What is Act No. 206 / 2015 Coll.?

Act No. 206 / 2015 Coll., on pyrotechnic articles and on the treatment and modification of certain laws (Act on pyrotechnic) — Act on pyrotechnic articles and on the treatment of pyrotechnic articles and on the amendment of certain laws (Act on pyrotechnic articles).

When it became Act No. 206 / 2015 Coll. effectiveness?

Act No. 206 / 2015 Coll. became effective 04.09.2015.

Is Act No. 206 / 2015 Coll. still valid?

Yes, Act No. 206 / 2015 Coll. is still valid and effective.

How many times was it Act No. 206 / 2015 Coll. amended?

Act No. 206 / 2015 Coll. has 9 time versions of the text.

Act No. 206 / 2015 Coll. - Act on pyrotechnic articles and on the t...

206

THE LAW

of 23 July 2015

on pyrotechnic articles and their handling and amending certain laws (pyrotechnic Act)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

PYROTECHNIC PRODUCTS

HLAVA I

INTRODUCTORY PROVISIONS

§ 1

Subject matter

(1) This Act implements the relevant European Union1 (hereinafter referred to as the Union), amends the rules designed to achieve the free movement of pyrotechnic articles in the internal market, the essential safety requirements which pyrotechnic articles must meet before they are made available on the market, and other requirements for ensuring the protection of human life, health, property, public security, including consumer protection and safety, taking into account the interest in the protection of the environment.

(2) This Act also regulates pyrotechnic articles

(a) the rights and obligations of manufacturers, importers, distributors, professionals and other persons;

(b) the exercise of public administration;

(c) conformity assessment.

(3) This Act shall not apply to pyrotechnic articles covered by other legislation.

§ 3

Definition of terms

For the purposes of this Act:

(a) a pyrotechnic article containing explosive substances or a mixture of explosive substances intended to produce heat, light, sound, gas, smoke, or a combination of these effects by means of self-sustaining exothermic chemical reactions;

(b) fireworks a pyrotechnic article intended for entertainment purposes;

(c) a pyrotechnic article intended for use in indoor and outdoor scenes, including film and television productions;

(d) a pyrotechnic article for use in a vehicle as part of a vehicle safety device containing pyrotechnic substances used to activate this or any other device;

(e) a person with professional competence, a natural person authorised to handle pyrotechnic articles;

(f) making available on the market the supply of pyrotechnic articles for distribution, consumption or use on the Union market in the course of a commercial activity, whether for consideration or free of charge;

(g) placing on the market the first supply of a pyrotechnic article on the Union market;

(h) by a manufacturer who places on the market, under his name or trade mark, a pyrotechnic article which he manufactures, or which has it designed or manufactured;

(i) by an importer established in the Union who places a pyrotechnic article from a third country on the Union market;

(j) by the distributor, the supplier in the supply chain, except for the manufacturer or importer who makes the pyrotechnic article available on the market;

(k) the operator of the manufacturer, importer or distributor;

(l) the technical specification of the document setting out the technical requirements to be met by the pyrotechnic article;

(m) a Union harmonisation regulation harmonising the conditions for placing products on the market (6),

(n) harmonised standard harmonised standard established by the Union harmonisation Regulation (7);

(o) conformity assessment procedure to demonstrate compliance with the essential safety requirements for a pyrotechnic article;

(p) the notified body is the authority or person carrying out conformity assessment activities, including calibration, testing, certification of pyrotechnic articles and supervision under this law;

(q) by withdrawing from circulation a measure aimed at returning the pyrotechnic article which has already been delivered to the user;

(r) by withdrawing from the market measures aimed at preventing the pyrotechnic article in the supply chain from being made available on the market;

(s) the CE marking indicating by the manufacturer that the pyrotechnic article is in conformity with the relevant requirements laid down in the Union harmonisation regulation governing the affixing of this marking (8);

(t) by means of a hand-held storage facility for pyrotechnic articles, constructed from the sales room;

(u) fireworks activity where pyrotechnic articles of category F4 or T2 are used to produce light, sound, smoke or a combination of these effects, including the preparation and execution of such effects;

(v) fireworks of current or successive firing of pyrotechnic articles of category F2, F3 or T1 containing more than 10 kg of total net explosive content;

(w) the safety circuit of the territory at risk of the effects of detonated pyrotechnic articles, in particular the release of their parts or the impact of hazardous residues upon their launch.

