I

The administrative, economic and technical transformations produced since 1998 in which the current Explosive Regulation was enacted, approved by Royal Decree 230/1998 of 16 February, required a comprehensive review of this Regulation in respect of pyrotechnic articles and cardboard.

Moreover, the European Parliament and the Council adopted, more than two years ago, Directive 2007 /23/EC of 23 May 2007 on the placing on the market of pyrotechnic articles, which is to be incorporated into the internal legal order by 4 January 2010.

Among the considerations taken into account for the publication of that Directive 2007 /23/EC, the reality appears that the laws, regulations and administrative provisions of the different Member States on the placing on the market of pyrotechnic articles were quite divergent, in particular with regard to aspects such as the safety and performance characteristics of the product.

These divergent provisions constituted a barrier to trade within the Community. The Directive transposing into law the regulation concerning the placing on the market of pyrotechnic articles, in order to ensure their free movement in the internal market, while ensuring a high level of protection of human health and of the safety and security of consumers, as well as of final professional users.

For all these reasons, the Regulation on pyrotechnic articles and cardboard is approved, which includes, among other provisions, those that aim to incorporate into our legal order of Directive 2007 /23/EC.

At the time of studying how the incorporation of this directive was to be developed in our legal order and in view of certain gaps and obsolescence in the current explosives regulation regarding the pyrotechnics sector, it was decided to separate in two different regulations both matters.

In this way, together with the current Explosives Regulation, which maintains its validity with regard to this matter, by this royal decree a Regulation of pyrotechnic articles and cardboard adapted to the Directive is approved and it regulates the manufacture and transport of fireworks according to the new technical realities of the sector.

This normative option finds its logical justification in the fact that the technical requirements in the field of safety of the different types of regulated materials (explosives of civil use, on the one hand, and pyrotechnic articles and cardboard, on the other) do not have the same degree of complexity and exigency.

On the other hand, in the elaboration of this standard, 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. 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 the exchange of information with the rest of the Public Administrations, with the different agents of 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 on pyrotechnic articles and cardboard, inserted after the final part of the royal decree), seven additional provisions, four transitional provisions, a single derogation provision and five final provisions.

As for the final part of the project, the additional provision first maintains the reference to the Valencian Community contained in the single additional provision of Royal Decree 230/1998 of 16 February. The second provision provides that the Ministry of Industry, Tourism and Trade will adapt the official catalogue of cardboard within three years to the provisions of the Regulation on pyrotechnic articles and cardboard. 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, Tourism and Trade. The fifth additional provision provides for the regulation of the dismissal of applications and the exhaustion of the administrative route in identical terms as set out in the final provision of Royal Decree 230/1998 of 16 February 1998. 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 occupational safety, the provisions of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks and its implementing legislation will be in place.

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 the Explosives Regulation, approved by Royal Decree 230/1998 of 16 February, 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.

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 fifth final provision, Royal Decree 230/1998 of 16 February 1998 approving the Regulation on explosives, in everything relating to pyrotechnics and cartchery (in particular the precepts listed), and any other standard of equal or lower rank which is contrary to the provisions of this royal decree, and in particular the Order of 20 October 1988 regulating the handling and use of pyrotechnic products in the performance of public works of fireworks, and the Order of 2 March 1989 supplementing and perfecting the rules governing the handling and use of pyrotechnic products in the performance of public works of fireworks.

The third and fourth paragraphs of Order INT/703/2006 of 3 March 2006, for which instructions for the acquisition of explosive material and metal cardboard by the Police Corps of the Autonomous Communities and Local Entities, are hereby repealed.

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 2007 /23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles is incorporated into Spanish law.

The third final provision authorizes the Ministry of Industry, Tourism and Commerce, 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.

The fourth final provision provides that within one year of the entry into force of this royal decree, the following shall be regulated by means of a complementary technical instruction approved by the Minister of the Presidency, issued on a proposal from the Ministers of Industry, Tourism and Trade and the Interior, the requirements for the activities of storage, handling, transport, and use of pyrotechnic products necessary for carrying out the tasks of analysis, testing, verification and experimentation carried out by the notified bodies, approved inspection bodies and accredited laboratories. Likewise, within one year of the entry into force of this royal decree, it shall be regulated, by means of additional technical instruction approved by the Minister of the Presidency, given on the proposal of the Ministers of Industry, Tourism and Commerce and the Interior, the format of the records that are regulated in Articles 34, 40, 77, 90, 134 and in the Supplementary Technical Instruction number 12 of the Regulation of pyrotechnic articles and cardboard. The Ministries of the Interior and Industry, Tourism and Commerce are also authorized to draw up additional technical instructions and technical specifications for the development and implementation of the proposed regulation, pursuant to the order of the Minister of the Presidency, dictated by the proposal of the Ministers of the Interior and Industry, Tourism and Commerce, with respect to the provisions governing partial aspects of pyrotechnic articles and cardboard, which are not expressly repealed or which do not oppose the regulation approved by this royal decree.

Finally, the fifth final provision determines the entry into force of the standard on the day following that of its publication in the "Official Gazette of the State", with the exceptions set out in paragraphs 2 and 3. In addition, the time limits referred to in paragraph 3 may be extended by order of the Minister of the Presidency, on a proposal from the Ministers for Industry, Tourism and Trade and the Interior, in duly justified cases.

Following the final part of the actual projected decree is inserted the Regulation of pyrotechnic articles and cardboard, consisting of 204 articles included in ten titles and which is completed with twenty-two complementary technical instructions and six Technical development specifications.

Title I of the Regulation, Preliminary Planning, is composed of four chapters. Chapter I sets out the general provisions of the Regulation, such as the subject matter and scope, the administrative powers and the definitions of the terms used in the text. In addition, the general obligations of manufacturers, importers and distributors of pyrotechnic articles are defined, in the same way as it appears in the Directive that is transposed, and the activity of the collaborating entities of the Administration is regulated.

In the case of pyrotechnic articles, in accordance with the provisions of the Directive in question, it is the manufacturer who is to ensure compliance with the provisions of the Regulation on pyrotechnic articles and cardboard, in particular with the essential safety requirements. If the manufacturer is not established in the territory of the European Union, the natural or legal person who imports the article should ensure that the manufacturer has fulfilled his obligations under the provisions of the Regulation, or assume all the obligations of the manufacturer.

In Chapter II of the same title, the categorization of pyrotechnic articles and the classification of cardboard is defined.

pyrotechnic articles should include fireworks, articles intended for use in theatres and pyrotechnic articles for technical purposes such as gas generators used in airbags or in the pretensioners of safety belts.

In the definitions and in the establishment of categories, the Regulation has retained the terminology of the Directive in its Spanish version, without prejudice to the fact that the interpretation to be given to those terms is in line with the interpretation of the other language versions of the same standard. Thus, references to pyrotechnic articles intended for "use in theatres" or "use on stage" should be understood as referring to different scenarios of scenic use, in outdoor or indoor settings, in film or television productions or the like.

In addition, in order to ensure adequate levels of protection, pyrotechnic articles should be classified by category mainly according to their level of danger as regards their use, their purposes or their sound level. Thus, pyrotechnic articles should comply with the provisions of the Regulation on pyrotechnic articles and cardboard regarding their cataloging and categorization when placed on the market.

The Directive which is transposed lays down essential safety requirements for pyrotechnic articles in order to protect consumers and prevent accidents. Where these essential safety requirements are met, Member States may not prohibit, restrict or impede the free movement of pyrotechnic articles, without prejudice to the provisions of the Regulation concerning authorisations for manufacturers, distributors and importers.

In order to facilitate the procedure to demonstrate compliance with essential safety requirements, harmonised standards for the design, manufacture and testing of articles are being developed. The preparation, adoption and amendment of harmonised European standards has been entrusted to the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunications Standards Institute (ETSI). These bodies are recognised as competent for the adoption of harmonised standards which are drawn up in accordance with the general guidelines for cooperation between them, the European Commission and the European Free Trade Association, in accordance with the procedure laid down in this respect. As regards pyrotechnic articles for vehicles, account should be taken, taking into account the relevant international ISO standards, of the international orientation of the European supply industry.

Thus, in line with the "new approach to technical harmonisation and standardisation", pyrotechnic articles manufactured in accordance with harmonised standards should be presumed to be in conformity with the essential safety requirements laid down in the Directive and the Regulation on pyrotechnic articles and cardboard.

Chapter III of this Title provides for the cataloging of pyrotechnic articles and cardboard as an administrative register and in Chapter IV the CE marking and possible exceptions to the marking are regulated.

III

In Title II, the general provisions for the manufacture of pyrotechnic articles or cardboard, the provisions common to both industries and the specific provisions of each of them are laid down.

It is established that the authorization for the establishment of a workshop of pyrotechnics or cardboard will be granted by the Delegation of the Government in the corresponding Autonomous Community, taking into account the competence of the State in the matter that is regulated.

The particularity of this title with regard to the Explosives Regulation, where appropriate, lies in the clear definition of the zones in the manufacturing facilities. On the one hand, the premises appear for the manufacture itself, with its possible auxiliary deposits, and, on the other hand, a deposit of finished products where the final production can be stored safely.

IV

In Title III, the general provisions for deposits of pyrotechnic articles or cardboard are laid down. As in the regulation of the workshops in Title II, provisions are common to both industries and specific provisions of each of them. It is established that the authorization for the establishment of a workshop of pyrotechnics or cardboard will be granted by the Delegation of the Government in the corresponding Autonomous Community.

The most innovative thing about this title, with respect to the previous regulation, is that companies that can perform shows with pyrotechnic articles, regulated in the Technical Instruction Supplementary Number 8 of the Regulation of pyrotechnic articles and cardboard, should be holders of preparation and assembly workshops and have an expert, at least, among their workers. A preparation and assembly workshop shall be made up of a container of finished products and must have at least one local assembly of activities attached to this tank, which must be approved in accordance with the provisions of the premises of the manufacturing workshops, taking into account the activities to be carried out inside.

In other words, three different types of workshops can be distinguished according to the activity carried out in them: on the one hand, the manufacturing workshops; on the other hand, the preparation and assembly workshops and, finally, the manufacturing workshops that are also or at the same time workshops for preparation and assembly.

Finally, this title also regulates the special deposits that must be taken into account in the development of industrial activities associated with pyrotechnics and cardboard.

V

Title IV lays down general provisions for the packaging and labelling of pyrotechnic articles or cardboard.

With regard to pyrotechnic articles, given the risk inherent in their use, it should be ensured that their labelling contains sufficient and adequate information for safe handling in order to protect human health and safety and the environment. Certain types of pyrotechnic articles should only be made available through authorised experts who have the necessary knowledge, skills and experience.

As regards pyrotechnic articles for vehicles, in relation to labelling, the current practice has been taken into account, as well as the fact that these articles are supplied exclusively to professional users.

Finally, in relation to the labelling of the cardboard packaging, the requirement of the label with defined format has been removed. Only the data defined in the Supplementary Technical Instruction No 6 of the Regulation on pyrotechnic articles and cardboard should be resented in the packaging, thus favouring the competitiveness of the companies.

VI

In Titles V, VI and VII, the general provisions for the sale and making available of pyrotechnic articles and cardboard, as well as for the control of products on the market and their use, are laid down.

The Directive which is transposed lays down minimum ages for the sale and making available of the pyrotechnic devices of categories 1, 2 and 3. However, in view of the fact that the sale and making available of these devices is closely linked to the customs and cultural traditions of the countries and that the Directive itself provides that these ages may be reduced or increased, it is authorised to be the Autonomous Communities which may increase or decrease the ages laid down in Article 121 of the Regulation and in the conditions set out in the additional sixth provision of this royal decree.

This title also establishes the provisions to be complied with by establishments selling pyrotechnic articles, which are developed in a more exhaustive way in the Supplementary Technical Instruction number 17 of the Regulation of pyrotechnic articles and cardboard.

It is essential that, in order to be placed on the market, pyrotechnic articles are provided with a CE marking indicating their conformity with the provisions of the Regulation, except in general for the devices manufactured by a manufacturer for their own use.

In line with the new approach to technical harmonisation and standardisation, a safeguard clause procedure has been foreseen which allows the conformity of a pyrotechnic article to be questioned or to identify deficiencies. Member States may, in this regard, take appropriate measures to be able to restrict the placing on the market of goods bearing CE marking or may withdraw them from the market if such products endanger the health and safety of consumers when used for the intended purpose.

VII

Title VIII lays down the general provisions for the import, export, transit and transfer of the regulated materials, with few modifications in respect of the provisions of the previous regulations.

In Title IX, of transport, the general provisions complement the provisions of the regulations in force for each means of transport, covered by international conventions and agreements and including the recommendations of the United Nations concerning the transport of dangerous goods.

Finally, Title X establishes the sanctioning regime applicable to infringements of the provisions of the Regulation.

The operative part of the Regulation is supplemented by 22 Additional Technical Instructions and six Technical Development Specifications.

VIII

It is essential to provide for a transitional period allowing the progressive adaptation of the sector to the provisions of this standard. Manufacturers and importers need time to exercise the rights that they enjoyed under the rules in force before their entry into force. For example, to sell their stocks of manufactured products. In addition, the specific transitional periods foreseen for their implementation offer additional time for the adoption of harmonised standards and ensure the rapid implementation of this standard with a view to improving consumer protection.

IX

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.

The present royal decree has been favorably informed by the Permanent Inter-Ministerial Commission of Arms and Explosives and by the Commission for the Coordination of the Transport of Dangerous Goods, and is approved under 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 6, 7 and other precepts of the Organic Law 1/1992, of 21 February, on the Protection of Citizen Security, as in Law 21/1992, of 16 July, of Industry, in which it refers to industrial safety.

In its virtue, on the proposal of the Ministers of Industry, Tourism and Commerce and the Interior, with the prior approval of the Minister of the Presidency, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of May 7, 2010,

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.

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. Adequacy of the official catalogue of cardboard.

The Ministry of Industry, Tourism and Trade will adapt the official catalogue of cardboard within 3 years from the entry into force of this royal decree to the provisions of the Regulation of pyrotechnic articles and cardboard.

Additional provision third. Data communications.

The Government Delegations will communicate to the General Directorate of Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce, 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, Tourism and Commerce, 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. Where applications for authorisations, permits and licences governed by the Regulation on pyrotechnic articles and paperboard are not resolved within three months from the date of entry into the Register of the body responsible for processing, they may be deemed to be rejected, without prejudice to the obligation of the competent authorities to expressly resolve in any case.

2. Resolutions that fall under the procedures for granting, modifying and extinguishing authorizations, permits and licenses will put an end to the administrative route.

Additional provision sixth. Powers of the Autonomous Communities in the field of public performances and the promotion of culture.

The Autonomous Communities, in the use of their competences on culture and public spectacles, will be able to reduce the minimum ages for the use of the fireworks of categories 1 and 2 determined in article 141, only in respect to specific places and times and for those authorized artists that will be used during the development of their ingrained customs. The following four conditions must also be met:

(a) The age of users of fireworks in category 1 shall be at least 8 years and the age of users of fireworks in category 2 shall be at least 10 years.

(b) that users aged 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.

The eventual reduction of the minimum age shall be without prejudice to the provisions of Article 121 concerning the minimum age allowed for the sale and making available of pyrotechnic articles.

Additional provision seventh. Prevention of occupational risks.

In terms of job security, the provisions of Law 31/1995 of 8 November, the Prevention of Occupational Risks and its development regulations will be in place.

First transient disposition. The validity of the cataloging authorizations.

The cataloging authorizations granted before the corresponding date referred to in paragraph 2 of the fifth final provision shall continue to be valid until their date of expiry. In the event that it is required to renew it before the time limits specified in that paragraph, it shall remain in force for a maximum period of 5 years after the entry into force of this royal decree. However, national authorisations for pyrotechnic articles for vehicles granted before the relevant date referred to in paragraph 2 of the fifth final provision shall continue to be valid until their expiry.

Current Catalogations

date resolutions to		Resolutions whose required renewal is requested before
4, 2010	June 4, 2013	July 4, 2010	June 4, 2013
Validity: Up to maturity		Validity: Maximum 5 years

Second transient disposition. Deadlines for adaptation.

1. Without prejudice to other provisions of a more specific nature, the situations created before the entry into force of this standard shall be adapted to the provisions of the following deadlines, which have been taken into account since the entry into force of this rule, after which their requirements shall apply:

a) Ten years, as regards the regulations on design and placement in the facilities of workshops, warehouses and sales establishments.

b) Five years, as regards the regulations on the treatment of products intended for disposal or inertization, electrical installations and equipment, as well as labelling, packaging or packaging according to the previous legislation.

c) Three years, for domestic companies, as regards the regulations on shows made by experts.

d) One year, as regards the regulations on the prevention of serious accidents and industrial safety provisions, as well as other conditions not mentioned in the previous points.

e) Eighteen months, as regards the regulations on festive demonstrations.

2. By way of derogation from the above paragraph, any substantial changes to the premises of workshops, warehouses and sales establishments shall be carried out in accordance with the provisions of these amendments in this royal decree from their date of 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 the Explosives Regulation, approved by Royal Decree 230/1998, of February 16, and other regulatory provisions.

Transitional disposition fourth. Adaptation of the facilities to the new legislation.

By way of derogation from the first, second and third transitional provisions and in the fifth final provision, the operators of the facilities may comply with the requirements laid down in this royal decree from the date of its entry into force.

Single repeal provision. Regulatory repeal.

1. Upon the entry into force of this royal decree, it is repealed, without prejudice to its application in the terms provided for in the first, second and third transitional provisions and in the fifth final provision of this royal decree, Royal Decree 230/1998 of 16 February, approving the Regulation of explosives, in all matters relating to pyrotechnics and cardboard.

In particular, and for the purposes of the preceding paragraph, Articles 10.1.b), 10.1.d), 10.1.e), 17, 18, 19, 20, 21, 22, 23, 24, 25.3, 25.4, Title III (Articles 106 to 134), Articles 187, 188, 189, 201, 212, 213, 231, 232, 233, 236, 237, 239.3, 241.3, 241.4 and the following Technical Instructions to the Explosives Regulation, approved by Royal Decree 230/1998 of 16 February 1998, of 16 February:

(a) Additional technical instruction number 7: ITC 7: Cataloging of explosive or pyrotechnic raw materials.

b) Additional technical instruction number 8: ITC 8: Cataloging of fireworks.

c) Supplementary technical instruction number 14: ITC 14: Rules for the reloading of ammunition by individuals.

(d) Additional technical instruction number 19: ITC 19: Rules on the sale and sale of fireworks of classes I, II and III.

(e) Additional technical instruction number 23: ITC 23: Classification of pyrotechnic devices of Classes I, II and III.

2. The third and fourth paragraphs of Order INT/703/2006 of 3 March 2006, for which instructions for the acquisition of explosive material and metal cardboard by the Police Corps of the Autonomous Communities and Local Entities are issued, are hereby repealed.

3. The following rules are repealed at the entry into force of this royal decree:

(a) Order of 20 October 1988 regulating the handling and use of pyrotechnic products in the performance of public fireworks performances.

(b) Order of 2 March 1989 to complete and improve the rules governing the handling and use of pyrotechnic products in the performance of public fireworks.

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.

By this royal decree, 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 is incorporated into Spanish law.

Final disposition third. Enablement for updating technical content.

By virtue of the order of the Minister of the Presidency, dictated to the proposal of the Ministers of Industry, Tourism and Commerce and of the Interior will be updated the technical contents of 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. Specific ratings.

1. Within one year of the date of entry into force of this royal decree, the following shall be regulated by means of a supplementary technical instruction approved under the order of the Minister of the Presidency, given on a proposal by the Ministers for Industry, Tourism and Trade and the Interior, the requirements for the storage, handling, transport and use of pyrotechnic products necessary for carrying out the tasks of analysis, testing, checking and experimentation carried out by the notified bodies, control bodies authorised laboratories and accredited laboratories.

2. Within one year of the entry into force of this royal decree, it shall be regulated, by means of additional technical instruction approved by the Minister of the Presidency, given on a proposal by the Ministers for Industry, Tourism and Trade and the Interior, the format of the records referred to in Articles 34, 40, 77, 90, 134 and the Supplementary Technical Instruction number 12 of the Regulation on pyrotechnic articles and cardboard.

3. With regard to the provisions governing partial aspects of pyrotechnic articles and cardboard, which are not expressly repealed or which do not oppose the Regulation approved by this royal decree, pursuant to the order of the Minister of the Presidency, dictated by the proposal of the Ministers of Industry, Tourism and Commerce and the Interior, the elaboration and approval of the Technical Complementary Instructions or Technical Specifications that adapt them to the provisions of that Regulation or, where appropriate, the rework and the rights of the latter will be carried out.

Final disposition fifth. Entry into force.

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

2. By way of derogation from the above paragraph, the provisions relating to the placing on the market of pyrotechnic articles shall enter into force from 4 July 2010 for the fireworks of categories 1, 2 and 3 and from 4 July 2013 for other pyrotechnic articles (P1 and P2), pyrotechnics of category 4 and pyrotechnic articles intended for use in theatres (T1 and T2).

Plazos for CE (new and expired products)

Date

Categories
	4 July 2010	1, 2, and 3
July 2013	4, T1, T2, P1, and

3. With regard to the following Technical Instructions to the Regulation of pyrotechnic articles and cardboard, their entry into force shall be due to the expiration of the following periods, computed from the entry into force of this royal decree, after which their prescriptions shall be fully applied:

(a) Ten years, the Technical Instructions Supplementary 9 and 17 of the Regulation on pyrotechnic articles and cardboard.

(b) Five years, the Technical Instructions Supplementary 12 and 13 of that Regulation.

c) Three years, Supplementary Technical Instruction No 8 and Technical Specifications 8.01, 8.02, 8.03 and 8.04 of that Regulation.

(d) Two years, the Supplementary Technical Instruction number 6 of that Regulation.

e) One year, the Technical Instructions complementary numbers 10, 14, 19, 20 and 21 of that Regulation.

f) Eighteen months, the Supplementary Technical Instruction number 18 of the said Regulation.

Additional Technical Instructions Nos 2, 3, 4, 5 and 7 of the Regulation on pyrotechnic articles and paperboard shall enter into force on 4 July 2010 for pyrotechnic articles of categories 1, 2 and 3 and 4 July 2013 for categories 4, T1, T2, P1 and P2.

The Technical Instructions Nos 1, 15 and 22 and Technical Specifications 4.01 and 15.01 of the Regulation on pyrotechnic articles and cardboard will enter into force from the day following the publication of this royal decree in the "Official Gazette of the State".

The supplementary technical instruction number 11 of the Regulation of pyrotechnic articles and cardboard will be applicable from the entry into force of the present royal decree for the new installations and for those already existing in which any substantial modification is made.

4. The time limits referred to in the previous paragraph 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, Tourism and Trade and the Interior, in duly justified cases.

Given in Madrid, on May 7, 2010.

JOHN CARLOS R.

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

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

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. General obligations of the manufacturer, importer and distributor of pyrotechnic articles.

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.

Section 2. Carthuery Cataloging.

Article 15. Cataloguing of cardboard.

Article 16. Requests for cataloging of cardboard.

Article 17. Method for cataloguing the card.

Section 3. 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 and the cataloging of cardboard.

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. Request for a workshop authorization.

Article 26. Workshop authorisations.

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.

Article 36. Cessation of activity.

Article 37. Inspections in the field of public safety.

Article 38. Expiry of the authorisations.

Article 39. Invalidity of the permits.

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.

Section 2. Safety provisions in the workshops.

Article 43. Technical address.

Article 44. Industrial safety.

Article 45. Safety and occupational health.

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. Invalidity of the permits.

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 occupational health.

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.

Article 92. Cessation of activity.

Section 3. Provisions on Citizen Security.

Article 93. Closing and monitoring of deposits.

Article 94. Input and output controls.

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 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 articles other than pyrotechnic articles for vehicles.

Article 113. Guarantee of labelling.

Article 114. Data to be included in the article.

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 and making available.

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 and making available.

Article 120. Minimum unit of sale and making available.

Article 121. Minimum ages for the sale and making available of pyrotechnic articles.

Article 122. Sale and making available of pyrotechnic articles to experts in categories 4, P2 and T2.

Chapter II. Sale and making available to the public of pyrotechnic articles and cardboard.

Article 123. Responsible for the sale and making available to the public.

Article 124. Persons authorised for the sale and making available 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 sale.

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

Article 127. Sale and making available to the public of pyrotechnic articles.

Article 128. Permanent establishments.

Article 129. Temporary establishments.

Article 130. Applications for authorisation from permanent establishments for sale and making available to the public for pyrotechnic articles.

Article 131. Applications for authorisation for temporary establishments for the sale and making available to the public of pyrotechnic articles.

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

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

Article 134. Pyrotechnics book.

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. Products involving serious risks.

Chapter III. Cardboard.

Article 140. Product safety.

Title VII. Use of pyrotechnic articles.

Article 141. Pyrotechnic articles of categories 1, 2, 3, T1, P1 and marina.

Article 142. Pyrotechnic articles of categories 4, 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.

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. Transfers without authorisation.

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. 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.

Supplementary Technical Instruction Number 1, ITC 1: Articles considered pyrotechnic and ammunition in the relevant United Nations Recommendations or requiring specification as to whether they are pyrotechnic articles or explosives.

