Guidance on the regulations as they apply to products being supplied in or into Great Britain.
This Guide is for businesses placing pyrotechnic articles on the market in Great Britain.
This Guide is designed to help you comply with the Pyrotechnic Articles (Safety) Regulations 2015, as they apply in Great Britain (referred to in this document as “the 2015 Regulations”). The 2015 Regulations (as they apply in GB) set out the requirements that must be met before pyrotechnic articles can be placed on the GB market. The purpose of the legislation is to protect consumers and individuals from unsafe pyrotechnic articles.
This guidance is intended for those engaged in making pyrotechnic articles available on the GB market and for enforcement authorities. The persons engaged in making pyrotechnic articles available on the market are manufacturers, importers and distributors (including retailers) and are referred to collectively as “economic operators”.
The 2015 Regulations determine which pyrotechnic articles may be made available to the general public, the specific age restrictions on the sale of such articles, and which articles may only be supplied to persons with specialist knowledge.
The Product Safety and Metrology etc. (Amendment etc.)(UK(NI) Indication)(EU Exit) Regulations 2020, provide that a third party conformity assessment body may be established outside GB. Any business applying to be a UK approved body for pyrotechnic article conformity assessment is, among other things, required to meet the approved body requirements set out in Schedule 5 of the 2015 Regulations. Further guidance on this will be published in due course. For the period 1 January 2021 to 11pm on 31 December 2022 see footnote 1, pyrotechnic articles to be made available on the market in GB may continue to be conformity assessed to essential requirements in EU law and marked with the CE marking by existing notified bodies.
The Pyrotechnic Articles (Safety) Regulations 2015 implemented Directive 2013/29/EU on the making available on the market of pyrotechnic articles and Commission Implementing Directive 2014/58/EU on the traceability of pyrotechnic articles. The EU Withdrawal Act 2018 preserved the 2015 Regulations and enabled them to be amended so as to continue to function effectively now the UK has left the EU. Accordingly, the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 see footnote 2 fixed any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and made specific provision for the GB market.
There is therefore one set of UK 2015 Regulations, but some of the provisions apply differently in NI for as long as the Northern Ireland Protocol is in force. References to the 2015 Regulations in this guidance are references to those Regulations as they apply in Great Britain.
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).
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.
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.
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.
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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:
Manufacturers based in Northern Ireland can follow the legislation as it applies to Northern Ireland and place qualifying Northern Ireland goods on the GB market without any additional approvals. See further detail in Section 12 on Qualifying Northern Ireland Goods.
An importer is a person or business established in the UK who places pyrotechnic articles on the GB market from a country outside the UK. This means that UK businesses which used to act as a ‘distributor’ before 1 January 2021 legally become an ‘importer’ if they place products from an EEA country on the GB market.
This includes pyrotechnic articles that are supplied to persons or businesses established in NI for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from the EEA and then placed on the GB market. In this instance the NI person or business will take on importer obligations for EEA-supplied goods that are placed on the GB market (see also Section 12 on Qualifying Northern Ireland Goods).
Importers must not place a pyrotechnic article on the market unless it is in conformity with the essential safety requirements and have additional legal obligations which go beyond those of distributors, such as checking that manufacturers have carried out the right conformity assessment procedures, have drawn up the technical documentation, have applied the UKCA mark and have labelled the article correctly and provided the required documents to accompany the article. The importer must also include their name, registered trade name or mark and a postal address in a language which can be easily understood by end-users and the enforcing authority on the equipment or, where this is not possible, on the packaging or in the documentation accompanying the pyrotechnic articles.
To assist with the transition, the UK is applying a transitional period ending on 31 December 2025 to allow UK operators who import pyrotechnic articles from the EEA after 31 December 2020 (and so are now importers into the GB market) to provide their details on the packaging or in accompanying documentation as an alternative to placing them on the article itself, even where it would otherwise be possible to affix it to the article.
A key principle underpinning product safety, for the benefit of consumers and regulators, is traceability of a product back to its source.
In recognition that under the new regulatory arrangements you may have the new status of an importer when placing goods from an EEA state on the GB market for the first time, you may provide your contact details in a document that accompanies the product as an alternative to placing them on the product article itself, even where it would otherwise be possible to affix it to the article. This is an additional temporary easement to the normal labelling requirements, irrespective of the size and nature of the product, and will be allowed until 31 December 2025.
We understand that there may be a period of adjustment to the new arrangements for importer documentation for the GB market, and it may be difficult to provide your details on documentation accompanying each and every individual product.