HLAVA II

CATEGORY OF PYROTECHNICAL PRODUCTS

§ 4

Category of pyrotechnic articles

(1) The manufacturer shall classify pyrotechnic articles in the categories set out in Annex 1 to this Act according to the method of use or their purpose and level of hazard, including the level of noise. The notified body shall, in the context of conformity assessment, confirm that the pyrotechnic article has been correctly classified in the categories set out in Annex 1 to this Act.

(2) Pyrotechnic articles are classified in the following categories:

(a) fireworks of category F1, F2, F3 or F4;

(b) theatrical pyrotechnics to category T1 or T2;

(c) other pyrotechnic articles falling within category P1 or P2.

§ 5

Age limits and other restrictions

(1) A pyrotechnic article may be made available on the market if it is a pyrotechnic article

(a) category F1, only to a natural person aged 15 years,

(b) category F2, T1 or P1, only to a natural person aged 18.

(2) Pyrotechnic products of category P1 for use in vehicles, including airbags and safety-belt pretenders, can only be made available on the market to an economic operator or to another entrepreneur for incorporation in a vehicle or a removable part of a vehicle.

HLAVA III

ASSESSMENT OF CONFORMITY AND NOTIFICATION OF PYROTECHNIC PRODUCTS

§ 6

Presumption of conformity

(1) Pyrotechnic articles which are in conformity with harmonised standards or parts thereof to which the references in the Official Journal of the European Union have been published shall be deemed to comply with the essential safety requirements to which those standards or parts thereof apply.

(2) The essential safety requirements for pyrotechnic articles are set out in Annex 2 to this Act.

§ 7

Conformity assessment procedures

(1) The conformity assessment procedures are:

(a) EU type-examination;

(b) conformity based on conformity assessment of each product; or

(c) conformity based on comprehensive quality assurance with regard to category F4 fireworks.

(2) Where the conformity of a pyrotechnic article is assessed in accordance with the EU-type examination procedure, this procedure for placing on the market shall be supplemented by a conformity assessment procedure based on:

(a) internal control of the production and testing of the product under supervision at random intervals;

(b) quality assurance of the production process; or

(c) product quality assurance.

(3) The Government of the Republic of Moldova provides for the description and content of each conformity assessment procedure, including the documentation to be kept for each conformity assessment procedure and the procedure of the manufacturer and the notified body for each conformity assessment procedure.

§ 8

Submission of pyrotechnic articles to a notified body

(1) The manufacturer must submit the pyrotechnic article to the notified body for conformity assessment before placing the pyrotechnic article on the market if the relevant conformity assessment procedure referred to in Article 7 so requires.

(2) The application for conformity assessment must be in writing and include:

(a) the name or addendum of the distinguishing manufacturer or of the manufacturer's business name;

(b) the address of the registered office or place of business or any other address for service;

(c) the procedure for the required conformity assessment;

(d) a statement that the same application has not been lodged with another notified body.

(3) The manufacturer shall accompany the application with documentation belonging to each conformity assessment procedure. The scope and description of this dossier for each conformity assessment procedure shall be determined by the Government by means of a regulation.

(4) The manufacturer shall also accompany the application with a sample of the pyrotechnic article. The manufacturer shall, upon request of the notified body, provide additional samples of pyrotechnic articles if they are necessary to assess their conformity. The manufacturer shall not return samples of pyrotechnic articles.

§ 9

Procedure of the notified body

(1) The notified body shall draw up, on the basis of a conformity assessment, an evaluation report evaluating the documentation related to each conformity assessment procedure, the samples submitted and any examinations and tests, if any. The content of this report may be published only with the agreement of the manufacturer.

(2) Where, on the basis of conformity assessment, it is demonstrated that the pyrotechnic article complies with the essential safety requirements, the notified body shall issue to the manufacturer:

(a) an EU type-examination certificate, if it is a procedure under Article 7 (1) (a);

(b) a certificate of conformity if it is a procedure under Article 7 (1) (b);

(c) a certificate of approval of the quality system if it is the procedure referred to in Article 7 (1) (c);

(d) a certificate of conformity, if it is a procedure under Article 7 (2) (b) or (c).

