Statutory guidance

Pyrotechnic Articles (Safety) Regulations 2015: Northern Ireland

Updated 7 November 2023

Guidance on the regulations as they apply to products being supplied in or into Northern Ireland.

November 2023

1. Introduction

This Guide is for businesses placing pyrotechnic articles on the market in Northern Ireland.

Under the terms of the Windsor Framework see footnote 1, Northern Ireland (“NI”) aligns with relevant EU rules (in Annex 2) relating to the placing on the market of manufactured goods. Pyrotechnic articles placed on the NI market must therefore follow UK law as it applies to NI. The relevant law is the Pyrotechnic Articles (Safety) Regulations 2015, which apply across the UK, but some of the provisions apply differently in NI so that they continue to implement Directive 2013/29/EU on pyrotechnic articles in NI.

This Guide is designed to help you comply with The Pyrotechnic Articles (Safety) Regulations 2015 as they apply in NI. References to “The 2015 Regulations” are references to The Pyrotechnic Articles (Safety) Regulations 2015 as they apply in NI. The 2015 Regulations set out the requirements which must be met before pyrotechnic articles can be placed on the NI 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 NI 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 also 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.

Since 16 July 2021, the EU Regulation on Market Surveillance 2019/1020 (referred to as “MSC” in this document) has replaced the market surveillance provisions in the Regulation on Accreditation and Market Surveillance 765/2008. Under the terms of the Windsor Framework, EU rules on goods listed in Annex 2 apply in Northern Ireland, including MSC, which will be directly applicable in NI and applies in addition to the 2011 Regulations. MSC does not apply in Great Britain.

Article 4 of MSC requires that an economic operator responsible for compliance must be based in the EU (or NI) in order to lawfully place certain products on the market, including pyrotechnic articles. This responsible economic operator must fulfil certain compliance tasks. This Guide summarises key requirements of Article 4, but detailed guidance is available here.

Read guidance on placing certain products on the Northern Ireland market

Pyrotechnic articles placed on the Great Britain (“GB”) market (GB comprises England, Scotland and Wales) must follow the separate rules for the GB market. If you are placing pyrotechnic articles on the market in GB you should read the relevant separate guidance.

Read guidance on the regulations in Great Britain

The government is committed to providing unfettered access for qualifying NI goods to the rest of the UK market. Pyrotechnic articles that can be placed on the market in NI in accordance with the 2015 Regulations, as they apply to NI, can be sold in the rest of the UK without any additional approvals. The arrangements here are explained in detail in the separate guidance for placing pyrotechnic articles on the market in GB.

2. Legislative Background

The 2015 Regulations 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 Directive continues to apply in respect of NI, under the terms of the Windsor Framework. However, the 2015 Regulations (as they apply in NI) also implement parts of the Windsor Framework which have particular provisions in them, recognising that the UK has left the EU.

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

The 2015 Regulations are amended by the Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 and the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to give effect to the Windsor Framework as it relates to the placing on the NI market of pyrotechnic articles. See footnote 2

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 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

The 2015 Regulations

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]

MSC

Responsible economic operator

If a pyrotechnic article is offered for sale or supply to NI (or EU) consumers, it is considered to be placed on the EEA market. Article 4 requires that a responsible economic operator must be based in NI (or the EU) to carry out certain compliance tasks in respect of that article. This can be the manufacturer, an importer, a manufacturer’s authorised representative, or a fulfilment service. They must carry out the compliance tasks in Article 4 and their contact details must be indicated on the product or on its packaging, the parcel or an accompanying document.

