This guidance is for all economic operators; manufacturers (their authorised representatives) importers, and distributors, of civil explosives and pyrotechnic articles placed on the market in Great Britain (GB).
The original EU Directives which implemented market surveillance requirements for civil explosives and pyrotechnics were recast in 2013/2014 as part of the EU’s new legislative framework (NLF). The NLF aims to strengthen the existing market surveillance requirements across a range of products on the single market. The NLF changes have been transposed into GB law by the Explosives Regulations 2014 (Amendment) Regulations 2016 and the Pyrotechnic Articles (Safety) Regulations 2015(PASR2015).
ERAR2016 updates the requirements for making civil use explosives available on the EU market and must be read alongside ER2014.
Market surveillance is an activity undertaken by market surveillance authorities (MSA) to ensure that when products are placed on the EU market, they comply with the essential safety requirements, and are CE marked accordingly.
HSE and Trading Standards are responsible for undertaking market surveillance as follows:
Under ER2014 as amended and PASR2015 HSE can take appropriate action in respect of any civil explosive or pyrotechnic article which is not in conformity or which presents a risk to health and safety.
HSE has a duty to evaluate any civil explosive, or pyrotechnic article, they believe is not in conformity. If any civil explosive or pyrotechnic article doesn’t comply with any of the requirements, HSE can, in consideration of the risk posed, require the relevant economic operator to:
HSE must inform the Notified Body which carried out the conformity assessment procedure of the action it has taken giving:
If the civil explosive or pyrotechnic article is on the market in other member states, HSE must inform the Secretary of State of:
If the civil explosive, or pyrotechnic article is on the market in other member states, the Secretary of State must inform the European Commission and other member states of the results of the evaluation and action taken, and provide any additional information it has relating to the lack of conformity.
Where the relevant economic operator does not take adequate corrective action within the prescribed period, HSE can take appropriate provisional measures to:
HSE must immediately notify the Secretary of State of the measures it has taken. The Secretary of State must then notify the European Commission and the other member states of the measures HSE has taken.
Other MSA within the EU must also inform the European Commission of any measures they have taken and additional information at their disposal relating to the non-compliant product.
Where, having carried out an evaluation, HSE finds that, although a civil explosive or pyrotechnic article is in conformity, it presents a risk; HSE must require the relevant economic operator to take appropriate measures to:
HSE must notify the Secretary of State immediately, of any measures taken. The Secretary of State must then notify the European Commission and the other member states immediately.