{
  "url": "https://openlegislation.uk/pyrotechnic-articles-safety-regulations-2015/regulation-38A",
  "json_url": "https://openlegislation.uk/pyrotechnic-articles-safety-regulations-2015/regulation-38A.json",
  "legislation": "uksi/2015/1553",
  "legislation_title": "The Pyrotechnic Articles (Safety) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/pyrotechnic-articles-safety-regulations-2015",
  "path": "regulation/38A",
  "kind": "regulation",
  "number": "38A",
  "heading": "Obligations which are met by complying with obligations in the Directive",
  "text": "(1) In this regulation—\n(a) any reference to an Article or an Annex is a reference to an Article or an Annex to the Directive; and\n(b) “CE marking” has the meaning given to it in Article 3(22); and\n(c) “harmonised standard” has the meaning given to it in Article 3(14).\n(2) Paragraph (3) applies where, before placing a pyrotechnic article on the market, the manufacturer—\n(a) ensures that the pyrotechnic article has been designed and manufactured in accordance with the essential safety requirements set out in Annex I;\n(b) ensures that the technical documentation referred to in Annex II has been drawn up;\n(c) ensures that the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;\n(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;\n(e) affixes a CE marking and other markings, in accordance with Articles 19 and 20(1) to (4);\n(f) draws up an EU declaration of conformity, in accordance with Article 18; and\n(g) ensures that the EU declaration of conformity is prepared in or translated into English.\n(3) Where this paragraph applies—\n(a) the requirements of regulation 7, 8, 9(1) and 9(3) are to be treated as being satisfied;\n(b) regulations 2(2)(a), 9(2), 10, 13(2) and 38 apply subject to the modifications in paragraph (8);\n(c) Part 3 does not apply; and\n(d) regulations 60(1)(a), (c), (d) and (f) do not apply.\n(4) Paragraph (5) applies where, before placing a pyrotechnic article on the market, the importer ensures that—\n(a) the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;\n(b) the manufacturer has drawn up the technical documentation referred to in Annex II; and\n(c) the vessel bears the CE marking and other markings referred to in Article 20(3) to (4).\n(5) Where this paragraph applies—\n(a) the requirements of regulation 15(a) to (c) are to be treated as being satisfied; and\n(b) regulations 2(2)(a), 16(1) and 19, and regulation 29 insofar as it relates to importers, apply subject to the modifications in paragraph (8).\n(6) Paragraph (7) applies where, before making a pyrotechnic article available on the market, a distributor ensures that the vessel bears the CE marking.\n(7) Where this paragraph applies—\n(a) regulation 25(1)(a)(i) is to be treated as being satisfied; and\n(b) regulations 2(2)(a), 26(1), and regulation 29 insofar as it relates to distributors, apply subject to the modifications in paragraph (8).\n(8) The modifications referred to in paragraphs (3)(b), (5)(b) and (9)(b) are that—\n(a) any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;\n(b) any reference to “UK marking” is to be read as a reference to the CE marking;\n(c) any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements referred to in Annex I;\n(d) any reference to “designated standard” is to be read as a reference to a harmonised standard;\n(e) any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the pyrotechnic article in accordance with Article 17;\n(f) any reference to “technical documentation” is a reference to the technical documentation referred to in Annex II.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2015/1553/regulation/38A",
    "retrieved_at": "2026-10-28T23:33:32.819882+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}