EU Directive on Placing on Market of Pyrotechnic Articles (2007/23/EC) Guidance on Legal Obligations for Importers, Retailers and Distributors relating to Category 1 Fireworks Background 1) A new EU Directive on pyrotechnics came into partial effect from 4 July 2010. A new Irish Regulation - S.I. No. 1 of 2010 (as amended by S.I. No 416 of 2010) - gives effect to this Directive in Ireland - a copy of which may be accessed at www.justice.ie. Essentially this legislation lays down conditions for the placing on the market of all pyrotechnic articles (which include fireworks, theatrical pyrotechnics and other pyrotechnic articles such as automotive air bag cartridges, construction fixing cartridges and other industries). Fireworks are subdivided into 4 categories relating to hazard, noise levels etc. Category 2, 3 and 4 will continue to be restricted and available only to professional operators for use in public displays, however the sale of Category 1 fireworks 1 (the least hazardous) to the public will be regularized in the new legislation. The regulations in respect of fireworks of categories 1, 2 and 3 came into effect 4 July 2010, but those applying to the other pyrotechnic articles do not come into effect until 2013. 2) The regulations set age limits for the sale of pyrotechnic articles. The regulations outline the obligations of the manufacturer, importer and distributor 2 when placing pyrotechnic articles on the market and prohibit any person from placing any pyrotechnic article on the market unless they satisfy essential safety requirements, have been subject to conformity assessment procedure and have had the 1 Category 1 fireworks present a very low hazard and negligible noise level and are intended for use in confined areas, including indoors. Examples include Bengal flames, Bengal matches, Bengal sticks, Christmas Crackers, Crackling granules, Flash pellets, Fountains, Ground spinners, Hand Held sparklers, Non-Hand Held sparklers, Novelty Matches, Party Poppers, Serpents, Snaps, Table bombs, and Throw downs, provided they do not exceed the net explosive content specified for Category 1, and meet the requirements in the relevant standards. Christmas crackers are however not considered to be explosives for the purposes of the 1875 Explosive Act and therefore are the only Category 1 Fireworks which do NOT require either an import license or to be stored in a Registered Premises or licensed store. (However see Para 8(2) - Importation requirements). Note that bangers are NOT Category 1 Fireworks and their possession or sale is expressly forbidden by existing law. 2 A "distributor" is defined as "any natural or legal person in the supply chain who makes a pyrotechnic article available on the market in the course of his business". (The term therefore also covers wholesalers and retailers.) Page 1 of 15
CE marking affixed to them. (See also "Transitional Arrangements" below). The Regulations also makes provision for the appointment of authorised officers and of Notified Bodies. Obligations on Importers, Distributors and Retailers under the new Directive 3) Placing on the Market The Regulations provide for a number of strict rules to be observed before these fireworks can be placed on the market so as to ensure the safety of these products once they become available. As Ireland does not have any fireworks manufacturers, importers and distributors will assume these obligations under the Regulations. All permissible fireworks 3 in Ireland will have to meet a number of essential safety requirements and relevant standards. These rules also state that any fireworks placed on the market in the EU must carry a CE mark to show that it conforms to these safety requirements and be properly labelled. 4) Transitional arrangements The Directive allows for certain transitional arrangements until CE marked items actually become available on the market. Present indications are that it will take some time before Member States produce CE compliant fireworks for the European market. Our transitional measures are specified in S.I. No 416 of 2010, which in effect permits fireworks which were lawful to manufacture or import 4 up to 4 July 2010, to continue to be sold. Typically such fireworks are manufactured and marked as compliant to a Member State National Standard, such as BS 7114 (British Standard) or EN 14035 It should be noted however that although these transitional measures in theory can apply up to 2017, it is our firm intention to withdraw these measures when CE compliant fireworks, (which satisfy our legal requirements), become available on the European Market 3 See Transitional Arrangements for permissible fireworks which are not CE marked. 4. If any doubt exists as to whether a proposed importation is lawful, or which Category of firework is appropriate, an explosives inspector should be consulted prior to application for an importation licence, giving technical details such as net explosive content, packaging/ labelling details and intended use of the firework Page 2 of 15