Supplementary technical instruction number 2, ITC 2: Essential safety requirements for pyrotechnic devices, other pyrotechnic articles and ignition devices.

Supplementary technical instruction number 3, ITC 3: Compliance assessment procedures.

Supplementary technical instruction number 4, ITC 4: Catalogation of pyrotechnic articles.

Technical Specification 4.01, E. T. 4.01: Minimum criteria for quality assurance and management.

Supplementary technical instruction number 5, ITC 5: Requirements for making available and selling pyrotechnic articles of categories 2, 3, P1, P2, T1 and T2.

Supplementary technical instruction number 6, ITC 6: Identification on packaging sales of cardboard.

Supplementary technical instruction number 7, ITC 7: Marking of compliance.

Supplementary Technical Instruction No 8, ITC 8: Spectacles with pyrotechnic artifices performed by experts.

Technical Specification 8.01, E. T. 8.01: Meat of expert and apprentice meat for the performance of pyrotechnic spectacles.

Technical Specification 8.02, E. T. 8.02: Expert meat for the use of pyrotechnic articles of category T2.

Technical Specification 8.03, E. T. 8.03: Certification of expert for the use of pyrotechnic articles of category P2.

Technical Specification 8.04, E. T. 8.04: Requirements of the external entities to develop training activities for obtaining the meat of expert and apprentice for the performance of pyrotechnic spectacles.

Additional technical instruction number 9, ITC 9: Design and placement standards for workshops and pyrotechnics.

Supplementary technical instruction number 10, ITC 10: Prevention of serious accidents.

Supplementary technical instruction number 11, ITC 11: Services for the immediate protection of workshops, tanks and transport of metal cardboard of 5,000 units and of 12,000 for caliber 22, as well as for explosive cut-off with destination to manufacture pyrotechnic articles.

Supplementary technical instruction number 12, ITC 12: Treatment of products intended for disposal or inertization.

Supplementary technical instruction number 13, ITC 13: Electrical installations and equipment in classified areas with the presence of regulated matter.

Supplementary technical instruction number 14, ITC 14: Safety and health provisions for the protection of workers from the risk of explosion.

Supplementary technical instruction number 15, ITC 15: Rules for the reloading of ammunition by individuals.

Technical Specification 15.01, E. T. 15.01: Recognition of the safety fitness of the machines for the reloading of cartridges by private individuals.

Supplementary technical instruction number 16, ITC 16: Compatibility of storage and transport of pyrotechnic products.

Supplementary technical instruction number 17, ITC 17: Sale to the public of pyrotechnic articles.

Supplementary technical instruction number 18, ITC 18: Religious, cultural and traditional festive manifestations.

Supplementary technical instruction number 19, ITC 19: Transport by rail.

Supplementary technical instruction number 20, ITC 20: Safety standards for loading and unloading at ports.

Supplementary technical instruction number 21, ITC 21: Minimum criteria to be applied with respect to the bodies responsible for conformity assessment.

Supplementary technical instruction number 22, ITC 22: Signal of danger of presence of pyrotechnic articles and cardboard in the workshops and warehouses.

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) To establish the regulation of pyrotechnic articles and cardboard, in the framework of Articles 6 and 7 of the Organic Law 1/1992, of 21 February, on the Protection of Citizen Security, in the exercise of the jurisdiction granted to it by Article 149.1 (26) 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 scope of this Regulation, and it will apply within the framework established in the Organic Law 1/1992, of 21 February, on the 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) To incorporate into the Spanish 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, laying down the rules designed to achieve the free movement of pyrotechnic articles on the internal market, while ensuring a high level of protection of human health and public safety and consumer protection and safety, and taking into account the relevant aspects of environmental protection.

2. The scope of this Regulation is the cardboard and pyrotechnic articles as well as the 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 shall also apply to articles of use in the navy, with the exception of the provisions of Royal Decree 809/1999 of 14 May 1999 governing the requirements to be met by marine equipment intended to be shipped on ships, in application of Directive 96 /98/EC, as amended by Directive 98 /85/EC, with regard to 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 respect of waste and transport of waste contained in Law 10/1998 of 21 April of Waste, in accordance with the provisions of Article 2.2 thereof, as well as in Law 11/1997 of 24 April of the Packaging and Waste of Packaging and its implementing rules.

5. They are 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 intended for non-commercial use by the Armed Forces and the Security Forces and Corps. However, Article 136 of this Regulation shall apply to the Police Corps under the responsibility of the Local Corporations, in respect of the purchase of cardboard.

(d) pyrotechnic articles intended for non-commercial use by fire bodies.

e) The percussion pistons specifically designed for toys falling within the scope of Royal Decree 880/1990 of 29 June 1990 laying down the safety standards for toys and subsequent modifications.

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

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

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, Tourism and Trade, through the Directorate General of Energy Policy and Mines, with exclusive and general competencies in the authorizations of the activities attributed in this Regulation, as well as in the inspection in matters of industrial and industrial safety, either by its own means or by the Areas and Dependencies of Industry and Energy of the Delegations and Subdelegations of the Government, respectively.

b) The Ministry of the Interior, through the Directorate-General of the Police and 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 Organic Law 1/1992, of 21 February, on the Protection of Citizen Security, as well as in all the functions derived from the legislation in force on these matters, especially in the manufacture, storage, circulation, distribution, trade, transport and holding of such materials.

The Ministry of the Interior, through the Directorate General of Civil Protection and Emergencies, in compliance with the civil protection functions established by article 16.2 of Royal Decree 1254/1999, of July 16, approving measures to control the risks inherent to serious accidents involving dangerous substances.

(c) The Ministry of the Presidency, 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.

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

e) 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.

f) The Ministry of Health and Social Policy, through the Directorate-General for Consumer Affairs, within the framework of its competences with regard to the general protection of consumers.

g) The Ministries of Economy and Finance and Development and the Environment, and the Rural and Marine Environment, in the activities regulated in this Regulation that are of their competence.

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

3. The different 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 of the above is without prejudice to the development of the necessary provisions by the Autonomous and Local Authorities, within the scope of their powers, 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 a liability insurance, is in possession of an authorisation for the manufacture, storage, transport, sale, 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 tanks shall be warned, at all times and place, in a perfectly visible manner, by means of the signal of the regulatory danger defined in the Supplementary Technical Instruction number 22 of the Regulation of pyrotechnic articles and cardboard.

3. The holders of authorisations for the exercise of the activities covered by this Regulation shall 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 relevant provisions or the same authorisations.

7. Failure to comply with the conditions laid down in the authorisations shall give rise to the corresponding sanctioning procedure, which shall, where appropriate, lead to a favourable report by the Ministry of Industry, Tourism and Trade, the temporary suspension of the authorisations, without prejudice to the sanction which may be appropriate.

Article 4. Definitions.

1. 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 and which are not included in the scope of the explosives Regulation. Without prejudice to the above, it shall also be considered as regulated in the pyrotechnics the black powder manufactured in the workshops for its own use as raw material.

Regulated matter consists of:

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

b) pyrotechnic material intended to produce the non-detonating effects in pyrotechnic articles, as well as the black powder manufactured in the workshop for its own use.

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

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 as listed in Supplementary Technical Instruction No 1 to this Regulation shall be considered 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 relating to the placing on the market and the control of explosives for civil purposes.

pyrotechnic articles may only be 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. Fireworks: pyrotechnic article for recreational or entertainment purposes.

5. 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.

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

7. Manufacturer: a natural or legal person who designs or manufactures a product covered by this Regulation or who is responsible for the design and manufacture of the product with a view to placing on the market, under his own name or trademark.

8. Importer: any natural or legal person established in the European Community who, in the course of his business, makes a product of a third country for the first time available on the Community market.

9. Distributor: any natural or legal person integrated in the distribution chain who, in the course of its business, makes a product available on the market.

10. Expert: person authorised to manipulate or use category 4 pyrotechnics, pyrotechnic articles of category T2 intended for use in theatres or other pyrotechnic articles of category P2, as defined in Article 8 of this Regulation.

11. Placing on the market: first available on the Community market for an individual product, with a view to its distribution or use prior to payment or free of charge. Pyrotechnics made by the manufacturer for its own use and whose use has been authorised shall not be considered to be placed on the market.

12. Harmonised standard: a European standard adopted by a European standardisation body on a mandate from the Commission in accordance with the procedures laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, the implementation of which is not compulsory.

13. 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 at half-load, shall have the same consideration, for the purposes of this Regulation, as the type of cartridge which may be manufactured with them.

14. 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 or 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.

15. 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 the effect, and to remove the obstacles that prevent it, avoiding any criminal wrongdoing 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.

16. Notified body: certification body, inspection or testing body designated by the notifying authority of a Member State to carry out the conformity assessment of products in the field of application of a new approach directive. The minimum criteria to be met by the bodies responsible for the conformity assessment of pyrotechnic products and the conditions for the notification of these bodies are laid down in Supplementary Technical Instruction No 21.

17. 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 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 norms of the matter.

Article 5. General obligations of the manufacturer, importer and distributor of pyrotechnic articles.

1. Manufacturers shall ensure that pyrotechnic articles placed on the market comply with the essential safety requirements laid down in Supplementary Technical Instruction No 2 to this Regulation.

2. If the manufacturer is not established in the European Community, the importer of the pyrotechnic articles shall ensure that the manufacturer has complied with the obligations laid down for this Regulation or on the same.

3. The importer may be held liable, in relation to those obligations, by the competent Community authorities and bodies.

4. Distributors shall carry out the necessary care in accordance with the provisions of this Regulation. In particular, they shall verify that the pyrotechnic article bears the required mark or marks of conformity and is accompanied by the required documents.

5. Manufacturers of pyrotechnic articles shall:

(a) Submit the pyrotechnic article to the notified body, which shall carry out the conformity assessment in accordance with the supplementary technical instruction number 3 of this Regulation concerning conformity assessment procedures, affix the CE marking and label the pyrotechnic article in accordance with Chapter II of Title IV of this Regulation.

b) Take liability costs for defective products that cause damage to private individuals and private property.

6. If there is sufficient reason to believe that a pyrotechnic article poses a serious risk to the health or safety of persons in the European Community, the Ministry of Industry, Tourism and Trade shall inform the Commission and the Member States thereof and the appropriate assessment shall be carried out. The Commission and the Member States shall be informed of the background and results of that assessment.

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, in order to act within the scope of this Regulation, shall be governed, as not specifically regulated in this article, by the provisions of 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 28 December.

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 Infrastructure for Quality and Industrial Safety Regulation. 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 shall forward annually to the Directorate General for Energy Policy and Mines of the Ministry of Industry, Tourism and Trade 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 Supplementary Technical Instruction No 3 to this Regulation.

2. For the assessment of the conformity of pyrotechnic articles covered by Directive 2007 /23/EC, the manufacturer shall follow one of the following procedures:

(a) The EC type-examination (module B) as set out in Supplementary Technical Instruction No 3 to this Regulation and, at the choice of the manufacturer:

i. The conformity with the type (module C) regulated in Supplementary Technical Instruction number 3.

ii. The procedure relating to the quality assurance of production (module D) regulated in Supplementary Technical Instruction No 3.

iii. The procedure relating to the quality assurance of the product (module E) regulated in Supplementary Technical Instruction No 3.

b) The verification of the unit (module G) regulated in Supplementary Technical Instruction number 3.

(c) The procedure relating to the overall quality assurance of the product (module H), as set out in Supplementary Technical Instruction No 3, to the extent that it is a pyrotechnics of category 4.

3. The categorization will be as follows:

a) Fireworks:

i. Category 1: 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 2: fireworks for low-hazard and low noise levels intended for use in the open air in enclosed areas.

iii. Category 3: fireworks for medium-hazard pyrotechnics intended for use in the open air in areas with a high surface area and whose noise level is not harmful to human health.

iv. Category 4: 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.

(d) pyrotechnic articles for use in the navy:

i. Fumigating signals.

ii. Luminous signals.

iii. Sound signals.

iv. Rocket launchers, etc.

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 safety devices (intended belts, anti-flame devices, etc.).

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 devices not conceptualized as weapons in the Arms Regulations.

d) To mount on security devices.

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

The drive cartridges and those of a foeking, the load of which exceeds 0,3 grams, shall be treated as a non-metallic, holding, storage and use for the movement, holding, storage and use.

CHAPTER III

cataloging

Article 10. Catalogue.

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

2. Cataloguing will be carried out in the books of pyrotechnic articles and cardboard, with the necessary indexes and files. The record books will take the form of databases 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, Tourism and Commerce will publish the catalogue of pyrotechnic articles and cardboard, which will function as a public record of the listing of the products listed and, therefore, authorized for storage, placing on the market and distribution at Community level, as well as those authorized for sale at national level, in accordance with the provisions of the Supplementary Technical Instruction number 5 of this Regulation.

2. The Ministry of Industry, Tourism and Trade will provide the Ministry of Defense and the Directorate General of Police and Civil Guard with detailed relationship of the card and the scheduled pyrotechnic articles.

Section 1. Catalogation of pyrotechnic articles

Article 12. Cataloguing of pyrotechnic articles.

1. Prior to their importation, transfer, storage, distribution, making available and sale, pyrotechnic articles shall be classified 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 Supplementary Technical Instruction No 3, and which comply with the applicable safety requirements, as provided for in Supplementary Technical Instruction No 2 of this Regulation.

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, Tourism and Commerce, accompanying the provisions of the Supplementary Technical Instruction number 4 and justifying that the article does not belong to the families arranged in the Supplementary Technical Instruction number 5 of this Regulation.

Article 14. Process for the cataloging of pyrotechnic articles.

The Directorate-General for Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce, after analyzing the application and the submitted documentation, will proceed, if necessary, to incorporate the corresponding pyrotechnic article into the catalogue, thus notifying the person concerned by resolution and in accordance with the provisions of the Supplementary Technical Instruction number 4 of this Regulation.

Section 2. Carthuery Cataloging

Article 15. Cataloguing of cardboard.

1. Prior to its importation, transfer, storage, distribution, making available and sale, the board must be catalogued in accordance with the provisions of this Chapter.

2. The Directorate General for Energy Policy and Mines of the Ministry of Industry, Tourism and Trade will be responsible for cataloging the cardboard, carrying out with such object the precise verifications to check the compliance of the controls provided in the international conventions signed by Spain.

3. The report of the Ministry of Defence will be required in the cataloguing files. If the Ministry of Industry, Tourism and Trade rules that it is a war ammunition, the Ministry of Industry, Tourism and Commerce will be able to submit it to the Ministry of Defense without further processing, communicating it to the applicant.

Article 16. Requests for cataloging of cardboard.

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, Tourism and Commerce, accompanying, at least:

a) Identification of the applicant.

(b) Technical memory of the product whose cataloging is requested, including description, characteristics and properties, with sufficient information to enable its classification in accordance with Articles 7 and 9 of this Regulation.

(c) Safety instructions for handling and use which are to appear on the packaging or inside at the time of placing on the market.

d) Certificate of the official test bank.

Article 17. Method for cataloguing the card.

1. The General Directorate of Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce, after analyzing the application and the submitted documentation, will proceed, if necessary, to incorporate the corresponding product whose cataloging is requested to the catalog, thus notifying the interested party by resolution.

2. The content of the resolution shall specify at least the following information:

a) Order number in the catalog.

b) Cartridge identification: Brand, model, caliber.

c) UN number, risk division and compatibility group.

d) Manufacturer or importer.

3. Any modification of a cartridge, which affects the content of the cataloging resolution, with the exception of the extension of possible trade names, must be communicated to the Ministry of Industry, Tourism and Trade for the purpose of determining whether or not to proceed with a new cataloguing.

Section 3. 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 supplementary technical instruction number 4 of this Regulation.

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, sold 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 them on 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 set out in Supplementary Technical Instruction No 7 to this Regulation, 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 does not conform but is provided with the CE marking, the Directorate-General for Energy Policy and Mines shall take appropriate measures against whoever is responsible for affixing the marking and shall inform the European Commission, through the appropriate course, of this.

Section 2. Section Exceptions to CE marking and the cataloging

cardboard

Article 20. Pyrotechnic articles with a special purpose.

1. In the case of religious, cultural and traditional holidays, fireworks produced by the manufacturer for their own use and which are authorised for this purpose cannot be regarded as being placed on the market 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 have obtained the CE marking according to the manufacturer's application, when established in the Community, or the importer, shall be clearly stated in them.

2. The movement and use of pyrotechnic articles manufactured for the purpose of research, development and experimentation, which do not have CE marking, is free and shall not be subject to any kind of restriction provided that they are authorised for use in accordance with Article 21 and provided that it is clearly stated, by a visible label, that they do not conform, 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, Tourism and Trade, after a favorable report from the Directorate General of the Police and the Civil Guard, Central Intervention of Arms and Explosives and, where appropriate, from the Ministry of Defense, will be able to grant authorizations to be able to:

1. Import, transfer, manufacture, store, transport and use pyrotechnic articles and cardboard on an experimental basis in terms of quantity and location for subsequent obtaining of CE marking or cataloging and placing on the market, as well as for research, development and experimentation purposes.

2. Import, transfer, manufacture, store and transport of non-CE marked pyrotechnic articles and uncatalogued cardboard, on a temporary basis and for transit or export purposes.

3. Import, transfer, store and transport unmarked pyrotechnic articles EC and cardboard without cataloging, and for the purpose of disposal or inertisation.

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

In such cases, the organiser of the event or a Community undertaking must act as an adviser to the non-Community undertaking in order to comply with the provisions of this Regulation.

5. Manufacture, store and transport pyrotechnic articles for use by consumers recognised as experts, in accordance with the provisions of Supplementary Technical Instruction No 18 of this Regulation.

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 Police and the Civil Guard, Central Arms Intervention and Explosives.

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 be carried out only 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.

In the auxiliary warehouse, the semi-finished products will be stored both in their own use and to be marketed between the owners of the workshops.

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 will also have the consideration of a preparation and assembly workshop and must have a local or several premises separated from the manufacturing premises as provided in the Supplementary Technical Instruction Number 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 the Supplementary Technical Instruction No 9, in addition to a deposit of finished products in accordance with the provisions of Article 42.3 of this Regulation.

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 Area of Industry and Energy and the Central Intervention of Arms and Explosives, it will be mandatory, without prejudice to the requirements of other provisions, the opening of a prior period of public information.

Article 23. Installations.

The installations that integrate the workshop must be located within a fenced enclosure whose location must meet the distances determined in the complementary technical instruction 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, Tourism and Trade in the administrative files for the authorization of works and services in areas covered by the distances of site indicated in the Supplementary Technical Instruction number 9 will be mandatory.

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. Request for a workshop 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:

(a) Provisions adopted for compliance with this Regulation, with particular reference to the provisions referred to in the Additional Technical Instructions Nos 9, 13 and 14.

(b) In the case of a manufacturing workshop, articles or cardboard to be manufactured, manufacturing means to be used, storage capacity and estimated production capacity linked to this storage so that, at all times, the production is properly stored.

c) Constructive features of the facilities that make up the workshop.

(d) Documentation on the prevention of serious accidents as provided for in Supplementary Technical Instruction No 10, if applicable.

e) Draft of the Citizen Security Plan as provided for in the Supplementary Technical Instruction number 11.

(f) Place, facilities and procedures for disposal or inertization as provided for in Supplementary Technical Instruction No 12, except for workshops.

g) Deadline for 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.

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

Article 26. Workshop authorisations.

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 and regulated materials the preparation of which is authorised, as well as the stock limit to be stored.

(d) Provision of semi-finished pyrotechnic articles and regulated materials which, where appropriate, may have or may be stored.

e) Specific conditions to which the authorization is submitted.

(f) Deadline for implementation of the project, indicating the date from the resolution, where the facilities are to be finalised.

g) Plan for the prevention of serious accidents as provided for in Supplementary Technical Instruction No 10.

(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) Specific authorisation of the auxiliary warehouse of the workshop, in the case of manufacturing workshops, and of the finished product repository, with the maximum permitted storage capacities, per warehouse for each alternative risk division.

The authorization will detail the maximum capacity of each warehouse for each of the risk divisions, assuming that the entire storage capacity corresponds to one of them. In addition, the maximum capacity of each warehouse shall be detailed in the event that different risk divisions are stored, assuming for this the whole amount of regulated matter which has been the most unfavourable division.

j) Relationship of categories and families of pyrotechnic articles of own manufacture or manufactured by third parties, of own manufacture for their own use, cartridges and objects authorized for sale from the warehouse of the workshop constructed to this effect.

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

l) Conditions laid down in approved emergency plans.

(m) Express authorisation, if appropriate, for the consumption of materials and articles from third parties in the field of the explosives Regulation as raw materials.

n) Express authorization of the facilities and procedures authorized for the elimination and inertization.

(o) Conditions established with regard to citizen security established in the citizens ' security plan.

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

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 its associated deposits must be previously authorized by the Government Delegate in the Autonomous Community, prior to the report of the 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 categories or families 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 laid down in Supplementary Technical Instruction 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 of this Regulation.

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, after report of the 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 Area of Industry and Energy will rotate inspection visit, as well as the Intervention of Arms and Explosives of the corresponding Command to verify the compliance of the regulatory norms and the specific conditions that in the authorization would have been pointed out.

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

2. If the result of the inspection is satisfactory, the Industry and Energy Area shall issue a certificate of suitability for the implementation of the industry, 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 will send a copy of the permit to the Industry and Energy Area, to the Town Hall of the place where the workshop and the Central Intervention of Arms and Explosives will be.

Article 32. Inspections of the workshops.

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

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

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.

3. 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 areas of industry and energy are aware that there has been any anomaly in a workshop located within the territory of their jurisdiction, they shall immediately have 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 for Energy Policy and Mines, which will record the result of how many inspections were to be carried out.

2. The Areas of Industry and Energy shall, for their part, carry out a general register of inspections in which the entries to be carried out 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.

1. The areas of industry and energy may make mandatory requirements which are in line with 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 met 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 Department 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 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 be able to obtain from the Government Delegate the revocation or restriction of the operating permit granted.

2. In the event of an emergency, the Department of Industry and Energy may decree the provisional suspension of all or part of the activities, giving an immediate account to the Government Delegate, who will resolve the matter within ten 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 knowledge of 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 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 to those who, in any case, may request an extension as long as they are in force.

Article 39. Invalidity of the permits.

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 Area of Industry and Energy.

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 the knowledge of the Intervention of Arms and Explosives of the corresponding Civil Guard.

2. On a monthly basis, the records responsible shall, by any means, including electronic means, present them for supervision in the relevant Arms and Explosives Intervention.

3. The records shall be in accordance with the relevant supplementary technical instruction.

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.

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 warehouses where the finished pyrotechnic articles of its own manufacture are to be kept and, where appropriate, the finished pyrotechnic articles from third parties, as well as semi-finished products for placing on the market. The capacity of the warehouses in this warehouse may not exceed the capacity of the warehouses for deposits of finished products not associated with a workshop specified in Article 64 of this Regulation, in addition to the one derived from compliance with the provisions of the Supplementary Technical Instruction No 9.

However, in the event that the manufacturer stores finished bulk products, unlabelled and unpackaged, they must be stored separately from the rest of the finished products which may also be stored.

2. The manufacturing workshop must have at least one auxiliary tank within the manufacturing site, consisting of auxiliary stores which can hold the materials and articles necessary for the manufacture of the articles falling within the scope of the Regulation on explosives, other raw materials, the matters covered by 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.

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 associated with a workshop specified in Article 64 of this Regulation, in addition to the one derived from compliance with the provisions of the Supplementary Technical Instruction No 9.

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 responsible person with professional training that will empower him, whose appointment will have to be given by the Government Delegate in the Autonomous Community, prior to the report of the Department 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 for the application for authorisation of a workshop, the correct compliance with the provisions laid down in this Regulation in the field of industrial safety and in particular those laid down in the Additional Technical Instructions numbers 9, 12 and 14 shall 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 occupational health.

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 the Supplementary Technical Instruction No 14 shall be taken into consideration.

Article 46. Staff, signage and work premises.

1. Employees in a pyrotechnics workshop shall use the footwear, clothing or other special means of protection provided to them by the undertaking, appropriate to the materials they handle and the operations they carry out with them, when the conditions of the work so require.

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 is formed and threatened in the vicinity of the workshop facilities, work in the hazardous areas shall be suspended while appropriate measures are taken in each case as long as the case lasts, 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 Industry and Energy Area of the Government Delegation in the Autonomous Community where the workshop is located, any serious or fatal accident occurring in its premises, as well as any repairs which, as a result of the accident, are required to be carried out. 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.

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 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 distribution of the materials within 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 Supplementary Technical Instruction number 11. They shall have a front door and the secondary doors which are justifiably necessary for security, 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 supplementary technical instruction 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 or exit to these areas will not be possible from the offices, if any.

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 warned that they enter those areas at their own risk, and during their stay in the area they must be accompanied by an employee whose instructions must be scrupulously adhered to, unless their presence, by reason of inspection or activity, involves the continuous or frequent stay in the premises, in which case they must comply with the rules and instructions provided to them in advance by the technical or the manager.

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 will be sent monthly to the Intervention of Arms and Explosives of the corresponding Command.

