the continuous or frequent stay in the premises, in which case they shall comply with the rules and instructions which are previously provided to them by the technical or the processor.

4. Effects which are liable to affect their safety may not be introduced into the warehouse.

Article 95. Inspections in the field of public safety.

1. The inspection of the safety measures of the deposits of finished products and the control of the regulated materials stored in them corresponds to the different Interventions of Arms and Territorial Explosives, who will be able to carry out, without warning, how many inspections they consider necessary.

2. The anomalies observed shall be put in by the Central Intervention of Arms and Explosives in the knowledge of the Delegation of the corresponding Government and the holder of the deposit for its purpose within a given period.

CHAPTER III

Ancillary deposits associated with pyrotechnic articles and cardboard workshops

Section 1. Safety Provisions in Auxiliary Deposits

Article 96. Sites of auxiliary warehouses.

The sites of the auxiliary stores will be governed by the ITC number 9.

Article 97. Underground auxiliary warehouses.

In the auxiliary tanks associated with manufacturing or cargo workshops, underground warehouses may be authorised under duly justified conditions and provided that the provisions of the explosives Regulation and its ITC No 17 for this type of storage are complied with.

Article 98. Auxiliary warehouses associated with workshops.

1. The auxiliary stores shall have the compartments, doors and, where appropriate, emergency exits necessary for their proper operation, all of which are equipped with security and open doors.

2. The floor of the auxiliary storage facilities shall meet the requirements for the characteristics of the products to be stored, and in any case must be a surface, without cracks or fissures, of easy cleaning and washing.

3. Auxiliary warehouses, superficial or semi-buried, shall be protected by lightning systems, and the provisions of the Additional Technical Instructions Nos 9 and 13 shall be taken into account.

4. The ventilation of the warehouses shall be carried out, in principle, by means of natural aeration systems, with only the use of aeroppropelled appliances, with due safety conditions and when their installation is located outside the buildings. The use of such apparatus, inside, may be authorised in underground warehouses provided that they are fitted with safety devices which are considered appropriate, in accordance with the provisions of ITC No 13.

5. The vents shall be protected, designed or conditioned so that, through them, it is not possible to throw objects inside the warehouse.

Article 99. Fire safety measures.

All auxiliary warehouses shall be equipped with extinguishers and means necessary to quickly combat any fire conate, in accordance with a previously established plan, which shall be annually reviewed. They will also have to comply with the provisions of the current regulations regarding fire safety measures in industrial establishments.

Section 2. Provisions on Citizen Security

Article 100. Citizen security measures.

The auxiliary stores associated with workshops will have the conditions for citizen security indicated by the ITC number 11, linked to the integral measures of the workshop where they are located.

CHAPTER IV

Special Deposits

Article 101. Regime.

1. The special storage arrangements referred to in this Chapter shall be excluded from the general arrangements for deposits.

2. The accidental storage of the regulated materials outside the authorised deposits may be permitted where circumstances which made it indispensable, such as accident or unforeseeable cause in transport, may be permitted.

Article 102. Vehicles carrying fireworks.

1. Vehicles carrying fireworks intended for spectacles, from their arrival to the place of destination until the assembly of the show, shall be regarded as a special deposit provided that their arrival at the place of destination takes place at an advance of more than 14 hours in advance of the start of the show.

Such special deposits must comply with the security conditions established in ITC number 8, and must be previously communicated to the Arms and Explosives Intervention of the Civil Guard, which, by demarcation, may be appropriate, who may establish additional security measures to which the holder of the vehicle has proposed.

2. Vehicles carrying fireworks intended for spectacles shall not be regarded as a special deposit, provided that their arrival at the place of destination is less than 12 hours in advance at the time of the start of the show.

Article 103. Storage in armerias, security companies, polygons and shooting galleries and specialized companies in the custody of weapons.

1. The armerias may store, after authorization of the Government Delegate in the Autonomous Community, with report of the Functional Area of Industry and Energy and the Central Intervention of Arms and Explosives of the Civil Guard:

a) Polvora for sale in sealed containers, up to 30 kilograms.

b) Non-metallic hunting Cartuchery, up to a maximum of 500,000 units.

c) Metal Cartuchery, up to a maximum of 250,000 units.

d) Foogage Cartuchery, up to a maximum of 500,000 units.

e) Pistons for cardboard, up to a maximum of 200,000 units, in sealed packages.

f) Propulsed capsules, in sealed containers, up to a maximum of 500,000 units.

Armerias must submit the stored materials to a control by the annotation in a book-register at the disposal of the competent authority.

The owner of the armory will appoint the person in charge of keeping the records. Such records may be carried out by electronic, computer, or any other method suitable for achieving the objectives pursued, in the knowledge of the Intervention of Arms and Explosives of the Civil Guard that corresponds to the corresponding demarcation.

On a monthly basis, those responsible for the records must present them, by any means, including electronic means, for their supervision in the Intervention of Arms and Explosives of the Civil Guard that corresponds to the demarcation.

The records will conform to the number 24 ITC set.

2. Security firms will be able to store in their premises, both in offices and in delegations, the necessary card for the performance of their functions. To this end, they will adopt the necessary security measures, which will be approved by the General Directorate of the Civil Guard, prior to the report of the Intervention of Arms and Explosives. The General Directorate of the Civil Guard shall fix the maximum amounts of storage.

3. The firing ranges and galleries, as well as the companies specialized in the custody of weapons, will be able to store in their facilities, a previous report of the Intervention of Arms and Explosives, as long as they meet the necessary security measures. The General Directorate of the Civil Guard shall, in the authorization itself, fix the maximum quantities of storage.

4. The storage of non-metallic cardboard and drive or fog cartridges, the powder load of which exceeds 0,3 grams higher than 5,000 units by entities or establishments other than those indicated in this article, shall be provided with the measures of citizen security, determined by the Central Intervention of Arms and Explosives.

Article 104. Loading and reloading of cardboard by private individuals.

1. For the loading or reloading of cardboard by private persons, one hundred units of pods with piston and one hundred pistons may be stored for a kilogram of gunpowder. For its storage, the safety measures set out in the ITC number 15 will be adopted, which will also be enforced for the recharging of non-metallic cardboard.

2. As regards the storage of cartridges, the sum of those charged or charged by individuals and those acquired from traders cannot exceed the limits laid down in Article 136.

Article 105. Pyrotechnic articles of categories T, P, use in festive manifestations and use in the navy.

1. The Government Delegations in the Autonomous Communities may authorize special stores with a maximum capacity of 15 kilograms net (NEC) for pyrotechnic articles of categories T1, T2, P1, P2, as well as those used in festive demonstrations and those intended for use in the navy, prior to the favourable report of the Functional Area of Industry and Energy and the Central Intervention of Arms and Explosives.

2. For permanent special storage of these higher capacity products, the provisions of this regulation for general government deposits must be complied with.

3. By way of derogation from the above paragraph, for duly justified temporary cases, the Government Delegate in the Autonomous Community may authorise, after report of the Functional Area of Industry and Energy and the Central Intervention of Arms and Explosives, special stores of greater capacity where they will store them prior to their use.

TITLE IV

Packaging

CHAPTER I

General rules

Article 106. Conditioning of regulated materials.

1. The materials and articles covered by this Regulation shall be properly conditioned for their best storage and storage.

2. Products purchased from third parties which are stored with their original packaging or packaging in accordance with the provisions in force in this respect shall keep the risk division allocated for their transport.

Bulk stored products will be attributed by default to Division 1.1.

All for the purposes of safety in its subsequent transport, in accordance with the provisions of the Recommendations concerning the transport of dangerous goods, Model Regulations, United Nations, and, failing that, in this title.

3. The packaging or packaging of such materials and articles shall be carried out unless otherwise approved by the competent authority.

Article 107. Packaging and packaging.

1.

the following definitions shall apply:

a) Envase, the container or holding enclosure intended to receive or contain regulated materials, objects, pyrotechnic products or cardboard.

(b) Packaging, the external protection with which, where appropriate, certain packaging is given.

2. Packaging may be external, in the case of packaging which is not packaging or protective, or internal, if it exists.

Article 108. Approval.

1. Any outer packaging or packaging must conform to a type of construction which is tested and approved in accordance with the provisions on packaging and packaging of the regulations concerning the transport of dangerous goods.

2. On the exterior of the outer packaging and packaging, the markings, durable and visible, must be marked, indicating their conformity to the type of design approved.

3. These packages and packaging will be applicable to the provisions of Law 11/1997 of 24 April, of Envases and Residues of Envases, where applicable, as well as its provisions for development.

Article 109. Mandatory phrases.

For each outer packaging or packaging of pyrotechnic articles, the phrases shall be printed at least in Spanish:

a) "Risk of explosion by shock, friction or fire".

b) " Protect from heat sources. Don't smoke. '

Article 110. Empty packaging and packaging.

Packaging and packaging of empty pyrotechnic products showing signs of containing hazardous waste must be well closed and, where appropriate, present the same conditions of tightness and bear the same hazard labels as if they were filled until the removal or inertisation of the product is carried out in accordance with the ITC number 12.

Article 111. Separation of dangerous goods.

Products covered by this Regulation may not be packaged or packaged in common with other dangerous goods or other goods which are not subject to the rules affecting those dangerous goods.

Article 112. Compliance with the rules.

If several dangerous goods are included in the same collective packaging or in the same container, the shipper will have to declare that this common packaging is not prohibited.

CHAPTER II

Tagged

Section 1-Labelling of pyrotechnic articles other than pyrotechnic articles for vehicles

Article 113. Guarantee of labelling.

1. Manufacturers, importers or distributors shall ensure that pyrotechnic articles other than pyrotechnic articles for vehicles to be placed on the market or made available to the public are duly labelled, legibly and indelibly, at least in Spanish.

2. This labelling will be clear, understandable and intelligible.

Article 114. Data to be included in the article, packaging and packaging.

1. On the labelling of pyrotechnic articles as defined in Article 113, at least:

A. Packaging:

(a) The name of the manufacturer, registered trade name or registered trademark.

b) The item name and type.

c) The corresponding category.

d) The record number of the item.

e) Net explosive content (NEC).

f) Marking and labelling required in the regulations for the transport of dangerous goods.

B. Article and package:

(a) The name of the manufacturer, registered trade name or registered trademark.

b) The postal address of the manufacturer. The address must indicate a single place where the manufacturer can be contacted.

(c) Where the manufacturer is not established in the Union, the name and address of the manufacturer, and the name and address of the importer.

d) The item name and type.

e) The record number of the item.

(f) The minimum age referred to in Article 121.

g) The corresponding category.

h) The instructions for use.

i) The year of production for the fireworks of categories F3 and F4.

j) If applicable, the minimum safety distance.

k) The number of the batch to which the item belongs.

l) Net explosive content (NEC).

It shall be taken as a reference for the format of the label to be determined in the harmonised standards for both individual and batch items.

2. In the case of pyrotechnics, the following information shall be included as a minimum and as appropriate:

a) Category F1: if applicable, "for exclusive use in the open air" and minimum safety distance.

b) Category F2: "for exclusive use in the open air" and, if applicable, minimum safety distance.

c) Category F3: "for exclusive outdoor use" and minimum safety distance.

d) Category F4: "to be used exclusively by experts" and minimum safety distance.

3. Pyrotechnic articles intended for use in theatres shall also contain, as a minimum and as appropriate, the following information:

(a) Category T1: if applicable, "for exclusive use in the open air" and minimum safety distance.

b) Category T2: "to be used exclusively by experts" and minimum safety distance.

4. If the pyrotechnic article does not have sufficient space for the labelling requirements referred to in the preceding paragraphs of this Article, the information shall be provided in the packaging unit.

5. If the pyrotechnic article has sufficient space for the labelling requirements referred to in the preceding paragraphs of this Article, these requirements shall appear equally on the packaging.

6. The provisions of this Article shall not apply to pyrotechnic articles which are presented at fairs, exhibitions and demonstrations for promotion, or which are manufactured for the purpose of research, development or experimentation, as provided for in Article 20 concerning exceptions to the CE marking.

7. Pyrotechnic devices manufactured by the manufacturer himself for his own use and intended for spectacles must be individually identified with the name of the manufacturer and must be demonstrated in them, which are intended exclusively for the manufacturer's own use. In addition, the outer packaging, packaging or packages of these devices which are the subject of transport within the national territory must have a generic label where at least the data of the holder, classes of pyrotechnics transported, net weights of the show and place of destination must be reflected.

Section 2. Labelling Of Pyrotechnic Articles for Vehicles

Article 115. Data to be shown on the labels.

1. The labelling of pyrotechnic articles for vehicles shall contain the following information

(a) The name of the manufacturer, registered trade name or registered trademark.

b) The postal address of the manufacturer. The address must indicate a single place where the manufacturer can be contacted, at least in Spanish.

(c) Where the manufacturer is not established in the Union, the name and address of the manufacturer, and the name and address of the importer.

d) The item name and type.

e) Record number.

f) The number of the batch to which the item belongs.

g) Safety instructions when required.

2. If the article does not have sufficient space for the labelling requirements referred to in the previous paragraph, the information shall be provided in the packaging of the article.

Article 116. Security data sheet.

1. A safety data sheet shall be provided to the professional user as set out in Article 31 and Annex II to Regulation (EC) No 1907/2006 of 18 December (REACH Regulation) and in the first provision of Royal Decree 1802/2008 of 3 November amending the Regulation on the notification of new substances and the classification, packaging and labelling of dangerous substances, approved by Royal Decree 363/1995 of 10 March 1995, in order to adapt its provisions to Regulation (EC) No 1907/2006 of the European Parliament and of the Council (REACH Regulation).

2. The safety data sheet shall be provided on paper or by electronic means, provided that the recipient has the means to access it.

Section 3. Information on packaging and packaging packaging

Article 117. Information.

The manufacturers shall ensure that the packaging and packaging of the cardboard that are to be sold or made available to the public contain the information referred to in ITC number 6.

TITLE V

Selling or Marketing

CHAPTER I

General conditions for pyrotechnic articles

Article 118. Holders of a deposit of pyrotechnic finished products.

1. The ownership of a deposit of pyrotechnic finished products shall entail the authorization of the sale or marketing of the products in storage (wholesale), as well as the occasional sale to the general public as provided for in ITC No 17.

2. By way of derogation from the preceding paragraph, the holders of a workshop or a warehouse of finished products may obtain the authorization for a sales establishment attached to their premises, as provided for in ITC No 17.

Article 119. Verification of the conditions of sale or marketing.

Prior to the dispatch of the wholesale order from the finished product warehouse, the buyer (manufacturer, distributor, retailer or expert holder of a finished product repository) must provide the seller with a copy of the authorization of the destination deposit or sale establishment where the merchandise subject to the transaction is to be stored.

Article 120. Minimum unit of sale or marketing.

The minimum unit of sale or marketing to the public, not expert, will be the packaging, prohibiting the sale of loose units outside it.

Article 121. Minimum ages for the marketing of pyrotechnic articles.

Pyrotechnic articles shall not be placed on the market for persons below the minimum ages listed below:

a) Fireworks:

i. Category F1: 12 years

ii. Category F2: 16 years

iii. Category F3: 18 years

(b) Other pyrotechnic articles and pyrotechnic articles intended for use in theatres: Categories T1 and P1: 18 years

Article 122. Marketing of pyrotechnic articles to experts, and other restrictions.

1. The following pyrotechnic articles may be placed on the market only by manufacturers, importers and distributors to experts and always from an authorised repository of finished products:

(a) Fireworks of category F4.

(b) pyrotechnic articles of category P2.

(c) pyrotechnic articles intended for use in theatres of category T2.

2. Other pyrotechnic articles of category P1 for vehicles, including airbags and suitor systems of safety belts, shall not be made available to the general public, except where they have been fitted to a vehicle or a removable part of a vehicle.

CHAPTER II

Sale or marketing to the public of pyrotechnic articles

cardboard

Article 123. Responsible for the sale or marketing to the public.

1. The sale or marketing of pyrotechnic articles to the public shall be carried out by natural or legal persons authorised in accordance with this Regulation, more specifically in ITC No 17.

2. Only products complying with this Regulation will be sold and supplied.

Article 124. Persons authorised for sale or marketing to the public of pyrotechnic articles.

1. Persons authorized for the sale or marketing to the public of pyrotechnic articles shall be understood to be those natural or legal persons who have an authorized establishment in the form and with the conditions established in ITC number 17 and those other persons who, lacking the aforementioned establishments, obtain an express authorization from the corresponding Government Delegate, prior to the report of the Functional Area of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard of the corresponding Command.

2. It is expressly prohibited to send products which have been sold to the public by correspondence, telephone or computer media. The delivery of the products will be made with the obligation of the buyer at the place of sale.

3. The necessary authorisations of premises for sale to the public shall be required at all times by the competent authority.

Article 125. Persons authorized for the sale and making available to the public of cardboard.

It is understood by persons authorized for the sale and making available to the public of cardboard those natural or legal persons who have a local authorized in the form and with the conditions established in the current Regulations of Arms and those other persons who, lacking the mentioned premises, obtain an express authorization from the Delegate of the corresponding Government, prior report of the Functional Area of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard of the Command that corresponds.

Article 126. Bans on marketing.

Sellers and pyrotechnic articles may refuse to market their products to those who clearly manifest that they may be under the influence of alcoholic beverages or narcotic substances.

CHAPTER III

Local for sale to the public of pyrotechnic articles

Article 127. Sale to the public of pyrotechnic articles.

1. The sale to the public of fireworks and pyrotechnic articles of category F1, F2, F3, T1, P1 and use in the navy may be carried out in permanent sales establishments, with or without an attached storage facility. The temporary sale of such pyrotechnics may also be made in mobile establishments and booths, with or without an attached storage facility, installed on the public road or on private property, as well as the occasional sale provided for in Article 118.

2. The pyrotechnics of category F1 of use permitted inside buildings, except for thunder of impact, may be sold in any commercial establishment after notification to the Intervention of Arms and Explosives of the Command where the establishment, in which the specific products must be indicated, provided the maximum quantity stored is less than or equal to 5 kilograms net (NEC). These products must have the corresponding CE marking, and be catalogued.

3. Pyrotechnic articles of use in the navy may also be sold in nautical premises or nautical articles establishments, without the sale of other pyrotechnic articles, and without complying with the provisions of ITC No 17. The maximum capacity shall be 15 kg net (NEC), in accordance with the procedure laid down in Article 105.

4. The street sale of pyrotechnic articles is expressly prohibited.

Article 128. Permanent establishments.

1. Permanent establishment for the sale or marketing to the public of pyrotechnic articles shall mean any establishment, closed with respect to the street, in which this activity is carried out, in the understanding of those who are part of a building, in which other activities are carried out, such as those isolated from other buildings. Establishments which are not closed to public roads shall not be regarded as permanent establishments.

2. The constructive and security conditions of the establishment of the permanent premises are developed in the ITC number 17.

Article 129. Temporary establishments.

1. Temporary establishment shall mean any portable building or cassette installed on the public road or on private property, on a non-permanent basis.

2. The sale or marketing to the public in M-type temporary establishments on the public road shall require the authorisation of a regulated finished product repository where the excess pyrotechnic articles of the daily sale shall be stored. This requirement shall not apply to temporary establishments type N, which complies with the requirements laid down in ITC No 17.

3. The constructive and security conditions of the temporary establishments are developed in the ITC number 17.

Article 130. Applications for the authorisation of permanent establishments for sale or marketing to the public of pyrotechnic articles.

Applications for the authorisation of permanent establishments selling pyrotechnic articles of categories F1, F2, F3, T1, P1 and use in the navy shall be addressed to the relevant Government Delegates as provided for in ITC No 17. These applications may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

Article 131. Applications for the authorisation of temporary establishments for the sale or placing on the market of pyrotechnic articles.

1. Any application for authorisation for the sale or placing on the market of pyrotechnic articles in temporary establishments shall be addressed to the Government Delegates concerned three months in advance at the start of the activity, with the provisions of ITC No 17. These applications may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

2. A request shall be made by the Government Delegate to the relevant City Council, in accordance with the characteristics of the establishment determined by the applicant. Likewise, reports will be requested from the provincial organ of the Industry and Energy Functional Area of the Government Delegation and the Arms and Explosives Intervention of the Civil Guard of the corresponding Command.

Article 132. Resolution of the approval of permanent or temporary establishments for sale or marketing to the public of pyrotechnic articles.

1. In the resolution authorising permanent or temporary establishments for the sale or marketing of pyrotechnic articles to the public, they shall contain at least the information provided for in ITC No 17.

2. The authorization of the Government Delegation will serve as a basis for the granting of the corresponding municipal licenses to exercise the specified activity, according to its specific processing.

3. The holder of an authorisation, whether natural or legal person, shall designate a person responsible, or several, for sale which shall be permanently in the permanent or temporary establishment for sale during the period of sale.

4. The authorisation must be available at all times at the place of sale.

Article 133. Modification of the conditions and characteristics of the initial project.

1. Any modification affecting the technical characteristics of the original project of establishments for sale to the public must be authorized by the Government Delegate.

2. These applications may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

3. Submitted a request for authorization of modification, previously to be resolved, the Government Delegate will request reports to the Functional Area of Industry and Energy and to the Intervention of Arms and Explosives of the Civil Guard of the corresponding Command.

Article 134. Records.

1. The owner of the premises for the sale of pyrotechnic articles by himself or by the person appointed by him shall be responsible for keeping the records of pyrotechnic articles. In the register, the entry and exit of regulated matter that has occurred on that working day must be recorded on a daily basis. Such records may be carried out by electronic, computer, or any other method suitable for achieving the objectives pursued, in the knowledge of the Intervention of Arms and Explosives of the Civil Guard that corresponds to the corresponding demarcation. The temporary establishments of type M, the control of which shall be carried out by means of daily letters, shall be exempt.

2. On a monthly basis, those responsible for the records shall present them for supervision in the Arms and Explosives Intervention of the Civil Guard, which, by any means, including the electronic ones, corresponds to the demarcation.

3. The records shall be in accordance with the ITC number 24.

4. For the sale of items of categories T1 and P1, the identification data of the buyer must be recorded in the National Identity Document, Foreign Identity Number, or equivalent identification document.

Article 135. Inspections.

1. At any time, inspections may be carried out by the competent authorities in the retail establishments.

2. For the purpose of carrying out these inspections, the Functional Areas of Industry and Energy may require the establishment of the establishment of the report of a contributing entity of the Administration.

3. If any authority finds that it has failed to comply with any rules in a field other than its jurisdiction, it shall inform the authority in which it falls, in accordance with the provisions of this Regulation.

4. The seizure of the stored items must be carried out by the competent authorities provided for in this Regulation, for duly justified reasons, such as the use of the CE marking, lack of safety instructions or excess of authorised material, as provided for in Title X.

CHAPTER IV

Sale and making available

the public of cardboard

Article 136. Acquisition of cardboard.

1. License holders for striped long guns will be able to acquire only up to 1,000 cartridges per year per weapon, presenting the membership guide and the National Identity Document (DNI), Identification Number of Foreigners (NIE) or any identity document. The seller shall perform the corresponding seats in the books of his establishment and shall give an account of the purchase, within the first five days of the month immediately following, to the Intervention of Arms and Explosives of the Civil Guard, as appropriate. In no case shall a number be greater than 200 cartridges.

2. The holders of a short-weapon license will only be able to acquire 100 cartridges per year, presenting the membership guide and the National Identity Document (DNI), Foreign Identification Number (NIE) or any document proving the identity, and the seller must perform the operations referred to in the previous paragraph. The number of cartridges that can be kept in a short-weapon tank shall not exceed 150.

3. By way of derogation from the foregoing paragraphs of this Article:

(a) The staff of the security firms and the rural guards may acquire the envelope cartridges, replacement of those used in the exercise of their specific tasks, regulatory shooting exercises and for obtaining type C licences, as laid down in the specific implementing rules. The authorizations for the purchase of cardboard will be issued by the Arms and Explosives Interventions of the corresponding Civil Guard Zones and will be valid for one year.

(b) The Police Corps, which is dependent on the Local Corporations, the bodies and bodies of which the staff is subject to regulations which are considered auxiliary to the maintenance of public security and the pursuit of crime, may acquire the necessary cartridges for the provision, implementation of the regulatory shooting exercises, and the practices of the formally constituted shooting teams. The authorization will be valid for one year and will be issued by the Arms and Explosives Intervention of the corresponding Civil Guard Zone.

c) Training Centers that wish to acquire the necessary card for the practices of their teaching activities, must be provided with a special permit issued by the Central Intervention of Arms and Explosives of the General Directorate of the Civil Guard, whose validity will be one year. A prerequisite for obtaining the said permit will be to have the security measures for the storage of the cardboard and the weapons duly approved by the Central Intervention of Arms and Explosives.

d) The personnel in possession of license F (in accordance with the provisions of the Regulations of Arms, approved by Royal Decree 137/1993, January 29), may acquire for their consumption an unlimited number of cartridges provided that it does so in the premises of the Federations and without it being able to remove them from the enclosure of these. The Federations or Shooting Clubs shall take the appropriate control measures to prevent such cartridges from being able to go outside, and must carry the Book Record set out in Annex III of the ITC No 24. The authorization will be valid for one year and will be issued to the Clubs or Federations for the Central Intervention of Arms and Explosives of the Directorate General of the Civil Guard. A prerequisite for obtaining the said permit will be to have the security measures for the storage of the cardboard duly approved by the Central Intervention of Arms and Explosives.

e) If the individual in possession of licenses A, B, D, E or F (in accordance with the provisions of the Regulations of Arms, approved by Royal Decree 137/1993, of January 29), will wish to acquire greater quantity of cartridges than the quotas established above, must be provided with a special permit issued by the Intervention of Arms and Explosives of the corresponding Zone of the Civil Guard, requested through the territorial intervention, whose validity will be one year.

f) The maximum number of cartridges that can be authorized to a particular individual in each authorization may not exceed 10,000 of the caliber 22 and 5,000 in total for the rest of the calibers. Once justified, new quantities may be authorised.

4. An unlimited number of non-metallic hunting cartridges may be purchased, with the corresponding membership guide, license, weapons authorization or, in the absence of the previous ones, the National Identity Document (DNI), Foreign Identification Number (NIE) or any identity document, and making the seats in the books of the seller establishment. In no case can a number exceed 5,000 units of this type of cartridges.

5. Prior to the authorization of the Arms and Explosives Intervention, the holders of the Book of Arms Collector, with sufficient security measures, will be able to collect cardboard of any kind or class with the following conditions:

(a) Only up to five cartridges of each class, caliber, mark and year of manufacture may be possessed. Cartridges considered to be of war of greater than 12,7 mm must be totally deactivated and free of all regulated matter.

(b) Annually, whenever there has been variation, a list of the cartridges which are held according to the model of the Arms and Explosives Intervention shall be presented, which shall keep a copy and seal the original.

c) Cartridges of authorized dealers or other authorized collectors may be purchased only.

TITLE VI

Market Control

CHAPTER I

General provisions

Article 137. Competition for the realization of market control.

1. The purpose of market control is to take the necessary measures, in addition to those laid down in other titles of this regulation, to ensure that pyrotechnic articles and cardboard are placed on the market only if, having been properly stored and used for the intended purpose, they do not pose a danger to the health or safety of persons.

2. The market control will be the responsibility of the Directorate General for Energy Policy and Mines. This Directorate-General will be able to implement the tasks of market control through the Functional Areas of Industry and Energy of the Government Delegations and entrust it to the administration's collaborating entities duly authorized in accordance with the provisions of this regulation.

3. Market control shall be carried out on a regular basis by means of inspections of the products at their places of entry into the territory of the Community, of manufacture, storage and sale.

4. Article 15 (3) and Articles 16 to 29 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 shall apply to pyrotechnic articles.

CHAPTER II

pyrotechnic articles

Article 138. Product safety.

1. The market control in the field of application of this Regulation consists in the carrying out of systematic inspections of the product and its labelling, as well as the verification of compliance with the essential safety requirements.

2. Market control implies:

a) The implementation of inspection and control campaigns, for monitoring compliance with the regulations.

(b) In the case of pyrotechnic articles provided with a CE marking and used for the intended purpose, the provisional measures necessary to locate, immobilize and withdraw from the market, where appropriate, products which may pose a risk to health or safety, may be taken. In addition, the marketing of these products may be prohibited or their free movement restricted.

(c) The provisional measures taken in accordance with the previous paragraph shall be brought to the attention of the European Commission.

3. The Directorate-General for Energy Policy and Mines shall determine the examinations or analyses to which the samples shall be submitted, taking due account of the presumption of conformity of the CE marked products.

4. The Directorate-General for Energy Policy and Mines will report annually to the European Commission on its market control activities.

5. Where the Directorate-General for Energy Policy and Mines has sufficient grounds to believe that a pyrotechnic article poses a risk to the health or safety of persons or other aspects of the protection of the public interest pursuant to Directive 2013 /29/EU, it shall carry out an assessment in relation to the pyrotechnic article concerned on the basis of all the relevant requirements laid down in that Directive. To this end, the relevant economic operators shall cooperate on the basis of needs with that competent authority.

When, in the course of the assessment referred to in the preceding paragraph, the Directorate-General for Energy Policy and Mines finds that the pyrotechnic article does not meet the requirements laid down in that Directive, it shall without delay request the relevant economic operator to take all appropriate corrective measures to adapt the pyrotechnic article to those requirements, to withdraw it from the market or to recall it within a reasonable time, proportionate to the nature of the risk, which they prescribe.

The Directorate-General for Energy Policy and Mines will inform the relevant notified body accordingly.

Article 21 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 shall apply to the measures referred to in the second subparagraph of this point.

6. Where the Directorate-General for Energy Policy and Mines considers that the non-compliance is not limited to the national territory, it shall inform the Commission and the other Member States of the results of the assessment and of the measures they have requested from the economic operator to take.

7. The economic operator shall ensure that all relevant corrective measures are taken in respect of all pyrotechnic articles which it has placed on the market throughout the Union.

8. If the relevant economic operator does not take appropriate corrective action within the time limit referred to in point 5, the Directorate-General for Energy Policy and Mines shall take all appropriate provisional measures to prohibit or restrict the placing on the market of pyrotechnic articles on the domestic market, to withdraw it or to recall it.

The Directorate-General for Energy Policy and Mines shall without delay inform the Commission and the other Member States of such measures.

9. The information referred to in point 8 shall include all available details, in particular the data necessary for the identification of the non-compliant pyrotechnic article, the origin of the pyrotechnic article, the nature of the alleged non-compliance and the risk involved, and the nature and duration of the national measures taken, as well as the arguments put forward by the relevant economic operator. In particular, the Directorate-General for Energy Policy and Mines shall indicate whether the non-compliance is due to one of the following reasons:

(a) The pyrotechnic article does not meet the requirements related to the health or safety of persons or to other aspects of the protection of the public interest pursuant to Directive 2013 /29/EU.

(b) There are shortcomings in harmonised standards which attribute a presumption of conformity.

10. Member States other than the Member State which initiated the procedure in accordance with this Article shall without delay inform the Commission and the other Member States of any measure they adopt and of any additional information concerning the non-conformity of the pyrotechnic article concerned which they have at their disposal and, in the event of disagreement with the national measure adopted, shall raise their objections.

11. If, within three months of receipt of the information referred to in point 8, no Member State or the Commission has any objection to an interim measure taken by a Member State, the measure shall be deemed to be justified.

12. Member States shall ensure that appropriate provisional measures are taken without delay in respect of the pyrotechnic article concerned, such as the withdrawal from the market of the pyrotechnic article.

13. If, upon completion of the procedure laid down in points 7 and 8, objections are raised against measures taken by a Member State, or if the Commission considers that such measures are contrary to Union legislation, the Commission shall without delay consult the Member States and the relevant economic operator or operators and shall evaluate the national measure. On the basis of the results of the assessment, the Commission shall adopt an implementing act determining whether the national measure is justified or not.

The Commission shall immediately communicate its decision to all Member States and to the relevant operator or economic operators.

14. If the national measure is considered justified, all Member States shall take the necessary measures to ensure that the non-compliant pyrotechnic article is withdrawn from their national markets and shall inform the Commission thereof. If the national measure is not considered justified, the Member State concerned shall withdraw it.

15. Where the national measure is considered justified and the non-conformity of the pyrotechnic article is attributed to a deficiency of the harmonised standards referred to in point 9 (b), the Commission shall apply the procedure laid down in Article 11 of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012.

16. Without prejudice to the above points, if the Directorate-General for Energy Policy and Mines finds one of the following situations, it shall ask the relevant economic operator to remedy the lack of conformity in question:

(a) The CE marking has been affixed in violation of Article 30 of Regulation (EC) No 765/2008 or Article 19.

b) CE marking has not been placed;

(c) The identification number of the notified body has been placed, where the notified body is involved in the production control phase, in breach of Article 19 or has not been placed;

d) The EU declaration of conformity has not been established.

e) The EU declaration of compliance was not set correctly.

f) The technical documentation is not available or incomplete.

g) The information referred to in Articles 114 or 115, missing, false or incomplete;

h) Any other administrative requirements set out in Articles 5.1 or 5.2 are not met.

17. If the lack of conformity referred to in point 16 persists, the Directorate-General for Energy Policy and Mines shall take appropriate measures to restrict or prohibit the placing on the market of the pyrotechnic article or to ensure that it is recovered or withdrawn from the market.

Article 139. Compliant products presenting a risk to health or safety.

1. If, after carrying out an assessment pursuant to Article 138, the Directorate-General for Energy Policy and Mines finds that a pyrotechnic article, although in accordance with Directive 2013 /29/EU, presents a risk to the health or safety of persons or other aspects of public interest protection, it shall ask the relevant economic operator to take all appropriate measures to ensure that the pyrotechnic article concerned does not present such a risk when it is placed on the market or to withdraw it or recall it within a reasonable period of time, proportional to the nature of the risk, to be determined.

2. The economic operator shall ensure that the necessary corrective measures are taken in respect of all the pyrotechnic articles concerned which it has placed on the market throughout the Union.

3. The Directorate-General for Energy Policy and Mines shall immediately inform the Commission and the other Member States thereof. The information provided shall include all available details, in particular the data necessary to identify the pyrotechnic article in question and determine its origin, the supply chain, the nature of the risk involved and the nature and duration of the national measures taken.

4. The Commission shall without delay consult the Member States and the economic operator or operators concerned and shall evaluate the national measure. On the basis of the results of the assessment, it shall adopt a decision by means of implementing acts indicating whether the national measure is justified and, where appropriate, propose appropriate measures.

For duly justified imperative grounds of urgency relating to the protection of the health and safety of persons, the Commission shall adopt implementing acts of immediate application.

5. The Commission shall immediately communicate its decision to all Member States and to the relevant operator or economic operators.

CHAPTER III

Cartheria

Article 140. Product safety.

The correspondence between the product placed on the market and the prototype of a cartridge in accordance with the provisions of the Convention of 1 July 1969 for the reciprocal recognition of the handfuls of firearms tests, must be accredited at the request of the Directorate General of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, who will determine the examinations and analyses to which the samples will be submitted, in accordance with the provisions of this regulation. In the case of a card not in accordance with the provisions of the said Convention, the provisional measures necessary to locate, immobilize and withdraw products which may pose a risk to health or safety may be taken. In addition, the placing on the market of these products or restricting their free movement may be prohibited.

TITLE VII

Using pyrotechnic articles

Article 141. Pyrotechnic articles of categories F1, F2, F3, T1, P1 and marina.

1. The pyrotechnic articles of categories F1, F2, F3, T1, P1 and marina shall be handled and used in accordance with their intended purpose and the instructions for the use of each of them, without prejudice to Article 121, to ITC number 18 and to the additional provision sixth of the royal decree under which this regulation of pyrotechnic articles and cardboard is approved.

2. By way of derogation from the above paragraph, the use of articles of categories F1 and F2 to children under 12 and 16 respectively and of categories F3, T1 and P1 to children under 18 years of age is prohibited. This is without prejudice to the provisions of the sixth provision of the royal decree under which this regulation of pyrotechnic articles and cardboard is adopted.

3. In addition, the mechanisation of pyrotechnic devices of categories F1, F2, F3, T1 and P1 is prohibited, except in the case of being performed by experts, as well as the initiation by electrical system of the articles of categories F1, F2 and F3, and the incorporation by individuals of an electrical system for the initiation of articles of categories T1 and P1. These products must be used individually as they are purchased and have been placed on the market.

4. Similarly, no more than 10 kg net (NEC) of pyrotechnic articles of categories F1, F2, F3, T1 and P1 may be stored in particular homes.

5. The use in spectacles of pyrotechnic articles of categories F1, F2, F3, T1 and P1 which as a whole exceed 10 kilograms of NEC shall be subject to the requirements of ITC No 8, and may therefore only be carried out by companies holding a preparation and assembly workshop under the requirements laid down in Article 142.

Article 142. Pyrotechnic articles of categories F4, T2 and P2.

1. Pyrotechnic articles of categories F4, T2 and P2 shall be handled and used in accordance with the provisions of ITC No 8.

2. Only the companies holding a preparation and assembly workshop may perform pyrotechnic spectacles, which shall also have one or more experts in their staff.

3. For the handling and use of these articles, it must be in possession of the meat or certificate of expert described in Technical Specifications 8.01, 8.02 and 8.03, according to the models set out in ITC number 25.

Article 143. Use of pyrotechnic devices not placed on the market.

pyrotechnic articles not placed on the market, with the exception of articles manufactured by the manufacturer for their own use, shall be handled and used in accordance with the provisions of the ITC number 18.

TITLE VIII

Import, export, transit, and transfer

CHAPTER I

General rules

Article 144. Circulation.

1. The import, export, transit and transfer of pyrotechnic articles and cardboard will be in accordance with the provisions of this title and the international conventions signed by Spain, with observance, in any case, of the provisions of the customs legislation. However, it will be applicable to the provisions of Royal Decree 679/2014 of 1 August 2014 approving the Regulation on the control of the external trade in defence equipment, other material and dual-use products and technologies, and in Council Regulation (EC) No 428/2009 of 5 May 2009 establishing a Community system for the control of exports, the transfer, brokering and transit of dual-use products.

2. In addition to the specific provisions laid down in this Title, the introduction of pyrotechnic articles and cardboard in Spanish territory shall apply to them in Titles I, III, IV, VI and IX. In particular, the competent authorities shall ensure compliance with the rules on transport, packaging and packaging contained in this Regulation. The safety instructions, the necessary authorisations and the mandatory marking on products, where appropriate, and on packaging and packaging shall be at least in Spanish.

3. Where the authorities referred to in Article 2 are to carry out a check on regulated articles which are under surveillance or customs control, they shall notify the competent customs authority of their performance prior to that.

Article 145. Regulatory deposit.

1. Without prejudice to Article 38.1 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, pyrotechnic articles and paperboard shall be stored in warehouses which are regulated in accordance with Title III of this Regulation, provided for in advance by the supplier or the recipient, and communicated in due time to the Central Intervention of Arms and Explosives of the Civil Guard.

2. Pyrotechnic articles or cardboard articles without Union status which were abandoned in favour of the Public Finance or which were seized shall be delivered to the relevant Government Delegation. Articles without Union status which were not destroyed, prior to their use, disposal or transmission shall be the subject of customs clearance. In case of a war card the merchandise will be delivered to the Ministry of Defense.

CHAPTER II

Import

Article 146. Official registration of importers.

1. The natural or legal persons intending to carry out the activity of importing pyrotechnic articles or cardboard must request, with prior character, their registration in the Official Register of importers of fireworks and cardboard to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism. These applications may be submitted electronically, with an electronic certificate, at the electronic headquarters of the Ministry of Industry, Energy and Tourism.

2. Such registration shall be conditional upon the justification of the technical training for the activity intended to be carried out, the availability of deposits of approved finished products and the opening of a policy of civil liability to cover the one that in each case may correspond to the importer for any type of risk of the imported products.

Article 147. Previous permit for movement.

1. The importation of pyrotechnic and cardboard devices regulated in this regulation from countries other than Member States of the European Union will be subject to the general regime that at each moment regulates the activity and will also need to have a prior movement permit granted by the Ministry of Interior, through the Central Intervention of Arms and Explosives of the Civil Guard, and, prior to the favorable report of the Permanent Inter-Ministerial Commission of Arms and Explosives.

2. The administrative leave provided for in the previous paragraph, which shall be valid for six months, shall accompany the products during their transport by Spanish territory to their destination.

3. The application for the prior movement permit shall be made reference, at least, to the data listed in Articles 162 and 164, as well as the place of authorised storage and the point of entry into national territory. The importer may not make the goods another use than that for which he has been expressly authorised, in accordance with this Regulation.

Article 148. Exemptions.

1. The "Cartucheria" regulated in Royal Decree 679/2014 of 1 August, approving the regulation of control of the foreign trade of defense material, of other material and of products and technologies of double use, is exempted from the provisions of this title, governed by the provisions of that regulation.

2. The imports of pyrotechnic articles and cardboard that the Ministries of Defense and Interior carry out for their use and are the object of transport and storage by means of their own are exempt from the provisions of this title, although they must be previously communicated to the Department of Customs and Excise of the State Agency of Tax Administration by electronic means and to the Central Intervention of Arms and Explosives of the Civil Guard.

Article 149. Circulation guide for metal cardboard and customs control.

1. Having obtained the permit referred to in Article 147, the consignor shall extend the consignment note and the importer shall complete the movement guide and attach the said licence. The Intervention of Arms and Explosives of the Customs Customs will authorize the circulation guide and will communicate the import carried out to the Central Intervention of Arms and Explosives of the Civil Guard.

2. The authorization of the requested customs destination shall be conditional upon the presentation of the prior movement permit. Once such authorization has been carried out, the Intervention of Arms and Explosives competent in relation to the place in which the articles are deposited shall communicate the import carried out to the Central Intervention of Arms and Explosives of the Civil Guard.

CHAPTER III

Export

Article 150. Export authorization.

1. The export of cardboard to countries other than the Member States of the European Union, shall be subject to the general regime which at any time regulates the activity and will need to be authorized in accordance with the provisions of the Regulation on the control of the foreign trade in defense material, other material and dual-use products and technologies, approved by Royal Decree 679/2014 of 1 August.

2. The competent authority shall issue the export administrative authorization referred to in the preceding paragraph of this Article, from which it shall forward the original to the data subject, and copy it to the Central Intervention of Arms and Explosives of the Civil Guard.

3. The exports of cartchery carried out by the Ministry of Defence in the exercise of its powers, using its own means of transport and storage, should be governed by the Regulation on the control of the external trade in defence equipment, other material and dual-use products and technologies, approved by Royal Decree 679/2014 of 1 August, and by the other rules which, in each case, are applicable. In contrast, the exports of cartchery carried out by the Ministry of Defense in the exercise of its powers, using private means for transport and storage, are subject to compliance with the provisions of the previous paragraph of this article.

CHAPTER IV

Transit

Article 151. Authorization of transit from non-Community origin.

1. The transit through national territory as well as by waters and airspace in which Spain exercises sovereignty, sovereign right or jurisdiction, of the products regulated in this regulation from non-member countries of the European Union will need to be subject to prior authorization and will be subject to the condition that it is fixed in it.

2. No authorisation shall be granted if the applicant does not reside, has no open branch or has no designated representative on the territory of the European Union responsible for transit.

Article 152. Application for transit authorisation from non-Community origin.

1. The authorization shall be requested from the Ministry of Foreign Affairs and Cooperation, at least 5 working days in advance, stating in the application:

a) Sender, consignee and responsible person in Spain of the expedition. Places of origin and destination.

(b) Classes of subject matter of the issue, indicating the national and international complete identification of each product.

c) Gross, net and explosive net content (NEC) of each class of products and number of packages or packages in which they are shipped.

d) Characteristics of packaging and packaging, including intermediate containers, if they exist.

(e) Customs of entry and exit from Spain, and the planned itinerary, with indication of the technical stops which, if any, are deemed necessary and the emergency storage provided, if any.

f) Means of transport and their characteristics, identified by their registration number or their container number and identifying data of the effective carrier that will carry out the transport.

2. The application shall be accompanied by a copy of the documentation to be issued by the country of origin.

Article 153. Competence of the Ministry of Foreign Affairs and Cooperation.

1. The Ministry of Foreign Affairs and Cooperation shall give an account of the request to the Ministries of Industry, Energy and Tourism, of Defense, and of Promotion, as well as to the Department of Customs and Excise of the State Agency of Tax Administration, by electronic means, and to the Central Intervention of Arms and Explosives of the Civil Guard, in sufficient time, which may not be less than 2 working days from the date planned for the realization of transit, in order to be able to formulate the observations or to have the services that they consider necessary.

2. Where appropriate, the Ministry of Foreign Affairs and Cooperation shall grant the appropriate authorization, in which the condition to which the issue is submitted shall be determined in transit, and must be transferred to all the bodies indicated. The communication to the Customs and Excise Department will be conducted electronically. The customs authorities shall only authorise a transhipment or a customs destination where the goods for which the goods are requested have the indicated authorisation.

Article 154. Authorization of transit of Community origin.

The transit through national territory as well as by waters and airspace in which Spain exercises sovereignty, sovereign right or jurisdiction of the products regulated in this Regulation coming from member countries of the European Union, regardless of its final destination, will need to be subject to prior authorization and will be subject to the condition that it is fixed in it.

Article 155. Application for a transit authorisation of Community origin.

1. The authorization of transit of Community origin shall be requested from the Central Intervention of Arms and Explosives of the Civil Guard, with a minimum advance of 5 working days, making the data listed in Article 152 in the application.

2. Prior to the report of the Directorate General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, the Central Intervention of Arms and Explosives of the Civil Guard, after the examination of the documentation presented and the information provided, and in particular of the conditions in which the transit will take place, will approve the realization of this, if the citizen security is guaranteed.

Article 156. Competence of the Central Intervention of Arms and Explosives.

The Central Intervention of Arms and Explosives will account for the authorizations issued to the Civil Guard Commanders, where the entry and exit points of the national territory of the traffic in question are framed, in order to carry out as many controls as possible to guarantee the maintenance of citizen security.

Article 157. Conditioning of the regulated materials.

In the event that the transit is carried out by land and there is provision for any detention or permanence in Spanish territory, the regulated materials must be conditioned to allow them to be easily sealed.

Article 158. Security measures.

1. The Directorate General of the Civil Guard will verify that appropriate measures are taken for the proper security of transit, according to the means of transport to be used and the importance of the goods.

2. If, due to the failure of the means of transport or any other unforeseen cause, the transit cannot be carried out in accordance with the terms of the authorization granted, the person responsible for the transit shall immediately place the facts in the knowledge of the Civil Guard, which shall communicate them to the Government Delegate in the Autonomous Community, for the purpose of taking the measures deemed appropriate.

3. Where the transit procedure causes expenses, including those of the escort staff and the custody of the expedition, the payment of the corresponding fee, in the amount and form that are legally determined, shall be the responsibility of the person requesting the authorization.

CHAPTER V

Transfer

Article 159. General provisions.

1. For the purposes of this Chapter, transfer shall mean any physical movement of the regulated products within the territory of the European Union, with the exception of displacements in the same State.

2. Only products regulated between Spain and any other Member State of the European Union and circulated by Spain from the Union may be transferred in accordance with the provisions of national legislation and in this chapter.

3. Prior to the transfer of regulated products, it shall be verified by the competent authorities that the general safety and public safety and security requirements laid down in this Regulation are met.

4. The provisions of this Chapter shall not apply to pyrotechnic articles and ammunition intended for use by the Armed Forces or the State Security Forces and Corps in accordance with current legislation, provided that they use their own means for their transport and storage.

5. The checks to be carried out, in the case of transfers covered by this Chapter, may not be carried out in respect of border controls but within the framework of the ordinary controls applied in the national territory.

6. Apart from the checks which may be necessary in accordance with the legislation in force, the recipients and suppliers of the transfer products shall communicate to the competent authorities any information which they have and which they require because it may be useful for the purpose of ensuring the security of transfers.

Section 1. Pyrotechnic Articles Transfer

Article 160. Free movement.

Provided that the provisions of this Regulation are complied with, it shall not be possible to prohibit, restrict or impede the placing on the market of pyrotechnic articles, without prejudice to the rules applicable to the granting of authorizations to manufacturers, distributors and importers.

This regulation will not prevent the Ministry of Industry, Energy and Tourism, for reasons of public order, public safety, public health or environmental protection, from adopting measures that prohibit or restrict the possession, use and/or sale to the public of pyrotechnic articles of categories F2 and F3, of pyrotechnic articles intended for use in theaters and other pyrotechnic articles.

Article 161. Direct transfer.

1. Where a transfer of pyrotechnic articles from Spain to another Member State of the European Union is planned, the person concerned shall request authorisation of the operation to the Central Intervention of Arms and Explosives of the Civil Guard, specifying:

a) Name and address of the seller and buyer.

b) Address of the place to which the merchandise will be shipped.

c) Detail of the pyrotechnic articles that integrate the shipment.

d) Transfer medium.

e) Expected departure and arrival dates.

2. The Central Intervention of Arms and Explosives shall issue an authorization whose validity shall be six months.

Article 162. Reverse transfer.

1. In the case of a transfer of pyrotechnic articles to Spain from any other Member State of the European Union, the consignee shall request authorisation from the Central Arms and Explosives Intervention of the Civil Guard including the following data:

(a) The name and address of the supplier and the recipient, data which must be sufficiently precise to enable them to be contacted, at all times, with the parties concerned and to ensure that they are both officially entitled to act as such. The authorised storage or storage shall be indicated as the final destination of the pyrotechnic articles.

(b) The types, classes and quantities of pyrotechnic articles intended to be transferred and their registration numbers.

c) The means of transport and the itinerary to be followed in Spain, including the origin and the place of destination.

d) The expected source and arrival departure dates.

2. The Central Intervention of Arms and Explosives shall verify that the consignee is legally authorized to acquire, use or store the pyrotechnic articles, for having the necessary licenses and authorizations, and, prior to the favorable report of the Permanent Inter-Ministerial Commission of Arms and Explosives, will authorize, if appropriate, the transfer by issuing to the interested party the corresponding document of authorization, whose validity will be six months.

3. Such transfer authorisation shall accompany pyrotechnic articles from their entry into Spain to the intended point of destination, and should be submitted whenever the competent authorities so require.

Section 2. Third Cartboard Transfer

Article 163. Direct transfer.

1. When a transfer of the card from Spain to another Member State of the European Union is planned, the person concerned shall apply for authorisation to the Central Intervention of Arms and Explosives of the Civil Guard, providing the following information:

(a) The name and address of the seller and the buyer and, where applicable, the owner.

b) Nationality of the above.

c) The address of the place to which the card will be sent or transported.

d) The number of cartridges that integrate the shipment or transport.

e) The transfer media.

f) The expected departure and arrival dates.

2. The information referred to in paragraphs (e) and (f) above shall not need to be communicated in cases of transfer between armers, including manufacturers.

