Statutory guidance

Pyrotechnic Articles (Safety) Regulations 2015: Great Britain

Updated 19 December 2024

Guidance on the regulations as they apply to products being supplied in or into Great Britain.

This guidance has been amended to reflect the announcements on 1 August 2023 and 24 January 2024 that the Government is extending recognition of certain goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024.

December 2024

1. Introduction

This Guide is for businesses placing pyrotechnic articles on the market in Great Britain (“GB”).

Read guidance on the regulations in Northern Ireland (“NI”).

This Guide is designed to help you comply with the Pyrotechnic Articles (Safety) Regulations 2015, as they apply in GB (referred to in this document as “the 2015 Regulations”). The 2015 Regulations (as they apply in GB) set out the requirements that must be met before pyrotechnic articles can be placed on the GB market. The purpose of the legislation is to protect consumers and individuals from unsafe pyrotechnic articles.

This guidance is intended for those engaged in making pyrotechnic articles available on the GB market and for enforcement authorities. The persons engaged in making pyrotechnic articles available on the market are manufacturers, importers and distributors (including retailers) and are referred to collectively as “economic operators”.

The 2015 Regulations determine which pyrotechnic articles may be made available to the general public, the specific age restrictions on the sale of such articles, and which articles may only be supplied to persons with specialist knowledge.

The Product Safety and Metrology etc. (Amendment etc.)(UK(NI) Indication)(EU Exit) Regulations 2020, provide that a third party conformity assessment body may be established outside GB. Any business applying to be a UK approved body for pyrotechnic article conformity assessment is, among other things, required to meet the approved body requirements set out in Schedule 5 of the 2015 Regulations. Further guidance on this will be published in due course. For the period 1 January 2021 to 11pm 31 December 2024, pyrotechnic articles to be made available on the market in GB may continue to be conformity assessed to essential requirements in EU law and marked with the CE marking by existing notified bodies.

The following legislative amendments and Government announcements apply:

• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to GB only, and not to NI, in support of implementing The Protocol of Ireland and Northern Ireland (“The Northern Ireland Protocol”) and now the Windsor Framework.
• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were further amended by the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to provide for a 24 month transition period for importer labelling (for goods from the EEA), UKCA marking, to amend the definition of “authorised representative” as well as introducing an end (in 12 months from the end of the Transition Period) to the recognition of goods meeting EU requirements, as well as introducing provisions for qualifying NI goods.
• On 24 August 2021 the Government announced the transition period for UKCA marking would be extended until 31 December 2022. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 14 November 2022 the Government announced it would be extending this until 31 December 2024. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) gave effect to this.
• On 20 June 2022, the Government announced the provisions for UKCA labelling and importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this.
• On 1 August 2023 and 24 January 2024, the UK Government announced it would extend recognition of goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. This means that certain goods that meet EU requirements can be placed on the GB market beyond 31 December 2024. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024. The legislation also provides for a ‘Fast-Track’ UKCA scheme, whereby steps taken towards CE marking will count towards UKCA marking, while UK product safety regulations remain aligned with EU product safety law.

2. Legislative Background

The Pyrotechnic Articles (Safety) Regulations 2015 implemented Directive 2013/29/EU on the making available on the market of pyrotechnic articles and Commission Implementing Directive 2014/58/EU on the traceability of pyrotechnic articles. The EU Withdrawal Act 2018 preserved the 2015 Regulations and enabled them to be amended so as to continue to function effectively now the UK has left the EU. Accordingly, the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 fixed any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and made specific provision for the GB market.

There is therefore one set of UK 2015 Regulations, but some of the provisions apply differently in NI under the terms of the Windsor Framework. References to the 2015 Regulations in this guidance are references to those Regulations as they apply in GB.

Read guidance on the regulations in NI.

3. Scope

Definition of ‘pyrotechnic article’

Regulation 3 defines a pyrotechnic article as an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions. Regulation 3 (2) lists articles excluded from scope, e.g. articles intended for non-commercial use by the armed forces.

Schedule 1 to the 2015 Regulations provide categories of pyrotechnic articles, some of which should only be used by those with specialist knowledge, including fireworks theatrical and other pyrotechnic articles, including vehicle air-bag activators and bird-scarers.

Certain provisions of the 2015 Regulations (broadly, those relating to obligations of economic operators) do not apply to pyrotechnic articles intended for trade fairs, exhibitions and demonstrations and for the purpose of research, testing and development, as long as they are accompanied by appropriate signage (including for example that they are not available for sale).

Interpretation of terms

The majority of terms used in the 2015 Regulations will be familiar to those involved in the pyrotechnics industry. The following interpretations are for those terms where extra clarity may be helpful.

• ‘combination’ – The interpretation of ‘combination’ articles here means an article which comprises two or more fireworks of different types in an assembly with a single initial fuse plus, in some cases, a reserve fuse. It does not include linked fireworks which are fireworks of Categories F2 or F3 that have either:

  • been designed and manufactured to be linked together by lengths of fuse of other ignition devices, or
  • been marketed as being suitable for linking together with other fireworks.

These should only be placed on the market when their suitability for use when linked has been conformity assessed and agreed by an appropriate organisation. An individual article’s conformity marking is only valid when that article is used as intended and it is invalidated by combining it with other articles.

