This page contains information relating to marking (CE marking) explosives to comply with the regulations that apply when placing explosives and pyrotechnic articles on the market within the European Union.
CE marking confirms that a ‘Notified Body’ has tested that the explosive conforms to the relevant European standard and meets essential safety requirements.
All explosives and pyrotechnic articles for civilian use that are placed on the market within the European Union must carry a CE mark.
In Great Britain the Notified Body responsible for CE marking is the Health and Safety Laboratory.
Health and Safety Laboratory
Harpur Hill
Buxton
Derbyshire SK17 9JN
United Kingdom
Telephone: (+44) 01298 218150
Facsimile: (+44) 01298 218180
In Great Britain the requirements for marking explosives are set out in the Placing on the Market and Supervision of Transfers of Explosives Regulations 1993 (POMSTER) and the requirement for pyrotechnic articles is set out in the Pyrotechnic Articles (Safety) Regulations 2010.
Separate, parallel regulations for POMSTER apply in Northern Ireland.
POMSTER implements Council Directive 93/15/EEC (on the harmonisation of the provisions on the placing on the market and supervision of explosives for civil uses). The Regulations cover safety requirements for explosives and security controls on their transfer.
For further information about POMSTER see Acquisition and transfer of explosives.
POMSTER does not apply to pyrotechnic articles, which are covered by Pyrotechnic Articles (Safety) Regulations 2010.
Directive 93/15/EEC does not define what is a ‘pyrotechnic article’. The European Commission has adopted Commission Directive 2004/57/EC, which includes (in Annex 1) a list considered to be pyrotechnic articles or ammunition for the purposes of Directive 93/15/EEC.
Directive 2004/57/EC also includes (in Annex 2) a further list of articles for which ‘a determination’ is required as to whether they are pyrotechnic articles. This means that expert judgement will need to be taken by Member State Notified Bodies as to whether or not the article is in the scope of Directive 93/15/EEC.
HSE has issued guidance on which items are considered to be pyrotechnic articles and, therefore, exempt from the requirements of the Directive and POMSTER. These articles are to be considered as ammunition and, therefore, exempt from the CE marking requirements of the Directive, but not from other provisions.
Guidance on pyrotechnic articles and ammunition
Anyone who places a relevant product on the UK market must ensure that it meets the essential safety requirements and is tested by a third party using the procedures outlined in these Regulations.
The Pyrotechnic Articles (Safety) Regulations 2010 implement European Directive 2007/23 on the placing on the market of pyrotechnic articles. In UK legislation the Regulations primarily replace the Fireworks (Safety) Regulations 1997 but have wider product coverage and cover the whole of the UK. There is a transition period until 3 July 2017 for products that comply with the existing legal requirements.
The Regulations deal with the harmonisation of standards and the safety of pyrotechnic articles placed on the market. The products covered include fireworks, theatrical pyrotechnics, and other pyrotechnic articles including car air-bag detonators, shroud cutters, and a wide variety of specialist articles. The Regulations do not generally deal with the use of these items and do not cover military and civil-use explosives or marine equipment which is covered by other legislation.
The Regulations also define those products which are available to the general public, specific age restrictions on sale, and those articles which are only for supply to specialists.
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