3. If the Central Intervention of Arms and Explosives authorises the transfer, it shall issue a permit, valid for six months, in which all the data referred to in paragraph 1 shall be entered. This permit must accompany the card until its destination and must be submitted at the request of the competent authorities. Its content must be communicated to the country of destination and, where appropriate, to the transit countries.

Article 164. Reverse transfer.

1. In the case of a transfer of the goods from another Member State of the European Union to Spain, the supplier or the consignee, before the goods are dispatched, shall submit the transfer permit issued by the authorities of the State of origin and shall request the authorization corresponding to the Central Intervention of Arms and Explosives of the Civil Guard. The application shall provide the data listed in Article 163.1, indicating, in addition, the storage or storage authorised as final destination of the card and having passed the corresponding checks in accordance with the requirements of the Convention. The Central Intervention Agency shall issue a prior authorisation of transfer with a validity of six months.

2. Such authorization must accompany the card during its circulation by national territory, together with the corresponding movement guide in the case of metallic cardboard, and in any case, the transfer, the operation to the Intervention of Arms and Explosives of the Civil Guard that corresponds, to the place of destination will be notified.

Article 165. Other transfers.

It may be granted to the holders of armerias the right to make transfers of cartcheria to armerias established in another Member State of the European Union without the need for the authorisation referred to in Article 163. To this end, the Central Intervention of Arms and Explosives of the Civil Guard shall issue a valid authorization for a maximum period of three years which may be suspended or cancelled at any time by means of a reasoned decision. A copy of this communication, which is endorsed by the Central Intervention of Arms and Explosives, which shall be submitted at the request of the competent authorities, shall accompany the transfer of the card to its destination. Prior to the transfer, the holders of the armerias shall communicate to the Central Intervention of Arms and Explosives of the Civil Guard all the information referred to in Article 163 (1).

TITLE IX

Transport

CHAPTER I

General rules

Article 166. Regulation.

1. The transport of pyrotechnic articles and cardboard shall be governed by the provisions of the regulations in force for the relevant means of transport and, failing that, by the requirements laid down in this Title.

2. The transport of waste of pyrotechnic articles and of cardboard shall be governed by the rules for the transport of waste and, where appropriate, the transport of hazardous waste in force, in particular the provisions of Law 22/2011 of 28 July on contaminated waste and soils and their development provisions.

Article 167. General rules.

1. For the purposes of this Title, the transport, loading, unloading and handling operations, as well as the means used in those operations, shall be included in the field of transport.

2. They may be transported together with passengers, except in the case of collective passenger transport, up to 100 metal cartridges and 300 non-metal hunting cartridges or similar cartridges for each user.

The above effects are considered to be a collective passenger transport that carries passengers in numbers greater than nine including the driver.

3. The following may be transported in particular fireworks of categories F1, F2, F3, T1, P1, use in the navy and intended for use in ITC number 18, up to a total of 15 kilograms net (NEC). The quantities of cardboard as described in Article 136 as authorised storage may also be transported in each individual vehicle, i.e. up to 150 metal cartridges for short-arms, 200 for long-gun and up to 5,000 for non-metallic cardboard. For participation in sports competitions, the transport of a larger quantity of cartridges may be permitted, subject to authorization of the Intervention of Arms and Explosives of the corresponding Civil Guard Zone.

4. Individuals who are authorised for the charging of metal cardboard may carry up to 1 kg of powder by means of their own. This shall also apply to those engaged in the non-metallic cartchery reloading activity and to the holders of the special authorisation under Article 107 of the Arms Regulation, provided that they have at least one advanced weapon.

5. The armers, approved in accordance with Article 10 of the Arms Regulation, may also carry, by their own means or through a transport undertaking, up to a maximum of 1 kg of powder.

6. Smoking, using electronic cigarettes or any other similar device, carrying matches or any other flame-producing device, substances which may be inflamed, firearms and ammunition, shall be prohibited during the operations covered by the transport of regulated materials, except for the regulatory armament corresponding to those responsible for transport.

7. The loading, unloading and handling operations necessary for the use of pyrotechnic products are permitted within the population in which such use takes place, if adequate means of lighting are available, to be carried out at night.

Article 168. Inspection.

At all times, the regulated products will be subject to the inspection of the authority and, in the case of metal cardboard in excess of 5,000 units and more than 12,000 units in the case of the 22 gauge and safety fuse for use in pyrotechnics under conditions different from those indicated in the ITC number 11, under the protection of regulated guards, according to the provisions of the aforementioned ITC.

Article 169. Equipment for loading and unloading products.

Work equipment used in the loading and unloading of regulated products must comply with the legal requirements and provisions applicable to them.

Article 170. Documentation required.

1. The transport of regulated products must be covered by the documentation required by the regulations applicable to the means of transport used and by which, where appropriate, this regulation is required to permit its movement.

2. This documentation must accompany the expedition throughout its journey. The consignee shall receive it when the goods are carried out, and must be kept for three years at the disposal of the competent authority.

CHAPTER II

Metal Carpithery Guide

Article 171. Documentation required.

1. The transport of metallic cardboard between two points of the national territory will require, in addition to the requirements of the transport regulations, the following documentation:

a) Guide to Circulation, authorized by the Intervention of Arms and Explosives of the Civil Guard from the point of origin of the expedition.

b) Letter of Porte or equivalent document.

2. As many Circulation Guides will be extended as different orders will comprise an expedition.

3. No Circulation Guide shall be required for the carriage of metal, gunpowder or pistons when it is carried out in person by holders of arms licences or with the authorisation of reloading of cardboard or collector's, within the limits set out in Articles 104 and 136. It shall also not apply to the carriage of gunpowder in Article 167 (4) and (5).

Article 172. Circulation guide.

The Circulation Guide is the document that protects the movement of metallic cardboard between two points of the national territory and at all times must accompany its transport. Their granting may be conditional upon compliance with the citizens ' security measures in accordance with the rules established for this purpose in ITC number 11.

The Circulation Guides of the metal cardboard shall be adjusted as to the content model and format to the provisions of Annex III of the ITC number 11.

The circulation guides for metal cardboard that will cover the transportation of these goods will be submitted for approval, with a minimum advance of 48 hours before the start of the transportation, in the Arms and Explosives Intervention of the Civil Guard that corresponds to the corresponding demarcation.

In any case, the consignee shall communicate to the Intervention of Arms and Explosives of the Civil Guard that, as appropriate, the reception of the expedition within 48 hours after the event has taken place, presenting the Guide of Movement received from the carrier or responsible for the expedition.

CHAPTER III

Road transport

Article 173. Regulation.

The road transport of the regulated products made entirely in Spanish territory will be in accordance with the provisions of Royal Decree 97/2014 of 14 February, which regulates the transport operations of dangerous goods by road in Spanish territory. The rules laid down by the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), which are in force, must be complied with.

The transport of metal cardboard in excess of 5,000 units, and more than 12,000 in the case of the 22 gauge, as well as of safety wick for manufacture of pyrotechnic articles, provided that the transport of the material is cut in pieces that do not exceed 45 centimeters of length and the quantity of regulated net matter transported is equal to or greater than 450 kilograms, also will be of application the provisions of the ITC number 11, as well as in the regulations of Private Security.

Article 174. Competence.

Competition in the subjects covered by this chapter will correspond to the following Departments:

1. To the Ministry of the Interior, with regard to the rules for the movement, driving and monitoring of vehicles and, in particular, in relation to the regulation of places of loading and unloading, and of parking, itineraries and timetables to be adjusted for road transport, in urban areas and population centres, and the system of transport surveillance.

2. To the Ministry of Public Works, without prejudice to the powers conferred on the Autonomous Communities by virtue of the provisions of the Organic Law 5/1987, of 30 June, on the Delegation of State faculties in the Autonomous Communities in relation to road and cable transport, with respect to the transport documentation (Carta de Porte), flags, labels and signs of vehicles as well as the control and monitoring of their compliance in coordination with the Ministry of the Interior, to the authorizations to carry out transport, with the fixing of itineraries if it were necessary, coordinating them in advance with the competent authorities in the field of traffic, to the limitation of the quantities transported per unit of transport in relation to their characteristics and condition, conditioning and stowage of the cargo, to the related with the use of the infrastructures in charge of the Department where the transport and the admission, storage and handling in the area of services of the ports and airports discurra.

3. To the Ministry of Industry, Energy and Tourism, in respect of the technical characteristics of the vehicles and containers used in the transport and the periodic tests or inspections to be submitted and the classification and compatibility of the regulated materials.

Article 175. Stops.

1. It will be avoided as far as possible to carry out unplanned stops, as well as to pass through towns and pass through areas of high traffic density, and must in any case comply with the rules and routes of dangerous goods.

2. In the event of a breakdown by fault, accident or any other cause which rationally makes a prolonged parking lot of the vehicle different from the needs of the service, the precautionary measures which are deemed necessary in the light of the circumstances of the place and the nature of the substances transported shall be taken, giving immediate account to the post of the nearest Civil Guard.

Article 176. General provisions.

1. Driving and auxiliary staff shall be prohibited from opening packages containing regulated substances unless they are required by the competent authority concerned.

2. Except in cases where the use of the engine for the operation of pumps and other mechanisms enabling or facilitating the loading or unloading of the vehicle is authorised, the engine shall be stationary when carrying out such operations.

CHAPTER IV

Transport by rail

Article 177. Regulation.

The rail transport of regulated products made entirely in Spanish territory will be in line with the provisions of Royal Decree 412/2001 of 20 April, which regulates various aspects relating to the transport of dangerous goods by rail. In addition, the rules laid down in the Regulation on the international carriage of dangerous goods by rail (RID 2015), and the Convention on International Carriage by Rail (COTIF), made in Bern on 9 May 1980 (RID), as amended, should be complied with.

Article 178. Competence.

The competence of the subjects covered by this chapter will correspond to the following Departments:

1. To the Ministry of the Interior, regarding the surveillance regime in the transportation and loading and unloading and parking.

2. To the Ministry of Public Works, in those aspects that are not expressly attributed to other Departments.

3. To the Ministry of Industry, Energy and Tourism, in respect of the technical characteristics of the wagons and containers used in the transport and the classification and compatibility of the transported materials, as provided for in Royal Decree 1256/2003 of 3 October, determining the competent authorities of the General Administration of the State in the field of the transport of dangerous goods and regulating the commission for the coordination of such transport.

Article 179. General rules.

1. The loading and unloading operations must be carried out in the most remote area of the premises to which the public has access, as well as the offices, workshops, garage or goods. The place shall be chosen in such a way as to avoid as much as possible the need to cross the tracks with the packages or packages.

2. Vehicles carrying controlled substances shall, wherever possible, approximate to a point from which the direct transhipment to the wagon may be carried out. Similar system shall be followed in respect of vehicles which have to remove the goods.

3. During loading and unloading operations, the laden vehicles which are on standby shall remain at a reasonable distance from the wagon in which these operations are carried out, not less than 100 metres.

CHAPTER V

Shipping, river and water transport

Article 180. Regulation.

1. The maritime transport of the regulated subjects shall, as a general rule, be established in International Conventions and Codes, in the National Regulations for the Admission, Handling and Storage of Dangerous Goods in the Ports, approved by Royal Decree 145/1989 of 20 January, in Royal Decree 210/2004 of 6 February, establishing a system of monitoring and information on maritime traffic, and in the other existing provisions applicable to it.

2. The river transport and the reservoirs of the regulated materials will, in general, comply with the provisions of the Royal Legislative Decree 1/2001 of 20 July, approving the recast text of the Water Law and the other existing provisions applicable to it.

Article 181. Competence in maritime transport.

The competence of the subjects covered by this chapter will correspond to the following Departments:

1. To the Ministry of the Interior, regarding the surveillance regime in the operations of loading, unloading and security measures for the storage in port.

2. To the Ministry of Public Works, in those aspects that are expressly attributed to it, and specifically in the regulation of admission, handling and storage in the service area of the ports.

3. To the Ministry of Industry, Energy and Tourism, in respect of authorized packaging and packaging and the classification and compatibility of regulated materials.

Article 182. Surveillance.

The competent authorities shall monitor the maritime transport of the regulated materials within the area of their jurisdiction. It shall be for those authorities to grant the authorisations required to carry out such activity.

Article 183. Custody.

1. The competent authority shall exercise supervision over the custody of the said subjects and the related activities, as long as they are located in the port area.

2. The master or master shall be held responsible for them from the moment they have been taken on board, without prejudice to the authority of the competent authority to carry out the inspections and to take any precautions it deems appropriate.

Article 184. Jurisdiction of the waters.

1. Any vessel that carries regulated materials shall be observed within the waters in which Spain exercises sovereignty, sovereign rights or jurisdiction, the requirements set out in this chapter.

2. The competent authorities may inspect the vessels in the designated area and verify compliance with the regulated requirements.

Article 185. General conditions.

1. No vessel shall be covered by any other loaded with controlled materials without prior written authorisation from the maritime master and the conformity of both masters.

2. The Port Authority shall give priority to the activities and manoeuvres that the aforementioned vessels would have to carry out in order to make their stay in port as small as possible.

Article 186. Documentation.

At the entrance in the harbour enclosure, the charge of the transport will present the corresponding documentation and the authorization of shipment of the goods before the corresponding harbour authority. The latter shall notify the port to the competent authority of the arrival of those goods, which, after appropriate checks, shall confirm the authorisation, establishing, where appropriate, any additional requirements necessary.

Article 187. Loading and unloading.

The regulated materials must be loaded or unloaded directly from ship to vehicle or vice versa. In no case should they be stored on dock or warehouses. It may be exempted from this rule in the case of non-metallic cardboard or other safety ammunition.

Article 188. Competence in river transport and reservoirs. General provisions.

1. The competent catchment bodies shall monitor river navigation and in reservoirs of the subject matter.

2. It is up to the basin organizations, after reporting the Central Intervention of Arms and Explosives of the Civil Guard, to grant the authorizations of navigation and for the establishment of embarcaderos necessary for the exercise of such activity.

3. The navigation authorisation extends to the loading and unloading operations, operations which shall comply with the general rules in force in this respect and the specific conditions laid down in that authorisation.

4. The loading and unloading of the aforementioned materials can only be carried out from the corresponding jetties to the vessel and vice versa.

5. Only persons who are provided with the corresponding official title may manage or govern vessels for this type of transport.

CHAPTER VI

Air Transport

Article 189. Regulation.

Air transport of regulated materials shall, as a general rule, be provided for in the Technical Instructions for the safe transport of dangerous goods by air from the International Civil Aviation Organisation (ICAO) which is in force.

Article 190. Competence.

The competence of the subjects covered by this chapter will correspond to the following Departments:

1. To the Ministry of the Interior, regarding the surveillance regime in the national transport and in the operations of loading and unloading in airports as well as the security measures in the storage.

2. To the Ministry of Public Works, in those aspects that are not expressly attributed to other Departments, and specifically in the operations of loading and unloading in the service area of the airports.

3. To the Ministry of Industry, Energy and Tourism, in respect of authorized packaging and packaging and the classification and compatibility of the materials transported.

Article 191. General provisions.

1. Airport directors shall monitor the transport of regulated materials within the area of their jurisdiction.

2. The airport directors shall be responsible for the activities related to the regulated matters, as long as they are within the limits of the airport, and may at any time be able to carry out as many inspections as they deem appropriate.

3. The aircraft commander shall be held responsible for such matters, provided that the aircraft has been taken over to undertake the flight, and until the aircraft has completed the flight.

4. When carrying out the entry at the airport, the person responsible for the transport shall present the movement guide and the authorisation for the loading of the goods to the Director of the airport, who, in advance of the checks which he orders to carry out, shall confirm, where appropriate, the authorisation, establishing, where appropriate, the additional requirements which are necessary.

5. When an aircraft transports the regulated materials, in transit, and has landed to repair breakdowns or to supply fuel, it shall be stationed in the area specifically provided for in this respect.

6. Whether the materials mentioned were unloaded and stored in accordance with the provisions of this Regulation, as if they remained on the aircraft, they shall be duly guarded.

Article 192. Loading and unloading area.

1. In airports where regulated materials are normally loaded or unloaded, there shall be an area reserved for the purpose, appropriately delimited, marked and isolated from the rest of the facilities, which shall be separated by a safety distance to be determined by the competent authority, depending on the characteristics of each airport.

2. In that area, the parking of the aircraft carrying such materials shall be carried out, as shall the loading and unloading operations or any other handling of the aircraft.

3. This area shall be equipped with the detection and fire extinguishing equipment to be determined by the authority, in order to prevent and, where appropriate, be able to deal with any fire that occurs.

4. In the buildings concerned the service of the reserved area shall be observed, as applicable, the provisions of this Regulation.

5. At airports which are not equipped with the reserved area referred to in the preceding paragraphs, an appropriate place, meeting the essential safety conditions, shall be provided, in particular as regards the distance apart from the other airport facilities.

Article 193. Vehicles.

1. Vehicles carrying regulated materials which are to be taken on board shall, wherever possible, approximate to a point from which the direct transhipment of those vehicles may be carried out.

2. Similar system shall be followed in respect of the vehicles in which the goods landed are to be withdrawn.

Article 194. Helicopters.

1. The air transport of regulated materials may also be carried out by helicopters, in accordance with the provisions of this Chapter as soon as it applies to it.

2. The Ministry of Public Works will determine the classes and quantities of regulated substances that can be transported in different types of helicopters.

3. The helicopters carrying these substances must be equipped with the equipment necessary for the detection and extinction of fires.

TITLE X

Sanctioning Regime

CHAPTER I

Violations and penalties

Article 195. Minor infractions.

The following behaviors will be considered minor infractions:

1. The omission or inadequacy of the security measures for the custody of the documentation relating to the regulated materials, where it results in loss or subtraction.

2. The omission of the duty to report to the Intervention of Arms and Explosives the loss or subtraction of documentation relating to the regulated matters.

3. The omission of the obligation to forward to the Administration the parties and other documents relating to the matters covered in the fields of industrial or public security.

4. The omission of data in the communications that is mandatory to refer to the Administration, related to the matters regulated in the fields of industrial or citizen security.

5. Irregularities in the completion of compulsory books and registers relating to the subject matter.

6. The disobedience and/or lack of consideration of the mandates of the competent authority or of its agents, provided that they comply with the current regulations, in the exercise of the mission they have legally entrusted with respect to the regulated matters.

7. All those conduct which, not being qualified as very serious or serious infractions, constitute breaches of the obligations or requirements or violation of the prohibitions laid down in this regulation and in its accompanying technical instructions, in the Organic Law 4/2015, of March 30, of protection of citizen security, in Law 21/1992, of July 16, of Industry, or in other special laws.

8. Failure to comply with the requirements laid down for the collaborating entities of the Administration and notified bodies in the field of industrial safety

Article 196. Serious infringements.

The following behaviors will be considered serious violations:

1. The manufacture, storage, sale, distribution, acquisition or disposal, possession or use of the regulated materials, in breach of the implementing rules, lacking the necessary documentation or authorizations or exceeding the permitted limits.

2. The manufacture, storage, sale, distribution and use of the regulated materials, in quantity greater than that authorized.

3. The omission or inadequacy of the adoption or effectiveness of the measures of public safety or mandatory precautions in the manufacture, storage, distribution, circulation, trade, possession or use of the regulated materials.

4. The omission or inadequacy of the adoption or effectiveness of the industrial safety measures in the manufacture, storage, possession or use of the regulated materials, when it carries danger or serious damage to persons, flora, fauna, things or the environment.

5. The movement or transport of the regulated materials, without complying with the requirements laid down in terms of documentation, citizen security measures or in terms of industrial safety measures, where, in the latter case, such non-compliance is in danger or serious harm to persons, flora, fauna, things or the environment.

6. The allegation or contribution of false data or circumstances, to justify unauthorised commercial transactions, or to obtain authorisations or documents relating to the subject matter.

7. The refusal of access to the competent authorities or their agents or the obstruction of the exercise of the inspections or regulatory controls, in workshops, means of transport, depots and other establishments relating to the subject matter.

8. The resistance or the obstruction to provide the information required by the Public Administrations, when there is a legal or regulatory obligation to attend to such request for information.

9. The initiation or performance of any activity related to the subject matter without the relevant authorisation.

10. The opening or operation of any establishment, or the initiation or performance of any activity related to the subject matter, without taking the necessary security measures, or where they are insufficient.

11. The lack of the books or records that are mandatory, in respect of the subject matter.

12. The use of any other marking which may lead to confusion with the CE marking in pyrotechnic articles.

13. The repeated non-compliance with the requirements laid down for the collaborating entities of the Administration and notified bodies in the field of industrial safety.

Article 197. Very serious infringements.

The following behaviors will be considered very serious violations:

1. The conduct defined in paragraphs 1 and 4 of the previous Article, if, as a result of them, very serious damage is caused.

2. The conduct referred to in paragraphs 3 and 5 of the previous Article, if, as a result of them, the loss or subtraction of regulated materials occurs.

3. The illegal use of the CE marking, when it is a very serious damage or a very serious and imminent danger to people, flora, fauna, things or the environment.

4. The incorrect execution by the notified body of the actions entrusted to it, as well as continuing to certify once the corresponding notification has been withdrawn, when such conduct results in very serious damage or is derived a very serious and imminent danger for the people, the flora, the fauna, the things or the environment.

5. Failure to comply with the requirements laid down for notified bodies, where it is a very serious damage or a very serious and imminent danger to persons, flora, fauna, things or the environment.

Article 198. Inspection and sanctions.

1. Inspection.

(a) For the development of the inspector's function, the Functional Areas of Industry and Energy of the Delegations or Subdelegations of Government, may establish mechanisms of collaboration with organs or administrations that have assigned competences and responsibilities in the field of work, as well as in the areas of citizen security and industrial security.

b) The staff of the Functional Area of Industry and Energy carrying out the task of inspection have in the exercise of their duties the character of public authority.

(c) The inspector's activity shall be documented by means of acts which shall be presumed to be certain in relation to the facts reflected in the acts which were found by the inspector, without prejudice to the contrary evidence. In the case of inspections of workshops and deposits of finished products, their content shall be in accordance with the model laid down in ITC No 24.

2. Sanctions.

(a) The conduct typified as minor infractions in paragraphs 1, 2, 5, and 6 of Article 195 shall be punishable by a fine of EUR 100 to EUR 600. The conduct established as a minor infringement of Article 195 (8) shall be punishable by a fine of up to EUR 3,005,06. Conduct classified as minor offences in paragraphs 3, 4 and 7 of Article 195 shall be sanctioned with a fine of EUR 100 up to EUR 600 or up to EUR 3,005,06 as referred to in the case of public security or industrial security aspects, respectively.

(b) The conduct classified as serious infringements in Article 196 (1), (2), (3), (6), (11) and (12) shall be punishable by a fine of EUR 601 up to EUR 30 000. The conduct classified as serious infringements in Article 196 (4) and (13) shall be punishable by a fine of EUR 3,005,07 up to EUR 90,151,81. Conduct classified as serious infringements in paragraphs 5, 7, 8, 9 and 10 of Article 196 shall be punishable by a fine of EUR 601 up to EUR 30 000 or with a fine of EUR 3,005,07 up to EUR 90,151,81 as referred to in matters of public security or industrial security, respectively.

In addition, the conduct established in Article 196 (1), (2) and (12) shall be punishable by the seizure of all material apprehended or of any material exceeding, where appropriate, the amount authorized.

In turn, the conduct defined in Article 196 (13) will also be sanctioned with the temporary withdrawal of the authorisation for up to one year.

The conduct referred to in Article 196 (1) shall entail, where appropriate, the closure of the establishment in which the infringement occurs for a period not exceeding six months.

The conduct referred to in Article 196 (3) and (10) shall entail the closure of the establishment where the infringement occurs until the security measures are established or the existing anomalies are remedied.

c) The conduct classified as very serious infringements in Article 197 (3) shall be punishable by a fine from EUR 30,001 to EUR 600 000. The conduct classified as very serious infringements in Article 197 (4) and (5) shall be punishable by a fine of EUR 90,151,82 to EUR 601,012,10. Conduct classified as very serious infringements in Article 197 (1) and (2) shall be punishable by a fine of EUR 30,001 up to EUR 600 000 or with a fine of EUR 0,151,82 up to EUR 601,012,10 as referred to in matters of public security or industrial security, respectively.

On the other hand, the conduct defined in Article 197 (1) shall be sanctioned, where appropriate, with the closure of the establishment where the infringement occurs for a period of six months and one day to two years.

In the same way, the conduct established in Article 197 (2) shall be sanctioned, where appropriate, with the closure of the establishment in which the infringement occurs, or a transport undertaking, for a period of six months and one day to two years, provided that the quantity subtracted or lost, the mode or authors of the subtraction cause social alarm.

In turn, the conduct defined in Article 197 (3) shall be sanctioned, where appropriate, with the seizure of the corresponding material.

The conduct referred to in Article 197 (5) shall also be sanctioned, where appropriate, with the suspension of the activity or the closure of the establishment for a maximum period of five years.

(d) In order to determine the amount and graduation of the penalties, and in accordance with the principle of proportionality, the following circumstances shall be taken into account:

i. The importance of damage or deterioration caused.

ii. The degree of participation and benefit obtained.

iii. The economic capacity of the infringer.

iv. The intentionality in the commission of the infringement.

v. The dolo, the guilt and the recidivism.

e) The seized material must be destroyed if its use constitutes a safety hazard. The sanctioning body must, in any case, determine the final destination to be given to the seized material.

The expenses incurred by the intervention, storage, transport and destruction operations shall be taken into account by the infringer.

Article 199. Limitation of the infringement.

1. The administrative offences referred to in the preceding articles relating to aspects of public security shall be subject to a period of six months, a year or two years after they have been committed, as minor, serious or very serious, respectively.

2. The administrative offences referred to in the preceding articles relating to aspects of industrial safety shall be prescribed for the year, three years or five years after they have been committed, as minor, serious or very serious, respectively.

Article 200. Prescription of penalties.

1. The penalties imposed for offences relating to citizens ' safety aspects, which are classified as very serious, shall be imposed at three years of age, those imposed for serious infringements at two years of age, and those imposed for minor offences per year, taken from the day following that in which the decision imposing the penalty is taken on an administrative basis.

Interrupt the prescription of the initiation, with knowledge of the person concerned, of the execution procedure, returning to elapse the period if the one is paralyzed for more than one month for cause not imputable to the infringer.

2. The penalties shall be prescribed for the year, three years or five years, depending on the fact that the corresponding offences relating to industrial safety aspects have been classified as minor, serious or very serious, respectively, from the day following that in which the decision imposing the sanction is acquired on an administrative basis.

CHAPTER II

Sanctioning Procedure

Article 201. Sanctioning procedure.

1. No penalty may be imposed for the intended infringements, but under the procedure laid down for the purpose and in accordance with the principles of the hearing concerned, the economy, the speed and the rule of law. This procedure will be governed by the provisions of Title IX of Law 30/1992, of 26 November of the Legal Regime of Public Administrations, in this Regulation and in the Rules of Procedure for the Exercise of the Sanctioning Authority, approved by Royal Decree 1398/1993, of 4 August, without prejudice to the provisions of Chapter V of the Organic Law 4/2015 of 30 March, of protection of citizen security, as in Title V of Law 21/1992, of 16 July, of Industry, taking into account the nature of the conduct that originates it.

2. No sanctions shall be imposed for temporary suspension of the authorisations of the workshops, premises or establishments, without prior favourable report from the Ministry of Industry, Energy and Tourism.

3. In any case, the temporary closure of the establishments will be agreed upon by the Government Delegate prior to the mandatory report of the Central Intervention of Arms and Explosives of the Civil Guard and of the Directorate General of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism.

4. In the field of safety and health at work, the provisions of the applicable legislation applicable and, in particular, the Royal Legislative Decree 5/2000 of 4 August, approving the recast of the Law on Infringements and Sanctions in the Social Order, will apply.

5. Where the conduct referred to in this Regulation may take the form of a criminal offence, the necessary background shall be sent to the Ministry of Public Prosecutor's Office for the action taken, the administrative body responsible for the decision being agreed upon, the suspension of the procedure until the judicial decision is taken.

The final resolution of the administrative sanctioning procedure can only be produced when the resolution is signed in the criminal field, until then the limitation period is interrupted.

The precautionary measures taken by the sanctioning authorities before the judicial intervention will be able to remain in force as long as it is not a matter for the Judicial Authorities.

In the criminal proceedings in which the Prosecutor's Office intervenes, when the file is agreed upon, or if a self-rule or an absolute judgment is issued, because the facts are not constitutive of criminal offence, it must refer to the sanctioning authority a copy of the decision and of the individuals it deems necessary, when those may be subject to administrative punishment in accordance with the provisions of this Regulation, in order to continue the sanctioning file based, where appropriate, on the facts that the competent judicial body has considered. tested.

Article 202. Competence.

1. It shall be competent to initiate the case of an industrial safety penalty, regardless of the sanction that may be imposed, any of the authorities listed below:

(a) The Minister of Industry, Energy and Tourism.

b) The Directorate General for Energy Policy and Mines.

c) Government Delegates in the Autonomous Communities, as well as Government Subdelegates in the provinces.

2. The competence for the instruction of the sanctioning procedures shall be:

(a) To the body of the Directorate-General for Energy Policy and Mines, which is competent in accordance with the regulatory provisions of the Directorate-General for the Instruction of the Procedures for Serious Infringement, the resolution of which corresponds to the Minister of Industry, Energy and Tourism and for a very serious infringement on industrial safety, the resolution of which corresponds to the Council of Ministers.

b) To the Directors of Area and Heads of Industry and Energy Dependence on the procedures sanctioning of minor infractions in matters of industrial safety or control of market products, whose resolution corresponds to the Delegate of the Government.

(c) To the Directorate General of the Civil Guard for the instruction of the sanctioning procedures for very serious violations in the field of citizen security.

(d) to the Government Delegates or, where appropriate, to the relevant organ of the Delegation of the Government concerned for the instruction of the sanctioning procedures for serious and minor violations in the field of public security, except as provided for in the following paragraph.

e) To the corresponding body of the City Council in question, in respect of the sanctioning files whose resolution corresponds to the Mayors, in matters of citizen security.

3. The jurisdiction to issue the relevant judgment and to impose the penalties laid down in the preceding Articles shall be exercised by:

(a) The Council of Ministers, in order to sanction, in any case, very serious infringements in the field of industrial safety.

(b) The Minister of the Interior, for the punishment of very serious violations in the area of citizen security.

(c) The Minister of Industry, Energy and Tourism, in order to sanction, in any case, serious infringements in the field of industrial safety.

(d) The Secretary of State for Security, for the sanction of very serious violations in the medium and minimum degree, in matters of citizen security.

e) Government delegates in the Autonomous Communities and in the cities of Ceuta and Melilla, to impose any of the sanctions for minor infractions in matters of industrial security, as well as to impose any of the sanctions for serious and minor infractions, in matters of citizen security, except what is the competence of the mayors.

(f) The Mayors may impose the sanctions and adopt the measures provided for in the Organic Law 4/2015 on the protection of citizen security, when the violations are committed in municipal public spaces or affect local property, provided that they have jurisdiction over the matter in accordance with the specific legislation.

Article 203. Cardboard seized.

1. The card seized in accordance with the provisions of Article 198, as a result of an administrative infringement, will pass to the State, which, through the corresponding Government Delegate, will hand it over to the Armed Forces or the Civil Guard Corps or National Police, when they could be useful for the performance of their functions. If the above is not possible, it may destroy or give it other purposes in accordance with the provisions of ITC No 12.

2. During the instruction of the sanctioning file and where appropriate during the execution of the penalty imposed, the intervening card shall be deposited in a duly empowered establishment, at the disposal of the competent authority to sanction.

Article 204. Pyrotechnic articles seized.

1. Pyrotechnic articles seized in accordance with the provisions of Article 198, as a result of an administrative infringement, shall be passed on to the State. The final destination of the aforementioned articles will be determined by the corresponding Government Delegate, in accordance with the provisions of the ITC number 12.

2. During the examination of the sanctioning file, and where appropriate during the execution of the sanction imposed, the pyrotechnic articles shall be deposited in a duly empowered establishment, at the disposal of the competent authority to sanction.

Article 205. Precautionary measures.

1. The sanctioning file will be initiated, the precautionary measures necessary for the normal development of the procedure, avoiding the commission of new infringements or ensuring the compliance with the sanction that could be imposed.

2. Those measures, which shall be proportionate to the nature of the infringement, may consist of the adoption of preventive action measures and the carrying out of actions for the maintenance or restoration of public security, in accordance with the provisions of the Organic Law 4/2015 of 30 March on the protection of citizen security, and in particular:

(a) The deposit in place of the instruments or effects used for the commission of the infractions while the sanctioning procedure is processed or until, if necessary, the return is resolved or the comiso is decreed. The deposit may be made at the premises of the alleged infringer as long as they are appropriate.

(b) The adoption of provisional measures for the security of persons, property, establishments or facilities which are in danger, in charge of their owners.

c) The preventive suspension or closure of workshops, warehouses, premises or sales establishments.

(d) The suspension, partial or total, of the activities of establishments that are notoriously vulnerable and do not have the mandatory security measures in place.

e) The preventive withdrawal of authorizations, permits, licenses and other documents issued by the administrative authorities.

3. The duration of temporary precautionary measures may not exceed half of the time limit laid down for the penalty which may correspond to the offence committed.

4. Likewise, as interim measures prior to the procedure, the agents of the authority will intervene and apprehend the instruments used in the commission of the infringement, as well as the pyrotechnic articles or cardboard object thereof, which will be maintained in the deposits or installations established for the purpose or in the custody of the Forces and the Security Corps while the sanctioning procedure is dealt with or until, in its case the return is resolved or the comiso is decreed.

Without prejudice to the provisions of paragraph 3 above, if the apprehension is of regulated fungible materials and the cost of the deposit exceeds the venal value, they shall be destroyed or the appropriate legal destination shall be given, in accordance with the procedure laid down in regulation.

Exceptionally, in cases of possible disappearance of pyrotechnic or cardboard articles, of serious risk or imminent danger to persons or property, the measures provided for in point (a) of paragraph 2 above, with the exception of point (e), may be ordered directly by the agents of the authority and must be ratified or revoked by the latter within the maximum period of 15 days. In any event, these measures will have no effect if, on the expiry of that period, the procedure is not opened or the opening agreement does not contain an express statement on the measures.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 1

Articles considered pyrotechnic and ammunition in the relevant United Nations recommendations or requiring specification as to whether they are pyrotechnic or explosive articles

1. Articles considered pyrotechnics and ammunition in the relevant UN recommendations:

Group G

N.

UN

Name and description	Class/division	Glossary (for informational purposes)
0009	incendiary Munitions with or without scatter load, eject load, or propellant load.	1.2 G	Munition. -Generic term mainly referred to objects of military use: bombs, grenades, rockets, mines, shells and the like. incendiary Munitions. -Munition containing an incendiary matter. With the exception of the compositions which are in themselves explosive, they contain one or more of the following components: propellant loading with initiator and starter load, sprinkle with dispersion or expulsion load.
0010	incendiary Munitions with or without scatter load, eject load, or propellant load.	1.3 G	See UN 0009
0015	Fumigate Munitions, with or without load of dispersion, load of eject or propellant load.	1.2 G	Fumigate Munitions.-Munition containing a fumigate matter, and also, except when the matter itself is explosive, one or more of the following elements: propellant loading with bait and ignition load, sprinkle with dispersion or ejection load.
0016	Fumigate Munitions, with or without dispersion load, eject load, or propellant load.	1.3 G	See UN 0015
0018	Tear-gas Munitions, with dispersion, ejection, or propellant loading.	1.2 G	Tear-gas Munitions, with dispersion, ejection, or propellant loading. -Ammunition containing a tear gas. They also contain one or more of the following components: pyrotechnic materials, propellant loading with initiator and starter load and sprinkle with dispersion or expulsion load.
0019	Tear-gas Munitions, with dispersion, ejection, or propellant loading.	1.3 G	See UN 0018
0039	Photo Lighting Pumps.	1.2 G	Bombs. -Explosive objects that are thrown from a plane. They may contain flammable liquid with romping charge, illuminating composition and dispersion charge. This term includes the lighting pumps for photography.
0049	Cartridges.	1.1 g	Fulgurgant cartridges. -Objects consisting of a wrapper, a piston and illuminating mixture, arranged to be fired.
0050	Cartridges.	1.3 G	See UN 0049
0054	Token Cartridges.	1.3 g	Token cartridges. -Objects designed for the launch of light-colored signals, or other signals, with the help of signal guns, etc.
0066	Fast-burning Mecha.	1.4 G	Fast-burning Mecha. -Object formed by a black powder-coated cord (or other fast-burning pyrotechnic composition) with a flexible coating of protection, or a black powder soul, surrounded by a flexible textile coating. They burn with external flame and serve to transmit the ignition to a load or to a bait.
0092	surface Bengals.	1.3 G	Bengals. -Objects containing pyrotechnic materials, of surface use, to illuminate, identify, signal or warn.
0093	airlines.	1.3 G	See UN 0092
0101	Non-detonating wick.	1.3 G	In English, two very similar words respectively designate the fuse (fuse) and the spur (fuze). Although both words have a common origin (the French fusée) and are sometimes considered orthographic variants of the same term, it is useful to maintain the convention of using fuse to refer to a device of ignition (wick) and fuze to designate devices with mechanical, electrical, chemical or hydrostatic components used to start the chain by detonation or deflagration of the ammunition. Instant Mecha, not trigger. -Objects consisting of cotton threads impregnated with powder keg. Arden with exterior flame and are used in fire chains of fireworks.
0103	Tubular Ignition Wick with Metal Wrap.	1.4 G	Tubular Ignition Wick with Metal Wrap. -Object formed by a metal tube with a clear explosive soul.
0171	illuminating Munitions with or without load of dispersion, load of ejection, or propellant load.	1.2 G	Illuminating Munitions with or without Scatter Load, Ejection Load, or Propulsive Load. -Munition designed to produce a unique source of intense light to illuminate an area. This term includes cartridges, grenades, projectiles and light bombs and location bombs.
0191	Pyrotechnics Manual Artifacts for Signals.	1.4 G	Objects designed to produce signals.
0192	Signals for railroads.	1.1 G	See UN 0191
0194	Ship distress signals.	1.1 G	See UN 0191
0195	Ship distress signals.	1.3 G	See UN 0191
0196	Fumigations.	1.1 G	See UN 0191
0197	Fumigations.	1.4 G	See UN 0191
0212	Ammunition Trazors.	1.3 G	Ammunition Trazors. -Closed objects, with pyrotechnic materials, designed to follow the trajectory of a projectile.
0254	Illuminating Munition with or without scatter load, eject load, or propellant load.	1.3 G	See UN 0171 n. 0171
0297	Illuminating Munitions with or without Scatter Load, Ejection Load, or Propulsive Load.	1.4 G	See UN 0254
0299	Photo Lighting Pumps.	1.3 G	See UN 0039
0300	incendiary Munitions with or without scatter load, eject load, or propellant load.	1.4 G	See UN 0009
0301	Tear-gas Munitions, with scatter load, eject load, or propellant load.	1.4 G	See UN 0018
0303	Fumigate Munitions, with or without load of dispersion, load of eject or propellant load.	1.4 G	See UN 0015
0306	Ammunition Trazors.	1.4 G	See UN 0212
0312	Token Cartridges.	1.4 g	Token cartridges. -Objects designed for the launch of light-colored signals, or other signals, with the help of signal guns, etc.
0313	fumigeins.	1.2 G	See UN 0195
0318	Exercise, hand, or rifle granades.	1.3 G	Hand or rifle farms. -Objects designed to be hand-launched or with the help of a rifle. With initiation system. They may contain a signaling load. This term includes hand or exercise grenades.
0319	tubulars.	1.3 G	tubulars. -Objects consisting of an ignition bait and a flagrant auxiliary load-such as, for example, the black powder-used for the ignition of the projection load contained in a pod, etc.
0320	tubulars.	1.4 G	See UN 0319
0333	Fireworks.	1.1 G	Fireworks. -pyrotechnic objects intended for recreational uses.
0334	Fireworks.	1.2 G	See UN 0333
0335	Fireworks.	1.3 G	See UN 0333
0336	Fireworks.	1.4 G	See UN 0333
0362	Exercise Munitions.	1.4 G	Exercise Munitions. -Munitions devoid of main explosive charge, but with load of dispersion or expulsion. They usually contain a sprinkle and a propellant charge.
0363	Test Munitions.	1.4 G	Test Munitions. -Ammunition containing a pyrotechnic material and used to test the efficacy or potency of new components or sets of ammunition or weapons.
0372	Exercise, hand, or rifle granades.	1.2 G	See UN 0318
0403	air Bengals.	1.4 G	See UN 0092
0418	surface Bengals.	1.2 G	See UN 0092
0419	surface Bengals.	1.1 G	See UN 0092
0420	air Bengals.	1.1 G	See UN 0092
0421	air Bengals.	1.2 G	See UN 0092
0424	Projected inert with tracer.	1.3 G	Projected. -Obus, cannon bullet or other pieces of artillery, rifle or any other weapon of small caliber. They can be inert, with or without tracer, or contain load of dispersion or expulsion or breaking load. This term includes: inert projectiles with tracer, shells with dispersion or expulsion load, projectiles with romper load.
0425	Projected inert with tracer.	1.4 G	See UN 0424
0428	pyrotechnic objects for technical uses.	1.1 G	pyrotechnic objects for technical uses. -Objects containing pyrotechnic substances and intended for technical uses, such as heat or gas production, scenic effects, etc. This term does not include the following items, which are included in other headings: all types of ammunition, signal cartridges, fireworks, cortacable shears with explosive charge, explosive charges of separation, air flares, surface flares, explosive rivets, manual pyrotechnics for signs, distress signals, signal firecrackers for railways and fumigations.
0429	pyrotechnic objects for technical uses.	1.2 G	See UN 0428
0430	pyrotechnic objects for technical uses.	1.3 G	See UN 0428
0431	pyrotechnic objects for technical uses.	1.4 G	See UN 0428
0434	Projected with Scatter Load or Expulsion Load.	1.2 G	Projected. -Obus, cannon bullet or other piece of artillery, rifle or any other weapon of small caliber. They can be inert, with or without tracer, or contain load of dispersion or expulsion or breaking load. This term includes: inert projectiles with tracer, shells with dispersion or expulsion load, projectiles with romper load.
0435	Projected with scatterload or eject load.	1.4 G	See UN 0434
0452	Exercise, hand, or rifle farms.	1.4 G	See UN 0372
0487	Fumigations.	1.3 G	See UN 0194
0488	Exercise Munitions.	1.3 G	Exercise Munitions. -Munitions devoid of main explosive charge, but with load of dispersion or expulsion. They usually contain a sprinkle and a propellant charge. This term does not include pomegranates, which are included in other headings.
0492	Signals for railroads.	1.3 G	See UN 0194 n. 0194
0493	Signals for railroads.	1.4 G	See UN 0194 n. 0194
0503	Gas generators for inflatable bags or inflatable bag modules or seatbelt suitors.	1.4 G

UN

Name and description	Class/division	Glossary (for informational purposes)
0110	Exercise, hand, or rifle Granades.	1.4 S	See UN 0318.
0193	Signals for railroads.	1.4 S	See UN 0194.
0337	Fireworks.	1.4 S	See UN 0334.
0345	Projected inert with tracer.	1.4 S	Projected. -Obus, cannon bullet or other pieces of artillery, rifle or any other weapon of small caliber. They can be inert, with or without tracer, or contain load of dispersion or expulsion or a breaking load.
0373	Pyrotechnics Manual Artifacts for Signals.	1.4 S	See UN 0191.
0376	tubulars.	1.4 S	See UN 0319.
0404	air Bengals.	1.4 S	See UN 0092.
0405	Token Cartridges.	1.4 s	Token cartridges. -Objects designed for the launch of light-colored signals, or other signals, with the help of signal guns, etc.
0432	pyrotechnic objects for technical uses.	1.4 S

2. Articles for which a specification is required as to whether it is pyrotechnic or explosive articles:

UN

Name and description	Class/division	Glossary (for informational purposes)
			Group G
0121	Encenters.	1.1 G	Inflators. -Objects that contain one or more explosive materials and are used to initiate a fire in a pyrotechnic chain. They can be activated chemically, electrically or mechanically.
0314	Encenters.	1.2 G	See UN 0121.
0315	Encenters.	1.3 G	See UN 0121.
0316	ignition spolets.	1.3 G
0317	ignition spolets.	1.4 G
0325	Encenters.	1.4 G	See UN 0121.
0353	N.E.P. explosive objects	1.4 G
0454	Encenters.	1.4 S	See UN 0121.
			Group S
0131	Encenters, for mine wicks.	1.4 S	Encenters, for mine wicks. -Objects, of different design, used to ignite, by friction, shock or electricity, the mines of mines.
0349	N.E.P. explosive objects	1.4 S
0368	ignition spolets.	1.4 S

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 2

Essential safety requirements for pyrotechnic devices, other pyrotechnic articles and ignition devices

1. Object

This ITC aims to establish the essential safety requirements to be met by both pyrotechnics, other pyrotechnic articles and ignition devices.

2. Essential security requirements

2.1 Any pyrotechnic article shall comply with the operating characteristics specified by the manufacturer to the notified body in order to ensure maximum safety and reliability.

2.2 Any pyrotechnic article must be designed and constructed in such a way that it can be disposed of in safe conditions by appropriate procedure with a minimum impact on the environment.

2.3 All pyrotechnic articles shall be operated correctly when used for the intended purpose.

Any pyrotechnic article must be tested under realistic conditions. If this is not possible in a laboratory, the tests shall be carried out under the conditions corresponding to the intended use of the pyrotechnic article.

The following properties and information should be considered or tested, where appropriate:

a) Design, manufacture and characteristic properties, including the chemical composition (mass, percentage of materials used) and dimensions.

(b) Physical and chemical stability of the pyrotechnic article in all normal or foreseeable environmental conditions.

c) Sensitivity to transport and handling under normal or foreseeable conditions.

d) Compatibility of all components as regards their chemical stability.

e) Resistance of pyrotechnic article to moisture when intended to be used in wet or wet conditions, and when its safety or reliability may be adversely affected by moisture.

f) Resistance to high and low temperatures when it is intended to maintain or use the pyrotechnic article at such temperatures and their safety or reliability may be adversely affected by cooling or heating a pyrotechnic component or article as a whole.

g) Security device to prevent accidental or extemporaneous initiation or ignition.

(h) Appropriate instructions and, where appropriate, markings relating to the security of handling, storage, use (including safety distances) and disposal written at least in Spanish.

i) The capacity of the pyrotechnic article, its envelope or other components to withstand deterioration under normal or foreseeable storage conditions.

j) Indication of all necessary devices and accessories and management instructions for reliable and safe operation of the pyrotechnic article.

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

2.4 pyrotechnic articles shall not contain explosive detonators other than black powder or detonating composition, except for items in categories P1, P2 or T2 and pyrotechnics of category F4 which meet the following conditions:

(a) The explosive detonator cannot be easily removed from the article.

(b) In the case of category P1, the article may not operate with a detonating effect and may not, by design and manufacture, start secondary explosives.

(c) In the case of categories F4, T2 and P2, the article shall not be designed to operate with or intended to detonate or, if designed to detonate, it shall not, by design and manufacture, start secondary explosives.

2.5 The various groups of pyrotechnic articles must also meet at least the following requirements:

A. Fireworks:

1. The manufacturer shall classify pyrotechnic devices in different categories in accordance with Article 8 of the Regulation on pyrotechnic articles and cardboard, according to their explosive net content, safety distance, sound levels and the like. The category shall be clearly indicated on the label:

(a) For category F1 devices, the following conditions must be met:

i. The safety distance shall be equal to or greater than 1 metre. However, where appropriate, the safety distance may be lower.

ii. The maximum sound level shall not exceed 120 dB (A, imp) or the equivalent value of sound level measured by another appropriate means, at the distance of safety.

iii. The F1 category shall not include firecrackers, firecrackers, flash firecrackers and flash firecrackers.

iv. Category F1 impact thunder shall not contain more than 2.5 mg of silver fulminate.

(b) For pyrotechnics of category F2 pyrotechnics, the following conditions must be met:

i. The safety distance shall be equal to or greater than 8 metres. However, if appropriate, the safety distance may be lower.

ii. The maximum sound level shall not exceed 120 dB (A, imp) or a sound level equivalent measured by another appropriate method, to the safety distance.

(c) For the pyrotechnic devices of category F3, the following conditions must be met:

i. The safety distance shall be equal to or greater than 15 metres. However, where appropriate, the safety distance may be lower.

ii. The maximum sound level shall not exceed 120 dB (A, imp) or the equivalent value of sound level measured by another appropriate means, at the distance of safety.

2. Pyrotechnic devices may only be made of materials which pose a minimum risk to health, property and the environment in the field of waste.

3. The ignition device must be clearly visible or must be indicated by means of labelling or instructions.

4. Fireworks shall not be moved in an erratic or unpredictable manner.

5. The pyrotechnics of the categories F1, F2 and F3 shall be protected against accidental ignition, either by means of protective cover, by packaging or as part of the design of the product itself. Pyrotechnics of category F4 must be protected against accidental ignition by means specified by the manufacturer.

B. Other pyrotechnic articles:

1. Pyrotechnic articles shall be designed in such a way as to pose a minimum risk to health, property and the environment under normal conditions of use.

2. The ignition device must be clearly visible or must be indicated by means of labelling or instructions.

3. Pyrotechnic articles must be designed in such a way that the waste of the product poses a minimum risk to health, property and the environment when an involuntary initiation occurs.

4. Where appropriate, the pyrotechnic article shall operate in an appropriate manner up to the date of expiry of the product specified by the manufacturer.

C. Ignition devices:

1. Ignition devices shall be capable of being reliably initiated and capable of sufficient initiation under normal or foreseeable conditions of use.

2. Ignition devices shall be protected from electrostatic discharges under normal or foreseeable storage and use conditions.

3. Electronic ignition systems shall be protected against electromagnetic fields under normal or foreseeable conditions of storage and use.

4. The cover of the wicks shall have sufficient mechanical strength and adequate protection of the explosive content when exposed to normal or foreseeable mechanical stress.

5. The parameters of the combustion times of the wicks shall be supplied with the pyrotechnic article.

6. The electrical characteristics (e.g. non-ignition current, resistance, etc.) of the electrical ignition systems shall be supplied with the pyrotechnic article.

7. The cables of the electrical ignition systems shall be sufficiently insulated and have sufficient mechanical strength, including the strength of the attachment to the initiator, taking into account the intended use.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 3

Compliance assessment procedures

1. Object

The purpose of this ITC is the description of the conformity procedures that a manufacturer may follow to assess the compliance of pyrotechnic articles.

2. Procedures for the assessment of conformity

Module B: EU Type Exam

1. The EU type examination is the part of a conformity assessment procedure whereby a notified body examines the technical design of a pyrotechnic article and verifies and attests that its technical design meets the essential safety requirements reflected in the ITC number 2 which apply to it.

