Government Regulation No. 208 / 2010 Coll.
Government Regulation on technical requirements for pyrotechnic articles and their placing on the market
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Regulation
Effective from 01.07.2010
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01.07.2010
25.06.2010
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208
GOVERNMENT REGULATION
of 14 June 2010
on technical requirements for pyrotechnic articles and their placing on the market
The Government hereby orders, pursuant to Article 24 (2) and (3) of Act No. 156 / 2000 Coll., on the Verification of Firearms, Ammo and Pyrotechnic Articles and amending Act No. 288 / 1995 Coll., on Firearms and Ammo (Firearms Act), as amended by Act No. 13 / 1998 Coll., and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended by Act No. 148 / 2010 Coll., hereinafter referred to as "the Act ':
Subject matter
This Regulation implements the relevant provisions of the European Union1) and provides for
(a) the types and categories of pyrotechnic articles placed on the market, their breakdown and individual procedures for assessing their conformity with the essential safety requirements;
(b) the essential safety requirements for pyrotechnic articles which must be met in order to be placed on the market;
(c) the way in which pyrotechnic articles are labelled with the CE marking and other markings, depending on the type and category of pyrotechnic articles, including the way in which pyrotechnic articles are labelled for use in vehicles;
(d) the requirements for the educational attainment of persons with competence, the form, content and scope of training, the organisation of teaching, the test schedule and the method of issuing, registering and withdrawing certificates of competence.
Basic definition of the types and categories of pyrotechnic articles
(1) An entertainment pyrotechnics which means pyrotechnic articles intended for entertainment purposes are divided into:
(a) category 1, which includes fireworks which present a very low risk and have a negligible level of noise and which is intended for use on restricted areas, including fireworks intended for use inside residential buildings;
(b) category 2, which includes fireworks which present a low risk and have a low level of noise and which is intended for outdoor use on restricted areas;
(c) Category 3, which includes fireworks which present a moderate risk, is intended for outdoor use in open spaces and whose level of noise does not harm human health;
(d) Category 4, which includes fireworks which present a high risk, is intended for use only by persons with professional competence and whose level of noise does not harm human health.
(2) Theatrical pyrotechnics, which means pyrotechnic articles intended for use in indoor and outdoor scenes, including film and television productions, or for similar uses, are divided into:
(a) category T1, to which theatrical pyrotechnics belong, which represents a small risk;
(b) category T2, which includes theatrical pyrotechnics, which can only be used by persons with professional competence.
(3) Other pyrotechnic articles which are pyrotechnic articles other than fireworks or theatrical pyrotechnics, and which are in particular pyrotechnic articles intended for use in vehicles, are divided into:
(a) category P1 which includes other pyrotechnic articles presenting a low risk;
(b) category P2 which includes other pyrotechnic articles intended for handling or use only by persons with professional competence.
Conformity assessment
(1) Pyrotechnic articles for placing on the market must comply with the essential safety requirements set out in Annex 1 to this Regulation.
(2) Compliance with the requirements of paragraph 1 shall be demonstrated by the conformity assessment procedures set out in Annex 2 to this Regulation.
CE marking
(1) The manufacturer shall ensure the measures of a pyrotechnic article complying with the requirements of this Regulation with the CE marking, the graphic form of which shall be determined by the European Union2 Regulation directly applicable). If the CE marking is reduced or enlarged, the ratios given by the graphic display shall be maintained.
(2) The CE marking shall be affixed in a visible, easily legible and indelible manner to the pyrotechnic article itself or, if this is not possible, to a label affixed to the pyrotechnic article or to the smallest consumer packaging. The label shall be so manufactured as not to allow re-use.
(3) Pyrotechnic articles shall be prohibited from bearing signs or inscriptions which could mislead anyone as to the meaning or shape of the CE marking. Any other marking may be affixed to pyrotechnic articles or to their smallest consumer packaging unless this reduces the visibility and legibility of the CE marking.
(4) A pyrotechnic article may be affixed to the CE marking only if the requirements of other legislation which also lays down the conditions for affixing the CE marking and which apply to the pyrotechnic article are also fulfilled.