5) Labelling The Regulations provide for the proper labelling of Category 1 fireworks (and others) and set down a number of minimum requirements in this regard. In general, it is the manufacturer of the product who will label the products however the importer or distributor assumes this responsibility as above. Articles must be properly labelled legibly and indelibly in English (or Irish). If there is insufficient space on the article then the information should be provided on the smallest piece of packaging. The following are minimum labelling requirements for Cat 1 fireworks, both for fireworks which are CE compliant and those authorised under transitional arrangements: a) Fireworks which are fully CE compliant (see Reg 12 for full list of requirements): i) CE mark (Reg 11) ii) Name of manufacturer or importer iii) Name and type of article iv) Minimum age limit applicable (16 for Cat 1): (e.g. "Must not be sold to persons under 16 years of age") v) Category of article (e.g. Category 1 firework) vi) Instructions for use vii) Min safety distance where appropriate viii) NEQ of active explosive material. ix) Where appropriate: "For outdoor use only" and a min safety distance b) Fireworks authorised under transitional measures, (Reg 23) to be properly labelled in English (or Irish) with: i) Name and type of article. ii) Instructions for use. iii) Min safety distance where appropriate. Page 3 of 15
iv) Other labelling requirements as required by the relevant Member State National Standard (including e.g. Complies with BS 7114: Part 2: 1988, or "Complies with EN 14035), where applicable. 6) Sale The regulations restrict which types of pyrotechnics can be sold to the general public and which can be sold only to persons with specialist knowledge. Essentially it means that regarding fireworks, only Category 1 Fireworks (or equivalent 5 ) can be sold to the general public. The regulations also prohibit the sale of any category 1 fireworks to anyone under 16 years of age. It is recommended that retailers ensure that this sale prohibition is achieved, either by appropriate labelling, appropriate shelf notices, or barcode alerts. 7) Withdrawal of products liable to endanger health and safety There are obligations on distributors and others to withdraw such an article from the market when directed by an authorised officer and in certain circumstances to forfeit the products and have them destroyed. If a safety hazard is found with a product then the importer, distributor, or any other person will be obliged to withdraw the product from the market and to take appropriate measures to cease and prevent its sale and restrict its free movement. This may include putting notices in the media and also in shops where the item was sold. The European Union uses a rapid alert system (RAPEX) to share information about dangerous products across all the member states. This means that if a dangerous or defective firework / pyrotechnic product is found anywhere in the EU, all the member states will know about it and be able to take action. The National Consumer Agency is currently the national contact point for RAPEX. The Department of Justice should be informed of any dangerous pyrotechnic products and any measures already taken. 5 If any doubt exists as to which Category of firework is appropriate, an explosives inspector should be consulted prior to application for an importation licence, giving technical details such as net explosive content, packaging/ labelling details and intended use of the firework Page 4 of 15