You may therefore use an alternative method where, for example, your contact information is on a document accompanying a batch of products. This document would then follow each batch of products through the distribution chain. Your contact details must follow each product through the distribution chain, but not necessarily by one document per product. Ultimately, the end user, each distributor (and a regulator) must be able to access the information.
Methods which enable traceability of the product after the initial batch has been broken up could include:
You should work with your distributors to ensure physical documentation does accompany batches of product as far as possible, and in all cases that there are measures in place to ensure end users are able to identify the UK importer.
Alongside that, but not as an alternative, you can use your company website to provide more information, access to product details and contact points for retailers, consumers and enforcement bodies.
These options are for a time limited period only and may not be used after 31 December 2025. You are encouraged to put in place measures to ensure that individual items do carry the importer’s address where required ahead of this date.
The EU does not have any such transitional provision in relation to importer’s details. In the absence of this, pyrotechnic articles being sold from GB to NI or the EEA must be labelled with the NI or EEA-based importer’s address. Products placed on the Northern Ireland market from Great Britain must have the address of the person or business placing them on the Northern Ireland market.
In the 2015 Regulations, many of the importer obligations are set out in detail separately from the manufacturer obligations. The key obligations of importers in the 2015 Regulations, which are in addition to the duties set out in the previous 2010 Regulations, are to:
The obligations of importers also include:
Qualifying Northern Ireland goods complying with the legislation as it applies in Northern Ireland, including CE marked goods, may also be placed on the GB market. See further detail in Section 11 on Qualifying Northern Ireland Goods.
UK businesses which were distributors of goods within the EU single market should now consider whether they are importers from the EU single market and therefore what additional requirements they need to comply with – see section 6 above.
The key obligations of distributors in the 2015 Regulations are to:
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).
Pyrotechnic businesses, including manufacturers, importers, distributors, wholesalers and retailers, in the UK are required to ensure products placed on the GB market meet GB conformity requirements. The same principles continue to apply: that the conformity assessor and approver must be independent of the manufacturer; they must examine the technical documentation and supporting evidence in respect of the product; where the safety requirements have not been satisfied, a certificate of conformity must not be issued until the manufacturer has taken corrective measures.
Businesses can continue to use EU recognised notified bodies to assess conformity, and affixing the CE marking, until 11pm on 31 December 2022. From 1 January 2023 they should use a UK approved body for conformity assessment and UKCA marking.
Please contact firstname.lastname@example.org for further information.
The 2015 Regulations include detail about conformity assessment and approval requirements including:
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 UKCA marking see footnote 3 in accordance with regulation 42 (see later in this guidance). The manufacturer must keep the declaration of conformity up to date.
The UKCA marking, a UK registration number and a product, batch or serial number are to be affixed only by the manufacturer. The UKCA marking must be used from 1 January 2023. Where it is not possible or warranted on account of the nature of the pyrotechnic article, the UKCA marking must be affixed to the packaging and the accompanying documentation. In any event, until 31 December 2025, the UKCA marking may be affixed to a label affixed to, or a document accompanying, the article, even where it would otherwise be possible to affix it to the article.
Regulation 33 prohibits the improper use of UKCA marking by economic operators. Particularly, only the manufacturer must affix the UKCA marking, and the articles must have followed a conformity assessment procedure before the UKCA marking is applied.
Qualifying Northern Ireland goods complying with the legislation as it applies in Northern Ireland, including affixing the CE marking, may also be placed on the GB market. See further detail in Section 11 on Qualifying Northern Ireland Goods.
On 20 June 2022, the Government announced it intends to introduce legislation which will allow completed conformity assessment activities carried out under EU requirements (including existing testing, certification, and contractual arrangements relating to the quality control or auditing of existing certificates) undertaken by non-UK conformity assessment bodies (CABs) (accredited by their national accreditation body) for CE certification before 1 January 2023 to be used by manufacturers to declare existing product types as compliant with UKCA. Products must still bear UKCA marking. For ongoing production, they will need to undergo conformity assessment with a UK Approved Body once any of the relevant CE certification has expired, or after 5 years (31 December 2027), whichever is sooner.
This will allow manufacturers to apply the UKCA mark without the need for any UK-recognised CAB involvement and continue to place their goods on the GB market, on the basis of an existing CE type examination completed before 31 December 2022, for the lifetime of the certificate issued, or until 31 December 2027 (whichever is sooner).
Where manufacturers are using existing CE certification completed before 1 January 2023 as the basis to demonstrate compliance with UKCA for their products, they should include in the UK Declaration of Conformity the list of relevant UK designated standards and equivalent EU harmonised standards that apply to their product, as well as details of the EU CAB (or CAB recognised under an EU Mutual Recognition Agreement) which carried out the conformity assessment procedures.