Read guidance on placing certain products on the Northern Ireland market

5. Obligations of manufacturers

The 2015 Regulations

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. Manufacturers must categorise pyrotechnic articles according to the categories set out in Schedule 1 and ensure that categorisation is confirmed by a notified body as part of a relevant conformity assessment procedure. See regulation 6.
2. In addition these Regulations prohibit economic operators from making F2 and F3 fireworks available to persons below the age of 18. See regulation 31.
3. Manufacturers 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. Manufacturers must have a conformity assessment procedure carried out by an appropriate organisation and must draw up technical documentation. Once this has been done, a manufacturer must draw up an EU Declaration of Conformity, and affix the CE marking to the product. See regulations 8 and 9.
5. Manufacturers must keep technical documentation and the EU Declaration of Conformity for 10 years after the pyrotechnic article was placed on the NI market. See regulation 10. This 10-year period commences on the date on which the particular article in question is placed on the NI market. It does NOT date from when the generic article of this design was first placed on the NI market.
6. 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. 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, and instructions for use and safety information.
7. 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. See regulations 11 and 12.
8. Manufacturers must put procedures in place to ensure that series production remains in conformity with the 2015 Regulations.See regulation 13
9. Manufacturers must when requested take action to monitor articles made available on the NI market by them which may present a risk. Manufacturers must keep a register of articles which are not compliant with the 2015 Regulations and any complaints or recalls concerning non-compliance. See regulation 21.
10. Manufacturers 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. See regulation 20.
11. Manufacturers must inform the Secretary of State if their business ceases to trade. Such notifications shall be made by contacting opss.enquiries@beis.gov.uk. See regulation 20.
12. Manufacturers should keep records of any other economic operators who have supplied them, or whom they have supplied with pyrotechnic articles for 10 years. See regulation 37.
13. Manufacturers must carry out sample testing and investigate complaints concerning non-compliance at the request of the enforcing authority. Manufacturers must take action to address the non-conformity of any pyrotechnic articles that it has placed on the NI market even where that article is not for consumers and even where the article does not present a risk. See regulations 21 and 22.
14. Manufacturers must notify the market surveillance authority and the competent national authority, and the competent authorities of any relevant state in which the manufacturer has made the pyrotechnical article available on the market, if a pyrotechnic article that it has placed on the NI market presents a risk. See regulation 22. Read more information on how to notify the MSA.
15. Manufacturers must cooperate with and provide information regarding conformity to enforcing authorities on request. See regulation 23.

MSC

If a pyrotechnic article is offered for sale or supply to NI (or EU) consumers, it is considered to be placed on the EEA market. Article 4 requires that a responsible economic operator must be based in NI (or the EU) to carry out certain compliance tasks in respect of that article. This can be the manufacturer, the importer, a manufacturer’s authorised representative, or a fulfilment service. The responsible economic operator must:

1. Keep documentation: Verify that the EU declaration of conformity or declaration of performance and technical documentation have been drawn up, keep the declaration of conformity or declaration of performance at the disposal of market surveillance authorities for 10 years and ensure that the technical documentation can be made available to those authorities upon request.
2. Provide documentation: If a reasoned request is made by a market surveillance authority, provide them with all information and documentation necessary to demonstrate the conformity of the product.
3. Notify risk: If there is reason to believe a product presents a risk, inform the market surveillance authority.
4. Cooperate: Cooperate with market surveillance authorities, including requests to take appropriate corrective action. If that is not possible, mitigate the risks presented by the product when they believe the product presents a risk or are requested to do so by the market surveillance authorities.

The contact details of the responsible economic operator must be indicated on the product or on its packaging, the parcel or an accompanying document.

6. Obligations of importers

For the purposes of the 2015 Regulations as they apply in NI, an importer is a business or person established in NI or the EEA who places a pyrotechnic article from outside of the EEA or NI on the NI or EEA market. Therefore, a business or person based in NI who is supplied with a product from GB will be an importer under the 2015 Regulations, if they then sell that product on the NI (or EEA) markets.

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 include:

1. Labelling pyrotechnic articles (or, if this is not possible, its packaging or on an accompanying document) with the name (or registered trade name or trade mark) and postal address of the importer. See regulation 17.
2. Retaining technical documentation and the EU Declaration of Conformity for 10 years. See regulation 19.
3. Keeping a record for 10 years of the UK registration number, trade name, generic type (and sub-type if applicable) and site of manufacture for a pyrotechnic article. See regulation 20.
4. Informing the Secretary of State if their business ceases to trade. Such notifications shall be made by contacting opss.enquiries@beis.gov.uk. See regulation 20.
5. Keeping a record of other economic operators who have supplied them, or whom they have supplied with pyrotechnic articles for 10 years. See regulation 37.
6. Monitoring pyrotechnic articles presenting a risk to health and safety at the request of an enforcing authority. See regulation 21.
7. Taking action to address the non-conformity of any pyrotechnic article that it has placed on the NI market, even where that article is not for consumers and even where the article does not present a risk. See regulation 22.
8. Notifying the market surveillance authority and the competent national authority if a pyrotechnic article that it has placed on the NI market, and the competent authorities of any relevant state in which the importer has made the pyrotechnical article available on the market, presents a risk. See regulation 22. Read more information on how to notify the MSA.

