Traceability of Pyrotechnic Articles Regulations, 2015

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,394, 17 ta’ Marzu, 2015

L.N. 82 of 2015

PRODUCT SAFETY ACT

(CAP. 427)

EXPLOSIVES ORDINANCE

(CAP. 33)

Traceability of Pyrotechnic Articles Regulations, 2015

IN exercise of the powers conferred by articles 38 and 39 of the

Product Safety Act, the Minister for Social Dialogue, Consumer

Affairs and Civil Liberties, on the advice of the Malta Competition

and Consumer Affairs Authority, has made the following regulations

(1) The title of these regulations is the Traceability of Citation, scope

and

Pyrotechnic Articles Regulations, 2015.

commencement.

(2) These regulations transpose Commission Implementing

Directive 2014/58/EU of 16 April 2014 setting up, pursuant to

Directive 2007/23/EC of the European Parliament and of the Council, a

system for the traceability of pyrotechnic articles.

(3) These regulations shall apply to any pyrotechnic articles

falling under the scope of the Placing on the Market of Pyrotechnic S.L. 427.70.

Articles Regulations.

(4) These regulations shall be come into force on the 17th

October, 2016.

(1) Pyrotechnic articles shall be labelled with a Registration

number.

registration number as follows

(i) the four-digit identification number of the

notified body that issued the EC type-examination

certificate in accordance with the EC type-examination

procedure (Module B);

(ii) a certificate of conformity in accordance with

the unit verification procedure (Module G);

(iii) the quality system approval in accordance

with the full product quality assurance procedure (Module

H),

as referred to in the Second Schedule to the Placing on the S.L. 427.70.

Market of Pyrotechnic Articles Regulations.

(2) The category of the pyrotechnic article for which

conformity is certified shall be labelled, in abbreviated format, in

upper case, as follows

(i) F1, F2, F3 or F4 for fireworks of category 1,

2, 3 and 4 respectively;

(ii) T1 or T2 for theatrical pyrotechnic articles of

category T1 and T2 respectively; and

(iii) P1 or P2 for other pyrotechnic articles of

category P1 and P2 respectively.

(3) The processing number, used by the notified body for the

pyrotechnic article, shall also be labelled accordingly.

(4) The registration number shall be structured as follows

“XXXX — YY — ZZZZ…”; where -

XXXX refers to subregulation (1)(i) - (iii),

YY refers to subregulation (2), and

ZZZZ refers to subregulation (3).

(1) Notified bodies, carrying out conformity assessment

procedures, pursuant to regulation 9 of the Placing on the Market of

Pyrotechnic Articles Regulations, shall maintain a register of

pyrotechnic articles for which they have issued

(a)

EC type-examination certificates in accordance with

the EC type-examination procedure (Module B);

(b) certificates of conformity in accordance with the

unit verification procedure (Module G);

(c)

quality system approvals in accordance with the full

product quality assurance procedure (Module H),

as referred to in the Second Schedule to the Placing on the Market

of Pyrotechnic Articles Regulations, in the format set out in the

Schedule to these regulations.

(2) The register of pyrotechnic articles shall contain at least

the information on the items set out in the Schedule to these

regulations which information shall be kept for at least 10 years from

the date on which the notified bodies issue certificates or approvals

referred to above. Notified bodies shall regularly update the register

and make it publicly available on the internet.

(3) Where the notification of a conformity assessment body is

withdrawn, that body shall transfer the register to another notified

body or the competent authority of the Member State concerned.

Manufacturers and importers of pyrotechnic articles shall - Obligations of

manufacturers

and importers.

(a) keep a record of all registration numbers of

pyrotechnic articles manufactured or imported by them together

with their trade name, generic type and subtype, if applicable,

and the site of manufacture for at least 10 years after the article

has been placed on the market;

(b) transfer the record to the competent authorities in

case the manufacturer or importer is ceasing its activity;

(c)

provide the competent authorities and market

surveillance authorities of all Member States, upon their

reasoned request, with the information referred to in paragraph

(a).

Schedule

Register Format

[Regulation 3]

Production

Registration

Date of issue of

Manufacturer

Type of

Notified body

phase

number

EC type-

product

undertaking

conformity

examination

(generic)

production

module (1)

certificate

and subtype

phase

(Module B),

if applicable

conformity

certificate of

assessment (1)

conformity

(Module G) or

quality system

approval

(Module H)

and date of

expiry where

applicable

(1) Always has to be filled in if under responsibility of the notified body carrying out conformity assessment procedure

referred to in Article 9(a) of Directive 2007/23/EC (Module B). Not required for conformity assessment procedures referred to

in regulation 9(b) and (c)-(Modules G and H) of the Placing on the Market of Pyrotechnic Articles Regulations. Information

shall be given (where known) if another notified body is involved.

€0.18