• ‘double banger’ – firework (other than a firework falling with in regulation 33(1)(g)(i))— (a) which comprises a non-metallic tube containing two portions of pyrotechnic composition connected by a delay fuse; and (b) whose functioning principally involves report and a flash of light.
• ‘selection pack’ – For the purpose of these Regulations, more than one type of firework includes different categories of firework, so that a selection pack could comprise fireworks of more than one type and/or more than one category. This is as opposed to a primary pack which is a package of fireworks of all of which are either category F1 fireworks, category F2 fireworks or category F3 fireworks. Both selection and primary packs are offered for sale as a single retail unit.
• ‘risk’ – An amount of risk is inherent in the use of any explosive material. ‘Risk’ in the context of these Regulations should be taken to mean the point at which the element of risk crosses a threshold and becomes unacceptable. This threshold will inevitably vary according to individual situations. “Risk” is defined in the Regulations to mean a risk which could arise from lawful and readily predictable human behaviour and additionally for the purposes of some regulations may result in harm to certain interests (for example, human health).

4. Obligations of economic operators

Part 2 of the 2015 Regulations sets out the obligations that fall directly on manufacturers, importers and distributors, including retailers. The regulations that apply to respective economic operators are set out in the table below.

REGULATIONS	6-13	14-19	20-23	24-28	29-30	31-38 - A-D
Manufacturers	[x]		[x]			[x]
Importers		[x]	[x]		[x]	[x]
Distributors including retailers				[x]	[x]	[x]

5. Obligations of manufacturers

A manufacturer is a person who manufactures pyrotechnic articles, or has pyrotechnic articles designed or manufactured, and markets those pyrotechnic articles under their name or trade mark.

The obligations of manufacturers include:

1) The manufacturer must categorise pyrotechnic articles according to the categories set out in Schedule 1 and ensure that categorisation is confirmed as part of a relevant conformity assessment procedure. See regulation 6.

2) The 2015 Regulations prohibit economic operators from making F2 and F3 fireworks available to persons below the age of 18. See regulation 31.

3) The manufacturer must ensure that pyrotechnic articles are designed and manufactured in accordance with essential safety requirements. These are set out in Schedule 2, and include the safety distances, maximum noise levels, etc., for the different categories. See regulation 7.

4) The manufacturer must:

a) draw up technical documentation

b) decide which conformity assessment marking (UKCA, CE, or CE + UKNI) (see section 9 (or section 10 for Qualifying NI Goods)) they intend the vessel to have when placed on the GB market

c) ensure that the relevant conformity assessment procedure is carried out

d) draw up a declaration of conformity (UK DoC if UKCA marked, EU DoC if CE marked)

e) ensure that the declaration of conformity accompanies the product

f) affix the relevant conformity assessment marking visibly, legibly and indelibly to the product. Where it is not possible or warranted on account of the nature of the pyrotechnic article to affix the conformity assessment marking to the article itself, the marking must be affixed to the packaging and the accompanying documentation. See regulations 8, 9 and 42.

5) The conformity assessment marking must be followed by the identification number of the approved body which carried out the relevant conformity assessment procedure for the pyrotechnic article, where that body is involved in the production control phase, such number to be affixed by the approved body itself or by the manufacturer under instructions from the approved body.

6) The legislation allows the Secretary of State to approve bodies that are not established in the UK; it also allows approved bodies to meet the requirements through more use of subcontractors and subsidiaries. Please contact goodsregulation@businessandtrade.gov.uk for further information.

7) In either case, whether the product is assessed by a notified body or an approved body, the manufacturer must draw up the relevant technical documentation.

8) The manufacturer must keep technical documentation and the declaration of conformity for 10 years after the pyrotechnic article was placed on the GB market. See regulation 10. This 10-year period commences on the date on which the particular article in question is placed on the GB market. It does NOT date from when the generic article of this design was first placed on the GB market.

9) The manufacturer of pyrotechnic articles must comply with labelling requirements, ensuring an article is labelled visibly, legibly and indelibly, clearly and understandably and in English. These requirements differ depending on whether the articles are for vehicles or not, but will always include the requirement to include the name (or registered trade name or registered trade mark) of the manufacturer and single postal address at which it can be contacted, the name, type and category of the pyrotechnic article, the product, batch, or serial number of the article, the UK registration number of the article, and instructions for use and safety information.

10) Since one of the objects of labelling is to enable easy and quick monitoring and enforcement, in order to minimise disruption to an article’s supply chain (should that article be under investigation), the manufacturer should include clear and specific batch numbers, where practicable. Including batch numbers could limit recall or enforcement action to specific batch or batches rather than all the products of a particular type.

11) Schedule 3 specifies the required information for labels. Where it is not possible for the name and address of the manufacturer to be indicated on the pyrotechnic article (including where this is as a result of other labelling requirements having taken up the available space on the pyrotechnic article), the manufacturer must ensure that that information is indicated on its packaging or in a document accompanying the pyrotechnic article.

12) Where the pyrotechnic article does not provide sufficient space for the other labelling requirements (including where this is as a result of the manufacturer’s name and address having taken up the available space on the pyrotechnic article), the manufacturer must ensure that the information is provided on the smallest piece of packaging. See regulation 11.

13) In addition to the above, before placing a pyrotechnic article for a vehicle on the market, a manufacturer must draw up a UK safety data sheet, a document compiled in accordance with Annex II to Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency (as amended from time to time) and which takes account of the specific needs of professional users.

