Market surveillance

Explosives: update

The UK has left the EU, and some rules and procedures have changed from 1 January 2021.

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 New Legislative Framework

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.

What is market surveillance?

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.

Who is responsible for undertaking market surveillance?

HSE and Trading Standards are responsible for undertaking market surveillance as follows:

HSE is responsible for market surveillance of civil explosives in Great Britain
HSE and Trading Standards are responsible for the market surveillance of Pyrotechnic Articles, including fireworks and theatrical pyrotechnics, depending on the type of firework, or pyrotechnic article. Further information is available.

What are the powers of market surveillance authorities?

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.

Civil Explosives or Pyrotechnic Articles not in conformity

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:

take appropriate action to bring the civil explosive or pyrotechnic article into conformity within a reasonable period withdraw the civil explosive or pyrotechnic article within a reasonable period; and
recall the civil explosive or pyrotechnic article within a reasonable period as prescribed by HSE

HSE must inform the Notified Body which carried out the conformity assessment procedure of the action it has taken giving:

the reason as to why the civil explosive or pyrotechnic article is not in conformity
the steps which HSE is requiring the relevant economic operator to take

If the civil explosive or pyrotechnic article is on the market in other member states, HSE must inform the Secretary of State of:

the results of the evaluation; and
the actions which it has required the economic operator to take

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:

prohibit or restrict the civil explosive or pyrotechnic article from being made available on the market
withdraw the civil explosive or pyrotechnic from the market
recall the civil explosives or pyrotechnic article

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.

Civil Explosives or Pyrotechnic Articles in conformity but presenting a risk

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:

ensure the civil explosive, or pyrotechnic article, when placed on the market, no longer presents a risk
withdraw the civil explosive or pyrotechnic article within a reasonable period (as prescribed by HSE), or
recall the civil explosive or pyrotechnic article within a reasonable period (as prescribed by HSE)

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.