If conformity assessment procedures have not been completed and a supporting CE certificate issued before 1 January 2023, these products are considered ‘new’ products. This also includes where goods are subject to important changes, overhauling its original performance, purpose, or type requiring new certification. Any ‘new’ good must comply with GB regulatory requirements, including the requirement for conformity assessment by a UK approved body from 1 January 2023.
This measure applies across all module types.
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 UKCA marking on the product or if not appropriate to the packaging or accompanying documentation see footnote 4, and draw up the Declaration of Conformity.
The identification number of the conformity assessment organisation used must be affixed following the UKCA marking.
Manufacturers are required to keep both technical documentation and the relevant declaration of conformity for 10 years (regulation 10). This 10-year period commences on the date on which the particular article in question is placed on the GB market. It does NOT date from when the generic article of this design was first placed on the GB market.
Manufacturers of pyrotechnic articles must comply with labelling requirements and must ensure an article is labelled visibly, legibly and indelibly, clearly and understandably and in English (regulation 11 and 12). These requirements differ depending on whether the articles are for vehicles or not, but will always include the requirement to include the name and and single postal address at which it can be contacted, the name, type and category of the pyrotechnic article, the product, batch, or serial number of the article, the UK registration number of the article, and instructions for use and safety information.
Since one of the objects of labelling is to enable easy and quick monitoring and enforcement, in order to minimise disruption to an article’s supply chain (should that article be under investigation), it would be in the manufacturer’s interest that clear and specific batch numbers are included, where practicable. Including batch numbers could limit recall or enforcement action to specific batch or batches rather than all the products of a particular type.
Schedule 3 specifies the required information for labels. Where it is not possible for the name and address of the manufacturer to be indicated on the pyrotechnic article (including where this is as a result of other labelling requirements having taken up the available space on the pyrotechnic article), the manufacturer must ensure that that information is indicated on its packaging or in a document accompanying the pyrotechnic article. In addition, where the pyrotechnic article does not provide sufficient space for the other labelling requirements (including where this is as a result of the manufacturer’s name and address having taken up the available space on the pyrotechnic article), the manufacturer must ensure that the information is provided on the smallest piece of packaging.
In addition to the above, before placing a pyrotechnic article for a vehicle on the market, a manufacturer must draw up a UK safety data sheet, a document compiled in accordance with Annex II to Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency (as amended from time to time) and which takes account of the specific needs of professional users.
The traceability obligations are intended to help identify the point in the supply chain where non-compliance originated and to enable appropriate corrective action to be taken (regulation 20). Enforcing authorities, manufacturers and importers must be able to trace articles all the way back to the place of manufacture, e.g. the overseas factory where the articles were made. They must also be able to identify the suppliers of each article to the enforcing authorities and any economic operator to whom they have supplied that article. It is good practice for manufacturers, importers and distributors to keep clear records showing, for each article, the steps in the supply chain in which they have been involved. This will help safety issues to be addressed rapidly and significantly reduce the time and resources required to trace an article if it is under investigation.
For each article:
Regulation 21(2) requires manufacturers and importers to keep a register of complaints alleging non-conformity of pyrotechnic articles with Part 2 of the 2015 Regulations (which sets out the obligations of economic operators in relation to the essential safety requirements). The register must also record details of articles found not to be in conformity with Part 2 as well as article recalls.
It is recommended that the register should include as much information as possible about each article, e.g. product, batch, serial or part number, to whom and when it was sold, and reason for non-conformity. Under the 2015 Regulations entries in the register must be kept for a minimum of 10 years from the day the obligation to make the entry arose.
For each article:
A manufacturer or importer who believes an article placed on the GB market is not in conformity must immediately make the necessary modifications or withdraw or recall the article. Where the article presents a risk, the manufacturer or importer must immediately inform the market surveillance authority of the risk, giving details of any non-conformity and any corrective measures taken.
Manufacturers and importers must co-operate with enforcing authorities, on receipt of a a duly justified request, if a pyrotechnic article is believed not to be in conformity. They must produce relevant documentation and, if required, assist in steps taken to evaluate or eliminate the risk such as carrying out sample testing, investigating complaints that the article is not in conformity and keeping distributors informed of any monitoring of the article.
A distributor must take due care to ensure that pyrotechnic articles are in conformity when supplying them. A person is likely to be considered to have acted with due care if they have taken such steps as a responsible, competent, conscientious professional distributor of pyrotechnic articles would have taken in the same situation.