The obligations of importers also include:

1. To not place articles on the NI market which are not in conformity with the essential safety requirements. See regulation 14.
2. Ensuring that the manufacturer has complied with various duties, including carrying out a relevant conformity assessment and drawing up the technical documentation, and met the labelling requirements, as well as ensuring that the pyrotechnic article bears the CE marking, and is accompanied by the required documents. See regulation 15.
3. Not placing an article on the NI market where they consider, or have reason to believe, that the article in question is not in conformity with essential safety requirements See regulation 16.
4. Identifying themselves clearly on the article, or in certain situations on the packaging or in a document accompanying the article, including name and postal address. See regulation 17(1).
5. Ensuring that articles placed on the NI market include instructions and safety information that are clear, legible and easily understandable and in English. See regulation 18.
6. Keeping a copy of the declaration of conformity for 10 years from the date on which it is placed on the NI 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

A distributor is any person, other than the manufacturer or importer, who makes a pyrotechnic article available on the NI or EEA markets.

NI businesses which were distributors of pyrotechnic articles supplied to them from GB should now consider whether they are classified as importers under the 2015 Regulations and therefore what additional requirements they need to comply with – see section 6 above. Under the 2015 Regulations, a NI business placing a product from GB on the NI market does so as an importer not as a distributor.

The key obligations of distributors in the 2015 Regulations include:

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 NI market and notify the competent authorities of any relevant state in which the distributor has made the pyrotechnical article available on the market. See regulation 27. 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 a category P1 pyrotechnic article, which is also a 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

Economic operators, including manufacturers, importers and distributors (including wholesalers and retailers), in the UK are required to ensure pyrotechnic articles placed on the NI market meet EU 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.

A UK-based notified body did not exist for assessing and approving pyrotechnic conformity before 1 January 2021. Businesses should therefore continue to use EU based notified bodies to assess conformity.

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

• the requirements that a notified body must satisfy to assess and approve conformity (Schedule 5)
• the process of approval (regulations 43-46)
• the operational obligations of notified bodies (Schedule 6)
• procedures for monitoring notified bodies (regulation 47)

10. Conformity assessment and accreditation

Declaration of conformity

Where conformity assessment procedures demonstrate that a pyrotechnic article conforms with the essential safety requirements, manufacturers must draw up a declaration of conformity in accordance with regulation 41 and affix the CE marking in accordance with regulation 42 (see later in this guidance). The manufacturer must keep the declaration of conformity up to date. The CE marking, a UK registration number and a product, batch or serial number are to be affixed only by the manufacturer.

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 CE marking on the pyrotechnic article, and draw up the Declaration of Conformity.

The identification number of the conformity assessment organisation used must be affixed following the CE 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 NI market. It does NOT date from when the generic article of this design was first placed on the NI market.

Labelling of pyrotechnic articles

Manufacturers of pyrotechnic articles must comply with labelling requirements (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 address of the manufacturer, 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.

Traceability

The traceability obligations are intended to help identify the point in the supply chain where any 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 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
• 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. 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
• 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
• Reason for non-conformity
• Date of recall

A manufacturer or importer who considers, or has reason to believe, that an article it placed on the NI market is not in conformity must immediately make the necessary modifications or withdraw or recall the article.

Manufacturers and importers must co-operate with enforcing authorities, on receipt of a reasoned 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.

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 CE marking and that it is accompanied by the necessary documentation and instructions. 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.

A distributor must not supply an article on the NI market where they have a reasonable belief that it is not in conformity with the essential safety requirements.

If a distributor believes an article they have supplied on the NI market is not in conformity, they must make the necessary modifications or withdraw or recall the article.

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 NI market under their own name or trademark, or modifies a pyrotechnic article already placed on the NI 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 in NI by up to three months’ imprisonment a fine not to exceed the statutory maximum or both, or on indictment by up to two years’ imprisonment or a 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 BEIS 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 BEIS 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 UK 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 safety data sheet must be supplied by an economic operator to a professional user for pyrotechnic articles for vehicles (see regulation 35) .

An economic operator, on a request from a market surveillance authority, 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.

Regulation 38 prohibits the improper use of CE marking by economic operators. Particularly, only the manufacturer must affix the CE marking, and the articles must have followed a conformity assessment procedure before the CE marking is applied.

11. Products placed on the market before 1 January 2021

If you placed an individual fully manufactured product on the EEA or the UK market (either in NI or GB) before 1 January 2021, you do not need to take any additional action. These individual goods can continue to circulate on either market until they reach their end user and do not need to comply with the changes that took effect from 1 January 2021.

A fully manufactured good is ‘placed on the market’ when there is 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

The relevant economic operator (whether manufacturer, importer or distributor) bears the burden of proof for demonstrating that the good was placed on the market before 1 January 2021.

12. Qualifying Northern Ireland Goods

The government is committed to guaranteeing unfettered access for qualifying NI goods to the rest of the UK market. Pyrotechnic articles that can be placed on the NI market in accordance with the 2015 Regulations can be sold in the rest of the UK without any additional approvals. The guide to placing pyrotechnic articles on the GB market has further details on these arrangements.