2. The EU type examination should be carried out in the form of an assessment of the adequacy of the technical design of the pyrotechnic article by examining the technical documentation and supporting documentation referred to in point 3, and in the form of an examination of a sample, representative of the intended production, of the complete product (combination of the type of production and the type of design).

3. The manufacturer shall submit an EU type examination application to a single notified body of his choice.

This request will include:

(a) the name and address of the manufacturer;

(b) a written declaration specifying that the same application has not been filed with another notified body;

(c) the technical documentation; the technical documentation shall enable the conformity of the pyrotechnic article to be assessed with the applicable requirements of this Regulation and shall include an appropriate analysis and assessment of the risks; specify the applicable requirements and shall, in so far as it is relevant for the assessment, design, manufacture and operation of the pyrotechnic article, include, where appropriate, at least the following elements:

i. a general description of the pyrotechnic article,

ii. the design and manufacturing plans, and the schemes of the components, sub-assemblies, circuits, etc. ,

iii. descriptions and explanations necessary for the understanding of such plans and schemes, and the operation of the pyrotechnic article,

iv. a list of harmonised standards, applied in whole or in part, and, where those harmonised standards have not been applied, the description of the solutions adopted to meet the essential safety requirements of this Regulation together with a list of other relevant technical specifications applied; in the case of harmonised standards that are partially applied, the parts that have been applied shall be specified in the technical documentation;

v. the results of the design calculations performed, the examinations performed, etc. ,

vi. the test reports;

(d) samples, representative of the intended production; the notified body may request further samples if the test programme so requires;

e) supporting documentation of the adequacy of the technical design; this supporting documentation shall mention all the documents that have been used, in particular where the relevant harmonised standards have not been fully applied; the supporting documentation shall, if necessary, include the results of the tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer or by another test laboratory on his behalf and under his responsibility.

4. The notified body shall be responsible for:

Regarding the pyrotechnic article:

4.1 Examine the technical documentation and supporting documentation to assess the adequacy of the technical design of the pyrotechnic article.

About the sample or samples:

4.2 Check that they have been manufactured in accordance with the technical documentation and establish the elements that have been designed in accordance with the applicable provisions of the relevant harmonised standards, as well as the elements that have been designed in accordance with other relevant technical specifications.

4.3 To carry out appropriate examinations and tests to check whether, when the manufacturer has chosen to apply the solutions of the relevant harmonised standards, these solutions have been correctly applied.

4.4 To carry out, or have carried out, appropriate examinations and tests to check whether, if the solutions of the relevant harmonised standards have not been applied, the solutions adopted by the manufacturer, including those applied in other relevant technical specifications, comply with the relevant safety essential requirements of this Regulation.

4.5 Ponse according to the manufacturer on a place where the examinations and tests are to be carried out.

5. The notified body shall draw up an assessment report to take into account the activities carried out in accordance with point 4 and its results. Without prejudice to its obligations with regard to the Directorate-General for Energy Policy and Mines, the notified body shall only disclose the content of this report, in full or in part, with the agreement of the manufacturer.

6. If the type complies with the requirements of this Regulation which apply to the pyrotechnic article concerned, the notified body shall issue an EU-type examination certificate to the manufacturer. This certificate shall include the name and address of the manufacturer, the conclusions of the examination, the conditions of validity (where applicable) and the data necessary to identify the approved type. One or more annexes may be attached to the EU-type examination certificate.

The EU type-examination certificate and its annexes shall contain all relevant information to assess the conformity of the pyrotechnic articles manufactured with the type examined and to allow the control in service.

If the type does not satisfy the applicable requirements of this Regulation, the notified body shall refuse to issue an EU type examination certificate and shall inform the applicant accordingly, explaining in detail its refusal.

7. The notified body shall be kept informed of changes in the generally recognised state of the art which indicate that the approved type can no longer meet the applicable requirements of this Regulation, and shall determine whether such changes require further investigation. In that case, the notified body shall inform the manufacturer accordingly.

The manufacturer shall inform the notified body which has in its possession the technical documentation relating to the EU-type examination certificate on any modification of the approved type which may affect the conformity of the pyrotechnic article with the essential safety requirements of this Regulation or the conditions of validity of that certificate. Such amendments shall require additional approval in the form of addition to the original EU-type examination certificate.

8. The notified body shall inform the Directorate-General for Energy Policy and Mines of EU-type examination certificates and/or any additions thereto which it has issued or withdrawn and, on a regular basis or upon request, shall make available to it the list of such certificates and/or additions thereto which have been rejected, suspended or otherwise restricted.

Each notified body shall inform the other notified bodies of the EU type-examination certificates and/or any additions thereto which it has rejected, withdrawn, suspended or otherwise restricted and, upon request, on those certificates and/or additions thereto which it has issued.

The European Commission, the Member States and the other notified bodies may, on request, obtain a copy of the EU type-examination certificates or their additions. Upon request, the European Commission and the Member States may obtain a copy of the technical documentation and the results of the examinations carried out by the notified body. The notified body shall be in possession of a copy of the EU-type examination certificate, its annexes and additions, as well as of the technical file containing the documentation submitted by the manufacturer until the end of the validity of that certificate.

9. The manufacturer shall keep a copy of the EU-type examination certificate, its annexes and additions, as well as the technical documentation for a period of 10 years after the introduction of the pyrotechnic article on the market, at the disposal of the Directorate-General for Energy Policy and Mines.

Module C2: compliance with the type based on internal control of production plus monitored control of products at random intervals:

1. Conformity with the type based on the internal control of the production plus supervised control at random intervals of the products is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations set out in points 2, 3 and 4, and ensures and declares, under his sole responsibility, that the pyrotechnic articles in question are in conformity with the type described in the EU-type examination certificate and comply with the requirements of this Regulation which apply to them.

2. Manufacturing:

The manufacturer shall take all necessary measures to ensure that the manufacturing process and its monitoring ensure the conformity of the pyrotechnic articles manufactured with the type described in the EU-type examination certificate and with the requirements of this Regulation which apply to them.

3. Product control:

A notified body, chosen by the manufacturer, shall carry out checks on the product or perform at random intervals determined by the body in order to verify the quality of the internal control of the product, taking into account, inter alia, the technological complexity of the pyrotechnic articles and the quantity produced. An appropriate sample of the finished product, taken on site by the notified body prior to its placing on the market, shall be examined and appropriate tests, identified by the relevant parts of the harmonised standards, or equivalent tests laid down in other relevant technical specifications, shall be carried out to check the conformity of the pyrotechnic article with the type described in the EU-type examination certificate and with the relevant requirements of this Regulation. Where a sample does not reach an acceptable level of quality, the notified body shall take appropriate measures.

The acceptance sampling procedure to be applied is intended to determine whether the manufacturing process of the pyrotechnic article is carried out within acceptable limits with a view to ensuring the conformity of the pyrotechnic article.

The manufacturer, under the responsibility of the notified body, shall affix the notified body's identification number during the manufacturing process.

4. CE marking and EU declaration of conformity:

4.1 The manufacturer shall affix the CE marking to each pyrotechnic article which is in conformity with the type described in the EU-type examination certificate and satisfies the applicable requirements of this Regulation.

4.2 The manufacturer shall draw up an EU declaration of conformity for each product model and keep it at the disposal of the national authorities for a period of 10 years after the pyrotechnic article has been placed on the market. The EU declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the EU declaration shall be provided in accordance with the request of the competent authorities.

Module D: Compliance with type based on production process quality assurance

1. Conformity with the type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations set out in points 2 and 5, and ensures and declares, under his sole responsibility, that the pyrotechnic articles in question are in conformity with the type described in the EU-type examination certificate and satisfy the requirements of this Regulation which apply to them.

2. Manufacturing:

The manufacturer shall manage an approved quality system for production as well as for the inspection of finished products and tests for pyrotechnic articles as specified in point 3 and shall be subject to the surveillance referred to in point 4.

3. Quality System:

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

This request will include:

(a) the name and address of the manufacturer;

(b) a written declaration specifying that the same application has not been filed with another notified body;

(c) all relevant information according to the category of pyrotechnic article concerned;

d) the documentation relating to the quality system;

e) the technical documentation of the approved model and a copy of the EU type examination certificate.

3.2 The quality system shall ensure that pyrotechnic articles are in conformity with the type described in the EU type-examination certificate and satisfy the requirements of this Regulation which apply to them.

All the elements, requirements and provisions adopted by the manufacturer shall be contained in a documentation carried out in a systematic and orderly manner in the form of measures, procedures and instructions, all in writing. Such documentation of the quality system shall allow for a uniform interpretation of quality programmes, plans, manuals and dossiers.

In particular, it will include an appropriate description of:

(a) the quality objectives, the organisation chart and the responsibilities and powers of the management staff as regards the quality of the products;

b) the corresponding techniques, processes and systematic actions of manufacturing, quality assurance and quality assurance to be used;

(c) the examinations and tests to be carried out before, during and after manufacture and their frequency;

(d) quality records, such as inspection reports, test and calibration data, reports on the qualification of the staff concerned, etc., and

e) the means with which the achievement of the quality of the products required and the effective functioning of the quality system are monitored.

3.3 The notified body shall evaluate the quality system to determine whether it meets the requirements referred to in point 3.2.

It shall for alleged compliance with those requirements of the elements of the quality system comply with the corresponding specifications of the relevant harmonised standard.

In addition to experience in quality management systems, the audit team shall have at least one member who has experience in the field and the technology of the product concerned, as well as knowledge of the applicable requirements of this Regulation. The audit shall include an assessment visit to the manufacturer's premises. The team of auditors shall review the technical documentation referred to in point 3.1 (e) to check whether the manufacturer is able to identify the relevant requirements of this Regulation and to carry out the necessary examinations in order to ensure that the pyrotechnic article complies with those requirements.

The decision will be notified to the manufacturer. The notification shall include the conclusions of the audit and the reasoned assessment decision.

3.4 The manufacturer shall undertake to fulfil the obligations arising out of the approved quality system and to maintain it in a manner that continues to be appropriate and effective.

3.5 The manufacturer shall keep the notified body that has approved the quality system informed of any planned adaptation of that system.

The notified body shall assess the proposed adaptations and decide whether the modified quality system meets the requirements referred to in point 3.2 or whether a new assessment is necessary.

You will notify the manufacturer of your decision. The notification shall include the findings of the examination and the reasoned assessment decision.

4. Surveillance under the responsibility of the notified body:

4.1 The purpose of the surveillance is to verify that the manufacturer duly fulfils the obligations imposed on him by the approved quality system.

4.2 The manufacturer shall allow the notified body to enter the premises of manufacture, inspection, testing and storage for evaluation purposes and shall provide it with all the necessary information, in particular:

a) the documentation relating to the quality system; and

(b) quality records, such as inspection reports, test and calibration data, reports on the qualification of the staff concerned, etc.

4.3 The notified body shall carry out periodic audits to ensure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4.4 Furthermore, the notified body may make unexpected visits to the manufacturer. In the course of such visits, the notified body may carry out or carry out tests on the products in order to verify the proper functioning of the quality system. That body shall submit to the manufacturer a report of the visit and, if any test has been carried out, a report of the visit.

5. CE marking and EU declaration of conformity:

5.1 The manufacturer shall affix the CE marking and, under the responsibility of the notified body referred to in point 3.1, the identification number of the latter in each pyrotechnic article which is in conformity with the type described in the EU type-examination certificate and satisfies the applicable requirements of this Regulation.

5.2 The manufacturer shall draw up an EU declaration of conformity for each product model and keep it at the disposal of the national authorities for a period of 10 years after the pyrotechnic article has been placed on the market. The EU declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the EU declaration shall be provided in accordance with the request of the competent authorities.

6. The manufacturer shall keep at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market:

(a) the documentation referred to in point 3.1;

(b) the information relating to the adaptation referred to in point 3.5 that has been approved; and

(c) the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.

7. The notified body shall inform the Directorate-General for Energy Policy and Mines on approvals of quality systems issued or withdrawn, and shall, on a regular basis or upon request, make available to it the list of quality system approvals which it has rejected, suspended or otherwise restricted.

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

Module E: Compliance with type based on product quality assurance

1. Conformity with the type based on product quality assurance is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations set out in points 2 and 5, and ensures and declares, under his sole responsibility, that the pyrotechnic articles in question are in conformity with the type described in the EU-type examination certificate and satisfy the requirements of this Regulation which apply to them.

2. Manufacturing:

The manufacturer shall manage an approved quality system for the inspection of finished products and product testing as specified in point 3 and shall be subject to the surveillance referred to in point 4.

3. Quality System:

3.1 The manufacturer shall submit to a notified body of his choice a request for an assessment of the quality system relating to the pyrotechnic articles concerned.

This request will include:

(a) the name and address of the manufacturer;

(b) a written declaration specifying that the same application has not been filed with another notified body;

(c) all relevant information according to the category of pyrotechnic article concerned;

d) the documentation relating to the quality system; and

e) the technical documentation of the approved model and a copy of the EU type examination certificate.

3.2 The quality system shall ensure the conformity of pyrotechnic articles with the type described in the EU type-examination certificate and the applicable requirements of this Regulation.

All the elements, requirements and provisions adopted by the manufacturer shall be contained in a documentation carried out in a systematic and orderly manner in the form of measures, procedures and instructions, all in writing. The quality system documentation will allow for a uniform interpretation of quality programmes, plans, manuals and dossiers.

In particular, it will include an appropriate description of:

(a) the quality objectives, the organisation chart and the responsibilities and powers of the management staff as regards the quality of the products;

(b) the examinations and tests to be carried out after manufacture;

(c) quality records, such as inspection reports and data on tests and calibration, reports on the qualification of the staff concerned, etc.; and

d) the means by which the effective operation of the quality system is monitored.

3.3 The notified body shall evaluate the quality system to determine whether it meets the requirements referred to in point 3.2.

It shall for alleged compliance with those requirements of the elements of the quality system comply with the corresponding specifications of the relevant harmonised standard.

In addition to experience in quality management systems, the audit team shall have at least one member who has experience in the field and the technology of the product concerned, as well as knowledge of the applicable requirements of this Regulation. The audit shall include an assessment visit to the manufacturer's premises. The team of auditors shall review the technical documentation referred to in point 3.1 (e) to check whether the manufacturer is able to identify the relevant requirements of this Regulation and to carry out the necessary examinations in order to ensure that the pyrotechnic article complies with those requirements.

The decision will be notified to the manufacturer. The notification shall include the conclusions of the audit and the reasoned assessment decision.

3.4 The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it in such a way as to continue to be appropriate and effective.

3.5 The manufacturer shall keep the notified body that has approved the quality system informed of any planned adaptation of that system.

The notified body shall assess the proposed adaptations and decide whether the modified quality system meets the requirements referred to in point 3.2 or whether a new assessment is necessary.

You will notify the manufacturer of your decision. The notification shall include the findings of the examination and the reasoned assessment decision.

4. Surveillance under the responsibility of the notified body:

4.1 The purpose of the surveillance is to verify that the manufacturer duly fulfils the obligations imposed on him by the approved quality system.

4.2 The manufacturer shall allow the notified body to enter the premises of manufacture, inspection, testing and storage for evaluation purposes and shall provide it with all the necessary information, in particular:

a) the documentation relating to the quality system; and

(b) quality records, such as inspection reports, test and calibration data, reports on the qualification of the staff concerned, etc.

4.3 The notified body shall carry out periodic audits to ensure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4.4 Furthermore, the notified body may make unexpected visits to the manufacturer. In the course of such visits, the notified body may carry out or carry out tests on the products in order to verify the proper functioning of the quality system. That body shall submit to the manufacturer a report of the visit and, if any test has been carried out, a report of the visit.

5. CE marking and EU declaration of conformity:

5.1 The manufacturer shall affix the CE marking of conformity required by this Regulation and, under the sole responsibility of the notified body referred to in point 3.1, the latter's identification number in each pyrotechnic article which is in conformity with the type described in the EU type-examination certificate and satisfies the applicable requirements of this Regulation.

5.2 The manufacturer shall draw up an EU declaration of conformity for each product model and keep it at the disposal of the national authorities for a period of 10 years after the pyrotechnic article has been placed on the market. The EU declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the EU declaration shall be provided in accordance with the competent authorities upon request.

6. The manufacturer shall keep at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market:

(a) the documentation referred to in point 3.1;

(b) the information relating to the adaptation referred to in point 3.5 that has been approved; and

(c) the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.

7. The notified body shall inform the Directorate-General for Energy Policy and Mines on approvals of quality systems issued or withdrawn, and shall, on a regular basis or upon request, make available to it the list of quality system approvals which it has rejected, suspended or otherwise restricted.

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

Module G: Compliance based on unit verification

1. Conformity based on unit verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 5 and ensures and declares under his sole responsibility that the pyrotechnic article concerned, which complies with the provisions of point 4, is in conformity with the requirements of this Regulation which apply to it.

2. Technical documentation:

The manufacturer shall draw up the technical documentation and make it available to the notified body referred to in point 4. The documentation shall permit the assessment of the compliance of the pyrotechnic article with the relevant requirements and shall include an appropriate risk assessment and assessment. It shall specify the applicable requirements and shall, in so far as it is relevant for the assessment, design, manufacture and operation of the pyrotechnic article, provide for the technical documentation, where appropriate, including at least the following elements:

a) a general description of the pyrotechnic article;

b) the design and manufacturing plans and schemes of the components, subassemblies, circuits, etc. ;

(c) the descriptions and explanations necessary for the understanding of these plans and schemes and the operation of the pyrotechnic article;

(d) a list of harmonised standards, applied in whole or in part, and, where those harmonised standards have not been applied, the description of the solutions adopted to meet the essential safety requirements of this Regulation together with a list of other relevant technical specifications applied; in the case of harmonised standards which are applied in part, the parts that have been applied shall be specified in the technical documentation;

e) the results of the design calculations performed, the examinations performed, etc.; and

f) the reports on the trials.

The manufacturer shall keep the technical documentation at the disposal of the national authorities for a period of 10 years after the pyrotechnic article has been placed on the market.

3. Manufacturing:

The manufacturer shall take all necessary steps to ensure that the manufacturing process and its monitoring ensure the conformity of the pyrotechnic product manufactured with the applicable requirements of this Regulation.

4. Verification:

A notified body chosen by the manufacturer shall carry out appropriate examinations and tests, as provided for in the harmonised standards or equivalent tests laid down in other relevant technical specifications, to check the conformity of the pyrotechnic article with the applicable requirements of this Regulation. In the absence of such harmonised standards, the notified body concerned shall decide on the appropriate tests to be carried out.

The notified body shall issue a certificate of conformity concerning the examinations and tests carried out, and shall affix its identification number to the approved pyrotechnic article, or make it placed under its responsibility.

The manufacturer shall keep the certificates of conformity at the disposal of the national authorities for a period of 10 years after the pyrotechnic article has been placed on the market.

5. CE marking and EU declaration of conformity:

5.1 The manufacturer shall affix the CE marking and, under the responsibility of the notified body referred to in point 4, the identification number of the latter in each pyrotechnic article which satisfies the applicable requirements of this Regulation.

5.2 The manufacturer shall draw up an EU declaration of conformity and keep it at the disposal of the national authorities for a period of 10 years after the pyrotechnic article has been placed on the market. The EU declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the EU declaration shall be provided in accordance with the request of the competent authorities.

Module H: Compliance based on full quality assurance

1. Conformity based on full quality assurance is the conformity assessment procedure whereby the manufacturer fulfils the obligations set out in points 2 and 5 and ensures and declares, under his sole responsibility, that the pyrotechnic articles in question satisfy the requirements of this Regulation which apply to them.

2. Manufacturing:

The manufacturer shall manage an approved quality system for design and manufacture, as well as for the inspection of finished products and tests for pyrotechnic articles, as specified in point 3, and shall be subject to the surveillance referred to in point 4.

3. Quality System:

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

This request will include:

(a) the name and address of the manufacturer;

(b) the technical documentation for a model of each category of pyrotechnic articles intended to be manufactured; the technical documentation shall include, where appropriate, at least the following elements:

i. a general description of the pyrotechnic article,

ii. design and manufacturing plans and schemes of the components, sub-assemblies, circuits, etc. ,

iii. the descriptions and explanations necessary for the understanding of such plans and schemes and the operation of the pyrotechnic article,

iv. a list of harmonised standards, applied in whole or in part, and, where those harmonised standards have not been applied, the description of the solutions adopted to meet the essential safety requirements of this Regulation together with a list of other relevant technical specifications applied; in the case of harmonised standards which are applied in part, the parts that have been applied shall be specified in the technical documentation.

v. the results of the design calculations performed, the examinations performed, etc., and

vi. the test reports;

c) the documentation relating to the quality system; and

(d) a written declaration specifying that the same application has not been submitted to another notified body.

3.2 The quality system shall ensure that pyrotechnic articles comply with the applicable requirements of this Regulation.

All the elements, requirements and provisions adopted by the manufacturer shall be contained in a documentation carried out in a systematic and orderly manner in the form of measures, procedures and instructions, all in writing. Such documentation of the quality system shall allow for a uniform interpretation of quality programmes, plans, manuals and dossiers.

In particular, it will include an appropriate description of:

(a) the quality objectives, the organisation chart and the responsibilities and powers of the management staff as regards the design and quality of the products;

(b) the technical specifications for design, including the rules to be applied as well as, where the relevant harmonised standards are not to be fully implemented, the means with which compliance with the essential safety requirements of this Regulation shall be ensured;

(c) design verification and verification techniques, processes and systematic measures to be used when designing pyrotechnic articles as regards the category of pyrotechnic articles concerned;

d) the corresponding techniques, processes and systematic actions of manufacturing, quality assurance and quality assurance to be used;

e) the tests and tests to be carried out before, during and after manufacture and their frequency;

(f) quality records, such as inspection reports, test and calibration data, reports on the qualification of the staff concerned, etc.; and

g) the means by which the achievement of the design and the quality of the required product is followed, as well as the effective functioning of the quality system.

3.3 The notified body shall evaluate the quality system to determine whether it meets the requirements referred to in point 3.2.

It shall for alleged compliance with those requirements of the elements of the quality system comply with the corresponding specifications of the relevant harmonised standard.

In addition to experience in quality management systems, the team of auditors shall have at least one experienced member as an evaluator in the field and technology of the product concerned, as well as knowledge of the applicable requirements of this Regulation. The audit shall include an assessment visit to the manufacturer's premises. The team of auditors shall review the technical documentation referred to in point 3.1 (b) to check whether the manufacturer is able to identify the applicable requirements of this Regulation and to carry out the necessary examinations in order to ensure that the pyrotechnic article complies with those requirements.

The decision will be notified to the manufacturer.

The notification shall include the findings of the audit and the reasoned assessment decision.

3.4 The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it in such a way as to continue to be appropriate and effective.

3.5 The manufacturer shall keep the notified body that has approved the quality system informed of any planned adaptation of that system.

The notified body shall assess the proposed adaptations and decide whether the modified quality system meets the requirements referred to in point 3.2 or whether a new assessment is necessary.

You will notify the manufacturer of your decision. The notification shall include the findings of the examination and the reasoned assessment decision.

4. Surveillance under the responsibility of the notified body:

4.1 The purpose of the surveillance is to verify that the manufacturer duly fulfils the obligations imposed on him by the approved quality system.

4.2 The manufacturer shall allow the notified body to enter the premises of manufacture, inspection, testing and storage for evaluation purposes and shall provide it with all the necessary information, in particular:

a) the documentation relating to the quality system;

(b) the quality records provided for in the part of the quality system dedicated to the design, such as analysis results, calculations, tests, etc.; and

(c) the quality records provided for in the part of the quality system dedicated to manufacturing, such as inspection reports, test and calibration data, reports on the qualification of the staff concerned, etc.

4.3 The notified body shall carry out periodic audits to ensure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4.4 Furthermore, the notified body may make unexpected visits to the manufacturer. In the course of such visits, the notified body may carry out or carry out tests on the products in order to verify the proper functioning of the quality system. That body shall submit to the manufacturer a report of the visit and, if any test has been carried out, a report of the visit.

5. CE marking and EU declaration of conformity:

5.1 The manufacturer shall affix the CE marking and, under the sole responsibility of the notified body referred to in point 3.1, the identification number of the latter in each pyrotechnic article which satisfies the applicable requirements of this Regulation.

5.2 The manufacturer shall draw up a declaration of conformity for each product model and keep it at the disposal of the national authorities for a period of 10 years after the pyrotechnic article has been placed on the market. The EU declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the EU declaration shall be provided in accordance with the request of the competent authorities.

6. For a period of 10 years after the pyrotechnic article has been placed on the market, the manufacturer shall have at the disposal of the national authorities:

(a) the technical documentation referred to in point 3.1;

(b) the documentation concerning updates to the quality system referred to in point 3.1;

(c) the information regarding the adaptation referred to in point 3.5 that has been approved; and

(d) the decisions and reports of the notified body referred to in points 3.5, 4.3 and 4.4.

7. The notified body shall inform the Directorate-General for Energy Policy and Mines of the approvals of the quality systems issued or withdrawn and, on a regular basis or upon request, shall make available to it the list of quality system approvals which it has rejected, suspended or otherwise restricted.

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

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 4

Cataloging pyrotechnic articles

1. Object and scope of application

This ITC aims to establish the procedure for the cataloging of fireworks and pyrotechnic articles provided with CE marking of categories F1, F2, F3, F4, T1, T2, P1, P2, as well as of products regulated by Royal Decree 809/1999 of 14 May, governing the requirements to be met by marine equipment intended to be shipped on ships, pursuant to Directive 96 /98/EC, as amended by Directive 98 /85/EC.

In the same way, this technical instruction will apply to the regulated materials destined to be placed on the market among manufacturers, according to the provisions of Article 18 of the Regulation of pyrotechnic articles and cardboard.

The pyrotechnic devices of category F2, F3, F4, T1, T2, P1 and P2 which do not need CE marking and which are intended to be used exclusively by the manufacturer itself, remain outside the scope of this ITC, except as provided for in paragraph 4.

2. Generalities

The catalogue number attributed to a pyrotechnic article subject to Directive 2007 /23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles shall correspond to the registration number of the European Official Catalogue.

For the artifices regulated by Royal Decree 809/1999, of May 14, the number of cataloging will be assigned according to its conformity marking and must appear in the article and in the minimum unit of sale.

The cataloging of pyrotechnic articles for categories F1, F4 and use in the navy will entail the authorization of storage, distribution, marketing or sale of such articles. For the placing on the market or sale of pyrotechnic articles of categories F2, F3, T1, T2, P1 and P2, compliance with the additional requirements laid down in ITC No 5 shall be required.

For the purposes of this JTI, the regulated materials referred to in Article 18 of the Regulation on pyrotechnic articles and paperboard shall be considered as pyrotechnic articles of category F4 when they are intended to be used only as components of pyrotechnic devices, and as pyrotechnic articles of category P2 when they are to be used as components of both pyrotechnic and pyrotechnic articles.

3. Procedure for cataloging

Catalog include request:

The cataloging of a pyrotechnic article will be requested in writing, as reflected in the annex of this Supplementary Technical Instruction, the manufacturer, importer or distributor who first intends to introduce the pyrotechnic artifice in the Spanish territory, to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, indicating the following:

a) Identification of the applicant.

(b) Identification of the manufacturer or importer, indicating the factory or workshop where the pyrotechnic article is manufactured to which the conformity modules D, G or H are applied, as appropriate.

c) Identification, if any, of the entity supporting the product control module (modules C2 and E).

d) Categorization of the article or artifice.

e) Type or family of item or artifice.

f) Commercial name.

Accompanying the application will be accompanied by the following documentation written at least in Spanish:

(a) Model Declaration of Conformity with the essential security requirements defined in the European Union Directive that applies to it, issued by the manufacturer or his agent in the European Union.

b) Technical memory of the product whose cataloging is requested, comprising the description, characteristics and properties, with sufficient information.

c) Copy of documents issued by the notified bodies for conformity assessment, if applicable:

i. EU type examination (module B) on which the declaration of conformity and notification of the application of the modules is based: C2 Conformity with the type based on the internal control of the production plus supervised control at random intervals, D conformity with the type based on quality assurance of the production process, E conformity with the type based on the quality assurance of the product, or F Verification of the product (only in the case of products regulated by Royal Decree 809/1999, of 14 May), which the manufacturer has chosen for the manufacturing phase, or

ii. Module G Quality Certificate: Compliance based on unit verification, or

iii. Quality certificate Module H: conformity based on full quality assurance.

d) UN number proposal, risk division and compatibility group.

e) The security data sheet, if any.

(f) Scheme of labelling in accordance with harmonised European rules of application, and instructions for use.

As provided for in Article 24 of Law 11/2007, of June 22, of electronic access of citizens to Public Services, applications for the cataloging of pyrotechnic articles can be submitted electronically, with electronic certificate, in the electronic headquarters of the Ministry of Industry, Energy and Tourism.

Notification to the interested party:

In the case of pyrotechnic articles of categories F1, F4 and of products regulated by Royal Decree 809/1999, of 14 May, in the light of the documentation presented, the Directorate General of Energy Policy and Mines will proceed to include the pyrotechnic artifice requested in the Register, and will assign the division of risk and group of compatibility in the case of introduction in the market, communicating it to the interested party.

In the case of pyrotechnic articles of categories F2, F3, T1, T2, P1 and P2, in the light of the documentation presented, the Directorate-General for Energy and Mines shall proceed to include the pyrotechnic article requested in the Register, thus notifying the person concerned by resolution. The content of the resolution shall specify at least the following information:

(a) Order number, which shall correspond to the number of the European Official Catalogue. Category of article.

b) UN number, risk division and compatibility group. Manufacturer or importer.

c) Reference to the certification of the CE marking and the quality module applied to the manufacturing phase.

d) Restrictions for sale, if applicable.

In the case of use of module C, cataloging is limited to the batch to which it is the object of the certificate of compliance with the type

In the event that the documentation provided does not comply with paragraph 3 of this ITC, the General Directorate of Energy Policy and Mines shall notify the applicant of this fact for its purpose.

Changes to the cataloged product or item:

Any modification concerning the characteristics of the pyrotechnic article which may affect the CE marking shall be communicated to the notified body which shall evaluate the new conditions and issue a certificate supplement or a new one, if any. With the new documents, the interested party will inform the Directorate General of Energy Policy and Mines.

4. Articles manufactured by the manufacturer for its own use

In the case of pyrotechnics workshops that manufacture products intended for their own use and therefore exempt from the provisions of the CE marking and cataloguing, the workshop holder shall have a factory audit certificate in accordance with the procedure laid down in the Technical Specification 4.01.

The articles manufactured by the pyrotechnics workshops are included in this section, for use by consumers recognized as experts, according to article 21.5, whose manufacture is authorized by Resolution of the General Directorate of Energy Policy and Mines.

ANNEX

Request Model

D. .....................................................................................................................................

In your own name or in representation of ......................................................................

Home for notification purposes in:

...............................................................................................................................................

...............................................................................................................................................

with NIF/NIE n. º .................................................., n. phone number ......................................., n. ° fax ........................................, as [manufacturer, importer, distributor, other (identify)]

REQUEST

The inclusion in the Catalogue of the pyrotechnic article of type .................................. of category .................................................................... (or product covered by Royal Decree 809/1999 of 14 May 1999 governing the requirements to be met by marine equipment intended to be shipped on ships, pursuant to Directive 96 /98/EC, as amended by Directive 98 /85/EC), which shall be placed on the market with the name .........................................................

For D, G, and H compliance modules:

The product has been (manufactured or imported) by the company ............................................

at the factory ..........................................................................................................................

For C2 and E compliance modules:

The entity that supports the product control module is ......................................

...............................................................................................................................................

(The corresponding documents in paragraph 3 of ITC No. 4 of the Regulation on pyrotechnic articles and cardboard are accompanied.)

In ............................................... to ........... of ....................... of ............................

(Authorized Signature)

TECHNICAL SPECIFICATION 4.01

Minimum criteria for quality assurance and management

1. Object

This technical specification aims to establish the minimum control requirements in the manufacture of pyrotechnic devices in pyrotechnic workshops that manufacture articles for their own use.

2. Assessment criteria

2.1 Manufacturers must have and demonstrate the evidence of the application of a Quality System based on the following general principles contained in the European Standard for Quality Management.

(a) Availability of a Quality Manual and/or written procedures, or similar documents, where the means of compliance with all aspects developed in the following points are clearly collected.

(b) A clear definition of responsibilities, authority and means of communication for all staff who lead, carry out or verify tasks that have an impact on quality control.

(c) Establishment of a clear system of control, approval and revision, or modification, of all documents having an impact on quality control (in particular Manual of quality and/or procedures, or similar documents; records and records of test results, verifications and measurements, and calibration of equipment) that will include the minimum file period of the documents.

(d) Establishment of the necessary procedures for the identification and traceability of manufactured products, including in the intermediate stages of manufacture.

e) A concise definition of the controls and tests to be carried out on raw materials, semi-finished products and final products and the criteria to be applied, which should be based in general, in the existing National or International Standards. Any variation on the test or verification model, proposed in a standard, shall be collected in a concise manner.

f) An inventory listing of all available measurement and test equipment shall be kept up to date, indicating in it, when applicable, the dates of the last and next calibration and whether the calibration is internal or external. The procedure followed shall be indicated in the case of internal being.

g) The appropriate documentary means must be arbitrated to ensure that the inspections and tests are carried out with calibrated instruments and with the necessary uncertainty.

(h) A procedure shall be clearly established to ensure knowledge of the status of inspection and/or testing of products, raw materials or intermediate products.

i) Clear formulas should be established for the treatment of non-compliant products in any manufacturing state, which are normally detected in inspection and/or testing. Likewise, the examinations, studies and assessments to be carried out on the causes of the non-conformities and their possible corrections will be defined.

(j) Where special means of storage of raw materials or finished products are necessary, the areas and/or means for the purpose shall be clearly defined.

k) A periodic system of internal controls shall be established for the observance of all aspects included in the Quality Manual and/or Procedures. The results of the control will be documented and archived together with the corrective actions taken and their subsequent solution.

l) In case of subcontracting of tests, the manufacturer must ensure that the subcontracted complies with the applicable aspects of this criterion, maintaining as its own the corresponding documentary record.

(m) All records relating to the quality shall be easily identifiable with the product under control, and should be able to be located quickly at the manufacturer's premises.

n) Where appropriate, the need for training and training of personnel carrying out specific tasks should be documented, keeping records showing the necessary training.

2.2 The control of manufacturing processes must be defined taking into account both the nature of the artifice, object or matter, as well as the type of manufacture used, and apply at least in the reception of raw or semi-finished materials, and in the final product.

2.3 If the manufacturer has a Quality Management System certified according to standards harmonised by an entity accredited by the National Accreditation Entity (ENAC), the control body may limit the audit to check the adequacy of the established manufacturing and control procedures, in order to ensure the conformity of the products, by examining at least:

a) Manufacturing procedures and control techniques.

b) Controls and tests performed before, during and after manufacture, and frequency with which they are performed.

c) Means of surveillance to obtain the necessary quality of the products.

2.4 The control body shall inform the manufacturer by means of an inspection report of the results of the verifications carried out on the production control and, where appropriate, issue a certificate of compliance with the requirements of this Technical Specification.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 5

Requirements for the sale or marketing of pyrotechnic articles of categories F2, F3, P1 and T1

1. Object and scope of application

This ITC aims to establish the specific requirements for the sale or placing on the market of pyrotechnic articles of categories F2, F3, P1 and T1 in the national territory, in accordance with Article 11 of the Regulation on pyrotechnic articles and cardboard and in Article 4.2 of Directive 2013 /29/EU of 12 June 2013 on the harmonisation of the laws of the Member States relating to the placing on the market of pyrotechnic articles (recast).

2. Definitions.

Double or triple thunder: tube containing two or three portions of black powder connected by a delay wick and producing a detonation causing the ascension followed by a second and third detonation.

Friction thunder: wick or black powder thunder whose ignition device is a friction head.

3. Requirements for sale or marketing.

3.1 The sale or sale to the public of pyrotechnic articles of multiple thunder and friction thunder is prohibited.

3.2 The sale or sale to the public of those devices of categories F2 and F3 is prohibited, requiring manual ignition not to be carried out by means of direct flame or brase.

3.3 The sale or sale to the public of different pyrotechnics of categories F1, F2, F3, T1 and P1 shall be prohibited for each of them provided with CE marking, connected or machined with each other, except those designed for that purpose, having their own CE marking.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 6

Identification on Carthery Sales Packaging

1. Object

This ITC aims to establish rules for the identification of cardboard that is marketed in the domestic market.

2. Identification

The minimum content to be included in the cartons shall be:

Manufacturer name, batch identification number, gauge, and cartridge type.

The minimum content to be included in the cardboard packaging shall be:

Manufacturer name, gauge, and cartridge type.

In addition to the packaging for sale of cardboard, the following sentence will be included: " ATTENTION-Danger of fire or projection. Keep away from heat, hot surfaces, sparks, open flames and any other source of ignition. Do not smoke. "

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 7

Conformity Marking

The CE marking of conformity is composed of the initials "CE" as it appears in the following graphic:

In case the marking is reduced or increased, the same proportions as indicated in the scale of the above graphic must be respected.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 8

Shows with pyrotechnics performed by experts

1. Object and scope of application

This is the purpose of this ITC is the regulation of pyrotechnic spectacles performed by experts with articles of category F1, F2, F3, F4, T1, P1, T2, P2 and unmarked CE.

This ITC will also be applicable in the case of spectacles performed with pyrotechnic articles of categories F1, F2, F3, T1 and P1 which, as a whole, exceed 10 kilograms of NEC, in which case they shall be carried out by experts, in addition to the other requirements of this technical instruction, as set out in Article 141.5.

The mechanization by non-experts of artifices of the categories F1, F2 and F3 is prohibited, as well as their initiation by electrical system.

The collective use of articles in categories F1, F2, F3, T1 and P1 bearing CE marking shall not be regarded as pyrotechnic, and is therefore excluded from the scope of the application of this technical instruction.

Additionally, this ITC regulates the use or shooting of pyrotechnic articles in categories P2 and T2 that are not considered to be shows or when they are part of another non-pyrotechnic show.

2. Definitions

For the purposes of this ITC, it is understood by:

a) Launch zone: Space specially bounded and protected by the staff of the expert company and monitored by the organizing entity, destined exclusively to the assembly of the spectacle and launch of the fireworks.

b) Security zones: Spaces surrounding the launch area, monitored by the organizing entity, which delimit the presence of the audience and buildings, and whose purpose is to provide them with a reasonably safe development of the show.

c) Security distance: Distance between the mortars of the launch zone or the mortar of the highest caliber article and the perimeter line of the security zones.

(d) Organizer Entity: Natural or legal person, public or private, who organizes the show, on public or private land, and who assumes before the Administration and the public the responsibility for the celebration of the show.

(e) Business of experts: A natural or legal person holding a preparation and assembly workshop that meets the requirements set out in this ITC, and to which the organizing entity handles the provision of the service, including the assembly operations of the show and the performance of the firing by personnel belonging to that company.

f) Expert: Person linked to the expert company which, having the expert meat, performs the operations of unpacking, assembling, handling and firing of pyrotechnic articles.

In the case of use of pyrotechnic articles of category P2, an expert shall be understood to mean a person linked to an entity using pyrotechnic articles of category P2 (outside pyrotechnic spectacles) which, having the meat of an expert, performs the operations of handling and use of such pyrotechnic articles.

g) Apprentice: Person linked to the company of experts who, having the meat of the apprentice, performs, under the supervision of the experts, operations of unpacking, assembly and manipulation and connection of the artifices not being able to carry out the shot.

h) Launch angle: The one formed by the vertical and the longitudinal axis of the mortar or launch device.

i) Shooting line: A set of electrical conductors that are part of the electrical circuit required for the firing by electrical ignition devices.

j) Auxiliary personnel: Support personnel, not necessarily linked to the expert company, which collaborates in the assembly, disassembly and always without the existence of pyrotechnic material.

k) Charged with the expert company: Person appointed by the expert company that assumes the direction of assembly and shot, being the interlocutor of the expert company with the organizing entity and the competent authorities.

l) Charged with the organizing entity: Person designated by the organizing entity that assumes the surveillance and control of the contents of the security plan and the emergency plan, as well as the security measures established in this ITC and in the authorization of the show.

3. Approval of shows

Shows with fireworks made by experts whose NEC is more than 10 kilograms and less than or equal to 100 kilograms may only be made after notification to the Government Delegation by the show's organising entity, at least 10 days in advance. The administration may expressly refuse the show if the requirements laid down in this ITC for each type of show are not met.

The spectacles with fireworks made by experts whose NEC is greater than 100 kilograms can only be performed with express authorization from the Government Delegation, prior to the report of the Functional Area of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard of the Command that corresponds, to which effect the organizer of the show must present the corresponding request with a minimum of 15 working days in respect to its celebration.

The notification or authorization of the show does not relieve the need for other authorizations, but will serve as a substantial basis for them.

The Government Delegation will send a copy of the notification or authorization of the show to the Arms and Explosives Intervention of the Civil Guard of the corresponding Command, and to the Functional Area of Industry and Energy.

The documents required for the processing of the authorisation for the conduct of pyrotechnic spectacles shall be as follows:

(a) Application for authorisation or notification with a responsible statement, in accordance with the model set out in Annex I to this ITC.

(b) If the launch area of the show affects public or private roads or spaces, a document proving the conformity of the Competent Authority or the owner of the ground in the locality for the firing of the devices, in which the NEC is also specified. This requirement shall not be required where the Competent Authority or the owner of the land is the organisation of the show. In the event that its rightful owner is unknown or cannot be located, a statement responsible for these ends will be sufficient for the event organizer himself.

(c) Safety plan for shows of which the NEC is more than 50 kilograms and less than or equal to 100 kilograms, which shall comprise the provisions of paragraph 5 of this ITC. Safety and emergency plan for shows of which the NEC is more than 100 kilograms, which shall comprise the provisions of paragraph 5 of this ITC.

d) Certification of insurance company or financial institution of the corresponding guarantee to cover its civil liability subscribed by the organizer of the show, which contemplates the organization of the show object of the application. Such a policy or guarantee certificate must be a guarantee of the damage resulting from the responsibility of the organizer, in accordance with the tasks assigned to him or her defined regulations, in the plans of security and emergency or in the authorization itself. At least one capital of 500 € per kilogram of regulated matter must be covered and at least € 188,722.

The financial guarantee may be generic for all the shots organized by the organizing entity during the insured period, not being required in this case a guarantee certificate or specific policy for the specific show requested.

e) Certification of insurance company or financial institution of the subscription of the financial guarantee covering the civil liability subscribed by the company of experts, covering the performance of the requested show, and at least, it must cover a capital of 754,764 € of civil liability.

This policy or guarantee certificate may be generic for all the shots made by the company during the insured period, not being required in this case a guarantee certificate or specific policy for the specific show requested. Such a policy or guarantee certificate must be a guarantee of the damage resulting from the liability of the undertaking of experts, in accordance with the tasks assigned to it, as defined in the regulations, in the safety and emergency plans or in the authorization itself.

A single policy or guarantee covering the cases described in points (d) and (e) shall be accepted. In both cases, instead of the certification of insurance company or financial institution, the certificate issued by the credit institution may be presented, if a guarantee or guarantee has been contracted for the same amount.

f) Identification of the company of experts performing the show, whose name will be entered in the authorization, including the following data:

1. Copy of the authorization of the preparation and assembly workshop, or in its case of manufacture.

2. Justification of the storage capacity in the preparation and assembly workshop, quantity that must be superior to the one that will be fired in the show.

3. Relationship of pyrotechnic articles to shoot, detailing type, expected launch angle, number, and NEC per item, both for CE marked items, such as those of own non-CE marked manufacturing, and total of the set. Variations shall be permitted at the time of the trip, provided that they do not result in an increase in the safety distance or affect other aspects of the safety of the spectacle.

4. The expected time for the firing of each section or homogeneous assembly.

5. Sequence of the shot by sections with the order of the same, including its outline in graphic and symbolic representation.

6. Identification of the experts and trainees who will be involved in the show, as well as their potential alternates, with copies of the corresponding certificates of skills, as well as the identification of the person appointed as the person in charge during the development of the show, or his/her potential alternate. In the event that it is impossible to determine in advance which experts or trainees will intervene in the show, the certificates and the meat of all the experts and apprentices of the company will be presented, among which they must be the ones who will perform the trip.

7. Working document to justify the situation of the company, the experts and the apprentices.

8. If applicable, a contractual document between undertakings of experts of the disposal of qualified personnel for the performance of the show. In the case of subcontracting documents of acceptance of the contractor of the executing company of the show.

9. Responsible declaration by the owner of the business owner of the company of experts to comply with the requirements laid down in Law 31/1995, of 8 November, of Prevention of Occupational Risks, and its regulations of development, for the activity of the shot and in particular for the intended spectacle.

g) Security distances, accompanied by a plane of the site where these distances are pointed out.

In case the company of experts is foreign, it must present these documents or equivalents duly translated at least to Spanish.

In performing spectacles with fireworks performed by experts whose NEC is more than 10 kilograms and less than or equal to 50 kilograms in which only the Government Delegation is required to be notified, the host organisation of the show shall be responsible, from the time it makes the notification, for the provision of the documents referred to in sub-sections (b), (e), (f1), (f2), (f3), (f4), (f6), (f7), (f9) and (g) of this ITC. The responsible notification-declaration shall conform to the model set out in Annex I to this ITC.

In performing spectacles with pyrotechnics performed by experts whose NEC is more than 50 kilograms and less than or equal to 100 kilograms in which only the Government Delegation is required to be notified, the event organizer shall present the Security Plan in accordance with paragraph 3 (c) and paragraph 5 of this ITC, and shall be responsible, from the time it makes the notification, for the provision of documents (b), (e), (f1), (f2), (f3), (f8), (f9), and (g) of this paragraph 3 of this ITC. The responsible notification-declaration shall conform to the model set out in Annex I to this ITC.

The application for authorization, notification and the associated documentation referred to in this paragraph, may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

The Government and Ayalcós delegations may not require the organizing entity for each show, that information and documentation in force that is already in its possession, including the one related to the company of experts, as a consequence of previous shows requested by that entity organized or carried out by the company of experts, with indication of the data of the previous pyrotechnic show and accompanied by a declaration on the permanence of the validity of the documents contributed.

4. Requirements for the performance of the show

General requirements:

4.1 It will be the sole responsibility of the company of experts responsible for carrying out the launch, the legal adequacy of the fireworks to be used in the show, as well as the conditions of packaging and packaging to the requirements that in this respect will establish the regulations that are applicable on these matters.

4.2 The company of experts shall be responsible for ensuring the safety in the transport, use and operation of self-made pyrotechnic products which do not have CE marking, for which the manufacturer's criterion must be met, at least some essential safety requirements equivalent to those indicated for CE marked products in ITC No 2.

4.3 It will also be the sole responsibility of the company of experts responsible for carrying out the launch, the legal adequacy of the accessories and proof of line of shooting to the legal requirements that apply to it.

4.4 As soon as fireworks are in the place where the spectacle is to be held and do not constitute special storage, the staff of the expert undertaking shall ensure that the effects on the material are prevented by the meteorological agents or similar circumstances.

4.5 Furthermore, pyrotechnic devices must be protected by the organising organisation, in order to prevent the actions of persons likely to affect the safety of the spectacle. Such protection, in the case of spectacles performed by experts in which more than 100 kilograms (NEC) are used, must be carried out by means of human surveillance belonging to a private security firm, forces and security bodies that are dependent on the Organizer Entity, taking due account of the previous report issued in this respect by the Arms and Explosives Intervention of the Civil Guard of the relevant Command.

4.6 Vehicles carrying pyrotechnic devices shall be considered as special storage in accordance with Article 102 of the Regulation on pyrotechnic articles and cardboard, for which they must comply, in addition to those laid down in the ADR rules in force with regard to the surveillance of vehicles which transport dangerous goods, at least the following requirements:

The vehicle load and box must remain closed.

The proximity of heat sources such as electric generators, compressors, other vehicles, etc. should be avoided.

The minimum distance of 250 metres must be met with special hazardous facilities or sites such as petrol stations or dangerous product depots.

4.7 The removal of pyrotechnic remains originating from the firing of fireworks shall be governed as laid down in ITC No 12.

4.8 The company of experts will keep for three years record of all its performances along with the documents listed in this ITC and which are of its competence, as well as of the artifices used in each show.

Security zones (see Annex III):

4.9 For each show, a public safety zone and a security zone will be established for the buildings. The safety zone for the public must be closed or bounded by means of fencing, ropes, tapes or similar system, sufficiently monitored by the organising body.

4.10 The perimeter of the security zones will be determined by the security distances, which will be calculated according to the following tables. However, upon sufficiently reasoned justification with appropriate security measures proposed by the expert undertaking, or by the organising body with the acceptance of the expert undertaking, the Government Delegation may authorise the reduction of these minimum distances, upon request of the organising organisation.

			Distances in Shows with Ground Fire, from the Highest Caliber Artifice
Calibre Of The Artifice (Mm)	Distances (M)
	Buildings	To The Public
20	2	10
30	3	12
40	4	14
50	10	20
60	20	30
70	30	40

						Distances in air-fire shows (casings, thunder volcanoes, or casings) from the highest caliber artifice
Calibre of the barrel or mortar (mm)	Coefficient to apply for the calculation of distance to the public	Public safety distance (m)	Security Distance to Buildings (m)	Replay Change Homes	Height for non-vertical launch (angle less than 30 °). Coefficient b (m)
50	0.5	25	10	Increase security distances by 30%	60
60	0.6	36	15		70
75		45	25		90
100		60	35		110
120					130
			75		60
	150	0.8	120		65	160
140
			145		80	190
	200	1	90			90
			100			260
	300		300		120	320
350	350		140		380

Calibre

of the artifice (mm)

56

			Distances in Shows with Roman Candles, from the Highest Caliber Artifice			Height in non-vertical launch (angle less than 30 °). Coefficient b (m)
	Distances (m)
	Distances (m)
buildings	To the public
to 50	10	25	60
to 60	15	48	70
to 70	25	56	90
56

			Distances in Shows with Color-Only Volcanoes, from the Highest Caliber Artifice
Calibre Of The Artifice (Mm)	Distances (M)
	Buildings	To The Public
To 50	10	25
75	25	35
to 100	40	50
to 120	50
to 150	60	75

For calibers lower than those indicated in the above tables, the coefficient of 0.50 for the safety distance of the public and 0.20 for the buildings shall be applied.

In the case of flying the minimum distances will be the following: No wind (wind speed of less than or equal to 5 m/s), 50 meters to the public and 25 meters to buildings. With wind (wind speed greater than 5 m/s), 100 meters to the public and 50 meters to buildings.

The distances indicated in the above tables will also be applied for water shows.

All the distances indicated in the above tables for pyrotechnics shall be valid unless the manufacturer's instructions for use are more than those contained in them.

For items of category T1 and T2 used in shows, the safety distances in the direction of the effect and the radial, indicated on the label, shall be taken into account.