Other labelling of pyrotechnic articles not intended for use in vehicles
(1) The labelling of pyrotechnic articles not intended for use in vehicles contains:
(a) the business name and registered office, where applicable, with the legal person, the name or, where applicable, the name, surname or business name, and the place of business of the trading natural person (hereinafter referred to as "identification details") of the manufacturer or, where the importer fulfils the obligations of the manufacturer, business name or, where applicable, the name of the manufacturer and the identification details of the importer,
(b) the name and type of the pyrotechnic article;
(c) the age limit from which a pyrotechnic article may be supplied or otherwise provided to a person under Section 14 of the Act;
(d) the category of pyrotechnic articles referred to in Section 2;
(e) instructions for use;
(f) the date of consumption;
(g) the net weight of explosive substances.
(2) The fireworks must also contain:
(a) the inscription "for outdoor use only," if it is a pyrotechnic article intended only for outdoor use, and an indication of the safe distance with regard to category 1;
(b) the inscription "for outdoor use only" and, depending on the nature of the pyrotechnic article, an indication of the safe distance or distances with regard to category 2;
(c) the inscription "for outdoor use only," the year of manufacture and the indication of safe distances or distances with regard to category 3; and
(d) the inscription "for use only by a person with professional competence," the year of manufacture and the indication of safe distances or distances as regards category 4.
(3) Theater pyrotechnics must also include:
(a) the inscription "for outdoor use only," if it is a pyrotechnic article intended for outdoor use and an indication of the safe distance as regards category T1; and
(b) the inscription "for use only by a person with competence" and an indication of the safe distance or distances in respect of category T2.
(4) Where there is insufficient space on the pyrotechnic article for the markings referred to in paragraphs 1 to 3, they shall be indicated on the smallest consumer packaging of the product.
(5) The markings on the pyrotechnic article or its smallest consumer packaging referred to in paragraphs 1 to 3 shall be visible, legible, indelible and appear in the Czech language.
(6) Paragraphs 1 to 5 shall not apply to pyrotechnic articles displayed at fairs and exhibitions and shown at demonstration events as well as to pyrotechnic articles manufactured for research, development and testing purposes.
Other labelling of pyrotechnic articles intended for use in vehicles
(1) The designation of pyrotechnic articles intended to be used in a vehicle which are components of safety devices in vehicles containing pyrotechnic substances used to activate such or other devices contains:
(a) the name and, where applicable, the name and surname or business name of the manufacturer; where the importer complies with the obligations of the manufacturer, the name and surname or business name or, where applicable, the importer pursuant to Article 16a (6) of the Act,
(b) the name and type of pyrotechnic article intended for use in vehicles;
(c) the date of consumption;
(d) safety instructions.
(2) If there is insufficient space for the marking referred to in paragraph 1 on the pyrotechnic article intended for use in the vehicle, it shall be indicated on the package (3) of the pyrotechnic article.
Professional training to obtain a certificate of competence
(1) An applicant for a certificate of professional competence (hereinafter referred to as "the applicant") shall be included in the training course after meeting the requirements of Section 14a (2) of the Act. The applicant may only be a person who has received at least basic education.
(2) The training course for obtaining a certificate of competence for the handling of pyrotechnic articles of the relevant type and category is conducted by the Czech Office for the Testing of Weapons and Ammunition (hereinafter referred to as "the Office") in cooperation with the Czech Mining Office or by an agency designated by the Office in cooperation with the Czech Mining Office (hereinafter referred to as the "Training Institute").
(3) The training centre shall provide training for applicants to obtain a certificate of competence for the treatment of pyrotechnic articles of the species and category concerned. The certificate of competence shall be issued to a person with competence for:
(a) Category 4 fireworks;
(b) Category T2 theatre pyrotechnics; or
(c) other pyrotechnic articles of category P2.
The model certificate of competence is set out in Annex 3 to this Regulation.
(4) Vocational training shall take place within a minimum of 85 teaching hours. The duration of the lesson is 45 minutes. The theoretical and practical training plan is set out in Annex 4 to this Regulation.
(5) The name and contact details of the training centre, the date and place of professional training and the organisational instructions will be published by the Authority in a way that allows remote access. Professional training shall be initiated if a minimum of 5 applicants are reached.
(6) Vocational training shall be completed by an examination which shall verify the expertise acquired. The test shall consist of a written test, an oral and practical examination according to the test schedule set out in Annex 5 to this Regulation.