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 of this warehouse may not exceed the capacity of the warehouses of finished products not associated with a specified workshop in Article 64 of this Regulation, in addition to the one derived from the compliance with the provisions of the Supplementary Technical Instruction number 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 strictly 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 ammunition may be authorised for their own consumption, provided that the requirements of the Supplementary Technical Instruction 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 responsible 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 Department 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 the Supplementary Technical Instruction No 14 shall be taken into consideration.

7. The owner of the workshop shall be obliged to communicate immediately to the Industry and Energy Area 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.

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 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. Where, in any event, a workshop ceases to be in full or in part 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 Industry and Energy Area, which shall inspect the workshop and shall proceed in the manner provided for in Article 31 of this Regulation.

If the corresponding period up to the next inspection in accordance with the provisions of Article 33 of this Regulation continues the inactive installation, the final closure file shall be initiated, ex officio or at the request of a party.

Article 58. Staff and workshop buildings.

1. Employees shall use the footwear, clothing or other special means of protection provided by the undertaking, appropriate to the materials they handle and the operations they carry out with them, when the conditions of the work so require.

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 Supplementary Technical Instruction 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 supplementary technical instruction 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 must be scrupulously adhered to, except that 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 provided to them in advance and in writing 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 will be sent monthly to the Intervention of Arms and Explosives of the corresponding Command.

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 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.

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 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 of this Regulation.

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, 13 and 14.

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 relating to the prevention of serious accidents as provided for in Supplementary Technical Instruction No 10.

v. Draft of the Citizen Security Plan as provided for in the Supplementary Technical Instruction number 11.

vi. Place, facilities and procedures for disposal or inertisation, as provided for in Supplementary Technical Instruction 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.

2. The documentation described in the previous paragraph shall be delivered together, if appropriate, with the documentation described in Article 22 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.

Article 70. Material modifications.

1. Authorizations for any material modification of a finished product deposit not associated with a workshop shall be granted by the same authority to whom it shall authorize its establishment, after report of the Area of Industry and Energy that will indicate the conditions under which it is to be carried out and the Central Intervention of Arms and Explosives as to the 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 authorization 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 laid down in Supplementary Technical Instruction 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 under 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 holders of the holding transferred their holding, with the exception of those integrated in a workshop and authorised together, to be jointly transferred.

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.

4. 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 allowed storage capacity, per warehouse for each alternative risk division.

The authorization will detail the maximum capacity of each warehouse for each of the risk divisions, assuming that the entire storage capacity corresponds to one of them. In addition, the maximum capacity of each warehouse shall be detailed in the event that different risk divisions are stored, assuming for this the whole amount of regulated matter which has been the most unfavourable division.

(d) Families and categories of finished pyrotechnic articles whose storage is authorised as well as the limit of each stock to be stored. 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) Plan for the prevention of serious accidents as provided for in Supplementary Technical Instruction No 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) Relation of classes of finished products authorized for making available and selling from the warehouse.

j) Conditions laid down in emergency plans.

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

l) Conditions established with regard to the security of citizens established in the Security Plan.

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

Article 74. Certificate of suitability and implementation.

1. Completed the operations of installation or substantial modification of the deposit, the services of the Area of Industry and Energy will rotate inspection visit, as well as the Intervention of Arms and Explosives of the corresponding Command, in order to verify the compliance of the regulatory norms and the specific conditions that in the authorization would have been pointed out.

For the development of these inspections, the Industry and Energy Areas will be able to request the support of the collaborating entities of the Administration that they consider necessary.

2. If the result of the inspection is satisfactory, the Industry and Energy Area 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 Industry and Energy Area, to the Town Hall of the place where the deposit and to the Central Intervention of Arms and Explosives.

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. Invalidity of the permits.

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, the Government Delegate will be required, after the Industry and Energy Area report.

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 the knowledge of the Intervention of Arms and Explosives of the corresponding Civil Guard.

2. On a monthly basis, the records responsible shall submit them for supervision in the relevant Arms and Explosives Intervention by any means, including electronic means.

3. The records shall be in accordance with the relevant supplementary technical instruction.

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 the Supplementary Technical Instruction 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, alterations were made which, by reason of the distances required in the previous article, would have no effect on the authorization, 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 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, Tourism and Trade in the administrative files for the authorization of works and services in areas covered by the distances of site indicated in the Supplementary Technical Instruction number 9 will be mandatory.

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 did not have such qualifications at the time of obtaining the municipal licence for the establishment of the workshop.

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 Department 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 draft application for authorization of a deposit, the correct compliance with the provisions laid down in this Regulation in the field of industrial safety and in particular those laid down in the Additional Technical Instructions numbers 9, 12 and 14 shall 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 occupational health.

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 the Supplementary Technical Instruction No 14 shall be taken into consideration.

Article 83. Stores of finished products.

1. Each warehouse of the tank shall be constituted by a single local, being compartmentalized or divided according to panels whose height is less than the total of the building, 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 Supplementary Technical Instruction No 14.

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

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 must be taken into consideration as laid down in Supplementary Technical Instruction No 14.

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 shall be permitted when these systems are complied with as set out in Supplementary Technical Instruction No 13.

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. When overlapping boxes are stored, they shall be stacked with the lid facing up and the information visible, not exceeding the stacking height, when it is performed manually, of a metre and a half. In the case of mechanical lifting means for the movement of the boxes, the total height may be three and a half metres.

8. In no case shall any incompatible materials be stored together. The storage compatibility is generally collected in the Supplementary Technical Instruction 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 net weight of products that it may contain, if applicable.

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 Industry and Energy Area of the Government Delegation in the Autonomous Community where the workshop is located, any serious or fatal accident occurring in its premises, as well as any repairs which, as a result of the accident, are required to be carried out. 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.

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 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 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 technical inspection of the finished product deposits shall correspond to the Area of Industry and Energy in the territory of which they radiate.

For the development of these inspections, the Industry and Energy Areas will be able to request the support of the collaborating entities of the Administration that they consider necessary.

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 Areas of Industry and Energy have been aware 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 a report on 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, in which the result of the inspection of the establishment is recorded.

2. The Areas of Industry and Energy shall, for their part, carry out a general register of inspections in which the entries to be carried out 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.

1. The areas of industry and energy may make mandatory requirements which are in line with 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 met 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 Department 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 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 be able to obtain from the Government Delegate the revocation or restriction of the operating permit granted.

2. In the event of an emergency, the Department of Industry and Energy may decree the provisional suspension of all or part of the activities, giving an immediate account to the Government Delegate, who will resolve the matter within ten 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. The finished product deposits shall be closed in accordance with the conditions and the object indicated by the supplementary technical instruction number 11. They shall have a front door and the secondary doors which are justifiably necessary for security, according to their specific rules, 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 supplementary technical instruction number 11, which will also be included in the Citizen Security Plan.

Article 94. Input and output controls.

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 or exit to these areas will not be possible from the offices, if any.

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.

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 provided to them in advance and in writing by the technical or the manager.

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 shall be governed by the provisions of the Supplementary Technical Instruction No 9.

Article 97. Underground auxiliary warehouses.

In the auxiliary tanks associated with manufacturing or cargo workshops, underground warehouses may be authorized in duly justified conditions and provided that the provisions of the Explosives Regulation and its Additional Technical Instruction number 17 are complied with for this type of warehouse.

Article 98. Auxiliary warehouses associated with workshops.

1. The auxiliary stores shall have the compartments and doors 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 supplementary technical instruction number 14 must 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 within the underground storage facility may be authorised, provided that such apparatus is fitted with safety devices which are deemed appropriate, in accordance with the additional technical instruction number 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 that indicates the complementary technical instruction 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 12 hours at the time of the start of the show.

Such special deposits must comply with the security conditions laid down in Supplementary Technical Instruction No 8 of this Regulation, and must be previously communicated to the Intervention of Arms and Territorial Explosives, 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 Area of Industry and Energy and the 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.

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 Directorate General of the Police and the Civil Guard, prior to the report of the Arms and Explosives Intervention. The maximum quantities of storage shall be fixed by the Directorate-General of the Police and the Civil Guard.

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, prior authorization of the Intervention of Arms and Explosives, as long as they meet the necessary security measures. The Directorate-General of the Police and the Civil Guard, in the authorization itself, shall fix the maximum quantities of storage.

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 that are established in the Supplementary Technical Instruction number 15 will be adopted, which will also be required for the recharging of non-metallic cardboard, despite not needing any authorization.

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.

3. 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 'war' of a size greater than 12,7 mm must be completely deactivated and free from any regulated matter.

(b) Annually, whenever there has been variation, a list of the cartridges which are held according to the model of the Arms 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.

Article 105. Pyrotechnic articles of categories T, P 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 of regulated matter, prior to the favorable report of the Intervention of Arms and Explosives of the corresponding Command, and for pyrotechnic articles of categories T1, T2, P1 and P2, as well as those used in festive demonstrations as well as those intended for use in the navy, the final destination of which is the use by experts or the sale to the public.

2. For permanent special storage of these higher capacity products, the provisions of this Regulation should be complied with for deposits under general arrangements.

3. By way of derogation from the above paragraph, for duly justified temporary cases, the Government Delegate in the Autonomous Community may authorise, after a report of the Area of Industry and Energy and the Intervention of Arms and Explosives of the corresponding Command, 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 their subsequent transport, in accordance with the provisions of the regulations on the transport of dangerous goods and, failing this, 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. For the purposes of this Title,

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. In the case of packaging and packaging, the markings, durable and visible, must be shown to indicate 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 sealing conditions and the same hazard labels as if they were filled until the destruction is carried out.

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 Articles Other Than Pyrotechnic Articles for Vehicles

Article 113. Guarantee of labelling.

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

Article 114. Data to be included in the article.

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

a) The name and address of the manufacturer.

b) Nationality.

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

d) The item name and type.

e) The minimum age referred to in Article 121.

f) The corresponding category.

g) The instructions for use.

h) The year of production for the pyrotechnics of categories 3 and 4.

i) If applicable, the minimum safety distance.

The labelling will include the amount of regulated matter.

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 1: if applicable, "for exclusive outdoor use" and minimum safety distance.

(b) Category 2: "for exclusive use in the open air" and, if applicable, minimum safety distance.

c) Category 3: "for exclusive outdoor use" and minimum safety distance.

d) Category 4: "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 of this Regulation concerning exceptions to the CE marking.

7. For transport within the national territory of outer packaging, packages or packages of pyrotechnic devices manufactured by the manufacturer himself and intended for spectacles shall be sufficient a generic label where at least the data of the holder, classes of pyrotechnics transported, gross and 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 bear the name of the manufacturer or, if the manufacturer is not established in the European Community, the name of the importer, the name and type of article and the safety instructions.

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 will 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 the Supplementary Technical Instruction number 6.

TITLE V

Selling and making available

CHAPTER I

General conditions for pyrotechnic articles

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

1. The ownership of a repository of pyrotechnic finished products shall entail the authorization to sell and make available the products in storage, except for direct sale to the general public, which shall be carried out by means of sales premises authorised in accordance with the provisions of this Title.

2. By way of derogation from the foregoing 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 the Supplementary Technical Instruction No 17.

Article 119. Verification of the conditions of sale and making available.

Prior to the dispatch of the sales 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 sales establishment where the merchandise subject to the transaction is to be stored.

Article 120. Minimum unit of sale and making available.

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

Article 121. Minimum ages for the sale and making available of pyrotechnic articles.

The pyrotechnic articles shall not be sold or made available to consumers below the minimum ages indicated below, with the exception of the percussion pistons for toys:

a) Fireworks:

i. Category 1: 12 years.

ii. Category 2: 16 years.

iii. Category 3: 18 years.

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

Article 122. Sale and making available of pyrotechnic articles to experts in categories 4, P2 and T2.

The following pyrotechnic articles may only be sold or made available by manufacturers, importers and distributors to experts and always from an authorised repository of finished products:

1. Pyrotechnics of category 4 pyrotechnics.

2. Pyrotechnic articles of category P2.

3. Pyrotechnic articles intended for use in theatres of category T2.

CHAPTER II

Sale and making available to the public of pyrotechnic articles

cardboard

Article 123. Responsible for the sale and making available to the public.

1. The sale and making available to the public of pyrotechnic articles shall be made by natural or legal persons authorised in accordance with this Regulation.

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

Article 124. Persons authorised for the sale and making available to the public of pyrotechnic articles.

1. Persons authorized for the sale and making available 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 laid down in Supplementary Technical Instruction 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 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 and making available 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 will be understood by authorized persons 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 Area of Industry and Energy and of the Intervention of Arms and Explosives of the Command of the corresponding Civil Guard.

Article 126. Bans on sale.

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

CHAPTER III

Premises for sale and making available to the public of pyrotechnic articles

Article 127. Sale and making available to the public of pyrotechnic articles.

1. The sale and making available to the public of artides and pyrotechnic articles falling within categories 1, 2, 3, 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.

2. Pyrotechnic devices of category 1 and permitted use 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 is located, in which the specific products must be indicated, provided that the maximum quantity stored is less than or equal to 5 kilograms gross.

3. Pyrotechnic articles of use in the navy may be sold in nautical premises or nautical articles, without the sale of other pyrotechnic articles, without complying with the provisions of the Supplementary Technical Instruction No 17, 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 and making available 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, as well 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 Supplementary Technical Instruction 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 and making available 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.

3. The constructive and safety conditions of the temporary establishments are developed in the Supplementary Technical Instruction number 17.

Article 130. Applications for authorisation from permanent establishments for sale and making available to the public for pyrotechnic articles.

Applications for the authorisation of permanent establishments for the sale of pyrotechnic articles of categories 1, 2, 3, T1, P1 and use in the navy shall be addressed to the corresponding Government Delegates as provided for in the Supplementary Technical Instruction No 17.

Article 131. Applications for authorisation for temporary establishments for the sale and making available to the public of pyrotechnic articles.

1. Any application for authorization to sell and make pyrotechnic articles in temporary establishments shall be addressed to the corresponding Government Delegates three months in advance at the beginning of the activity, with the provision of the Supplementary Technical Instruction number 17.

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 Department of Industry and Energy of the Government Delegation and the Arms and Explosives Intervention of the corresponding Command.

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

1. In the resolution of approval of permanent or temporary establishments for sale and making available to the public of pyrotechnic articles, the data set out in Supplementary Technical Instruction No 17 shall be recorded as a minimum.

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. Submitted a request for authorization of modification, previously to be resolved, the Government Delegate will request reports to the Area of Industry and Energy and to the Intervention of Arms and Explosives of the corresponding Command.

Article 134. Pyrotechnics book.

1. Persons authorised for sale and making available to the public of pyrotechnic articles shall carry a book of movements of such articles, except for category 1. Such a book shall be at the disposal of the competent authority.

2. Such a book may be carried out and completed by computer procedures or by any other suitable for achieving the purposes pursued.

3. For the sale of items of categories T1 and P1, the identification data of the buyer must be recorded appearing in the National Identity Document, Foreign Identification 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 development of these inspections, the Industry and Energy Areas may request the support of the collaborating entities of the Administration that they consider necessary.

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 shall 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 of this Regulation.

CHAPTER IV

Sale and making available

the public of cardboard

Article 136. Acquisition of cardboard.

1. Licence holders for striped long guns will be able to acquire only up to 1,000 cartridges per year per weapon, presenting the membership guide. The seller will perform the corresponding seats in the books of his establishment and will immediately give account of the purchase to the Intervention of Arms and Territorial Explosives.

In no case can a number exceed 200 cartridges.

2. Only 100 cartridges per year can be purchased per short weapon, presenting the membership guide, and carrying out 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 particular field 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 bodies or bodies of which the staff is subject to regulations which are considered to be auxiliary to the maintenance of public security and the pursuit of crime may acquire the necessary cartridges for the provision, performance of the statutory shooting exercises, and the practice of formally constituted shooting equipment. The authorization will be valid for one year and will be issued by the Central Intervention of Arms and Explosives of the Directorate General of the Police and the Civil Guard.

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 Directorate General of the Police and 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 may acquire for their consumption an unlimited number of cartridges provided that they do so in the premises of the Federations and without being able to take them out of the premises of these. The Federations shall take appropriate control measures to prevent such cartridges from going outside. 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 Police and 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 private person in possession of licenses A, B, D or F, wishes to acquire more cartridges than the quotas established above, he 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. In no case can a number greater than 5000 units of this class of cartridges be kept in storage.

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 may implement the tasks of market control through the Industry and Energy Areas of the Government Delegations and entrust it to the Administration's collaborating entities duly authorised 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.

CHAPTER II

pyrotechnic articles

Article 138. Product safety.

1. The market control within the scope 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 placing on the market of these products or restricting their free movement may be prohibited.

(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, as a result of a safeguard clause brought by a Member State pursuant to Article 16 (1) of Directive 2007 /23/EC, the European Commission rules and communicates to the Member States that an interim measure relating to a pyrotechnic article adopted by another Member State is justified, the Directorate-General for Energy Policy and Mines shall take the necessary measures to ensure that the pyrotechnic article which is not safe is withdrawn from the national market and shall inform the European Commission by the appropriate channel.

In parallel, if the European Commission rules and communicates to the Member States that an interim measure relating to a pyrotechnic article adopted, if any, by the Kingdom of Spain is not justified, the Directorate-General for Energy Policy and Mines will act in accordance with the statement of the European Commission and inform it through the appropriate channel.

6. In the case of an objection to a harmonised standard in accordance with the procedure laid down in Articles 8.4 and 16.2 of Directive 2007 /23/EC, the Directorate-General for Energy Policy and Mines shall adopt the measures which, if necessary, are to be carried out in relation to harmonised standards and their publication, in the terms notified by the European Commission.

Article 139. Products involving serious risks.

If the Directorate-General for Energy Policy and Mines has sufficient reason to believe that a pyrotechnic article poses a serious risk to the health or safety of persons, it shall inform the Commission and the other Member States through the appropriate course and shall carry out the appropriate assessment. It shall also inform the Commission and the other Member States of the background and results of that assessment.

CHAPTER III

Cartheria

Article 140. Product safety.

1. The correspondence between the prototype of a catalogued cartridge and the product placed on the market shall be accredited at the request of the Directorate-General for Energy Policy and Mines of the Ministry of Industry, Tourism and Trade, who shall determine the examinations and analyses to which the samples shall be submitted, in accordance with the provisions of this Regulation.

2. In the case of non-authorised cardboard, the necessary provisional measures may be taken to locate, immobilize and withdraw from the market, where appropriate, products which may pose a risk to health or safety. 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. Use of pyrotechnic articles in categories 1, 2, 3, T1, P1 and marine.

1. The pyrotechnic articles of categories 1, 2, 3, T1, P1 and marina shall be handled and used in accordance with their intended purpose and the instructions for use by each of them, without prejudice to the provisions of Article 121 and the sixth provision of the royal decree pursuant to which this Regulation of pyrotechnic articles and paperboard is approved.

2. By way of derogation from the above paragraph, the use of items in categories 1 and 2 to children under 12 and 16 respectively and categories 3, T1 and P1 to children under 18 years of age is prohibited. This is without prejudice to the provisions of the sixth additional provision of the royal decree under which this Regulation of pyrotechnic articles and cardboard is approved.

3. In addition, the mechanisation by individuals of pyrotechnics of categories 1, 2, 3, T1 and P1, as well as their initiation by electrical system, is prohibited. These products must be used individually as they are purchased and have been placed on the market.

4. Similarly, no more than 15 kilograms net of regulated material may be stored in pyrotechnic articles of categories 1, 2, 3, T1, P1 in private homes.

Article 142. Pyrotechnic articles of categories 4, T2 and P2.

1. Pyrotechnic articles of categories 4, T2 and P2 shall be handled and used in accordance with the provisions of the Supplementary Technical Instruction 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 cerified expert described in Technical Specifications 08.1, 08.2 and 08.3.

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

pyrotechnic articles not placed on the market shall be handled and used in accordance with the provisions of the Supplementary Technical Instruction 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 cartchery shall 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 shall apply as set out in Royal Decree 2061/2008 of 12 December 2008 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 paperboard in Spanish territory shall apply to them in Titles I, III, IV, VI and IX of this Regulation. 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.

Article 145. Regulatory deposit.

1. Prior to customs clearance, as long as their situation is regularised, pyrotechnic articles and cardboard shall be stored in warehouses regulated in accordance with Title III of this Regulation, previously provided by the supplier or the recipient, and communicated in advance to the Central Intervention of Arms and Explosives of the Civil Guard.

2. If, for all circumstances, in respect of import, export or transit, the time limits for customs clearance are not met, and after the final abandonment of the materials in the dossier processed for that purpose has been declared, the goods in question shall be delivered to the Delegation of the Government concerned. If this delegation transfers such goods to the private sector, the formalities and requirements laid down in the Customs Ordinance on the disposal of abandoned goods must be complied with. In case of war ammunition the merchandise will be delivered to the Ministry of Defense.

CHAPTER II

Import

Article 146. Official registration of importers.

1. Natural or legal persons who intend to carry out the activity of importing pyrotechnic articles or cardboard must request, on a prior basis, 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, Tourism and Commerce.

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-based devices covered by this Regulation from countries other than the Member States of the European Union shall be subject to the general arrangements governing the activity at any time and shall also need to be provided with a prior movement permit granted by the Ministry of the Interior, through the Central Intervention of Arms and Explosives of the Civil Guard, and based on a favourable report of the Permanent Inter-Ministerial Commission on Arms and Explosives.

2. The administrative leave provided for in the previous paragraph, which shall be valid for six months, shall be submitted to the Customs Services together with the material to which it relates and shall accompany it during its transport through Spanish territory to its destination.

3. The import application shall contain at least the data listed in Articles 164 and 165, as well as the place of authorised storage and the point of entry into national territory.

4. 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 card regulated in Royal Decree 2061/2008 of 12 December 2008 approving the Regulation on the control of the external trade in defence equipment, other material and dual-use products and technologies is exempted from the provisions of this Title, subject to 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 using their own means of transport and storage are exempt from compliance with the provisions of the previous article and of this title, although they must be previously communicated to the Ministry of Economy and Finance and to the Central Intervention of Arms and Explosives of the Civil Guard.

Article 149. Circulation guide for metal cardboard.

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 Customs Administration, before authorising the entry of the regulated products, shall verify compliance with the provisions of the foregoing Articles, to which effect it may request the intervention of the provincial departments of the competent Ministries to carry out the inspections it deems appropriate.

CHAPTER III

Export

Article 150. Export authorization.

1. The export of cardboard to countries other than the Member States of the European Union, will be subject to the general regime that in each moment regulates the activity and will need to be authorized according to the provisions of the Royal Decree 2061/2008, of December 12, for which the regulation of control of the foreign trade of defense material, other material and of products and technologies of dual use is approved.

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 person concerned, and copy it to the customs office of departure and the Central Intervention of Arms and Explosives of the Civil Guard.

3. Exports carried out by the Ministry of Defence in the exercise of its powers, using its own means of transport and storage, shall be exempt from compliance with the rules laid down in the preceding paragraphs of this Article, subject to the special rules applicable in each case.

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 authorisation shall be requested from the Ministry of Foreign Affairs and Cooperation, at least five 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 designation of each product.

c) Gross and net weight, of each class of products and number of packages or packages in which they are shipped.

d) Characteristics of packaging and packaging.

(e) Customs of entry and exit of Spain and 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.

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, Tourism and Trade, Defense, Economy and Finance, and to promote the Central Intervention of Arms and Explosives of the Civil Guard, in good time, which may not be less than two working days from the date planned for the implementation of transit, in order to be able to make the observations or to have the services that they consider necessary.

2. Where appropriate, the Ministry of Foreign Affairs and Cooperation shall grant the authorization in question, in which the condition to which the issue is submitted shall be determined in order to be transferred by the Ministry of Foreign Affairs and Cooperation.

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 and Cooperation 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. Following the report of the Directorate General for Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce, 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 by the corresponding Customs.

Article 158. Security measures.

1. The Directorate-General of Police and 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 movements 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 law and 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 in the context of the routine checks carried out 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.

Whenever the provisions of this Regulation are complied with, the free movement of pyrotechnic articles shall not be prohibited, restricted or impeded, without prejudice to the rules applicable to the granting of authorisations which this Regulation lays down for manufacturers, distributors and importers.

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 6 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 for the Intervention of Arms and Explosives 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.

(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 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 6 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 of the Central Intervention of Arms and Explosives of the Civil Guard by 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.

(g) It shall not be necessary to communicate the information referred to in paragraphs (d) and (e) above in cases of transfer between armers, including manufacturers.

2. If the Central Intervention of Arms and Explosives authorizes the transfer, it shall issue a permit, valid for 6 months, in which all the data referred to in paragraph 1 of this Article shall be entered. This permit must accompany the card to 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 Central Intervention Agency shall issue a prior authorisation of transfer with a validity of 6 months.

2. Such authorization must accompany the card during its circulation by national territory and, in any case, the transfer shall be notified, the operation to the Intervention of Arms and Explosives corresponding to the place of destination.

Article 165. Transfers without authorisation.

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 rules 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 10/1998 of 21 April of Waste and its provisions for development.