4.11 In the case of non-vertical launch, the safety distance from the public shall be prolonged in the direction and direction of the projection of the intended trajectory, in the distance obtained by the expression:

d = b tan α

Being:

d: the security distance increase in meters.

α: the angle of the shot from the vertical.

b: coefficient defined in tables equal to the height achieved by the artifice.

The launch angle shall in no case exceed 30 degrees in respect of the vertical, with the exception of shooting in aquatic spectacles with no public in that direction.

4.12 When the security zone is on a higher level than the launch zone, the organizing entity will adapt the security zone to the best protection of the spectators, within the established minimum.

4.13 Between the building safety zone and the public safety zone (ring-ring of the Annex III scheme), there should be no hospitals, clinics, third-age homes, police centres, emergency centres, or other buildings, structures or routes of communication, among other railway infrastructure, roads, airports, etc., which, due to their special sensitivity to the risk, are susceptible to accidents affecting the safety of the population. Also, if the show is developed during hours of school activity, there will be no educational centers.

The buildings listed in the previous paragraph may only be in the public safety zone.

4.14 When there are inhabited buildings other than those mentioned in the previous paragraph between the building safety zone and the public safety zone (ring-ring of the outline of Annex III), the organising entity shall announce this and prevent the affected population with adequate means of dissemination and in good time. Where the organising organisation is private, such dissemination shall be carried out through the relevant municipal authority. This requirement shall not be required in the case of spectacles performed by experts in which more than 10 kilograms and less than 50 kilograms (NEC) are used.

Monuments or architectural works with artistic, historical or social value may be found between the building safety zone and the public safety zone, provided that there is no incompatibility with the Administration of which such buildings are dependent, in the event of being publicly owned, in which case, it will require the conformity of said Administration.

4.15 The expert company will be responsible for having pyrotechnic articles in line with safety distances.

4.16 The company of experts will propose the corresponding increase of the safety distance, depending on the orography of the place and the density of building and population.

4.17 Corresponding to the organizing entity shall determine the location and delimitation of the security zones, in accordance with the provisions of this paragraph.

Launch Zone:

4.18 The launch area must be permanently protected by cordoning, fencing or similar system.

4.19 Once there is a regulated area in the area, experts and apprentices and, where appropriate, persons assigned to the organising body or the competent authority in the authorisation of the show with inspection functions may be accessed by the launch area. By way of exception, and under the responsibility of the undertaking of experts, other persons with the express authorisation of the person in charge of the expert undertaking may have access and are accompanied at all times by an expert.

4.20 While the show is in progress, only the necessary experts and authorised trainees will be allowed to remain in the launch area.

4.21 The presence of any person within the area of launch that is under the influence of alcohol or drugs that may affect their judgment, movements or stability in a negative way for the security that is required in this area shall not be permitted.

4.22 The pyrotechnic device placement area shall have the following characteristics:

(a) The soil must have sufficient consistency and not present easily combustible or susceptible elements to be projected. It must also be flat and horizontal or allow a support base with these characteristics for the launch devices.

(b) Your location shall prevent the trajectory of the devices from matching any raised object, obstruction or obstacle that may affect the safety of the launch.

4.23 The fixing of the launch devices must make it impossible to deviate from the expected launch angle.

4.24 All mortars must be inspected prior to installation, in search of defects such as dents, bent edges and damaged interiors, the defective being discarded.

4.25 Individual mortars shall be buried in at least 30% of their length, either on the ground or with sandbags. Mortars that can be damaged with moisture from the ground will be placed inside an airtight plastic bag before burying them.

The mortars placed in battery must be subjected to the structure thereof by welding, bolting or holding with clamps to prevent the release thereof, and aided by sandbags at their ends and clamping bars to make any deviation from the launch angle impossible.

4.26 The electric firing units must have a system that forces two positive actions for the initiation of the firing. The automatic actuation firing units after their initiation must also be equipped with an emergency switch with a lock, which allows the firing sequence to be interrupted in the event of a fortuitous occurrence that provides an unexpected risk situation.

4.27 In the case of electric firing, the test of the firing line shall be carried out using a line checker with a certification of conformity in accordance with the provisions in force in this respect.

4.28 The expert company must have sufficient number of experts and apprentices to carry out the launch of the devices at each show. In accordance with the rules on the prevention of occupational risks, such staff shall in each case be aware of the risks and safety required during each particular launch, as well as the measures to be taken where appropriate.

4.29 The organising organisation shall ensure compliance with the requirements set out in paragraphs 18 to 22 of this paragraph 4. Similarly, the company of experts shall be responsible for the compliance with the provisions of paragraphs 23 to 28 of this paragraph 4.

5. Security and Emergency Plan

5.1 The organisation of the show shall, in the case of spectacles carried out by experts in which more than 50 kilograms (NEC) be used, submit a Safety Plan signed by competent technical staff, whether or not, in that matter, to the relevant Government Delegation, which shall include measures to prevent the possibility of accidents, and shall include at least the following information:

a) Identification and protection provided for the launch area up to the time of the start of the show, as set out in this ITC.

b) Planned protection for the security zone during the development of the show, according to what is established for this ITC.

(c) Declaration where appropriate, of the non-existence of buildings referred to in point 4.13 of this ITC.

(d) Human and material equipment required and intended for the purpose of protection and compliance with established security measures.

e) Plano in which the exact situation and delimitation of the launch area and its surrounding area within a radius of 500 meters are present.

f) Delimitation of the launch zone, the safety zones, as well as representation of the safety distances and their measurement in meters.

g) Type of item and maximum caliber in vertical pitch (indicating item type), and gauge and angle of non-vertical launch more unfavorable (indicating item type).

5.2 In addition to the Safety Plan as provided for in paragraph 5 of this Section 5 of this JTI, the organising organisation shall, in the case of shows by experts using more than 100 kilograms (NEC), present to the relevant Government Delegation an Emergency Plan signed by competent technicians, in accordance with the following minimum contents:

5.3 Analysis of possible emergency cases and prevention and protection measures foreseen for this, including human and material resources in the field of first aid, fire fighting and evacuation of people. In this regard, it shall be mandatory to have at least:

(a) An ambulance equipped with the appropriate staff and equipment in relation to the distance to the nearest health centre.

(b) A fire service whose endowment and equipment is suitable for the spectacle to be celebrated.

5.4 Directory of emergency and civil protection services to be alerted in the event of an emergency.

5.5 Recommendations to be exposed to the public and their location, as well as forms of alarm transmission once produced.

5.6 A descriptive plane at a standardized scale of the land where the show is planned, indicating the following:

a) Location and access to the means of relief and assistance in case of accidents.

b) Situation of buildings, roads and other lines of communication, as well as other relevant elements for security and evacuation purposes.

c) Address of the launch with respect to the area intended for spectators in case of non-vertical launch.

6. Organization

6.1 The responsibility arising from the performance of the show shall be the responsibility of the organising body in any event that the present ITC does not establish as the sole responsibility of the expert undertaking. The organizing body shall also be responsible for the enforcement of any regional or local legislation that is applicable to public spectacles and recreational activities, if any.

6.2 Without prejudice to the responsibilities which the Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks assigns to the employer in matters of safety and health at work, the persons empowered to ensure the security of the spectacle, according to the privileges set out in this ITC, shall be as follows:

a) A manager appointed by the expert company.

b) A manager appointed by the organizing entity.

6.3 Corresponding to the person designated by the organizing body as the person in charge of the show to ensure compliance, monitoring and control of the contents of the security plan and the emergency plan, as well as of the security measures set out in this ITC and in the authorization of the show, which correspond to that entity.

6.4 Immediately before the start of the show, the staff of the organising body shall visually check the adequacy of the planned safety and emergency plan and the correct situation of the spectators. Such personnel shall bear any visible identification mark.

7. Show Assembly

Prior to the assembly of the show, the experts will have to inspect the pyrotechnic devices by discarding, if any, those that present defects that could affect the safety of the show.

At the beginning of the assembly operation, the organizing entity shall place in the launch zone a basic fire extinguishing equipment consisting of at least two portable fire extinguishers, which shall remain in the launch area until the show is withdrawn.

The lighting for the unpacking and assembly of the articles will preferably be the solar. If artificial lighting is necessary, the lighting systems with bare flame are prohibited.

To perform the assembly of the show must follow all the safety indications established by the manufacturers of the products used in the show.

Initiators that do not come previously incorporated into pyrotechnic devices must remain in storage and away from other products during the handling and assembly of the show. They will also be protected from friction and clashes between them and against other elements.

During the manipulations and assemblies of the show, the proximity of heat sources such as electric generators, compressors, vehicles, etc. should be avoided.

During assembly operations, smoking or carrying matches or tufts is not permitted. The use of any device that can produce arcs or sparks is also prohibited.

In the case of electrical shots, during assembly operations, the show's assemblers may not carry communication devices by means of electromagnetic radiation.

In any case, the assembly of a pyrotechnic show will be executed by the experts and trainees under the exclusive responsibility of the first.

The mortars and cannons shall be placed in any case in the intended launch area, and in such a way that the pyrotechnic devices are propelled either in a vertical direction or in a direction opposite to that of the spectators. If, for reasons of location in bays, ports, parts or areas of different cote, etc., the mortars and cannons are placed at an angle to the spectators, the safety zone established must leave them out of any possibility of risk.

The mouth of the mortars and those mortars arranged in charged drums will be marked by a plastic film, aluminum cover or a cross-adhesive tape. This will allow to know the status of the mortars and will show a failure in the firing if, once the firing is started, the signaling is intact.

During assembly and after completion, the expert will perform the appropriate checks to check the security measures that incorporate the firing systems in order to prevent a chance trip.

8. Shot of the show

General requirements:

The maximum wind speed, at ground level, should not exceed 10 m/s at the time and place of the trip.

The last manipulation performed before the firing shall be that of the assembly of the ignition devices, with or without initiator or inflaming, with slow wick or electrical circuit.

Manual firing:

Only the manual firing of pyrotechnic devices is permitted when it is not possible or is excessively complicated to be lit by initiators.

By means of a fire-button or a tow wick firmly attached to the end of a bar, the wicks will be given fire, once the corresponding protection is removed.

In case the mortars are to be recharged during the show's development they must be cleaned before each recharge. Prior to each reloading of the mortars, account must be taken of the temperature they have reached in order to avoid accidental initiations. The state of the protection required for mortars shall be verified for each recharge.

In the case of a mortar fire failure must be expected 30 minutes before removing the load and removing the artifice.

Electric shot:

If a battery is used for the shot, it will be located inside an insulated box, not opening its lid until the shot is to be fired. If an AC power line is used, a dual-isolation transformer shall be used.

The expert in charge of the firing shall keep the lock key of the ignition device under its responsibility, if any, or take appropriate measures to prevent the firing system from being put in tension.

When the initiators do not come before the pyrotechnic devices, the priming of the devices shall be carried out, if possible, preferably when mounted in their firing position. The ends of the pairs of conductors of each latch will remain in short circuit until the moment of their attachment to the shooting console.

If possible, when laying down the lines of draught, the conductors of each of the electric inflammators shall be kept in parallel, the closest of each other and to be able to be braided, to reduce the risk of accidental initiation by electromagnetic induction of power lines or radio stations nearby.

Before starting the firing, and prior to checking the firing lines, the expert in charge should check that all personnel have left the area of artifice placement.

The charging of mortars with electric firing is not allowed.

In case of a thunderstorm, all staff will leave the launch zone.

In the case of a mortar fire failure must be expected 30 minutes before removing the load and removing the artifice.

9. Prohibition, suspension and interruption of shows

The Government Delegate in the Autonomous Community, or in whom the delegate, may prohibit the holding of spectacles with fireworks when the requirements laid down in this ITC are not met.

The Security Forces and Corps that are present at the show may temporarily or definitively interrupt their celebration, or part thereof, when any of the following events occur:

a) When required authorization is not counted.

(b) Where the security and emergency conditions laid down in the authorisation of the show are not met, in such a way as to seriously affect the safety of persons.

c) When public access to the security zone or launch zone occurs.

(d) Where the experts and trainees appointed by the pyrotechnic undertaking to carry out the launch do not have the relevant meat.

(e) Where other circumstances, not foreseen, are given, duly justified, involving a certain danger to persons or property.

The manager may temporarily or definitively interrupt the start or development of the show for meteorological or technical reasons that involve risk to persons or property. It may also be interrupted if the failure to comply with paragraphs (b), (c) and (e) of this paragraph 9 is observed.

The reasons for the interruption must be immediately communicated to the Government Delegation.

10. Post-show performances

The collection of the pyrotechnic material itself and the remains that may pose a risk will be carried out by the company of experts, never before 15 minutes after the end of the show.

Until the safety and launch area is not completely clean of debris that may pose a risk, sufficient surveillance shall be maintained for the purpose of preventing damage or injury.

Also, the organizing entity should check the rest of the exterior area for the purpose of avoiding any subsequent fires or any other circumstances resulting in damage or injury.

In the event of an accident or incident involving the intervention of the emergency services, either by injury to the person or by damage to property by fire or mechanical effects, the delegation of government shall be notified within a maximum period of 24 hours and immediately to the emergency telephone 112.

In the case of serious anomalies in the operation of fireworks, it will be communicated to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism, within 5 working days, the number of affected devices, the type, the name of the manufacturer and the name of the marketer.

11. Use of pyrotechnic articles category P2

The use of pyrotechnic articles of category P2 whose total NEC is less than or equal to 50 kilograms shall be notified, at least 15 working days before the date of its use, to the Delegation of the Government concerned, accompanied by a responsible declaration stating that the persons who will use these pyrotechnic articles have the corresponding expert meat for those items issued by the Functional Area of Industry and Energy of the relevant Government Delegation, as well as the insurance or guarantee. to cover its liability to the civil liability referred to in Article 3, appropriate to the use of the particular article.

In cases of emergency or justified urgency, the expert may use category P2 items, without the need to meet the minimum time limit set in the previous paragraph, provided that he issues prior notice to the Civil Guard and notifies the Government Delegation in advance, including the responsible statement described above, together with an explanation of the causes of such emergency or urgency.

The use of pyrotechnic articles of category P2 whose total NEC is greater than 50 kilograms can only be carried out with prior authorization from the Delegation of the Government, prior to the report of the Functional Area of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard of the Command that corresponds, to whose effect the company that intends to make use of the pyrotechnic article must submit the corresponding application with a minimum of 15 working days in advance of the date of its use. Such a request shall be accompanied by a technical project describing the trigger parameters that are specifically to be applied.

Alternatively to the date of use, a date range may be allowed, provided that the request is anticipated within 15 days at the beginning of that interval.

Only persons who have the corresponding expert meat for such articles issued by the Functional Area of Industry and Energy of the relevant Government Delegation may use pyrotechnic articles of category P2.

The Government Delegation may lay down requirements for the storage, transport and use of pyrotechnic articles in particular. Also, if the use of Royal Decree 863/1985 of 2 April, which is approved by the General Rules of Basic Standards of Mining Safety, will apply to it, the technical project mentioned above must be expressly authorized by the competent mining authority.

The application for authorization, notification and the associated documentation referred to in this paragraph may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

12. Firing of pyrotechnic articles category T2

The use of pyrotechnic articles of category T2, where they are not part of a pyrotechnic show, the total NEC of which is less than or equal to 50 kilograms, shall be notified, at least 15 working days before the date of its use, to the Delegation of the Government concerned, accompanied by a responsible declaration stating that the persons who will use these pyrotechnic articles have the corresponding expert meat for those articles issued by the Functional Area of Industry and Energy of the Delegation of the The government concerned, as well as the insurance or financial guarantee covering its civil liability referred to in Article 3.

The use of pyrotechnic articles of category T2, when they are not part of a pyrotechnic spectacle, the total NEC of which is greater than 50 kilograms can only be carried out with prior authorization from the Government Delegation, prior to the report of the Functional Area of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard of the Command that corresponds, to whose effect the company that intends to make use of the pyrotechnic article must present the corresponding request with a minimum of 15 working days in advance regarding the use of the date of their use.

Only persons who have the corresponding expert meat for such articles issued by the Functional Area of Industry and Energy of the relevant Government Delegation may use pyrotechnic articles of category T2. Expert meat shall always be linked to a special purpose undertaking duly authorised with a special storage authorised in accordance with Article 105 of the Regulation on pyrotechnic articles and cardboard.

The Government Delegation may lay down requirements for the storage, transport and use of pyrotechnic articles in particular.

The application for authorization, notification and the associated documentation referred to in this paragraph may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

13. Summary table

In Annex II of ITC No 8, a summary table of the requirements set out therein is included.

ANNEX I

pyrotechnic show notification model

D. ......................................................................................................., in its own name or on behalf of the organizing body .................................................................. ,

Domiciled for the purposes of notifications in ................................................................................................................................................................................................................ ,

with NIF/NIE n. º ......................................................., n. phone number ..................................., n. ° of fax .........................................., as (representative of the organizer)

NOTIFIES

The intention to carry out a public pyrotechnic show of ...................... kg net (NEC) that will be performed by the company of experts .......................................... authorized, in the term municipal of ........................................................ in the province of ....................................... the day .................., to the ............................. hours and with an expected duration of ..................................

For the purposes, it is designated as the person in charge of the organizing entity to ............................ with DNI ................................. and contact phone ...................................

Responsible Statement

NEC CONTENT

□ Higher than 10 kilograms and less than 50 kilograms.

This organizing entity declares responsibly that it has the corresponding documents in paragraph 3 of ITC number 8 of the pyrotechnic article and card regulation.

□ Higher than 50 kilograms and less than or equal to 100 kilograms.

The Safety Plan is delivered, in accordance with paragraph 3 (c) and paragraph 5 of ITC No. 8 of the pyrotechnic article and card regulation.

This organizing entity declares responsibly that it has the remaining corresponding documents in paragraph 3 of ITC number 8 of the pyrotechnic article and card regulation.

In ......................................... to .............. of ........................... of ..................

(Authorized signature of the organizing entity and the expert company.)

ANNEX II

ITC requirement summary table number 8

						A	B	C
3: Authorization of shows.
Notification to the Government Delegation at least 10 days in advance.			X	X
Authorization from the Government Delegation prior to reporting the Industry and Energy Functional Area and the corresponding Arms and Explosives Intervention, at least 15 days in advance.					X
Documentation to be available or present in notification or authorization:
)	Request for authorization.				X
b)	Soil property compliance.		X	X	X
c)	Security plan.			X	X
c)	Emergency Plan.				X
d)	Organizer's liability insurance or other financial guarantee.				X
)	Insurance company liability insurance or other financial collateral.		X	X	X
	f1)	Copy of the workshop authorization.	X	X	X
	f2)	Justification of the storage capacity in the preparation and assembly workshop, quantity that must be higher than the one that is to be fired at the show.	X	X	X
	f3)	Relation of pyrotechnic articles to fire, detailing type, number, and NEC per item, both for CE marked items, such as those for CE-marked own manufacturing, and total for the set.	X	X	X
	f4)	Expected time for the firing of each homogeneous section or set.	X	X	X
	f5)	Sequence of start of firing between sections and order to follow in the shots of each section, including the shooting scheme in graphical and symbolic representation.			X
	f6)	Identification of the experts and trainees who will intervene in the show, as well as their possible substitutes, with copies of the corresponding certificates of aptitude, as well as the identification of the person designated as being in charge during the development of that person, or their possible alternate.	X	X	X
	f7)	Copying the TC-2 newsletters from Quote to Social Security for workers who are going to participate in the show, or work document that justifies the company's high status.	X	X	X
	f8)	If applicable, contract document among companies of personnel assignment experts qualified for the performance of the show.		X	X
	F9)	Statement by the owner of the business owner of the expert company to meet the requirements set forth in Law 31/1995 of 8 November, Prevention of Labor Risks, for the activity of the shot and in particular for the intended show.	X	X	X
g)	Security Distances accompanied by a plane of the site at which those distances are pointed		X	X	X
Point 4: Requirements for performing the show.
requirements:
	4.1		X		X
	4.2		X	X	X
4.3	4.3		X
	4.4		X	X	X
						X
	4.6		X	X	X
			4.7	X	X	X
	4.8		X	X	X
Zone:
	4.9		X	X	X
	4.10		X	X	X
	4.11		X	X
				X	X	X
	4.13		X	X	X
		4.14			X	X
	4.15	4.15		X		X
4.16		X	X	X
		4.17	4.17		X
	From 4.18 to 4.29 (both included		X	X	X
5: Security and Emergency Plan.
Plan.				X	X
Plan.					X
Point 6: Organization.
	6.1			X	X
	6.2			X
	6.3			X	X
				X	X
			Point 7: Show Montage.			X	X	X
8: Disarrest of the show.			X	X	X
9: Ban, suspend, and interrupt the shows.			X	X	X
10: Post-show actuations.			X	X	X

A: Spectacles with pyrotechnic devices made by experts whose NEC is more than 10 kilograms and less than or equal to 50 kilograms.

B: Spectacles with pyrotechnic devices made by experts whose NEC is more than 50 kilograms and less than or equal to 100 kilograms.

C: Spectacles with pyrotechnic devices made by experts whose NEC is more than 100 kilograms.

ANNEX III

Summary of security zones outline of a pyrotechnic show

TECHNICAL SPECIFICATION NUMBER 8.01

Meat of expert and apprentice meat for the performance of pyrotechnic spectacles

1. Object and scope of application

This Technical Specification aims to regulate conditions and requirements for obtaining expert and apprentice meat for spectacles, which demonstrate the technical and employment capacity of workers to enable them to carry out the corresponding tasks specified in ITC No 8.

The application of the expert and apprentice meats for shows and the associated documentation referred to in this paragraph, may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

2. Requirements for obtaining expert and apprentice meat

2.1 General requirements

The meats, both apprentice and expert, will be issued by the Functional Area or Industry and Energy Dependence of the corresponding Government Delegation. The meat will always be linked to an authorized preparation and assembly workshop that performs or intends to perform shows.

For the expedition and subsequent use of the meats, both the apprentice and the expert must be hired by an expert company. The issue of the meat is unique regardless of whether the apprentice or expert changes the company, not being necessary in this case the expedition of a new meat.

Expert meats shall include enablement for the use of category T2, however they shall not include enablement for the use of category P2.

Applications for obtaining the corresponding apprentice and expert meats shall be made by the owners of the authorised preparation and assembly workshop, and shall conform to the models set out in Annexes I and II to this Technical Specification.

2.2 Requirements for obtaining apprentice meat

To obtain the apprentice meat, the stakeholders must meet the following requirements:

(a) Be completed 18 years at the time of the application to the Functional Area or Industry and Energy Dependence of the relevant Government Delegation.

b) Be at least in possession of the certificate of primary studies at the time of application.

(c) Having received and exceeded a theoretical training organised by the expert firm to which it belongs, and whose minimum content is in accordance with this Technical Specification.

d) Be in psycho-physical conditions for pyrotechnic firing activity, accredited by medical certificate.

2.3 Requirements for obtaining expert meat

To obtain expert meat, stakeholders must meet the following requirements:

a) Being in possession of the apprentice's flesh.

b) Be completed 18 years at the time of the application to the Functional Area of Industry and Energy of the Delegation of the Government concerned.

(c) Credit, through certification by the company of experts, practices in at least 10 shows during the same period of continued high in the company, or at most in three years in discontinuous periods, under the tutelage of an accredited trigger with expert meat. Past practices as an apprentice will also be able to be accredited with different companies, with their respective certifications.

3. Minimum content of the theoretical training of the trainee

In accordance with the provisions of the previous paragraph, the owner of the preparation and assembly workshop shall organise the training for the workers who need to obtain the apprentice meat for the performance of pyrotechnic spectacles. To do this, it must have the appropriate means, both material and human, being able to be own or others, making sure in due time the effectiveness of some or others for the achievement of the marked objectives.

The minimum training programme required for the procurement of apprentice meat, which will last for a minimum of 25 hours, will be as follows:

a) Composition and basic properties of different types of pyrotechnic devices. General knowledge of the operation of fireworks.

Basic theoretical aspects of the artifices and their initiation systems.

b) Basic training in techniques for preparing the devices and their firing. Auxiliary elements for placement, protection, attachment, etc.

Protection from moisture and rain.

c) Basic safety training in the firing of pyrotechnic spectacles. Safety in the handling, storage, transport and use of fireworks.

Treatment of failed artifices.

d) Knowledge of the legislation on shows

Administrative approval.

Security zone for spectator protection, and launch zone.

Bans in the launch zone.

Inspections after the show.

e) Training in the field of prevention in the activity of the firing of fireworks, according to the planning of the specific preventive activity of the pyrotechnic company.

f) Examples of illustrative incidents and accidents, more representative failures, and measures to prevent them.

This training is independent of the theoretical and practical training in the field of safety and health that the employer must provide to each worker, in accordance with the provisions of article 19 of the Law 31/1995, of 8 November, of the Prevention of Occupational Risks.

Once the established level of knowledge has been exceeded, the applicants will receive a documentary accreditation of this issued by the holder of the preparation and approved assembly, detailing the duration and content of the course taught, in accordance with the training program established in this section.

The company will accompany a copy of this accreditation when making the application to the Functional Area or Industry and Energy Dependence of the corresponding Government Delegation, which will issue the corresponding apprentice meat whose validity will be indefinite or until the company requests the expert meat.

4. Issue and validity

Fulfilled the requirements for obtaining the meat, the Functional Area or Dependence of Industry and Energy of the corresponding Government Delegation will issue the professional meat that will have validity throughout the Spanish territory.

The company and its experts have an obligation to adapt and update their knowledge in this area, and adapt them to the technical and regulatory situation of the moment.

Professional meats will have a validity period of five years, renewing automatically with the presentation to the Functional Area or Industry Dependency and Energy of the justification of the compliance of the requirement set out in paragraph 2.2.d) of this Technical Specification.

ANNEX I

Request model for apprentice meat

D. ........................................................................................., as holder of the workshop of preparation and authorized assembly ................................................, with registered office for the purposes of notifications in ......................................................................................................................................................................................., with NIF/NIE n. º ............................, n. telephone number ..................., n. ............................

□ Authorizes that your personal identity data may be consulted by the Data Verification System, in the terms established by Royal Decree 522/2006 of 28 April 2006, which suppresses the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public bodies.

If you do not record the consent for the consultation of the data by marking with an "X" of the initial box of the previous paragraph, photocopy of the National Identity Document or, in the case of foreigners, photocopy of the Foreign Identity Card, or of the family residence card of the Union citizen must be accompanied. In the case of citizens of the European Union or States party to the Agreement on the European Economic Area or of any other State to which the arrangements provided for by the International Convention are extended by International Convention, they shall submit copies of their certificate of registration, to which they shall also accompany copies of their National Identity or Passport Document, documents to be in force.

REQUEST

The Meat of Apprentice in the name of D. .............................................................................., with NIF/NIE ............................. of .................... years of age and worker of the workshop previously mentioned.

The following documents are attached:

Photocopy of the NIF/ NIE from the aspiring apprentice.

Photocopy of the applicant's certificate of primary studies. High justification in the company.

Certificate of psycho-physical fitness of the aspiring apprentice, for pyrotechnic firing activity.

Documentary accreditation of the training given to the aspiring apprentice, in detail of the duration and content of the course taught.

En ...................................., a ............ de ............................. de .........................

Signature of the workshop holder Signature of the aspiring apprentice

ANNEX II

Request Model for Expert Meat

D. ........................................................... as holder of the workshop for preparation and authorised assembly .................................................. with registered office for the purpose of notifications in .........................................................................................................................................

.............................................................................................................................................. ,

with NIF/NIE n. º ............................, n. phone number ......................., n. ° fax ...........................

□ Authorizes that your personal identity data may be consulted by the Data Verification System, in the terms established by Royal Decree 522/2006 of 28 April 2006, which suppresses the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public bodies.

If you do not record the consent for the consultation of the data by marking with an "X" of the initial box of the previous paragraph, photocopy of the National Identity Document or, in the case of foreigners, photocopy of the Foreign Identity Card, or of the family residence card of the Union citizen must be accompanied. In the case of citizens of the European Union or States party to the Agreement on the European Economic Area or of any other State to which the arrangements provided for by the International Convention are extended by International Convention, they shall submit copies of their certificate of registration, to which they shall also accompany copies of their National Identity or Passport Document, documents to be in force.

REQUEST

The Meat of Expert in the name of D. ..................................................................................., with NIF/NIE .................................., of .............. years of age and worker of the workshop previously mentioned.

The following documents are attached:

Apprentice Meat.

Justification of high in the company.

Certificate of psycho-physical fitness of the aspiring expert, for pyrotechnic firing activity.

Accreditation of the internship period as an apprentice of at least 10 shows.

In his case, documentary accreditation of the new theoretical-practical training provided, with details of its duration and content.

En ..............................., a ............. de .............................. de ..........................

Signature of the workshop holder Signature of the aspiring expert

TECHNICAL SPECIFICATION NUMBER 8.02

Expert meat for the use of category T2 pyrotechnic articles

1. Object and scope of application

This technical specification is intended to regulate the conditions and requirements for obtaining the meat of experts for the use of pyrotechnic articles of category T2, in non-pyrotechnic spectacles according to the provisions of ITC No 8.

The application of expert meats for the use of pyrotechnic articles of category T2 and the associated documentation referred to in this paragraph, may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

2. Requirements for obtaining expert meat

Expert meat for the use of category T2 items shall be issued by the Functional Area or Industry and Energy Dependence of the relevant Government Delegation.

Such meat shall be linked to a duly authorised special purpose undertaking which has a special storage authorised as provided for in Article 105 of the Regulation on pyrotechnic articles and cardboard.

For the issue and subsequent use of the meat, the expert must be contracted by a special effects company. The issue of meat is unique regardless of the fact that the expert changes the company, but in this case the issue of a new meat is not necessary.

The application for obtaining the expert meat shall be made by the holder of the special effects sector undertaking and shall conform to the model set out in the Annex to this Technical Specification.

In order to obtain the expert meat for the exclusive use of category T2 items, the stakeholders must meet the following requirements:

(a) Be completed 18 years at the time of the application to the Functional Area of Industry and Energy of the Delegation of the Government concerned.

b) Be at least in possession of the certificate of primary studies at the time of application.

(c) Having received and exceeded a theoretical and practical training organised by the undertaking to which it belongs, and whose minimum content is in accordance with this Technical Specification.

(d) Be in psycho-physical conditions for the activity of using pyrotechnic articles, accredited by medical certificate.

The workers belonging to a special effects company, which upon the entry into force of this Technical Specification, by means of certification of the company of experts, an experience of more than one year in the use of pyrotechnic articles of category T2, with continuous permanence in the company, or of more than three years in discontinuous periods, will be able to request to the Functional Area or Dependence of Industry and Energy of the corresponding Government Delegation, the obtaining of the meat of expert. They shall also prove to be in psycho-physical conditions for such activity.

3. Minimum content of theoretical-practical training

In accordance with the provisions of the previous paragraph, the holder of the special effects undertaking intending to use category T2 items shall organise the distribution of the training corresponding to the workers who require the expert meat at T2. To do this, it must have the appropriate means, both material and human, being able to be own or others, making sure in due time the effectiveness of some or others for the achievement of the marked objectives.

The minimum training programme required for the procurement of expert meat, with a minimum duration of 25 hours, shall be as follows:

a) Composition and properties of the different types of pyrotechnic articles of category T2.

i. General knowledge of the operation of pyrotechnic articles.

ii. Basic theoretical aspects of pyrotechnic articles and their initiation systems.

(b) Basic training in preparation techniques for items of category T2 and their use.

i. Elements for placement and utilization.

ii. Protection against moisture and rain.

iii. Use indoors.

iv. Use in special effects.

c) Basic safety training in the use of pyrotechnic articles of category T2.

i. Safety in the handling, storage, transport and use of pyrotechnic articles of category T2.

ii. Treatment of failed pyrotechnic articles.

(d) Training in the field of prevention in the activities of the use of pyrotechnic articles in particular, in accordance with the planning of the specific preventive activity of the user undertaking.

e) Examples of illustrative incidents and accidents, more representative failures, and measures to prevent them.

This training is independent of the theoretical and practical training in the field of safety and health that the employer must provide to each worker, in accordance with the provisions of article 19 of the Law 31/1995, of 8 November, of the Prevention of Occupational Risks.

Once the established level of knowledge has been exceeded, aspiring experts will receive a documentary accreditation of this issued by the holder of the company to which they belong, according to the training program established in this section. The company will accompany a copy of this accreditation to the application to the Functional Area or Industry and Energy Dependence of the corresponding Government Delegation.

4. Issue and validity

Fulfilled the requirements described, the Functional Area or Industry and Energy Dependence of the corresponding Government Delegation will issue the corresponding expert meat that will have validity throughout the Spanish territory.

The company and its experts have an obligation to adapt and update their knowledge in the field and adapt them to the technical and regulatory situation of the moment.

Professional meats will have a validity period of five years, renewing automatically with the presentation to the Functional Area or Industry Dependency and Energy of the justification of the compliance of the requirement set out in paragraph 2.d) of this Technical Specification.

ANNEX

Request Model for Item T2 Expert Meat

D. ......................................................................, of the company of the special effects sector ................................................, with registered office for the purposes of notifications in .........................................................................................................................................

.............................................................................................................................................. ,

with NIF/NIE n. º ........................, n. ° of telephone .........................., n. ° of fax ...........................

□ Authorizes that your personal identity data may be consulted by the Data Verification System, in the terms established by Royal Decree 522/2006 of 28 April 2006, which suppresses the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public bodies.

If you do not record the consent for the consultation of the data by marking with an "X" of the initial box of the previous paragraph, photocopy of the National Identity Document or, in the case of foreigners, photocopy of the Foreign Identity Card, or of the family residence card of the Union citizen must be accompanied. In the case of citizens of the European Union or States party to the Agreement on the European Economic Area or of any other State to which the arrangements provided for by the International Convention are extended by International Convention, they shall submit copies of their certificate of registration, to which they shall also accompany copies of their National Identity or Passport Document, documents to be in force.

REQUEST

The Expert Meat for the use of pyrotechnic articles of category T2 in the name of D. ........................................................................, with NIF/NIE ...................................... of .................. years of age and worker of the company mentioned above.

The following documents are attached:

Photocopy of the applicant's certificate of primary studies. High justification in the company.

Certificate of psycho-physical fitness of the aspiring expert, for such activity. Documentary accreditation of the training provided to the aspiring expert, in detail of the duration and content of the course taught.

En ..........................., a ............ de .............................. de ......................

TECHNICAL SPECIFICATION NUMBER 8.03

Expert certification for the use of category P2 pyrotechnic articles

1. Object and scope of application

This Technical Specification aims to regulate the conditions and requirements for obtaining the certification of experts for the use of pyrotechnic articles of category P2, according to the ITC number 8.

The certification shall be specific for each type of pyrotechnic article of category P2. In no case can it be a generic certification for the whole category P2.

The application of the expert meats for the use of pyrotechnic articles of category P2 and the associated documentation mentioned in this paragraph, may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

2. Requirements for obtaining expert certification

The expert certification for the use of a given category P2 item will be issued by the Functional Area or Industry and Energy Dependence of the corresponding Government Delegation. Such certification shall be linked to the entity to which the person seeking to obtain it is bound.

For the application, issue and subsequent use of the meat, the professional must be linked to the corresponding entity and the link or relationship will correspond with the naturalization of the work to be carried out. The issue of the meat is unique regardless of the fact that the expert changes entity, not being necessary in this case the expedition of a new meat.

The application for obtaining the expert certification shall be made by the holder of the entity to which the applicant is bound, and shall conform to the model set out in the Annex to this Technical Specification.

To obtain expert certification for the use of a particular category P2 item, stakeholders must meet the following requirements:

(a) Be completed 18 years at the time of the application to the Functional Area or Industry and Energy Dependence of the relevant Government Delegation.

b) Be at least in possession of the certificate of primary studies at the time of application.

(c) Having received and exceeded a theoretical and practical training organised by the entity to which it belongs, and whose minimum content is in accordance with this Technical Specification.

(d) Be in psycho-physical conditions for the activity of using pyrotechnic articles, accredited by medical certificate.

3. Minimum content of theoretical-practical training

As provided for in the previous paragraph, the holder of the entity to which the applicant intends to obtain the certification of expert for the use of a particular pyrotechnic article of category P2 will organize the imparting of the corresponding training. To do this, it must have the appropriate means, both material and human, being able to be own or others, making sure in due time the effectiveness of some or others for the achievement of the marked objectives.

The minimum training programme required for obtaining the expert certification, which will have a minimum training of 25 hours, will be as follows:

a) Composition and properties of the pyrotechnic article of category P2.

(b) Basic training in preparation techniques for the pyrotechnic article of category P2 and its use.

i. Elements for placement and utilization.

ii. Protection against moisture and rain.

c) Basic safety training in the use of the pyrotechnic article of category P2.

i. Safety in the handling, storage, transport and use of the pyrotechnic article of category P2.

ii. Treatment of failed pyrotechnic articles.

(d) Training in the field of prevention in the activities of the use of pyrotechnic articles in particular, in accordance with the planning of the specific preventive activity of the user entity.

e) Examples, where appropriate, of illustrative incidents and accidents, more representative failures, and measures to prevent them.

This training is independent of the theoretical and practical training in the field of safety and health that the employer must provide to each worker, in accordance with the provisions of article 19 of the Law 31/1995, of 8 November, of the Prevention of Occupational Risks.

Once the established level of knowledge has been exceeded, aspiring experts will receive a documentary accreditation of this issued by the holder of the entity to which they belong, or by the holder of the center who has taught the training, based on the training program established in this section. The entity shall transmit a copy of this accreditation to the Functional Area or Industry and Energy Dependence of the relevant Government Delegation.

4. Issue and validity

Fulfilled the requirements described in the previous sections of this Technical Specification, the Functional Area or Industry and Energy Dependence of the corresponding Government Delegation will issue the corresponding expert certification for the use of the pyrotechnic article P2 in particular, which will have validity throughout the Spanish territory.

The entity and its experts have an obligation to adapt and update their knowledge in the field and adapt them to the technical and regulatory situation of the moment.

Professional meats will have a validity period of five years, renewing automatically with the presentation to the Functional Area or Industry Dependency and Energy of the justification of the compliance of the requirement set out in paragraph 2.d) of this Technical Specification.

ANNEX

Request Model for Item Expert Certification P2

D. ........................................................................................................, as holder of the entity .........................................................................., with registered office for the purposes of notifications in ................................................................................................................, with NIF/NIE n. º ......................., n. ° of telephone ........................, n. ° of fax ............................

□ Authorizes that your personal identity data may be consulted by the Data Verification System, in the terms established by Royal Decree 522/2006 of 28 April 2006, which suppresses the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public bodies.

If you do not record the consent for the consultation of the data by marking with an "X" of the initial box of the previous paragraph, photocopy of the National Identity Document or, in the case of foreigners, photocopy of the Foreign Identity Card, or of the family residence card of the Union citizen must be accompanied. In the case of citizens of the European Union or States party to the Agreement on the European Economic Area or of any other State to which the arrangements provided for by the International Convention are extended by International Convention, they shall submit copies of their certificate of registration, to which they shall also accompany copies of their National Identity or Passport Document, documents to be in force.

REQUEST

The expert certification for the use of the pyrotechnic article of category P2 ............................, in the name of D. ............................................................................, with NIF/NIE ......................., of ................ years of age and professional linked to the aforementioned entity.

The following documents are attached:

Photocopy of the applicant's certificate of primary studies. Justification of the link that relates the professional to the entity.

Certificate of psycho-physical fitness of the aspiring expert, for such activity. Documentary accreditation of the training provided to the aspiring expert, in detail of the duration and content of the course taught.

In .........................................., to .............. of ......................... of ..................

TECHNICAL SPECIFICATION NUMBER 8.04

Requirements of external entities to develop training activities for obtaining expert and apprentice meat for the performance of pyrotechnic spectacles

1. Object and scope of application

This Technical Specification aims to regulate the minimum requirements to be met by external training institutions in order to be able to provide the training established for the obtaining of expert and apprentice meats for pyrotechnic spectacles, which credit the workers ' ability to carry out the corresponding tasks specified in ITC No. 8 of the Regulation on pyrotechnic articles and cardboard.

External entities intending to provide the training established for obtaining the expert and apprentice meats for pyrotechnic spectacles may be authorized for the delivery of the following courses:

(a) A theoretical apprentice course for the performance of pyrotechnic spectacles according to the programme set out in paragraph 3 of the Technical Specification 8.01.

b) The theoretical-practical course of expert for the use of pyrotechnic articles of category T2 according to the programme set out in paragraph 3 of the Technical Specification 8.02.

(c) The theoretical-practical course of expert for the use of a particular pyrotechnic article of category P2 according to the programme set out in paragraph 3 of the Technical Specification 8.03.

3. Requirements of the training institutions

The external entities that intend to provide the training established for obtaining the meat of experts and apprentice for pyrotechnic shows, must previously be authorized by the Directorate General of Energy Policy and Mines, of the Ministry of Industry, Energy and Tourism according to the requirements set out in this Technical Specification.

The required minimum requirements to be met by the external training entities for their corresponding authorization are as follows:

a) Human media:

At least one of the members of the table of trainers in charge of teaching the content of the programmes covered by paragraph 3 of Technical Specifications 8.01, 8.02 and 8.03 shall have the following characteristics:

i. Appropriate certification to establish knowledge in the field of explosives, pyrotechnics or chemistry.

ii. Proven work experience in the pyrotechnic sector.

iii. Accredited teaching experience.

Complementary to the team of previous trainers, technical staff may participate, meeting the academic requirements, and do not have the minimum necessary experience established at this point.

b) Material media:

i. Availability of adequate infrastructure and facilities to teach the theoretical classes.

ii. Teaching material means, including audiovisual media.

iii. Suitable teaching material.

In the event that the external training entities intend to impart the theoretical-practical training established in the Technical Specification 8.02 for obtaining the expert meat for the use of pyrotechnic articles of category T2 or in the Technical Specification 8.03 for obtaining the certificate of expert for the use of a certain item of category P2, they will additionally have to have the appropriate work equipment and facilities for the delivery of the practical training.

3. Authorisation of the training institutions

Authorization Request

The entities that intend to be authorized as an authorized training entity, must direct their application to the General Directorate of Energy Policy and Mines, of the Ministry of Industry, Energy and Tourism, which will examine the application and check the validity and sufficiency of the documentation provided. These applications may be submitted electronically, with an electronic certificate, at the electronic headquarters of the Ministry of Industry, Energy and Tourism.

To this end, the application shall be made in accordance with the model set out in Annex I to this Technical Specification and the application shall be accompanied by the following structured documents as set out in Annex II to this Technical Specification:

a) Memory of the entity, including personality accreditation, as well as experience in training activities.

b) Course memory or courses subject to authorization, including detailed programming.

(c) Justification of compliance with the requirements set out in paragraph 2 of this Technical Specification.

When necessary, the General Directorate of Energy Policy and Mines may require the requesting entity, during the authorization process, any other additional information it deems necessary, or the remedy of the deficiencies noted. The period granted for this shall be 10 days, after which, if the requirement has not been met, the applicant shall be deemed to resign from continuing the authorisation process, in order to resolve the application submitted as a refusal.

Authorization resolution

From the documentation provided, the General Directorate of Energy Policy and Mines will dictate and notify resolution within three months of the submission, approving or rejecting the application for authorization.

The authorization will be valid throughout the Spanish territory and will be specific to the courses requested, being their indefinite validity.

The authorized entities must inform the General Directorate of Energy Policy and Mines, of the Ministry of Industry, Energy and Tourism, of any changes in the data and circumstances of their activity included in the application for authorization.

4. Registration of authorised training entities

The Ministry of Industry, Energy and Tourism, through its General Directorate of Energy Policy and Mines, will create and manage an office register in which the training entities that have obtained the corresponding authorization for the development of the activities that have received the object and scope of this technical specification will be registered.

5. Operation of the training institutions

The authorised entities shall develop the training activities under the conditions set out in this Technical Specification and in Technical Specifications 8.01, 8.02 and 8.03.

The only valid training modality for practical training will be in-person.

The Directorate-General for Energy Policy and Mines, of the Ministry of Industry, Energy and Tourism, will be able to verify that the teaching provided is in accordance with the authorized programs and duration, and that the necessary means for its delivery are used.

If it is found that the course is not carried out in accordance with the authorized program and using the necessary means, it will be cancelled.

Additionally, authorized training entities will have the following obligations:

(a) Allow the control and follow-up actions that the Directorate General of Energy Policy and Mines, of the Ministry of Industry, Energy and Tourism could undertake.

b) Proceed to the execution of the training activities with the means indicated in the application and under the conditions reflected in the authorization, if any, not being able to entrust them to third entities that are not specifically authorized for it, in accordance with the provisions of this Technical Specification.

c) Communicate to the General Directorate of Energy Policy and Mines any changes that occur and may affect the conditions under which the entity was authorized.

d) To annually bring to the attention of the General Directorate of Energy Policy and Mines the training actions that have been implemented over the corresponding period, indicating for each of them at least the following:

i. Name of the training action.

ii. Period of celebration.

iii. The impartition mode.

iv. Identification of students, company and work centre.

v. Place of impartition.

6. Defaults

Non-compliance with the provisions of this Technical Specification shall be considered to be infringements in accordance with the provisions of Title X of the Regulation on pyrotechnic articles and cardboard.

ANNEX I

Authorization request model for development of training activities

D. ........................................................................................................ as representative of the entity .........................................................................................., with registered office for the purposes of notifications in .............................................................................................., with NIF/NIE n. º ......................, n. telephone number ........................, n. ° fax ..............................

□ Authorizes that your personal identity data may be consulted by the Data Verification System, in the terms established by Royal Decree 522/2006 of 28 April 2006, which suppresses the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public bodies.

If you do not record the consent for the consultation of the data by marking with an "X" of the initial box of the previous paragraph, photocopy of the National Identity Document or, in the case of foreigners, photocopy of the Foreign Identity Card, or of the family residence card of the Union citizen must be accompanied. In the case of citizens of the European Union or States party to the Agreement on the European Economic Area or of any other State to which the arrangements provided for by the International Convention are extended by International Convention, they shall submit copies of their certificate of registration, to which they shall also accompany copies of their National Identity or Passport Document, documents to be in force.

REQUEST

The authorisation for the development of training activities, as set out in the Technical Specification 8.04 "Requirements of external entities to develop training activities for obtaining the meat of expert and apprentice for the performance of pyrotechnic spectacles" of the Regulation of pyrotechnic articles and cardboard, for courses whose programmes are regulated in the following technical specifications:

...............................................................................................................................................................................................................................................................................................

The following documents are attached:

a) Memory of the entity, including personality accreditation, as well as experience in training activities.

b) Course memory or courses subject to authorization, including detailed programming.

(c) Justification of compliance with the requirements set out in paragraph 2 of Technical Specification 8.04 of the pyrotechnic articles and cardboard regulations.

In ..................................., to .................... of .................................. of ...............

Signed:

The data entered in this document will be processed in accordance with the provisions of the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

ANNEX II

Structure and content of the documentation that must accompany the application for authorization for the development of the training activities

Entity memory

1. Identification of the entity:

2. Description of human resources for the development of training activities:

2.1 Organization structure of the entity.

2.2 Identification of the team of trainers according to the courses for which the authorization is requested.

3. Description of the material and didactic resources and resources for the performance of the training activities:

3.1 Description of the classrooms, whether owned or leased, with which the entity counts.

3.2 Availability of facilities and equipment for the delivery of practical training, whether owned or leased, and description of these.

3.3 Description of the teaching resources (material and teaching equipment, audiovisual media) with which the entity counts.

4. Experience accredited as an entity in the development of training activities.

Memory of the courses for which authorization is requested

1. Training modules for which each course consists.

2. Detailed programming of each module with distribution of schedule and assignment of teachers.

3. Description of the methodology to be used for the development of the practical contents (Categories T2 and P2).

Justification for requirements

1. Résumés of all the members of the teaching staff.

2. Justification of academic qualifications of all members of the teaching staff.

3. Accreditation of professional experience in the pyrotechnic sector of all members of the teaching staff.

4. Accreditation of the teaching experience of all members of the teaching staff.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 9

Design and placement rules for workshops and depots

1. Object and scope of application

This ITC develops the rules applicable to the installation, modification or transfer of the following establishments:

a) Workshops for the manufacture of pyrotechnic products.

b) Preparation and assembly workshops.

c) Carthery load workshops.

d) Deposits of finished pyrotechnics and cardboard products.

e) Auxiliary deposits associated with workshops for pyrotechnic articles and cardboard.

2. Constructive requirements

The building of the storerooms will be performed by following the following constructive features:

a) Dador or donor building, being understood by such a building in which an explosion, fire or fire can occur. Its construction will be carried out according to the distances to other buildings, the amount of regulated matter and the possible defenses, either in light materials that minimize the projections, or with resistant structures that can be partially collapsible, whose design will be made so that, in the event of an accident inside, the shock wave or fire tongue, if any, are oriented in the most favorable direction. In this case they shall also be designed in such a way as to minimise the release of primary fragments of an explosion.

(b) A receiving building, being understood by such a building which may be affected by the effects of an explosion or explosion on its exterior. Its construction will be carried out according to the distances to the possible donor buildings, the quantities of regulated matter and the possible defenses, either with light materials or with resistant structures of adequate rigidity, whose design will be made in such a way that, in case of an explosion on the outside, its structure offers the necessary resistance so that it is difficult to abate and able to withstand the possible fall of fragments.

(c) Dangerous building, being understood by the one that houses one or several dangerous premises.

d) A dangerous local, understood by such an integrated compartment or not in a building in which the handling or storage of regulated materials is carried out.

(e) Non-hazardous building: the building or premises installed within the perimeter of the installation for auxiliary or accessory tasks, where no handling or storage of regulated materials is permitted. Auxiliary premises for the storage of inert material and for the storage of other raw materials (chemical) are considered as non-hazardous buildings.

For the purposes of the application of this ITC and the separation of the working premises where regulated matter is handled, in the absence of specific testing procedures in handling, the risk division 1.1 shall be assigned to those premises.

3. Distances

3.1 Environment Distances

The minimum distances to be observed at the site of the establishments referred to in paragraph 1 of this ITC, in respect of their environment, shall be calculated in each case according to the following formulae:

(1) Materies and objects that in case of explosion do not originate heavy shrapnel.

(2) Heavy Metralla, due to the possible presence of caliber shells greater than 60 mm.

(3) Minimum distance 90 m.

(4) Minimum distance 135 m.

(5) Minimum distance 60 m.

(6) Minimum distance 40 m.

(7) Minimum distance 25 m.

Where:

Q: is the maximum amount of regulated matter that can be in a dangerous building or local or the maximum capacity of the warehouse, in kilograms.

D: is the distance to observe, in meters.

Public railway lines and motorways, highways and highways with a circulation of more than 2,000 vehicles/day shall be understood by means of communication.

Other roads and railway lines shall be understood, not included in the previous paragraph, except roads with a circulation of less than 100 vehicles/day, according to the measured capacity.