Obligations on Importers Distributors and Retailers under existing explosives legislation 8) Importation requirements i) Under existing explosives legislation, an importation licence is required from the DJLR for all explosives including fireworks (with the sole exception of Christmas Crackers 6 ). See www.justice.ie for more information and for the relevant application form. Importation is normally organized by large scale wholesalers, who sell them on to other distributors or retailers. ii) For Christmas crackers, (since they do not require an import license), in order to ensure that the labeling meets the new requirements under the transitional arrangements, it is recommended that importers or wholesale distributors send a sample (or E Mail a scan copy) of the labeling/packaging of the crackers, in advance of importing or distributing shipments, into the Explosives Inspectorate of Department of Justice and Equality, for advice. Otherwise there is a possibility that any shipment not meeting the requirements will have to be withdrawn from the market. 9) Transport requirements Under the European Agreement Concerning the International Carriage of Dangerous Goods by Road" (ADR), there are a number of requirements with regard to the transport of explosives. It is unlikely that all these requirements will apply in respect of Category 1 fireworks, because of their relatively low explosive content, (except perhaps for very large shipments) - however the advice of a Dangerous Goods Safety Advisor should be sought in this regard. 10) Storage requirements All fireworks, (with the sole exception of Christmas Crackers) are held to be explosives. As with other explosives, certain storage requirements, as provided for under the Explosives Act 1875, will arise, depending on the Net Explosive Content (NEC) of the fireworks to be stored. One will need to register the premises where the fireworks are stored or sold with the local authority. This is a simple process and registration is done with the local authority Fire Officer. 6 Note that Christmas crackers in their retail packaging are NOT considered to be explosives under the Explosives Act 1875 due to the nature of the article, packaging and the very small amount of pyrotechnic material in each. Page 5 of 15
i) Registered Premises; Generally retailers will only require to hold relatively small stocks of explosives/pyrotechnics. Regardless of the quantity 7, the premises must be registered, since the purpose of registration is to alert the Fire Officer that explosives are stored at the premises (in the event of a fire), and also to give him powers (under the Explosives Act) to enter and inspect the premises. There are two modes of storage allowed: Mode A: Storage of up to 90 Kg net explosive content (NEC) is permitted in a Mode A Registered Premises Mode B: Storage of up to 22 Kg NEC in a Mode B Registered Premises. In either case the registration must be renewed on an annual basis. Application form for registration (RP 2 Form) attached, also available at http://www.justice.ie/ See also S.I. No 129/1984 Keeping of Fireworks Order, 1984 which limits the amount of fireworks allowed to be kept in any room open to the public, such as a sales area. ii) Local Authority Store; If larger quantities of fireworks are to be stored, (more than 90kg NEQ) a 'local authority stores license' will be required (also from the Fire Officer of the local authority). Typical locations needing such a license would be larger wholesalers or importers where containers of fireworks are stored up to an explosive limit of 2 tonnes. Storage of up to 2,000 Kg NEC is permitted subject to complying with all the regulations in S. I. 804 of 2007 - Stores for Explosives Order (http://www.justice.ie/en/jelr/pages/si_804_of_2007). This license can be issued for a period of up to 5 years and an application form is available at http://www.justice.ie/en/jelr/pages/storing_explosives. Status of Guidance Please note that this document is to be seen as a guidance document only. It is not a legal interpretation of, or substitution for, the legislation, and is non-exhaustive. The guidance may be amended or updated from time to time, without notice. 7 It is intended that the current legislation requiring registration will be amended under draft legislation currently being prepared to give an exemption for small quantities of pyrotechnics Page 6 of 15
Summary of Regulations Area Requirements Legislation Notes Importation (Except Christmas Crackers) Licence from DJLR Explosives Act 1875 Importer should contact DJLR Transport ADR Compliance S.I. No 288 of 2007 Only applies fully if large quantities carried Placing on Market Categorisation Essential Safety Requirements CE Marking Sale restrictions Labelling Authorised Officers Withdrawal from market S.I. No 1 of 2010 As amended by S.I. No 416 of 2010 Transitional arrangements S.I. No 416 of 2010 See Guidance Notes Storage (Except Christmas Crackers) Reg Premises or Local Authority store Explosives Act 1875 and S.I. No 129 of 1984 Consult Fire Officer S.I. No 804 of 2007 Additional Reading References - to be found on www.justice.ie General Guidance - Fireworks in Ireland (2012) GIE Guidance for the Storage of Pyrotechnic Articles in Retail & Distribution Centres (2012) Guidance for Fire Safety in Stores for Explosives (2008) Guide to Explosives Legislation (2010) Page 7 of 15