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 for collective passenger transport, up to 100 metal cartridges and 300 hunting or similar cartridges for each user. For participation in sports competitions, the transport of a larger quantity of cartridges may be permitted, subject to authorization of the Central Intervention of Arms and Explosives of the Civil Guard.

3. The following may be carried out in particular vehicles of category 1, 2, 3, T1, P1, use in the navy and intended for use in supplementary technical instruction No 18, up to a total of 15 kilograms net of regulated matter. The quantities of cardboard described in Article 136 may also be transported in each individual vehicle as authorised storage, i.e. up to 150 metal cartridges for short arms, 200 for long arms and up to 5000 for non-metallic cardboard.

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.

5. During the operations included in the transport of the regulated materials, smoking, carrying matches or any other device producing flame, substances which may be inflamed, firearms and ammunition shall be prohibited, except for the regulatory armament corresponding to those responsible for transport.

6. 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 metallic cardboard in quantity greater than 5000 units and wick for use in pyrotechnics, under the protection of regulated vigilantes, according to the provisions of the Technical Instruction Supplementary number 11.

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, where appropriate, required by this Regulation in order 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 cardboard, 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.

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 ' safety measures in accordance with the rules established for the purpose of the supplementary technical instruction number 11. The aforementioned Circulation Guides of the metal cartchery shall be in accordance with the provisions of Order INT/3543/2007 of 29 November 2007 amending and determining the model, contents and format of the circulation guide for explosives and metal cardboard, and instructions for their preparation are given.

CHAPTER III

Road transport

Article 173. Regulation.

1. The road transport of the regulated products in full on Spanish territory will be in accordance with the provisions of Royal Decree 551/2006 of 5 May on the operation of the transport of dangerous goods by road on Spanish territory. The rules laid down by the European Agreement on the International Carriage of Dangerous Goods by Road (ADR), which are in force when the transport is carried out between two signatory countries, must be complied with.

2. The transport of metal cardboard in excess of 5,000 units, and more than 12,000 in the case of caliber 22, as well as explosive wick for manufacture of pyrotechnic articles, provided that the transport of the material is cut into pieces that do not exceed 45 centimetres in length and the amount of regulated net matter transported does not exceed 450 kilograms, it shall also apply the provisions of the Supplementary Technical Instruction number 11 of this Regulation as well as in Law 23/1992, of July 30, of Private Security, and in the Royal Decree 2364/1994 of 9 December 1994 approving the Regulation on Private Security.

Article 174. Competence.

Competition in matters governed by this Chapter shall be the responsibility of 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, Tourism and Trade, in respect of the technical characteristics of the vehicles and containers used in the transport and the periodic tests or inspections to be submitted.

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.

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. The rules laid down in the International Carriage of Dangerous Goods by Rail (RID) Regulations should be complied with.

Article 178. Competence.

The competence of the subjects covered by this Chapter shall 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, Tourism and Trade, in respect of the technical characteristics of the wagons and containers used in the transport and the classification and compatibility of the transported materials.

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.

The maritime, river and water transport of the regulated materials will, in general, comply with the provisions of International Conventions and Codes, in the National Regulations for the Admission, Manipulation 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 that apply to it.

Article 181. Competence in maritime transport.

The competence of the subjects covered by this Chapter shall 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, Tourism and Trade, regarding the authorized packaging and packaging and the classification and compatibility of the 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.

It is up to the basin organizations, after reporting the Central Intervention of Arms and Explosives of the Civil Guard, to grant the authorization of navigation and for the establishment of embarcaderos necessary for the exercise of this activity.

2. The provisions of the preceding paragraph of this Article shall be understood as subject to the competence of the Ministry of Public Works in respect of the conditions of boarding, loading and unloading as well as of the requirements of the ships and of the transport itself, in accordance with the provisions of the legislation in force.

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 the persons who were provided with the corresponding title, granted by the Ministry of Public Works, may manage or govern the vessels for this type of transport.

CHAPTER VI

Air Transport

Article 189. Regulation.

Air transport of regulated materials shall, as a general rule, comply with the technical instructions for the safe transport of dangerous goods by air from the ICAO which is in force.

Article 190. Competence.

The competence of the subjects covered by this Chapter shall 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, Tourism and Trade, 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 Arms Intervention the loss or subtraction of documentation relating to the regulated materials.

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, involving omission or failure of the necessary measures to ensure the preservation of the required documentation.

6. The disobedience of the mandates of the competent authority or its agents, provided that they comply with the rules in force, in the exercise of the mission that they are legally entrusted with respect to the regulated matters.

7. All those behaviors that are not qualified as very serious or serious constitute breaches of the obligations or violation of the prohibitions established in the Organic Law 1/1992 on Protection of Citizen Security or special laws.

8. Failure to comply with the requirements laid down for the authorities assisting the Administration in the field of industrial safety.

9. Failure to comply with the requirements, obligations or prohibitions laid down in this Regulation which does not qualify as serious or very serious misconduct.

Article 196. Serious infringements.

The following behaviors will be considered serious violations:

1. The manufacture, storage, sale, acquisition or disposal, holding or use of the regulated materials, lacking the necessary documentation or authorizations.

2. The manufacture, storage, sale, distribution and use of regulated regulated materials, in quantity greater than that authorized.

3. The omission or inadequacy of the adoption or the effectiveness of the security measures or mandatory precautions for the custody of the regulated matters.

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.

5. The movement or transport of the regulated materials, without complying with the requirements laid down for measures of public safety or industrial safety.

6. The allegation of false data or circumstances, in order to obtain authorisations or documents relating to the subject matter.

7. The refusal of the competent authorities or their agents of access to workshops, means of transport, warehouses and other establishments relating to the subject matter of the tasks entrusted to them.

8. The obstruction of inspections intended to be carried out by the competent authorities or their agents in workshops, means of transport, warehouses and other establishments relating to the subject matter of the tasks entrusted to them.

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 cooperating entities of the Administration in the field of industrial safety.

14. The commission of a third minor infringement within one year.

Article 197. Very serious infringements.

The following behaviors will be considered very serious violations:

1. The conduct referred to in paragraphs 1 and 4 of the previous Article, if, as a result of these, serious harm is caused to persons or their property.

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. The placing on the market or placing on the market of products that compromise the safety and protection of consumers as well as end professional users.

6. 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. Sanctions.

1. Conduct classified as minor offences in paragraphs 1, 2, 5, 6 and 7 of Article 195 shall be punishable by a fine of up to EUR 300. The conduct established as a minor infringement of Article 195 (8) shall be punishable by a fine of up to EUR 3 000. Conduct classified as minor offences in Article 195 (3), (4) and (9) shall be punishable by a fine of up to EUR 300 or up to EUR 3 000, depending on whether they relate to aspects of public security or industrial security, respectively.

2. Conduct classified as serious infringements in paragraphs 1, 2, 3, 6, 11 and 14 of Article 196 shall be punishable by a fine of EUR 301 up to EUR 30 000. The conduct established as serious infringements of Article 196 (4), (12) and (13) shall be fined from EUR 3,001 to EUR 90,000. Conduct classified as serious infringements in paragraphs 5, 7, 8, 9 and 10 of Article 196 shall be punishable by a fine of EUR 301 up to EUR 30 000 or with a fine of EUR 3,001 up to EUR 90,000 according to whether they relate to aspects 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 1 year.

3. The conduct classified as very serious infractions in Article 197 shall be sanctioned with a fine from 30,001 up to 600,000 euros or with a fine of from 90,001 euros up to 600,000 euros according to whether they relate to aspects of citizen security or industrial security, respectively.

In addition, the conduct referred to 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 (6) 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.

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 three 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 will be prescribed for the year, two years or four years, depending on whether the corresponding offences relating to aspects of public safety have been described as minor, serious or very serious, respectively.

2. The penalties shall be prescribed for the year, three years or five years, depending on whether the relevant offences relating to industrial safety aspects have been classified as minor, serious or very serious, respectively.

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 Articles 31 to 39 of the Organic Law 1/1992 of 21 February on the Protection of Citizen Security and Royal Decree 1398/1993 of 4 August, which approves the Rules of Procedure for the exercise of sanctioning powers.

2. No sanctions shall be imposed for temporary suspension of the authorisations of the workshops, premises or establishments, without prior favourable report of the Ministry of Industry, Tourism and Trade.

3. 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, whereas the conduct referred to in Article 196 (3), (4) and (10) shall also entail, where appropriate, the closure of the establishment where the infringement occurs until the security measures are established or the existing anomalies are remedied. In any case, the temporary closure of the establishments will be agreed upon by the Government Delegate prior to the mandatory report, both the Central Intervention of Arms and Explosives of the Civil Guard and the General Directorate of Energy Policy and Mines of the Ministry of Industry, Tourism and Commerce.

4. In the field of occupational safety, the provisions of the applicable legislation 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.

Article 202. Competence.

1. The competence for the instruction of the sanctioning procedures shall be:

(a) To the Central Services organ of the Directorate-General of the Police and the Civil Guard, which is competent, in accordance with the regulatory provisions of the organization of that Directorate-General, for the instruction of procedures for a very serious infringement.

b) To the Heads of the Civil Guard Zone, in respect of the sanctioning procedures whose resolution corresponds to the Director General of the Police and the Civil Guard.

(c) To the General Subdirectorate of Mines, in respect of the procedures for sanctioning very serious infringements, the resolution of which corresponds to the Director General of Energy Policy and Mines.

d) To the Directors of Area and Heads of Industry and Energy Dependence on the procedures sanctioning serious or minor infractions in matters of industrial safety or control of market products, the resolution of which corresponds to the Director General of Energy Policy and Mines or to the Delegate of the Government.

2. 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, for the imposition of any of the very serious penalties with a fine of more than EUR 300,001.

b) The Minister of the Interior, to impose fines of 150,001 euros up to 300,000 euros for very serious violations in the area of citizen security.

(c) The Minister of Industry, Tourism and Trade, to impose fines of EUR 150,001 up to EUR 300 000 for very serious infringements of industrial safety.

d) The Director General of the Police and the Civil Guard, to impose any of the sanctions for serious and very serious violations with a fine of up to 150,000 euros, in matters of citizen security.

e) The Director General of Energy Policy and Mines, to impose any of the sanctions for serious and very serious infractions with a fine of up to 150,000 euros, in matters of industrial safety and control of market products.

f) Government Delegates, to impose any of the sanctions for minor infractions.

g) Mayors, to impose any of the penalties for minor violations of tenure and use on the public road of fireworks by individuals.

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 Ministry of Industry, Tourism and Trade will deliver it to the Armed Forces or the Corps of the Civil Guard or National Police, when they could be useful for the performance of their functions.

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 pass to the State, which, through the corresponding Government Delegate, shall destroy them in accordance with the provisions of the Supplementary Technical Instruction 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.

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 pyrotechnic and cardboard in the relevant UN recommendations:

Group G

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	fumigating Munitions. -Munition containing a fumigated matter, and also, except where the matter itself is explosive, one or more of the following elements: propellant loading with bait and charging of ignition, sprinkle with load of dispersion or expulsion.
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

Group S

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 complementary technical instruction aims to establish the essential safety requirements to be met by both pyrotechnics, other pyrotechnic articles and ignition devices.

2. Essential security requirements

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. Any pyrotechnic article shall 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.

3. Any pyrotechnic article shall be operated correctly when used for the intended purpose.

Any pyrotechnic article must be tested under real 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 and 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, observations concerning the safety of handling, storage, use (including safety distances) and disposal 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 a reliable and safe operation of the pyrotechnic artifice.

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

4. Pyrotechnic articles shall not contain:

a) Commercial explosive substances, except for black powder or detonating composition.

b) Military Explosives.

5. The various groups of pyrotechnic articles shall also comply with 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 net content in explosives, safety distance, sound levels and the like. The category shall be clearly indicated on the label:

(a) For category 1 artifices, 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. Category 1 will not include black gunpowder thunder, black gunpowder thunder batteries, detonating thunder or detonating thunder batteries.

iv. Category 1 impact thunder shall not contain more than 2,5 mg of silver fulminate.

(b) For category 2 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 category 3 pyrotechnic devices, 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 a label or instructions.

4) Fireworks will not move in an erratic or unpredictable way.

5) The fireworks and categories 1,2 and 3 must be protected against accidental ignition, either by means of protective cover, by packaging or packaging, or as part of the design of the product itself. Category 4 pyrotechnics shall be protected against accidental ignition by means specified by the manufacturer.

B. Other pyrotechnic articles:

1. pyrotechnic articles must 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) The ignition devices shall be capable of being reliably initiated and capable of sufficient initiation under normal or foreseeable conditions of use.

2) The ignition devices shall be protected against electrostatic discharges under normal and foreseeable storage and use conditions.

3) Electronic initiation systems shall be protected against electromagnetic fields under normal and 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 must be supplied with the product.

6) Information relating to electrical characteristics (e.g. safety current, resistance, etc.) shall be supplied with the product.

7. The cables of the electrical ignition systems shall be sufficiently insulated and have sufficient mechanical strength, including the strength of the connection to the initiator, taking into account the intended use.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 3

Compliance assessment procedures

1. Object

The purpose of this Supplementary Technical Instruction is the description of the conformity procedures that a manufacturer may follow to assess the conformity of pyrotechnic articles.

2. Procedures for the assessment of conformity

Module B: EC type examination:

1. This module describes the part of the procedure by which a notified body checks and certifies that a representative sample of the production considered meets the essential safety requirements reflected in the complementary technical instruction number 2 that apply to it.

2. The manufacturer shall submit the application for the EC type-examination to the 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 submitted to another notified body.

(c) The technical documentation described in point 3.

The applicant shall make available to the notified body a sample of the product representative of the production concerned, hereinafter referred to as 'the type'. The notified body may request further samples if required by the test programme.

3. The technical documentation shall permit the assessment of the conformity of the article with the essential safety requirements. Where necessary for such assessment, the technical documentation shall cover the design, manufacture and operation of the article and include:

a) A general description of the type.

b) The design and manufacturing plans, and the schemas of the components, subassemblies, circuits, etc.

(c) The descriptions and explanations necessary for the understanding of such plans and schemes, and the functioning of the article.

(d) A list of national rules transposing harmonised standards, applied in whole or in part, and the description of the solutions adopted to meet the essential safety requirements where harmonised standards have not been applied.

e) The results of the design calculations performed, the controls performed, and so on.

f) The test reports.

4. The notified body shall:

(a) Examine the technical documentation, verify that the type has been manufactured in accordance with the technical documentation and establish the elements that have been designed in accordance with the applicable provisions of the national standards transposing the harmonised standards and the elements that have been designed without applying the relevant provisions of those harmonised standards.

(b) Carry out or make appropriate checks and tests necessary to check whether the solutions adopted by the manufacturer comply with the essential safety requirements described in Supplementary Technical Instruction No 2 where the national standards transposing the harmonised standards have not been applied.

(c) Carry out or make the appropriate checks and tests necessary to check whether the relevant harmonised standards have been applied when the manufacturer has chosen to use them.

(d) to agree with the applicant on the place where the necessary checks and tests will be carried out.

5. If the type complies with the relevant provisions of the pyrotechnic articles and cardboard rules, the notified body shall issue the applicant with an EC type-examination certificate. The certificate shall include the name and address of the manufacturer, the control findings and the data necessary to identify the approved type.

A list of the significant parts of the technical documentation, of which the notified body shall keep a copy, shall be attached to the certificate.

Where the issue of the type-certificate is refused to the manufacturer, the notified body must give reasons for its refusal in detail.

A claim procedure must be set.

6. The applicant shall inform the notified body which has the technical documentation relating to the EC certificate of type-approval of any amendment to the approved article which is required to receive further approval if those amendments concern conformity with the essential requirements or the conditions laid down for the use of the article. This new approval shall be issued in the form of a supplement to the original EC type-examination certificate.

7. Each notified body shall communicate to the other notified bodies the relevant information on the EC type-examination certificates and their supplements, issued or withdrawn.

8. The other notified bodies may receive copies of the EC type-examination certificates and their supplements. The annexes to the certificates shall be made available to the other notified bodies.

9. The manufacturer shall keep a copy of the EC type-examination certificates and their supplements together with the technical documentation for a period of at least 10 years from the last date of manufacture of the article.

Where the manufacturer is not established in the Community, this obligation to keep the technical documentation available shall be the responsibility of the person responsible for placing the product on the market.

Module C: Compliance with type:

1. This module describes the part of the procedure whereby the manufacturer ensures and declares that the pyrotechnic articles in question are in conformity with the type described in the EC type-examination certificate and comply with the requirements of the Regulation on pyrotechnic articles and cardboard which apply to them. The manufacturer shall affix the CE marking to each pyrotechnic article and make a written declaration of conformity.

2. The manufacturer shall take all necessary measures to ensure that the manufacturing process ensures the conformity of the products manufactured with the type described in the EC type-examination certificate and with the essential safety requirements of this Regulation.

3. The manufacturer shall keep a copy of the declaration of conformity for a period of at least 10 years from the last date of manufacture of the article.

Where the manufacturer is not established in the Community, this obligation to keep the technical documentation available shall be the responsibility of the person responsible for placing the product on the market.

4. A notified body of choice of the manufacturer shall carry out or carry out checks on the item at random intervals. An appropriate sample of the finished articles, taken on the spot by the notified body, shall be checked and, in order to verify that the article complies with the requirements of the pyrotechnic articles and cardboard Regulation, appropriate tests, as defined in the harmonised standard, shall be carried out. Where one or more copies of the controlled articles do not comply with those requirements, the notified body shall take the necessary measures.

The manufacturer shall place, under the responsibility of the notified body, the identification number of the notified body during the manufacturing process.

Module D: Production Quality Assurance:

1. This module describes the procedure whereby the manufacturer who fulfils the obligations laid down in point 2 ensures and declares that the pyrotechnic articles in question are in conformity with the type described in the EC type-examination certificate and comply with the requirements of the pyrotechnic articles and cardboard rules. The manufacturer shall affix the CE marking to each article and make a written declaration of conformity. The CE marking shall be accompanied by the identification number of the notified body responsible for the surveillance referred to in point 4.

2. The manufacturer shall apply an approved quality system for production as well as for the final inspection and testing of 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, before a notified body of his choice, an application for an assessment of the quality system relating to the pyrotechnic articles concerned.

This request will include:

(a) All relevant information according to the category of pyrotechnic article concerned.

b) The documentation relating to the quality system.

(c) The technical documentation of the approved type and a copy of the EC type-examination certificate.

3.2 The quality system shall ensure the conformity of pyrotechnic articles with the type described in the EC type-examination certificate and with the requirements of the Regulation on pyrotechnic articles and paperboard which apply to them.

All the elements, requirements and provisions adopted by the manufacturer shall be included 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 pyrotechnic articles.

(b) The manufacturing, quality assurance and quality assurance techniques and the systematic procedures and measures applied.

(c) The controls and tests to be carried out before, during and after manufacture, and their frequency.

(d) Quality dossiers, such as inspection reports, test and calibration data, and reports on the qualification of the staff concerned.

e) The means by which the achievement of the quality of the pyrotechnic articles 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. Where the relevant harmonised standard applies, compliance with those requirements shall be assumed. The team of auditors shall have at least one member who has experience in the assessment of the technology of the product concerned. The assessment procedure should include an inspection visit to the premises of the manufacturer.

The duly substantiated assessment decision shall be notified to the manufacturer and shall include the control findings.

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.

The manufacturer shall keep the notified body that has approved the quality system informed of any adjustment provided for in that system.

The notified body shall assess the proposed amendments and decide whether the modified quality system meets the requirements referred to in point 3.2 or whether a new assessment is necessary.

The duly substantiated assessment decision shall be notified to the manufacturer and shall include the control findings.

4. Surveillance under the responsibility of the notified body:

4.1 The aim 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's entry into the factories, warehouses and inspection and testing facilities for inspection purposes and shall provide it with all the necessary information, in particular:

a) The documentation relating to the quality system.

(b) Quality dossiers, such as inspection reports, test and calibration data, and reports on the qualification of the staff concerned.

4.3 The notified body shall carry out periodic audits to ensure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.

4.4 Furthermore, the notified body may make unannounced visits to the manufacturer. In the course of such visits, the notified body may carry out or carry out tests, if necessary, 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, the relevant report.

5. For at least 10 years from the last date of manufacture of the product, the manufacturer shall have at the disposal of the national authorities:

(a) The documentation referred to in point 3.1 (b).

(b) The documentation relating to the updates referred to in the second paragraph of point 3.4.

(c) The decisions and reports of the notified body referred to in the fourth paragraph of point 3.4 and points 4.3 and 4.4.

6. Each notified body shall communicate to the other notified bodies the relevant information concerning the approvals of the quality systems issued and withdrawn.

Module E: Product Quality Assurance:

1. This module describes the procedure whereby the manufacturer who fulfils the obligations laid down in point 2 ensures and declares that the pyrotechnic articles are in conformity with the type described in the EC type-examination certificate. The manufacturer shall affix the CE marking to each article and make a written declaration of conformity. The CE marking shall be accompanied by the identification number of the notified body responsible for the surveillance referred to in point 4.

2. The manufacturer shall apply an approved quality system for final inspection and testing of 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 a notified body of his choice a request for an assessment of the quality system relating to his pyrotechnic articles.

This request will include:

(a) All relevant information according to the pyrotechnic category concerned.

b) The documentation relating to the quality system.

(c) The technical documentation of the approved type and a copy of the EC type-examination certificate.

3.2 According to the quality system, each pyrotechnic article shall be examined and appropriate tests shall be carried out in accordance with the national standard or standards transposing the relevant harmonised standards or equivalent tests, in order to ensure the conformity of the article with the corresponding requirements of the pyrotechnic articles and cardboard rules.

All the elements, requirements and provisions adopted by the manufacturer shall be included 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 shall allow for a uniform interpretation of quality programmes, plans, manuals and quality records.

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 controls and tests to be carried out after manufacture.

c) The means by which the effective operation of the quality system is monitored.

(d) Quality dossiers, such as inspection reports and data on tests and calibration and reports on the qualification of the staff concerned.

3.3 The notified body shall evaluate the quality system to determine whether it meets the requirements referred to in point 3.2. Where the relevant harmonised standard applies, compliance with those requirements shall be assumed.

The team of auditors shall have at least one member who has experience in the assessment of the technology of the product concerned. The assessment procedure shall include an inspection visit to the manufacturer's premises.

The duly substantiated assessment decision shall be notified to the manufacturer and shall include the control findings.

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.

The manufacturer shall keep the notified body that has approved the quality system informed of any adjustment provided for in that system.

The notified body shall assess the proposed amendments and decide whether the modified quality system meets the requirements referred to in point 3.2 or whether a new assessment is necessary.

The duly substantiated assessment decision shall be notified to the manufacturer and shall include the control findings.

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's entry into the factories, warehouses and inspection and testing facilities for inspection purposes and shall provide it with all the necessary information, in particular:

a) The documentation relating to the quality system.

b) The technical documentation.

(c) Quality dossiers, such as inspection reports, test and calibration data, and reports on the qualification of the staff concerned.

4.3 The notified body shall carry out regular audits to ensure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.

4.4 Furthermore, the notified body may make unannounced visits to the manufacturer. In the course of such visits, the notified body may carry out or carry out tests, if necessary, 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, the relevant report.

5. For at least 10 years from the last date of manufacture of the article, the manufacturer shall have at the disposal of the national authorities:

(a) The documentation referred to in point 3.1 (b).

(b) The documentation relating to the updates referred to in the second paragraph of point 3.4.

(c) The decisions and reports of the notified body referred to in the fourth paragraph of point 3.4 and points 4.3 and 4.4.

6. Each notified body shall communicate to the other notified bodies the relevant information concerning the approvals of the quality systems issued or withdrawn.

Module G: Unit verification:

1. This module describes the procedure by which the manufacturer ensures and declares that pyrotechnic articles which have obtained the certificate referred to in point 2 comply with the corresponding requirements of the pyrotechnic articles and cardboard rules. The manufacturer shall affix the CE marking to each pyrotechnic article and make a declaration of conformity.

2. The notified body shall examine the pyrotechnic article and carry out appropriate tests as defined in the relevant harmonised standard (s) or equivalent tests in order to ensure the conformity of the article with the relevant requirements of the pyrotechnic articles and cardboard rules.

The notified body shall affix or send its identification number to the approved pyrotechnic article and issue a certificate of conformity for the tests carried out.

3. The technical documentation shall permit the assessment of the conformity of the pyrotechnic article with the requirements of the pyrotechnic articles and cardboard Regulation and the understanding of its design, manufacture and operation.

When required for evaluation, the documentation will include:

a) A general description of the type.

b) Design and manufacturing plans, components, sub-assemblies and circuits.

(c) The descriptions and explanations necessary for the understanding of the design and manufacturing plans, the components, subassemblies and circuits and the operation of the pyrotechnic article.

(d) A list of harmonised standards, applied in whole or in part, and the description of the solutions adopted to meet the essential safety requirements of the pyrotechnic articles and cardboard Regulation where the national rules transposing the harmonised standards have not been applied.

e) The results of the design calculations performed and the controls performed.

f) The test reports.