It is understood by isolated dwellings that, being permanently inhabited, do not constitute a nucleus of population.

The measurements shall be made from the interior parts of the buildings in which the regulated substances are handled or stored.

Distances can be halved when natural or artificial defenses exist. In the case of accounting the defenses shall not be considered as the superpositions of defenses.

When there are several buildings or warehouses within the same enclosure, the applicable distances shall be those corresponding to the building or warehouse requiring the greatest distances, provided that the separation between the buildings or warehouses complies with the provisions of paragraphs 3.2 and 3.3 of this JTI and that, on those distances, the other buildings are included.

When different risk divisions coexist in the same building, the applicable minimum distance shall be calculated by considering the most unfavourable risk division and the total capacity of the building, i.e. the sum of the maximum net amounts for each risk division.

3.2 Distances between buildings or premises in establishments.

The minimum distances to be observed between the buildings or premises that make up the establishments referred to in paragraph 1 of this ITC, whether they are dangerous buildings or non-hazardous buildings in which there is a permanent presence of persons, shall be calculated, by reason of their constructive characteristics and the quantity and division of risk of the existing regulated material in the building or local donor or giver, by means of the formula:

In which:

D: is the distance, between buildings or premises, in meters.

Q: is the amount of regulated matter normally contained in each building or local giver, in kilograms.

K: is a coefficient according to the tables listed below.

For the purposes of this ITC, it is not considered a non-hazardous building with a permanent presence of persons, and therefore it will not be taken into account for the purpose of distances, those buildings or premises where there is no permanent presence of personnel, such as a warehouse of inert or similar products.

When different risk divisions coexist in the same building, the applicable minimum distance shall be the largest resulting from the calculated distances for each of the risk divisions. The value of Q for each of these calculations shall correspond to the total capacity of the building, i.e. to the sum of the maximum net amounts of each risk division.

Risk Division 1.1

Coefficient K

(1) The minimum thickness of the coating shall be one meter.

(2) The minimum thickness of the cover or wall shall be that corresponding to 25 centimetres of reinforced concrete or other equivalent strength structure.

(3) See paragraph 4 of this ITC.

Risk Division 1.3 and 1.2

Coefficient K

* No distance regulation.

(1) Stop with an EI-60 fire resistance according to Royal Decree 842/2013.

(2) Pared with an EI-30 fire resistance according to Royal Decree 842/2013.

(3) It is a weakened, low-resistance panel or zone.

Risk Division 1.4

In this case, the minimum distance between buildings or premises will be 5 meters if the walls are reinforced concrete of 25 centimeters of concrete or structure of equivalent resistance, or 10 meters if it is light walls.

3.3 Distances between finished and auxiliary product stores

The minimum distances to be observed between the warehouses that make up the finished product repository or the auxiliary pyrotechnics deposit will be calculated using the following formula:

In which:

D: is the distance between the inner parts of the adjacent stores, in meters.

Q: This is the maximum capacity of the largest warehouse capacity of the two considered, in kilograms.

K: is a coefficient according to the tables listed below.

When different risk divisions coexist in the same building, the applicable minimum distance shall be the largest resulting from the calculated distances for each of the risk divisions. The value of Q for each of these calculations shall correspond to the total capacity of the building, i.e. to the sum of the maximum net amounts of each risk division.

Risk Division 1.1

Coefficient K

(1) Unsupported disposition

(2) A frontal arrangement shall be considered for another warehouse, when the receiver is within the sector or area determined by an angle of 60 °, the bisector of which matches the axis of the dador and the origin of which is situated on the front wall.

Risk Division 1.2

Coefficient K

(1) No distance regulation.

Risk Division 1.3

Coefficient K

(1) No distance regulation.

(2) Minimum distance, 15 meters.

(3) Minimum distance, 20 meters.

Risk Division 1.4

In this case, the minimum distance between warehouses will be 10 meters.

By means of an IS 60 fire resistant wall according to Royal Decree 842/2013 of 31 October, approving the classification of construction products and construction elements according to their reaction properties and resistance to fire, or similar structure, the distance can be reduced by half.

4. Defenses

This ITC differentiates in several cases the fact that dangerous buildings or premises are equipped with or not of defenses that protect them from an external explosion or limit the effects to the exterior of an explosion inside said premises and buildings. For these purposes, a single defence shall be permitted to protect two buildings or premises, both being considered as having defences for the purpose of this JTI. In such cases, and in the light of the determination of the coefficient to be applied in accordance with paragraph 3, it shall be considered as both the giver and the receiver with defences.

The defenses that appear in the building of the giver and receiver of the tables in paragraph 3, may be the same.

As a general rule, defenses should be at the minimum height of the building or local they protect. In any case, they must exceed by one metre the height of the regulated materials contained in those premises or buildings.

Among the very different types of defenses in use, are illustrated below some of the most common:

The walls must be calculated to resist, without overturning, the effect of the shock wave.

The recommended criteria for the design of merlons and walls should be adjusted to the following bases:

5. Lightning protection systems

All the buildings of the pyrotechnics workshop and finished product warehouse will be under the cover of a system of protection against rays, as established in Section 8 (SUA 8) of the Basic Document "Safety of use and accessibility", of the Technical Code of the Building, approved by Royal Decree 314/2006, of March 17.

The lightning protection system, as well as its substantial extensions or modifications, will require an inspection during assembly, an initial inspection once installed, and periodic inspections, following the procedure and deadlines set out in the UNE-EN 62305-3 " Lightning Protection. Part 3: Physical Damage to Human Structures and Risk. "

The holder of the workshop or deposit will ensure compliance with the provisions of the previous paragraph, for which you can use any external entity trained to do so. The entity or person carrying out the inspection shall issue a certificate or inspection report showing the verified aspects and their conformity with the requirements laid down in that standard.

6. Work teams

For the provision of work equipment workers, and before they are put into service, the employer must ensure that he acquires and uses only equipment that satisfies all the legal requirements and provisions that apply to them.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 10

Prevention of severe accidents

1. Object

This ITC aims to prevent serious accidents involving products covered by the Regulation on pyrotechnic articles and cardboard, as well as the limitation of its consequences on human health, property and the environment, in accordance with the provisions of Directive 2012/18/EU of the European Parliament and of the Council of 4 July on the control of the risks inherent in major accidents involving dangerous substances.

2. Scope

1. This JTI shall apply to workshops and deposits of pyrotechnics and cartchery where a major accident may arise.

In particular, this JTI shall apply where the maximum quantities of explosive substances present, or may be, in the establishment at a given time exceed the following thresholds:

categories in accordance with Regulation (CE) No. 1272/2008	Threshold (Tons)
	I	II
2. P1b EXPLOSIVES (see note 1)	50	200
Explosives of division 1.4 (see note 2)
3. P1a EXPLOSIVES (see note 2)	10	50
-Unstable Explosives, or
-Explosives from divisions 1.1, 1.2, 1.3, 1.5 or 1.6,

In the case of an establishment where no substance or preparation is present in quantity equal to or greater than the corresponding threshold quantity, the following rule shall apply to determine whether the relevant requirements of this ITC are applicable to that establishment. If the sum:

1/Q1 + q2/Q2 + q3/Q3 + q4/Q4 + q5/Q5 + ... is equal to or greater than 1

Being,

q_x = the quantity of the hazardous substance or category of hazardous substances x contemplated.

Q_x = the relevant threshold I or II quantity for the substance or category x.

This rule will be used to evaluate physical hazards. It will therefore also incorporate the following substances listed in Annex I to Royal Decree 840/2015 of 21 September, approving measures to control the risks inherent in serious accidents involving dangerous substances:

The hazardous substances listed in Part 2 consisting of flammable gases, flammable aerosols, oxidising gases, flammable liquids, hazardous substances and mixtures which spontaneously react, organic peroxides, liquid and pyrophoric solids, liquids and oxidising solids, in addition to the substances included in Section P, Subsections P2 to P8, Part 1.

Note (1) The hazard class "explosives" includes explosive articles (see section 2.1 of Annex I to Regulation (EC) No 1272/2008). In this definition the pyrotechnic materials contained in objects are also included. In the case of objects containing regulated, detonating and pyrotechnic materials, if the quantity of the substance or preparation contained in the object is known, this quantity shall be considered for the purposes of this JTI. If the quantity is not known, the entire object will be treated as explosive.

Note (2) If the explosives in Division 1.4 are unpacked or repackaged, they shall be assigned to Subsection P1a, unless it is shown that the hazard is still corresponding to Division 1.4, in accordance with Regulation (EC) No 1272/2008.

Note (3) Substances and mixtures are classified in accordance with Regulation (EC) No 1272/2008.

Note (4) Mixtures shall be treated in the same way as pure substances provided that they conform to the concentration limits established according to their properties in accordance with Regulation (EC) No 1272/2008, or their latest adaptation to technical progress, unless a percentage composition or other description is specifically indicated.

Note (5) The amounts that have been previously indicated as a threshold refer to each establishment.

The amounts to be taken into account for the application of the relevant items are the maximum amounts that are present, or may be, at any given time. For the calculation of the total quantity present, the dangerous substances in an establishment shall not be taken into account only in an amount equal to or less than 2% of the quantity indicated as a threshold, if their situation within the establishment is such that it cannot cause a serious accident anywhere else in the establishment.

Note (6) In the case of dangerous substances which are not covered by Regulation (EC) No 1272/2008, including waste, but which are present, or may be, in an establishment and possess or may possess, under the conditions of establishment, equivalent properties which may cause serious accidents, they shall be provisionally assigned to the most similar category or dangerous substance nominated as falling within the scope of this JTI.

Note (7) In the case of hazardous substances whose properties allow them to be classified in more than one way, the lowest threshold quantities shall be applied for the purpose of this JTI. However, for the application of the note 3 rule, the lower threshold quantity shall be used for each category group applicable to the corresponding classification.

Note (8) It is only necessary to test the explosive properties of substances and mixtures if in the detection procedure according to Appendix 6, Part 3, of the United Nations Recommendations on the transport of dangerous goods, tests and criteria ('United Nations Test and Criteria Manual ')

⁽⁾ More guidance on cases where testing is not necessary can be found in the description of Method A. 14, see Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the registration, assessment, authorisation and restriction of chemicals (REACH) (OJ L 142, 31.5.2008, p. 1). it is found that the substance or mixture may have explosive properties.

2. For the purposes of this JTI, the presence of dangerous substances shall be their present or anticipated presence in the establishment or their occurrence, which may, where appropriate, be generated as a result of loss of control of the processes, including storage activities in any facility within an establishment, in quantities equal to or greater than the threshold amounts indicated in this paragraph.

3. This JTI shall not apply to the transport of regulated matter and to intermediate temporary storage directly related to it, by road, rail, inland waterway and sea or air, including loading and unloading activities and the transfer to and from another type of transport to docks, jetties or railway classification stations outside the establishments referred to in this JTI.

3. Definitions

For the purposes of this ITC, the following definitions shall apply:

1. Serious accident: Any event, such as an emission in the form of leakage or discharge, a major fire or explosion, resulting from an uncontrolled process during the operation of any establishment to which this ITC is applicable, which poses a serious, immediate or deferred risk to human health, property, or the environment, within or outside the establishment and in which one or more dangerous and/or dangerous substances are involved.

2. Storage: The presence of a certain amount of dangerous substances for storage purposes, deposit in custody or reserve.

3. Domino effect: The concatenation of effects that multiplies the consequences, because dangerous phenomena can affect, in addition to the external vulnerable elements, other containers, pipes or equipment of the same establishment or other nearby establishments, in such a way that a new escape, fire, explosion or explosion in the same ones, that generates in turn new dangerous phenomena.

4. Establishment: The entire site under the control of an industrial site in which hazardous substances are found in one or more facilities, including common or related infrastructure or activities; the establishments shall be Tier I or Tier II.

4.1 Level I Establishment: An establishment in which the maximum present amount of regulated matter is equal to or greater than that specified in Threshold I, but less than the amount indicated in Threshold II.

4.2 Level II Establishment: An establishment in which the maximum amount of regulated subject matter is higher than the amount indicated in Threshold II. All of this shall, where applicable, be used as the rule in the sum of footnote 4 of the previous paragraph.

5. Existing establishment: An establishment that until the date of entry into force of this regulation is included in the scope of ITC number 10 of the pyrotechnic articles and cardboard regulation approved by Royal Decree 563/2010, of 7 May, and that from that date of entry into force it will be included in the scope of this ITC without changing its classification as establishment of Level I or Level II establishment.

6. New establishment:

a) An establishment that works or builds from the date of entry into force of this regulation, or

(b) An operational site which falls within the scope of this ITC or a Level I establishment which becomes a Level II establishment or vice versa from the date of entry into force of this Regulation, due to changes in its facilities or activities leading to a change in its inventory of dangerous substances.

7. Neighbouring establishment: An establishment whose proximity to another establishment increases the risk or consequences of a major accident.

8. Another establishment: An operational site which falls within the scope of this JTI or a Level I establishment which becomes a Level II establishment or vice versa from the date of entry into force of this Regulation, for reasons other than those referred to in point 1.

9. Industrial: Any natural or legal person who exploits or controls a pyrotechnics or cardboard workshop or deposit, or has the economic or decisive decision-making power on the technical exploitation of the establishment or installation.

10. Inspection: Any action, including on-site visits, controls of internal measures, systems, reports and follow-up documents and any subsequent checks necessary, carried out by or on behalf of the competent body, in order to review and promote compliance with the requirements of this ITC.

11. Installation: A technical unit inside an establishment, regardless of whether it is located on a ground or ground level, where dangerous substances are produced, used, handled or stored; including all equipment, structures, pipes, machinery, tools, particular railway branches, docks, loading or unloading springs for use, spikes, tanks or similar structures, whether or not they are afloat, necessary for the operation of that installation.

12. Mixture: A mixture or solution composed of two or more substances.

13. Danger: The intrinsic capacity of the regulated matter or a physical situation of damage to human health or the environment.

14. Public: One or more natural or legal persons and, in accordance with legal provisions or common practices, associations, organizations or groups constituted by such persons.

15. Public concerned: For the purposes of paragraph 13.2, the staff of an establishment and the population of its environment which, according to the studies of risk analysis and consequences, could suffer from the effects of a possible major accident on their health.

16. Interested public: The public which is or may be affected by the decisions taken on one of the cases referred to in paragraph 14 (1), or which has an interest to invoke in the taking of such decisions; for the purposes of this definition, it shall be deemed to be of interest to non-governmental organisations working in favour of the protection of the health of persons or the environment and which comply with the relevant requirements laid down by the implementing legislation.

17. Risk: The likelihood of a specific effect occurring over a particular period of time or in particular circumstances.

18. Explosive substance: Any substance or mixture, which constitutes a regulated, detonating and/or pyrotechnic matter, referred to in paragraph 2 (1), including those in the form of raw material, product, by-product, residue or intermediate product; it may be explosive substances and preparations (explosive substances and pyrotechnic compositions), and/or explosive objects, intermediate pyrotechnic articles, pyrotechnic articles and cardboard.

19. Dangerous substance: Any substance or mixture listed in Part 1 or listed in Part 2 of Annex I to Royal Decree 840/2015 of 21 September 2015 approving measures to control the risks inherent in major accidents involving dangerous substances, including those in the form of raw material, product, by-product, waste or intermediate product.

4. General industrial obligations

Industrialists whose establishments are subject to this ITC are obliged to:

1. Take the measures provided for in this JTI and how many are necessary to prevent serious accidents and limit their consequences for human health, property and the environment.

2. To cooperate and demonstrate to the competent authority, at all times, and, in particular, on the basis of the checks and inspections referred to in paragraph 19, that it has taken all the necessary measures provided for in this JTI.

5. Competent authorities

1. Competent authorities are considered to be competent for the purposes of this ITC to the Government Delegates in the Autonomous Communities or, where appropriate, the Subdelegates of the Government, in accordance with the provisions of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State and other applicable rules, and to the Directorate General for Civil Protection and Emergencies of the Ministry of the Interior, in the terms provided for therein.

2. The competent authorities shall, in compliance with the provisions of this JTI, act in accordance with the principles of coordination and cooperation and ensure that the information of interest obtained under this JTI is available to the bodies involved in each case, competent in the field of civil protection, the prevention of risks to human health, the protection of the environment, the management of territory and urban planning and ports.

3. For the purposes of this JTI, the competent authority shall accept the equivalent information which, in compliance with paragraphs 6 to 10 of this ITC, are submitted by manufacturers in accordance with other relevant national legislation. In such cases, the competent authority shall ensure that all the requirements of this ITC are met.

6. Notification

1. Manufacturers whose establishments are applicable to them are obliged to send a notification to the Government Delegation in the Autonomous Community or, where appropriate, to the Government Subdelegation, which contains at least the following information:

a) Industrial registration number.

b) Name or business name of the operator and full address of the corresponding establishment, teletelephone and fax.

c) Industrial address of the industrial and full address, as well as telephone and fax.

(d) Name or position of the person in charge of the establishment, in the case of a person other than the operator referred to in point (b), and the information necessary for its location 24 hours a day.

e) Information sufficient to identify the dangerous substances in question or which may be present, which may be explosive substances and preparations (explosive substances and pyrotechnic compositions), and/or explosive objects, intermediate pyrotechnic articles, pyrotechnic articles and cardboard.

f) Maximum amount and physical form of each substance, object or article.

g) The activity or activity envisaged in the installation or storage area.

h) Brief description of the technological processes and activities.

i) Plan for the establishment and distribution of its facilities.

(j) Description of the immediate environment of the establishment and factors capable of causing a major accident or of aggravating its consequences, including, where available, details of neighbouring establishments, of sites outside the scope of this JTI, areas and works likely to cause or increase the risk or consequences of a major accident and of a domino effect.

2. In the case of new establishments, the documentation referred to in point 1 shall be forwarded together with the application for the approval of the establishment, avoiding duplication.

In all other cases, the notification or its update shall be sent to the Government Delegation in the Autonomous Community or, where appropriate, to the Subdelegation of the Government, within one year of the date of application of this ITC.

3. Points 1 and 2 shall not apply if the operator has already sent a notification to the competent authority in compliance with the requirements of ITC number 10 of the pyrotechnic articles and cardboard Regulation approved by Royal Decree 563/2010 of 7 May, before the date of entry into force of this Regulation, and the information contained therein complies with the provisions of point 1 and has not changed.

4. The operator shall inform the competent authority in advance in the following circumstances and shall, where appropriate, update the Notification when:

(a) Increase or significantly decrease the amount or significantly modify the characteristics or physical form of the hazardous substance present indicated in the notification sent by the industrialist under point 1 or significantly modify the processes of its use; or

b) An establishment or an installation is modified in such a way that it can have significant consequences in terms of danger of a serious accident, or

c) Definitely close or dismantle the establishment, or

(d) Changes are made to the information referred to in point 1 (a), (b), (c) and (d).

5. For the purposes of paragraph 20, the Government Delegation shall inform the Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior of such updates, in order to incorporate this information into the National Chemical Risk Database referred to in the State Plan for Civil Protection against Chemical Risk, approved by Royal Decree 1070/2012 of 13 July.

7. Serious Accident Prevention Policy

1. The manufacturers of all the establishments to which this ITC applies, must define and implement correctly their policy of preventing serious accidents as well as to translate it into a written document.

The implementation of this policy will aim to ensure a high level of protection of human health, the environment and property and will be proportionate to the dangers of serious accident at the establishment. It shall include the general objectives and principles of industrial action, the allocation of tasks and management responsibilities and the commitment to permanently improve the control of the risks of serious accidents and to ensure a high level of protection.

2. This document shall be kept at all times at the disposal of the Government Delegation or, where appropriate, the Subdelegation, from the following dates:

(a) in the case of new establishments, from a reasonable date prior to the start of construction or operation, or prior to the modifications resulting in a change in the inventory of dangerous substances. All this, in the specific period determined by the Government Delegate.

(b) in all other cases, from one year from the date on which the JTI is applied to the establishment in question.

3. For Tier II establishments, the document defining its serious accident prevention policy shall form part of the Safety Report referred to in paragraph 9.

4. Without prejudice to paragraph 10, the operator shall periodically review the policy for the prevention of serious accidents, at least every five years, and update it where necessary.

5. The policy for the prevention of serious accidents shall be implemented by means of a safety management system through appropriate means, structures and procedures in accordance with Annex I and in a manner proportionate to the hazards of the serious accident and the complexity of the organisation or activities of the establishment.

6. Point 1 shall not apply if the operator has already established and implemented its policy for the prevention of serious accidents in compliance with the requirements of ITC No 10 of the Regulation on pyrotechnic articles and cardboard approved by Royal Decree 563/2010 of 7 May, prior to the entry into force of this Regulation, and the information contained therein complies with the provisions of point 1 and has not changed.

8. Domino effect

1. The Government Delegations or Subdelegations, using the information received from the industry in accordance with paragraphs 6 and 9, or through the appropriate inspections, shall determine all Tier I and Tier II establishments where the probability and the risk or the consequences of a major accident may be increased due to the geographical position and proximity to other establishments.

2. Where this competent authority has additional information provided by the operator in accordance with paragraph 6.1.j), it shall make such information available to that industry where it is necessary for the application of this paragraph.

3. The Government Delegations or Subdelegations shall establish communication protocols to ensure that the establishments so determined:

(a) The necessary data should be appropriately exchanged, in order to enable industrialists to take into account the nature and magnitude of the overall serious accident risk in their policies for the prevention of serious accidents, safety management systems, safety reports and Emergency Plans or Self-Protection;

(b) Cooperate in the information to the population and to neighbouring sites not covered by the scope of this JTI.

4. Accidents which may occur as a result of a domino effect between installations of the same establishment shall be covered by the safety reports referred to in paragraph 9.

9. Security Report

1. The industrialists of the Tier II establishments must present a security report to the Government Delegation in the Autonomous Community, or, where appropriate, to the Government Subdelegation, which shall have as their object:

(a) Prove that a serious accident prevention policy and a safety management system have been established for its implementation in accordance with the elements set out in Annex I.

b) Demonstrate that the hazards of serious accidents and possible scenarios of serious accident have been identified and that the necessary measures have been taken to prevent it and to limit its consequences for human health, the environment and property.

(c) Prove that in the design, construction, operation and maintenance of any installation, storage, equipment and infrastructure that are related to the serious accident hazard in the establishment, sufficient safety and reliability have been taken into account.

d) Demonstrate that internal emergency plans have been developed and provide information to enable the emergency plan to be drawn up in order to take the necessary measures in the event of a major accident.

e) Provide sufficient information to the competent authority so that it can make decisions regarding the implementation of new activities or the execution of works in the vicinity of existing establishments.

2. The safety report shall contain at least the data and information provided for in the Basic Civil Protection Guideline for the control and planning for the risk of serious accidents involving dangerous substances, approved by Royal Decree 1196/2003 of 19 September.

The safety report shall expressly indicate the names of the relevant organisations involved in the preparation.

In accordance with paragraph 5.3, the safety report and any other studies or reports of a similar nature to be carried out by industrialists under the applicable sectoral legislation may be merged into a single document for the purposes of this paragraph, where such a merger allows the avoidance of unnecessary duplication of the information and the repetition of the work carried out by the operator or the competent authority, provided that all the requirements of this paragraph are met and those required by the sectoral legislation resulting from it. applicable. In this respect, in the event of possible consequences for the environment, the analysis of environmental risks prepared in compliance with Law 26/2007 of 23 October of environmental liability may be used.

3. The safety report shall be submitted in compliance with the following deadlines:

(a) In the case of new establishments, it shall be transmitted together with the application for authorization of the establishment.

(b) In the case of existing Tier II establishments, before the one-year period from the date of entry into force of this Regulation.

c) In the case of the other establishments, within two years from the date of application of this JTI to the establishment in question.

4. Points 1, 2 and 3 shall not apply if the operator has already submitted the safety report, in accordance with ITC No 10 of the Regulation on pyrotechnic articles and cardboard approved by Royal Decree 563/2010 of 7 May, before the date of entry into force of this Regulation, and the information contained in it complies with points 1 and 2 and has not changed. In order to comply with points 1 and 2, the operator shall submit all the modified parts of the safety report in the manner prescribed by the competent authority within the time limits referred to in point 3.

5. Any safety report shall be evaluated. For the assessment of the safety reports, the Government Delegation or, where appropriate, the Subdelegation, may require the operator, if appropriate, to request the report of a contributing entity of the Administration (ECA), as defined in Article 6 of this Regulation.

6. Once the safety report has been evaluated, the Government Delegation to the Autonomous Community, or, where appropriate, the Government Subdelegation, shall decide within the maximum period of six months from the date of its delivery, on the safety conditions of the establishment in respect of major accidents, in any of the following ways:

(a) Communicate to the industry its conclusions on the examination of the safety report, if any, upon request for additional information and/or relevant amendments.

(b) It shall prohibit the entry into service or continuation of the activity of the establishment concerned, in accordance with the powers and procedures provided for in paragraph 18.

7. Without prejudice to paragraph 10, the operator shall periodically review the safety report and, where appropriate, update it as follows:

a) At least every five years;

b) In the wake of a major accident in your establishment;

(c) At any time, on the initiative of the operator or at the request of the competent authority, where it is justified by new data or in order to take account of new technical knowledge on safety.

The updated safety report, or its updated parts, shall be sent without delay to the Delegation or, where appropriate, to the Subdelegation of the Government concerned.

For the purposes of paragraph 20, the Government Delegation or Subdelegation shall inform the Directorate General of Civil Protection and Emergencies of the Ministry of the Interior of such updates, in order to incorporate this information into the National Chemical Risk Database referred to in the State Plan for Civil Protection against Chemical Risk, approved by Royal Decree 1070/2012 of 13 July.

8. The Government delegation or sub-delegation may require the manufacturers of Tier I establishments to draw up and submit to that body certain aspects of the safety report which may be necessary for compliance with the provisions of paragraphs 7 and 8.

10. Modifying an installation, setting, or storage zone

1. In the event of a modification of an installation, an establishment or part thereof, or a storage area, including the characteristics or physical form or quantities of dangerous substances which may have significant consequences for the danger of a serious accident or which may result in a Level I establishment becoming Level II or vice versa, the operator shall review and, if necessary, update the notification, the policy for the prevention of serious accidents, the safety management system, the safety report and the Internal Emergency Plan or Self-protection and inform the Delegation or the Government Subdelegation of such updates before proceeding with such amendment.

2. For the purposes of paragraph 20, the Delegation or the Subdelegation of the Government shall inform the competent authority in the field of civil protection of the Autonomous Community where the establishment is located, and the Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior, in order to incorporate this information into the National Chemical Risk Database referred to in the State Plan for Civil Protection against Chemical Risk, approved by Royal Decree 1070/2012 of 13 July.

11. Internal Emergency or Self-Protection Plans

1. The operator whose establishment is responsible for this JTI shall draw up an internal emergency plan or self-protection plan, defining the organisation and set of means and procedures for action, in order to prevent accidents of any kind and, where appropriate, to limit the effects within the establishment.

Its content shall be in accordance with the provisions of the Basic Civil Protection Guideline for the control and planning of serious accidents involving dangerous substances and the legislation on self-protection. They shall be drawn up after consultation with the staff of the establishment and the employees of subcontracted or sub-contracted undertakings in the long term, in any event complying with the provisions of Article 18 on the information, consultation and participation of workers, on the Law 31/1995 of 8 November on the Prevention of Occupational Risks.

In the framework of the obligations arising from the coordination of business activities referred to in Article 24 of the aforementioned Law 31/1995, of 8 November, on the prevention of occupational risks, developed by RD 171/2004, of January 30, in the field of coordination of business activities, the owner of the establishment must report the contents of the Plan of Emergency Interior or Self-Protection to those subcontracted and self-employed companies that carry out their activities in the establishment, and all of them must comply with the duty of the of cooperation and with the other obligations set out in that Royal Decree.

2. This Plan of Emergency Interior or Self-Protection shall be referred to the Government Delegation in the Autonomous Community, or, where appropriate, to the Government Subdelegation.

3. The deadlines for your submission will be:

(a) For new establishments, before the start of their operation or prior to the modifications resulting in a change in the inventory of dangerous substances; all within the time limit set by the competent body;

(b) For existing establishments, no later than 1 June 2016, unless the plan drawn up prior to that date and the information contained therein comply with the provisions of this paragraph and have not changed;

(c) For other establishments within two years of the date on which the JTI is applied to the establishment in question.

4. The Government delegation or sub-delegation shall forward to the competent authority in the field of civil protection of the Autonomous Community the Plan of Internal Emergency or Self-Protection referred to in paragraph 1, the Notification referred to in paragraph 6 and the Security Report referred to in paragraph 9, as well as its subsequent updates.

5. The authority responsible for the protection of the Autonomous Community shall be informed of the results of the exercises and drills carried out and of the date of completion.

The regulatory review of the Internal Emergency or Self-Protection Plans shall be carried out at appropriate intervals which shall not exceed three years and shall take into account both the changes that have occurred in the establishments concerned and the organisation of the emergency services called to intervene, as well as new technical knowledge and knowledge of the measures to be taken in the event of a major accident.

12. Planning the occupation of the soil

1. The Government Delegations and Sub-delegations shall establish, in the performance of the tasks assigned to this ITC, the necessary information processes in relation to the competent authorities in the area of land occupation planning, in accordance with the appropriate principles of coordination, collaboration and consultation. The procedures shall be such that, at the time of taking the decisions, the competent authorities have sufficient information on the risks linked to the establishment which is relevant to the planning of the occupation of the soil.

2. In any case, such processes shall be referred to:

a) The placement of new establishments;

(b) Changes to the establishments referred to in paragraph 10;

(c) New works of State ownership, where the site or works executed may cause or increase the risk or consequences of a major accident.

3. For the purposes set out in point 1, the industrialists shall provide the delegations or, where appropriate, the government sub-delegations, at the request of the delegations, with the information on the risks linked to the establishment which is necessary for the purpose of planning the occupation of the soil.

13. Information to the public

1. The Government Delegation to the Autonomous Community or, where appropriate, the Government Subdelegation shall make the information referred to in Annex II available to the public on a permanent basis and also in electronic form. The information shall be updated as necessary, also on the basis of the amendments referred to in paragraph 10.

2. It will also ensure that:

(a) the safety report shall be made available to the public upon request, without prejudice to paragraph 21.3. For this purpose, a modified report shall be made available to the public, for example in the form of a non-technical summary, which shall include general information on the hazards of a major accident and its potential effects on human health, property and the environment in the event of a major accident.

(b) the inventory of regulated products is made available to the public upon request, without prejudice to the provisions of paragraph 21.3.

c) All persons who may be affected by a serious accident shall be regularly, by the most appropriate means and without having to request it, clear and comprehensible information on the safety measures and the behaviour to be taken in the event of a major accident.

14. Public consultation and participation in decision making

1. In addition to the provisions of this Regulation concerning the authorisations of workshops and deposits, the Delegation of the Government to the Autonomous Community, or, where appropriate, the Government Subdelegation shall submit to the public concerned, prior to their approval or approval, the specific projects relating to:

(a) Projects of new establishments in accordance with paragraph 12.

(b) Projects for the modification of establishments referred to in paragraph 10, where they are subject to the requirements of paragraph 12.

(c) State works or buildings, i.e. the authorisation of which is a state competence, in the immediate vicinity of existing establishments, where the site or works carried out may increase the risk or the consequences of a major accident in accordance with paragraph 12.

2. To this end, the Government Delegation to the Autonomous Community, or, where appropriate, the Government Subdelegation shall inform the public by notice published in the relevant Official Journal for at least 15 working days of the following matters:

a) The object of the particular project;

(b) Where appropriate, the fact that a project is subject to an environmental impact assessment, or to consultations between Member States;

(c) Data from the competent authority to take the decision, from which relevant information can be obtained and to which comments may be submitted or questions asked, as well as the time limits for this;

(d) An indication of the dates and locations in which the relevant information will be provided, as well as the means used to do so.

e) The modalities of public participation defined in accordance with point 6 of this paragraph.

3. For the specific projects referred to in point 1, the following elements shall be made available to the public concerned:

(a) The main reports and opinions referred to the competent authority at the time the public was informed in accordance with point 2;

(b) Any information other than that referred to in point 2 of this paragraph which is relevant to the decision in question and which can only be obtained after the public has been informed in accordance with paragraph 2.

The interested public must decide within the maximum period of 30 calendar days from the receipt of the request for participation. After that period without the delivery of the statement, the procedure shall continue.

4. Where appropriate decisions are taken, the adoption of which shall take due account of the results of the consultations held, the Delegation of the Government in the Autonomous Community, or, where appropriate, the Subdelegation of the Government shall inform and make available to the public, through public notices or other appropriate means such as electronic means where available, and within three months from receipt of the notification and the documents to accompany it:

a) The content of the decision and the reasons that justify it, including, where applicable, subsequent updates;

b) The results of the consultations held before taking the decision and an explanation of how they were taken into account to reach it.

5. In order for the public concerned to have the possibility from an early stage of giving its opinion on projects relating to the cases referred to in point 1 (a) or (c)

(a) The competent authority shall consult the public concerned, making the draft of the draft available to it.

(b) The interested public consulted shall decide within the maximum period of 45 working days from the receipt of the draft. After that period without the delivery of the statement, the procedure shall continue;

(c) The competent authority shall take the relevant decision within four months of the start of the consultation process;

The Government Delegation to the Autonomous Community, or, where appropriate, the Subdelegation of Government shall determine which public has the right to participate for the purposes of this point, including the relevant non-governmental organizations that meet the relevant requirements imposed by national legislation, such as those working for environmental protection.

This point shall not apply to projects for which a participation procedure is carried out in accordance with Law 21/2013 of 9 December of environmental assessment.

15. Information to be provided by the operator after a major accident

1. Following the emergency situation caused by a major accident, the industrial operator shall refer to the Government Delegation in the Autonomous Community, or, where appropriate, to the Government Subdelegation, detailed information on:

a) The causes and effects produced as a result of the accident

b) The measures planned for:

Mitigate the effects of the accident in the medium and long term.

Avoid similar accidents, based on the experience gained.

This information should be updated in the event that more rigorous investigations reveal new facts that modify that information or the conclusions that may be drawn from it.

2. This information shall be forwarded by the Delegation of the Government in the Autonomous Community, or, where appropriate, by the Subdelegation of the Government, to the corresponding Autonomous Community.

16. Measures to be taken by the Competent Authority after a major accident

Terminated the emergency situation by a major accident, the Government Delegation in the Autonomous Community, or, where appropriate, the Government Subdelegation shall:

Make sure that the medium-and long-term measures are taken, that they are necessary.

Collect, through inspection, investigation or other appropriate means, the information necessary for a complete analysis of the accident in the technical, organizational and management aspects.

Arrange what is necessary for the industrialist to take the necessary palliative measures.

Formulate recommendations on future prevention measures.

17. Information to be provided by the Competent Authority in the event of a major accident

1. The Government Delegations shall send to the Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior as soon as possible, and no later than two months after the date of the accident, the information of major accidents occurring on their territory. This is the purpose of being incorporated into the National Chemical Risk Database. For those meeting the criteria of Annex III to this ITC, this information shall contain at least the following information:

i. Name and address of the authority responsible for producing the report;

ii. Date, time and place of the accident, full name of the operator and address of the establishment concerned;

iii. A brief description of the circumstances of the accident, with indication of the regulatory issues involved and the immediate effects on human health and the environment;

iv. A brief description of the emergency measures taken and the immediate precautions necessary to avoid the repetition of the accident;

v. The results of their investigations into the accident and recommendations. This information may be delayed in order to allow for the conclusion of legal proceedings, where such communication may affect such proceedings.

2. For the purposes of this paragraph, the corresponding standard formats shall be agreed within the National Civil Protection Commission, in accordance with the criteria recommended by the European Commission.

18. Prohibition of exploitation

1. The Government Delegation to the Autonomous Community, or, where appropriate, the Government Subdelegation, shall prohibit the operation or entry into service of any establishment, installation or storage area, or any part thereof, where the measures taken by the holder for the prevention and reduction of serious accidents are considered to be manifestly insufficient.

In particular, they shall take into account serious cases where the necessary measures referred to in the inspection report have not been adopted.

2. The Government Delegation to the Autonomous Community, or, where appropriate, the Government Subdelegation, may prohibit the operation or entry into service of any establishment, installation or storage area, or of any part thereof, if the operator has not submitted the notification, reports or other information required by this ITC within the time limit set.

3. The Government Delegation to the Autonomous Community, or, where appropriate, the Subdelegation of the Government shall inform the competent authority in matters of civil protection of the Autonomous Community and the National Civil Protection Commission, through the Directorate General of Civil Protection and Emergencies of the Ministry of the Interior, of the decisions taken in accordance with points 1 and 2 of this paragraph.

4. In the light of the prohibitions laid down in points 1 and 2, the industrial concerned may institute proceedings, in accordance with the provisions of Law No 30/1992 of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure.

19. Inspections

1. The Functional Areas of Industry and Energy of the Delegations and Subdelegations of Government shall establish a system of inspections and control measures appropriate to each type of establishment.

2. Such inspections shall be appropriate for the type of establishment concerned, shall not depend on the receipt of the safety report or any other report submitted and shall enable a planned and systematic examination of the technical equipment, organisation and management modes applied in the establishment, in order to enable the operator to demonstrate, in particular:

(a) That it has taken appropriate action, taking into account the activities of the establishment, to prevent serious accidents;

b) That it has taken appropriate measures to limit the consequences of serious accidents inside and outside the establishment;

c) That the data and information provided in the security report or in another of the reports presented accurately reflect the security of the establishment;

d) That it has established programmes and informed staff of the establishment on protective and action measures in the event of an accident.

e) The information provided for in paragraph 14 shall be provided to the public.

3. All establishments should be covered by an inspection plan, which shall be reviewed and updated periodically as appropriate by the Functional Areas of Industry and Energy of the Government Delegations and Subdelegations.

The inspection plans will include the following:

a) An overall assessment of the relevant security issues;

b) The geographical area covered by the inspection plan;

c) A list of the establishments covered by the plan;

d) A list of the groups of establishments with possible domino effect according to paragraph 8;

e) A list of establishments in which sources of danger or specific external risks may increase the likelihood or consequences of a major accident;

(f) Procedures for routine inspections, including programmes for such inspections in accordance with point 4;

g) The procedures for non-routine inspections referred to in point 6;

(h) Provisions on cooperation between the various authorities responsible for inspections.

In order to carry out the inspections, the Functional Areas and Industry and Energy Dependencies of the Delegations and Subdelegations of Government, if they consider it appropriate, may require the collaboration of a contributing entity of the Administration (ECA), as defined in Article 6 of this Regulation.

4. On the basis of the inspection plans referred to in point 3, the competent authority shall regularly prepare routine inspection programmes for all establishments, including the frequency of on-site visits for the different types of establishments.

The period between two consecutive on-site visits shall not exceed one year for Tier II establishments and three for Tier I establishments, unless an inspection programme has been drawn up based on a systematic assessment of the serious accident hazards of the establishments concerned.

This systematic assessment of the hazards of the establishments concerned shall be based on at least the following criteria:

(a) The possible impact of relevant establishments on human health and the environment;

b) The compliance history of the requirements of this ITC.

Where appropriate, account shall also be taken of the relevant findings of inspections carried out in accordance with other regulations.

5. Non-routine inspections shall be carried out to investigate, as soon as possible, serious complaints, serious accidents and accident incidents, incidents and cases of non-compliance.

In order to carry out the inspections, the Functional Areas of Industry and Energy of the Delegations and Subdelegations of Government, if they consider it appropriate, may require the industry to request the collaboration of a contributing entity of the Administration (ECA), as defined in Article 6 of this regulation.

6. Within four months of each inspection, the competent authority shall inform the operator of the findings of the inspection and of any action deemed necessary. The Industry and Energy Dependent Area of the Delegation or Deputy Government Subdelegation shall ensure that the operator carries out all such necessary actions within a reasonable period after receiving the communication.

If an important case of non-compliance with this ITC has been detected, another inspection will be carried out within six months.

The Government Delegation to the Autonomous Community, or, where appropriate, the Subdelegation of Government, shall inform the competent authority in matters of Civil Protection of the Autonomous Community, by means of an annual report drawn up for this purpose, the results and circumstances that have taken place in the inspections carried out.

Where possible and appropriate, the inspections shall be coordinated with those carried out in accordance with other regulations.

7. For the purposes of paragraph 20, the corresponding Delegation or Subdelegation of the Government shall inform the Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior of such inspections in order to incorporate the information referred to in point 2 of this paragraph to the National Chemical Risk Database described in the State Plan for Civil Protection against Chemical Risk, approved by Royal Decree 1070/2012 of 13 July.

8. The Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior shall establish mechanisms and instruments to exchange experiences and consolidate knowledge, between competent authorities and to participate in those mechanisms at European Union level when appropriate.

9. Manufacturers should provide the competent authority with any assistance necessary to enable them to carry out the inspections and to gather accurate information for the performance of their duties for the purposes of this JTI, in particular to enable the authorities to assess thoroughly the possibility of a serious accident and to determine the likelihood of an increase in the likelihood or severity of serious accidents, to prepare an external emergency plan and to take into account substances which, by their physical form, their particular conditions or their location, may require an additional consideration.

20. Exchanges and information system

1. The General Directorate of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism through the Directorate General of Coordination of the State Peripheral Administration will ensure that the Functional Areas or Industry and Energy Dependencies of the Delegations and Subdelegations of Government exchange information on the experience acquired in the prevention of serious accidents and the limitation of their consequences, and the knowledge among them is consolidated. This information will be primarily concerned with the operation of the measures provided for in this JTI.

2. The Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior, shall administer and maintain the National Database on Chemical Risk, with information on the establishments referred to in this ITC, and at the disposal of the competent administrative bodies.

3. In order to facilitate compliance with the provisions of point 1 of paragraph 13, the Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior shall allow, through its website, if the Delegation of Government in the Autonomous Community where the establishments radiate so considers, to make available to the public the data in Annex II which are not considered confidential in accordance with paragraph 21.

21. Access to information and confidentiality

1. In the interests of greater transparency, the competent authority shall provide the information received pursuant to this ITC to any natural or legal person who so requests, in accordance with the terms of Law 27/2006 of 18 July, on the rights of access to information, public participation and access to justice in the field of the environment.

2. The disclosure of information required under this ITC, including that under paragraph 13, may be rejected or restricted by the competent authority when the conditions laid down in Article 13 of Law 27/2006 of 18 July are met.

3. The disclosure of the complete information referred to in points (a) and (b) of paragraph 13.2 (b) held by the competent authority in each case may be refused by the competent authority, without prejudice to the provisions of paragraph 2 of this Article, if the operator has requested that certain parts of the safety report or the inventory of dangerous substances not be disclosed for the reasons set out in Article 13 of Law 27/2006 of 18 July.

The competent authority in each case may also decide, for the same reasons, that certain parts of the report or inventory are not disclosed. In such cases, and subject to the agreement of that competent authority, the operator shall provide a modified report or inventory to which those parties are excluded.

22. Access to justice

1. Any applicant who requests information pursuant to points (a) or (b) of paragraph 13 (2) or point (1) of this ITC may bring the administrative resources covered by Title VII of Law 30/1992, of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure, and other applicable rules and, where appropriate, the administrative-administrative appeal provided for in Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction.

2. The public concerned, in the cases referred to in paragraph 14.1, may submit the administrative resources provided for in Title VII of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, and other applicable rules and, where appropriate, the administrative-administrative appeal provided for in Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction.

23. Penalties

Failure to comply with this ITC will be qualified and sanctioned in accordance with the provisions of Title X of this Regulation.

ANNEX I

Information referred to in paragraph 7.5 and paragraph 9 relating to the safety management system and the organisation of the establishment with a view to the prevention of major accidents

For the implementation of the safety management system developed by the industry, account shall be taken of the following elements:

(a) the safety management system shall be proportionate to the hazards, industrial activities and complexity of the organisation existing in the establishment and shall be based on a risk assessment. It should integrate the part of the overall management system that includes the organisational structure, responsibilities, practices, procedures, processes and resources that enable the definition and implementation of the policy of prevention of serious accidents;

b) the following points will be addressed in the framework of the security management system:

i. the organisation and staff: the roles and responsibilities of staff associated with the management of major accident hazards at all levels of organisation, together with the measures taken to raise awareness of the need for permanent improvement; the identification of the training needs of such staff and the organisation of such training; the involvement of employees and outsourced staff working in the establishment who are important from the point of view of security

ii. the identification and assessment of serious accident hazards: the adoption and application of procedures for the systematic identification of serious accident hazards which may occur in the case of normal or abnormal functioning, including, where appropriate, subcontracted activities, as well as the assessment of their likelihood and their severity,

iii. the control of operation: the adoption and application of procedures and instructions for safe operation, including maintenance, facilities, procedures and equipment, and for the management of alarms and temporary stops; taking into account the information available on best practices for monitoring and control, with a view to reducing the risk of systems failure; management and control of the risks associated with the ageing of the installation and corrosion equipment: inventory of equipment, strategy and establishment methodology for monitoring and control of the state of the equipment, appropriate monitoring measures and necessary countermeasures,

iv. management of modifications: the adoption and application of procedures for the planning of modifications to be made in existing facilities, processes or storage areas or for the design of new ones,

v. the planning of emergency situations: the adoption and implementation of procedures to identify foreseeable emergencies through systematic analysis, as well as to develop, test and review plans to address such emergency situations and to provide specific training to the staff concerned; this training shall be provided to all staff working in the establishment, including relevant subcontracted staff,

vi. monitoring of the operation: the adoption and implementation of procedures for the permanent assessment of compliance with the objectives set by the industry in the context of its policy for the prevention of serious accidents and its system for the management of safety, and the introduction of mechanisms for investigation and correction in the event of non-compliance; the procedures shall cover the industrial system for the notification of major accidents or accident hazards, in particular where there have been failures of the protection measures, the investigation carried out on the with respect to and performance based on experience gained; procedures could also include performance indicators, such as safety performance indicators or other relevant indicators;

vii. the audit and analysis: the adoption and application of procedures for the systematic regular evaluation of the policy for the prevention of serious accidents and the effectiveness and suitability of the safety management system; the analysis documented by the management of the operation of the policy applied, the safety management system and its updating, including the consideration and incorporation of the changes identified as necessary in the audit and analysis exercise.

ANNEX II

Information to be provided to the population in accordance with paragraph 13.1.

Part 1. For all establishments:

1. Name or business name of the operator and full address of the establishment concerned.

2. Confirmation that the establishment complies with this ITC.

3. Explanation in simple terms of the activity or activities carried out in the establishment.

4. The common names or generic names or the hazard classification of the existing regulated products in the establishment which may result in a serious accident, indicating their main dangerous characteristics, in simple terms.

5. General information on the manner in which the public concerned will be notified, if necessary; appropriate information on the appropriate behaviour in the event of a serious accident or indication of where this information can be accessed electronically.

6. The date of the last inspection carried out by the competent authority.

7. Detailed information on how to obtain more information in this respect, without prejudice to the requirements set out in paragraph 21.

Part 2. For Tier II establishments, in addition to the information referred to in Part 1 of this Annex:

1. General information on the nature of the hazards of serious accidents, including their potential effects on human health and the environment and summary of the main types of serious accident scenarios and the control measures taken in anticipation of them.

2. Confirmation that the operator is obliged to take appropriate measures at the site, including contact with the emergency services, in order to act in the event of a major accident and to minimise its effects.

3. Appropriate information on the external emergency plan developed to deal with the effects that an accident may have outside the site where it occurs. Calls for cooperation should be included, with instructions or slogans issued by the emergency services at the time of the accident.

4. Where appropriate, indication of whether the establishment is close to the territory of another Member State and there is a possibility of a serious accident having cross-border effects in accordance with the Convention on the Transboundary Effects of Industrial Accidents, of the United Nations Economic Commission for Europe (UNECE).

ANNEX III

Criteria for the notification of a serious accident to the European Commission in accordance with paragraph 16

(a) The Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior shall notify the European Commission of any accident which complies with the description of point 1 or which has at least one of the consequences described in points 2, 3, 4 and 5 below:

1. Substances involved: any fire or explosion or accidental release of a dangerous substance in which an amount of not less than 5 per cent of the quantity referred to as the threshold in column II of paragraph 1 is involved.

2. Damage to persons or property: accident in which a dangerous substance is directly involved and which originates from one of the following facts:

i. One death,

ii. Six persons injured within the facility requiring hospitalization for 24 hours or more,

iii. A person outside the establishment who requires hospitalization for 24 hours or more,

iv. Housing (s) located outside the damaged establishment (s) and unusable because of the accident,

v. Evacuation or confinement of persons for more than 2 hours [(persons × hours): The product is equal to or greater than 500],

vi. Interruption of drinking water, electricity, gas or telephone services for more than 2 hours [(persons × hours): the product is equal to or greater than 1000].

3. Direct damage to the environment:

a) permanent or long-term damage caused to terrestrial habitats:

i. 0.5 Ha or more of an important habitat from the point of view of the environment or conservation and protected by law,

ii. 10 Has or more of a more widespread habitat, including labor lands;

b) significant or long-term damage caused to freshwater or marine habitats:

i. 10 km or more of a river or channel,

ii. 1 Ha or more of a lake or pond,

iii. 2 Ha or more than one delta,

iv. 2 Ha or more than one coastal or maritime zone;

c) significant damage to an aquifer or groundwater:

1 Ha or more.

4. Material Damage:

Material damage to the property: from 2 million euros.

Material damage outside the establishment: from EUR 0.5 million.

5. Cross-border damage: Any accident in which a dangerous substance is directly involved and which is of origin for purposes outside the Spanish territory.

(b) The European Commission must be notified of accidents and accidents which have been avoided by a small margin which, in the opinion of the Government Delegation, are of particular interest from the technical point of view of the prevention of serious accidents and to limit their consequences and which do not meet the quantitative criteria referred to above in paragraph (a).

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 11

Citizen security: surveillance and protection measures in the field of cardboard, pyrotechnics, and transport of metal and safety cards

Without prejudice to the compliance with the specific rules that regulate each case and in compliance with the rules of the pyrotechnic articles and cardboard regulations, this ITC details the measures of citizen security in the various establishments and during the transport. The transport of cardboard consisting of a combination of metal ammunition of 22 caliber and other calibers shall be exempt from the duty to comply with this ITC provided that none of the following quantities are exceeded: a maximum total of 12,000 units transported from the board of all the calibers, of which at most 5,000 units are of calibers other than 22.

In the same way, the transport of safety mecha to the manufacture of pyrotechnic articles, provided that it is cut in pieces that do not exceed 45 cm in length and whose net quantity of regulated matter transported does not exceed 450 kilograms, shall be exempt from this ITC.

To transport security on conditions other than those described in the previous paragraph, this ITC will apply to you.

1. Security measures in workshops and in warehouses

Together with the documentation of authorization, substantial modification of a workshop or a deposit, your holders will submit for approval to the Central Intervention of Arms and Explosives a draft of a plan of citizen security, prepared by a security company in which the following aspects will be specified:

Responsible security company.