Form of Application for the Importation of Category 1 fireworks This application form should be read in conjunction with documents entitled "Guidance for importers and distributors of Category 1 fireworks" and "General guidance -Fireworks in Ireland'" as well as the relevant legislation. This information, together with other guidance on matters surrounding the actual storage of fireworks and explosives legislation in general can all be accessed on the Department's website www.justice.ie. Additional notes on the completion of this form are provided at Appendix 2 to this form. Please note that an import licence is not required for the importation of Christmas Crackers. 1) Applicant's Details a) Name : b) Position: c) Company: d) Address e) Phone : f) Fax : g) E Mail : 2) Consignment Details a) Place of Embarkation : b) Place of Importation : c) Consignor : d) Estimated date of first delivery (Note1): e) Mode of Transport: 3) Pyrotechnics Details (please also see Schedule attached at Appendix 1) a) Quantity of Pyrotechnics b) Total Gross weight (kg) c) Total Net Explosive Quantity (kg)(neq - See Note 2) Page 8 of 15
4) Storage Arrangements (see Note 3) a) Location of Storage: b) Type (registered premises or stores licence): c) Name of issuing local authority : d) Date issued or last renewed : e) Explosive limit (kg/lbs) on storage licence: 5) Certification of Pyrotechnics I certify that all fireworks listed in the attached Schedule: a) are in full compliance with S.I. No. 1 of 2010 - the European Communities (Placing on the Market of Pyrotechnic Articles) Regulations 2010 (as amended by S.I. No 416 of 2010), and: i) Are categorised as Category 1 Fireworks (See Note 4) ii) Bear the CE mark and are certified by CE Cert of Conformity (See Note 5) iii) Are properly labelled (See Note 6) OR, b) Under Transitional Arrangements (See Note 7) i) Are classified/categorised as Category 1 Fireworks (See Note 4) ii) Are manufactured and tested in accordance with B.S. 7114 and bear the mark "Comply with BS 7114-2:1988" (or compliance mark of another Member State National Standard acceptable to the Minister) (See Note 7) iii) Are properly labelled (See Note 6) AND, Page 9 of 15
c) Are classified for transport in accordance with the UN Scheme - certified by CAD or LOCEF Ref (See Note 8). Note that documentary proof of the above may be requested by Department of Justice and Equality in respect of each article listed in the attached schedule, prior to or after an import licence has been issued. The relevant certification or references mentioned should therefore be included where possible as part of the application in order to save time. Signature of Applicant: Name in Block Capitals: Date: Page 10 of 15
APPENDIX 1 Schedule of Category 1 Fireworks Article # 1 Article # 2 Article #3 Country of manufacture Pyrotechnics Type (Note 9) Commercial or Trade Name Manufacturer (name and address) Supplier (name and address) CE Mark or BS 7114 or other? - Specify. (Notes 5/6/7) Proper Shipping Name (Note 8) Page 11 of 15
UN No. (Note 8) Hazard Classification Code (Note 8) LOCEF Ref Where applicable (Note 8) Quantity of articles Net Explosive Quantity per thousand articles (kg) (Note 2) Gross weight per thousand articles (kg) Total Net Explosive Quantity (kg) Total Gross Weight (kg) Continue table as necessary for all articles. Page 12 of 15
APPENDIX 2 Notes on completion of the application form 1. Estimated date of first delivery: An importation licence is valid for one importation only. However to facilitate the required logistics concerned, a single importation may consist of more than one delivery, within a period of two months from the estimated date of first delivery, up to the gross weight specified on the licence. 2. Net Explosive Quantity (NEQ): Essentially this is the weight of the explosive/pyrotechnical material inside the article, not counting the weight of the non-explosive material such as packaging, container etc. It is sometimes also known as Net Explosive Content, (NEC), or Net Explosive Mass, (NEM), or Net Explosive Weight (NEW). Where this is very small, (e.g. for party poppers), the NEQ per thousand articles may be given. 