Market surveillance

This guidance is for all importers, manufacturers and suppliers of civil use explosives and pyrotechnics to be placed on the market in Great Britain (GB). The main EU legislation came into force on 1 January 2010. However, additional GB legislation to implement certain parts of the EU legislation has not yet been completed.

What is market surveillance?

Market surveillance is an activity undertaken by public authorities to ensure that when products for civil use are placed on the market, they comply with the essential safety requirements to prevent them endangering the public. These requirements are set out in the relevant EU legislation.

Who is responsible for undertaking market surveillance?

Public authorities, such as HSE and trading standards, are responsible for undertaking market surveillance as follows:

• For explosives, HSE undertakes market surveillance activities
• Trading standards and HSE have joint enforcement responsibilities for pyrotechnic articles, which include fireworks and theatrical pyrotechnics

What are the powers of the public authorities?

In addition to the existing powers of inspectors given under section 20 of the Health and Safety at Work etc Act 1974, the new powers enable inspectors to take relevant action in respect of defective products presenting a serious risk to health and safety.

Inspectors will be able to:

• recall
• restrict
• withdraw
• prohibit
• destroy or render inoperable

any defective product.

Regulations

Requirements for Accreditation and Market Surveillance (Regulation (EC) No. 765/2008 (RAMS)