Read guidance on qualifying Northern Ireland goods

13. 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 issue compliance and recall notices in cases of continued formal non-compliance (Regulation 60), e.g. where a CE 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 and/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 includes issuing compliance, withdrawal and recall notices.

Regulation 52 lists the market surveillance authorities (MSAs) responsible for enforcement of these regulations. In Northern Ireland the MSAs are the local district councils (for categories F1, F2 & F3) and the Secretary of State (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 market surveillance authorities to take action against economic operators for products that present a risk or are not in conformity with the Regulations. There are requirements on economic operators to co-operate with the enforcement authority as appropriate on request.

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

Safeguard procedure

Enforcement authorities are required under the 2016 Regulations to take all appropriate measures to withdraw from the NI market, or to prohibit or restrict the supply of products bearing CE Marking which may endanger the health and safety of persons, property or the environment if the relevant economic operator does not do so. Under the safeguard procedure, the UK must inform the European Commission and EU Member States immediately of any enforcement action taken indicating the reasons justifying the action. This will enable Member States to take action against similar products placed on the market on their territories. Similarly, if an EU Member State initiates the procedure with respect to action taken on their territories, certain actions are required of UK market surveillance authorities and the Secretary of State. The European Commission will determine whether the action taken is justified; if so enforcement authorities must take necessary measures to ensure the pyrotechnic article is withdrawn from the market.

Regulators’ Code

The relevant market surveillance authorities 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 or both. It is a 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, and the economic operator is found to be in breach, it is at the discretion of the court to decide the penalties imposed on the offender within the limits set by the legislation.

14. Glossary

• Approved Body – A conformity assessment body which has been approved by the Secretary of State or was previously a UK ‘notified body’ before 1 January 2021. There are currently no approved bodies in the UK for pyrotechnic articles, and it is open to bodies based anywhere in the world to become a UK approved body, provided they meet the requirements.
• CE marking – The CE marking can be placed on products which have been conformity assessed by an EU Notified Body and are intended for the EU or NI markets.
• Distributor – Any person in the EEA or NI supply chains, other than the manufacturer or the importer, who makes a pyrotechnic article available in the EEA or NI markets.
• Enforcing Authority – In NI, for pyrotechnic articles in categories F4, T1, T2, P1, P2, this is the Health and Safety Executive Northern Ireland. For pyrotechnic articles in categories F1, F2, F3, this is district councils.

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

  • the specific pyrotechnic article to which the declaration is referring
  • 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 NI market. This declaration must be made available to the enforcing authority upon request.

• Fulfilment service – A natural or legal person offering, in the course of commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved. This does not include postal, parcel or freight services. See footnote 3.
• Importer – A person established in NI who places a product from a country outside of the EEA or NI on the NI market. A person based in NI who before 1 January 2021 distributed a product from GB on the NI (or EEA) market, is now an importer if they are bringing products into NI from GB.
• 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 based in the EEA which has been approved by an EEA Member State to carry out conformity assessment for placing products on the EU and NI markets; or a conformity assessment body that is based in the UK and have been approved by the Secretary of State, including bodies which were notified bodies whilst the UK followed EU rules. If these UK based Notified Bodies are used, the CE marking must be accompanied by the UKNI marking and cannot be placed on the EEA market (just the NI market, or, where it is also a qualifying NI good, the GB market).
• UKCA marking – The UK Conformity Assessed UKCA) marking is the new UK conformity marking used for certain goods being placed on the GB market, in place of the CE marking, which is the conformity marking used in the European Union. Products being placed on the NI market cannot be UKCA marked and must continue to be CE marked. There are special arrangements in place to ensure NI’s unfettered access to the rest of the UK.
• UKNI marking (also known as the UK(NI) indication) – The UKNI marking must be used along with the CE marking if manufacturers wish to use a UK Notified Body for conformity assessment. The UKNI marking allows the product to be placed on the NI market (and, under the Government’s unfettered access commitments, where the product is also a qualifying NI good, on the GB market), but not the EEA market.

15. Footnotes

1: The “Windsor Framework” has the same meaning as set out in Joint Declaration No 01/2023 by the United Kingdom of Great Britain and Northern Ireland and the European Union in the Withdrawal Agreement Joint Committee on the Windsor Framework on 24 March 2023.

2: In 2019, the 2015 Regulations were amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 to fix deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and make specific provision for the UK market. The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were then amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to Great Britain only, and not to Northern Ireland, in support of implementing the Windsor Framework.

3: Fulfilment service is defined in Article 3 of MSC and for the purposes of MSC only is considered an economic operator, There are no specific obligations on fulfilment services under the 2015 Regulations.