14) The manufacturer must put procedures in place to ensure that series production remains in conformity with the 2015 Regulations. See regulation 13

15) The manufacturer must keep a record for 10 years of the UK registration number, trade name, generic type (plus sub-type, if applicable) and site of manufacture for a pyrotechnic article. The manufacturer must transfer such information to the Secretary of State (or such person appointed to hold such information on its behalf) if the manufacturer ceases to trade and provide the record to an enforcing authority following a reasoned request. Such notifications shall be made by contacting opss.enquiries@businessandtrade.gov.uk. See regulation 20.

16) The manufacturer must keep records of other economic operators in their supply chain for 10 years following the supply of a pyrotechnic article and must comply with any request from the market surveillance authority (MSA) to identify any of those other economic operators received within the relevant 10 year period. See regulation 37.

17) Following a duly justified request from an enforcing authority, the manufacturer must when requested take action to monitor articles made available on the GB market by them which may present a risk, carrying out sample testing, investigating complaints that articles are not in conformity, keeping a register of such articles and any complaints or recalls and must keep distributors informed of the monitoring undertaken. An entry made in such register must be kept for a period of at least 10 years from which the obligation to make that entry arose. See regulation 21.

18) The manufacturer must monitor whether pyrotechnic articles are in conformity and whether they and must take action to address any non-conformity of any pyrotechnic articles that it has placed on the GB market by taking corrective action to bring into conformity, by withdrawing it from the market or by recalling the article, even where that article is not for consumers and even where the article does not present a risk. See regulation 22. Read more information on how to notify the MSA.

19) The manufacturer must immediately notify the MSA if it considers that a pyrotechnic article that it has placed on the GB market presents a risk giving details of any non-conformity and any corrective measures taken. See regulation 22.

20) The manufacturer must cooperate with and provide information to enforcing authorities following any reasoned requests. See regulation 23.

Manufacturers wishing to place goods on the NI market should follow the Regulation as it applies to NI. Qualifying NI goods can be placed on the GB market without any additional approvals, although additional information as to the UK based importer may be required, if the goods have an importer based in the EU/EEA. See further detail in Section 11 on Qualifying NI Goods.

6. Obligations of importers

An importer is a person or business established in the UK who places pyrotechnic articles on the GB market from a country outside the UK. This means that UK businesses which used to act as a ‘distributor’ before 1 January 2021 is now legally an ‘importer’ if they place products from an EEA country or Switzerland on the GB market and therefore must comply with the importer duties under GB legislation.

This includes pyrotechnic articles that are supplied to persons or businesses established in NI for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from the EEA and then placed on the GB market. In this instance the NI person or business will take on importer obligations for EEA-supplied goods that are placed on the GB market (see also Section 10 on Qualifying NI Goods).

Importers must not place a pyrotechnic article on the market unless it is in conformity with the essential safety requirements and have additional legal obligations which go beyond those of distributors, such as checking that manufacturers have carried out the right conformity assessment procedures, have drawn up the technical documentation, have applied the relevant conformity assessment mark and have labelled the article correctly and provided the required documents to accompany the article. The importer must also include their name, registered trade name or mark and a postal address in a language which can be easily understood by end-users and the enforcing authority on the equipment or, where this is not possible, on the packaging or in the documentation accompanying the pyrotechnic articles.

To assist with the transition, the UK is applying a transitional period ending on 31 December 2027 to allow UK operators who import pyrotechnic articles from the EEA after 31 December 2020 (and so are now importers into the GB market) to provide their details on the packaging or in accompanying documentation as an alternative to placing them on the article itself, even where it would otherwise be possible to affix it to the article.

Can you be contacted easily if there is a problem?

A key principle underpinning product safety, for the benefit of consumers and regulators, is traceability of a product back to its source.

In recognition that under the new regulatory arrangements you may have the new status of an importer when placing goods from an EEA state on the GB market for the first time, you may provide your contact details in a document that accompanies the product as an alternative to placing them on the product article itself, even where it would otherwise be possible to affix it to the article. This is an additional temporary easement to the normal labelling requirements, irrespective of the size and nature of the product, and will be allowed until 31 December 2027.

We understand that it may be difficult to provide your details on documentation accompanying each and every individual product.

You may therefore use an alternative method where, for example, your contact information is on a document accompanying a batch of products. This document would then follow each batch of products through the distribution chain. Your contact details must follow each product through the distribution chain, but not necessarily by one document per product. Ultimately, the end user, each distributor (and a regulator) must be able to access the information.

Methods which enable traceability of the product after the initial batch has been broken up could include:

• The importer address is present in shipping documents.
• The importer address is present on the invoice to the GB customer.
• The importer address is present on the label that is on the outer packaging (“shipper”) in which a number of finished goods is packed (normally customers will receive shippers unless the order is very small so that the shipper has to be opened and split).
• The importer address is included on the EU Declaration of Conformity and/or UK Declaration of Conformity (whichever is relevant for the product in question).

You should work with your distributors to ensure physical documentation does accompany batches of product as far as possible, and in all cases that there are measures in place to ensure end users are able to identify the UK importer.

Alongside that, but not as an alternative, you can use your company website to provide more information, access to product details and contact points for retailers, consumers and enforcement bodies.

These options are for a time limited period only and may not be used after 31 December 2027. You are encouraged to put in place measures to ensure that individual items do carry the importer’s address where required ahead of this date.