Human Security:

i. Number of security guards per shift.

ii. Number of shifts.

iii. Number of surveillance posts.

iv. Responsible for security.

Physical security:

i. Conditions of facades, doors, perimeter fencing and electronic protection, where applicable.

ii. Reaction time.

iii. Connection with communication center.

iv. Connection with the Civil Guard.

The security company working on the citizens ' security plan will be responsible for the veracity of the data it contains.

Human surveillance may be replaced in all installations with sufficient physical security and an electronic security system against theft and intrusion connected with the central alarm receiver. Such physical and electronic security shall be at least as specified in Annex I to this JTI for each type of installation, depending on the maximum storage capacity, and shall be approved, where appropriate, by the Central Arms and Explosives Intervention.

The connection between the installation and the Civil Guard will be with the Unit of each Command, designated by the Chief of the Zone where the establishment is located, all of which is requested by the owner.

2. Road transport

The security companies registered for the transport, in the Registry of Security Companies of the Ministry of the Interior, will have the transport safety plans that they need for their activity, that will be approved by the Intervention of Arms and Explosives of the Civil Guard that for demarcation corresponds, according to the territorial scope, which are configured as Plan of Transportation Security (Base Document) and Adenda of Update, according to model approved by the Central Intervention of Arms and Explosives.

With 48 hours in advance, any company that intends to transport the regulated materials in this ITC through the national territory, both in internal activities, transfers, import, export or transit, will submit for approval to the Intervention of Weapons and Explosives of origin or of entry into the national territory the Adenda of Update, made by the security company that must carry it out.

The number of explosives security guards will be at least one per vehicle. In the case of a convoy, the number of guards shall be at least that of the number of vehicles plus one. One of them will be responsible and coordinator of all security.

Explosives security guards shall travel on each vehicle forming the transport, and shall exclusively attend to the safety of the material being transported, so that they may not perform any operation of driving, loading or unloading, nor putting the packages within the reach of the unloading operators.

All vehicles will be linked to each other and with a center designated by the security company, by mobile phone, as well as with the operational centers of Civil Guard services of all the affected provinces, through one or several communication systems that allow the connection, at all times, from any point of the national territory.

The characteristics to be gathered by the transport vehicles of these materials will be those indicated in the ADR.

By the characteristics of transportation, in addition to these security measures, the Civil Guard will be able to establish its own escort with the number of personnel it deems appropriate.

All incidents that occur during transport will be in the circulation guide.

All the Commanders will know the passage of transport of the regulated materials in this ITC for their demarcation. For this purpose the Home Command will communicate it with twenty-four hours in advance to the Commanders of passage and destination.

Except for the presentation of the Safety Plan to safety mecha transports for the manufacture of pyrotechnic articles, provided that the transported material is cut into pieces that do not exceed 45 centimetres in length and the quantity of regulated net matter transported is equal to or greater than 450 kilograms. This plan will be replaced by the communication document set out in Annex II of this ITC, which will be presented 48 hours in advance of the Intervention of Weapons and Explosives of origin or of entry into the national territory.

3. Rail transport

The process for this mode of transport, in its road phase from the source of cargo to the railway at the station of origin, and from the railway at the last station to the final destination, will be in everything established for the road transport.

Transport security shall be provided by at least two explosive security guards, one of them travelling on the tractor wagon or the nearest and the other on the wagon immediately after the wagon carrying the regulated materials.

The transport safety undertaking in its final section shall have the vehicles and, where appropriate, the staff at the waiting time, 30 minutes before the scheduled time of arrival.

The following minimum rail data will be added to the documentation:

i. Initial transhipment station.

ii. Identification of the circulation.

iii. Expected time of departure.

iv. Approximate time of arrival at the next final destination station.

v. Itinerary.

vi. Stops (place, time, and duration), if any.

vii. Time of each stop.

viii. Telephone number for contact with the locomotive.

If for any reason the circulation is paralyzed longer than expected or there are delays in departure of origin or arrival to destination, it will be brought to the attention of the Civil Guard of the place of the incident.

4. River transport

The process for this mode of transport, in its road phase from the load source to the loading dock of origin, and from the last unloading dock to the final destination, will be in everything to be established for the road transport.

Transport security will be provided, at least, by a security guard of explosives per vessel.

The transport safety undertaking in its final section shall have the vehicles and, where appropriate, the staff at the waiting time, 30 minutes before the scheduled time of arrival.

The following minimum transport fluvial data shall be added to the documentation to be submitted:

i. Initial dock.

ii. Identification of the river medium.

iii. Expected time of departure.

iv. Approximate time of arrival to the dock near the final destination.

v. Itinerary.

vi. Stops (place, time, and duration), if any.

vii. Time of each stop.

viii. Telephone number for contact with the means of transport.

If for any reason the circulation of the river medium is paralyzed for longer than expected or delays in departure of origin or arrival to destination occur, it will be brought to the attention of the Civil Guard of the place of the incident.

5. Air and sea transport

The processing for these modes of transport, in its road phase from the load source to the area or loading dock of origin, and from the last unloading zone or dock to the final destination, will be in everything established for the road transport.

Transport security shall continue on the air or sea of transport where the transhipment has been made, until its departure from the area or dock.

The transport safety company in its final stretch, will have the vehicles and the staff waiting for it, thirty minutes before the scheduled time of arrival.

The following minimum transport air or sea data shall be added to the documentation to be submitted:

i. Initial area or dock.

ii. Identification of means of transport.

iii. Expected time of departure.

iv. Approximate time of arrival to the area or dock near the final destination.

v. Itinerary.

vi. Stops (place, time, and duration), if any.

vii. Time of each stop.

viii. Telephone number for contact with the means of transport.

If for any reason delays occur in departure of origin or arrival to destination, it will be brought to the attention of the Civil Guard of the place of the incident.

In the ports or airports where the competent authority is authorized to store, for the storage of regulated substances pending, and for the alleged impossibility of direct transfer of vehicle to ship or means of transport, the matter may be unloaded in these warehouses. The safety of the regulated matter will continue in that warehouse until its cargo to destination, except that in the plan of safety of the said warehouse approved by the Intervention of Arms and Explosives of the Command, independent service is planned as storage.

ANNEX I

Minimum requirements for citizen security plans and physical and electronic security systems

The public safety plans and the physical and electronic security systems referred to in paragraph 1 of ITC number 11 of the Regulation on pyrotechnic articles and cardboard should clearly specify the following aspects:

Perimeter cercate

Its purpose is to complete the provisions of the Regulation of pyrotechnic articles and cardboard, clearly delimit the property and avoid the entry of people and animals.

The installations will have a sufficiently resistant enclosure to prevent the passage of people, animals or things, entirely clear and free of elements that allow their scale, with a height of 2 meters (measured from the outside of the enclosure), of which the upper 50 centimeters will necessarily be three rows of barbed wire, placed on the inclined bayonets 45.

When it is a wall or the rigor of the inclement in the zone acts negatively on the tension of the fence and on the wires of hawthorn, the latter can be substituted by concertina of double yarn of 50 centimeters of diameter.

If the enclosure is by metal fence, the structure that supports it will be placed inside and its bottom adjusted to the ground in the necessary way, in order to avoid the intrusion of people and the alarms generated by the entrance of animals to the installation. If the entire underside of the side of the side of the side of the side of the side or the concrete or blocks or any other solid and rigid structure is chosen by means of a flap, or a similar procedure, the junction point of the socket or similar structure with the fence cannot be constituted as an element that allows the scale, for which the appropriate fitting is given, so that there is no possibility of climbing on it and climbing.

All dangerous information posters will also be installed inside, including security systems and being connected to a central alarm receiver (hereinafter referred to as CRA).

This enclosure shall be at least a distance of 10 metres from any warehouse or manufacturing site, or local preparation and assembly; distance which may be halved by means of artificial defences.

In the case of emergency exits, they will be equipped with an outward opening system and remain closed at all times, allowing evacuation from the inside. They shall have a height equal to that of the enclosure, their structure shall prevent their scale and opening from the outside and, they shall have a detector which is left unapproved or which is not closed.

End of work schedule, these exits will be closed by a security lock that prevents the control unit from putting the installation into safe mode without having previously checked that it remains closed.

Outer Corridor

The object is to avoid constructions attached to the enclosure, walls, fences, majans, trees, etc., to facilitate their maintenance and, in particular, the necessary prior external control, of the human right or medium of verification of alarms established in the plan of citizen security; also, by way of a firewall, to avoid the propagation inside the installation of a fire or fire coming from the exterior.

It shall be made up of a strip of land, at least three metres wide, entirely clear in such a way as to facilitate the control of the services provided by citizen security at any time for these installations. In the light of exceptional circumstances in each individual installation, this strip of land may be reduced to a minimum of useful space for the transit of persons; this shall be taken into account in the installation's citizens ' safety plan.

For the tranches in which the existence of the external corridor is impossible, in those facilities that are authorized for the entry into force of this standard, it will be sufficient for an internal corridor, a circumstance that will be collected in the Plan of Citizen Security of the installation.

Access

The closing doors shall be integrated in the perimeter fence and constructed with materials of the same resistance as the perimeter fence and may be one or two sheets or sliding gate depending on the needs of the access zone; on them and their posts or retaining pillars shall be followed by the 50 centimeters of barbed wire, or concertina in their case.

You will have a security lock or lock that in turn has security key.

In the case of having two sheets the access door, an anchor pin to the floor must be installed to conveniently fix this sheet. The pin may not be manipulated from the outside of the door. These access doors will also be free of elements that allow the scaling.

Electronic protection

Electronic protection will consist of:

1. Perimeter detection system.

2. Internal detection system.

3. Communication line monitoring system.

4. Control system (reception, transmission, evaluation and presentation) of the signals.

Perimeter detection system

The facilities must be protected by perimeter detection systems, either in the perimeter zone or in the surrounding area of the warehouses.

The main function of this type of element is the detection of possible intrusion into the installations before they can reach the hazardous buildings. Except for terrain orography which advises another, the minimum distance of detection at any point around each dangerous building shall be 5 metres.

The selection of the systems and their distribution will be carried out taking into account the climatic characteristics of the area, the topography of the terrain, the organization of the area of the location of the constituent elements or auxiliaries (posts, lighting, fencing, etc.). For this purpose, it may be possible to choose between different detection technologies, any of them being valid provided that the target for which they are installed is met.

In the case of infrared barriers, the maximum height of the lower beam shall be 30 centimetres and the minimum height of the upper beam shall be 150 centimetres; in no case shall the distance between two consecutive beams be greater than 30 centimetres.

Internal Detection System

This system will be integrated by:

Aperture detectors. -Installed on the access doors of the product stores regulated by this Regulation, must be compatible with the stored material and located on the inside face of the access door, in the area closest to the outside edge of the door and the connecting cables must be housed in a protective hose for weathering. If they are installed on the outer face, they must be triple-polarized security. When it comes to two-sheet doors, this system will be installed on each one of them.

Presence Detectors. -Installed in the interior of the product stores regulated by this Regulation, they must be compatible with the regulated matter. Your situation must be the most appropriate to be able to detect immediately the possible access to the entrance door and the movement inside the warehouse.

Seismic detectors. -Installed on the walls of the product stores regulated by this Regulation at the necessary distance so that between two consecutive elements there are no points without detection, with the capacity to detect any attack against the parts of the buildings.

The detection elements must be installed on the walls of the storage buildings.

The use of inertial detectors or vibration or motion detectors is prohibited.

Communication Line Monitoring System

The circuit monitoring shall provide adequate level of safety to the signal transmission lines between the detectors and the local alarm reception unit and between the latter and the CRA and the telephone located in the Civil Guard Unit to be authorized.

The control unit and the central alarm receiver, in an integrated manner or by means of an added element or device, will enable this control, the central alarm receiver being the one to detect and initiate the alarm protocol in the absence of a communication line, in accordance with the protocol established for this purpose in the citizens ' safety plan.

The transmission between each element with the control unit of the installation will always be via a security cable.

The transmission between the control unit of the installation with the central alarm receiver and the telephone installed in the designated Civil Guard's aquartelment shall be by means of a double communication route, so that the inuse of one of them produces the transmission of the signal on the other or a single track that allows the digital transmission with permanent supervision of the line and a backup communication.

In the event that the monitoring of systems and lines of communication is not permanent, it will take place at least twice in 24 hours.

Control System

All active elements must be controlled by a control and centralization unit, with the following characteristics:

i. Have sufficient system analysis zones available.

ii. Be able to connect each of the elements independently with independent programming.

iii. Be able to group detection zones into parcels based on the buildings and areas of the installation.

iv. Independent emergency power support system with its own power supply.

v. Connection to telephony systems.

vi. Possibilities of relay outputs for action on them depending on the needs of the installation.

vii. Control keyboard.

viii. External output for connection with computer systems, zone programming, access keys, connection keys and system connection depending on the number of users.

The control unit will be permanently connected to a Central Alarm Receiver and it will have a specific protocol of action to the needs of each installation, according to the citizens ' safety plan of each of them.

Control Unit Room

The control unit will be housed inside a box or cabinet, in a room or room of the dimensions required, with restricted access to the person or persons who should manipulate their control keyboard. They shall not have voids or windows and if any, shall be protected by fixed security bars.

The door will be of class 4 for attacks of manual refraction according to standard UNE EN1627:2011 metal or of local manufacture with chassis of steel, previewed of reinforcements that facilitate their placement in work and the integration with the armor of the facade, with a steel front plate of 4 millimeters and lock of security with key of security.

It will feature an open door detector and a presence detector.

The control unit keyboard will be hosted inside this room. In the case of being housed outside it, it will be inserted into a metal cabinet, built with 4 mm steel plate and equipped with security lock with security key. Said metal cabinet shall have an opening detector at the door and be permanently protected by a presence detector.

The box where the control unit is located, as well as its keyboard and box of possible exterior housing as well as the means of protection of the room and exterior zone if any, must have anti-sabotage system.

Common and specific protection media

Common media

Workshops and warehouses must be protected by the following common media:

i. Opening detectors.

ii. Presence detectors.

iii. Seismic detectors.

iv. Anti-sabotage elements.

v. Emergency push-buttons.

vi. Control Unit.

vii. Communication Lines monitoring.

viii. Connection to CRA.

ix. Connection to the designated unit or unit.

x. Passive protection means described above.

Physical resistance of stores:

Basic Building. -Building in brick factory, with resistance to the intrusion similar to that of the walls, well in traditional roof of tile, panels of fibercement or industrial panels of double sheet steel and intermediate insulating product; doors of class 6 for attacks of manual refraction according to UNE EN1627:2011 or with doors of local manufacture in chassis of steel, equipped with reinforcements that facilitate their placement in work and the integration with the armor of the facade, with a steel front plate of 4 millimeters of thickness, and another interior plate also of 4 millimeters and high lock security, with a high security key; aeration holes and translucent areas protected by fixed security.

Plus Building. -Building with concrete walls, with resistance to the intrusion similar to that of the walls, well in traditional roof of tile, panels of fibercement or industrial panels of double sheet steel and intermediate insulating product; doors of class 6 for attacks of manual refraction according to norm UNE EN1627:2011, or with doors of local manufacture in chassis of steel, provided with reinforcements that facilitate their placement in work and the integration with the armor of the facade, with a steel front plate of 4 millimeters of thickness, and another interior plate also of 4 millimeters and lock of high security, with high security key; aeration holes and translucent zones protected by fixed security fence.

Specific media

Facilities intended for workshop or storage of products must be protected by at least the above mentioned means and also by some of the following options:

Option A, for installations with a maximum authorized storage capacity of less than 10,000 kilograms of regulated matter:

i. Common media.

ii. Basic building.

Option B, for installations with a maximum storage capacity authorized between 10,000 and 25,000 kilograms of regulated matter:

i. Common media.

ii. Basic building.

iii. Perimeter detection systems.

Option C, for installations with a maximum authorized storage capacity exceeding 25,000 kilograms of regulated matter:

i. Common media.

ii. Building Plus (for warehouses of more than 25,000 kg of regulated matter).

iii. Basic Building (for other warehouses).

iv. Perimeter detection systems.

v. CCTV systems associated with protection elements with transmission to CRA.

Emergency Exits

In the event that emergency exits are required, they will be equipped with an outward opening system and remain closed at all times, allowing the evacuation from the inside and its structure will prevent its opening from the outside. They will also have a detector that will alert you of an unauthorized opening or that the same will not be closed.

End of work schedule, these exits will be closed by a security lock that prevents the control unit from putting the installation into safe mode without having previously checked that it remains closed.

Systems States

For the security systems installed in the workshops and depots will be two: connected and disconnected.

Connected Status

At the end of the installation's own activities and the doors of the buildings where the regulated materials are stored are closed, the security systems will be connected, for which the Head of Workshop or designated person will enter the corresponding key on the keyboard of the control unit.

In this situation all the security systems of the installation are in operation and in a situation of generating activation signal.

When a signal is generated by any element, the type of triggered action will cause alarm or alarm only as the cases and as set forth in this ITC.

The protocol of action for alarms and prealarms, will be the one that, according to the Regulation of pyrotechnic articles and cardboard and other rules of reference or application, will be included in the plan of citizen safety of the installation, where it will have been singularized the specific action that the location and the reaction time imposes to each installation to safeguard the citizen's safety.

The signal produced by the activation of any of the following elements is considered to be prealarm:

i. Some element of the perimeter detection system.

ii. The activation of the detector/is of presence.

iii. A seismic detector.

It is considered an alarm, the signal produced by the activation of any of the following elements:

i. An aperture detector.

ii. More than one seismic detector.

iii. Any anti-sabotage element.

iv. Any emergency push-button.

v. The lack of communication between the control unit and the central alarm receiver.

Any of the following cases will also be considered alarm:

i. The activation of the perimeter detection system and of any of the interior detectors.

ii. The joint or chain activation of more than one internal detection element.

iii. The power failure signal for the security systems.

Disconnected status

At the beginning of the work in the workshop and its auxiliary deposit or in the finished product warehouse, only the warehouses that are affected will be placed in this situation.

In this situation, the anti-sabotage, the seismic and the emergency push-buttons will remain connected.

They will also remain connected 24 hours, the control unit with the CRA and with the designated unit, the supervision of the lines of communication, the devices detecting the lack of power of the systems and the vision of the cameras, if any, in such a way that any damage or tampering is detected at all times.

Unless the work system in the area is affected, they will remain in a situation of "connected", those stores where they are not working continuously.

Other situations

Detected any security impact that is defined as an alarm in this ITC, and that it will not be resolved before the end of the working day, when this time comes, the human surveillance service provided for in the plan of citizen security of the facility will be established for these assumptions, according to the systematic and protocol provided in it.

If the incident is defined as a pre-alarm, it will force the operator or the person responsible for the installation to remain in it until it has been resolved or to establish the human surveillance foreseen in the previous case.

At least, the facilities will have an emergency push button for each activity zone, to address any incidence during the work schedule. Its activation is an immediate alarm and the CRA must communicate the incident without delay to the State Security Forces and Corps and, if necessary, to the Autonomous Police Corps.

Security degree of security elements and systems.

The elements of the security system will be grade 3 of the UNE EN 50131 standard. The amendment or approval of the said standard shall be sufficient for the immediate application of the new standard from the date of its entry into force.

Security measures, installed before the date of entry into force of this regulation, will have indefinite validity unless the security element or measure has ceased to meet the purpose for which it was installed. In case of installation of a new one, the same must comply with the required degree of safety.

In case a security system uses components that are not available on the market at the time of installation, the system will be permitted provided that it complies with its tasks and does not adversely affect its operation.

ANNEX II

Safety wick road transport communication for use in the manufacture of pyrotechnic articles, in pieces not exceeding 45 centimetres in length and a net material quantity equal to or greater than 450 kilograms

DATE:

OUTPUT TIME:

MERCHANDISE DESCRIPTION:

Length in centimeters

Number of chunks

Kilograms of net matter	Recipient

1. TRANSPORT COMPANY DOING SO.

1.1 Naming:

1.2 Social Address:

1.3 Phone:

1.4 Fax:

1.5 E-mail:

2. DESCRIPTION OF THE PATH.

2.1 Source point:

2.2 National territory entry point (if applicable):

2.3 Expected Parades:

2.4 Vies to be used:

2.5 Time of entry into national territory (if applicable):

2.6 Expected time arrival for each recipient:

3. DATA OF THE VEHICLE.

3.1 Matricula:

3.2 Brand and Model:

3.3 N. ADR Certificate:

4. DATA SERVICE FOR MONITORING AND PROTECTION.

4.1 First and last names:

4.2 TIP:

4.3 Arms Licenses:

4.4 Membership Guide:

4.5 Weapon: Mark ___________________ Model ______________ Number________

5. DATA OF THE TOR.

5.1 First and last names:

5.2 N. Driving Meat:

5.2 N. ADR Certificate:

	/Transport Manager	Security Watcher
(Signature and NIF/NIE)	(Signature and NIF/NIE)

AWARE:

Source Weapons and Explosives Intervention

(Seal and signature)

ANNEX III

GENERAL DATA

Arms and Explosives Intervention of:

Material: METAL CARDBOARD

COMPLETE DESCRIPTION OF MERCHANDISE

TOTAL

UN	CODE CLASSIFICATION	BRAND/MANUFACTURER	CALIBRE	QUANTITY
				TOTAL

DATA Transport Requester: Vendor: Source:

: Transport medium:

NOTE. -One copy of this guide will be issued, with the necessary annexes. The guide will accompany the transport at all times and, within the maximum period of 48 hours from its reception, will be delivered by the recipient in the Arms Intervention of the Civil Guard of destination.

ANNEX TO THE NO CIRCULATION GUIDE

TOTAL

description of the merchandise
UN	Code classification	Brand/Manufacturer	Calibre	Quantity
				TOTAL

SUPPLEMENTARY TECHNICAL INSTRUCTION Number 12

Treatment of products intended for disposal or inertization, recycling or reuse

1. Object and scope of application

This ITC aims to establish the minimum requirements to be observed in the management of the elimination or inertization, recycling or reuse of declassified products. The provisions of Law 21/2013 of 9 December of environmental assessment shall also apply.

The management of the waste of the classified products, whether or not they have the consideration of the hazardous ones, coming from the activity of the workshops, deposits of finished products, performance of shows and sale to the public, that they do not present the remains of regulated matter, will be governed by the Law 22/2011, of July 28, of the contaminated waste and soils, the Royal Decree 833/1988, of July 20, for which the regulation of hazardous waste is approved and the remaining provisions of development.

In this case, where the declassified products are in safe conditions, which meet essential safety requirements and other requirements laid down in this Regulation, they may be reused or recycled in accordance with the provisions of this ITC.

2. Types and classification of declassified products intended for disposal or inertisation, recycling or reuse

Unclassified products falling within the scope of this ITC shall be classified in one of the following groups on the basis of the reason why they acquire such a rating:

Type	Description
M1	Industrial Process Restas.
M2	Pyrotechnic article, cardboard, or out-of-standard regulated matter or specifications.
M3	Pyrotechnic article, cardboard, or expired regulated matter.
	Pyrotechnic article or failed card in shot, damaged, or deteriorated.
M5	pyrotechnic article, cardboard, or regulated matter from the closure of authorized workshops, warehouses, or sales establishments.
M6	Pyrotechnic, cardboard, or regulated matter seized, found, prohibited by the legislation in force or equivalent thereto. (administrative expiration is included in this group).
M7	Other pyrotechnic articles, cardboard, or regulated materials.

Where products intended for disposal or inertization, recycling or reuse present an exposure to the outside of regulated matter, such as mixtures of substances in the form of powder, stars of colour or products with loss of pyrotechnic or detonating composition, it is necessary to indicate the chemical components and most representative characteristics of the substances or mixtures exposed, as this situation may lead to an increase in the risk associated with the treatment operations (elimination or inertisation, recycling or reuse). This will set the following additional classification:

Class

Description
CQ0	Unknown substances or mixtures.
CQ1	Substance or detonating mixtures (thunder type or opening).
CQ2	Substances or mixtures with chlorates.
CQ3	Substances or mixtures with ammonium/amines.
CQ4	Substances or mixtures with powdered metals.
CQ5	Substance or mixtures with sulfur/sulfides.
CQ6	Other substances other than the previous ones.

3. General requirements

3.1 Products falling within the scope of this ITC must be subject to a process of disposal or inertization, recycling or reuse, or transferred in a controlled manner to be subject to this process by undertakings or entities authorised for that purpose. Thus, the elimination or inertization, recycling or reuse may be entirely carried out by means of its own, by means of others or mixed.

3.2 Only the companies and/or entities authorized for this purpose, as well as the pyrotechnics workshops and finished product depots that have a suitable place and facilities and procedures suitable for such activity, pursuant to the provisions of this ITC, may carry out the activity of elimination or inertization, recycling or reuse of the products included in the scope of this ITC, and have the proper authorization of the Delegation of Government in the Autonomous Community, prior to the report of the Functional Area. Industry and Energy.

3.3 The requirement set out in point 2 concerning the disposal of the site, facilities and procedures for disposal or inertisation, recycling or reuse authorised by the Government Delegation, and/or the transfer of controlled mode of the products to be disposed of or to be indefenceless to undertakings or entities authorised for this purpose is compulsory for all pyrotechnics and deposits of finished products and essential for the corresponding authorisation to launch the said workshop or deposit.

3.4 Authorized public sales outlets will be responsible for defective, damaged or expired products that they have sold and come from final consumers. Such establishments shall establish the procedure to be followed in order to make products capable of disposal or inertization, recycling or reuse to their suppliers or entities authorised to carry out the corresponding disposal or inertization, recycling or reuse. The cost of return and treatment shall be borne by the holder of the sales establishment or by the supplier, as set out in point 5.

3.5 The obligation to carry out the treatment provided for in this JTI of the products concerned shall be borne by the various operators in the sector depending on the origin of the products susceptible to disposal or inertisation, recycling or reuse. In this sense, the following responsibilities are established:

Type	Responsible
	Product Generator. Where the person responsible is not located in Spain, he shall be the natural or legal person who introduces the regulated matter into the national territory.
M2	Manufacturer or importer of the product. In the case of not being located in Spain, the person responsible shall be the natural or legal person who introduced the product into the national territory.
m3	The product holder at the time of the expiration date. For pyrotechnic articles used in the navy, the person responsible shall be the supplier (manufacturer, importer or distributor) of the sales establishment to the public which has collected the expired products from the final consumer, as a result of the sale of products for the replacement of the expired products. In the rest of the cases, the provisions of Annex V of the International Convention for the Prevention of Pollution from Ships (Marpol Convention) will be available.
	Holder of the finished workshop or product repository that you are firing. In the case of damaged or damaged regulated matter, the person responsible shall be the holder of the regulated matter at the time when the damage or deterioration occurs.
M5	Holder of the closed shop, warehouse, or establishment.
M6	The person responsible for the products seized or found will be the Government Delegation. The person responsible in the case of products or regulated matter prohibited by the current legislation corresponds to the manufacturer or importer of that (when it is not located in Spain the person responsible will be the natural or legal person who introduces the regulated matter in the national territory.
M7	Regulated subject holder.

3.6 Those responsible for products intended for disposal or inertisation, recycling or reuse may only put in place authorised treatments for this purpose and must bear the costs arising from them.

3.7 The Administration of the competent State shall establish the most appropriate disposal or disposal, recycling or reuse treatment in those cases where it is responsible, by means of undertakings or entities authorised for that purpose.

3.8 The treatment of products intended for disposal or inertization, recycling or reuse shall comprise all stages since the product is originated until it is subjected to its own activity of disposal or inertization, recycling or reuse or ceded to an authorized entity.

3.9 Disposal or inertization, recycling or reuse treatments shall be covered by a liability insurance or other financial guarantee covering all stages of the treatment including, where appropriate, the procedures for disposal or inertisation, recycling or reuse applied.

3.10 The entry and exit of products intended for disposal or inertization, recycling or reuse shall be reflected in the books of registration of the finished product or workshop.

4. Treatment of products intended for disposal or inertisation, recycling or reuse

4.1 Packaging.

Products intended for disposal or inertization, recycling or reuse shall be contained in packaging or packaging so that the following conditions are met:

Non-regulated materials which may result in incompatible or self-inflammable mixtures or the mixture of which may lead to an increase in the danger of separate regulated materials shall not be packaged unless special measures are taken to avoid contact between them.

Packaging or packaging must present conditions that ensure safe handling, not presenting breaks or deterioration that may lead to the rupture or loss of integrity of the packaging or packaging during normal transport, storage or handling.

Packaging or packaging must be closed so that:

Do not present spills or losses of pyrotechnic or detonating compositions or other contents.

The contents are collected inside, without being able to access it but breaking or opening the container and/or packaging.

Packaging or packaging enabled to collect products intended for disposal or inertization, recycling or reuse shall be compatible with the pyrotechnic materials to be contained.

The mode of packaging of the regulated materials shall be in the form of written instructions which shall contain at least the minimum conditions laid down in this paragraph and the obligation to be observed whenever products intended for disposal or inertization, recycling or reuse are packaged.

4.2 Labelling.

Packaging or packaging of products intended for disposal or inertisation, recycling or reuse, which are to be transferred to authorised entities, shall include a label or marking with at least the following information:

Phrase "Remove or Inertization" or "Recycling or Reuse".

Type and class, where applicable, of the product, in accordance with paragraph 2. Where the product is classified as CQ6, the most significant substances and characteristics shall be indicated.

Brief description of the products contained inside the packaging or packaging.

Marked and tagged as set out in the applicable applicable transport regulations. Whenever possible and known, the appropriate class and risk division shall be indicated.

4.3 Storage.

Products intended for disposal or inertisation, recycling or reuse shall be kept in storage in areas or places authorised for this purpose within warehouses for pyrotechnic articles or regulated materials. These locations will clearly be identified within the warehouse.

Products intended for disposal or inertization, recycling or reuse which, by any circumstance, present a risk of spontaneous reaction or self-inflammation may be maintained outside the warehouses, provided that they remain within the premises of the workshop itself, the deposit of finished products or facilities of the authorized collaborating entity, instead of the rest of the facilities and taking the necessary security measures to ensure that, in the event of accidental initiation, they cannot affect the other facilities, the environment, the people or the environment. They may be kept in these places until such risk is removed or they are subjected to a buffer or inertisation process, which shall be done in the shortest possible time.

Products of type M1 shall be stored in the warehouses of regulated materials or other facilities authorized for this purpose that meet the due guarantees of industrial and industrial safety and are located within the premises of the workshop, warehouse or collaborating entity, where they will be kept until the moment they can be safely reused, recycled or reused.

4.4 Transport.

The transport of products intended for disposal or inertization, recycling or reuse must observe the regulations in force for the transport of dangerous goods, and in particular the provisions for the transport of goods of Class 1 and the rules for the transport of hazardous waste and waste that are applicable to them. Exceptionally, the Government Delegations may approve transport procedures under special conditions for particular cases, taking into account specific circumstances.

Workshops, finished product depots and collaborating entities authorised to perform the disposal or inertisation, recycling or reuse of products covered by this ITC shall include in the application for authorisation the procedure for the transport of products from the place of their generation or collection to their premises, and from the place where the disposal or inertisation, recycling or reuse is carried out, which shall include at least:

The mandatory use of vehicles for Class 1 transportation.

The training needs of the staff to carry out the transport.

The minimum conditions to be met for the loading, transport and unloading of products intended for disposal or inertization, recycling or reuse.

4.5 Removal or inertization procedure.

Facilities and procedures for the disposal or inertisation shall be designed, installed, used and maintained in such a way as to ensure the safety and health of persons and the protection of the environment and the environment.

Removal or inertization procedures will have descriptive documentation that at least:

Identify the type of products or regulated subjects to which they apply. Describe the procedure followed for the elimination or inertization of the products. Analyze the risks associated with the procedure and facilities to perform the elimination or inertization, existing on the people and the environment.

Set the prevention and protection measures planned to minimize or eliminate such risks.

Identify the way in which the total and permanent elimination of the risk of explosion or fire, real or possible, that has the product destined for elimination or inertization is ensured, so that the materials resulting from the process can be treated through the usual channels established for the waste management.

Establish the methodology to be followed for the management of waste resulting from the application of the elimination or inertization procedure.

4.6 Recycling or reuse.

Recycling or reuse facilities and procedures shall be designed, installed, used and maintained in such a way as to ensure the safety and health of persons and the protection of the environment.

Recycling or reuse procedures will have descriptive documentation that at least:

Identify the type of products or regulated subjects to which they apply. Describe the procedure followed for the recycling or reuse of the products. Analyze the risks associated with the procedure and facilities to carry out recycling or reuse, existing on people and the environment.

Set the prevention and protection measures planned to minimize or eliminate such risks.

Establish the methodology to be followed for the management of waste resulting from the application of the recycling or reuse procedure.

In the event that the recycling or reuse for products seized or found derives from the marketing of the product, components or regulated material coming from it, the marketer will have to certify in advance, before the corresponding Government Delegation, the compliance with the essential safety requirements and other applicable regulatory requirements.

5. Authorization of disposal or inertization, recycling or reuse treatments

For the authorisation of treatment for disposal or inertisation, recycling or reuse shall be submitted to the Delegation of the Government of the Autonomous Community in which the applicant is established, an application including:

Procedures or instructions for the packaging, labelling, storage and transport of products intended for disposal or inertisation, recycling or reuse.

In the case of disposal of products for disposal or inertization, recycling or reuse to a workshop, finished product repository or an undertaking or entity authorised for such purpose:

Identification of the entity with which the lease is agreed.

Justification for the cession agreement signed by both parties.

Identification of removal or inertization, recycling or reuse procedures to be applied. Identification of the type of products intended for disposal or inertisation, recycling or reuse subject to the transfer agreement.

In the case of application of removal or inertization, recycling or reuse procedures of your own:

Descriptive documentation of the procedures as set out in point 4.5 and/or 4.6.

Identification and description of the appropriate site and facilities for the implementation of the relevant procedure.

Civil liability insurance policy or financial guarantee certificate for such activity.

In view of the application and documentation submitted, the Government Delegate may grant the appropriate authorization or request additional information to assess the compliance with this ITC.

The authorisation may include additional factors depending on factors such as the chosen method of disposal or inertisation, recycling or reuse and the location of the facilities.

The validity of the authorisation will be conditional upon compliance with the established procedures and the additional conditions imposed by the Government Delegation.

These applications may be submitted by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 13

Electrical installations and equipment in classified areas with the presence of regulated matter

1. Object and scope of application

This ITC aims to establish the technical conditions and guarantees to be met by the constituent elements of the electrical installations used in the activities in the field of the Regulation of pyrotechnic and cardboard articles in which regulated materials are present or can be presented, in order to preserve the safety of persons and property and to ensure the normal functioning of such installations.

For electrical equipment and installations located in those areas which are not classified as hazardous zones Z0, Z1 and Z2 in the following paragraph, the technical requirements laid down shall be governed by the provisions of the applicable regulations applicable, and in particular the Electrotechnical Regulation for Low Voltage, approved by Royal Decree 842/2002 of 2 August 2002. In this regard, the inspection by an approved inspection body (OCA) established in the Electrotechnical Regulation for low voltage shall not be required.

As regards the technical conditions of the electrical equipment and installations that are not established here, the provisions of the Electrotechnical Regulation for low voltage will also apply.

The execution and commissioning of electrical installations shall be governed by the provisions of Article 18 of the Electrotechnical Regulation for low voltage.

2. Classification of dangerous areas.

In accordance with the provisions of ITC No 14, the titular employer shall identify all the existing explosion-hazard areas in the work centre. To this end, it shall classify in areas the places where the regulated materials are to be exposed, according to the following classification:

a) Zones Z0: Those areas of process in which the explosive material or mixture is exposed permanently, frequently or for long periods.

b) Zones Z1: Those areas of process or storage where the regulated matter is likely to be exposed occasionally in normal operation.

c) Zones Z2: Those areas of process or storage where the regulated matter is unlikely to be exposed in normal operation, and if it does, it is for a short period of time.

It is considered that the regulated matter is exposed when it presents a direct exposure to a possible ignition source, and includes the powder in suspension or possible dust that can be detached from any pyrotechnic material, object or article.

Different zones (Z0, Z1 and Z2) and even unclassified (non-hazardous) zones can coexist in a local or dangerous area.

3. General requirements for classified zones (Z0, Z1, and Z2)

3.1 Electrical equipment and pipes shall, as far as possible, be located in unclassified areas. If this is not possible, one of the areas with the lowest risk has to be chosen for installation.

3.2 The facilities shall be designed and the electrical equipment and materials shall be installed by providing safe access for inspection and maintenance, in accordance with the manufacturer's instructions and in compliance with the requirements of the classification of the area in which they are to be installed.

3.3 Elements of sectioning must be installed in non-hazardous areas for the total or partial disconnection of the rest of the electrical installations in classified areas.

3.4 Those types of construction should be selected to allow for the smallest possible accumulation of dust on the electrical equipment and to be easy to clean.

3.5 For installation in non-classified areas of electrical equipment that is associated with materials or equipment located in classified areas, the specifications of the latter must be taken into account.

3.6 In the design of electrical installations measures must be taken to reduce the effects of electromagnetic radiation at a safe level.

3.7 Only portable electrical equipment may be used in classified areas when their use is duly justified and there are no alternative means. Portable electrical equipment must have a protective mode suitable for the area in which it is to be used and its maximum surface temperature shall comply with the requirements of this area.

3.8 All electrical equipment must be protected against the harmful effects of short circuits, earth defects and overloads if it is not able to withstand them indefinitely without causing harmful heat.

3.9 The maximum surface temperature of electrical equipment must be at least 75 ° C lower than the minimum decomposition temperature determined in accordance with UNE 31017:1994 "Test for the determination of the effect of temperature rise on explosive substances" for each of the possible explosive materials or mixtures that may be present in Z0, Z1 and Z2 areas, without exceeding 200 ° C.

If, for technical reasons, electrical equipment with surface temperature does not exist to ensure compliance with the requirement of the previous paragraph, appropriate measures must be taken to ensure that dangerous reactions of explosive materials or mixtures that may come into contact with these surfaces do not occur.

3.10 Electrical equipment to be used in Z0, Z1 and Z2 areas must have some of the valid protection modes for flammable dust drivers, according to the following table:

Zone

	UNE-EN 60079 series rules		UNE-EN 61241 series
Marking	Standard	Marked	Standard
Z0	UNE-EN60079-31		Ex tD A20 IP6x	UNE-EN 61241-1
	ia IIIC	UNE-EN 60079-11	Ex iaD 20	UNE-EN 61241-1
	Ex ma IIIC	UNE-EN 60079-18	Ex maD 20	UNE-EN 61241-18
Z1	Ex tb IIIC	UNE-EN60079-31	Ex tD A21 IP6x	UNE-EN 61241-1
	ib IIIC	UNE-EN 60079-11	Ex ibD 21	UNE-EN 61241-1
	mb	UNE-EN 60079-18	Ex mbD 21	UNE-EN 61241-18
			Ex pD 21	UNE-EN 61241-4
Z2	Ex tc IIIC	UNE-EN 60079-31	Ex tD A22 IP6x	UNE-EN 61241-1
	Ex ic IIIC	UNE-EN 60079-11	Ex ibD 22	UNE-EN 61241-1
	mc IIIC	UNE-EN 60079-18	Ex mbD 22	UNE-EN 61241-18
			Ex pD 22	UNE-EN 61241-4

Notes:

The material indicated for zone Z0 is eligible for Z1 and Z2 zones. The material indicated for zone Z1 is suitable for zone Z2.

The intrinsic safety protection mode (Ex i) for flammable gases of the IIB and IIC groups is appropriate.

3.11 Electrical machines: certified engines with Ex t protection mode and variable voltages shall additionally be equipped with means of protection by direct control of the temperature to limit the surface temperature of the engine body according to paragraph 3.9.

3.12 Electrical protection and control apparatus: The operation of the remote control operated switches whose enclosure is open must be prevented. When this requirement is not satisfied by the type of construction, the signal with the warning "Do not open in tension" shall be placed on the body of the equipment.

Short circuit protection devices and ground defects should be such that automatic rearmament is not possible under default conditions.

The fuses must also be blocked in such a way that the installation and change of the fuses is only possible without tension, and that the fuses cannot be put in tension when the housing of the fuses is not properly closed. If not, the housing must bear the signal with the warning "Do not open in tension".

4. Particular requirements for Z0 zone equipment

4.1 Electrical Equipment.

If by process needs, a layer of material powder or explosive mixture greater than 5 millimeters must remain in contact with the surface of an electric equipment Ex tD A20, the surface temperature of the equipment shall be increased as set out in the following graph:

4.2 Electrical heating:

The use of electric heating is not permitted.

4.3 Current and Prolonged Tomas:

The installation of power sockets and the use of extensions is not allowed.

5. Particular requirements for Z1 zone equipment

5.1 Electrical heating.

The surface temperature of the apparatus on smooth surfaces shall not exceed 120 ° C. In addition to the protection mode for zone Z1, the electric heating of premises and processes must have a double temperature control device.

5.2 Current and long-running Tomas.

Current sockets, with appropriate protection mode for zone Z1, must be arranged in such a way that the insertion zone for the plug is directed downwards with a maximum deviation of the vertical of 60 °.

The use of extensions and adapters is not allowed.

6. Particular requirements for installations in hazardous areas

6.1 Union additional equipotential.

All driving parts of electrical installations in hazardous locations will be connected to an equipotential network. The equipotential system should not include neutral drivers.

Driving parts that are not part of the electrical installation do not need to be connected to the equipotential network, if there is no danger of displacement of potential.

Metallic envelopes of devices with "intrinsic safety" protection mode do not need to be connected to the equipotential attachment system, unless required by the documentation of the apparatus. Facilities with cathodic protection shall not be connected to the equipotential network unless the system is specifically designed for this purpose.

Drivers of equipotentiality will be in compliance with paragraph 8 of the ITC BT 18 "grounding installations" of the electrotechnical regulation for low voltage.

6.2 Limitation of defect currents to land.

TN System.

In hazardous areas only the system of type TN-S may be used, i.e. the neutral driver and the driver must not be connected to one another or be combined in a single driver.

TT System.

If this type of system is used, Z0 and Z1 zones must be protected by a residual differential current device.

IT System.

If this type of system is used in hazardous areas, an isolation monitoring or control device must be installed to indicate the first defect next to an automatic cutting device that interrupts power after the occurrence of a second isolation defect.

MBTS and MBTP systems.

The very low-voltage systems of the MBTS and the very low voltage protection systems MBTP must comply with the requirements set out in the ITC BT 36 "Very low voltage installations" of the electrotechnical regulation for low voltage.

6.3 Electrical insulation.

Each circuit or group of circuits, including all non-grounded conductive circuits, shall be fitted with the appropriate sectionators for insulation. Together with each sectionator the information shall be placed to allow for a quick identification of the circuit or group of circuits controlled by said sectionator.

For emergency actions, it must be provided, in a non-hazardous location outside the classified areas, at least one or more means of disconnecting the electrical supply to these areas. The electrical equipment that must continue to operate to prevent an additional hazard must belong to a separate circuit from the rest of the installation and must not be combined with other circuit groups.

6.4 Electrical Separation.

Electrical separation shall be in accordance with paragraph 413 of the UNE-HD Standard 60364-4-41:2010. Part 4-41: Protection to ensure safety. Protection against electrical shocks " for single-team power.

6.5 Protection against the risks of static electricity.

In the design of electrical installations, the effects of static electricity must be taken into account to reduce them to a safe level. The following precautions shall be taken, inter alia:

The ground resistance of the set formed by the grounding and the equipotential connection network shall not exceed the value of 1 MΩ.

The footwear and clothing provided to workers who carry out their activity in Z0 or Z1 areas must be certified in accordance with Royal Decree 1407/1992 of 20 November 1992 governing the conditions for the placing on the market and free movement within the Community of individual protective equipment, and must be manufactured and designed in such a way that no arc or spark of electrical, electrostatic or blow origin can be produced in them, which may inflame an explosive mixture. In addition, the footwear, whether security, protective or working, shall be of an antistatic type, with a resistance of less than 108Ω (measured according to the standard UNE-EN ISO 20344:2005/A1:2008 " Personal protective equipment. Test methods for footwear '), with the marking of a symbol' C '. Protective clothing shall conform to the standard UNE-EN 1149-1:2007 " Protective clothing. Electrostatic properties. Part 1: Test method for measuring the resistivity of the surface 'or the standard UNE-EN 1149-3:2004' Protective clothing. Electrostatic properties. Part 3: Test methods for determining the dissipation of the load ' and shall be identified with the corresponding safety pictogram.

The pavement installed in Z0 or Z1 zones shall have a resistance of less than 109 Ω, measured according to the standard UNE-EN 61340-4-1:2005 " Electrostatic. Part 4-1: Standard test methods for specific applications. Electrical resistance of floor coverings and pavements installed ".

It should be possible to have conductive means of electrostatic discharge for the unloading of the workers both before their access to Z0 or Z1 zones, and during the development of their work in these areas.

For the assessment of the risk of electrostatic discharge and the adoption of appropriate prevention and protection measures, the technical report CLC/TR 50404:2003 of the CENELEC Electrostatics-Code of practice for the avoidance of hazards due to static electricity may be used. '

6.6 Catodic protection of metal parts.

In Z0 zones, the use of cathodic protection is not permitted unless it is specially designed for this application.

The insulation elements required for cathodic protection must be located, if possible, outside the hazardous areas.

6.7 Cabling Systems.

For intrinsic safety installations, the wiring systems shall comply with the requirements of the standard UNE-EN 61241-14:2006 ' Electrical equipment for use in the presence of flammable dust. Part 14: Selection and installation 'and UNE-EN 60079-25:2005 CORR: 2006' Electrical equipment for explosive gas atmospheres. Part 25: Intrinsic safety systems '.

The cables for the remaining installations will have a minimum assigned voltage of 450/750 V.

The inputs of the cables and the tubes to the electrical appliances shall be carried out in accordance with the protection mode provided for in the relevant rules. The holes in electrical equipment for inlets of cables or tubes which are not used shall be closed by means of parts which are in accordance with the protective mode of the equipment.

For mobile equipment channelings will be taken into account as set out in the ITC MIE-BT 21 " Indoor or receiving facilities. Protective tubes and channels " of the electrotechnical regulation for low voltage.

The allowable intensity in the conductors must be decreased by 15 percent from the value corresponding to a conventional installation. In addition, all cables with a length of 5 metres or more shall be protected against overloads and short circuits. For the protection of overloads, account shall be taken of the resulting load intensity set out in the preceding paragraph and for the protection of short circuits the maximum value shall be taken into account for a defect in the beginning of the cable and the minimum value corresponding to a bifasic and frank defect at the end of the cable.

At the point of transition from an electrical conduit from one area to another, or from a hazardous site to another non-hazardous site, the step of explosive mixing powder must be prevented. This may require the sealing of ditches, tubes, trays, etc.

6.7.1 Cable requirements.

The cables to be used in cabling systems at sites classified as Z0, Z1, and Z2 zones will be:

3.12.1 On fixed installations:

Some of these three options:

i. Minimum rated voltage cables of 450/750 V, insulated with thermoplastic or thermosetting mixtures, installed either under rigid or flexible metal tube in accordance with standard UNE-EN 50086-1:1995 " Tube systems for the conduction of cables. Part 1: General requirements 'or by means of a protective channel in accordance with the rules of the UNE-EN 50085 series' Channel systems for cables and closed duct systems of non-circular sections for electrical installations. '

ii. Cables constructed so that they have mechanical protection. They are considered as such:

1. Cables with mineral insulation and metal cover, according to UNE EN 60702-1:2002 ' Cables with voltage mineral insulation assigned not more than 750 V and their connections. Part 1: Cables '.

2. Cables armed with galvanized steel wire and with non-metallic outer cover, according to the UNE 21123 series of standards.

iii. Fitted cables, of a minimum rated voltage of 450/750 V. The recessed must ensure and maintain protection conditions equivalent to those of a protective tube or canal.

Cables in fixed installations must comply with the reaction to the fire, as indicated in the rules of the UNE EN 50266-2 series " Methods of common tests for cables subjected to fire. Vertical propagation test of the flame of cables placed in a vertical position '

3.12.2 On portable or mobile equipment power:

Cables with a polychlorinated oprene or synthetic elastomer cover, according to UNE 21027-4:2004 " Cables of rated voltage not exceeding 450/750 V, with cross-linked isolation. Part 4: Flexible tables 'or standard UNE 21150:1986' Flexible tables for mobile services, insulated with ethylene-propylene rubber and reinforced cover of polychlorinated oprene or equivalent voltage rated 0 ,6/1 kV ', suitable for mobile services, of minimum voltage assigned 450/750 V, flexible and of a minimum section 1,5 mm². The use of these flexible cables shall be restricted to what is strictly necessary for sporadic use and not more than a length of 30 metres.

6.7.2 Pipeline requirements.

When the wiring of the fixed installations is carried out by means of a tube or a protective channel, these shall be in conformity with the specifications given in the tables in paragraph 9.3 of the MIE-BT 29 "Special provisions for the electrical installations of premises with a risk of fire or explosion" of the electrotechnical regulation for low voltage.

6.7.3 Specific non-authorized cabling methods in Z0 and Z1 zones.

The following cabling systems are not allowed to be used in Z0 and Z1 zones:

a) Naked drivers.

b) Mono-insulated conductors without other protection.

c) Cabling systems with return to earth by the pod (ESR), not isolated with the equivalent of double insulation.

d) Embarraged systems.

e) Air cabling systems.

f) Single-filial systems with ground return.

g) Systems with low voltage or very low voltage rails.

h) Cables with cover not installed under tube or protective channel, in which the tensile strength is less than:

i. Thermoplastics:

Polyvinyl chloride (PVC), 12.5 N/mm²;

Polyethylene, 10.0 N/mm².

ii. Elastomer:

Polyethylene chlorosulfonate or similar polymers, 10,0 N/mm².

7. Equipment adequacy

Electrical equipment and installations in use for the entry into force of the Regulation on pyrotechnic articles and cardboard, may continue to be used, if an adequacy has been previously made, on the basis of a risk assessment in accordance with ITC No 14, to the requirements set out in this ITC.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 14

Safety and health provisions for the protection of workers from the risk of explosion

1. Object and scope of application

In order to facilitate the implementation of the Law 31/1995 of 8 November on the Prevention of Occupational Risks and its Implementing Regulations, the purpose of this JTI is to establish a series of safety and health provisions for the protection of workers from the risk of explosive mixtures in the workplace.

The provisions of this JTI shall be taken into account in respect of all manufacturing, storage, transport, sale and shooting of pyrotechnic and cardboard products, within the scope of the Regulation of pyrotechnic and cartchery, in which explosive mixtures are present or may be presented.

The provisions of Royal Decree 39/1997 of 17 January approving the Prevention Services Regulation will be fully implemented in the field covered by this ITC.