H Module: Global Product Quality Assurance:

1. This module describes the procedure whereby the manufacturer who complies with the obligations laid down in point 2 ensures and declares that the products in question comply with the relevant requirements of the pyrotechnic articles and cardboard rules. The manufacturer or his importer shall affix the CE marking to each article and make a written declaration of conformity. The CE marking shall be accompanied by the identification number of the notified body responsible for the surveillance referred to in point 4.

2. The manufacturer shall apply an approved quality system for design and production as well as for the final inspection and testing of 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 a notified body.

This request will include:

(a) All relevant information according to the category of pyrotechnic article concerned.

b) The documentation relating to the quality system.

3.2 The quality system shall ensure the conformity of the article with the requirements of the pyrotechnic articles and the board.

All the elements, requirements and provisions adopted by the manufacturer shall be included 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 quality records.

In particular, it will include an appropriate description of:

(a) The quality objectives, the organization chart and the responsibilities and powers of the management staff as regards the design and quality of the products.

(b) The technical specifications for construction, including the rules applied and, where the harmonised standards are not fully applied, the means by which compliance with the relevant basic requirements of the pyrotechnic articles and cardboard rules should be ensured.

(c) The techniques for the control and inspection of the results of the development, the procedures and the systematic measures applied for the development of the products belonging to the relevant product group.

d) The techniques of manufacturing, quality assurance and quality assurance and the systematic procedures and measures applied.

e) The controls and tests to be carried out before, during and after manufacture and their frequency.

(f) Quality dossiers, such as inspection reports, test and calibration data, and reports on the qualification of the staff concerned.

g) The means by which the achievement of the required product design and quality is monitored, 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. Where the relevant harmonised standard applies, compliance with those requirements shall be assumed.

The team of auditors shall have at least one member who has experience in the assessment of the technology of the product concerned. The assessment procedure shall include an inspection visit to the manufacturer's premises.

The duly substantiated assessment decision shall be notified to the manufacturer and shall include the control findings.

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.

The manufacturer shall keep the notified body continuously informed that it has approved the quality system of all proposed updates to the quality system.

The notified body shall assess the proposed amendments and decide whether the modified quality system meets the requirements referred to in point 3.2 or whether a new assessment is necessary.

The duly substantiated assessment decision shall be notified to the manufacturer and shall include the control findings.

4. EC surveillance under the responsibility of the notified body:

4.1 The objective of EC 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's entry into the factories, warehouses and inspection and testing facilities for inspection 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 by the quality system for the development field, such as analysis results, calculations and tests.

(c) The quality records provided for by the quality system for manufacturing, such as inspection reports, test and calibration data, and reports on the qualification of the staff concerned.

4.3 The notified body shall carry out regular audits to ensure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.

4.4 Furthermore, the notified body may make unannounced visits to the manufacturer. In the course of such visits, the notified body may carry out or carry out tests in order to verify, if deemed necessary, the proper functioning of the quality system. The notified body shall submit to the manufacturer a report of the visit and, if any test has been carried out, the relevant report.

5. For at least 10 years from the last date of manufacture of the article, the manufacturer shall have at the disposal of the national authorities:

(a) The documentation referred to in point 3.1 (b).

(b) The documentation relating to the updates referred to in the second paragraph of point 3.4.

(c) The decisions and reports of the notified body referred to in the fourth paragraph of point 3.4 and points 4.3 and 4.4.

6. Each notified body shall communicate to the other notified bodies the relevant information concerning the approvals of the quality systems issued or withdrawn.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 4

Cataloging pyrotechnic articles

1. Object and Scope. -This complementary technical instruction is intended to establish the procedure for the cataloging of fireworks and pyrotechnic articles provided with CE marking of categories 1, 2, 3, 4, T1, T2, P1, P2, as well as of products 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, in application of 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 2, 3, 4, T1, T2, P1 and P2 which do not need CE marking and which are intended to be used exclusively by the manufacturer themselves, remain outside the scope of this technical instruction.

2. Generalities. -The number of cataloging 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 1, 4 and use in the navy will entail the authorization of storage, distribution, making available and sale of these articles. For the provision and sale of pyrotechnic articles of categories 2, 3, T1, T2, P1 and P2, compliance with the additional requirements laid down in Supplementary Technical Instruction No 5 shall also be required.

For the purposes of this supplementary technical instruction, the regulated materials referred to in Article 18 of the Regulation on pyrotechnic articles and paperboard shall be considered as pyrotechnic articles of category P2.

3. Procedure for cataloging.

Request for inclusion in the catalogue: 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, Tourism and Commerce, indicating the following:

Identification of the requester.

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.

Identification, if any, of the entity supporting the product control module (C and E modules).

Categorization of the article or artifice.

Type or family of item or artifice.

Commercial name.

Accompanying the application will be accompanied by the following documentation written at least in Spanish:

Model of Declaration of Conformity with the essential safety requirements defined in the Directive that is applicable to it, issued by the manufacturer or his agent in the European Union.

Technical memory of the product whose cataloging is requested, understanding the description, characteristics and properties, with sufficient information.

Copy of documents issued by notified bodies for conformity assessment, if applicable:

EC Certificate of Type (Module B) on which the declaration of conformity is based and Notification of the application of the modules: C Conformity with type, D Quality assurance of production, E 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 stage of manufacture, or

Module G Quality Certificate: Unit verification, or

Quality Certificate Module H: Global product quality assurance.

Copy of the documentation relating to packaging and outer packaging, if applicable, in accordance with the provisions of the regulations in force on the transport of dangerous goods.

UN number, risk division and compatibility group.

Safety instructions.

Labelling scheme in accordance with harmonised European rules of application.

Notification to the interested party: In the case of pyrotechnic articles of categories 1, 4 and 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 first placing on the market, communicating it to the interested party.

In the case of pyrotechnic articles of categories 2, 3, 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:

Order number, which will match the European Official Catalog number.

Item Category.

UN number, risk division and compatibility group.

Manufacturer or importer.

Reference to the certification of CE marking and the quality module applied to the manufacturing phase.

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 conform to the requirements of paragraph 3 of this Supplementary Technical Instruction, the General Directorate of Energy Policy and Mines shall notify the applicant of this fact for its purpose.

Amendments to the product or listed article: Any modification concerning the characteristics of the pyrotechnic article that could affect its 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. Manufacturer-made items for your own use. -In the case of pyrotechnics workshops which only manufacture products intended for their own use and therefore exempt from the provisions of the CE marking, the holder of the workshop must have a factory audit certificate in accordance with the procedure laid down in the Technical Specification 4.01.

ANNEX

Request Model

D. ............................................................................................................................................... in your own name or in representation of ...............................................................

with address for notification purposes in:

..................................................................................................................................................................................................................................................

with C.I.F. or NIF/NIE n. º ............................................

n. telephone 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 C and E compliance modules:

The entity that supports the product control module is ................................

.................................................................................................................. .........

(The corresponding documents in Section 3 of Supplementary Technical Instruction 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 fireworks in pyrotechnic workshops that only 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, to ensure the conformity of the products manufactured with the approved prototype, by examining at least:

Manufacturing procedures and control techniques.

Controls and tests performed before, during, and after manufacture, and frequency with which they are performed.

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 provision and sale of pyrotechnic articles of categories 2, 3, P1, P2, T1 and T2

1. Object and Scope. -This complementary technical instruction aims at establishing the specific requirements for the making available and selling of pyrotechnic articles of categories 2, 3, P1, P2, T1 and T2 in the national territory, in accordance with Article 11 of the Regulation on pyrotechnic articles and cardboard and in Article 6.2 of Directive 2007 /23/EC of 23 May 2007 on the placing on the market of pyrotechnic articles.

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 making and selling.

1. The provision and sale of double thunder, triple thunder and friction thunder pyrotechnic articles is prohibited.

2. The making available and sale to the public of the devices of categories 1, 2 and 3 which, if required by manual ignition, is not made by direct flame or brase is prohibited.

3. The making available and selling to the public of different pyrotechnics of categories 1, 2 and 3 shall be prohibited, each of which is fitted with EC macado, connected or machined with each other, except those designed for that purpose, having its own CE marking.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 6

Identification on Carthery Sales Packaging

1. Object. The purpose of this Supplementary Technical Instruction is to lay down the rules for the identification of cards placed on the national market.

2. Identification.

Content: The minimum content to appear on the carton will be: Commercial name of the product, number of cataloging and NIF/CIF or registration number as manufacturer or importer, of the person responsible for the marketing.

The minimum content to be included in the packaging of cardboard shall be: Commercial name of the product, number of cataloging and NIF/CIF or registration number as manufacturer or importer, of the person responsible for the marketing and manufacturer.

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. -It is the subject of this Technical Instruction to supplement the regulation of pyrotechnic spectacles carried out by experts with category 3, 4, P2, T2 and non-CE-marked artifices.

This technical instruction shall apply in the case of spectacles performed with pyrotechnic devices of categories 1, 2 and 3, which together exceed 10 kilograms of regulated matter.

The mechanization by non-experts of artifices of categories 1, 2 and 3 is prohibited, as well as their initiation by non-electric system.

The collective use of devices of categories 1, 2 and 3 provided with CE marking shall not be regarded as pyrotechnic.

Additionally, this technical instruction regulates the use or firing of pyrotechnic articles of categories P2 and T2 that are not considered shows or when they are part of another non-pyrotechnic spectacle.

2. Definitions. -For the purposes of this technical instruction, it is understood by:

a) Launch zone: space specially bounded and protected by the staff of the expert company exclusively for the assembly of the spectacle and launch of the fireworks.

b) Security zone: space surrounding the launch zone, monitored by the organizing entity, which delimits the presence of the spectator public, and whose purpose is to provide this a reasonably safe development of the show.

(c) Security distance: distance between the mortars of the launching zone or the mortar of the highest caliber artifice and the perimeter line of the security zone.

(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: the natural or legal person holding a preparation and assembly workshop that meets the requirements set out in this Supplementary Technical Instruction, and to which the organizing entity commissions the service, including the operations of the assembly of the show and the performance of the firing by personnel belonging to that company.

(f) Expert: a person linked to the expert company who, having the meat of experts, performs the operations of unpacking, assembling, handling and firing of fireworks.

g) Apprentice: a person linked to the business of experts who, having the training of the trainee, carries out, under the supervision of the experts, unpacking operations, assembly and handling and connection of the devices, not being able to carry out the trip.

h) Launch angle: that formed by the vertical and 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: 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.

3. Authorization of shows. -spectacles with pyrotechnic artifices carried out by experts whose content of the regulated matter is greater than 10 kilograms and less than or equal to 100 kilograms may be made only after notification to the Government Delegation by the host organisation of the show, at least 10 days in advance. The spectacle shall be deemed to be authorised unless expressly refused to be issued within 3 days.

Shows with fireworks made by experts whose content in regulated matters is greater than 100 kilograms can only be carried out with the express authorization of the Government Delegation, prior to the report of the Area of Industry and Energy and the Intervention of Arms and Explosives of the corresponding Command of the Civil Guard, to which effect the organizer of the show must submit the corresponding request with a minimum of 15 working days in advance of 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 Intervention of Arms and Explosives of the corresponding Command of the Civil Guard.

The documents required for the processing of the authorisation for the conduct of pyrotechnic spectacles shall be as follows:

(a) Application for authorisation, as set out in Annex I to this Supplementary Technical Instruction.

(b) If the show affects public or private roads or spaces, document proof of the conformity of the Competent Authority or owner of the ground in the locality for the firing of the devices. This requirement shall not be required where the Competent Authority or the owner of the land is the organisation of the show.

(c) Safety and Emergency Plan of the Show, which shall comprise the provisions of paragraph 5 of this Technical Instruction.

d) Certification of insurance company or insurance brokerage of the insurance of accident insurance and civil liability insurance underwritten by the organizer of the show, which contemplates the organization of the show object of the application. At least one capital of 500 € per kilogram of regulated matter should be covered.

e) Certification of insurance company or insurance brokerage of the insurance policy of civil liability underwritten by the company of experts, covering the activity of performing the requested show, and at least, must cover a capital of 600,000 € of civil liability.

A single policy covering the cases described in points (d) and (e) shall be accepted.

f) Identification of the expert company performing the show, including the following data:

1. Copy of the authorization of the workshop preparation and assembly.

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 fireworks to shoot, detailing type, number, and quantity of matter regulated by artifice, both for CE marked devices, and those of own manufacture without CE marking, and the total of the set.

4. The expected time for the firing of each section or homogeneous assembly.

5. Sequence of starting firing between sections and order to follow in the shots of each section, including the shooting scheme in graphic and symbolic representation.

6. Identification of the experts and trainees who will take part in the show, as well as their potential alternates, with copies of the corresponding certificates of aptitude, as well as the identification of the person appointed as the person in charge during the development of the show, or his possible alternate.

7. Working document to justify your recruitment or discharge in the company.

8. If applicable, a contractual document between undertakings of experts of the disposal of qualified personnel for the performance of the show.

9. 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, Prevention of Occupational Risks, and its implementing regulations, for the activity of the fire and in particular for the intended spectacle.

10. Expected launch angle in the case of non-vertical launch.

In case the company of experts is foreign, it must present these documents or equivalents duly translated at least to Spanish.

g) Proposal for minimum security distances and, where appropriate, additional security measures envisaged.

In the performance of spectacles with pyrotechnics performed by experts whose content of the regulated matter is greater than 10 kilograms and less than or equal to 50 kilograms, in which only the delegation of the Government is notified to the Government Delegation, the notification shall be accompanied by the documents listed in points (b), (e), (f1), (f2), (f3), (f5) and f8).

In the performance of spectacles with pyrotechnics performed by experts whose regulated content is more than 50 kilograms and less than or equal to 100 kilograms, in which only the delegation of the Government is notified to the Government Delegation, such notification shall be accompanied by the documents relating to points (b), (c), (e), (f1), (f2), (f3), (f5), (f6), (f7) and f8).

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 the self-made pyrotechnic products which do not have CE marking, for which the manufacturer's criteria must be met, at least some essential safety requirements equivalent to those indicated for CE marked products in Supplementary Technical Instruction 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 of the weather or similar circumstances may be caused by the material.

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 should be carried out in accordance with the current regulations on surveillance and security, and taking due account of the previous report issued in this regard by the Intervention of Arms and Explosives of the corresponding Command. This requirement shall not be required in the case of spectacles carried out by experts in which more than 10 kilograms and less than 50 kilograms of regulated matter are used.

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 originated after the firing of fireworks, shall be governed as laid down in Supplementary Technical Instruction No 12.

4.8 The company of experts will keep for three years record of all its performances along with the documents that are listed in this technical instruction and that are of its competence, as well as of the artifices used in each show.

Security zone:

4.9 For each show a security zone shall be established, which shall be closed or bounded by fences, ropes, tapes or similar system, sufficiently monitored by the organizing entity.

4.10 The perimeter of the security zone will be determined by the safety distance, which will be calculated according to the following tables. However, upon sufficiently reasoned justification with appropriate security measures, the Government Delegation may authorise the reduction of these minimum distances, upon request of the organising body.

Safety 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
		4	14
		20	20
		20	30
70	30	40

Safety Distances in air-fire shows (casings, thunder volcanoes, or casings) from the highest caliber artifice

Calibre

interior

of the barrel or mortar (mm)

Coefficient to apply for the calculation of distance to the public	Security distance to the public (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		60
60	0.6	36	15
45		25		90
		100	60	35	Increase the security distances in 30%.	110
120		72	50	130
125	75	60	140
150	0.8	120	65	160
175		140	70	180
180		145	80	190
1		200	90				250
	100		260
300	300		120	320
	350	140	380

Security Distances in Shows with Roman Candles, from the Most Caliber Artifice

	Calibre of the artifice (mm)	Distances (m)		Height in non-vertical launch (angle less than 30 °). Coefficient b (m)
		buildings	To the public
to 50	10	25	60
to 60	15	48	70
To 70	25	56	90

Safety 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
to 75	25	35
to 100	40	50
to 120	50	60
to 150	60	75

In the case of flying the minimum distances will be the following: No wind, 50 meters to the public and 25 meters to buildings. With wind, 100 meters to the public and 50 meters to buildings.

4.11 In the case of a non-vertical launch of Roman carhouses and candelas, the safety distance from the public shall be prolonged in the direction and direction of the projection of the intended path, 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 the tables equivalent to the atura that reaches the artifice.

The launch angle in no case may exceed 30 degrees from the vertical, with the exception of shots in water shows.

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 In the security zone, there should be no hospitals, clinics, third-age residences, police centers, emergency centers, or other buildings, structures or communication routes that, because of their special sensitivity to the risk, are susceptible to accidents that affect the safety of the population. Also, if the show is developed during hours of school activity, there will be no educational centers.

4.14 When in the security zone there are inhabited buildings other than those mentioned in the previous paragraph, the organizing entity shall announce this circumstance 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 carried out by experts in which more than 10 kilograms and less than 50 kilograms of regulated matter are used.

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 security radius, according to the orography of the place and the density of the 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. This requirement shall not be required in the case of spectacles carried out by experts in which more than 10 kilograms and less than 50 kilograms of regulated matter are used.

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.

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 Mortars shall be buried in at least 30% of their length, either on the ground or in sacks. Mortars that can be damaged with moisture from the ground will be placed inside an airtight plastic bag before burying them.

Battery-mounted mortars must meet this same requirement throughout the longitudinal extension of the battery.

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 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 points 1 to 5 of this paragraph 4. Similarly, the company of experts shall be responsible for complying with the provisions of paragraphs 6 to 11 of this paragraph 4.

5. Security and Emergency Plan. -The organisation of the show shall present a Safety Plan carried out 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 which shall include at least the following information:

(a) Planned protection for the launch area up to the time of the start of the show, as set out in this Supplementary Technical Instruction.

b) Protection provided for the security zone during the development of the show, in accordance with the provisions set out in this Supplementary Technical Instruction.

c) Declaration, if any, of the non-existence of constructions referred to in point 4.13 of this Supplementary Technical Instruction.

(d) Human and material equipment required and intended for the purpose of protection and compliance with established security measures.

e) The exact location of the launch area and its surrounding area within a radius of 500 metres.

f) Delimitation of the security zone and spaces where the presence of the public is foreseen, as well as representation of the security radius and its measurement in meters.

Likewise, the organizing entity will present to the corresponding Government Delegation an Emergency Plan prepared by competent technicians, according to the following minimum contents:

(a) 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:

An ambulance equipped with the appropriate staff and equipment in relation to the distance to the nearest health centre.

A fire service whose endowment and equipment is the right one for the show to celebrate.

b) Directory of emergency and civil protection services to be alerted in the event of an emergency.

c) Recommendations to be exposed to the public and their location, as well as forms of transmission of the alarm once produced.

d) A descriptive plan of the land where the show is planned, indicating the following:

Location and access of the means of relief and assistance in case of accidents.

Situation of buildings, roads and other lines of communication, as well as other relevant elements for security and evacuation purposes.

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 organizing entity for all that this complementary technical instruction does not establish as the sole responsibility of the expert company. 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 that the Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks assigns to the employer, the persons empowered to ensure the security of the spectacle, according to the privileges established in this Supplementary Technical Instruction, shall be the following:

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 entity as the person in charge of the show to ensure compliance, monitoring and control of the contents of the security plan and of the emergency plan, as well as of the security measures provided for in this supplementary technical instruction 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. Assembly of the show. -Prior to the assembly of the show, the experts must inspect the pyrotechnic devices by discarding, if necessary, those that present defects that could affect the safety of the spectacle.

At the beginning of the assembly operation, the organizing entity will place in the launch zone a basic fire extinguishing equipment that will remain in the launch zone 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.

8. Shooting of the show.

General requirements:

The maximum wind speed, at ground level, must not exceed 15 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 shot will keep the lock key of the power-on device under its responsibility, if any.

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.

Before starting the shot, the expert in charge should check that all staff 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. Ban, suspension and interruption of shows. -This paragraph shall not apply in the case of spectacles carried out by experts in which more than 10 kilograms and less than 50 kilograms of regulated matter are used.

The Government Delegate in the Autonomous Community, or in whom the delegate, may prohibit the holding of spectacles with pyrotechnics when the requirements laid down in this Supplementary Technical Instruction 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 any debris that may pose a risk will be carried out by the expert company, 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, Tourism and Commerce, within 5 working days, the number of affected devices, the type, the name of the manufacturer and the name of the marketer.

11. Shooting of pyrotechnic articles category P2. -The use of pyrotechnic articles of category P2 can only be carried out with prior authorization from the Government Delegation, prior to the report of the Area of Industry and Energy and the Intervention of Arms and Explosives of the corresponding Command of the Civil Guard, to whose effect the company of experts 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.

Only persons who have the corresponding expert meat for such articles issued by the Industry and Energy Area 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.

12. Shooting of pyrotechnic articles category T2. -The use of pyrotechnic articles of category T2, when they are not part of a pyrotechnic spectacle, can only be carried out with prior authorization from the Delegation of the Government, prior to the report of the Area of Industry and Energy and the Intervention of Arms and Explosives of the corresponding Command of the Civil Guard, to which 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 use of the date of its use.

Only persons who have the relevant expert meat for such articles issued by the Industry and Energy Area 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.

13. Summary table. -Annex II to this Technical Instruction No 8 includes a summary table of the requirements set out therein.

ANNEX I

Show Authorization Request Model

D. ............................................................................................................................................... in your own name or on behalf of the organizing body .......................................

with address for notification purposes in:

..................................................................................................................................................................................................................................................

with C.I.F. or NIF/NIE n. º ............................................

n. telephone number .................. n. fax ..................

as the (representative of the organizing entity)

REQUEST

The authorization for a public pyrotechnic show to be performed by the company of experts .............................................................................. authorized

in the municipal term of ......................................................................................

in the locality of .................................................................................................

on the day ............................................., at ...................... hours and with an expected duration of .....................................

(The corresponding documents in Section 3 of Supplementary Technical Instruction No 8 of the Regulation on pyrotechnic articles and cardboard are accompanied):

In .................................. to ....... of ....................... of ........

(Authorized Signature)

ANNEX II

Supplementary Technical Instruction Requirements Summary Table 8

x

Point 7: Show Montage.

		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 the Industry and Energy Area report and the corresponding Arms and Explosives Intervention.			X
Documentation to be submitted is notification or authorization:
	) Authorization request.			X
b) Soil property compliance.		X	X
c) Security plan.		X	X
c) Emergency plan.			X
d) Accident and liability insurance for the organizer.			X
) Insurance company civil liability insurance.	X	X	X
f) Identification of the expert company with the following data:
f1) Copy of the authorization of the workshop or repository.	X	X	X
f2) Relation of pyrotechnics to shoot, detailing type, number, and quantity of matter regulated by artifice, both for CE-marked, non-CE-marked artifices, and total for the set.	X	X	X
f3) Expected time for the firing of each homogeneous section or set.	X	X	X
f4) Start-of-section firing sequence between sections and order to follow in the shots of each section, including the shooting scheme in graphical and symbolic representation.			X
f5) Identification of the experts and trainees who will be involved 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 his potential alternate.	X	X	X
f6) Copy of the TC-2 newsletters from Quote to Social Security for workers who are to participate in the show, or work document that justifies their hiring or high status in the company.		X	X
f7) 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
f8) Planned launch angle in the case of non-vertical launch.	X	X	X
4: Requirements for performing the show.
requirements:
4.1	X	X
	X	X
	4.3	X	X	X
	4.4	X	X	X	X	X
	4.5		X	X
	4.6	X	X	X
	4.7	X		X
x	x	x
Zone
4.9	X	X	X
	X	X	X
4.11	X	X	4.12
	X	X
	4.13	X	X	X
	4.14	4.14		X
	X	X	X
	4.16	X	X	X
	4.17			X
Launch Zone:
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	X
6.3		X	X
6.4		X	X
6.5		X	X
X	X	X
8: Disarrest of the show.	X	X	X
9: Ban, suspend, and interrupt the shows.		X	X
Point 10: Post-show actuations.	X	X	X

A: Spectacles with pyrotechnic devices made by experts whose content of the regulated matter is greater than 10 kilograms and less than or equal to 50 kilograms.

B: Spectacles with pyrotechnic devices made by experts whose content of the regulated matter is more than 50 kilograms and less than or equal to 100 kilograms.

C: Spectacles with pyrotechnic devices made by experts whose content of the regulated matter is greater than 100 kilograms.

TECHNICAL SPECIFICATION NUMBER 8.01

Meat of expert and apprentice meat for the performance of pyrotechnic spectacles

1. Object and Scope. The purpose of this Technical Specification is to regulate the conditions and requirements for obtaining the expert and apprentice meat for spectacles, which demonstrate the technical and employment capacity of the workers to enable them to carry out the corresponding tasks specified in the Supplementary Technical Instruction No 8.

2. Requirements for obtaining expert and apprentice meat.

2.1 General requirements: The meat, both from apprentice and expert, will be issued by the Area or Dependence of Industry and Energy 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.

Expert meats shall include enablement for the use of category T2.

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: For the purpose of obtaining the apprentice meat, the interested parties must meet the following requirements:

(a) To be completed 18 years at the time of the application to the Area or Dependence 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 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: In order 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 Industry and Energy Area of the relevant Government Delegation.

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, under the tutelage of an accredited trigger with expert meat.