The EU does not have any such transitional provision in relation to importer’s details. In the absence of this, pyrotechnic articles being sold from GB to NI or the EEA must be labelled with the NI or EEA-based importer’s address. Products placed on the NI market from GB must have the address of the person or business placing them on the NI market.

Read guidance on the regulations in NI.

In the 2015 Regulations, many of the importer obligations are set out in detail separately from the manufacturer obligations. The key obligations of importers in the 2015 Regulations, which are in addition to the duties set out in the previous 2010 Regulations, are to:

1) Label pyrotechnic articles (or its packaging, or on an accompanying document – see above for transitional arrangement) name, registered trade name or registered trade mark and postal address at which the importer can be contacted. See regulation 17.

2) Retain technical documentation so that it can be made available to enforcing authorities, upon request and retain copies of declarations of conformity for 10 years beginning on the day on which the pyrotechnic article is placed on the market. See regulation 19.

3) Keep a record for 10 years beginning on the day on which it is placed on the market of the UK registration number, trade name, generic type (and sub-type if applicable) and site of manufacture for a pyrotechnic article. Such information should be transferred to the Secretary of State (or such person appointed to hold such information on its behalf) if the importer ceases to trade and provide the record to an enforcing authority following a reasoned request. Such notifications shall be made by contacting opss.enquiries@businessandtrade.gov.uk. See regulation 20.

4) Keep a record of other economic operators who have supplied them, or whom they have supplied with pyrotechnic articles for 10 years following the supply of a pyrotechnic article and comply with any request from the MSA to identify any of those other economic operators received within the relevant 10 year period. See regulation 37.

5) Monitor pyrotechnic articles presenting a risk to health and safety at the request of an enforcing authority carrying out sample testing, investigating complaints that articles are not in conformity, keeping a register of such articles and any complaints or recalls and must keep distributors informed of the monitoring undertaken. An entry made in such register must be kept for a period of at least 10 years from which the obligation to make that entry arose. See regulation 21.

6) Take action to address the non-conformity of any pyrotechnic article that it has placed on the GB market to bring into conformity, by withdrawing it from the market or by recalling the article, even where that article is not for consumers and even where the article does not present a risk. See regulation 22(1).

7) Immediately notify the MSA if it considers that a pyrotechnic article that it has placed on the GB market presents a risk giving details of the non-conformity and any corrective measures taken. See regulation 22(2). Read more information on how to notify the MSA.

The obligations of importers also include:

8) To not place articles on the GB market which are not in conformity with the essential safety requirements. See regulation 14.

9) Ensuring that the manufacturer has complied with various duties, including carrying out a relevant conformity assessment, drawn up the technical documentation and met the labelling requirements, as well as ensuring that the article bears the relevant conformity assessment marking (see section 9 (or section 10 for Qualifying NI Goods)), and is accompanied by the required documents. Where it is not possible or warranted on account of the nature of the pyrotechnic article, the UKCA marking must be affixed to the packaging and the accompanying documentation. See regulation 15.

10) Not placing a pyrotechnic article on the GB market where they consider, or have reason to believe, that the article in question is not in conformity with essential safety requirements and where the pyrotechnic article presents a risk, the importer must inform the manufacturer and the MSA of that risk. See regulation 16(1) [and (2)].

11) Identifying themselves clearly, including name and postal address, on the pyrotechnic article, or where it is not possible to indicate this on the article, or where the importer has imported the equipment from an EEA state and places it on the GB market before 31 December 2027. See regulation 17(1).

12) Ensuring that pyrotechnic articles placed on the GB market include instructions and safety information that are clear, legible and easily understandable and in English. See regulation 18.

13) Keeping a copy of the declaration of conformity for 10 years from the date on which it is placed on the GB market. They must also ensure that the technical documentation can be made available to enforcing authorities for the same period. See Regulation 19.

7. Obligations of distributors

UK businesses which were distributors of goods within the EU single market should now consider whether they are importers from the EU single market and therefore what additional requirements they need to comply with – see section 6 above.

The key obligations of distributors in the 2015 Regulations are to:

1) Keeping records of other economic operators who have supplied them, or whom they have supplied with pyrotechnic articles for 10 years beginning on the day which the relevant pyrotechnic article was supplied. See regulation 37.

2) Ensure action is taken to address the non-conformity of any pyrotechnic articles that it has placed on the market to bring that article into conformity or to withdraw or recall it and immediately providing the MSA with details of the non-conformity along with any corrective measures taken. Read more information on how to notify the MSA.

3) Retailers’ point of sale material should make it clear that Category F2 and F3 fireworks can only be sold to over 18s.

8. Obligations regarding pyrotechnic articles for vehicles

The 2015 Regulations include a prohibition which says that economic operators must not make category P1 pyrotechnic article for a vehicle (and includes airbags or seat belt pre-tensioner system), available to a member of the general public unless it is incorporated into a vehicle or detachable vehicle part (regulation 34).

9. Obligations for conformity assessment

Pyrotechnic businesses, including manufacturers, importers, distributors, wholesalers and retailers, in the UK are required to ensure products placed on the GB market meet GB conformity requirements. The same principles continue to apply: that the conformity assessor and approver must be independent of the manufacturer; they must examine the technical documentation and supporting evidence in respect of the product; where the safety requirements have not been satisfied, a certificate of conformity must not be issued until the manufacturer has taken corrective measures.