(3) Where, on the basis of a conformity assessment, a pyrotechnic article complies with the essential safety requirements, the notified body shall not issue the certificate or certificate referred to in paragraph 2 (hereinafter referred to as "the certificate ') and the pyrotechnic article may not be placed on the market.

(4) The Government shall lay down by Regulation the description and particulars of the EU-type examination certificate and the conformity assessment certificate.

§ 10

EU declaration of conformity

(1) The EU declaration of conformity shall be drawn up by the manufacturer where this law so provides.

(2) The EU declaration of conformity shall indicate that the manufacturer has demonstrated compliance with the essential safety requirements set out in Annex 2 to this Act.

(3) The EU declaration of conformity contains the requirements laid down for the relevant conformity assessment procedure and must be kept up to date. The operator who makes the pyrotechnic article available on the market in the Czech Republic shall ensure that the EU declaration of conformity is translated into the Czech language. The EU model declaration of conformity shall be established by the Government by means of a regulation.

(4) Where a pyrotechnic article is to comply with requirements under several laws, the manufacturer shall draw up a single EU declaration of conformity for all those requirements. The single EU declaration of conformity shall include all the legislation with which the product is in conformity with the requirements laid down.

(5) By drawing up an EU declaration of conformity, the manufacturer shall take responsibility for the compliance of the pyrotechnic article with the requirements laid down in this Act.

(6) A copy of the EU declaration of conformity shall be provided by the manufacturer to the competent authorities upon request.

§ 11

Register of pyrotechnic articles

(1) The notified body shall keep a register of pyrotechnic articles certified by it.

(2) The register of pyrotechnic articles is a publicly available list in which the notified body records:

(a) identification of the manufacturer pursuant to Article 19 (3);

(b) in the case of imports, the identification of the importer pursuant to Article 20 (5);

(c) the registration number of the pyrotechnic article;

(d) the date of issue of the certificate or, where applicable, the date of expiry of the certificate;

(e) the type of pyrotechnic article and, where appropriate, the subtype;

(f) for the conformity assessment procedure referred to in Article 7 (2)

1. the conformity assessment procedure for the production phase; and

2. notified body carrying out conformity assessment for the production phase.

(3) The information referred to in paragraph 2 must be kept for at least 10 years from the date on which the pyrotechnic article was certified. The notified body shall regularly update the register of pyrotechnic articles and make it available on its website.

(4) The notified body shall transfer the register of pyrotechnic articles to another notified body pursuant to this Law if the notification is revoked; If there is no such body, it shall be transferred to the notifying authority pursuant to Paragraph 42 (1).

(5) The model format of the register referred to in paragraph 1 is laid down by the Ministry of Industry and Trade (hereinafter referred to as "Ministry") by a decree.

§ 12

Labelling and traceability of pyrotechnic articles

(1) For the purposes of traceability of pyrotechnic articles, the manufacturer shall indicate the registration number assigned by the notified body carrying out the conformity assessment in accordance with Article 7. The registration number shall consist of the following parts:

(a) the four-digit identification number of the notified body which issued the certificate;

(b) the category of pyrotechnic article for which conformity is certified in abbreviated format

1. F1, F2, F3 or F4 for fireworks,

2. T1 or T2 for theatre pyrotechnics category,

3. P1 or P2 for other pyrotechnic articles of category, and

(c) the serial number assigned by the notified body to the pyrotechnic article.

(2) The registration number referred to in paragraph 1 must have the following structure: "XXXX - EY - ZZZZ..." where XXXX is the four-digit identification number referred to in paragraph 1 (a), EY is the category of pyrotechnic article referred to in paragraph 1 (b) and ZZZZ... is the serial number of the pyrotechnic article referred to in paragraph 1 (c).

(3) The manufacturer or importer shall keep a record of all the registration numbers of the pyrotechnic articles which he or she produces or imports, together with the name of the product, type or, where applicable, subtype of the product and its place of manufacture, for at least 10 years after the product has been placed on the market.

