Free movement of pyrotechnic articles within the single market

SUMMARY OF:

Directive 2013/29/EU – EU rules relating to pyrotechnic articles

WHAT IS THE AIM OF THE DIRECTIVE?

The directive sets out rules to achieve the free movement of pyrotechnic articles* within the European Union’s (EU) internal market, while seeking to ensure high levels of protection of health and safety and of the environment.
It revises the existing rules on pyrotechnic articles (Directive 2007/23/EC) to align them with the new legislative framework, a package of measures to improve market surveillance and the quality of conformity assessments.

KEY POINTS

The directive lists the categories of pyrotechnic articles to which it applies by type of use.

Fireworks built by a manufacturer for their own use and approved for use only in the EU Member State in which the manufacturer is established, and that remain in that Member State, are not covered by the directive.

It lays down the essential safety requirements that pyrotechnic articles must meet so as to be made available on the market. These are listed in Annex I to the directive.

It sets out the conformity assessment procedures where an EU-type examination* is carried out. A notified body examines the technical design of an article, and verifies and attests that this design meets the requirements of the directive.

It sets minimum age limits and other restrictions on access to pyrotechnic articles.

Fireworks. F1 category: 12 years; F2 category: 16 years; F3 category: 18 years.
Theatrical pyrotechnic articles. T1 category: 18 years.
Other pyrotechnic articles. P1 category: 18 years.
Some pyrotechnic articles may only be made available to people with specialist knowledge, for example F4 category fireworks (fireworks for professional use), which present a high level of hazard.

Member States may increase these age limits and may further restrict some pyrotechnic articles’ availability to the general public on grounds of public order, security, health and safety, and environmental protection.

All businesses and organisations in the supply and distribution chain must ensure that they only make available on the market those pyrotechnic articles that meet the requirements of this directive. The directive lays down the obligations of each party along this chain.

Manufacturers have to indicate their name, registered trade name or registered trade mark and the postal address at which they can be contacted on the pyrotechnic article or, where that is not possible, on the packaging or in a document accompanying each article. Contact details must be in a language easily understood both by end users and by market surveillance authorities.

Instructions and safety information must be given in a language that can be easily understood by consumers and other end users in the Member State in which the article is to be made available on the market.

Labelling must be done in the official language(s) of the Member State in which the pyrotechnic article is made available. Such labelling must contain at least the minimum information required by the directive.

For market surveillance purposes, manufacturers must draw up an EU declaration of conformity for each product in accordance with the model in Annex III to the directive. This states that the product meets the essential safety requirements. By drawing up the EU declaration of conformity, the manufacturer assumes the legal responsibility for the compliance of the pyrotechnic article with the directive’s requirements.

Manufacturers must ensure that the labelling bears the registration number assigned to the product by the notified body that carries out the conformity assessment.

Importers must ensure that they only place products that comply with this directive on the market. They need to ensure that:

the appropriate conformity assessment procedure has been carried out by the manufacturer;
the pyrotechnic article bears the CE conformity marking;
the labelling meets the requirements;
the documents drawn up by the manufacturer are available to the relevant authorities upon request.

Both manufacturers and importers must keep records of the registration numbers of the articles they make available on the market. Implementing Directive 2014/58/EU introduces a system for the traceability of pyrotechnic articles.

The directive requires Member States to ensure that manufacturers, importers, distributors, retailers, etc. may only place pyrotechnic articles on the market on condition that they are stored properly and used for their intended purpose, so that they do not place health and safety at risk.

Member States must introduce rules on penalties to be applied where parties do not comply with the directive’s requirements. These rules may include criminal penalties for serious infringements.

From 1 January 2024, Implementing Decision (EU) 2023/1096 requires Member States to collect for each calendar year at least the following data on accidents within their territory, which were related to the use of pyrotechnic articles of categories F1 to F4, and transmit it to the European Commission by 1 October of the subsequent calendar year:

the overall number of accidents with injuries or the overall number of injuries related to the use of pyrotechnic articles;
the number of injuries divided by the age groups of the victims:
the number of injuries by type (hand or arm; face or head; eyes; hearing; other);
the number of injuries by degree of seriousness (injuries requiring hospitalisation; deaths, other).

Where they are unable to collect the above data, Member States may collect data from representative samples and extrapolate it.

In addition, they should collect the following data, where available:

the type of pyrotechnic article that caused the accident;
whether the accident was caused by incorrect use, misuse or the malfunctioning of the article;
whether the article was made available on the market illegally;
any other information that the Member State considers important for accident data analysis.

FROM WHEN DO THE RULES APPLY?

Directive 2013/29/EU revised and replaced 2007/23/EC and its subsequent amendments. Most of the new rules contained in Directive 2013/29/EU have applied since 1 July 2015, while the rules concerning new safety requirements for the most dangerous categories of pyrotechnic articles (categories P1, P2, T2 and F4) have applied since 4 July 2013.

BACKGROUND

For more information, see:

Chemicals legislation (European Commission)
Pyrotechnic articles (European Commission).

KEY TERMS

Pyrotechnic articles. Articles containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke, or a combination of such effects. Examples include fireworks, theatrical pyrotechnic articles, ignition devices and vehicle airbags.

EU-type examination. It is the part of a conformity assessment procedure in which a notified body examines the technical design of a pyrotechnic article, and verifies and attests that the technical design of the pyrotechnic article meets the requirements of the Directive 2013/29/EU that apply to it.

MAIN DOCUMENT

Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast) (OJ L 178, 28.6.2013, pp. 27–65).