An applicant for examination under Section 14a (7) of the Act must undergo a written examination to the extent of the written part of the examination referred to in Part II (3) of Annex 5 to this Regulation.
List of persons with competence and list of professional certificates issued and withdrawn
(1) The district mining authorities keep the following information in the list of persons with competence and the list of professional certificates issued and withdrawn
(a) the name and, where applicable, the name, surname, surname, date and place of birth and the address of the place of permanent residence of the person who received the certificate of professional competence;
(b) the number of the certificate of competence,
(c) the types and categories of pyrotechnic articles on which the certificate of competence is issued;
(d) the date of issue of the certificate of competence and its period of validity;
(e) the date of extension of the certificate of competence and its period of validity;
(f) the date of withdrawal of the certificate.
(2) The data referred to in paragraph 1 shall be transmitted by the district mining authorities for central registration purposes to the Czech Mining Authority.
Efficacy
This Regulation shall enter into force on 1 July 2010.
Prime Minister:
Ing. Fischer, CSc., v. r.
Minister for Industry and Trade:
Ing. Tošovský v. r.
Příloha č. 1
Annex No. 1 to Government Decree No. 208 / 2010 Coll.
Basic safety requirements for pyrotechnic articles
1. Each pyrotechnic article shall achieve the functional characteristics specified by the manufacturer and communicated to the notified body in order to ensure maximum safety and reliability.
2. Each pyrotechnic article shall be designed and manufactured in such a way that it can be safely disposed of by an appropriate procedure with minimal environmental impact.
3. Each pyrotechnic article must function properly when used for its intended purpose.
4. Each pyrotechnic article shall be tested under realistic conditions. If this cannot be done by laboratory, tests shall be carried out under the conditions under which the product is to be used.
The following information and, where appropriate, characteristics shall be taken into account or tested:
(a) design, construction and characteristics, including detailed chemical composition (weight and percentage of substances used) and dimensions;
(b) the physical and chemical stability of the pyrotechnic article under all usual, foreseeable environmental conditions;
(c) sensitivity to normal foreseeable handling and transport;
(d) compatibility of all components with regard to their chemical stability;
(e) the resistance of a pyrotechnic article to moisture when the pyrotechnic article is intended for use in moisture or wet conditions and its safety or reliability can be adversely affected by moisture;
(f) resistance to low and high temperatures, where the pyrotechnic article is intended to be stored or used at such temperatures and where its safety or reliability can be adversely affected by cooling or heating a component or pyrotechnic article as a whole,
(g) safety characteristics against premature or unintentional initiation or ignition;
(h) appropriate instructions and, where necessary, indications as to safe handling, storage, use (including safe distances) and disposal, in the Czech language;
(i) the ability of the pyrotechnic article, its smallest consumer packaging and other components to withstand damage during storage under normal, foreseeable conditions;
(j) specifications of all necessary equipment and aids and instructions for use for the reliable and safe functioning of the pyrotechnic article.
5. During transport and normal handling, pyrotechnic articles should not release pyrotechnic articles unless otherwise specified by the manufacturer.
6. Pyrotechnic articles shall not contain:
(a) explosives for civil use, except black powder or flash compounds;
(b) military explosives.
7. Additional requirements for individual groups of pyrotechnic articles
7.1 Entertainment pyrotechnics
The manufacturer shall divide the fireworks into categories according to § 2, in particular according to pure explosive content, safe distances and noise levels.
7.1.1 In particular, fireworks shall meet the following criteria:
7.1.1.1.
(a) the safe distance must be at least 1 m; depending on the nature of the pyrotechnic article, the safe distance may be shorter;
(b) the maximum noise level at a safe distance shall not exceed 120 dB (A, imp.) or the corresponding noise level measured by another appropriate method;
(c) shall not include firecrackers, firecrackers, flash firecrackers and flash firecrackers; and
(d) the balls must not contain more than 2,5 mg of silver.
7.1.1.2.
(a) the maximum noise level at a safe distance shall not exceed 120 dB (A, imp.) or the corresponding noise level measured by another appropriate method;
(b) the safe distance shall be at least 8 m; depending on the nature of the pyrotechnic article, the safe distance may be shorter.
7.1.1.3.
