Annex I of Directive 2004/57/EC lists items considered to be pyrotechnic or ammunition, whereas Annex II lists items where expert judgement will be used by explosives notified bodies to determine if the items are within or outside the scope of Directive 93/15/EEC. Both Annexes identify the items concerned by means of their United Nations (UN) number⁽¹⁾ .

How to Find out if your Product will need to be CE-Marked

To help you to find out if your product will need to be CE-Marked, Commission Directive 2004/57/EC is available on the Eur-Lex web site on European Union Law at "http://europa.eu.int/eur-lex".

The criteria that the GB Explosives Notified Body will use when dealing with items where expert judgement is required are set out below.

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Expert Judgement Required: Criteria to be used by GB Explosives Notified Body

Overall approach

1. If the item is within Compatibility Group G and it does not have a dedicated use, the GB Explosives Notified Body (GB ENB) will consider the item to be a pyrotechnic article and outside the scope of the Directive and POMSTER.
   
   
2. If the item is classified 1.4S and it does not have a dedicated use, GB ENB will make a decision based on the main effect produced during the functioning of the item. If the main effect is the production of light, heat or sound, GB ENB will consider the item to be a pyrotechnic article and outside the scope of the Directive and POMSTER. If the main effect is explosive, GB ENB will consider the item to be within the scope of the Directive and POMSTER.
   
   
3. For items classified 1.4S consideration will be given to analogies with similar products placed in specific compatibility groups, e.g. an item could be classified 1.1D or 1.4S depending on the method of packaging.

Items having a dedicated use

1. If the intended use of the item is solely to function an article or articles within Compatibility Group G (e.g. firework), GB ENB will consider the item to be a pyrotechnic article and outside the scope of the Directive and POMSTER.
   
   
2. If the intended use of the item includes the functioning of an article within a Compatibility Group such as C or D, GB ENB will consider the item not to be a pyrotechnic article and within the scope of the Directive and POMSTER.
   
   
3. If the intended use of the item (for example, an igniter within Compatibility Group G) is to function an article or articles classified 1.4S, GB ENB will make a decision based on the main effect produced during the functioning of the article or articles. If the main effect is the production of light, heat or sound, GB ENB will consider the item to be a pyrotechnic article and outside the scope of the Directive and POMSTER. If, in any application, the main effect is explosive, ENB will consider the item to be within the scope of the Directive and POMSTER.

Reference⁽¹⁾ United Nations Recommendations on the Transport of Dangerous Goods, Model Regulations, Twelfth Revised Edition, United Nations, New York and Geneva, 2001, ISBN 92-1-139074-5.

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