BS and CE Fireworks

The Pyrotechnic Articles (Safety) Regulations 2010, came into force 4th July 2010 (this included Category F1, F2 and F3 fireworks) excepting part 3 (Category F4 fireworks and pyrotechnic articles) that came into force 4th July 2013.

The Regulation gave notice that fireworks would have to fully comply with the EU declaration of conformity and CE markings at 5th July 2017 but contained exceptions which dis-applied the Regulations until 4th July 2017 for supply of pyrotechnic articles within the UK provided existing provisions are met.
These requirements were carried forward through the 2013 Regulations and to the current 2015 Regulations.
By non-CE, this presumes a valid BS conformity (ie BS 7114 or BS 14035).

The disapplication is stated in the Pyrotechnic Articles (Safety) Regulations 2015.

Part 6, Miscellaneous, Section 74, Transitional Provisions.
• 74-1 allows a non-CE Category F1, F2 and F3 firework which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2010.
• 74-2 allows a non-CE Category F4 firework, T1, T2, P1, P2 Pyrotechnic Article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2013.
• 74-3 states that 74-1 and 74-2 cease to have effect on 5th July 2017.

This means that at this date, all categories of Fireworks and Pyrotechnic Articles would have to be CE marked and any existing BS conformity would cease to have any legal validity.

If simple terms, at 5th July 2017 any firework that is not CE marked should not exist on the UK market, ie illegal to own, store, sell, use, transport. The continued existence of such a firework after this date would require competent authority intervention.

Furthermore, at 5th July 2017, Manufacturers, Importers and Distributors have an obligation to take corrective measures for any non-conforming pyrotechnic article that they knowing have placed on the market that are no longer subject to the transitional provisions.

Part 2, Chapter 3, Section 22, Manufacturers and Importers
Part 2, Chapter 4, Section 27, Distributors

22(1) and 27(1) state that necessary corrective measures are taken to
(a) bring that pyrotechnic article into conformity
(b) withdraw the pyrotechnic article
(c) recall the pyrotechnic article

Now we know that the provisions in July 2010 and July 2013 caused problems in the industry because of the sheer volume of BS fireworks already in the process of being made available on the market and the industries general intransigence. As a result of the early poor compliance there was a little grace period given by Trading Standards and HSE as the transition from BS to CE started to take hold.

However, the 5th July 2017 deadline is an absolute and realises the full implementation of the original European Directive and has been the intent since the regulation was first introduced in 2010. The transitional provisions gave the UK a 7 year breathing space. At this time Illuminate do not see or hear anything from the authorities that would allow any further grace period.

Illuminate do not know what volume of non-conforming fireworks are still out there and will be at 5th July 2017 but do recognise that after 7 years of knowing what the deadline is, there would be little excuse for not complying.
Illuminate advice for anyone in the firework business would be to not have any BS fireworks (ie non-CE) after 4th July 2017.

Illuminate Consult

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