The 2015 Regulations include detail about conformity assessment and approval requirements including:

• the requirements that an organisation must satisfy to qualify for approval by the Secretary of State (regulation 44 and Schedule 5)
• the process of approval (regulations 43-45)
• the operational obligations of conformity bodies (regulation 48 Schedule 6)
• procedures for monitoring, (regulation 46) and procedures for restricting and suspension or withdrawal of approval (regulation 47)
• the ability for the approved body to use subsidiaries and contractors for its conformity assessment activities (regulation 49)
• the public register of approved bodies (regulation 50)

10. Conformity assessment and marking before products are placed on the GB market

What conformity assessment marking should the product have and when?

In line with the Government’s announcements on 1 August 2023 and 24 January 2024 about extended recognition of CE marking for products intended for the GB market, the Product Safety and Metrology etc. (Amendment) Regulations 2024 were made on 23 May 2024, and came into force on 1 October 2024.

These regulations extend recognition of CE marking indefinitely in GB. This allows businesses to use either CE or UKCA markings when placing goods on the GB market beyond 31 December 2024.

However, if GB based businesses wish to place products on the EEA market, they will continue to require a CE marking before the product is placed on the EEA market, including NI.

Placing on the market in GB	Conditions to be met	Timeframe
Can be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20
Must be UKCA marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20
Can be UKCA marked, but not CE marked	If the product is intended for placing on the GB market after 1 October 2024, and conformity assessment steps have been begun by an EU Notified Body and completed by a UK Approved Body, and has met all the essential safety requirements	New, since 1 October 2024

Placing on the market in NI	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body and meets all the essential safety requirements	Since 31/12/20
Must be CE + UKNI marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20

Placing on the market in EEA	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20

Can a product be dual marked CE and UKCA?

Yes, but only, and before placing on market:

a) where an EU Notified Body has completed conformity assessment procedures for CE marking, and

b) where a UK Approved Body has completed conformity assessment procedures for UKCA marking, and it meets all the essential safety requirements

OR from 1 October 2024:

c) where an EU Notified Body has completed conformity assessment procedures for CE marking and it meets all the essential safety requirements, the product can also be UKCA marked, or

d) where an EU Notified Body has begun conformity assessment procedures for CE marking, and these have then been completed by a UK Approved Body for UKCA marking and it meets all the essential safety requirements, the product can be UKCA marked

Can a CE marked product already on the market, subsequently be UKCA marked?

A product already on the market, marked with a CE marking, cannot subsequently be UKCA marked, unless it has undergone full conformity assessment by a UK Approved Body and meets all the essential requirements.

Any queries about CE marking or UKCA marking policy should be directed to Goods.Regulation@businessandtrade.gov.uk.

Where do I affix the conformity assessment marking?

The conformity assessment marking should be affixed visibly, legibly and indelibly to the product. Where it is not possible or not warranted on account of the nature of the product to affix the conformity assessment marking directly on the product (or its data plate), then it can be affixed to the packaging and accompanying documents.

Until 31 December 2027, the UKCA marking may be affixed to a label affixed to the product or a document accompanying the product, rather than being affixed to the product itself (even where it is otherwise possible to affix it to the product itself). ^{[footnote 1]}

Placing on the market

A fully manufactured good is ‘placed on the market’ when a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of the good.

You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:

• contracts of sale concerning goods which have already been manufactured and meet the legal requirements
• invoices
• documents concerning the shipping of goods for distribution

Products imported for further manufacture and components

When products are imported into GB for further manufacture or processing, they are not considered placed on the market. Only fully manufactured products can be considered placed on the market. Under these circumstances, the GB manufacturer of the finished product has the sole and ultimate responsibility for ensuring it is compliant before they place it on the GB market.

A finished product must be compliant with all applicable legislation when placed on the GB market. Components may be placed on the market separately and can constitute a fully manufactured product in its own right. This may include a requirement for the components of the product to be individually conformity assessed and marked. However, for many products, a single marking covering the overall product is sufficient.

Spares

Products which are repaired, refurbished or exchanged without changing their original performance, purpose, or type, are not considered ‘new’ and therefore do not need to be recertified and remarked.

This includes if the product is temporarily exported for repair (as the product is not being placed on the GB market for the first time when re-imported).

Repair, replacement and maintenance operations are often carried out using other products which are spare parts. Spare parts are considered to have been placed on the market at the time at which the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

This means that spare parts can comply with the same conformity assessment requirements that were in place at the time the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

The definition of a spare part will vary depending on the commercial context, but it is broadly determined by a product’s ultimate intended usage. Whether a product is ultimately intended to be used as a spare part should be evidenced by any document demonstrating this intended use, which should be produced when requested by MSAs.

If the product has been subject to important changes, substantially changing its original performance, purpose, or type, it will be considered as a ‘new’ product. Therefore, the modified product must comply with the relevant legislative requirements at the time the product is first placed on the market or put into service.

Steps to conformity marking

a) Check the product meets the Essential Safety Requirements.

b) Identify an appropriate organisation for an independent conformity assessment.

c) Have the product tested and its conformity checked by an appropriate organisation.

d) Draw up and keep available the required technical documentation.

e) Place the relevant conformity assessment marking on the product or if not appropriate to the packaging or accompanying documentation and draw up the Declaration of Conformity.