Before a distributor supplies a pyrotechnic article on the market, they must verify that it has a UKCA marking, see footnote 3 that it is accompanied by the necessary documentation and instructions. Where it is not possible or warranted on account of the nature of the pyrotechnic article, the UKCA marking must be affixed to the packaging and the accompanying documentation. In any event, until 31 December 2025, the UKCA marking may be affixed to a label affixed to, or a document accompanying, the article, even where it would otherwise be possible to affix it to the article.
The distributor is also responsible for checking that the manufacturer has labelled the article properly and that the importer’s details are included on the article itself or where permissible on the packaging or accompanying documentation.
The distributor must not supply an article on the GB market where they consider or have reason to believe that it is not in conformity with the essential safety requirements.
If the distributor believes an article they have supplied on the GB market is not in conformity, they must make the necessary modifications or withdraw or recall the article. Where the pyrotechnic article presents a risk, the distributor must immediately inform the market surveillance authority of that risk, giving details of any non-conformity and any corrective measures taken. It must also inform the manufacturer or the importer of the risk.
On receipt of a reasoned request, distributors must co-operate with enforcing authorities in order to demonstrate conformity. If requested, distributors must cooperate with steps taken to evaluate and eliminate any risk.
Importers and distributors must ensure that articles for which they are responsible comply with essential safety requirements while being moved or stored and conform to the requirements of the Explosives Regulations 2014.
If an importer or distributor places an article on the GB market under their own name or trademark, or modifies a pyrotechnic article already placed on the GB market in a way that may affect the article’s conformity with the Regulations, then they are considered to be the manufacturer of that article and must therefore comply with the obligations on manufacturers.
Regulation 31 sets out the minimum age limits for the supply of Category F1, F2, F3, T1 and P1 articles, plus Christmas crackers.
Category F4 fireworks, Category T2 theatrical and Category P2 other pyrotechnic articles can only be supplied to persons with specialist knowledge. The responsibility for assuring themselves that a prospective customer has such specialist knowledge rests with the supplier of these articles. It is for the supplier to make a judgment as to whether the training in question is sufficient and provided by a person or body with a sufficient reputation in that sector.
To supply one of these articles to someone who is not a person with specialist knowledge is a criminal offence under regulation 62, punishable on summary conviction by up to three months’ imprisonment an unlimited fine or both, or for certain categories of pyrotechnics on indictment by up to two years’ imprisonment or an unlimited fine or both (Regulation 63). A person seeking to be supplied with F4 fireworks, T2 theatrical pyrotechnics or P2 other pyrotechnic article will need to demonstrate to the satisfaction of the supplier that they:
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 GB market other than to people with specialist knowledge. The prohibition of a single item also extends to multiple items of that article. For example, the prohibition on a single shot tube means that a battery or combination containing more than one shot tube is also prohibited.
Economic operators must not supply a P1 pyrotechnic article for a vehicle to the general public unless it is incorporated in a vehicle or vehicle part (e.g. airbags or seat belt pre-tensioner systems).
A UK safety data sheet (a document compiled in accordance with Annex II to Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency (as amended from time to time) and which takes account of the specific needs of professional users) must be supplied by an economic operator to a professional user for pyrotechnic articles for vehicles.
An economic operator, on a request from 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.
If you place an individual fully manufactured product on the EEA or the UK market (either in Northern Ireland or Great Britain) before 11pm 31 December 2022, you do not need to do anything new. 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 take effect from 1 January 2023.
A fully manufactured good is ‘placed on the market’ when a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of the good.
You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:
The relevant economic operator (whether manufacturer, importer or distributor) bears the burden of proof for demonstrating that the good was placed on the EEA or UK market before 1 January 2023.
The UK will allow CE marked pyrotechnic articles be placed on the GB market until 11pm 31 December 2022.
Pyrotechnic articles lawfully placed on the market with a CE marking by 11pm 31 December 2022 can continue to circulate on the GB market after this date.
There are also provisions to deal with registration numbers; specifically that a manufacturer can label the product with a European registration number and will be deemed to meet the requirements regarding UK registration numbers.
Economic operators should be responsible for the compliance of pyrotechnic articles with the requirements of the regulations in relation to their respective roles in the supply chain.
Products which are repaired, refurbished or exchanged without changing their original performance, purpose, or type, are not considered ‘new’ and therefore do not need to be recertified and remarked.
This includes if the product is temporarily exported for repair (as the product is not being placed on the GB market for the first time when re-imported).
If the product has been subject to important changes, substantially changing its original performance, purpose, or type, it will be considered as a ‘new’ product. Therefore, the modified product must comply with GB regulatory requirements, including the requirement for UKCA marking from 1 January 2023.