(4) The manufacturer or importer shall, within 2 months at the latest, transmit the records referred to in paragraph 3 in the event of its disappearance:

(a) without a legal successor or with a legal successor which does not continue in the course of business, the Czech Trade Inspection Office or, in the case of pyrotechnic articles of categories F3, F4, T2 or P2, the Czech Mining Authority; and

(b) with a successor in title who continues to pursue the subject of business, to that successor in title.

(5) If the manufacturer or importer does not cease to exist, the records referred to in paragraph 3 shall be transmitted to the successor legal person within 2 months at the latest, to the extent that the successor legal person continues the business.

(6) The manufacturer or importer shall provide the notified body and the Czech Trade Inspection Centre or, in the case of pyrotechnic articles of category F3, F4, T2 or P2, to the Czech Mining Authority, on the basis of their instructions, the information specified in the records referred to in paragraph 3.

(7) A person who, in connection with the disappearance of a manufacturer or importer or with its transformation, is required to make the alert referred to in paragraph 3 available shall be required to forward it to the legal successor of the manufacturer or importer who continues the business and, if not, to the Czech Trade Inspection Office or, in the case of pyrotechnic articles of categories F3, F4, T2 or P2, to the Czech Mining Authority. Such a person shall be required to submit this documentation no later than 2 months after the date on which he became available.

§ 13

Labelling of pyrotechnic articles not intended for use in vehicles

(1) The designation of a pyrotechnic article not intended for use in vehicles shall include:

(a) the manufacturer's data referred to in Article 19 (3), if the manufacturer is established in the Union, or the manufacturer's data referred to in Article 19 (3), and the importer's data referred to in Article 20 (5), if the manufacturer is not established in the Union,

(b) the name, type, number and batch or series of pyrotechnic articles,

(c) the registration number of the pyrotechnic article;

(d) the minimum age limit provided for in Article 5;

(e) the category of pyrotechnic article referred to in Section 4 (2);

(f) instructions for use;

(g) the net content of explosive substances;

(h) the period of application;

(i) for fireworks of categories F3 and F4, the year of manufacture; and

(j) data on safe distance for pyrotechnic articles where appropriate.

(2) In addition to the labelling referred to in paragraph 1, fireworks shall be accompanied by:

(a) category F1, if appropriate, the indication "for outdoor use only" and minimum safe distance;

(b) category F2 "for outdoor use only" and minimum safe distance,

(c) category F3 "for outdoor use only" and minimum safe distance,

(d) category F4 "for use only by persons with competence" and minimum safe distance.

(3) In addition to the designation referred to in paragraph 2, theatrical pyrotechnics shall be accompanied by:

(a) category T1, if appropriate, the indication "for outdoor use only" and minimum safe distance;

(b) category T2 "for use only by persons with professional competence" and minimum safe distance.

(4) If there is insufficient space on the pyrotechnic article to meet the labelling requirements of paragraphs 2 to 4, this information shall be given on the smallest packaging of the pyrotechnic article for sale.

§ 14

Labelling of pyrotechnic articles for use in vehicles

(1) The designation of the pyrotechnic article intended for use in vehicles shall include:

(a) information on the manufacturer referred to in Article 19 (3);

(b) the name and type of the pyrotechnic article;

(c) the registration number and the number of the product, batch or series; and

(d) safety instructions, if necessary.

(2) If there is insufficient space on the pyrotechnic article for use in vehicles for the marking referred to in paragraph 1, this marking shall be indicated on the packaging.

(3) The operator shall supply to the user the pyrotechnic articles for use in a vehicle in the course of his business, to the vehicle or the removable part of the vehicle, a safety data sheet for the pyrotechnic article for use in vehicles which is assembled in accordance with the Union-10 Regulation directly applicable and which takes into account the specific needs of these users. The safety data sheet shall be supplied in the language requested by the user, in paper form or in electronic form if the user so requests.

HLAVA IV

CE MARKING

§ 15

Rules and conditions for affixing the CE marking and other markings

In addition to the general principles of the Union Regulation directly applicable, the CE marking shall be marked in accordance with the following requirements:

(a) the CE marking shall be affixed visibly, legibly and indelibly to the pyrotechnic article; where this is not possible or justified due to the nature of the pyrotechnic article, the labelling must be attached to the packaging and accompanying documents,

(b) the CE marking shall be affixed before the pyrotechnic article is placed on the market;

(c) the CE marking shall be followed by the identification number of the notified body if it has been involved in the production control phase; the notified body's identification number is affixed by the notified body or is affixed to it by the manufacturer,

(d) the CE marking and, where appropriate, the identification number of the notified body may be followed by any other mark indicating a specific risk or use.