The identification number of the conformity assessment organisation used must be affixed following the conformity assessment marking.

Retention of technical documentation and declaration of conformity

Manufacturers are required to keep both technical documentation and the relevant declaration of conformity for 10 years (regulation 10). This 10-year period commences on the date on which the particular article in question is placed on the GB market. It does NOT date from when the generic article of this design was first placed on the GB market.

Labelling of pyrotechnic articles

Manufacturers of pyrotechnic articles must comply with labelling requirements and must ensure an article is labelled visibly, legibly and indelibly, clearly and understandably and in English (regulation 11 and 12). These requirements differ depending on whether the articles are for vehicles or not, but will always include the requirement to include the name and and single postal address at which it can be contacted, the name, type and category of the pyrotechnic article, the product, batch, or serial number of the article, the UK registration number of the article, and instructions for use and safety information.

Since one of the objects of labelling is to enable easy and quick monitoring and enforcement, in order to minimise disruption to an article’s supply chain (should that article be under investigation), it would be in the manufacturer’s interest that clear and specific batch numbers are included, where practicable. Including batch numbers could limit recall or enforcement action to specific batch or batches rather than all the products of a particular type.

Schedule 3 specifies the required information for labels. Where it is not possible for the name and address of the manufacturer to be indicated on the pyrotechnic article (including where this is as a result of other labelling requirements having taken up the available space on the pyrotechnic article), the manufacturer must ensure that that information is indicated on its packaging or in a document accompanying the pyrotechnic article. In addition, where the pyrotechnic article does not provide sufficient space for the other labelling requirements (including where this is as a result of the manufacturer’s name and address having taken up the available space on the pyrotechnic article), the manufacturer must ensure that the information is provided on the smallest piece of packaging.

In addition to the above, before placing a pyrotechnic article for a vehicle on the market, a manufacturer must draw up a UK safety data sheet, a document compiled in accordance with Annex II to Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency (as amended from time to time) and which takes account of the specific needs of professional users.

Traceability

The traceability obligations are intended to help identify the point in the supply chain where non-compliance originated and to enable appropriate corrective action to be taken (regulation 20). Enforcing authorities, manufacturers and importers must be able to trace articles all the way back to the place of manufacture, e.g. the overseas factory where the articles were made. They must also be able to identify the suppliers of each article to the enforcing authorities and any economic operator to whom they have supplied that article. It is good practice for manufacturers, importers and distributors to keep clear records showing, for each article, the steps in the supply chain in which they have been involved. This will help safety issues to be addressed rapidly and significantly reduce the time and resources required to trace an article if it is under investigation.

Example of traceability record

For each article:

• UK registration number, trade name, generic type and sub-type (where applicable) and site of manufacture (required by 2016 Regulations)
• name and address of manufacturer; product, batch and serial numbers
• date of manufacture
• name and address of importer and/or distributor (where appropriate)
• date of importation
• name and address of customer
• date of sale

Monitoring

Regulation 21(2) requires manufacturers and importers to keep a register of complaints alleging non-conformity of pyrotechnic articles with Part 2 of the 2015 Regulations (which sets out the obligations of economic operators in relation to the essential safety requirements). The register must also record details of articles found not to be in conformity with Part 2 as well as article recalls.

It is recommended that the register should include as much information as possible about each article, e.g. product, batch, serial or part number, to whom and when it was sold, and reason for non-conformity. Under the 2015 Regulations entries in the register must be kept for a minimum of 10 years from the day the obligation to make the entry arose.

Example of register entry

For each article:

• UK registration number, trade name, generic type [and sub-type (where applicable) and site of manufacture]
• name and address of manufacturer; product, batch and serial numbers (cross-reference to traceability record)
• date of manufacture
• name and address of customer
• date of sale
• source of complaint
• details of complaint
• was the article found not to be in conformity with Part 2
• reason for non-conformity
• date of recall

A manufacturer or importer who believes an article placed on the GB market is not in conformity must immediately make the necessary modifications or withdraw or recall the article. Where the article presents a risk, the manufacturer or importer must immediately inform the MSA of the risk, giving details of any non-conformity and any corrective measures taken.

Manufacturers and importers must co-operate with enforcing authorities, on receipt of a a duly justified request, if a pyrotechnic article is believed not to be in conformity. They must produce relevant documentation and, if required, assist in steps taken to evaluate or eliminate the risk such as carrying out sample testing, investigating complaints that the article is not in conformity and keeping distributors informed of any monitoring of the article.

A distributor must take due care to ensure that pyrotechnic articles are in conformity when supplying them. A person is likely to be considered to have acted with due care if they have taken such steps as a responsible, competent, conscientious professional distributor of pyrotechnic articles would have taken in the same situation.

Before a distributor supplies a pyrotechnic article on the market, they must verify that it has a conformity assessment marking, that it is accompanied by the necessary documentation and instructions. Where it is not possible or warranted on account of the nature of the pyrotechnic article, the conformity assessment marking must be affixed to the packaging and the accompanying documentation.

The distributor is also responsible for checking that the manufacturer has labelled the article properly and that the importer’s details are included on the article itself or where permissible on the packaging or accompanying documentation.

The distributor must not supply an article on the GB market where they consider or have reason to believe that it is not in conformity with the essential safety requirements.