Repair, replacement and maintenance operations are often carried out using other products which are spare parts. Spare parts are considered to have been placed on the market at the time at which the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.
This means that spare parts can comply with the same conformity assessment requirements that were in place at the time the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.
The definition of a spare part will vary depending on the commercial context, but it is broadly determined by a product’s ultimate intended usage. Whether a product is ultimately intended to be used as a spare part should be evidenced by any document demonstrating this intended use, which should be produced when requested by market surveillance authorities.
The government has committed to providing unfettered access for qualifying Northern Ireland goods to the rest of the UK market after 1 January 2021. Products that can be placed on the market in Northern Ireland in accordance with the legislation, as it applies to Northern Ireland, can be sold in the rest of the UK without any additional approvals.
This means that products that are qualifying Northern Ireland goods and manufactured to the specific goods rules in the Protocol can be sold in the rest of the UK if any of the following apply:
This will be the case even if there are changes between the EU rules that the Northern Ireland Protocol applies to NI and the GB rules.
The obligations on NI businesses that are importing products from the EEA and placing them on the GB market continue to apply (see Section 7 on obligations of importers).
The 2015 Regulations contain detailed provisions on market surveillance and enforcement. Most particularly:
Regulation 62 sets out what constitutes an offence against the 2015 Regulations and Regulation 63 sets out the penalties applicable for these offences (fines or imprisonment not exceeding 3 months or 2 years, depending on the offence).
Schedule 7 sets out the enforcement powers of weights and measures authorities (Trading Standards) and the Secretary of State. Schedule 8 specifies enforcement powers of the Health and Safety Executive. Schedule 9 sets out enforcement powers available to all enforcers, which include issuing compliance, withdrawal and recall notices.
Regulation 52 lists the market surveillance authorities (MSAs) responsible for enforcement of these regulations. In Great Britain the MSAs are the local weights and measures authority (for categories F1, F2 & F3 in its area) and the Health and Safety Executive (for categories F4, T1, T2, P1 & P2).
The 2015 Regulations also provide powers to the Secretary of State or a person appointed to act on their behalf to enforce the Regulations.
The 2015 Regulations provide the power to market surveillance authorities to take action against economic operators for products that present a risk, which present a risk and are not in conformity, which present a risk but are in conformity and which are formally non-compliant. There are requirements on economic operators to co-operate with the enforcement authority as appropriate on request.
GB market surveillance authorities will take all appropriate measures to withdraw from the GB market or to prohibit, and restrict the supply of products which may endanger the health and safety of persons, property or the environment.
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.
A person committing an offence under the 2015 Regulations may be liable to a penalty. Penalties can include a fine or a prison sentence of up to two years for the most serious offences. It is matter for the enforcement authority to decide whether prosecution is appropriate in each case taking into account the circumstances of the case and the enforcement authorities’ own policies, operational procedures and practices in line with the Regulators Code. Should a prosecution take place, it is at the discretion of the court to decide the penalties imposed on the offender within the limits set by the legislation. This regulation places an obligation on the Secretary of State to review the 2015 Regulations periodically.
1: On 24 August 2021 the Government announced the transition period for UKCA marking would be extended until 31 December 2022. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 20 June 2022, the Government announced the provisions for UKCA marking and labelling would be extended until 31 December 2025. Legislation will be placed before Parliament in the autumn 2022 to give effect to this.
2: The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to Great Britain only, and not to Northern Ireland (with the exception of provisions that amend the Hallmarking Act 1973 and that amend or revoke retained direct EU legislation), in support of implementing The Protocol of Ireland and Northern Ireland (“The Northern Ireland Protocol”). The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were further amended by the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to provide for a 24 month transition period for importer labelling (for goods from the EEA), UKCA marking, as well as introducing an end (in 12 months from the end of the Transition Period) to the recognition of goods meeting EU requirements, as well as introducing provisions for qualifying Northern Ireland goods; for pyrotechnics they also allow for conformity assessment bodies based outside the UK to become approved bodies. On 24 August 2021 the Government announced the transition period for UKCA marking would be extended until 31 December 2022. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 20 June 2022, the Government announced the provisions for UKCA marking and labelling and importer labelling would be extended until 31 December 2025. Legislation will be placed before Parliament in the autumn 2022 to give effect to this.
3: Until 11pm 31 December 2022, pyrotechnic articles conforming to EU rules, including the CE marking, may be placed on the market of Great Britain.
5: Until 31 December 2025, the UKCA marking may be affixed to a label affixed to, or a document accompanying, the article.