2. Obligations of the employer

2.1 Prevention and protection against explosions of explosive materials or mixtures,

In order to prevent explosions of explosive mixtures, in accordance with Article 15.1 of the Law on the Prevention of Occupational Risks, and to provide protection against them, the employer must take measures of a technical and organizational nature according to the type of activity, following an order of priorities and in accordance with the following basic principles:

a) Avoid unnecessary accumulation of explosive mixtures in places not enabled for it.

(b) Avoid the accidental inflammation of explosive materials or mixtures and mitigate the harmful effects of an explosion in such a way as to ensure the health and safety of workers.

c) Prevent the spread of explosions or chain explosions by taking the necessary measures to do so.

2.2 Assessment of the risks of explosion of explosive materials or mixtures and planning of preventive activity.

In compliance with the obligations laid down in Articles 16 and 23 of the Occupational Risk Prevention Act and in Section 1 of Chapter II of the Prevention Services Regulation, the employer shall assess the specific risks of explosion of explosive materials or mixtures taking into account at least:

(a) The explosive characteristics of the existing materials or mixtures in the workplaces.

b) Facilities, work equipment, industrial processes and their possible interactions.

c) The probability of the presence and activation of ignition foci, including electrostatic discharges.

d) The proportions of the foreseeable effects.

In the assessment of the explosion risks, account shall be taken of the places which are or may be in contact with, through openings, places where explosive atmospheres may be created.

Similarly, the employer shall carry out the necessary preventive activities to eliminate or reduce and control the risk of explosion of explosive materials or mixtures, taking into account the requirements set out in this ITC. Such activities shall be the subject of planning by the employer, including for each preventive activity, the time limit for carrying out such activities, the designation of persons responsible and the human and material resources necessary for their implementation. The employer must also ensure that the preventive activities included in the planning are carried out effectively, thereby continuing to monitor the implementation.

In particular, the employer must ensure:

3.12.3 That specific explosion risks have been determined and evaluated.

3.12.4 That appropriate measures will be taken to achieve the objectives of this ITC.

3.12.5 That all the existing explosion-hazard areas in the workplace have been identified, as set out in paragraph 2.5.

3.12.6 The minimum requirements set out in the Annex to this JTI shall apply in areas with an explosion hazard.

3.12.7 That the place and the work equipment, including the warning systems, are designed and used and maintained with due regard to safety.

3.12.8 That the necessary measures have been taken, in accordance with Royal Decree 1215/1997 of 18 July, laying down the minimum safety and health requirements for the use by workers of work equipment to ensure that work equipment is used in safe conditions.

The aspects listed in this section should be taken into account in the preparation of the documentation referred to in Article 23 of the Law on the Prevention of Occupational Risks.

2.3 General obligations.

In order to preserve the safety and health of workers, and in accordance with paragraphs 2.1 and 2.2, the employer shall take the necessary measures to ensure that:

(a) In places where there are, or may be, matters regulated in such quantities as may endanger the health and safety of workers or other persons, the working environment is such that the work can be carried out in a safe manner.

(b) In workplaces where there are, or may be, matters regulated in such quantities as may endanger the health and safety of workers, it shall be ensured, by the use of appropriate technical means, appropriate supervision of such places, in accordance with the risk assessment, as long as workers are present in those places.

2.4 Coordination obligation.

When workers of several companies are in the same place of work, each employer must take the measures necessary for the protection of the health and safety of its workers, including the measures of cooperation and coordination referred to in Article 24 of the Law on the Prevention of Occupational Risks, developed by Royal Decree 171/2004 of January 30, on the coordination of business activities. Without prejudice to this and in the context of the provisions of that Article, the employer who holds the work centre shall coordinate the application of all measures relating to the safety and health of workers and shall specify, in the documents relating to the preventive action laid down in Article 23 of the Law on the Prevention of Occupational Risks, the measures and detailed rules for the implementation of such coordination.

The inspection and control of compliance with these obligations only corresponds to the Functional Areas of Industry and Energy of the Government Delegations, in the case of work centers with the presence of the risk of explosion in companies that develop activities of manufacture, storage, transportation, sales and firing of pyrotechnic products. The inspection and control of the rest of the companies that compete with those in the same job center corresponds to the Inspection of Labor and Social Security, as provided for in article 9 of the Law 31/1995, of 8 November, of prevention of occupational risks.

2.5 Areas in danger of explosion.

For the purposes of this ITC, areas in which areas in which there are or may be present regulated materials are considered to be areas where there is a need for the adoption of special prevention or protection measures to protect the safety and health of workers.

The employer must identify all the existing explosion hazard areas in the workplace.

According to the provisions of Royal Decree 485/1997 of 14 April on minimum requirements for safety and health signs at work, access to areas with a danger of explosion must be marked by identifying this danger.

ANNEX

Provisions concerning the safety and health protection of workers potentially exposed to explosive materials or mixtures

The provisions of this annex apply:

(a) To areas with a danger of explosion, in accordance with paragraph 2.5.

(b) equipment located in areas which do not present a danger of explosion, and which are necessary or contribute to the safe operation of equipment located in the area with a danger of explosion.

1. Organisational measures

1.1 Worker training and information

The employer must provide adequate and adequate training and information on the prevention and protection of explosions to those working in areas with a danger of explosion, within the framework of Articles 18 and 19 of Law 31/1995 of 8 November on the Prevention of Occupational Risks.

1.2 Written instructions and work permissions

When required by the preventive action documentation:

The work in the areas with danger of explosion shall be carried out in accordance with written instructions provided by the employer, and shall include the necessary safety conditions for the development of these activities and the critical points of particular danger against the risk of explosion.

A work permit system should be applied to authorize the execution of work with special hazard in the areas with danger of explosion. Work of particular hazard, among others, shall be considered as work of verification, delivery and repair to be carried out as a result of failures in the operation of the work equipment, when these equipment are in direct contact with the explosive mixture, as well as all those that require to be made using possible sources of inflammation.

The permits must be issued, before the commencement of the work, by a person expressly authorized to do so and appointed by the employer.

2. Explosion prevention and protection measures

In the identification of hazards and dangerous situations which may trigger the explosion of an explosive substance, the following factors shall be taken into account, inter alia:

a) The characterization of the explosive substance: sensitivity to impact and friction, decomposition temperature, inflammation temperature, etc.

(b) The characterisation of the explosive substances must be carried out whenever the substance can directly contact any working equipment or be directly handled by the workers.

c) Subcompatibility of substances.

d) Causes of electrical origin: sparks, temperature increases, sparks of electrostatic origin.

e) Causes of mechanical origin: sparks, increases in temperature, impact and friction.

f) Other external aggressions.

Where different types of regulated materials exist in the same area with explosion hazards, the protective measures shall be in accordance with the greatest potential risk.

In accordance with the provisions of Royal Decree 614/2001 of 8 June on minimum requirements for the protection of the health and safety of workers in the face of electrical risk, in the case of avoidance of ignition risks, account should also be taken of electrostatic discharges produced by workers or the working environment as carriers or load generators. Workers with antistatic footwear and suitable workwear must be provided with materials that do not give rise to electrostatic discharges that may cause the ignition of explosive materials or mixtures.

The installation, the work equipment, the protection systems and their corresponding connection devices shall only be put into operation if it has been previously proven that they can be safely used in an area with an explosion hazard.

All necessary measures shall be taken to ensure that workplaces, work equipment and the corresponding connection devices available to workers have been designed, constructed, assembled and installed and are maintained and used in such a way as to minimise the risks of explosion and, in the event of any occurrence, to be controlled or reduced to a maximum extent in that place or work equipment. In these places of work, appropriate measures must be taken to minimise the risks to workers from the physical effects of an explosion.

If necessary, workers must be alerted by the emission of optical or acoustic warning signals and dislodged in safety conditions.

When deemed necessary, and thus reflected in the preventive documentation, emergency exits will be available and kept in operation which, in the event of danger, will allow workers to quickly and safely leave the workplaces.

Before using workplaces where there are areas where explosive mixtures are present or may occur or after a major modification, their general safety against explosions should be verified. The conduct of the verifications shall be entrusted to those persons trained expressly authorized by the employer.

When the assessment shows that this is necessary:

(a) It shall be possible, in the event that a power outage may result in new hazards, to maintain the equipment and protective systems in safe operation independently of the rest of the installation if an energy cut is actually produced.

(b) The manual disconnection of protective equipment and systems included in automatic processes which depart from the intended operating conditions should be possible, provided that this does not compromise safety. Such interventions will be entrusted exclusively to workers with specific training that will enable them to act correctly in these circumstances.

(c) The stored energy shall be dissipated, when the emergency disconnect devices are operated, as quickly and safely as possible or be isolated in such a way that it is no longer a hazard.

3. Adequacy of work equipment in hazardous areas

In those dangerous areas where work equipment is used or intended to be used, the employer must ensure that, in the choice, installation, use and maintenance, the risk of explosion of explosive materials in the workplace has been taken into account, in application of Royal Decree 1215/1997 of 18 July, laying down the minimum safety and health requirements for the use by workers of the work equipment.

To do this, you need to have the technical documentation that allows for correct and safe installation, use and maintenance. This documentation shall be written in an official language of the geographical area to which the equipment is intended.

For work equipment which, in its intended use, directly contacts with explosive mixtures, the maximum achievable values must be known, both in normal operation and in the case of malfunction, of those parameters which can cause the ignition of the explosive substance, such as: surface temperature, working pressure, internal temperature, etc. These parameters must be adjusted according to the characterization of the explosive substances present.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 15

Rules for the recharge of cardboard by individuals

1. Object and scope of application

The possession and use of cardboard, as regulated matter, requires the State to carry out a thorough check, in order to preserve the public's security on the one hand, and to avoid any kind of accident that endangers people's lives or property. However, the recharge of cardboard by private individuals, for their own use, is a very widespread activity among a great diversity of sports practitioners in which weapons are used, since it allows them to adapt their own cardboard to the particular requirements of each individual sport activity.

This ITC aims to establish the minimum requirements for carrying out the recharge of cardboard by private individuals for their own use, in accordance with the provisions of Article 55.3 and 104 of the Regulation on pyrotechnic articles and cardboard.

2. Requirements for the recharge

cardboard

2.1 Being in possession of the license that permits the possession and use of the weapons.

2.2 Legally documented weapons of the caliber of the cartridge intended to be recharged.

2.3 Obtain a certificate from an entity authorized by the Directorate General of the Civil Guard that it possesses the necessary knowledge to perform the recharging that is intended.

2.4 Obtaining of Arms and Explosives from the Civil Guard of the appropriate Zone, authorization for the recharge of the cardboard, according to the procedure specified in this ITC.

2.5 To maintain the deposit and acquisition limits for both components and finished cardboard materials, which are determined in Article 104 of the pyrotechnic articles and cardboard regulations.

2.6 To be the holder of a machine approved for the recharge of non-automatic cardboard and to meet the necessary requirements for its placing on the market.

2.7 Keep the machinery together with the cardboard and its components, at home, with sufficient safety measures.

2.8 The minimum security measures required for the storage of the powder, pods and pistons used for the recharge, consist of the possession at the address or other authorized place, of a safe, class of resistance I or higher, as standard UNE EN 1143-1 " Security storage units. Requirements, classification and test methods for theft resistance. Part 1: Strong boxes, doors and cameras.

2.9 The Intervention of Arms and Explosives of the corresponding Civil Guard Zone shall provide the applicants, simultaneously with the issue of the reloading authorization, an annex in which the holder of the authorization shall reflect the operations corresponding to the quantities of powder, pods or pistons acquired, date of purchase and the seller's establishment, which shall be shown by each seat that is reflected in the said annex.

2.10 Without prejudice to the sporadic revisions that the Civil Guard Weapons and Explosives Intervention can perform, as appropriate, every authorized person for the recharge of cardboard, at the time of the renewal of the license of arms that authorizes the possession and use of weapons that use cardboard that can recharge, must present to the Intervention of Arms and Explosives of its demarcation the authorization of recharge and the annex, for review and control.

3. Requirements to be met by entities that provide reloading courses to issue certificates

i. Data of the applicant.

ii. CIF company.

iii. Data of the teacher-is and qualification of the same, which will be found in possession of authorization for recharge of cardboard.

iv. Address of the premises where the courses are to be taught.

v. Agenda and programme development.

vi. Characteristics and type-approval certificate of the charging machine to be used.

vii. Commitment to carry out the courses using inert substances.

viii. Communication of the dates of the beginning and end of the course and the relation of students attending, to the Intervention of Arms and Explosives of the Civil Guard, as appropriate.

4. Validation of non-metallic card charging communication

The persons who, at the entry into force of this ITC, credit have communicated to the Intervention of Arms and Explosives of the Civil Guard of their demarcation that are dedicated to the recharge of non-metallic cardboard can request directly from the Intervention of Arms and Explosives of the Civil Guard of the area that corresponds, the authorization of recharge of the cardboard within one year.

TECHNICAL SPECIFICATION NUMBER 15.01

Recognition of the security fitness of the machines for the reloading of cartridges by private individuals

1. Object

This technical specification is intended to establish the requirements for cartridge charging machines for use and product safety, in accordance with the provisions of Article 55.3 of the Regulation on pyrotechnic articles and cardboard, which allows individuals to be allowed to recharge metal ammunition for their own consumption, provided that the requirements of ITC No 15 are met.

2. Procedure for the recognition of the safety of machines for the charging of cartridges by private persons

2.1 The procedure developed in this Technical Specification tries to determine if the machine meets the desirable requirements as to:

a) Usage security:

i. The possibility of circuit cutting or sparks which may cause fire or explosion of the components of the cartridge should be prevented.

ii. In the event of an accident and an explosion or explosion of a component (piston or gunpowder) the operator must be protected from burns or projections.

iii. The pistons may not be heavily compressed against each other in the machine feeding process.

b) Product security:

i. It should be ensured that the machine will provide the cartridge with a quantity of powder determined by the operator acting on the dosing device, which in no case can be miscalibrated in such a way as to increase the scheduled dose.

ii. A correct positioning of the piston should be ensured in the sheath.

iii. The correct position of the projectile/projectiles must be ensured without the possibility of the mass of this variable from the one programmed by the operator.

2.2 Test description of the various procedures of the procedure.

a) Study of the documentation received and verification of the operation of the machine.

b) Determination of the adequacy of the instructions that must accompany the machine for operation and operation.

c) Loading a sample of cartridges using various machine configurations.

d) Unmounted of the loaded cartridges and check the correlation between the parameters defined for the load and those obtained.

e) Handling of the machine by attempting to produce involuntary phenomena (loosened of screws, gunpowder with clumps, poorly positioned pistons in the box etc.) that could result in defective loads; checking in situ the mechanisms of the machine's insurance.

f) Provocation of the detonation of a piston in the piston process and the fire of a small amount of gunpowder to check the degree of protection of the defenses.

3. Report and certification

In view of the outcome of the formalities described in this Technical Specification and of the documentation provided by the petitioner, it will be determined, by the Official Test Bank, the suitability of the machine in terms of safety and, where appropriate, the corresponding report or certification will be issued.

4. Material and documentation

The requester must contribute:

a) A machine for testing.

b) Technical documentation of the manufacturer on the test machine (drawings, drawings, etc.); if this is not sufficient, the machine shall be deposited with the Test Bank as a witness.

c) In case of possession of official documents of compliance with legal regulations, a legalized copy of these.

d) Manual of instructions written at least in Spanish.

e) The necessary tools and accessories for the recharge of different calibers.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 16

Storage and transport compatibility of pyrotechnic products

1. Object and scope of application

This ITC aims to establish the compatibility requirements for the transport and storage of pyrotechnic products covered by the Regulation on pyrotechnic articles and cardboard.

The conditions of storage and compatibility to be observed in the storage of non-pyrotechnic chemicals will be governed by the provisions of the Regulation on the storage of chemicals, approved by Royal Decree 379/2001 of 6 April, as well as in their corresponding Technical Instructions.

For their part, the storage conditions and compatibility to be observed in the storage of explosive materials will be governed by the provisions of the Explosives Regulation, approved by Royal Decree 230/1998 of 16 February.

2. General requirements in storage

pyrotechnic products which are stored in bulk must be contained in suitable containers which must be sufficiently consistent and in a state of conservation such as to ensure that no spills or losses of pyrotechnic composition or other contents can occur during normal handling operations.

At all times, the contents of the containers must be identified in the case of bulk storage and in the case of packaged or packaged products. The packaging of finished products from third parties, when there has been a sale for purchase, must be duly labelled.

No pyrotechnic materials may be stored together with chemicals or other raw materials used in the manufacturing processes of pyrotechnic materials.

The storage of pyrotechnic products will be carried out in warehouses approved for this purpose, the rules of location, design and construction of this type of warehouses are set out in the Regulation of pyrotechnic articles and cardboard and in its accompanying technical instructions.

3. Storage and transport compatibility

Storage and joint transport of pyrotechnic products.

The pyrotechnic articles are included, as set out in the United Nations "Recommendations for the Transport of Dangerous Goods", in the G or S compatibility groups. Both groups are compatible with each other, so they can be stored and transported together in the same enclosure.

For the storage and transport of substances, objects or pyrotechnic products which may cause exposure to the environment of pyrotechnic compositions, account must be taken of the chemical incompatibilities of such substances. In this respect, pyrotechnic powder or granulated compositions capable of forming unstable mixtures with other compositions located in the same place cannot be stored and transported in the same enclosure, unless sufficient segregation measures are adopted to ensure that they cannot contact each other. By way of example, chlorate-based compositions together with compositions containing sulphur, sulphides, ammonium salts or amines may not be stored together.

Storage and joint transport of pyrotechnic and explosive products.

The compatibility in the storage and joint transport of pyrotechnic and explosive products shall be governed by the provisions of the ITC No 22 "Storage and transport compatibility" of the explosives Regulation and the United Nations "Recommendations for the transport of dangerous goods", without prejudice to the requirements set out in the following table 1 and the rest of this ITC.

Table 1. Storage and transport compatibility.

B

	Group	A	B	C	D	E	F	G	H	J	L	N	S
	Z
	X											X
			X	X	X	X			X				2/3/	X
		1	X	X			X					2/3/	X
E			X	X	X		X				2/3/	X
																X
G			X	X	X		X
									H			H	H
													X
L										4/
			2/3/	2/3/	2/3/						2/	X
		X	X	X	X	X	X	X	X		X	X	X		X	X

The "X" indicates that the materials or objects in the different compatibility groups can be stored together in a powder keg or loaded together in a single compartment, container, or vehicle.

Notes:

1. Packages containing materials and articles assigned to compatibility groups B and D may be loaded together in the same vehicle provided that they are transported in separate containers or compartments, of a model approved by the competent authority or a body designated by it, and which are designed in such a way as to prevent any transmission of the detonation of objects from the compatibility group B or the materials or objects of the compatibility group D.

2. The different objects of Division 1.6, Compatibility Group N (1.6 N), may only be transported or stored together as 1.6 N objects, if tested by means of tests or by analogy that there is no additional risk of detonation by influence between some and other objects. Otherwise, they must be treated as belonging to the Risk Division 1.1.

3. When objects or objects in compatibility groups C, D or E are transported or stored in the N compatibility group, the objects in the compatibility group N shall be considered as belonging to the compatibility group D.

4. The materials and objects of the compatibility group L may be stored and loaded in common in the same vehicle with the materials and objects of the same type belonging to that same compatibility group.

Storage of non-pyrotechnic chemicals

The compatibility of the joint storage of non-pyrotechnic chemicals will be governed by the provisions of the Regulation on the storage of chemical products, approved by Royal Decree 379/2001 of 6 April, as well as in its accompanying Technical Instructions. In any case, they may not be stored together with oxidants and fuels.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 17

Sale to the public of pyrotechnic articles

1. Object and scope of application

This ITC aims to establish rules on the sale and sale of pyrotechnic articles of categories F1, F2, F3, T1, P1 and use in the navy, as set out in Article 127 of the Regulation on pyrotechnic articles and cardboard.

The retail sale of scheduled F1 category fireworks, for exclusive use within buildings, except for impact thunder, shall not be subject to the requirements of this ITC, provided that the quantity is less than or equal to 5 kilograms net (NEC).

This ITC will not apply to nautical premises for the exclusive sale of pyrotechnic articles of use in the navy. Such premises shall comply with the provisions of Article 105 of the Regulation on pyrotechnic articles and cardboard.

2. Types of retail establishments

Sales establishments for pyrotechnic articles may be:

1. Permanent establishments (A1, A2, B1 and B2): They correspond to those closed with respect to the public road, both those that are part of a building in which other activities are carried out, and those isolated from other buildings. Local establishments which do not need to be closed with regard to public roads shall not be considered permanent establishments.

These establishments may sell fireworks on a permanent or temporary basis in certain periods and with exclusive or simultaneous sales with other products, regardless of whether the sale is continuous or temporary.

2. Temporary establishments (M and N): They correspond to those buildings or portable booths and installed on the public road or on land of private property, with a non-permanent character.

These temporary facilities will only be able to effect the temporary sale and as an exclusive activity.

3. Sale establishments (type C) attached to a pyrotechnics workshop or the deposit of finished products, which are separated from the area intended for manufacture or deposits in accordance with the provisions of ITC No 9.

These establishments will only be able to carry out the permanent sale and as an exclusive activity.

According to the provisions of Article 118 of the Regulation on pyrotechnic articles and cardboard, the deposits of finished products, whether integrated or not in a workshop, will be able to make the occasional direct sale to the public, without exposure of the products that are susceptible to sale, and must be carried out at the entrance of the installation and as far as possible from any premises, the presence of customers in the manufacturing or storage areas is prohibited. Pyrotechnic products must be at all times in the storage of finished products up to the time of sale.

Permanent establishments are classified into:

a) Type A facilities: The establishment partially or totally occupies a building on residential or commercial urbanized soil.

Examples of Type A1 and Type A2 establishments

b) Establishment of Type B1: The establishment occupies a building which is attached to other buildings on industrial urbanised soil, or a distance lower than those required for Type B2 establishments.

Type B1 Establishment Example

(c) Establishment of Type B2: The sales establishment is fully occupied by a building and maintains a minimum distance of 20 metres from the adjacent buildings on industrial land and 100 metres to other places which may be of particular danger, such as petrol stations or dangerous goods stores.

Type B2 Setting Example

d) Establishment of Type C: These are sales establishments with or without warehouse, attached to a workshop of pyrotechnics or the deposit of finished products, and close to the door of access to the exterior of the enclosure.

These establishments may be external or internal to the premises of the workshop or warehouse, but must be physically separated by fencing or similar, from the area intended for manufacture or storage. These establishments shall also be subject to the distance arrangements laid down in ITC No 9.

The minimum distance between establishments of Type A or B1 shall be 40 metres. This requirement shall not apply to those establishments which already exist at the entry into force of this Regulation.

Temporary establishments are classified into:

(a) Type M facilities: Non-warehouse facilities: these are portable establishments without storage, and maintain a minimum distance of 20 metres from adjacent buildings and other places which may be of particular danger, such as petrol stations or dangerous goods stores.

(b) Type N facilities: storerooms with storage: these are portable establishments with storage, and maintain a minimum distance of 20 metres from adjacent buildings and other places which may be of particular danger, such as petrol stations or dangerous goods stores.

3. General requirements for the sale to the public of pyrotechnic articles

Storage.

All permanent establishments for the sale of pyrotechnic articles must have an independent warehouse separate from the area for sale, and at the same level as that, without prejudice to the provisions of Article 105 of the Regulation on pyrotechnic articles and cardboard.

In the case of permanent establishments of Type A, access to the warehouse must be carried out from the premises or area intended for sale. In no case shall warehouses whose access require cross-dependencies for dwellings or inner courtyard be authorised.

Stores located in the N-type establishments must be contiguous to the local or area for sale.

As a general rule, in temporary establishments, no pyrotechnic product may remain during the periods of the day in which it remains closed to the public, and such products must be transferred and deposited to an authorized warehouse belonging to a finished product warehouse. Only the presence of pyrotechnic material shall be permitted in the N-type establishments that meet the citizen security measures established by the Arms and Explosives Intervention of the Civilian Guard of the corresponding Command.

In the area for sale, the presence of pyrotechnic material placed on shelves will be permitted, either being located at a minimum distance of 1 meter from the counter, or having a system that guarantees to safeguard the public the pyrotechnic material, which will always be located at the back of the counter. Up to a maximum of one third of the maximum storage capacity may be deposited.

The maximum amount of regulated matter in the warehouse and the shelves existing in the sales area shall be subject to the type of establishment and volume of the warehouse, as well as the category and risk division of the pyrotechnic product, as provided for in paragraph 4.

pyrotechnics articles may not be exposed with cargo in storefronts or be within the reach of the public.

Lots.

The storage, sale and transport of pyrotechnic articles of categories F1, F2 and F3 with risk divisions 1.4 and 1.3 shall be permitted by means of lots and lots, marked with the most restrictive age limits according to their category.

Electronic purchase.

Telephone or electronic purchase will be permitted as long as the collection of the pyrotechnic material is carried out in the sales establishment itself by the same person who made the purchase.

Maximum sale per buyer.

The maximum number of pyrotechnic products that can be sold to a single buyer may not exceed 10 kilograms net (NEC).

Sales by correspondence and street sale.

It is expressly prohibited to send products to the public by correspondence, courier or other type of transportation, as well as the street sale of pyrotechnic articles regulated by this ITC.

Forum for the area for sale.

The maximum number of people who can be simultaneously found within a permanent establishment will be conditional upon compliance with the following requirements:

i. A seller for every 5 square meters or fraction of the useful surface of the local destined for sale.

ii. One customer for each seller. Two companions for each client, without accounting to the children under 12 years old.

For the strictest compliance with this provision, the holder of the authorization shall take the necessary measures to control the entry of the public to the establishment and shall place in a visible place a sign indicating the maximum number of clients that may simultaneously be within the establishment.

Sellers.

Prior to the commencement of the activity, the holder of an authorisation for the permanent establishment of pyrotechnic articles, whether natural or legal person, shall communicate to the relevant Government Delegation the relationship of the workers provided for in the establishment, among which he shall at least designate a responsible person responsible for sale which shall be permanently in the establishment during the period of sale.

The person responsible for the sale shall ensure compliance with the requirements relating to the minimum age of sale or marketing to the public, in accordance with the provisions of Article 121 of the pyrotechnic articles and cardboard rules and in the sixth provision of the royal decree under which that Regulation is adopted.

Simultaneously only two people will be admitted to each temporary establishment by dispatching the products and one more replenishing and assisting the sellers.

Sale of categories T1, P1 and use in the navy.

The sale of items of categories T1, P1 and use in the navy will require the prior accreditation of the buyer through the presentation of the corresponding national identity document, which must be noted by the seller in a pyrotechnics book that will be available to the competent authority.

Additionally, the sale of articles of use in the navy, will require the presentation by the buyer of the corresponding meat of the vessel.

Defective material.

The treatment of defective products by the holders of the sales establishment, such as expired products, returns or the like, shall be made in accordance with the provisions of the ITC number 12.

4. Maximum storage capacity

In all establishments regulated by this ITC, the storage and sale of pyrotechnic articles of categories F1, F2, F3, T1, P1 and use in the navy will be permitted.

The pyrotechnic material will always be placed in the premises of the establishment. However, on shelves existing in the area for sale, situated at a minimum distance of 1 metre from the counter, remaining outside the scope of the public, up to a third of the maximum storage capacity may be deposited.

Similarly, the standard amount of regulated matter calculation will be 7.5 kg/m³ of the warehouse's useful volume, with the additional requirements set out in the sections below.

Type A1 establishments.

Only the storage of pyrotechnic articles with risk division 1.4 and 1.3 shall be permitted.

The maximum amount of regulated matter may not exceed 150 kilograms. If the sale is simultaneous with other products, the maximum amount of regulated matter shall not exceed 50 kilograms.

20 percent of the regulated matter may correspond to pyrotechnic articles of risk division 1.3.

Establishments of Type A2.

Only the storage of pyrotechnic articles with risk division 1.4 and 1.3 shall be permitted.

The maximum amount of regulated matter may not exceed 150 kilograms. If the sale is simultaneous with other products, the maximum amount of regulated matter shall not exceed 50 kilograms.

20 percent of the regulated matter may correspond to pyrotechnic articles of risk division 1.3 and 3 percent of the regulated matter may correspond to the daily sale of pyrotechnic articles of risk division 1.2 and 1.1.

Type B1 establishments.

The maximum amount of regulated matter may not exceed 300 kilograms.

If the sale is simultaneous with other products, the maximum amount of regulated material may not exceed 100 kilograms.

20 percent of the regulated matter may correspond to pyrotechnic articles of risk division 1.3 and 5 percent of the regulated matter may correspond to pyrotechnic articles of risk division 1.2 and 1.1

Type B2 establishments.

The maximum amount of regulated matter may not exceed 300 kilograms.

If the sale is simultaneous with other products, the maximum amount of regulated material may not exceed 150 kilograms.

10 percent of the regulated matter may correspond to pyrotechnic articles of risk division 1.1 and 1.2.

Type C establishments.

The maximum amount of regulated matter will be determined by compliance with the provisions of ITC No. 9.

Establishments of type M.

The maximum amount of regulated matter may not exceed 50 kilograms.

10 percent of the regulated matter may correspond to pyrotechnic articles of risk division 1.1 and 1.2.

Establishments of type N.

The maximum amount of regulated matter may not exceed 75 kilograms.

15 percent of the regulated matter may correspond to pyrotechnic articles of risk division 1.1 and 1.2.

5. Building requirements for establishments

Permanent establishments Type A1, A2, B1, B2 and C.

You must have at least two outward-opening exits located at the same level of the premises, one of which, at least, must have an emergency or anti-panic opening system. Both outlets must be available and operational for use, provided there are customers inside the establishment.

The door with an emergency opening system will remain closed, so that anyone who needs to use it in case of urgency can easily and immediately open it. As an emergency opening system, doors that are sliding or rotating are prohibited.

The minimum width of the exterior doors and the corridors will be 80 centimeters and 1 meter, respectively.

Load springs, in case of existence, must have at least one outlet, or one at each end when they are large and technically possible.

The dimensions of work premises should enable workers to carry out their work without risks for their safety and health and in acceptable ergonomic conditions. Its minimum dimensions will be as follows:

i. Height from floor to ceiling, between 2.5 and 3 meters.

ii. Free surface per 2 m worker².

iii. 10 m³ not occupied, per worker.

Warehouses will have access to a door from the sales site itself, although they may have another door of direct access to the outside, which will be security, being equipped with at least one security lock. In no case shall any department store whose access requires a pass through outbuildings intended for housing.

The minimum level of lighting in establishments will be 100 lux, although it should be doubled when there are appreciable risks of falls, crashes or other accidents.

For the new establishments it is recommended that the paramers that configure the warehouses of pyrotechnic products be of at least 24 ' 5 MPa of compressive strength and 20 centimeters of thickness.

There may be no openings in the pyrotechnic product store.

The warehouse floor must meet the requirements for the characteristics of the products that are stored, in any case a united surface, without cracks or fissures, easy to clean and wash.

Type M and N temporary establishments

The door of the booth will be considered emergency and will always be open to the outside. However, the casetas may have another door, always open to the outside and of the same characteristics, the sliding or rotating doors being prohibited.

In case of warehouse cases, the warehouse door will be in the sales zone.

The minimum width of the exterior doors and the corridors will be 80 centimeters and 1 meter, respectively.

The dimensions of the booth must allow workers to carry out their work without risks for their safety and health and in acceptable ergonomic conditions, as provided for in Royal Decree 486/1997 of 14 April, laying down the minimum safety and health requirements in workplaces.

The minimum level of lighting in the booths will be 100 lux, although it must be doubled when there are appreciable risks of falls, shocks or other accidents.

The floor of the booth must meet the requirements for the characteristics of the products that are stored, and must be an area of easy cleaning and washing.

In any case, the roof of the cassette will be light and subject in such a way as to be the area of least resistance in case of explosion or projection. However, it will prevent intrusion by resistance similar to that of the walls.

The counter and the sales facade must be covered by a flying visor with a minimum width of 60 centimeters.

6. Fire resistance from sales outlets

This paragraph shall apply to all retail establishments except for temporary establishments of Type M and N. However, temporary establishments of Type M and N must have extinguishers.

The fire resistance requirements set out in this paragraph shall apply to those premises within which pyrotechnic products are deposited, that is to say both for the warehouses and for the area for sale in the case of pyrotechnic products on shelves.

All parts of the warehouse, including the door, will have at least one resistance to the fire IS 120, according to the Royal Decree 842/2013 of 31 October, approving the classification of the construction products and the construction elements according to their properties of reaction and resistance to the fire and in accordance with the current regulations of fire safety in industrial establishments.

An automatic fire detection and extinguishing system, by rapid smoke detectors, associated with an extinguishing agent with high cooling capacity, will be available in the establishment. The following table lists a non-exhaustive list of extinguishing agents that may or may not be used:

extinguisher agent

No

No

Validity
sprayed water raisers
nebulized Water
Foam
No
	No

The validity of any other extinguishing agent not included in the above list will require the specific approval by the General Directorate of Energy Policy and Mines, with the approval of the tests set out in the Technical Specification 17.01. Such tests must be carried out by a Contributing Entity of the Administration for this regulation.

The sizing, location and installation of these systems must be performed by qualified personnel, depending on the warehouse and shelving, the pyrotechnic load and its disposition.

On the other hand, next to each of the doors of the establishment (permanent and temporary) and of the warehouse there will be at least one extinguisher of polyvalent powder ABC (21-A-113BC), with a minimum capacity of 6 kilograms, located in such a way that they are easily visible and accessible, so that the top of the extinguisher is not more than 1.70 meters above the ground.

All fire equipment and systems, including installation and preventive maintenance, must be in compliance with the applicable regulations.

7. Installation and electrical equipment in retail establishments

Sales establishments of pyrotechnic products must comply with the ITC number 13.

8. Minimum security requirements

Incompatibilities.

In no case can any incompatible materials be stored together. The storage incompatibility is collected in ITC number 16.

In the pyrotechnic product store only the pyrotechnic product itself shall exist in its packaging and packaging. It shall be prohibited to store any other easily flammable material liable to cause a fire inside the warehouse.

Packaging and packaging.

The risk division of a product is determined, inter alia, by the original approved packaging.

All pyrotechnic products existing in the warehouse will remain inside their original packaging and packaging. If the packaging is not a determining factor for the allocation of the risk division (if the default table set out in paragraph 2.1.3.5.5 of the Model Regulations (Dangerous Goods Transport Recommendations) is applied), other approved packaging may be used to contain such products. Otherwise, the exposure and storage of pyrotechnic articles outside such packaging shall not be permitted, without prejudice to the possibility of the extraction of one or more units of sale when a product is dispatched to a customer.

Packaging will remain closed until the time you have to open them to remove some packaging or item for sale.

Packaging and packaging for pyrotechnic products should be intended exclusively for them, so no other type of product can be stored in the same packaging or packaging.

All packaging or outer packaging must bear the appropriate hazard signs and labels, the appropriate identification labelling, the necessary instructions and instructions.

Those packaging that present content losses due to vibrations, temperature, humidity or pressure cannot be sold to the public.

When internal packaging must be contained in an outer packaging, it shall be such that, under normal storage conditions, it cannot be broken, perforated or left to the packaging.

The storage of pyrotechnic articles should be carried out with caution. The packaging of pyrotechnic products should be stacked with the cover up and with the front marking visible.

Order, cleaning and maintenance.

Pass zones, exits and traffic lanes should remain free of obstacles so that they can be used without difficulty at all times. To this end, they must be cleaned regularly and whenever necessary to maintain them at all times under appropriate conditions.

Except during loading and unloading operations, the space located at the warehouse door shall be kept clear.

Signaling.

All signs must be in accordance with the specifications set out in Royal Decree 485/1997 of 14 April on minimum requirements for safety and health signs at work.

Independent of the intended signage in the corresponding preventive planning, in the pyrotechnic product store, the following signage must be placed on the access door:

a) Danger of fire and explosion.

b) Banned smoking and lighting fire.

c) A ban on the use of unauthorised persons.

Operating Procedures

In addition to the obligations on the prevention of occupational risks in accordance with the applicable legislation applicable, the following security measures must be taken into account:

i. Workers must strictly follow the work instructions and safety slogans.

ii. Appropriate personal protective equipment should be used for this activity.

iii. The position of work shall be maintained in order and in an appropriate state of cleanliness.

iv. The warehouse door shall have a system which prevents its free opening.

v. Pyrotechnic material shall not be stacked against the door of the same, for the purpose of allowing and facilitating a quick exit from the warehouse in case of emergency.

vi. Only the time required shall be kept inside the warehouse.

vii. The operator shall immediately be notified of any anomalies observed in the materials and installations.

viii. Actions leading to dangerous situations such as increases in temperature, friction or shock over pyrotechnic materials should be avoided.

ix. In the case of emergency, the workers shall provide first aid to the personnel who need it, communicating the situation, in order to provide the means necessary for the transfer to a health centre with the utmost urgency, if necessary.

x. It is expressly prohibited to smoke and carry any smoking article, as well as any apparatus capable of constituting an ignition source.

xi. Handling of packaging, packaging and articles will be carried out with caution.

xii. The utensils used for handling should not entail an additional risk.

xiii. There will be a visible and clearly identifiable location of the telephones of the fire and emergency department of the nearest town.

xiv. It shall be prohibited to introduce into the establishment alcoholic beverages or other substances which are liable to adversely affect the health and safety of persons.

xv. It shall be prohibited to remove pyrotechnic products from storage without authorisation.

xvi. Pyrotechnic articles may not be sold to those who are clear to the seller that they may be under the influence of alcoholic beverages or narcotic substances.

Training and information.

The sales establishment worker must be trained and informed in the field of security, in accordance with the applicable law. In this formation, given the particularity in the matter, it must be made express to the characteristics and risks inherent in the handling of the pyrotechnic materials and products.

9. Citizen security measures

The minimum of citizen security measures to be provided by the regulated establishments in this ITC will be as follows:

a) Detectors of presence in area of sale to the public and warehouse.

b) Door opening detectors in the access to the premises and the warehouse.

c) Piezoelectric seismic detectors on walls and roof of the warehouses.

Such systems should be connected to a private security company's alarm receiver (CRA).

These minimum citizens ' security will not apply to temporary or permanent temporary sales establishments without storage.

10. Authorizations

1. Establishments selling pyrotechnic articles are subject to the following authorisations:

(a) Authorisation for the installation of the sale of pyrotechnic articles.

(b) Authorisation for the operation of the establishment of sale of pyrotechnic articles.

2. Authorisation for the establishment of the sale of pyrotechnic articles.

2.1 Applications for the authorisation of the installation of the pyrotechnic article sales establishments shall be addressed to the corresponding Government Delegates, accompanied by a technical project which shall include the following documentation:

(a) Consent for the consultation of the personal identity data of the owners of the establishment, in accordance with the provisions of Royal Decree 522/2006 of 28 April 2006, which suppresses the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its related or dependent public bodies.

If you do not have the consent for the consultation of the data, photocopy of the National Identity Document or, in the case of foreigners, photocopy of the Foreign Identity Card or the residence card of the family of the Union citizen must be accompanied. In the case of citizens of the European Union or States party to the Agreement on the European Economic Area or of any other State to which the arrangements provided for by the International Convention are extended by International Convention, they shall submit copies of their certificate of registration, to which they shall also accompany copies of their national identity or passport document, documents to be in force.

b) Certification of the insurance company or financial institution of the contracting of a policy of civil liability or financial guarantee subscribed by the company owner of the establishment covering the activity of selling pyrotechnic articles and which, at least, must cover a capital of 181,562 euros of civil liability, or certificate issued by the credit institution, if a guarantee or guarantee for the same amount had been contracted.

If such certification is not available at this initial project stage, they will be presented in the incoming application.

c) The establishment's descriptive memory detailing all the data necessary to justify compliance with the requirements set out in this ITC. In particular, it shall be indicated:

i. Type of sale establishment.

i. Location of the establishment.

ii. Declaration by the holder of the authorized warehouse belonging to a finished product repository, accepting to host the pyrotechnic products from the casetas.

iii. Outputs from which the establishment consists.

iv. Characteristics of the warehouse, surface and useful volume.

v. Characteristics of the area for sale, surface and useful volume.

vi. Type of pyrotechnic products (risk categories and divisions).

vii. Maximum storage capacity.

viii. Citizen security measures.

ix. Citizen security measures.

d) Certificates:

i. Certificate of the electrical installation according to the electrotechnical regulation for low voltage: corresponds to the certificate issued by the installed installer of the electrical installation, in which it is certified according to the said regulation, and with the electrical project or electrical part contained in the project of the establishment.

ii. Certificate of electrical installation according to ITC 13 of the Regulation of pyrotechnic articles and cardboard: corresponds to the certificate issued by the installed installer of the electrical installation, in which it is certified according to the ITC 13 of the Regulation of pyrotechnic articles and cardboard, and with the electrical project or electrical part contained in the project of the establishment.

This certificate can be deleted in the following cases:

a) In the sales establishment there are no classified zones (Z0, Z1 or Z2).

(b) The certificate of the electrical installation referred to in point (i) is already declared in accordance with the requirements laid down in ITC 13 of the Regulation on pyrotechnic articles and cardboard.

iii. Certificate of fire installation: corresponds to the certificate issued by the approved installer, in which it certifies compliance with the Regulation of fire protection installations, approved by Royal Decree 1942/1993 of 5 November.

iv. Fire resistance certificates: corresponds to the certification of fire resistance of parts and doors.

If such certificates are not available at this initial stage of the project, they will be submitted in the application for entry into operation.

e) Maintenance contracts for fire equipment and systems.

If such contracts are not available at this initial stage of the project, they will be submitted in the application for entry into operation.

f) Planes: The following information will be included:

i. Constructive details of the establishment, including both the section or area intended for sale, and the warehouse.

ii. Location of fire equipment.

iii. Access to vehicles and car parks, if any.

iv. Location and indication of the applicable minimum distances, if any.

2.2 The submission of the said technical project will not be required in the case of previously approved establishments, with a responsible declaration of the applicant stating that no amendments have been made to the approved project in its day. If any modification has been made, a new project must be submitted.

2.3 Submitted an application for the approval of the installation of a sale of pyrotechnic articles, the Government Delegate will communicate the beginning of the procedure to the corresponding City Council, according to the characteristics of the establishment determined by the applicant. Also, reports will be requested of the Government Delegation's Industry and Energy Functional Area and the Civilian Guard's Arms and Explosives Intervention of the corresponding Command. If, within 30 days, the City Council does not issue a non-compliance with the implementation of the project, it will be understood to comply with the applicable municipal regulations regarding its establishment.

2.4 Once the authorization of the installation of an establishment for the sale of pyrotechnic articles by the Delegation of Government has been issued, the applicant will be able to start the necessary works, provided that he has obtained the municipal licenses by the corresponding City Council, according to the exclusive scope of his competences.

2.5 In the resolution of approval for the installation of the sale of pyrotechnic articles, at least the following shall be indicated:

a) Data of the data subject.

b) Characteristics of the establishment.

(c) Risk Divisions of Susceptible Pyrotechnic Articles.

d) Maximum total storage capacity and for each of the risk divisions.

e) Maximum quantity on shelves in the area of sale.

f) Sales limitations.

3. Authorisation for the operation of the establishment of sale of pyrotechnic articles.

3.1 The entry into operation of the sale establishment will require authorization from the corresponding Government Delegate, which will be granted after inspection and favorable report of the Functional Area of Industry and Energy and the Intervention of Arms and Explosives of the Civil Guard of the corresponding Command.

3.2 For the development of these inspections, the Functional Areas of Industry and Energy may require the workshop holder to report a contributing entity of the Administration

The Managing Entities of the Administration will also be able to act in the project phase at the request of the Functional Area of Industry and Energy.

3.3 In the resolution of authorisation for the operation of the establishment of the sale of pyrotechnic articles, at least the following shall be

:

(a) Data of the data subject and of the persons responsible for the sale at the time of its opening.

b) Characteristics of the establishment.

(c) Risk Divisions of Susceptible Pyrotechnic Articles.

d) Maximum total storage capacity and for each of the risk divisions.

e) Maximum quantity on shelves in the area of sale.

f) Sales limitations.

4. Validity and availability of the authorizations

Installation and operating authorizations for permanent establishments shall be indefinite provided that the conditions under which they were granted are not changed.

In the case of temporary establishments, the authorisation of installation and operation shall be agreed in a single act and shall be valid for a maximum period of three months.

The required authorisations shall always be available at points of sale and shall be due at all times by the competent authority.

ANNEX I

Notification model for the sale of interior use F1 category artifices

D. .............................................................., with registered office for the purposes of notifications in ......................................................................................................................................................., with NIF/NIE n. º ..............................., telephone ................................. fax .................................., e-mail: ................................, as holder or authorized representative of the sales establishment.

NOTIFIES:

What in the commercial establishment ........................................................., with domicile in (full address): .................................................................................., is to proceed to carry out the sale of pyrotechnics of category F1 of exclusive use inside, with the exception of thunder of impact, with a maximum capacity of storage of 5 kg net (NEC).

Supplier identification (manufacturer, importer or distributor) authorized (name and address):

...............................................................................................................................................

...............................................................................................................................................

...............................................................................................................................................

In ....................................., to ................... of ......................... of .................

(Signature of the holder or authorized representative of the establishment)

□ Authorizes that your personal identity data may be consulted by the Data Verification System, in the terms established by Royal Decree 522/2006 of 28 April 2006, which suppresses the contribution of photocopies of identity documents in the administrative procedures of the General Administration of the State and its public bodies.

If you do not record the consent for the consultation of the data by marking with an "X" of the initial box of the previous paragraph, photocopy of the national identity document or, in the case of foreigners, photocopy of the Foreign Identity Card, or of the family residence card of the Union citizen must be accompanied. In the case of citizens of the European Union or States party to the Agreement on the European Economic Area or of any other State to which the arrangements provided for by the International Convention are extended by International Convention, they shall submit copies of their certificate of registration, to which they shall also accompany copies of their national identity or passport document, documents to be in force.

For the purpose of this,

In ....................................., to ................... of ......................... of .................

(Signature of the holder or authorized representative of the establishment)

WEAPONS AND EXPLOSIVES FOR THE CIVIL GUARD

In compliance with the Organic Law 15/1999 of December 13, Personal Data Protection is informed that your data will be incorporated into the file of "ARMAS" of the D. G. of the Civil Guard whose purpose is: The Control of the subjects classified in the Regulations of Arms and Explosives. They may be addressed to the information: The Judicial Authorities and the Fiscal Ministry, pursuant to the provisions of Article 11.2.d of the Organic Law 15/1999 on the Protection of Personal Data. Other Security Forces and Bodies and National Bodies, as set out in articles 11.2.a and 21.1 of the aforementioned Organic Law 15/1999 and Organic Law 2/1986, of Security Forces and Bodies, International Organizations and Foreign Countries in the terms established in the agreements signed by Spain (Interpol, Europol, Schengen Information System, European Union and bilateral agreements). If you wish you can exercise the rights of access, rectification, cancellation and opposition provided by the Law, directing a letter to the D. G. de la Guardia Civil- DIRECTORATE DEPUTY OPERATIVA, C/ Guzmán el Bueno, 110-28003 Madrid.

TECHNICAL SPECIFICATION NUMBER 17.01

Evaluation of extinguishing agents for automatic extinguishing systems in local sales to the public of pyrotechnic devices

1. Object and scope of application

The following technical specification is intended to evaluate the extinguishing agents for installation in automatic fire detection and extinguishing systems, in order to determine their suitability for use in establishments selling pyrotechnic articles to the public, in accordance with the ITC number 17 of the Regulation on pyrotechnic articles and cardboard.

2. Assessment procedure

The evaluation of the extinguishing agent involves the following tests:

2.1 Fire propagation verification test:

This is a preliminary test performed without the installation of the automatic extinguishing system. It is intended to verify that the initiation of a pyrotechnic article causes the spread of the fire to all other adjacent products at a certain time.

2.2 Fire extinguishing assessment test:

This is the evaluation trial of the extinguishing agent. The purpose of the invention is to verify that the initiation of a pyrotechnic article does not cause the fire to spread to other adjacent products, due to the action of the extinguishing agent associated with the automatic fire extinguishing system.

3. Equipment and materials

a) extinguishing agent test object with automatic extinguishing system.

b) pyrotechnic articles:

1. Article n. 1:

Source Type.

Category F2.

NEQ ≥ 160 g pyrotechnic mixture per unit.

Quantity required: Two packs of the following characteristics:

Total NEC per pack ≥ 3840 g.

Packaging material: 4G cardboard boxes.

2. Article n. 2:

Source Type.

Category F2.

NEQ ≥ 25 g pyrotechnic mixture per unit.

Quantity Required:

2 packaging of the following features:

Total NEC per pack ≥ 2300 g.

Packaging material: 4G cardboard boxes.

2 packaging of the following features:

Total NEC per pack ≥ 700 g.

Packaging material: 4G cardboard boxes.

c) Local or test booth:

Minimum interior dimensions: 4 m × 2 m × 2.30 m (long, wide, high).

With no openings, except for cable and extinction system steps.

Material: Non-flammable.

d) Termopairs and log equipment:

6 Termopairs T, class 2, with temperature range ≥ 400 ° C.

Temperature recording equipment with at least 6 channels.

e) Other:

Pyrotechnic inflammators.

Empty 4G cardboard boxes of at least 0.03 m³.

Flexometer.

Stopwatch.

4. Preparation of the tests

4.1 Placement of pyrotechnic material.

The pyrotechnic material is placed on the floor in the centre of the test site as follows:

i. Place a packing of the article n. 1 in the centre of the test site. This packaging must be open.

ii. Laterally and adjacent to the previous packaging, place a package on each side of the item n. 2, with NEC ≥ 2300 g per package. These packages will remain closed.

iii. On the front and back and in the form adjacent to the packaging of Article n. 1, place a packing of the article n. 2, with NEC ≥ 700 g per package. These packages will remain closed.

iv. Finally, 4 empty packages are placed in the 4 corners, thus forming a set of 3 x 3 boxes, as shown in Figure 1.

Figure 1. Packaging assembly scheme (floor view)

4.2 Placement of thermocouples.

Thermocouples will be located as follows:

i. Termopar n ° 1: located in the external environment.

ii. Termopar n ° 2: situated 1 m above the box 1 and centred on it.

iii. Thermocouple n ° 3: located perpendicular to 25 cm from the side of the box n. 2, and 20 cm high (from the ground), and oriented towards the box.

iv. Termopar n ° 4: located perpendicular to 25 cm from the side of the box n. 3, and 20 cm high (from the ground), and oriented towards the box.

v. Termopar n ° 5: located perpendicular to 25 cm from the side of the box n. 4, and 20 cm high (from the ground), and oriented towards the box.

vi. Thermocouple n. 6: located perpendicularly to 25 cm from the side of the box n. 5, and 20 cm high (from the ground), and oriented towards the box.