(a) the safe distance must be at least 15 m; depending on the nature of the pyrotechnic article, the safe distance may be shorter;
(b) the maximum noise level at a safe distance shall not exceed 120 dB (A, imp.) or the corresponding noise level measured by another appropriate method.
7.1.2. The fireworks can only be manufactured from materials that minimise the risk of damage to health, property or the environment resulting from fragments.
7.1.3. The method of initiation shall be clearly visible or indicated on the label or in the instructions.
7.1.4. The fireworks shall not move in an erratic and unpredictable manner during their initiation and function.
7.1.5 Category 1, 2 and 3 fireworks shall be protected against unintentional initiation by either a protective cover, the smallest consumer packaging or product design. Category 4 fireworks shall be protected against unintentional initiation in a manner specified by the manufacturer.
7.2 Other pyrotechnic articles
7.2.1 Pyrotechnic articles shall be designed to minimise the risk of damage to health, property and the environment in normal use.
7.2.2. The method of initiation shall be clearly visible or indicated on the label or in the instructions.
7.2.3. The pyrotechnic article shall be designed to minimise the risk of damage to health, property and the environment arising from fragments in the event of unintentional initiation.
7.2.4. The pyrotechnic article shall operate properly up to the manufacturer's consumption date.
7.3. Ignition equipment
7.3.1. The ignition device shall be capable of reliable initiation when used under normal, foreseeable conditions and shall have sufficient initiation capability.
7.3.2. The ignition device shall be protected from electrostatic discharge under normal, foreseeable conditions of storage and use.
7.3.3 Electric mattresses shall be protected from electromagnetic fields during storage and use under normal, foreseeable conditions of storage and use.
7.3.4. The smallest consumer package of matches shall have the necessary mechanical strength and provide adequate protection of the explosive charge during normal, predictable mechanical stress.
7.3.5 In the case of a pyrotechnic article, the burning time of the fuse shall be indicated.
7.3.6 In the case of a pyrotechnic article, the electrical characteristics shall, in particular, be indicated by the safe current, resistance, ignition pulse of electric mittens.
7.3.7 The supply wires of electric mittens shall be sufficiently insulated and their mechanical strength, including the fixture in the firearm itself, shall correspond to the intended use.
Příloha č. 2
Annex No. 2 to Government Decree No. 208 / 2010 Coll.
Conformity assessment procedures
I. Module B: EC type-examination
1. This module describes the part of the procedure whereby the notified body ascertains and certifies that a representative sample of the production envisaged complies with the relevant provisions of this Regulation of the Government.
2. The manufacturer shall submit to the notified body an application for EC type-examination. The application shall contain:
(a) the name and address of the manufacturer;
(b) a written declaration that the same application has not been lodged with another notified body;
(c) the technical documentation referred to in point 3.
The applicant shall make available to the notified body a representative sample of the production envisaged ("type '). The notified body may require additional samples if the test programme so requires.
3. The technical documentation shall make it possible to assess the conformity of the product with the requirements of this Regulation. The technical documentation shall include, to the extent necessary for such assessment, the design, manufacture and operation of the product and, to the extent necessary for the assessment, shall include:
(a) a general description of the type;
(b) conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits and other similar documentation;
(c) descriptions and explanations necessary for understanding the drawings, diagrams and operation of the product;
(d) a list of harmonised standards which have been applied in whole or in part and a description of the solutions chosen to meet the essential safety requirements of this Regulation, unless harmonised standards have been applied;
(e) the results of the design calculations, the checks carried out and other similar documentation;
(f) test reports.
4. Notified body
(a) examine the technical documentation, verify that the type has been manufactured in conformity with the technical documentation and identify the components which have been designed in accordance with the relevant provisions of the harmonised standards, as well as those which have been designed without applying the relevant provisions of those harmonised standards;
(b) carry out or arrange for appropriate checks and tests to be carried out to determine whether, in the absence of harmonised standards, the solutions chosen by the manufacturer comply with the essential safety requirements of this Regulation;
(c) carry out or have carried out the appropriate checks and tests necessary to determine whether, where the manufacturer has chosen to apply the relevant harmonised standards, those standards have been applied;
(d) agree with the applicant the place where the checks and necessary tests will be carried out.