HLAVA V

ECONOMIC AUTHORITY

§ 16

Obligations of the operator

(1) Only operators may make pyrotechnic articles available on the market. Only pyrotechnic articles complying with the requirements of this Act may be marketed by an operator.

(2) The operator shall keep a list containing information on each operator who has supplied or delivered the pyrotechnic article. The name or, where applicable, the supplement distinguishing economic operator or trading firm, and the identification number and date of delivery of the pyrotechnic article shall be entered in the list. This information on the operator and the supply of the pyrotechnic article shall be kept for at least 10 years after delivery.

Obligations of the manufacturer

§ 18

(1) Only pyrotechnic articles for which conformity has been assessed may be placed on the market by the manufacturer.

(2) When placing pyrotechnic articles on the market, the manufacturer shall ensure that they are designed and manufactured in accordance with the essential safety requirements.

(3) The manufacturer shall draw up the documentation set out for each conformity assessment procedure in the Government Regulation and shall ensure that the relevant conformity assessment procedure is implemented. Where the compliance of a pyrotechnic article with the requirements set out in the conformity assessment procedure has been demonstrated in accordance with Article 7 (1) (b) or (c) or Article 7 (2), the manufacturer shall draw up an EU declaration of conformity and affix the CE marking and other marking provided for by this law.

(4) The manufacturer shall keep for at least 10 years after the placing on the market of the pyrotechnic article the documentation set out for each conformity assessment procedure in the Government Regulation and EU declaration of conformity.

(5) The manufacturer shall ensure conformity of the product with the type indicated in the certificate and with the requirements of this Act by the production process and its control.

(6) The manufacturer shall use the approved quality system and inform the notified body thereof.

(7) In the case of series production, the manufacturer shall use procedures ensuring compliance with this law.

§ 19

(1) The manufacturer shall, in order to protect the health and safety of consumers, carry out testing and verification of pyrotechnic articles made available on the market on the basis of an instruction from the inspection authority. It shall keep distributors informed of such tests, verifications and results.

(2) The manufacturer shall keep records of complaints made by users of pyrotechnic articles, non-compliant pyrotechnic articles and pyrotechnic articles withdrawn from circulation.

(3) The manufacturer shall indicate on the pyrotechnic article, or, if the size or nature of the pyrotechnic article, on the packaging or in the document accompanying the product, his name or, where appropriate, the supplement distinguishing the person of the manufacturer, the trade name or trade mark, and the address of the place where the manufacturer may be contacted. Such data shall be presented in a manner easily understood.

(4) The manufacturer shall ensure that the pyrotechnic article is accompanied by instructions for use. Instructions for use and labelling must be given in the Czech language; the marking must be marked in a visible, legible, comprehensible and indelible manner.

(5) A manufacturer who considers or has reason to believe that the pyrotechnic article which he has placed on the market is not in conformity with this Law shall immediately take the necessary measures to remedy it or, if necessary, recall it from the market or recall it. Where such a pyrotechnic article presents a risk, the manufacturer shall immediately inform the competent authorities of the Member States of the Union in which it has made the pyrotechnic article available on the market, giving details in particular of the non-compliance with the requirements laid down by this Act ("non-compliance ') and of the corrective measures taken.

(6) The manufacturer shall submit to the competent control authority, on the basis of its instructions in paper or electronic form, in the Czech language or in another language, if the control authority so agrees, all information and documentation necessary to demonstrate compliance. The manufacturer shall cooperate with the manufacturer on any measure taken to eliminate the risk posed by the pyrotechnic article which he has placed on the market, based on the instructions of that control authority.

Citation	Act No. 206 / 2015 Coll., on pyrotechnic articles and on the treatment and modification of certain laws (Act on pyrotechnic)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	20.08.2015
Effective from	04.09.2015
Effective until	-
Status	Valid

Act No. 206 / 2015 Coll.

Act on pyrotechnic articles and on the treatment of pyrotechnic articles and on the amendment of certain laws (Act on pyrotechnic articles)

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