The workers belonging to an approved preparation and assembly workshop that, at the entry into force of this Technical Specification, will certify, through the certification of the company of experts, an experience of more than one year as experts, with continuous permanence in the company, they will be able to request directly to the Area or Dependence of Industry and Energy of the corresponding Government Delegation, the obtaining of the expert meat. They must also prove to be in psycho-physical conditions for pyrotechnic firing activity.

The deadline for the adjustment of your application, by the company, will be one year from the publication in the "Official State Gazette" of this standard.

3. Minimum content of the apprentice's theoretical training. -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's 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 about 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 Industry and Energy Department 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. Expedition and validity. -Fulfilled the requirements for obtaining the meat, the Area or Dependence of Industry and Energy of the corresponding Government Delegation will issue the professional meat that will have validity in all 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 an indefinite period of validity. However, every 5 years shall be submitted to the Industry and Energy Area or Dependence for the fulfilment 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 authorized assembly and preparation workshop ..........................................

with registered address for notification purposes in:

..........................................................................................................................

with C.I.F. or NIF/NIE n. º ............................................

n. telephone number .................. n. fax ..................

� authorizes that your personal identity data can be consulted by the Data Verification System, in the terms established by Royal Decree 522/2006 of April 28, 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 student card, of the Foreign Identity Card, or of the residence card of the family member 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/ N.I.E. .................... of .......... years of age and worker of the workshop mentioned above.

The following documents are attached:

Photocopy of the applicant's certificate of primary studies.

Justification of high 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.

In ...................., to ....... of ....................... of ........

Signature of the workshop holder Signature of the aspiring apprentice

ANNEX II

Request Model for Expert Meat

D. ................................................................................................................

as holder of the authorized assembly and preparation workshop ..........................................

with registered address for notification purposes in:

..........................................................................................................................

.........................................................................................................................

with C.I.F. or NIF/NIE n. º ............................................

n. telephone number .................. n. fax ..................

� authorizes that your personal identity data can be consulted by the Data Verification System, in the terms established by Royal Decree 522/2006 of April 28, 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 student card, of the Foreign Identity Card, or of the residence card of the family member 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 on behalf of D. ........................................................., with NIF. /N.I.E. .................... of .......... years of age and worker of the workshop mentioned above.

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.

In ...................., to ....... of ....................... of ........

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. The purpose of this Technical Specification is 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 the Supplementary Technical Instruction No 8.

2. Requirements for obtaining expert meat. -Expert meat for the use of items of category T2 shall be issued by the Area or Dependence of Industry and Energy 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.

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 served 18 years at the time of the application to the Industry and Energy Area 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 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.

Workers belonging to a special effects company, which upon the entry into force of this Technical Specification, credit an experience of more than one year in the use of pyrotechnic articles of category T2, may apply to the Area or Dependence of Industry and Energy of the corresponding Government Delegation, obtaining the expert meat. They shall also prove to be in psycho-physical conditions for such activity.

The deadline for the regularisation of your application will be one year from the publication in the "Official State Gazette" of this standard.

3. Minimum content of theoretical-practical training. -In accordance with the provisions of the preceding paragraph, the holder of the special effects undertaking intending to use the items of category T2 shall organise the training for 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.

General knowledge about the operation of pyrotechnic articles.

Basic theoretical aspects of pyrotechnic articles and their initiation systems.

(b) Basic training in preparation techniques for items of category T2 and their use.

Elements for placement and utilization.

Protection from moisture and rain.

Using indoors.

Use in special effects.

c) Basic safety training in the use of pyrotechnic articles of category T2.

Safety in the handling, storage, transport and use of pyrotechnic articles of category T2.

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 request to the Area or Dependence of Industry and Energy of the corresponding Government Delegation.

4. Expedition and validity. -Fulfilled the requirements described above, the Area or Dependence of Industry and Energy of the corresponding Government Delegation will issue the corresponding expert meat that will be valid 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 an indefinite period of validity. However, every 5 years shall be submitted to the Industry and Energy Area or Dependence justification for the fulfilment of the requirement set out in paragraph 2.d) of this Technical Specification.

ANNEX

Request Model for Item T2 Expert Meat

D. ................................................................................................................

as holder of the special effects sector company:

...............................................................................................................................

with registered address for notification purposes in:

..........................................................................................................................

.........................................................................................................................

with C.I.F. or NIF/NIE n. º ............................................

n. telephone number .................. n. fax ..................

� authorizes that your personal identity data can be consulted by the Data Verification System, in the terms established by Royal Decree 522/2006 of April 28, 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 student card, of the Foreign Identity Card, or of the residence card of the family member 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/N. I. E .................... 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.

Justification of high in the company.

Certificate of psycho-physical fitness of the aspiring expert, for such activity.

Documentary accreditation of the training given to the aspiring expert, in detail of the duration and content of the course taught.

In ...................., to ....... of ....................... of ........

TECHNICAL SPECIFICATION NUMBER 8.03

Expert certification for the use of category P2 pyrotechnic articles

1. Object and Scope. The purpose of this specification is to regulate the conditions and requirements for obtaining the certification of experts for the use of pyrotechnic articles of category P2, according to the technical instruction supplementary number 8.

The certification shall be specific for each type of pyrotechnic article of category P2.

2. Requirements for obtaining expert certification. -The certification of the expert for the use of a particular item of category P2 shall be issued by the Area or Dependence of Industry and Energy of the corresponding Government Delegation. Such certification shall be linked to the undertaking to which the worker intends to obtain it.

The application for obtaining the expert certification shall be made by the holder of the undertaking to which the applicant belongs, 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) To be completed 18 years at the time of the application to the Area or Dependence 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.

3. Minimum content of theoretical-practical training. -In accordance with the provisions of the previous paragraph, the holder of the undertaking to which the worker intends to obtain the certification of an expert for the use of a particular pyrotechnic article of category P2 shall organise the distribution of the relevant 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 program required for obtaining expert certification 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.

Elements for placement and utilization.

Protection from moisture and rain.

c) Basic safety training in the use of the pyrotechnic article of category P2.

Safety in the handling, storage, transport and use of pyrotechnic article of category P2.

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, 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 company to which they belong, based on the training program established in this section. The company will send a copy of this accreditation to the Industry and Energy Department of the relevant Government Delegation.

4. Expedition and validity. -Fulfilled the requirements described in the previous sections of this Technical Specification, the Area or Dependence of Industry and Energy of the corresponding Government Delegation will issue the corresponding certification of expert for the use of the pyrotechnic article P2 in particular, that will have validity in all 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.

Expert certifications will have an indefinite period of validity. However, every 5 years shall be submitted to the Industry and Energy Area or Dependence justification for the fulfilment 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 company ................................................................................................., with registered office for the purposes of notifications in .............................................................................................................., with C.I.F. /NIF/NIE n ° ........................................., n. ° of telephone ..............................., n. ° of fax ....................................

hereby 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 student card, of the Foreign Identity Card, or of the residence card of the family member 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

Expert certification for the use of pyrotechnic article of category P2:

.................................................................................................., 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.

Justification of high in the company.

Certificate of psycho-physical fitness of the aspiring expert, for such activity.

Documentary accreditation of the training given 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 demonstrate the workers ' ability to carry out the corresponding tasks specified in the Supplementary Technical Instruction 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:

Theoretical training course for the performance of pyrotechnic spectacles according to the programme set out in paragraph 3 of the Technical Specification 8.01.

The theoretical-practical course of expert for the use of pyrotechnic articles of category T2 according to the program set out in section 3 of the Technical Specification 8.02.

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.

2. 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, Tourism and Commerce 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:

Degree in Mines Engineering or Technical Engineering of Mines, Chemical Engineering or Bachelor of Science in Chemical Sciences

Work experience accredited in the pyrotechnic sector.

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:

Availability of adequate infrastructure and facilities to teach the theoretical classes.

Media materials, including audiovisual media.

Appropriate 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, Tourism and Commerce, which will examine the application and check the validity and sufficiency of the documentation provided. 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 ten days, after which, if the requirement has not been met, the applicant shall be deemed to waive the approval 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, Tourism and Trade, 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, Tourism and Trade, through its Directorate General for Energy Policy and Mines, will create and manage a trade 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 formative mode will be in-person.

The Directorate-General for Energy Policy and Mines, of the Ministry of Industry, Tourism and Trade, 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 approved programme and using the necessary means, it shall be cancelled.

Additionally, authorized training entities will have the following obligations:

(a) Allow the control and follow-up actions that the General Directorate of Energy Policy and Mines, of the Ministry of Industry, Tourism and Commerce, 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:

The name of the formative action.

Period of celebration.

Partition mode.

Identification of students, company and work center.

Place of partition.

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 C.I.F. /NIF/NIE n. º ............................................, n. telephone number ................................., no. fax .........................................

hereby 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 student card, of the Foreign Identity Card, or of the residence card of the family member 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 ........

Fdo:

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 the 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).

Requirement Justification:

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 pyrotechnics and cardboard tanks

1. Object and scope of application

This Technical Instruction develops the rules applicable to the installation, modification or transfer of workshops and deposits of finished pyrotechnics products.

2. Constructive requirements

The building of the storerooms will be performed by following the following constructive features:

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.

A receiving building, which is understood by such a building that can 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.

Dangerous building, understood by the one that houses one or several dangerous premises.

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.

Non-hazardous building: understanding by such a building or local installed within the perimeter of the facility intended for ancillary or ancillary tasks in which no manipulation or storage of regulated materials is permitted.

For the purposes of applying this Supplementary Technical Instruction and the separation of the working premises where regulated matter is handled, in the absence of specific test procedures in handling, the risk division 1.1 shall be assigned to those premises.

3. Distances

3.1. Distances to the environment:

The minimum distances to be observed at the site of the pyrotechnics workshops and the finished product deposits with respect to 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.

means of communication the public railway lines and the motorways, highways and highways with a circulation of more than 2,000 vehicles/day, as measured.

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 Supplementary Technical Instruction and that, in those distances, the corresponding to 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 the pyrotechnics workshop:

The minimum distances to be observed between the buildings or premises that make up the pyrotechnics workshop, whether they are hazardous or non-hazardous buildings, 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.

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 Supplementary Technical Instruction.

Risk Division 1.3 and 1.2

Coefficient K

* No distance regulation.

(1) Stop with an EI-60 fire resistance according to Royal Decree 312/2005.

(2) Pared with an EI-30 fire resistance according to Royal Decree 312/2005.

(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 a wall resistant to fire IS 60 according to Royal Decree 312/2005, of March 18, by which the classification of the construction products and the constructive elements is approved according to their properties of reaction and resistance to the fire, or similar structure, the distance can be reduced in half.

4. Defenses

This complementary technical instruction differentiates in several cases the fact that the 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 that occurred inside those premises and buildings. For these purposes, a single defence shall be supported to protect two buildings or premises, both being considered as having protection for the purposes of this supplementary technical instruction.

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 workshop for pyrotechnics and the deposit of finished products will be under the cover of a system of protection against rays as established in the Royal Decree 314/2006, of March 17, for which the Technical Code of the Building (CTE) is approved.

An initial inspection of the complete installation shall be carried out after the installation of the lightning protection installations, their extensions or modifications of importance. A periodic review of the entire facility should also be carried out every five years. Because of the importance it offers from the point of view of safety, for the verification of the grounding of the system of protection against lightning, an annual frequency is established.

The agents involved in the inspections, as well as the procedure to be followed, will be those established in the ITC-BT-05 "Verifications and inspections" of the electrotechnical regulation for low voltage, approved by Royal Decree 842/2002 of 2 August.

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 and scope of application

This complementary technical instruction is intended to prevent accidents involving products covered by the Regulation on pyrotechnic articles and cardboard, as well as the limitation of their impact on people and the environment.

Its provisions shall apply to workshops and warehouses of pyrotechnics and cardboard in which a serious accident may arise, being understood as such a fact (such as an issue, fire or major explosion) resulting from an uncontrolled process during the operation of any establishment, posing a considerable danger, whether immediate or deferred, to persons and/or the environment, inside or outside the establishment, and in which one or more explosive substances are involved.

In particular, this Technical Instruction shall apply when the maximum amount of regulated matter that is present, or may be, in the establishment at a given time exceeds the following thresholds:

Substance

Threshold (tons)
I	II
1. Explosive (1) when the substance, prepared or object corresponds to the 1.4 division of the ADR agreement	50	200
2. Explosive (1) when the substance, preparation or object corresponds to one of the divisions 1.1, 1.2, 1.3, 1.5 or 1.6 of the ADR agreement, or to the risk statements R2 or R3.	10	50

(1) Explosive:

A substance or preparation that creates risk of explosion by shock, friction, fire, or other sources of ignition (risk statement R2),

a substance or preparation that creates great risks of explosion by shock, friction, fire or other sources of ignition (risk statement R3), or

a substance, preparation or object considered in Class 1 of the European Agreement on International Carriage of Dangerous Goods by Road (ADR, United Nations), concluded on 30 September 1957, with its amendments, as incorporated into Council Directive 94 /55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road.

This definition includes pyrotechnic or detonating regulated materials which, for the purposes of this complementary technical instruction, are defined as substances (or mixtures of substances) intended to produce a detonating, calorific, luminous, sound, gaseous or fumigene effect or one of their combinations, by means of exothermic and self-sustained chemical reactions. Where a substance or a preparation is classified in both the ADR and the risk statements R2 or R3, the ADR classification shall take precedence over the allocation of the risk statement.

Class 1 substances and objects are classified in one of the divisions 1.1 to 1.4 according to the ADR classification system. These divisions, in line with the ADR, are as follows:

Division 1.1: substances and objects that present a mass explosion risk (a mass explosion is an explosion that almost instantly affects almost all of the load).

Division 1.2: substances and objects that present a risk of projection without risk of mass explosion.

Division 1.3: substances and objects presenting a risk of fire with a slight risk of shock or shock wave effects or both effects, but without mass explosion risk:

a) whose combustion results in considerable thermal radiation, or

(b) that they are burning next to others with minimal effects of shockwave or projection or both effects.

Division 1.4: substances and objects that only present a small risk of explosion in case of ignition or priming during transport. The effects are essentially limited to the packages and do not normally result in the projection of fragments of appreciable size or at great distances. An external fire should not involve the almost instantaneous explosion of almost all of the contents of the packages.

Division 1.5: very low sensitive substances which present a mass explosion risk, with a sensitivity such that in normal transport conditions there is only a very low probability of priming or that its combustion is transformed into detonation. It is required at least not to operate when the external fire test is submitted to them.

Division 1.6: extremely low-sensitive objects that do not pose a risk of mass explosion. Such objects shall not contain more than extremely low sensitive detonating substances and which present a negligible probability of baiting or accidental propagation. The risk is limited to the explosion of a single object.

In this definition, the pyrotechnic regulated 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 Supplementary Technical Instruction. If the quantity is not known, the entire object will be treated as explosive.

In the case of an establishment in which 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 Supplementary Technical Instruction are applicable to that establishment. If the sum:

q₁/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.

No account shall be taken of stocks of regulated materials in quantity equal to or less than 2% of the quantity indicated as a threshold, where their situation within the establishment is such that it cannot be at risk of the spread of the explosion to other regulated matters.

For the purposes of this Supplementary Technical Instruction, the presence of dangerous substances shall mean their actual or anticipated presence in the establishment or their occurrence which may, where appropriate, be generated as a result of the loss of control of a process, in quantities equal to or greater than the thresholds set out in this paragraph.

2. General provisions

1. The holder of a pyrotechnics or cardboard workshop is obliged to take all necessary measures to prevent serious accidents and to limit the consequences for people and the environment.

2. Competent authorities are considered to be competent for the purposes of this Technical Instruction to be complementary to the Government Delegates in the Autonomous Communities or, where appropriate, the Government Subdelegates, 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. Likewise, to the Directorate General for Civil Protection and Emergencies of the Ministry of the Interior for the purposes set out in Article 16.1 of Royal Decree 1254/1999 of 16 July 1999, approving measures to control the risks inherent in serious accidents involving dangerous substances, as well as in their subsequent amendments.

3. Manufacturers, whose establishments are implementing this additional technical instruction, are obliged to send a notification to the Delegation of the Government of the Autonomous Community where they contain at least the information and the data:

a. Number of industrial registration.

b. Name or business name of the operator and complete address of the establishment, telephone and fax.

c. Registered office of the industrial and complete address, as well as telephone and fax.

d. Name or position of the person responsible for the establishment, in the case of a person other than the operator referred to in paragraph b, and the information necessary for its location 24 hours a day.

e. Sufficient information to identify hazardous substances:

Chemical name, CAS number, IUPAC nomenclature, other possible identifying names.

Maximum amount of the substance (s) present or which may be present (s).

If the substance or preparation is used in process or store.

Physical, chemical and toxicological characteristics and indication of hazards, both indirect and deferred for people, goods and the environment.

f. Activity or activity envisaged in the facility or storage area.

g. Brief description of the technological processes.

h. Plan for the establishment and distribution of its facilities.

i. Description of the immediate environment of the establishment and, in particular, of elements capable of causing a serious accident or of aggravating its consequences, such as establishments or facilities, equipment, holdings, infrastructure, etc.

In the case of new establishments, the documentation will be submitted together with the application for authorization of the establishment, avoiding its duplicity.

3. Exceeding the threshold I

In the case of exceeding the threshold I, in addition to the notification, the competent authority shall require the holders of the workshop or deposit to draw up a document defining its policy for the prevention of serious accidents and, in particular, a safety management system including the organisational structure, responsibilities, practices, procedures and resources that enable the definition and implementation of such a policy for the prevention of serious accidents.

This document shall be kept at the disposal of the competent authority in order to be able to demonstrate at all times and, in particular with regard to checks and inspections, that all the measures envisaged have been taken.

The document shall expressly indicate the names of the relevant organisations involved, where appropriate, in their preparation and shall also include the updated inventory of the existing hazardous substances in the establishment.

The document should also address the following aspects:

a. Overall objectives, guidance and specific objectives in relation to the control of major accidents.

b. Principles and criteria on which the measures taken to prevent serious accidents and to deal with them are based.

c. Identification of the hazards of a major accident.

d. Measures deemed necessary to prevent serious accidents.

e. Measures deemed necessary to limit the consequences of major accidents on persons and the environment.

f. Organisation and procedures necessary for the implementation and management of the policy for the prevention of serious accidents, as well as the appointment of staff with appropriate qualifications and training.

g. Programme for implementation, assessment of effectiveness and the introduction of improvements.

h. Regular review of the policy for the prevention of major accidents and the management system by the main managers of the establishment, in order to verify their effectiveness with respect to the relevant rules.

4. Exceeding threshold II

Generalities:

In the case of exceeding threshold II, the competent authority shall, in addition to the notification, require the holders of the workshops or deposits to submit a safety report, which shall state expressly the names of the relevant organisations involved in its preparation and shall also include the updated inventory of the existing hazardous substances in the establishment. Furthermore, the outcome of the assessment of the extent and severity of the consequences of major accidents, contained in the safety report, shall include the boundaries of the areas which may be affected by such accidents occurring in the establishment, subject to the provisions on confidentiality of the data.

The security report will have the object:

a. To demonstrate the implementation of the policy for the prevention of major accidents and the management systems and related procedures, as specified in the case of threshold I.

b. Demonstrate that the design, construction and, where appropriate, the evacuation of the pyrotechnics workshop or deposit meet the safety and reliability requirements.

c. Prove that the operating and maintenance conditions of the pyrotechnics workshop or warehouse are safe.

d. Specify the requirements and operational limits of the establishment with regard to technical, organisational and management measures aimed at preventing major accidents.

e. Ensure that security is maintained at a constant level through periodic reviews.

f. Ensure emergency preparedness and appropriate action in the event of a major accident.

g. Provide sufficient information to the competent authorities to enable them to make decisions on the location and occupation of the land in respect of the new establishments and on the extension of existing establishments.

Security report:

The security report, will contain the data and the following information:

1. Information relating to the establishment, namely:

a. Geographical location of the establishment and prevailing meteorological conditions, as well as sources of danger arising from its location.

b. Maximum number of persons working in the establishment and in particular persons exposed to the risk of a serious accident, as well as an indication of the maximum number of persons who may be present in the establishment at any given time.

c. Overview of the technological processes for each installation.

d. Description of the sections of the establishment which are important from the point of view of safety, sources of danger and circumstances in which a major accident may occur, together with a description of the intended preventive measures.

2. Information concerning the dangerous substances of each installation or warehouse or present in any other part of the establishment and which may lead to the creation of a serious accident risk:

a. Composition of the dangerous substances present in important quantities, including their chemical name, the CAS number, their name according to the IUPAC nomenclature, other names, the empirical formula, their degree of purity and the main impurities with their relative percentages.

b. Quantity (order of magnitude) of the hazardous substance (s) present.

c. Methods and precautions established by the operator in relation to handling, storage and fire.

d. Methods available to the operator to make the substance harmless.

e. Indication of risks, both immediate and deferred, for people and the environment.

f. Physical or chemical behavior under normal conditions of use during the process.

g. Forms in which substances may be presented or in which substances may be processed in the event of foreseeable abnormal circumstances.

3. Installation or warehouse information:

a. Methods of detection and determination of the establishment, including a description of the methods used or the references in the scientific literature.

b. The status of the installation in which the substances are involved or may be involved.

c. Where appropriate, other dangerous substances the presence of which may have an effect on the potential hazard of the installation.

d. Provisions adopted to ensure that the technical means necessary for the safe operation of facilities or warehouses are available at all times and to resolve any breakdown that may arise.

4. Information regarding possible serious accidents:

Demonstration that major possible major accident situations do not produce a domino effect that may affect adjacent facilities, warehouses or establishments.

5. Identification and analysis of accident and preventive means risks:

a. A detailed description of the situations in which possible accidents may occur and under which conditions may occur, including the summary of events which may play a role in the activation of each of the situations, whether the causes of internal or external origin to the installation.

b. Assessment of the extent and severity of the consequences of serious accidents that may occur.

c. Description of the technical parameters and equipment installed for the safety of the installations.

6. Protection and intervention measures to limit the consequences of the accident:

a. Description of the equipment with which the installation has to be used to limit the consequences of major accidents.

b. Organisation of surveillance and intervention.

c. Description of the internal or external media that can be mobilised.

d. Summary of the elements described in paragraphs a, b and c necessary to constitute the internal emergency plan.

7. Information concerning the management system and the organisation of the establishment, in so far as it concerns the prevention of serious accidents, preparedness and response to them:

a. Summary of the policy of prevention of serious accidents applied by the operators.

b. Summary of the organizational structure to achieve the purposes and objectives of the policy of prevention of serious accidents, including the position and names of the persons to whom they are responsible and their corresponding functions.

c. Management systems used to control, verify and review the content and implementation of the policy for the prevention of serious accidents, including safety performance assessment.

d. Analysis of the training needs of the persons responsible for the implementation and supervision of the policy for the prevention of serious accidents.

e. Summary of critical safety procedures, including an assessment of potential human errors, for the operation, maintenance and preparedness for existing emergencies in the establishment and in facilities or warehouses.

f. Security procedures adopted to plan modifications to existing facilities or storage, or the design of a new facility or warehouse.

g. Participation of staff, including any contractors, in the policy of prevention of serious accidents, their implementation and evaluation.

h. Internal system used to report accidents or dangerous events, in particular those in which protection measures fail, their investigation and monitoring.

The safety report may be adapted to the contents specified in Article 4 of the Basic Civil Protection Directive for the control and planning of serious accidents involving dangerous substances, approved by Royal Decree 1196/2003 of 19 September.

Once the safety report has been evaluated, and prior to the operation of a pyrotechnics workshop or warehouse, the competent authority shall, within a maximum of six months, decide on the safety conditions of the establishment in respect of major accidents indicating that it considers the report to be satisfactory, or to request further information, to be submitted within three months, or to prohibit the entry into operation.

Emergency Plan:

In the case of workshops or deposits included in threshold II, the operator must also draw up an internal emergency plan, known as a self-protection plan, the approval of which by the competent authority must be prior to the entry into operation of the installation, in order to:

Contain and control incidents so that their effects are reduced to a minimum, as well as limiting harm to people and the environment.

Apply the necessary measures to protect people and the environment from the effects of serious accidents.

Communicate relevant information to the population and other interested services or authorities in the area.

Provide for the reconstitution of the environment and the cleaning of the site after a major accident.

The self-protection plan shall be drawn up after consultation of the establishment's staff, in accordance with the provisions of Chapter V, concerning the consultation and participation of workers, of Law 31/1995 of 8 November of the Prevention of Occupational Risks.

In the context of the obligations arising from the coordination of business activities referred to in Article 24 of the Law of 8 November 1995 on the Prevention of Occupational Risks, the owner of the establishment shall carry out the contents of the emergency plan to those undertakings whose workers are in a stable way to carry out activities in that establishment, in order to enable them to consult their employees in the terms of Chapter V of that Law. These undertakings must send the comments received from their employees to the employer. The duty of cooperation in this field shall apply to all undertakings and self-employed persons engaged in activities in that establishment.