5. Where the type complies with the provisions of this Regulation, the notified body shall issue the applicant with an EC type-examination certificate. The certificate shall include the name and address of the manufacturer, the results of the examination and the data necessary to identify the approved type. The certificate shall be accompanied by a list of relevant parts of the technical file, one copy of which shall be kept by the notified body. If the notified body refuses to issue an EC type-examination certificate to the manufacturer, it shall state in detail the reasons for this.
6. The applicant shall inform the notified body in respect of which the technical documentation relating to the EC type-examination certificate is available of any changes to the approved product which must be re-approved if such changes may affect compliance with the essential requirements or the conditions prescribed for its use. This additional approval shall be issued in the form of an addendum to the original EC-type examination certificate.
7. Each notified body shall communicate to the other notified bodies the relevant information concerning the EC type-examination certificates and additions it has issued or withdrawn.
8. Other notified bodies may receive copies of EC type-examination certificates or additions thereto. The annexes to the certificates shall be kept available to other notified bodies.
9. The manufacturer, together with the technical documentation, shall keep copies of the EC type-examination certificates and their additions for at least 10 years from the date of manufacture of the last product concerned. Where the manufacturer is not established in the European Union, the obligation to keep the technical documentation at the disposal of the person who places the product on the market shall lie.
II. Module C: Conformity to type
1. This module describes the part of the procedure whereby the manufacturer ensures and declares that the pyrotechnic articles are in conformity with the type described in the EC-type examination certificate and meet the requirements of this Regulation which apply to them. The manufacturer shall affix the CE marking to each pyrotechnic article and draw up a written EC declaration of conformity.
2. The manufacturer shall take all necessary measures to ensure that the manufacturing process ensures conformity of the manufactured product with the type described in the EC-type examination certificate and with the essential safety requirements set out in this Regulation.
3. The manufacturer shall keep a copy of the EC declaration of conformity for at least 10 years from the date of manufacture of the last product concerned. Where the manufacturer is not established in the European Union, the obligation to keep the technical documentation at the disposal of the person who places the product on the market shall lie.
4. The notified body shall carry out or have the products checked at random intervals. The notified body shall take on-site an appropriate sample of the finished products, which shall be checked and subjected to the appropriate tests provided for in the relevant harmonised standard or equivalent tests to verify the conformity of the product with the requirements of this Regulation. Where one or more products checked are not in conformity, the notified body shall take appropriate measures. Under the responsibility of the notified body, the manufacturer shall affix the product identification number of that body already during the production process.
III. Module D: Quality assurance of production
1. This module describes the procedure whereby a manufacturer who fulfils the obligations under point 2 ensures and declares that the pyrotechnic articles in question are in conformity with the type described in the EC type-examination certificate and comply with the requirements of this Regulation. The manufacturer shall affix the CE marking to each product and draw up a written EC declaration of conformity. The CE marking shall be accompanied by the identification number of the notified body responsible for supervision referred to in point 4.
2. The manufacturer shall use the approved quality system for the production, output control and testing of finished products referred to in point 3. It shall be supervised in accordance with point 4.
3. Quality system
3.1. The manufacturer shall submit to the notified body an application for an assessment of the quality system for the pyrotechnic articles concerned. The application shall contain:
(a) all relevant information on the expected category of pyrotechnic articles;
(b) documentation of the quality system;
(c) the technical documentation of the approved type and a copy of the EC type-examination certificate.
3.2 The quality system shall ensure compliance of pyrotechnic articles with the type described in the EC-type examination certificate and with the requirements of this Regulation which apply to them. All supporting documents, requirements and regulations used by the manufacturer shall be systematically and in an orderly manner documented in the form of written concepts, procedures and instructions. This quality system documentation shall allow a clear interpretation of the quality programmes, quality plans, manuals and quality records. The quality system documentation shall contain in particular an adequate description
(a) the quality objectives, organisational structure, responsibilities and powers of management as regards the quality of pyrotechnic articles;
(b) the manufacturing process, management and quality assurance procedures and systematic measures to be applied;
(c) checks and tests to be carried out before, during and after manufacture, indicating their frequency;
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Regulation Information
| Citation | Government Regulation No. 208 / 2010 Coll., on Technical Requirements for pyrotechnic articles and their Marketing |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.06.2010 |
|---|---|
| Effective from | 01.07.2010 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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