If the distributor believes an article they have supplied on the GB market is not in conformity, they must make the necessary modifications or withdraw or recall the article. Where the pyrotechnic article presents a risk, the distributor must immediately inform the MSA of that risk, giving details of any non-conformity and any corrective measures taken. It must also inform the manufacturer or the importer of the risk.

On receipt of a reasoned request, distributors must co-operate with enforcing authorities in order to demonstrate conformity. If requested, distributors must cooperate with steps taken to evaluate and eliminate any risk.

Importers and distributors must ensure that articles for which they are responsible comply with essential safety requirements while being moved or stored and conform to the requirements of the Explosives Regulations 2014.

If an importer or distributor places an article on the GB market under their own name or trademark, or modifies a pyrotechnic article already placed on the GB market in a way that may affect the article’s conformity with the Regulations, then they are considered to be the manufacturer of that article and must therefore comply with the obligations on manufacturers.

Regulation 31 sets out the minimum age limits for the supply of Category F1, F2, F3, T1 and P1 articles, plus Christmas crackers.

Prohibition on making available to persons without specialist knowledge

Category F4 fireworks, Category T2 theatrical and Category P2 other pyrotechnic articles can only be supplied to persons with specialist knowledge. The responsibility for assuring themselves that a prospective customer has such specialist knowledge rests with the supplier of these articles. It is for the supplier to make a judgment as to whether the training in question is sufficient and provided by a person or body with a sufficient reputation in that sector.

To supply one of these articles to someone who is not a person with specialist knowledge is a criminal offence under regulation 62, punishable on summary conviction by up to three months’ imprisonment an unlimited fine or both, or for certain categories of pyrotechnics on indictment by up to two years’ imprisonment or an unlimited fine or both (Regulation 63). A person seeking to be supplied with F4 fireworks, T2 theatrical pyrotechnics or P2 other pyrotechnic article will need to demonstrate to the satisfaction of the supplier that they:

• have undertaken training recognised in the fireworks business, the theatrical profession or the industry in question according to the articles to be supplied
• have used the category of article in question
• hold valid liability insurance for the article in question

Schedule 4 specifies the requirements for persons of specialist knowledge for the above categories.

‘A person with specialist knowledge’ with reference to Category F4 fireworks should have undertaken an accredited training course.

In respect of training of persons of specialist knowledge for Category F4 fireworks, it has been agreed by the industry and DBT that such training should be accredited by an appropriate certification body. Examples of training courses can be found on the British Pyrotechnics Association website.

The concept of training recognised in the business, industry or profession does not mean that DBT will be recognising or recommending specific training courses.

Regulation 33 lists particular instances of category F2 and F3 fireworks (such as bangers) which economic operators must not make available on the GB market other than to people with specialist knowledge. The prohibition of a single item also extends to multiple items of that article. For example, the prohibition on a single shot tube means that a battery or combination containing more than one shot tube is also prohibited.

Economic operators must not supply a P1 pyrotechnic article for a vehicle to the general public unless it is incorporated in a vehicle or vehicle part (e.g. airbags or seat belt pre-tensioner systems).

A UK safety data sheet (a document compiled in accordance with Annex II to Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency (as amended from time to time) and which takes account of the specific needs of professional users) must be supplied by an economic operator to a professional user for pyrotechnic articles for vehicles.

An economic operator, on a request from an MSA, must supply the details of who has supplied them with pyrotechnic articles and who they have supplied pyrotechnic articles to. This information must be available for 10 years.

11. Qualifying Northern Ireland Goods

The Government has committed to providing unfettered access for qualifying NI goods to the rest of the UK market after 1 January 2021. Products that can be placed on the market in NI in accordance with the legislation, as it applies to NI, can be sold in the rest of the UK without any additional approvals.

This means that products that are qualifying NI goods and manufactured to the specific goods rules under the terms of the Windsor Framework can be sold in the rest of the UK if any of the following apply:

• the CE marking is lawfully applied to the good on the basis of self-declaration
• any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement) and a CE marking is affixed
• the certificate of conformity previously held by a UK approved body has been transferred to an EU-recognised notified body and a CE marking has been affixed
• any mandatory third-party conformity assessment was carried out by a UK notified body pursuant to product legislation as it applies in NI, and the good is therefore marked with the CE marking and with new UKNI marking

This will be the case even if there are changes between the EU rules that apply in NI under the terms of the Windsor Framework and the GB rules.

Read guidance on UKNI marking.

The obligations on NI businesses that are importing products from the EEA and placing them on the GB market continue to apply (see Section 7 on obligations of importers).

Read guidance on qualifying NI goods.

12. Enforcement

Market surveillance and enforcement (regulations 52-72)

The 2015 Regulations contain detailed provisions on market surveillance and enforcement. Most particularly:

• The 2015 Regulations reflect the three different scenarios with the different processes applying to each, i.e.:

  • pyrotechnic article is not in conformity and presents a risk;
  • pyrotechnic article is in conformity but presents a risk; or
  • pyrotechnic article is not in conformity but does not present a risk.

• Enforcing authorities will continue to have their current powers under present legislation but now also gain the power to, and have a duty to, take appropriate measures to restrict or prohibit a pyrotechnic article being made available on the market or to ensure that pyrotechnic article is withdrawn or recalled in cases of continued formal non-compliance (Regulation 60), an example of formal non-compliance being where a conformity marking is not affixed in accordance with Regulation 42.

