# The Pyrotechnic Articles (Safety) Regulations 2015, Regulation 38E: Further use of UK marking

Extent: E+W+S

(1) In this regulation—
(a) any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;
(b) “harmonised standard” has the meaning given to it in Article 3(14).
(2) Paragraph (3) applies where, before placing a pyrotechnic article on the market, the manufacturer ensures that—
(a) the pyrotechnic article has been designed and manufactured in accordance with the essential safety requirements set out in Annex I;
(b) the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;
(c) the technical documentation referred to in Annex II has been drawn up; and
(d) the technical documentation and other records relating to the conformity assessment procedure are prepared in or translated into English.
(3) Where this paragraph applies—
(a) the requirements of regulations 7 and 8 are to be treated as being satisfied;
(b) except for regulations 41 and 42(1) to (2), Part 3 does not apply;
(c) regulations 9, 10, 13, 14, 15(1)(a) and (b), 16, 19, 26, 29, 38(1) and 60 apply subject to the modifications in paragraph (4);
(d) regulations 6 and 41 and Schedule 3A apply subject to the modifications in paragraphs (4) and (5).
(4) The modifications referred to in paragraph (3)(c) and (d) are that—
(a) any reference to the “essential safety requirements” is to be read as a reference to the essential safety requirements in Annex I;
(b) any reference to “designated standard” is to be read as a reference to a harmonised standard;
(c) 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;
(d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex II.
(5) The modifications referred to in paragraph (3)(d) are that—
(a) any reference to “approved body” is to be read as a reference to any conformity assessment body that undertook any conformity assessment procedure in accordance with Article 17;
(b) any reference to “Schedule 2A” is to be read as a reference to Annex II;
(c) in Schedule 3A the reference to “statutory requirements” is to be read as including the Directive.

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Source: https://www.legislation.gov.uk/uksi/2015/1553/regulation/38E (the official version)
Page: https://openlegislation.uk/pyrotechnic-articles-safety-regulations-2015/regulation-38E
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.