Figure 2. Thermocouple placement scheme

5. Fire propagation verification test

5.1 Procedure:

i. Pyrotechnic material as referred to in paragraph 4 is placed inside the test site.

ii. An electrical inflator is connected to the initiation wick of one of the existing units at the top of the box 1.

iii. Thermocouples are connected to the recording equipment located on the outside of the test site.

iv. The test site is closed and the ignition is carried out at the same time as the timer is put in place.

v. After 10 minutes the door is opened (this time can be increased for safety reasons).

5.2 Acceptance criteria:

i. The pyrotechnic product used is considered to be suitable for the test of the extinguishing agent if the following results are observed:

In a time less than 1 minute since the inflammation of the pyrotechnic article, all thermocouples, except for the thermocouple T1, must exceed the temperature of 100 ° C. Also, the temperature in them must be greater than 100 ° C just in the time of 1 minute.

Once the test and the fire originated inside, all the boxes must be completely burned.

ii. Otherwise, it will be necessary to re-select other pyrotechnic articles or to modify their location inside the packaging, and to repeat the test until the acceptance criterion is met. The fire extinguishing test shall not be carried out without prior verification of compliance with this preliminary requirement.

6. Fire extinguishing assessment test

6.1 Procedure:

i. Pyrotechnic material as referred to in paragraph 4 is placed inside the test site.

ii. The automatic extinguishing system is installed with the extinguishing agent being tested. The automatic extinguishing system must be sized and installed by a company which is enabled to do so in accordance with applicable regulations. The initiation of the discharge of the extinguishing agent shall be carried out manually.

iii. An electrical inflator is connected to the initiation wick of one of the existing units at the top of the box 1.

iv. Thermocouples are connected to the recording equipment located on the outside of the test site.

v. The test site is closed and the ignition is carried out at the same time as the timer is put in place.

vi. After 2 seconds above the ignition duration of the pyrotechnic article, proceed to the manual unloading of the extinguishing agent. To this end, it is recommended to determine before the test the duration of the pyrotechnic article.

vii. After 10 minutes, the door is opened (this time can be increased or reduced for safety reasons).

6.2 Acceptance Criterion:

i. The tested extinguishing agent is considered to be suitable for use in the automatic fire extinguishing systems in establishments selling pyrotechnic products, if the following results are observed:

None of the thermocouples, except for the T1 thermocouple, reaches a temperature above 40 K above the ambient temperature.

After the end of the test, it is observed that there has been no spread of the fire to any of the boxes adjacent to box 1 (box n. 2, n. 3, n. 4, n. 5, n. 6, n. 7, n. 8 and n. 9).

ii. Otherwise, the extinguishing agent shall be deemed not to be fit for use in automatic fire extinguishing systems for establishments for sale to the public of pyrotechnic products, as set out in ITC No 17 of the Regulation on pyrotechnic articles and cardboard.

7. Test report

A test report must be produced that collects at least the following information:

i. Identification of the extinguishing agent and features of the installed extinction system.

ii. Identification and specifications of the pyrotechnic material used.

iii. Identification of the installed installation company of the automatic fire extinguishing system.

iv. Photo reporting.

v. Graphic records of the temperatures.

vi. Results obtained.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 18

Religious, Cultural And Traditional Festive Manifestations

1. Object and scope of application

The purpose of this ITC is to regulate the use of pyrotechnic articles by Consumer Groups Recognized as Experts, in festive, religious, cultural and traditional manifestations organized by collectivities, legal persons, municipalities, associations or legal entities, etc. These are events in which the type and manner of use of pyrotechnic articles require specific organisational and security measures, as well as accreditative certification as recognised consumers as experts (CREs) of the consumers participating in it.

As a general rule, the pyrotechnic articles used in the celebrations regulating this ITC must have CE marking and be catalogued. These articles may be of categories F1, F2, F3, T1 and P1. In addition, pyrotechnic articles may be used which, for constructive or functional reasons, may not be CE marked, except for the scope of Directive 2013 /29/EU of 12 June 2013.

This technical instruction will not be applicable in the acts of arcabuceria of the feasts of Moors and Christians and other festive manifestations with the use of advanced weapons.

In addition, this Technical Instruction will not be applicable in those religious, cultural and traditional festive manifestations, in which only CE marked devices are used in accordance with the instructions given by the manufacturer.

2. Authorisation of festive events

The recognition of a festive event as religious, cultural or traditional, at the local or regional level, will be carried out by the corresponding autonomic administration, either on its own initiative or at the request of the local authorities, by means of a provision to be published in the corresponding "Official Journal", in which the participation of minors is permitted in the festive event.

Once the festive event is recognized as religious, cultural or traditional, the organizer of the act or the Group of Consumers Recognized as Experts interested in using fireworks object of this ITC, must present to the corresponding City Council, in case this is not the organizer of the celebration, request for authorization, that includes, at least:

1. Evidence of the legal personality of the Group or Consumer Groups Recognised as Participating Experts.

2. List of persons belonging to the Group or Groups, with an indication of the persons representing them.

3. Details of the persons responsible for the groups and supporting documentation for the training in the training programme set out in point 4.

4. Documentary justification that all the components of the Groups have received specific training for participation in the festive event in accordance with point 4.

5. Written permission of parents or legal guardians in case of participation of minor CRE.

6. Detailed programme of the event, with an indication of the space of celebration or of its journey, as well as the time of realization.

7. Relationship of the types of fireworks that will be used, description of their operation, NEC by artifice and total. In the case of CE marked articles, indication of the categories and numbers of cataloging.

8. Form and instructions for traditional use of pyrotechnic articles provided for in the holiday.

9. Risks to the participants of the Group and prevention and protection measures to mitigate such risks, indicating, where appropriate, the recommended clothing and personal protective equipment.

10. Proposal for the planned security and emergency measures, both for participants and spectators, as well as, where appropriate, the clothing and protective measures recommended for the interaction in the act of third parties.

11. Documentary justification that the organizer has signed a civil liability insurance or other financial guarantee covering the possible damages to third parties arising from the performance of the festive event, and accident insurance covering the possible accidents in the event of the participation of minor CREs, without prejudice to the compliance with the regional or local regulations in this respect.

12. In the case of the use of non-CE marked articles, except for the scope of Directive 2013 /29/EU for constructive or functional reasons, Resolution of the authorisation of the Ministry of Industry, Energy and Tourism to manufacture, store and transport pyrotechnic articles for use by consumers recognised as experts, pursuant to Article 21.5 of the Regulation on pyrotechnic articles and cardboard.

In the case of festive events in which less than 50 kilograms of regulated matter are to be used, the City Council, once the request for authorization of the festive event has been received and in any case provided that it is the organizer of the celebration, shall communicate to the Delegation or Subdelegation of the Government concerned the conclusion of the act by contributing at least, the documentation provided for in points 7 and 8 above, and in its case the one set out in point 12, which shall be deemed to be authorized except express refusal.

In the event that more than 50 kilograms of regulated matter are to be used in the festive demonstration, the express authorization of use of the Delegation or Subdelegation of the corresponding Government will be mandatory. In such a case, the City Council shall, in the application for authorization, attach the documentation provided for in points 6, 7 and 8 above, and where appropriate the case referred to in point 12, together with the reference to the declaration of the festive demonstration authorized by the Autonomous Community.

The communication or application for authorization to the Delegation or Subdelegation of Government indicated above must be done at least 15 working days in advance.

The Councils may not require the organizer of the act, in the same way that the Delegation of Government may not require the City Council, for each festive event, that information and documentation in force that is already in its possession, as a result of previous demonstrations requested by that organizer, with indication of the data of the previous festive demonstration and accompanied by a declaration on the permanence of the validity of the documents provided.

Once the authorization of the use of the pyrotechnic articles by the Delegate or Deputy Government of Government has been obtained, prior to the favorable report of the Functional Area of Industry and Energy, the City Council will authorize the event, being the one responsible for the custody of the insurance of civil liability or financial guarantee subscribed by the organizer of the act, as well as the safeguard of the measures of security and organization that it has attributed in the field of its competences.

The application for authorization, communication and the associated documentation referred to in this paragraph, may be submitted to the Delegation or Subdelegation of the Government by electronic means through the Electronic Headquarters of the Secretariat of State of Public Administrations.

3. Requirements of the festive event

They may only use pyrotechnic articles in religious, cultural or traditional festive manifestations that are authorized by the Town Hall of the locality where they are held, persons belonging to a Group of Consumers Recognized as Experts. In the case of use of black powder, the quantity each participant may bear shall be one kilogram in a single container designed for that purpose and with such maximum capacity.

It will be City Hall competition:

(a) Authorize the celebration of the festive event, in accordance with the provisions of this ITC and the applicable regional and local regulations.

b) Give dissemination of the celebration of the event to the public, as well as the space or travel of the performance and the time of realization.

c) Report on the applicable security measures as well as, where appropriate, the clothing and protective measures recommended for participation in the festive demonstration of third parties.

d) To ensure compliance with the security measures and requirements established for each act.

4. Minimum training for consumers recognised as experts

In accordance with the provisions of the previous paragraph, the Autonomous Community, either directly or through the associations of entrepreneurs, cultural entities or groups of consumers recognized as experts, will organize the imparting of the training corresponding to the members of the participating entities in each type of festive manifestation. To do this, it must have the appropriate means, both material and human, being able to be own or others, making sure in due time the effectiveness of some or others for the achievement of the marked objectives.

Once the follow-up and the improvement of the course have been documented, the corresponding Autonomous Community shall issue a certification certificate of training received as an integral part of a particular Group of Consumers Recognized as Experts. The certification shall remain valid as long as the conditions of the celebration are preserved.

No Consumer Recognized as an Expert will be able to participate in the festive event if he is not in possession of this certificate.

In the case of the groups responsible, the certification of the training shall be issued by the Functional Area of Industry and Energy of the Delegation or Subdelegation of the Government concerned following the verification that the responsible person is of age. The certification shall remain valid as long as the conditions of the celebration are preserved.

4.1 The minimum training programme for Consumers Recognised as Experts will be as follows:

a) Information about the pyrotechnic articles to be used in the festive event.

i. Operation of the devices to be used.

ii. Correct use.

iii. Risks arising from their use.

iv. Specific prevention measures.

b) Knowledge about the development of the festive manifestation.

i. Delimitation of the area of the festive manifestation.

ii. Delimitation of the security area, if any.

iii. Requirements for access to the festive event.

c) Security and emergency measures.

i. Security measures established for the development of the festive event.

ii. Procedures for action in the event of accidents.

d) Procedures for the reception and return of pyrotechnic articles.

e) Treatment of failed items.

4.2 The minimum training programme for the Responsible Consumers ' Groups as Experts will be as follows:

a) Composition and basic properties of the various types of fireworks to be used.

i. General knowledge of the operation of fireworks.

ii. Basic theoretical aspects of the artifices and their initiation systems.

b) Basic training in techniques for the preparation of the devices and their use.

i. Auxiliary elements for protection, fastening, etc.

ii. Protection against moisture and rain.

iii. Safety in the handling, storage, transport and use of fireworks.

iv. Treatment of failed artifices.

c) Knowledge of the legislation on festive manifestations.

d) Examples of illustrative incidents and accidents, more representative failures, and measures to prevent them.

5. Use, acquisition, storage and disposal of pyrotechnic devices used in festive events

The pyrotechnic articles intended to be used in the celebrations that this ITC regulates, may be used in the form and instructions intended to be used on that holiday, and with the security measures established for the holiday in particular.

The CE marked pyrotechnic articles used in the celebrations governing this ITC must be acquired, on request, by the responsible of the Consumer Group Recognized as Experts in a deposit of finished products of a manufacturing workshop duly authorized in accordance with the regulations of pyrotechnic articles and cardboard.

The manufacture, purchase, transport, storage and disposal of pyrotechnic articles used in the festive events regulated by this ITC shall be carried out in accordance with the provisions of the Regulation on pyrotechnic articles and cardboard and, where appropriate, specifically provided for in Articles 21, 105 and 167.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 19

Transport by rail

The consignor, when formalizing the transport contract by means of the transport document, is responsible for having fulfilled the conditions required by Royal Decree 412/2001 of 20 April, which regulates various aspects related to the transport of dangerous goods by rail, especially as regards the nature of the goods, weight, packaging characteristics, prohibition of common loading and labels. In the event of a false or incomplete declaration or failure to comply with the above conditions, it shall be liable for damages.

The transport of regulated matter shall be carried out on freight trains, except in the case of military trains, under the responsibility of the military authority concerned.

It shall be ensured that the wagons carrying these goods do not circulate either in the head or in the tail of the train, except where the train is pure, or mixed with intended intervention on its route, and which meets the following conditions:

a) Present good conservation status and have the revisions within the deadline.

b) Being provided with roller boxes.

c) Being provided with regulatory parachisps. UIC 543 token.

Before loading, the wagons shall be subject to a rigorous recognition in the part that affects the circulation, i.e. traction, shock, filming, brake and suspension, communicating in writing to the head of the unit for his file and constancy at the station.

It is not permitted to smoke, use flame lanterns or any other source of ignition in the vicinity of the packages, containers or vehicles carrying these goods.

This ban is especially applicable in:

a) Load and unload operations.

b) Deposit of packages and containers in docks and warehouses.

c) Parking and circulation of vehicles in stations, derivations particles and full track.

d) Jobs in the immediate proximity of the track.

The train drivers carrying these materials will be informed of this. They shall also carry safety sheets corresponding to the dangerous goods transported, provided by the consignor.

These tokens will be required for each mode of transportation by international regulations.

The command posts will keep a special watch on these trains, so as to avoid long delays and detentions. These trains must necessarily use the ring lines, where they exist, with the exception of loading and unloading in populations.

Should be avoided as far as possible:

i. The crossing of these trains with those of travelers in tunnels more than 100 meters in length.

ii. The prolonged parking of a train in a inhabited core station or when it is situated less than 500 metres away from the nearest core of the population grouped together.

iii. The parking of more than one train with dangerous goods in the same station.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 20

Security rules for loading and unloading to ports

1. Object and scope of application

This ITC is intended to establish the applicable rules for docks, ports, jetties and associated facilities and services during the loading and unloading of products covered by the Regulation on pyrotechnic articles and cardboard.

2. General rules

The following instructions are generally followed:

A point of docking will be established inside of the ships loaded with regulated matter.

In its facilities, a signposted zone will be reserved for the parking of vehicles loaded with regulated subject matter. So:

(a) For loading or unloading, vehicles shall be close to the side of the boat one by one, without, outside the parking area, two vehicles loaded with regulated matter can be found together.

(b) Pallets or containers of regulated matter shall be transferred directly from vehicle to boat or vice versa, without depositing or stacking them on the dock.

(c) The port staff carrying out any operation with regulated matters shall be instructed in respect of the basic precautions to be taken in the handling of these products.

The various formulas set out below are of direct application for the risk division 1.1. For products of division 1.2, the net quantity, Qp, of matter or maximum permissible concentrated explosive mixture in the ports obtained by the application of the corresponding formula shall be multiplied by 10. For products of division 1.3, this quantity shall be multiplied by Qp by 50. Finally, this ITC will not be applicable in the case of products of division 1.4.

3. Maximum allowable concentrated amounts in the ports

For the purposes of Articles 24 and 40 of the Regulation on Admission, Storage and Handling of Dangerous Materials in Ports, approved by Royal Decree 145/1989 of 20 January 1989, the permissible net concentrated quantity will be determined by the existing distances from the area in which the load is found to inhabited buildings and public communication routes, in both cases external to the port facilities.

Concentrated quantity shall mean the sum of all the groups of vehicles or packages of regulated matter on the dock, separated from each other a distance, in metres, less than:

being Q0, in kilograms, the net quantity of material or explosive mixture per unit or transport element.

The maximum concentrated quantity, QP, in kilograms, permissible in the port shall be determined by the formula:

where d is the distance, in metres, to inhabited buildings and roads or public railways other than port facilities and K1 a coefficient according to the following table:

From 45,001 to 90,000

quantity of material or explosive mixture - kilograms	coefficient k1
	buildings	Communication
10 to 45,000	15.6	9.3
17.0
90.001 to 125,000	19.0
than 125,000	20.0	11.9

4. Parking area of loaded vehicles

It shall be a clearly signposted zone for the parking of the loaded vehicles, pending discharge in the case of an expedition, or of its departure from the port if it is a reception, the surface of which shall be the function of the maximum net load per unit or transport element, Q0 in kilograms, and of the number of these, n, in such a way as to maintain minimum distances between vehicles, in metres, of:

For the location of this parking zone, minimum distances must be saved for:

The ship to download:

Inhabited buildings:

Public use roads and railways:

5. Maximum allowable quantities on ship

The total net mass of permissible explosive material on dock loaded vessel, QB in kilograms, shall be the function of the permissible in the port, QP, affected by a multiplying factor, K:

QB = K-QP

being K in turn, function of coefficients A and B: K = A-B

Depending on the position of the shipment on the ship:

A = 1, for cargo on deck.

A = 2, for cargo in the hold, above the waterline.

A = 5, for cargo in the hold, below the waterline.

and B, packing and handling method:

B = 1, for boxes and loose packages.

B = 2, for loading in load units, palettes.

B = 4, for container shipment.

6. Exceptions

The Ministry of Public Works, through the Director of the Port Authority corresponding to the port in which the operation of loading or unloading takes place, may exceptionally exempt, on its own initiative or at the request of an interested party, the fulfilment of certain conditions indicated and in the previous paragraphs, provided that additional measures are established in such a way that the safety in the transport and handling is not compromised. With the exception of the exception that will eventually be made, the reports of the Permanent Inter-Ministerial Arms and Explosives Commission and the Commission for the Coordination of the Transport of Dangerous Goods will be mandatory and binding.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 21

Notification of compliance assessment bodies

1. Object

The purpose of the JTI is to establish the requirements for the notifying authority and the notified bodies responsible for the conformity assessment of pyrotechnic products.

2. Notifying Authority

The Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism will establish and implement the necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies. It shall also be responsible for notifying the European Commission and the other Member States of the bodies authorised to carry out the tasks of conformity assessment by third parties in accordance with Directive 2013 /29/EU.

The above reporting entity shall meet the following requirements:

a) You will not have any conflicts of interest with the conformity assessment bodies.

b) Preserve the objectivity and impartiality of its activities.

c) Any decision on the notification of the conformity assessment body shall be taken by competent persons other than those who carried out the assessment.

(d) shall not offer or perform any activity carried out by the conformity assessment bodies or consultancy services of a commercial or competitive nature.

e) Preserve the confidentiality of the information obtained.

f) Dispose sufficient competent personnel to perform their duties properly.

(g) inform the European Commission of the procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, as well as of any changes to the notified bodies.

3. Requirements relating to notified bodies

3.1 The conformity assessment body shall be established in accordance with the national law of the Spanish State and shall have legal personality.

3.2 The conformity assessment body shall be a third party body independent of the organisation or the pyrotechnic article it assesses.

3.3 The conformity assessment body, its top management and the staff responsible for carrying out the conformity assessment tasks shall not be the designer, the manufacturer, the supplier, the installer, the buyer, the owner, the user or the keeper of the maintenance of pyrotechnic articles or explosive substances or the representative of any of those parts. This shall not preclude the use of pyrotechnic articles and explosive substances which are necessary for the activities of the conformity assessment body or for the use of pyrotechnic articles for personal purposes.

Compliance assessment bodies, their top management and the personnel responsible for carrying out the conformity assessment tasks shall not directly intervene in the design, manufacture or construction, placing on the market, installation, use or maintenance of pyrotechnic articles or explosive substances, nor shall they represent the parties involved in these activities. They shall not engage in any activity which may conflict with their independence of criteria and their integrity in relation to the conformity assessment activities for which they are notified. This applies in particular to consultancy services.

Compliance assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity and impartiality of their conformity assessment activities.

3.4 The conformity assessment bodies and their staff shall carry out the conformity assessment activities with the highest level of professional integrity and with the required technical competence for the specific field, and shall be free from any pressure or incentive, in particular financial, which may influence their assessment or the outcome of their conformity assessment activities, in particular persons or groups of persons having an interest in the results of these activities.

3.5 The conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it in accordance with the provisions of ITC No 3 and for which it has been notified, irrespective of whether it carries out the tasks itself or is carried out on its behalf and under its responsibility.

At all times, for each conformity assessment procedure and for each type or category of pyrotechnic articles for which it has been notified, the conformity assessment body shall have:

(a) The necessary personnel with sufficient technical expertise and sufficient experience to perform the conformity assessment tasks.

(b) The descriptions of procedures under which conformity assessment is carried out, ensuring the transparency and the possibility of reproduction of these procedures, and appropriate strategies and procedures to distinguish between the tasks performed as a notified body and any other activity.

(c) Procedures for carrying out their activities taking due account of the size of the companies, the sector in which they operate, their structure, the degree of complexity of the technology of the product concerned and whether the production process is in series.

The conformity assessment body shall have the necessary means to properly perform the technical and administrative tasks related to conformity assessment activities and shall have access to all equipment or installations it requires.

3.6 The personnel performing the compliance assessment activities will have:

(a) Good technical and professional training to carry out all the conformity assessment activities for which the conformity assessment body has been notified.

b) A satisfactory knowledge of the requirements of the assessments it makes and the authority necessary to carry out them.

(c) adequate knowledge and understanding of the essential safety requirements set out in ITC No 2, of the applicable harmonised standards and of the relevant provisions of Union harmonisation legislation and of national legislation.

(d) The capacity required for the preparation of the certificates, documents and reports showing that the evaluations have been carried out.

3.7 The impartiality of the conformity assessment body, its top management and the staff responsible for carrying out the conformity assessment tasks shall be ensured.

The remuneration of the top management and staff responsible for carrying out the conformity assessment tasks of a conformity assessment body shall not depend on the number of assessments carried out or on the results of such assessments.

3.8 The body must take out civil liability insurance or other financial guarantee, in accordance with the provisions of Royal Decree 2200/1995 of December 28, which approves the Infrastructure for Quality and Industrial Safety Regulation.

3.9 The personnel of the conformity assessment body shall observe the professional secrecy concerning all information collected in the framework of their tasks, in accordance with ITC No 3 or any provision for which it applies, except in respect of the competent administrative authorities of the State in which it carries out its activities.

3.10 The conformity assessment body shall participate in the relevant standardisation activities and the activities of the notified body's coordination group established in accordance with the applicable Union harmonisation legislation, or shall ensure that its personnel responsible for carrying out the conformity assessment tasks are informed of this, and shall apply in the manner of general guidelines the decisions and administrative documents resulting from the work of the group.

4. Presumption of conformity of notified bodies

If a conformity assessment body demonstrates that it meets the criteria laid down in the relevant harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, it shall be presumed to comply with the requirements set out in the previous paragraph in so far as the applicable harmonised standards cover those requirements.

5. Subsidiaries and subcontracting of notified bodies

5.1 Where the notified body subcontracts specific tasks related to conformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary complies with the requirements set out in paragraph 3 and shall inform the notifying authority accordingly.

5.2 The notified body shall assume full responsibility for the tasks performed by the subcontractors or the subsidiaries, irrespective of where they are based.

5.3 Activities may only be subcontracted or delegated to a subsidiary, subject to the consent of the client.

5.4 The notified body shall keep at the disposal of the notifying authority the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary, as well as the work carried out by them in accordance with ITC No 3.

6. Notification Request

6.1 The conformity assessment bodies shall submit a request for notification to the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism.

6.2 The notification request shall be accompanied by a description of the conformity assessment activities, the conformity assessment module (s) and the article (s) or pyrotechnic articles for which the body is considered competent, as well as the corresponding accreditation issued by ENAC, as well as all documentary evidence necessary for the verification, recognition and periodic monitoring of compliance with the requirements set out in paragraph 3.

7. Notification procedure

7.1 The notifying authority may only notify conformity assessment bodies which satisfy the requirements laid down in paragraph 3.

7.2 The European Commission and the other Member States shall be notified by means of the electronic notification system developed and managed by the European Commission.

7.3 The notification shall include details of the conformity assessment activities, the module or the conformity assessment modules, the pyrotechnic article or articles concerned and the corresponding certification of competence.

7.4 Where a notification is not based on the accreditation referred to in paragraph 6.2, the notifying authority shall transmit to the European Commission and to the other Member States documentary evidence demonstrating the competence of the conformity assessment body and the existing provisions to ensure that the body is regularly monitored and that it will continue to comply with the requirements set out in paragraph 3.

7.5 The body concerned may only carry out the activities of a notified body if no objection has been raised by the European Commission and the other Member States within two weeks of a notification in the event of a certificate of accreditation being used and two months from a notification in the event of no accreditation being used.

7.6 Only that body shall be considered as a notified body for the purposes of Directive 2013 /29/EU of the European Parliament and of the Council of 12 June 2013.

7.7 The notifying authority shall inform the European Commission and the other Member States of any relevant changes after the notification.

8. Identification numbers and lists of notified bodies

8.1 The European Commission will assign an identification number to each notified body. It shall allocate a single number even where the body is notified under several Union acts.

8.2 The European Commission shall make public the list of notified bodies in accordance with Directive 2013 /29/EU of the European Parliament and of the Council of 12 June 2013, together with the identification numbers assigned to them and the activities for which they have been notified. The European Commission will ensure that the list is kept up to date.

9. Changes to the notification

9.1 When the Directorate-General for Energy Policy and Mines establishes or is informed that a notified body no longer meets the requirements set out in paragraph 3 or is not fulfilling its obligations, it shall restrict, suspend or withdraw the notification, as appropriate, depending on the seriousness of the non-compliance with the requirements or obligations. It shall immediately inform the European Commission and the other Member States thereof.

9.2 In the event of withdrawal, restriction or suspension of notification, or the notified body having ceased its activity, the Directorate-General for Energy Policy and Mines shall take appropriate measures to ensure that the files of that body are processed by another notified body.

10. Questioning the competence of notified bodies

10.1 The European Commission shall investigate all cases where it doubts or doubts whether a notified body is competent or continues to comply with the requirements and responsibilities assigned to it.

10.2 The notifying Member State shall provide the European Commission, at its request, with all the information on which the notification or the maintenance of the competence of the notified body concerned is based.

10.3 The European Commission will ensure the confidential treatment of all sensitive information collected in the course of its investigations.

10.4 Where the European Commission finds that a notified body fails to comply or no longer meets the requirements of its notification, it shall adopt an implementing act requesting the notifying Member State to take the necessary corrective measures, which may, where necessary, consist in the cancellation of the notification.

11. Operational obligations of notified bodies

11.1 The notified bodies shall carry out conformity assessments in accordance with the conformity assessment procedures laid down in ITC No 3.

11.2 Compliance assessments will be carried out in a proportionate manner, avoiding the imposition of unnecessary burdens on economic operators. Conformity assessment bodies shall carry out their activities taking due account of the size of the undertakings, the sector in which they operate, their structure, the degree of complexity of the product technology and whether the production process is in series.

However, they will respect the degree of rigour and the level of protection required for the pyrotechnic article to comply with the requirements of this regulation.

11.3 The notified bodies carrying out conformity assessments shall assign registration numbers, which shall identify the pyrotechnic articles which have been the subject of a conformity assessment and their manufacturers, and shall keep a record with the registration numbers of the pyrotechnic articles for which they have issued certificates.

11.4 If a notified body finds that the manufacturer does not meet the essential safety requirements laid down in ITC No 2 or the relevant harmonised standards or other technical specifications, it shall require the manufacturer to take appropriate corrective measures and shall not issue the certificate of conformity.

11.5 If, in the course of the follow-up to the consecutive conformity to the issue of the certificate, a notified body finds that the pyrotechnic article is no longer compliant, it shall require the manufacturer to take appropriate corrective measures and, if necessary, suspend or withdraw its certificate.

11.6 If no corrective action is taken or if corrective action is not taken, the notified body shall restrict, suspend or withdraw any certificate, as the case may be.

12. Reporting obligation for notified bodies

12.1 The notified bodies shall inform the notifying authority:

(a) Any refusal, restriction, suspension or withdrawal of certificates.

(b) Any circumstances affecting the scope and conditions of notification.

(c) Any request for information on conformity assessment activities in the framework of market surveillance.

d) upon request, of the conformity assessment activities carried out within the scope of its notification and of any other activities carried out, including cross-border activities and subcontracting.

12.2 The notified bodies shall provide the other notified bodies in accordance with Directive 2013 /29/EU with similar conformity assessment activities and which provide for the same pyrotechnic articles, relevant information on issues related to negative results and, upon request, with positive results of the conformity assessment.

13. Exchanges of experience

The European Commission will arrange for the exchange of experience between the national authorities of the Member States responsible for the notification policy to be organised.

14. Coordination of notified bodies

The European Commission shall ensure that appropriate coordination and cooperation between the notified bodies in accordance with Directive 2013 /29/EU in the form of a forum of notified bodies is put in place and properly managed.

Member States shall ensure that the bodies they report participate in the work of this forum directly or through designated representatives.

15. Obligations of notified bodies in relation to traceability

Notified bodies carrying out conformity assessment procedures pursuant to Article 8 shall maintain, in the format set out in the Annex to this ITC, a register of pyrotechnic articles for which they have issued EC-type examination certificates in accordance with modules B, G or H as set out in ITC No 3.

The registration of pyrotechnic articles shall contain at least the information on the items listed in the Annex. Such information shall be kept for at least 10 years from the date on which the notified bodies have issued the certificates or approvals referred to in the first subparagraph.

Notified bodies shall regularly update the register and make it available to the public on the Internet.

When the notification of a conformity assessment body is withdrawn, that body shall transfer the registration to another notified body or to the Directorate-General for Energy Policy and Mines.

16. Action against the decisions of notified bodies

In the face of the decisions made by the notified bodies, users will be able to make resources that they will be able to present in a motivated way to the Directorate General of Energy Policy and Mines of the Ministry of Industry, Energy and Tourism.

ANNEX I

Pyrotechnic item record format

	Certificate Issue Date(1)	Manufacturer	Product Type(2)	Compliance Module(3)	Notified Body(4)	Additional Information

Notes:

⁽¹⁾ Date of issue of the EC type examination certificate (module B), certificate of conformity (module G) or approval of the quality system (module H) and expiration date, if any.

⁽²⁾ Product type (generic) and subtype, if applicable.

⁽³⁾ Production phase compliance module.

⁽⁴⁾ The notified body responsible for evaluating the conformity of the production phase. It must be completed provided that it is under the responsibility of the notified body responsible for the conformity assessment procedure under module B of ITC No 3. It is not necessary in the conformity assessment procedures for modules G and H. Information shall be provided (where available) if another notified body is involved.

ANNEX II

Assessment and Notification Procedure for Conformity Assessment Bodies⁽¹⁾

1. Objective.

This Annex aims to establish the Assessment and Notification Procedures for Conformity Assessment Bodies for Directive 2013 /29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the placing on the market of pyrotechnic articles, in compliance with Article 24⁽¹⁾.

⁽¹⁾ In compliance with:

Article 24. Reporting obligation of notifying authorities.

Member States shall inform the Commission of their procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified bodies, as well as of any changes to the notified bodies.

The Commission will make this information public.

2. Competencies

The Directorate General for Energy Policy and Mines of the Ministry of Industry, Energy and Tourism is the Notifying Authority in the framework of Spanish legislation transposing Directive 2013 /29/EU⁽²⁾.

⁽²⁾ In compliance with:

Article 22. notifying authorities:

1. Member States shall designate a notifying authority which shall be responsible for establishing and implementing the procedures necessary for the assessment and notification of conformity assessment bodies and for the monitoring of notified bodies, including compliance with the provisions of Article 27.

The Directorate General for Energy Policy and Mines entrusts the National Accreditation Entity (ENAC) to accreditation the assessment of the requirements to be notified body⁽³⁾.

In compliance with:

Article 21. Notification.

Member States shall notify the Commission and the other Member States of the bodies authorised to carry out the tasks of conformity assessment by third parties in accordance with Directive 2013 /29/EU of the European Parliament and of the Council of 12 June 2013.

3. Evaluation procedure of the applicant bodies.

3.1 Notification Request

In order to carry out the assessment procedure of the bodies that aspire to be conformity assessment bodies, they shall submit an application to the Directorate-General for Energy Policy and Mines, which shall be accompanied by the following documents:

a) Identification data of the company, including its legal personality.

(b) Description of the conformity assessment activities, the conformity assessment module (s) and the article (s) or pyrotechnic articles for which the body requests to be notified.

(c) Data relating to financial resources to ensure the proper performance of operations as a conformity assessment body as well as its financial stability.

d) The location of the headquarters, as well as the other seats of the agency, and of its authorized laboratories.

e) Insurance of Civil Liability or other financial guarantee in force, in accordance with the provisions of Royal Decree 2200/1995, of December 28, for which the Regulation of the Infrastructure for the Quality and the Industrial Security is approved.

f) Documents that credit the technical competence:

i. Accreditation in accordance with the UNE-EN ISO/IEC 17025 Test Laboratory standard.

ii. Accreditation in accordance with UNE-EN 45011 (UNE-EN ISO/IEC 17065) of the certification procedures.

(g) Accreditations issued by the National Accreditation Entity (ENAC) shall be in force and with the appropriate scope in the framework of the requested notification.

(h) Exceptionally, if the entity seeking the notification does not have the accreditation of ENAC, and provided that its non-acceptance would be detrimental to the economic operators, the assessment of the requirements may be carried out by the Directorate-General for Energy Policy and Mines. The entity seeking the notification shall demonstrate technical competence, as well as confidentiality, integrity, independence and impartiality in an equivalent manner, presenting to the effect all the documentary evidence necessary for the verification and recognition of compliance with the requirements set out in Article 25 of Directive 2013 /29/EU.

(i) Statement of subsidiaries and subcontracted companies by the notified body, including documentation showing that compliance with the requirements of Article 25 of Directive 2013 /29/EU is maintained with these activities.

3.2 Evaluation of the documentation presented.

(a) In the event that the technical competence of the applicant body is demonstrated on the basis of the accreditations of the National Accreditation Body, the Directorate General for Energy Policy and Mines will evaluate the veracity and appropriateness of the documentation presented.

If the submitted documentation is not compliant, the defects found will be corrected or, in the case of not being subsable, the request will be rejected.

If the documentation submitted is compliant, the validity period of the assessment shall be defined, informing the applicant body of the need for communication to the Directorate General of Energy Policy and Mines of any change in the conditions that prompted the notification.

(b) In the exceptional case that technical competence is demonstrated in an equivalent manner, the Directorate-General for Energy Policy and Mines will carry out an exhaustive study of the arguments that justify the technical competence of the applicant body. This study shall include an analysis of the conformity assessment procedures of the body as well as the necessary audits of the certification procedure and the test laboratory.

c) Accreditation by itself does not constitute a guarantee of notification by the General Directorate of Energy Policy and Mines.

4. Conformity Assessment Bodies Notification Procedure⁽⁴⁾

Once the evaluation procedure set out in the previous paragraph has been successfully completed, the Directorate-General for Energy Policy and Mines will notify the European Commission and the other Member States of the electronic notification system developed and managed by the European Commission.

⁽⁴⁾ In compliance with:

Article 21. Notification.

Member States shall notify the Commission and the other Member States of the bodies authorised to carry out the tasks of conformity assessment by third parties in accordance with Directive 2013 /29/EU of the European Parliament and of the Council of 12 June 2013.

This notification shall include detailed information on the conformity assessment activities, the conformity assessment module (s), the relevant pyrotechnic article (s) concerned and the corresponding certification of competence. The notification shall specify the period of validity.

In the exceptional case that the notification is not based on accreditation certificates, the Directorate-General for Energy Policy and Mines shall transmit to the European Commission and to the other Member States documentary evidence demonstrating the competence of the conformity assessment body and the existing provisions to ensure that the body is regularly monitored and that it will continue to comply with the requirements laid down in Article 25 of Directive 2013 /29/EU.

In the event of changes or changes after the notification, including restrictions, suspensions or withdrawals, the Directorate General for Energy Policy and Mines shall inform the European Commission and the other Member States.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 22

Signal of danger of presence of pyrotechnic articles and cardboard in the workshops and depots

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 23

Test Laboratories

1. Object and scope of application

1. The purpose of this JTI is to lay down the requirements for storage, handling, transport and use of pyrotechnic products necessary to carry out the activities of analysis, testing, testing and experimentation carried out by the test laboratories in the field of the Regulation on pyrotechnic articles and cardboard, which may be provided by the notified bodies or bodies of product control.

2. This JTI shall not apply to the following facilities and activities of the test laboratories:

(a) Tests for pyrotechnic articles of categories F1, F2, F3, T1 and P1, as well as elements and systems of initiation which do not contain detonating mixtures, provided that the net 10 kg (NEC) is not exceeded as a whole.

(b) Experimentation, testing and analysis of regulated matter with a net mass not exceeding 100 g.

3. In the case of (a) and (b) above, and in advance at the beginning of the activities, the test laboratory shall report to the relevant Industry and Energy Functional Area of the Subdelegation or Government Delegation in the Autonomous Community.

2. General requirements

2.1 In the authorisations for the installation of test laboratories, reference shall be made to the type of approved installations and to the types and quantities of pyrotechnic articles referred to in the authorisation. This authorization will be granted by the Government Delegate in the Autonomous Community, prior to the report of the provincial organ of the Functional Area of Industry and Energy, and the Central Intervention of Arms and Explosives.

In addition, prior to its entry into operation, the facilities and site of the test laboratories will require the authorization granted by the Delegation of Government in the Autonomous Community, prior to the favorable report of the Functional Area of Industry and Energy, and the Central Intervention of Arms and Explosives of the Civil Guard.

2.2 The facilities of a test laboratory may be composed of the following elements:

a) Shooting area and operating test facilities.

b) Facilities for analysis, inspection and testing of product packaging.

c) Stores.

d) Risk division test area.

e) Area of destruction or inertization.

2.3 Test laboratories may carry out analyses, tests, transport, verifications and experimentation, with pyrotechnic products not provided with CE marking or cataloging, in accordance with Article 21 of the Regulation on pyrotechnic articles and cardboard.

2.4 The placing on the market of pyrotechnic products made available to the test laboratory is prohibited.

2.5 In the event of an accident, the provisions of Article 86 of the Regulation on pyrotechnic articles and cardboard shall apply.

2.6 The transport of pyrotechnic products shall be governed by the provisions of Title IX of the Regulation on pyrotechnic articles and cardboard. However, test laboratories may carry on particular vehicles pyrotechnic products and non-scheduled articles for testing and testing purposes.

3. Specific requirements

3.1 Shooting area and operating test facilities.

In addition to the test facilities and other laboratory facilities, the firing range should be provided with appropriate stores, premises or facilities for the protection of pyrotechnic material during testing.

The premises intended for the protection of pyrotechnic material during the conduct of the tests shall not be considered as warehouses, so all pyrotechnic material must be removed after the tests have been completed.

The minimum distances to be observed at the site of the test laboratory firing range are as follows:

a) Distances from the intended trigger point:

Those indicated in paragraph 4.10 of ITC No 8, with the following minimum values:

i. 140 meters for buildings outside the laboratory.

ii. 54 metres in relation to railway lines and roads with a circulation of less than 2,000 vehicles/day.

iii. 73 metres in terms of communication routes (railway lines and roads with more than 2,000 vehicles/day) or tourist sites.

iv. 92 metres in relation to population centres or agglomeration of persons.

b) Distances from the protection site of pyrotechnic material:

i. 93 metres in relation to railway lines and roads with a circulation of less than 2,000 vehicles/day.

ii. 125 metres in terms of communication routes (railway lines and roads with more than 2,000 vehicles/day) or tourist sites.

iii. 158 metres in relation to population centres or agglomeration of persons.

iv. 28 meters from buildings or laboratory premises.

(c) The distances from the pyrotechnic material store, if any, shall be as specified in ITC No 9 of the pyrotechnic articles and cardboard Regulation, considering a risk division of 1.1.

The above distances may be reduced by half, when natural or artificial defences exist, in accordance with the provisions of ITC No 9 of the Regulation on pyrotechnic articles and cardboard.

For tests or tests performed on unit and independent-fired articles, a safety zone shall be established with a radius of 20 metres from the point of firing. In that area, which shall be monitored by the laboratory staff at any time, only the staff responsible for carrying out the tests may remain. There may be no buildings of their own or others, roads, and places which may be of particular danger, within the security zone.

3.2 Analysis, inspection and product conditioning testing facilities.

The facility that is part of the test laboratory must meet the distances specified in ITC number 9 of the pyrotechnic articles and cardboard regulation, with a risk division of 1.1 being considered for all installations. To this end, a maximum capacity of pyrotechnic material in process shall be established in each of them.

In relation to the location and possible changes in the environment, it will be applicable to the provisions of Article 24 of the Regulation on pyrotechnic articles and cardboard.

In the field of industrial and occupational safety, the following technical instructions numbers 9, 12 and 14 of the said Regulation will be available, as well as the provisions of the applicable legislation.

3.3 Storage of regulated matter.

Local storage is meant to be used exclusively for the continued storage of pyrotechnic products. In addition to the premises intended for the protection of pyrotechnic material during the tests, as referred to in paragraph 3.1, no storage shall be given to the equipment for the fitting of samples (climatic cameras, windpipe machines, etc.).

The warehouses associated with the accredited laboratory may be superficial, semi-buried or underground.

Maximum storage capacities shall be as laid down in Article 64 of the Regulation on pyrotechnic articles and cardboard.

Surface and semi-buried warehouses must comply with the distance regime set out in ITC No 9 of that Regulation, considering a risk division of 1.1.

Additionally, the requirements applicable to the warehouses established in the Regulation of pyrotechnic articles and cardboard will apply.

4. Signage

Independent of the signalling provided for in the relevant preventive planning, in the pyrotechnic product store, the hazard signal as defined in Article 22 of the Regulation on pyrotechnic articles and cardboard should be affixed to the access door.

In addition, the warehouses must have the identification plate set out in Article 84 of that Regulation.

All signs must be in accordance with the specifications set out in Royal Decree 485/1997 of 14 April on minimum requirements for safety and health signs at work.

5. Accredited staff responsible for carrying out the tests

5.1 The staff of the test laboratory responsible for conducting the tests shall be composed of at least:

(a) A test manager who shall have the meat of experts for the performance of pyrotechnic spectacles, in accordance with the provisions of ITC No 8 of the Regulation on pyrotechnic articles and cardboard.

(b) In addition, there may be apprentices, with their corresponding meat, as well as auxiliary staff, in accordance with the aforementioned ITC No 8.

5.2 In addition to the routes for obtaining the corresponding expert meats, as set out in the Technical Specification number 8.01, the relevant Industry and Energy Functional Area may directly issue the expert meat to those persons belonging to the laboratory who have a minimum experience of one year, with continuous stay in the company, in the testing and firing activities of pyrotechnic products.

5.3 The expert meats regulated in this paragraph shall be valid only for testing by test laboratories, not enabling for the performance of pyrotechnic spectacles. This derogation shall be clearly indicated in the meat dispatch.

6. Citizen security

6.1 The minimum public safety measures to be carried out by the warehouses of pyrotechnic articles which are authorised at the facilities of the test laboratories, provided that they do not exceed 50 kg of regulated matter, shall be as follows:

a) Physical resistance to the intrusion, sufficient in partitions, roof, doors and windows of the warehouse, in the judgment of the Central Intervention of Arms and Explosives of the Directorate General of the Civil Guard.

b) Presence detectors at the store premises.

c) Door-opening detectors in such premises.

d) Piezoelectric seismic detectors on walls and roof.

Such systems must be connected to a control unit and it is with a central alarm receiver (CRA) of a private security company, which in case of being the same as that of the installation of the laboratory in question, must appear in independent partition, where the activated elements, installed in the warehouse of pyrotechnics, are clearly identified.

There will be a person in charge of the authorized storage control, whose designation will be participated in the Central Intervention of Arms and Explosives. It will be responsible for the custody of the keys, as well as for the keeping of a book in which the entrances and exits of pyrotechnic articles will settle in the warehouse.

After the end of the working day, no pyrotechnic products must remain in the research or experimentation zone, and the excess must be deposited in the authorized warehouse.

6.2 The warehouses of pyrotechnic articles in the facilities of test laboratories with the capacity to store at most 50 kg of regulated matter must be approved by the competent authority, after approval of the citizens ' safety measures by the Central Intervention of Arms and Explosives. The application for authorisation of this type of storage shall be accompanied by a supporting document containing the following information:

a) General plane of the installation.

b) Plano detail of the pyrotechnics store.

c) Physical strength characteristics of the warehouse.

d) Installed electronic systems and location.

e) Responsible for storage.

6.3 For warehouses with a capacity of more than 50 kg of regulated matter, it shall apply as laid down in ITC No 11 of the Regulation on pyrotechnic articles and cardboard.

7. Minimum security requirements

In addition to the obligations on the prevention of occupational risks in accordance with the applicable legislation applicable, the following security provisions shall be complied with:

(a) Operating tests shall not be carried out in case of storm or wind speeds greater than 5 metres per second.

(b) Not to be fired in case of presence of unauthorized persons within the security zone.

(c) Laboratory workers shall use the appropriate personal protective equipment for the performance of their functions. Such equipment must be provided by the employer to the employees, who shall also ensure the effective use of the equipment when, by the nature of the work carried out, they are necessary.

(d) No fire shall be lit or any flammable or easily combustible materials stored inside or close to the laboratory buildings or premises, except for authorised processes.

e) No such dependencies may be accessed with objects liable to produce sparks or fire, unless justified.

f) In no case can any incompatible materials be stored or processed together. The incompatibility of storage is governed by the provisions of ITC No. 17 of the Regulation on pyrotechnic articles and cardboard.

g) In the pyrotechnic product store, such products shall be kept in their original packaging. It shall be prohibited to store any other combustible or readily flammable material liable to cause a fire inside the warehouse.

(h) Pass zones, exits and routes of movement must remain free of obstacles in such a way that it is possible to use them without difficulty at all times. To do this, they should be cleaned regularly and whenever necessary to keep them at all times under appropriate conditions.

i) Except during loading and unloading operations, the space placed before the warehouse door shall be kept clear.

j) After the end of the working day, the pyrotechnic material existing in the test and test area shall be deposited in the duly authorised warehouse.

8. Authorizations

8.1 Installation authorization.

Applications for approval of testing laboratory facilities shall be addressed to the corresponding Government Delegates, accompanied by a technical project, containing at least:

a) Descriptive memory, in detail:

1. Identification of the institution and work centre.

2. Description of the activity.

3. Description of the works.

4. Fire system.

5. Safety and health study or basic safety and health study, as appropriate.

6. Procedures for action in the field of safety and health at work for the activities of the laboratory.

7. Citizen security measures.

b) Planes of situation, location, facilities, electrical installation and fire protection.

c) Budget.

Any substantial modification of the facilities or activity of the test laboratory, which significantly affects the characteristics of the test laboratory, must be communicated in advance to the appropriate Industry and Energy Functional Area, for the purpose of determining whether or not to proceed with the submission of a new project.

The resolution of the authorization of the project will be dictated by the Government Delegate in the Autonomous Community, prior to the report of the provincial organ of the Functional Area of Industry and Energy, and of the Central Intervention of Arms and Explosives. Once the decision has been made, the applicant may initiate the necessary works, provided that he has obtained the municipal licenses by the corresponding City Council, in accordance with his specific legislation.

8.2 Authority of the activity.

The entry into operation of the test laboratory will require authorization from the corresponding Government Delegate, which will be granted prior to the favorable report of the Functional Area of Industry and Energy and Central Intervention of Arms and Explosives.

9. Control of test laboratories

The facilities of the test laboratories may be inspected by the Arms and Explosives Intervention of the Civil Guard that corresponds, in matters of citizen security, and of the Functional Area of Industry and Energy, for the other areas, in the territory of which they radiate those.

Similarly, if the Functional Area of Industry and Energy or the Central Intervention of Arms and Explosives of the Civil Guard will find in its supervisory performance a sound basis for the suspension, total or partial, of the activity, it will be able to obtain from the Delegate of the Government the revocation or the suspension of the authorization of operation granted.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 24

Inspection and Record Record Models

1. Object and scope of application

This ITC is intended to define the format of the minutes of inspections carried out by the Functional Areas of Industry and Energy of Government Delegations or Subdelegations, pursuant to Articles 34 and 90 of the Regulation on pyrotechnic articles and cardboard, as well as the records of movements of regulated materials, in accordance with Articles 40, 77, 103.1 and 134 and 136.1, 136.2 and 136.4 of that Regulation.

2. Inspection report

The minutes of the inspections of the workshops and deposits of finished products, carried out by the Functional Areas of Industry and Energy of the Delegations or Subdelegations of Government, shall conform to the model set out in Annex I of this ITC.

Workshops and deposits of finished products will have the obligation to keep copies of the records of inspections in the workplace for a period of ten years, at the disposal of the corresponding Functional Areas of Industry and Energy. These minutes shall conform to the register referred to in Articles 34 and 90 of the Regulation on pyrotechnic articles and cardboard.

In addition, the Functional Areas of Industry and Energy will carry a general record of inspections in which the entries that are made in the inspection records of the workshops and deposits referred to in this ITC will be transcribed.

3. Movement records

The records of movements of regulated materials to be carried out in the workshops and deposits of pyrotechnic articles and cardboard and in premises for sale to the public of pyrotechnic articles in accordance with Articles 40, 77 and 134 of the Regulation on pyrotechnic articles shall conform to the models set out in Annex II to this ITC.

The records of movements of regulated materials to be carried in the armerias in accordance with Articles 103.1 and 136.1, 136.2 and 136.4 of the pyrotechnic articles Regulation shall conform to the models set out in Annex III to this ITC.

The records of the movement of cards to be taken in the Clubs and Federations of Tyre, in accordance with the provisions of Article 136.3 of the Regulation on pyrotechnic articles, shall conform to the models set out in Annex III to this ITC.

According to the provisions of Articles 40, 77, 103.1 and 134 of the Regulation on pyrotechnic articles and cardboard, the records regulated in this paragraph may be carried out and completed by electronic, computer or telematic procedures or by any other method suitable for achieving the objectives pursued, putting it in the knowledge of the Intervention of Arms and Explosives of the Civil Guard that corresponds to the corresponding demarcation.

On a monthly basis, within the first five days, those responsible for the book-registration in the workshops and deposits of pyrotechnic articles and cardboard, in the premises of sale to the public of pyrotechnic articles and in the armerias, will have the obligation to present, these records, by any means, including the electronic means, for their supervision in the Intervention of Arms and Explosives of the Civil Guard that for demarcation corresponds. However, the seats in the record-books for each working day must be recorded at the end of the day.

ANNEX I

Act of inspections of workshops and pyrotechnics and cardboard tanks

ANNEX II

Book-record of movements of regulated materials to be carried out in the workshops and deposits of pyrotechnic articles and cardboard and in the premises of sale to the public of pyrotechnic articles

ANNEX III

Book-record of movements of regulated materials to be carried in the armerias, clubs and shooting federations

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 25

Expert and apprentice meat models

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 26

Statistical bulletin of accidents related to pyrotechnic articles

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 27

EU Conformity Statement (# xxxx) (1)

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 28

Default classification of pyrotechnic articles in categories F, T and P