Regulation 62 sets out what constitutes an offence against the 2015 Regulations and Regulation 63 sets out the penalties applicable for these offences (fines or imprisonment not exceeding 3 months or 2 years, depending on the offence).

Schedule 7 sets out the enforcement powers of weights and measures authorities (Trading Standards) and the Secretary of State. Schedule 8 specifies enforcement powers of the Health and Safety Executive. Schedule 9 sets out enforcement powers available to all enforcers, which include issuing compliance, withdrawal and recall notices.

Regulation 52 lists the MSAs responsible for enforcement of these regulations. In GB the MSAs are the local weights and measures authority (for categories F1, F2 & F3 in its area) and the Health and Safety Executive (for categories F4, T1, T2, P1 & P2).

The 2015 Regulations also provide powers to the Secretary of State or a person appointed to act on their behalf to enforce the Regulations.

The 2015 Regulations provide the power to MSAs to take action against economic operators for products that present a risk, which present a risk and are not in conformity, which present a risk but are in conformity and which are formally non-compliant. There are requirements on economic operators to co-operate with the enforcement authority as appropriate on request.

GB MSAs will take all appropriate measures to withdraw from the GB market or to prohibit and restrict the supply of products which may endanger the health and safety of persons, property or the environment.

Regulators’ Code

The relevant MSAs must continue to have regard to the Regulators’ Code when developing policies and operational procedures that guide their regulatory activities in this area. They should carry out their activities in a way that supports those they regulate to comply and grow, including choosing proportionate approaches that reflect risk.

In responding to non-compliance that they identify, regulators should clearly explain what the non-compliant item or activity is, the advice being given, actions required, or decisions taken, and the reasons for these. Unless immediate action is needed to prevent a serious breach, regulators should provide an opportunity for dialogue in relation to the advice, requirements or decisions, with a view to ensuring that they are acting in a way that is proportionate and consistent. The Secretary of State takes account of the provisions of both the Regulators’ Code and the Growth Duty in exercising their regulatory functions.

Read the Regulators’ Code.

Penalties

A person committing an offence under the 2015 Regulations may be liable to a penalty. Penalties can include a fine or a prison sentence of up to two years for the most serious offences. It is matter for the enforcement authority to decide whether prosecution is appropriate in each case taking into account the circumstances of the case and the enforcement authorities’ own policies, operational procedures and practices in line with the Regulators Code. Should a prosecution take place, it is at the discretion of the court to decide the penalties imposed on the offender within the limits set by the legislation. This regulation places an obligation on the Secretary of State to review the 2015 Regulations periodically.

13. Glossary

• Approved Body – A conformity assessment body which has been approved by the Secretary of State. It is open to bodies based anywhere in the world to become a UK approved body, provided they meet the requirements.
• CE marking – The conformity assessment marking used by the European Union. Certain goods (including simple pressure vessels) can be placed on the GB market bearing the CE marking. Where third party conformity assessment is required before the CE marking can be affixed, the assessment must be carried out by a Notified Body, not a UK Approved Body.

• Declaration of conformity – A document prepared by the manufacturer which must detail the following:

  • the specific pyrotechnic article to which the declaration is referring
  • that the fulfilment of the essential safety requirements has been demonstrated in respect of the pyrotechnic article
  • contain the elements for the relevant conformity assessment procedure followed in respect of the pyrotechnic article
  • the details specified in Schedule 3A of the 2015 Regulations, including the name and address of the manufacturer.

This must be kept by the manufacturer for a period of ten years from the date on which the pyrotechnic article was placed on the GB market. This declaration must be made available to the enforcing authority upon request.

• Distributor – Any person in the GB supply chain, other than the manufacturer or the importer, who makes a pyrotechnic article available on the GB market.
• Enforcing Authority – In GB, for pyrotechnic articles in categories F4, T1, T2, P1, P2, this is the Health and Safety Executive. For pyrotechnic articles in categories F1, F2, F3 this is local trading standards authorities. The Secretary of State may also act as the enforcing authority.
• Importer – A person established in the UK who places a pyrotechnic article from a country outside of the UK on the GB market. This includes a person based in NI who has been supplied with the product from an EEA country, who would, under NI law, be a distributor. A person who, before 1 January 2021 (under EU Rules), distributed pyrotechnic articles within the EU (including the UK) is now an importer if they are bringing pyrotechnic articles into GB from another country (including EU Member States, the EEA or Switzerland).
• Manufacturer – A person who manufactures a pyrotechnic article or has a pyrotechnic article designed or manufactured and markets that pyrotechnic article under their name or trademark.
• Notified Body – A conformity assessment body which has been notified to the European Commission to carry out conformity assessment and approve CE marking for placing products on the EU and NI markets.
• UKCA marking – The UK Conformity Assessed (UKCA) marking is the new UK conformity marking used for certain goods (including toys) being placed on the GB market.
• UKNI marking (also known as the UK(NI) indication) – The UKNI marking is a new marking applied in addition to the CE marking, where a good requiring mandatory third-party conformity assessment has been tested against EU requirements by a UK notified body. The UKNI marking applies when placing such products on the NI market. Under the Government’s unfettered access commitments, products lawfully marked with the UKNI marking can also be placed on the GB market if they are also qualifying NI goods.

14. Footnotes

1. Until 31 December 2027, the UKCA marking may be affixed to a label affixed to, or a document accompanying, the article. ↩