That self-protection plan must contain:

a. Names and posts of persons authorised to put in place emergency procedures and person responsible for coordinating the evacuation measures of the establishment.

b. Name and post of the person responsible for coordination with the authority responsible for the external emergency plan.

c. In each circumstance or event which may lead to a serious accident, a description of the measures to be taken to control the event or event and limit its consequences, including a description of the safety equipment and the available resources.

d. Measures to limit the risks to persons on the spot, including the way in which alarms are given and the measures expected to be taken by persons after the warning has been received.

e. Measures to give a prompt warning of the incident to the authority responsible for implementing the external emergency plan, the type of information to be collected by an initial alert and measures to provide more detailed information as it becomes available.

f. Measures to train staff in the tasks expected to be carried out and, where appropriate, coordination with the external emergency services.

g. Measures to assist external palliative operations.

The competent authority shall organise a system to ensure the periodic review, the test and, where appropriate, the modification of the self-protection plans, at appropriate intervals which shall not exceed three years. The review shall take into account both the changes that have taken place in the establishments concerned, as well as the organisation of the working equipment, as well as the new technical knowledge and knowledge of the measures to be taken in the event of a major accident.

5. Review and update

In the case of substantial modification of the establishment the competent authority shall ensure that the holder:

Review and, where appropriate, modify the policy for the prevention of serious accidents, as well as the management systems and procedures referred to in paragraphs 3 and 4 of this Supplementary Technical Instruction.

Review and, where appropriate, modify the safety report and report in detail to the competent authority of such modifications before proceeding.

In any case, the security report should be reviewed and, if appropriate, updated periodically, as follows:

At least every five years.

Whenever so requested by the competent authority.

At any time, to take into account, where appropriate, technical innovations in the field of safety and the development of knowledge related to the assessment of hazards.

6. Action in the event of an accident

The competent authority shall ensure that the operator is obliged to comply, as soon as possible after a major accident and by making use of the most appropriate means, as follows:

a. inform the competent authorities.

b. communicate the following information to you as soon as you have it:

the circumstances of the accident.

the dangerous substances involved in it.

the data available to assess the effects of the accident on people and the environment.

emergency measures taken.

c. inform them of the measures planned for:

alleviating the effects of the accident in the medium and long term.

prevent the accident from repeating itself.

update the information provided, in the event that more rigorous investigations reveal new facts that modify that information or the conclusions that may be drawn from it.

7. Surveillance and control

The competent authority shall ensure that all operators show, at any time, and in particular with regard to the checks and inspections provided for in the Regulation on pyrotechnic articles and cardboard, that they have taken all the necessary measures provided for in this Supplementary Technical Instruction.

The competent authority must:

(a) ensure that emergency measures are taken and the medium-and long-term measures that are necessary.

b) collect, by means of inspection, investigation or other appropriate means, the information necessary for a complete analysis of the serious accident in the technical, organisational and management aspects.

(c) take appropriate measures to ensure that the industry takes the necessary palliative measures.

d) to make recommendations on future prevention measures.

8. Criteria for the notification of an accident to the European Commission

(a) The Government Delegation shall inform the Directorate-General for Civil Protection and Emergencies, in order to be able to 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:

one death,

six people injured within the facility who require hospitalization for 24 hours or more,

a person outside the establishment who requires hospitalization for 24 hours or more,

housing (s) located outside the damaged establishment (s) and unusable because of the accident,

evacuation or confinement of persons for more than 2 hours [(persons x hours): the product is equal to or greater than 500],

interruption of drinking water, electricity, gas or telephone services for more than 2 hours [(persons x hours): the product is equal to or greater than 1000].

3. Direct damage to the environment:

Long-term or permanent damage caused to terrestrial habitats on the following surface:

0.5 hectares or more of an important habitat from the point of view of the environment or conservation and protected by law,

10 hectares or more of a more widespread habitat, including labor lands.

Significant or long-term damage caused to surface water habitats or marine habitats of the following extent or area:

10 kilometers or more of a river, channel or stream,

1 hectare or more of a lake or pond,

2 hectares or more than one delta,

2 hectares or more of a coastal or maritime area.

Significant damage caused to an aquifer or groundwater on the following surface:

1 hectare 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 involving the direct involvement of a dangerous substance 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).

9. Bans

The competent authority shall prohibit the operation or entry into service of any establishment, installation or storage area, or any part thereof, if the measures taken by the operator for the prevention and reduction of serious accidents are manifestly insufficient.

The competent authority 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 Supplementary Technical Instruction within the time limit set.

10. Inspections

1. The inspections shall be carried out at least annually by the Areas and Dependencies of Industry and Energy in the province where the establishment is located by means of a system which shall enable a planned and systematic examination of the technical, organisational and management systems applied in the establishment, in order to enable the operator to demonstrate, in particular:

which has taken appropriate action, taking into account the activities carried out in the establishment, to prevent serious accidents.

which has taken appropriate measures to limit the consequences of serious accidents inside and outside the establishment.

that the data and information provided in the security report or in another of the submitted reports accurately reflects the security of the establishment.

which has established programmes and informed staff of the establishment on protective and action measures in the event of an accident.

2. The inspection system provided for in paragraph 1 above shall meet at least the following conditions:

a. there must be an inspection programme for all establishments.

b. a report shall be drawn up after each inspection.

c. monitoring of each inspection carried out shall be carried out, where appropriate, in collaboration with the management of the establishment within a reasonable period of time after the inspection.

11. Information to the population regarding security measures

The competent authority in collaboration with the establishments industry shall ensure that persons who may be affected by a serious accident which starts in such establishments receive the information on the safety measures to be taken and on the behaviour to be taken in the event of an accident.

This information will be reviewed every three years and, in any case, when a substantial modification is authorized.

The information will at least contain the data set out in Annex V to Royal Decree 1254/1999 of 16 July 1999 approving measures to control the risks inherent in major accidents involving dangerous substances.

The competent authority shall, in each case, ensure that the safety report is made available to the public. The industry may request that it not disclose to the public certain parts of the report, for reasons of confidentiality of an industrial, commercial or personal nature, of public security or of national defense. In such cases, with the agreement of the competent authority, the operator shall provide the authority and make available to the public a report excluding these parts.

The information to the public about the security measures envisaged will be of a nature of confidentiality in the sections that affect public security and the confidential nature of international relations and national defense. All persons who, in the exercise of their professional activity, may have access to this information, are obliged to keep professional secrecy about their content and to ensure their confidentiality.

The competent authority shall transmit to the Directorate-General for Civil Protection and Emergencies of the Ministry of the Interior, the supporting documentation of the fulfilment of the obligation of information to the population on the intended security measures, for the purposes of its referral to the European Commission.

With regard to the external emergency plans and the information to the population concerning the security measures, the additional provision of Royal Decree 1254/1999 of 16 July 1999 laying down measures for the control of the risks inherent in serious accidents involving dangerous substances, as amended by Royal Decree 119/2005 of 4 February 1999, will apply.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 11

Services for the immediate protection of workshops, warehouses and transport of metal cardboard in more than 5,000 units and of 12,000 for the size 22, as well as for explosive-cut explosive with destination for the manufacture of pyrotechnic articles.

Without prejudice to the compliance with the specific rules that regulate each case and in compliance with how much the regulation of pyrotechnic articles and cardboard determines, in this complementary technical instruction the measures of citizen safety in the various establishments and during the transports are detailed.

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:

Number of security guards per shift.

Number of shifts.

Number of surveillance posts.

Responsible for security.

Physical security:

Conditions of facades, doors, perimeter fencing and electronic protection, where applicable.

Reaction time.

Connection to communication center.

Connection to 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, as a minimum, that specified in Annex I to this Supplementary Technical Instruction for each type of installation, depending on the maximum storage capacity, and shall be approved, where appropriate, by the Central Intervention of Arms and Explosives.

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 competent Civil Guard, 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 forty-eight hours in advance, any company that intends to transport the subjects regulated in the Regulation of pyrotechnic articles and cardboard for the national territory, in both internal activities, transfers, import, export or transit, will present for approval, if necessary, in the case of the Intervention of Arms and Explosives of the Command of origin or of entry into the national territory, an application accompanied by 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, with the characteristics to be determined, as well as with the operational centers of Civil Guard services of all the affected provinces, through one or more 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 the transports of the subjects regulated in this complementary technical instruction 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 the transport of explosive wick to be used for the manufacture of pyrotechnic articles, provided that the transport of the material is cut into pieces that do not exceed 45 centimetres in length and the quantity of regulated net matter transported does not exceed 450 kilograms. This Plan will be replaced by the communication document set out in Annex II of this Supplementary Technical Instruction, which will be presented 48 hours in advance of the Intervention of Weapons and Explosives of origin or of entry into the national territory.

The transport of wick under conditions other than those described in the previous paragraph, will be of full application the complementary technical instruction number 1 "Services of immediate protection of the factories, workshops, depots and transports of explosives" of the Regulation of explosives, approved by Royal Decree 230/1998, of February 16, as well as to the other explosive materials.

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:

Initial transhipment station.

Identification of the circulation.

Expected time of output.

Approximate time of arrival to the next final destination station.

Itinerary.

Stops (place, time, and duration), if any.

Time of each stop.

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:

Initial dock.

Identification of the fluvial medium.

Expected time of output.

Approximate time of arrival to the dock near the final destination.

Itinerary.

Stops (place, time, and duration), if any.

Time of each stop.

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:

Initial zone or dock.

Identification of the means of transport.

Expected time of output.

Approximate time of arrival to the zone or dock near the final destination.

Itinerary.

Stops (place, time, and duration), if any.

Time of each stop.

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 citizens ' safety plans and the physical and electronic security systems referred to in paragraph 1 of the Supplementary Technical Instruction No 11 of the Regulation on pyrotechnic articles and cardboard should clearly specify the following aspects:

Perimeter fenced:

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 bayonets inclined 45º outwards.

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 whole underside of the side of the side of the side of the side of the side or the concrete or block or any other solid and rigid structure is chosen by means of a concrete drawing, 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; distance which may be halved by means of artificial defences.

The emergency or work safety doors shall be fitted with a security lock in which the lock shall be fitted with an end-of-run device to prevent the control unit from allowing the installation to be secured without locking the key.

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 regulated product stores, 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 regulated product stores, they must be shared with the regulated matter with an IP level of protection 54. 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 at the distance necessary so that between two consecutive elements there are no points without detection, with the ability to detect any attack against the parts of the buildings.

The detection elements must be installed on the walls of the storage buildings, with a minimum level of protection IP54.

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.

Systems and communication lines monitoring will be done twice in 24 hours. 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 office, will be by conventional means provided with a communication of support via GSM, for situations of cutting or failure of the first.

Control system:

All active elements must be controlled by a control and centralization unit, with the following characteristics:

Dispose of sufficient system analysis zones.

Power to connect each of the elements independently with independent programming.

Power to group detection zones into parcelations based on the buildings and areas of the installation.

Independent emergency power support system with its own power supply.

Connecting to telephony systems.

Relay output capabilities for action on them depending on the needs of the installation.

Control keyboard.

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 ENV standard 1627:1999 metal or of local manufacturing with steel chassis, 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:

Aperture detectors.

Presence Detectors.

Seismic detectors.

Anti-sabotage elements.

Emergency push buttons.

Control Unit.

Monitoring of Communication Lines.

Connection to CRA.

Connection to the Aquartelement or Designated Unit.

The passive protection media 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 or industrial panels of double sheet steel and intermediate insulating product; doors of class 6 for attacks of manual refraction according to norm ENV 1627:1999, 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 lock of high safety, with key of high security; aeration holes and translucent zones protected by fixed security fence.

Plus Building. -Building with concrete walls, with resistance to the intrusion similar to that of the walls, well in traditional roof of tile or industrial panels of double sheet steel and intermediate insulating product; doors of class 6 for attacks of manual refraction according to norm ENV 1627:1999, 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 lock of high safety, with key of high security; 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:

Common media.

Basic building.

Option B, for installations with a maximum storage capacity authorized between 10,000 and 25,000 kilograms of regulated matter:

Common media.

Basic building.

Perimeter detection systems.

Option C, for installations with a maximum authorized storage capacity exceeding 25,000 kilograms of regulated matter:

Common media.

Plus Building.

Perimeter detection systems.

CCTV systems associated with protection elements with transmission to CRA.

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 occur and as set forth in this Supplementary Technical Instruction.

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:

Some element of the perimeter detection system.

The detector/presence activation is present.

A seismic detector.

It is considered an alarm, the signal produced by the activation of any of the following elements:

An open detector.

More than one seismic detector.

Any anti-sabotage element.

Any emergency push-button.

The lack of communication between the control unit and the alarm receiver.

Any of the following cases will also be considered alarm:

The activation of the perimeter detection system and of any of the interior detectors.

The joint or chain activation of more than one internal detection element.

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 impact on the security that is defined as an alarm in this Supplementary Technical Instruction, and that it will not be resolved before the end of the working day, when this moment is reached, the human surveillance service provided for in the plan of citizen security of the installation will be established for these assumptions, according to the systematic and protocol previewed 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.

ANNEX II

Explosive mecha road transport communication for use in the manufacture of pyrotechnic articles, in pieces not exceeding 45 centimetres in length and a net material quantity not exceeding 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: Pacemaker: __Model________________________

5. DATA OF THE TOR.

5.1 First and last names:

5.2 N. Driving Meat:

5.2 N. ADR Certificate:

	Driver/Responsible	Security Watcher
(Signature and NIF/NIE.)	(Signature and NIF/NIE.)

AWARE:

Source Weapons and Explosives Intervention

(Seal and signature)

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 12

Treatment of products intended for disposal or inertization

1. Object and scope of application

This complementary technical instruction is intended to establish the minimum requirements to be observed in the management of the elimination or inertization of the declassified products. For this type of products, Law 10/1998 of 22 April of Waste will be of application in accordance with the provisions of its article 2.2.

The management of the waste of the classified products, whether or not they have the consideration of dangerous ones, coming from the activity of the workshops of pyrotechnics, deposits of finished products, performance of spectacles and sale to the public, that they do not present the remains of regulated matter, will be governed by the Law 10/1998, of April 22, of Waste, the Royal Decree 833/1988, of July 20, for which the regulation of hazardous waste is approved and the remaining provisions of development.

2. Types and classification of declassified products intended for disposal or inertisation

Unclassified products falling within the scope of this Supplementary Technical Instruction shall be classified in one of the following groups on the basis of the reason why they acquire such qualification:

Type	Description
M1	Industrial Process Restas.
M2	Pyrotechnic article or regulated matter out of standard or specifications.
M3	Pyrotechnic article or expired regulated matter.
	Failed to fire, damaged, or deteriorated pyrotechnic article.
M5	pyrotechnic article or regulated matter from the closure of authorized workshops, depots, or sales establishments.
M6	Pyrotechnic article or seized regulated matter, prohibited by existing or equivalent legislation.
M7	Other pyrotechnic articles or regulated subjects.

Where products intended for disposal or inertisation 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 (storage, transport, disposal or inertisation). To do this, the following additional classification will be established:

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

1. Products falling within the scope of this Supplementary Technical Instruction shall be subject to a process of elimination or inertisation 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 may be entirely carried out by means of its own, by means of other or mixed means.

2. Only the undertakings and/or entities authorized for this purpose and the pyrotechnics workshops and finished product depots which have a place of conditioning and suitable facilities and procedures for such activity, pursuant to this Supplementary Technical Instruction, may carry out the activity of eliminating or inertizing the products covered by this Technical Instruction only, in accordance with this complementary technical instruction, and shall have the appropriate authorization of the Delegation of Government in the Autonomous Community, prior to the report of the Area of Industry and Energy.

3. The requirement laid down in point 2 relating to the disposal of the place, facilities and procedures for disposal or inertisation authorised by the Government Delegation, and/or the transfer of the 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 authorisation of the commissioning of the said workshop or deposit.

4. Approved retail establishments shall be responsible for the defective, damaged or expired products which 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 inertisation of their suppliers or entities authorised for the purpose of carrying out the relevant disposal or inertisation. 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.

5. The obligation to carry out the treatment laid down in this Supplementary Technical Instruction for 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. 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 manufacturer of the articles or, where appropriate, the importer who introduced them to the domestic market or the companies which, not being manufacturers or importers, are specifically authorized to carry out these operations.
	Titling the pyrotechnics workshop or finished 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 seized products will be the Government Delegation in the Autonomous Community where the seizure occurs. 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.

6. Those responsible for products intended for disposal or inertisation may only implement treatments authorised for this purpose and must bear the costs resulting from them.

7. The State Administration shall establish the most appropriate inertisation treatment in those cases where it is responsible, by means of undertakings or entities authorised for that purpose.

8. The treatment of products intended for disposal or inertisation must include all stages since the product is originated until it is subjected to the activity of disposal or inertisation, or has been transferred to an authorised entity.

9. Disposal or inertisation treatments shall be covered by a liability insurance covering all stages of the treatment including, where appropriate, the disposal or inertisation procedures applied.

10. The entry and exit of products intended for disposal or inertisation shall be reflected in the records of the finished product depot or the pyrotechnics workshop.

4. Treatment of products intended for disposal or inertisation

4.1 Packaging.

Products intended for disposal or inertisation 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 inertisation must be compatible with the pyrotechnic materials to be contained.

The method of packaging 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 inertisation are packaged.

4.2 Labelling.

Packaging or packaging of products intended for disposal or inertisation, which are to be transferred to authorised entities, shall include a label or marking with at least the following information:

Phrase "Remove or Inertization".

Type and class, if any, of the product, in accordance with paragraph 2 of this Supplementary Technical Instruction. 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 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 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 safety 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 innertised.

4.4 Transport.

The transport of products destined for disposal or inertization 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.

The workshops, finished product depots and collaborating entities authorized to perform the elimination or inertization of the products covered by this Supplementary Technical Instruction shall include in the application for authorization the procedure for the transportation of the products from the place of their generation or collection to their facilities, and from these to the place where the own removal or inertization takes place, 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 inertisation.

4.5 Removal or inertization procedure.

The removal or inertization procedure is the last step in the treatment of products falling within the scope of this Supplementary Technical Instruction.

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 removal or inertization of the products.

Analyze the risks associated with the procedure and facilities to perform the elimination or inertization, existing on 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.

5. Authorisation of disposal or inertisation treatments

For the authorisation of disposal or inertisation treatments, an application containing the following shall be submitted to the Delegation of the Government of the Autonomous Community where the applicant is established:

Procedures or instructions for the packaging, labelling, storage and transport of products intended for disposal or inertisation.

In the case of disposal of products for disposal or inertization to a pyrotechnics workshop, finished product depot or an undertaking or entity authorised for that 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 procedures to be applied.

Identification of the type of products intended for disposal or inertization subject to the transfer agreement.

In the case of application of own elimination or inertization procedures:

Descriptive documentation of the inertization procedures as set out in point 4.5 of this Supplementary Technical Instruction.

Identification and description of the site and facilities suitable for the application of the relevant removal or inertisation procedure.

Civil liability insurance policy for such activity.

In view of the application and documentation submitted, the Government Delegate may grant the corresponding authorization or request additional information to assess the compliance with this additional technical instruction.

The authorization may be subject to additional constraints based on factors such as the method chosen for disposal or inertization 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.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 13

Electrical installations and equipment in classified areas with the presence of regulated matter

1. Object and scope of application

purpose of this supplementary technical instruction is to lay down 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 cartwork in which regulated materials are present or may be presented, in order to preserve the safety of persons and property and to ensure the normal operation of such installations.

Electrical equipment and installations located in those non-hazardous areas where no regulated materials are present shall be governed by the applicable regulations applicable, and in particular by the Electrotechnical Regulation for Low Voltage, approved by Royal Decree 842/2002 of 2 August 2002.

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.

2. Classification of sites

To establish the requirements to be met by the constituent elements of electrical equipment and installations located in the hazardous areas where regulated materials are present or present, the following classification of zones is established:

F0 zones: those areas of process where the explosive material or mixture is found in the form of dust permanently, frequently or for long periods.

F1 zones: those areas of process or storage in which the regulated matter is likely to be occasionally in the form of normal operating dust.

F2 zones: those areas of process or storage where the regulated matter is unlikely to be in the form of normal operating dust, and if it does, it is for a short period of time.

In the area covered by the same building, there may be areas classified with different levels of danger.

3. General requirements

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.

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. Components of sectioning must be installed in non-hazardous areas for the complete or partial disconnection of the rest of the electrical installations in classified areas.

4. Those types of construction must be selected which allow for the smallest possible accumulation of dust on the electrical equipment and which are easy to clean.

5. For the 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.

6. In the design of electrical installations measures must be taken to reduce the effects of electromagnetic radiation at a safe level.

7. Portable electrical equipment may only be used in classified areas where its 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.

8. Any 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.

4. Particular requirements for F0 zone equipment

1. Electrical equipment.

The maximum surface temperature of electrical equipment must be at least 75 K lower than the minimum decomposition temperature determined according to UNE 31.017 for each of the possible explosive materials or mixtures that may be present in zone F0.

If, for technical reasons, electrical equipment with a surface temperature does not exist which ensures compliance with the requirement of the preceding paragraph, appropriate measures must be taken to ensure that dangerous reactions of explosive materials or mixtures which may come into contact with these surfaces do not occur.

Electrical equipment to be used in F0 zones shall have one of the following protective modes:

tD A20, according to UNE-EN 61241-1.

iaD, according to UNE-EN 61241-11.

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 electrical equipment Ex tD A20, the surface temperature of the equipment will be increased as set out in UNE-EN 61241-14.

2. Derogations and additional requirements for certain electrical equipment.

Luminaries: The light source shall be protected by transparent cover protected by mesh size not exceeding 50 mm² with an impact resistance of at least 1 July. The covers that give access to the lamp holder and other internal parts of the luminaires must be locked to a device that automatically disconnects all the poles of the lamp holder when it is opened. Otherwise they must be marked with the warning sign "Do not open in tension".

Electrical machines: Certified engines with ex-tD 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 4.1 of this Supplementary Technical Instruction.

Electrical heating: The use of electric heating is not permitted in F0 areas.

Electrical protection and control device: 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 stress when the fuses are not properly enclosed. If not, the housing must bear the signal with the warning "Do not open in tension".

Current and Prolonged Tomas: In F0 Zones the installation of power sockets and the use of extensions is not permitted.

5. Particular requirements for equipment for F1 zones

1. Electrical equipment.

The maximum surface temperature of electrical equipment must be at least 75 K lower than the minimum decomposition temperature determined according to UNE 31.017 for each of the possible explosive materials or mixtures that may occur occasionally in the F1 zone, without exceeding any 473 K.

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.

Electrical equipment to be used in F1 zones must have one of the following protection modes:

tD A20 or tD A21, according to UNE-EN 61241-1.

iaD or ibid, according to UNE-EN 61241-11.

2. Derogations and additional requirements for certain electrical equipment.

Luminaries: They must comply with the additional requirements of paragraph 4.2.1 of this Supplementary Technical Instruction.

Electrical machines: Ex-tD engines fed at frequency and variable voltages to be used in F1 zones, must additionally have means of protection by direct control of the temperature that allow to limit the surface temperature of the engine body according to paragraph 5.1 of this Supplementary Technical Instruction.

Electrical heating: The surface temperature of the apparatus on smooth surfaces shall not exceed 393 K. The electric heating of the premises and processes will have the protection mode "tD A20" or "tD A21" and additionally must have a double temperature control device.

Electrical protection and control apparatus: The additional requirements required in paragraph 4.2.4 of this Supplementary Technical Instruction shall be met.

Current and long-running sockets: The "tD A" sockets 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 equipment for F2 zones

Electrical equipment.

Electrical equipment to be used in F2 zones must have one of the following protection modes:

tD A20, tD A21 or tD A22 according to UNE-EN 61241-1.

iaD or ibid according to UNE-EN 61241-11.

In the case where the explosive material or mixture is formed by conductive powder, that is, its electrical resistivity is less than or equal to 103 mm-m, the "tD A22" envelopes must have an IP 6X degree of protection.

7. Particular requirements for installations in hazardous areas

7.1 Union 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.

7.2 Limitation of defect streams to land.

TN System.

In hazardous areas only the system of type TN-S can be used, i.e. the neutral driver and the driver must not be connected to each other, nor combined in a single driver.

TT System.

If this type of system is used, in F0 and F1 zones it 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.

7.3 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.

7.4 Electrical Separation.

The electrical separation shall be in accordance with paragraph 413.5 of the IEC 60364-4-41 standard for single-team feeding.

7.5 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 Mover.

The relative humidity of air in F0 and F1 zones located in non-outdoor locations will be between 50 percent and 70 percent.

The footwear and clothing provided to workers who carry out their activity in F0 or F1 zones must be certified in accordance with Royal Decree 1407/1992 of 20 November, which regulates the conditions for the marketing and free movement within the Community of individual protective equipment, in addition to other requirements, requirement 2.6 of Annex II thereto. In addition, the footwear, whether security, protection or work, shall be of a conductive type, with a maximum resistance of 10⁵ (measured according to UNE-EN ISO 20344), and must be identified in the marking with a symbol "C". The protective clothing shall conform to the standard UNE-EN 1149 parts 1 or 3 and shall be identified with the corresponding safety pictogram.

The pavement installed in F0 and F1 zones will have a maximum resistance of 2.5 • 10⁵ measured according to UNE-EN 61340-4-1.

It should be possible to have conductive means of electrostatic discharge for the unloading of the workers both before their access to F0 or F1 zones, and during the development of their work in these areas.