3. Storage: In accordance with the Explosives Act 1875, as with other explosives certain storage requirements arise for fireworks. One will need to obtain either a 'registered premises' or a 'stores licence' from the local authority for all locations where Category 1 fireworks are to be kept for sale. See more detailed guidance material, available on the www.justice.ie website, for further information in this regard. In the case of importation for distribution, The information at No 4 need only be supplied for the distribution warehouse where the fireworks will be initially stored. 4. Categorisation: Regulation 4 of S.I. No. 1 of 2010 and BS 7114 (British Standard) provides that pyrotechnic articles shall be categorised/classified by the manufacturer according to their type of use, or their purpose and level of hazard, including their noise level. Category 1 Fireworks are fireworks which present a very low hazard and negligible noise level and which are intended for use in confined areas, including fireworks which are intended for use inside domestic buildings. (Categorisation under BS 7114 has different criteria but if there is any doubt as to whether a firework is equivalent to Category 1, please consult an Explosives Inspector before importation.) 5. CE Certified: : Regulation 5 and 11 of S.I. No. 1 of 2010 deal with the CE mark. Before placing a pyrotechnical article on the market, manufacturers must submit the article for test to a body (such as the HSL in UK), to assess whether it complies with the essential safety requirements. If it passes then that body then issues a CE Certificate of Conformity for that article to the manufacturer and only then can the CE mark be put on the article. As Ireland does not have any fireworks manufacturers, importers and distributors will instead be obliged to ensure that the product bears the CE mark. (See also Note 7 transitional arrangements for non CE marked fireworks) 6. Labelling Requirements: Labelling shall be: a. either in accordance with Regulation 12 of S.I. No 1 of 2010 for CE marked products, Or, Page 13 of 15
b. under Transitional measures in accordance with Regulation 23 in S.I. 416 of 2010. 7. Transitional arrangements: Article 21.5 of the Directive provides for transitional arrangements (which can be up to 2017) during which previously authorized fireworks, (which are not CE marked) can continue to be manufactured and sold. Ireland previously authorized fireworks manufactured and marked in compliance to acceptable Member State national standards, (including BS 7114 (British standard)), to be imported into the State. This arrangement will continue until CE marked fireworks become widely available on the market. Thus fireworks which either comply fully with the Directive (and are CE marked), or fireworks which are manufactured in accordance with an acceptable Member State national standard e.g. BS 7114 (and are marked "Compliant with BS 7114-2 1988") or EN 14035 (and marked accordingly), may be imported under license until further notice. 8. Classification for Transport: Pyrotechnics must be classified for transport in accordance with the UN scheme. An example of what is required is as follows: UN Number Proper Shipping Name Class Classification Code UN 0337 FIREWORKS 1 1.4S. This information is normally stated in the relevant competent authority document (CAD) or in the case of the UK, the LOCEF database of the HSL. By agreement with DJE, it is sufficient to include the HSE Ref No for articles imported through the UK which are on the LOCEF database. 9. Pyrotechnic Types: The following types are examples of Category 1 fireworks if they meet the requirements in the relevant standards: Bengal flames, Bengal matches, Bengal sticks, Crackling granules, Flash pellets, Fountains, Ground spinners, Hand Held sparklers, non- Hand Held sparklers, Novelty Matches, Party Poppers, Serpents, Snaps, Table bombs, Throw downs, Christmas Crackers Importation of the above products, (with the exception of Christmas Crackers), requires an importation license from the Department of Justice and Equality. Page 14 of 15
10. Return of completed forms: Completed application forms should be returned to the Firearms and Explosives Unit of the Department at least 4 weeks prior to the estimated date of first delivery. If you have any queries, the relevant contact details are outlined below: Crime 4 (Firearms and Explosives) Department of Justice and Equality 94 St. Stephen's Green, Dublin 2 Tel: 016028388/6028345 Fax: 016028374 E-mail: explosives@justice.ie Page 15 of 15