7.6 Catodic protection of metal parts.

In F0 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.

7.7 Cabling Systems.

For intrinsic safety installations, cabling systems will meet the requirements of the UNE-EN 61241-14 standard and the UNE-EN 60079-25 standard.

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 MIE-BT 21 Instruction Instruction 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.

7.7.1 Cable requirements.

The cables to be used in the wiring systems at sites classified as F0, F1 and F2 zones shall be:

a) On fixed installations:

Minimum Allocated Voltage Cables of 450/750 V, insulated with thermoplastic or thermosetting mixtures, installed under rigid or flexible metal tube (according to 7.7.2) as standard UNE-EN 50086-1.

Cables built so that they have mechanical protection. They are considered as such:

Cables with mineral insulation and metal cover, according to UNE 21157 part 1.

Cables with galvanized steel wire and non-metallic outer cover, according to the UNE 21123 series.

Cables in fixed installations must comply with respect to the reaction to the fire, as indicated in UNE 20432-3.

b) On portable or mobile equipment power:

Cables with polychloroprene cover according to UNE 21027-4 or UNE 21150, suitable for mobile, minimum voltage assigned 450/750 V, flexible and minimum section 1.5 mm². The use of these flexible cables shall be restricted to what is strictly necessary and not more than a length of 30 metres.

7.7.2 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 ITC MIE-BT Instruction 29 "Special provisions for the electrical installations of the premises at risk of fire or explosion" of the electrotechnical regulation for low voltage.

7.7.3 Non-authorized cabling specific methods in F0 and F1 zones.

The following cabling systems are not allowed to be used in F0 and F1 zones:

Naked drivers.

Mono-insulated conductors with no other protection.

Cabling systems with return to earth by the pod (ESR), not isolated with the equivalent of double insulation.

Embedded systems.

Air cabling systems.

Single-filial systems with return by land.

Systems with low voltage or very low voltage rails.

Covered cables in which the tensile strength is less than:

I. Thermoplastics:

Polyvinyl chloride (PVC), 12.5 N/mm²;

Polyethylene, 10.0 N/mm².

II. Elastomer:

Chlorosulfonate Polyethylene or similar polymers 10,0 N/mm²;

except if they are installed in a pipe.

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

With the aim of facilitating the application of Law 31/1995 of 8 November, of Prevention of Occupational Risks, and of its implementing legislation, this complementary technical instruction aims to establish a series of provisions relating to safety and health for the protection of workers against the risk of explosion of explosive mixtures in the workplace.

The provisions of this Supplementary Technical Instruction shall be taken into account in respect of all activities in the manufacture, storage, transport, sale and firing of pyrotechnic products, in the field of the Regulation of pyrotechnic and cartwork, 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 Supplementary Technical Instruction.

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:

Avoid unnecessary accumulation of explosive mixtures in places not enabled for this.

Avoid accidental inflammation of explosive materials or mixtures and attenuate the harmful effects of an explosion so as to ensure the health and safety of workers.

Prevent the spread of explosions or chain explosions by taking the necessary steps 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 Supplementary Technical Instruction. 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:

a) That specific explosion risks have been determined and evaluated.

b) That appropriate measures be taken to achieve the objectives of this complementary technical instruction.

(c) All areas with an existing explosion hazard at the working centre have been identified, in accordance with the provisions of paragraph 2.5 of this Supplementary Technical Instruction.

(d) The minimum requirements laid down in the Annex to this Supplementary Technical Instruction shall apply in the areas with danger of explosion.

e) That the place and work equipment, including alert systems, are designed and used and maintained with due regard to safety.

(f) 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 Industry and Energy Areas of the Government Delegations, in the case of workplaces with the presence of the risk of explosion in companies that carry out activities of manufacturing, storing, transporting, selling and firing 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 Supplementary Technical Instruction, areas in which areas in which there are or may be present regulated materials in such quantities as are necessary for the adoption of special prevention or protection measures to protect the safety and health of workers are considered to be in danger of explosion.

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 of this Supplementary Technical Instruction.

(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 Training and information for workers.

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 permits.

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.

The characterization of the explosive substances must be carried out whenever the substance can directly contact any work equipment or be directly manipulated by the workers.

b) Subcompatibility of substances.

c) Causes of electrical origin: sparks, temperature increases, sparks of electrostatic origin.

d) Causes of mechanical origin: sparks, increases in temperature, impact and friction.

e) 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 Reload Ammunition 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 reloading of ammunition by private individuals, for their own use, is a very widespread activity among a huge diversity of sports practitioners in which weapons are used, since it allows them to adapt their own ammunition to the particular demands of each individual sport activity.

This complementary technical instruction aims to establish the minimum requirements for carrying out the reloading of ammunition 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 charging of metal cartchery

1. Be in possession of the license that permits the possession and use of the weapons.

2. Legally possess documented weapons of the caliber of the cartridge intended to be recharged.

3. Accredit the sports practice authorized by the F. license.

4. Obtain a certificate from an entity authorized by the Directorate General of the Police and the Civil Guard that it possesses the necessary knowledge to carry out the recharging that is intended.

5. Obtain from the Central Intervention of Arms and Explosives the corresponding authorization for the recharge of the cardboard, according to the procedure specified in this Supplementary Technical Instruction.

6. To maintain the deposit and acquisition limits for both components and finished cardboard materials, which are determined in Article 104 of the Regulation on pyrotechnic articles and cardboard.

7. To be in possession of a machine approved for the recharge of non-automatic cardboard and to meet the necessary requirements for placing on the market.

8. Keep the machinery together with the cardboard and its components, at home, with sufficient safety measures.

9. The minimum security measures required for the storage of the powder, pods and pistons used for the recharge, is possession at the address or other approved place, of safe, level 1 or higher.

10. The Central Intervention of Arms and Explosives shall, at the same time, deliver to the applicants, at the same time 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 in the Annex.

11. Without prejudice to the sporadic checks carried out by the Intervention of Arms and Territorial Explosives, any person authorized to recharge metal cardboard, at the time of the renewal of the arms license that authorizes the possession and use of weapons that can be recharged, must present to the Intervention of Arms of its demarcation the authorization of reloading and the annex, for review and control.

3. Requirements for the reloading of non-metallic cardboard

Recharge of non-metallic cardboard will not be subject to prior authorization. However, personnel performing this operation must meet the following requirements:

1. Be in possession of the license that permits the possession and use of the weapons.

2. Legally possess documented weapons of the caliber of the cartridge intended to be recharged.

3. For the storage of gunpowder, pods and pistons, the safe referred to in paragraph 2.9 of this Supplementary Technical Instruction, for the reloading of metal cardboard.

4. Request for the Intervention of Arms and Explosives of the Civil Guard of its demarcation the Annex referred to in paragraph 2.10 of this Supplementary Technical Instruction, for the recharge of metallic cardboard, which must be completed by said Intervention. The holder of the Annex shall have the same obligations as set out in paragraph 2.10 of the metallic cartchery recharge.

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 to be met by the cartridge charging machines in respect of the safety of use and product, 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 the complementary technical instruction number 15 are met.

2. Procedure for the recognition of the safety of machines for the charging of cartridges by private persons

1. The procedure developed in this Technical Specification tries to determine whether 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. Description of the tests 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 the light of the results of the procedures described in this Technical Specification and 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 complementary technical instruction 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 of the storage and joint transport of pyrotechnic and explosive products shall be governed by the additional technical instruction number 22 "Compatibility of storage and transport" of the explosives regulation and in the United Nations "Recommendations for the transport of dangerous goods", without prejudice to the requirements set out in the following table 1 and in the remainder of this Supplementary Technical Instruction.

Table 1. Storage and transport compatibility

Group

compatibility

A	B	C	D	E	F	G	H	J	L	N	S
	A
Z
B		X		1/								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.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 17

Sale to the public of pyrotechnic articles

1. Object and scope of application

This complementary technical instruction aims to establish the rules on the sale and sale of pyrotechnic articles of categories 1, 2, 3, T1, P1 and use in the navy, in accordance with the provisions of Article 127 of the Regulation on pyrotechnic articles and cardboard.

The retail sale of category 1 pyrotechnics and use in the interior of buildings, except for impact thunder, shall not be subject to the requirements of this Supplementary Technical Instruction, provided that the quantity is less than or equal to 5 kilograms gross.

This complementary technical instruction will not be applicable to the 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 institutions (A1, A2, B1, B2 and C): 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, as well as 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 facilities (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) Sales establishments attached to a workshop for pyrotechnics or the deposit of finished products, distanced from the area intended for manufacture or deposits as provided for in Supplementary Technical Instruction 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 any exposure of the products that may be sold, and must be made at the entrance of the installation and as far as possible from any premises.

Permanent establishments are classified into:

a) Type A facilities: the establishment partially or fully occupies a building on residential or commercial land.

Examples of Type A Establishments (A1 and A2)

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) Type-C facilities: these are sales outlets with or without warehouse, attached to a pyrotechnics workshop or finished product depot, and close to the door of access to the outside 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 Supplementary Technical Instruction No 9.

The minimum distance between establishments of Type A or B1 shall be 40 metres.

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 stores must be contiguous to the local or zone 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 will be permitted in the type N establishments that meet the citizen security measures that are established by the Intervention of Arms and Explosives of the Commanders of the corresponding Civil Guard.

In the area for sale, the presence of pyrotechnic material placed on shelves will be permitted, being located at a minimum distance of 1 meter from the counter, always being out of reach of the public. 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 will be conditioned by the type of establishment and volume of the warehouse, as well as by the category and risk division of the pyrotechnic product, as provided for in paragraph 4 of this Supplementary Technical Instruction.

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 1, 2 and 3 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 20 kilograms gross.

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 technical instruction.

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 responsible person responsible for the sale shall ensure compliance with the requirements relating to the minimum age of sale and making available to the public, in accordance with the provisions of Article 121 of the Rules of pyrotechnic articles and cardboard 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, refunds or the like, will be carried out in accordance with the supplementary technical instruction number 12.

4. Maximum storage capacity

In all establishments covered by this Supplementary Technical Instruction, the storage and sale of pyrotechnic articles of categories 1, 2, 3, T1, P1 and use in the navy shall 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 matter 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 matter 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 the Supplementary Technical Instruction number 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, corresponds to the emergency exit. One of the two exits to the outside must remain open whenever there are customers inside the establishment.

The emergency door will remain closed so that anyone who needs to use it in case of urgency can easily and immediately open it. Emergency 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:

Height from floor to ceiling, between 2.5 and 3 meters.

Free area per 2 m worker².

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 two security locks. 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. Safety from ignition due to sparks by electrostatic discharges, which may be carried out in accordance with the test procedures set out in UNE-EN 61340-4-1, shall be ensured for the installed floors, in which case the result shall be considered satisfactory if the measured resistance, in the worst case, is less than 10⁹ .

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.

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 premises, including the warehouse door, will have at least one resistance to fire IS 120, according to the Royal Decree 312/2005 of 18 March, approving the classification of construction products and construction elements according to their reaction properties and resistance to fire and in accordance with the current regulations on fire safety in industrial establishments.

An automatic fire detection and extinguishing system shall be provided in the establishment by means of rapid smoke detectors associated with an extinguishing agent with high cooling capacity, such as water or foam or any applicable to stored products.

The sizing, location and installation of these systems must be performed by qualified personnel, depending on the warehouse, 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-113B-C), 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

Warehouse of pyrotechnic products.

Electrical materials and equipment within the pyrotechnic product store shall be in conformity with the requirements laid down for an F2 Zone according to the Supplementary Technical Instruction number 13.

These requirements will also apply to the area for sale where pyrotechnic products are available on shelves.

Local or area for the sale of pyrotechnic products.

In the event that in the area for sale there is no pyrotechnic material, the electrical installation and equipment will be in accordance with the Electrotechnical Regulation for low voltage, approved by Royal Decree 842/2002 of 2 August.

8. Minimum security requirements

Incompatibilities.

In no case can any incompatible materials be stored together. The storage incompatibility is included in the Supplementary Technical Instruction number 16.

In the pyrotechnic product store only the pyrotechnic product itself shall exist in its original packaging or packaging. It shall be prohibited to store any other easily flammable material liable to cause a fire inside the warehouse.

Packaging and packaging.

All pyrotechnic products existing in the warehouse will remain inside their original packaging and packaging. Packages shall remain closed until such time as they have to be opened to remove any packaging or article 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:

Danger of fire and explosion.

Banned smoking and lighting fire.

Ban on unauthorized 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:

Workers must strictly follow work instructions and safety slogans.

The appropriate personal protective equipment must be used for this activity. In this sense the garments of the workers and the footwear must be antistatic.

The job position will be maintained in order and in a proper cleaning state.

The warehouse door will have a system that prevents its free opening.

No pyrotechnic material will 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.

Only the required time will remain inside the warehouse.

The establishment holder shall be immediately notified of any anomalies observed in the materials and installations.

Actions that result in dangerous situations, such as increases in temperature, friction or shock over pyrotechnic materials, should be avoided.

In the case of an emergency, the workers will provide first aid to the personnel who need it, communicating this situation, in order to have the necessary means for the transfer to a health center with the utmost urgency, if necessary.

It is expressly prohibited to smoke and carry any smoking article, as well as any apparatus capable of constituting an ignition source.

Handling of packaging, packaging and articles will be performed with caution.

Utensils used for handling should not imply an additional risk.

There will be a visible and clearly identifiable location of the telephones of the fire and emergency department of the nearest town.

It is prohibited to introduce into the establishment alcoholic beverages or other substances that are liable to adversely affect the health and safety of persons.

It is forbidden to remove pyrotechnic products from the warehouse without authorization.

pyrotechnic articles may not be sold to those who clearly manifest the seller who 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 number of citizen security measures that the regulated establishments must have in this complementary technical instruction will be as follows:

Presence Detectors in area of sale to the public and warehouse.

Door opening detectors in the access to the premises and the warehouse.

Piezoelectric Seismic Detectors in Walls and Roof.

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

Applications for the approval of establishments for the sale of pyrotechnic articles shall be addressed to the corresponding Government Delegates, accompanied by a technical project which shall include the following documentation:

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, for which the contribution of photocopies of D.N.I. is deleted in the 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 student card, of the Foreign Identity Card, or of the residence card of the family member of the Union. 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.

Description of the establishment detailing all the data necessary to justify compliance with the requirements set out in this Supplementary Technical Instruction. In particular, it shall be indicated:

Type of sale establishment.

Location of the establishment.

Statement of the holder of the authorized warehouse belonging to a finished product repository, accepting to host the pyrotechnic products from the casetas.

Exits that the establishment consists of.

Store characteristics, surface, and useful volume.

Characteristics of the area for sale, surface and useful volume.

Type of pyrotechnic products (risk categories and divisions).

Maximum storage capacity.

Citizen security measures.

Certificates of electrical installation, fire resistance and fire equipment, as well as the safety of the soil from ignition due to sparks from electrostatic discharges, if any.

Maintenance contracts for fire equipment and systems.

Planes:

a) Construction details of the establishment, including both the section or area for sale, and the warehouse.

b) Location of fire equipment.

c) Access to vehicles and car parks, if any.

d) Localization and indication of the applicable minimum distances, if any.

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 modifications have been made with respect to the approved project in its day. If any modification has been made, a new project must be submitted.

Submitted a request, the Government Delegate shall communicate the beginning of the procedure to the corresponding City Council, in accordance with the characteristics of the establishment determined by the applicant. Also, reports will be requested of the Industry and Energy Area of the Government Delegation and the Arms and Explosives Intervention of the corresponding Civil Guard 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.

Once the resolution of the authorization of the project by the Delegation of Government has been given, the applicant will be able to start the necessary works, as long as it has obtained the municipal licenses by the corresponding City Council, according to the exclusive scope of its competences.

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 Area of Industry and Energy and the Intervention of Arms and Explosives of the corresponding Civil Guard Command.

For the development of these inspections, the Industry and Energy Areas will be able to request the support of the collaborating entities of the Administration that they consider necessary.

The authorization resolution shall indicate at least the following:

Data from the data subject and the sales officers.

Features of the establishment.

Risk divisions of pyrotechnic articles susceptible to sale.

Maximum total storage capacity and for each of the risk divisions.

Maximum quantity on shelves in the area of sale.

Sales Limitations.

These authorizations for permanent establishments will be indefinite provided that the conditions under which they were granted are not changed.

In the case of temporary establishments, the authorization shall be valid for a maximum of 3 months.

The required authorisations shall always be available at points of sale and shall be due at all times by the competent authority.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 18

Religious, Cultural And Traditional Festive Manifestations

1. Object and scope of application

The purpose of this Supplementary Technical Instruction is to regulate the use of fireworks except for the scope of Directive 2007 /23/EC of 23 May 2007 on the placing on the market of pyrotechnic articles, by groups of Consumers Recognised as Experts (CRE) in religious, cultural and traditional festive events.

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 Councils, by means of a provision to be published in the corresponding Official Journal and in which it is necessary to specify whether 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 Supplementary Technical Instruction, 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 of the training in the training programme provided for in point 4 of this Supplementary Technical Instruction.

4. Documentary justification that all the components of the Groups have received specific training for participation in the festive event in accordance with the provisions of point 4 of this Supplementary Technical Instruction.

5. Written permission of parents or legal guardians in case of participation of minors.

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 pyrotechnics that will be used, description of their operation, quantity of subject matter regulated by artifice and approximate total quantity to be used.

8. Proposal for the planned security and emergency measures as well as, where appropriate, the clothing and protective measures recommended for the interaction in the act of third parties.

9. Documentary justification that the organizer has signed a civil liability insurance covering the possible damages to third parties arising from the performance of the festive event, and the possible accidents in the event of the participation of minors, without prejudice to the compliance with the regional or local regulations in this respect.

In the case of festive demonstrations 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 whenever the organizer of the celebration, shall inform the Delegation of the Government concerned the celebration of the act, contributing at least the documentation provided for in point 7 above, which shall be understood as 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 the corresponding Government Delegation will be mandatory. In such a case, the City Council shall indicate in the application for authorisation at least the following:

Reference to the declaration of the festive manifestation authorized by the Autonomous Community.

Types of pyrotechnic articles that are used, description of the functioning and mass of the regulated matter that compose them.

Total amount of regulated matter.

Once the authorization of the use of the fireworks by the Government Delegate has been obtained, the City Council will authorize the event, being responsible for the custody of the civil liability insurance subscribed by the organizer of the event, as well as for the safeguard of the security measures and organization that it has attributed in the field of its competences.

3. Requirements of the festive event

They may only use pyrotechnic devices 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 maximum amount each participant may carry in a single container designed for this purpose shall be one kilogram.

It will be City Hall competition:

(a) Authorize the celebration of the festive event, in accordance with the provisions of this Supplementary Technical Instruction and in the applicable autonomous 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 applicable, the clothing and protective measures recommended for participation in the show 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. However, during the transitional period established, participants who have not yet obtained the certificate of training received may use authorised and catalogued products in accordance with the previous regulations as long as they remain in force, following the instructions for use which the manufacturer has recommended.

In the case of the groups responsible, the certification certification of the training will be issued by the Industry and Energy Area of the corresponding Government Delegation.

The minimum training programme for Consumers Recognised as Experts will be as follows:

a) Information about the pyrotechnic articles to be used in the show.

Operation of the devices to be used.

Correct usage.

Risks arising from their use.

Specific prevention measures.

b) Knowledge about the development of the show.

Delimitation of the show area.

Delimitation of the security area, if any.

Requirements for show access.

c) Security and emergency measures.

Security measures established for the development of the show.

Action procedures in case of accident.

d) Procedures for the reception and return of pyrotechnic articles.

e) Treatment of failed items.

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.

General knowledge about the operation of fireworks.

Basic theoretical aspects of the artifices and their initiation systems.

b) Basic training in techniques for the preparation of the devices and their use.

Auxiliary elements for protection, attachment, etc.

Protection from moisture and rain.

Safety in the handling, storage, transport and use of fireworks.

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. Acquisition, storage and disposal of pyrotechnic devices used in spectacles

The pyrotechnic devices used in the celebrations that regulate this complementary technical instruction must be acquired, on request, by the responsible of the Group of Consumers Recognized as Experts in a deposit of finished products of a manufacturing workshop duly authorized according to the provisions of the Regulation of pyrotechnic articles and cardboard.

The manufacture, purchase, transport, storage and disposal of pyrotechnic devices used in the festive events governing this complementary technical instruction 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:

Present good conservation status and have reviews within the deadline.

Be provided with roller boxes.

Be 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:

Load and unload operations.

Deposit of packages and containers in docks and warehouses.

Parking and circulation of vehicles in stations, derivations particles and full track.

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:

The crossing of these trains with those of travelers in tunnels more than 100 meters in length.

The prolonged parking of a train in a inhabited core station or when it is located less than 500 meters away from the nearest core of the clustered population.

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 complementary technical instruction aims to establish the applicable regulations for docks, ports, jetties and associated facilities and services during the loading and unloading of products regulated by the Regulation of 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.

For loading or unloading, vehicles will approach the side of the boat one by one, without, outside the parking area, two vehicles loaded with regulated matter can be found together.

The pallets or containers of regulated matter will be transferred directly from vehicle to boat or vice versa, without depositing or stacking them on the dock.

The port personnel who carry out any operation with regulated matters must be instructed regarding 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 supplementary technical instruction shall not apply 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, Q_P, in kilograms, admissible in the port will be determined by the formula:

where d is the distance, in metres, to inhabited buildings and public use roads or railways other than port facilities and K₁ a coefficient according to the following table:

quantity of material or explosive mixture kilograms	coefficient k1
	buildings	Communication
10 to 45,000	15.6	9.3
From 45,001 to 90,000	17.0	10.2
90.001 to 125,000	19.0	11.5
than 125,000	20.0

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:

5. Maximum allowable quantities on ship

The total net mass of allowable explosive material on dock-loaded ship, Q_B in kilograms, will be the function of the admissible in the port, Q_P, affected by a multiplier coefficient, K:

Q_B = K-Q_P

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

Minimum criteria to be applied with respect to the bodies responsible for conformity assessment

1. Object

The purpose of the present Technical Instruction is the establishment of the minimum criteria to be applied with respect to the bodies responsible for the conformity assessment of pyrotechnic products.

2. Minimum criteria

1. The body, its director and the personnel responsible for carrying out the verification operations shall not be the designer, the manufacturer, the supplier, the installer or the importer of the pyrotechnic articles to be checked, nor shall the representative of any of these persons. Neither directly nor as a leader in the design, construction, placing on the market, maintenance or import of such pyrotechnic articles may be involved. This does not preclude the possibility of an exchange of technical information between the manufacturer and the body.

2. The body and the staff responsible for monitoring shall carry out the verification operations with the greatest possible professional integrity and the greatest possible technical competence, and shall be free from any pressure or coercion, in particular economic order, which may influence their judgment or the results of their inspection, in particular those arising from persons or groups of persons interested in the results of the verifications.

3. The body must have sufficient staff and the necessary means to carry out the technical and administrative tasks relating to the implementation of the verifications in an appropriate manner. It shall also have access to the material necessary for the exceptional verifications.

4. The staff responsible for the inspections shall have:

a) A suitable technical and professional training.

(b) A satisfactory knowledge of the requirements relating to the checks carried out and sufficient practice in carrying out such checks.

(c) The aptitude required to draw up the certificates, minutes and reports in which the checks carried out are carried out.

5. The impartiality of the staff responsible for the inspections shall be ensured. Your remuneration must not be based on the number of checks you carry out or on the results of these checks.

6. The body must take out civil liability insurance, in accordance with the provisions of Royal Decree 2200/1995 of 28 December 1995, for which the Regulation of the Infrastructure for Quality and Industrial Safety is adopted.

7. The staff of the body shall be obliged to keep the professional secrecy in respect of all the information to which it has access in the performance of its duties (except in respect of the competent administrative authorities of the State in which it carries out its activities) in accordance with Directive 2007 /23/EC of 23 May 2007 on the placing on the market of pyrotechnic articles, the Regulation on pyrotechnic articles and cardboard or any provision that develops such standards.

3. Notification

3.1 Member States shall notify the Commission and the other Member States of the bodies they have designated to carry out the conformity assessment procedures referred to in Article 8, as well as the specific tasks for which those bodies have been designated and the identification numbers which have been previously assigned to them by the Commission.

3.2 The Commission shall make available to the public on its website a list of the notified bodies together with their identification number and the tasks for which they have been notified. It will ensure that the list is kept up to date.

3.3 It shall be presumed that the bodies which meet the assessment criteria set out in this Supplementary Technical Instruction in point 2 meet the relevant minimum criteria.

3.4 A Member State which notifies the Commission of a body must withdraw this notification if it finds that the body no longer meets the criteria mentioned in the previous point. That Member State shall immediately inform the other Member States and the Commission thereof.

3.5 When the notification is withdrawn to a body, the certificates of conformity and the related documents provided by the body concerned shall remain valid unless it is established that there is an imminent and direct risk to health and safety.

3.6 The Commission will make the withdrawal of the notification of the body in question available to the public on its website.

SUPPLEMENTARY TECHNICAL INSTRUCTION NUMBER 22

Signal of danger of presence of pyrotechnic articles and cardboard in the workshops and depots