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29.7.2011 Official
Journal
of
the
European
Union L
197/23
COMMISSION DECISION
of 28 July 2011
on the publication of references of standard EN 15947 regarding the essential safety requirements
set out in Directive 2007/23/EC of the European Parliament and of the Council on pyrotechnic
articles
(notified under document C(2011) 5310)
(Text with EEA relevance)
(2011/482/EU)
THE EUROPEAN COMMISSION,
(4) Concerns
raised
by
Sweden
were
addressed
in
the
framework of European Committee for Standardisation
(CEN), with several Member States insisting that, in the
Having regard to the Treaty on the Functioning of the European
light of their climatic conditions and national regulations
Union,
for the use of fireworks, batteries and combinations that
are to be embedded in the ground or to be fixed to a
post should be included in standard EN 15947. As a
Having regard to Directive 2007/23/EC of the European
result, batteries and combinations that are to be
Parliament and of the Council of 23 May 2007 on the
embedded in the ground or have to be fixed to a post
placing on the market of pyrotechnic articles ( 1 ), and in
were included in that standard as they satisfy essential
particular Article 8 thereof,
safety requirements set out in Directive 2007/23/EC
when accompanied by the instructions for use.
Having regard to the opinion of the Standing Committee set up
by Article 5 of Directive 98/34/EC of the European Parliament
and of the Council of 22 June 1998 laying down a procedure
(5) The
Commission
considers
that
in
Member
States
where
for the provision of information in the field of technical
fireworks are used primarily in public spaces, certain
standards and regulations (
batteries and combinations, despite labelling requiring

2 ),
them to be fixed to a post or embedded in soft
ground, are in practice often only placed on hard
Whereas:
ground or hard surfaces. In other Member States,
where fireworks are primarily being used on private
property, the requirement to embed batteries and combi
(1) On
20
September
2010,
the
Swedish
authorities
have
nations into soft ground or to fix them to a post actually
raised a formal objection in respect of parts 3, 4 and 5
increases safety. Therefore, in order to protect users and
of standard EN 15947, in particular relating to the
bystanders from injuries, it is necessary to revise the
requirements for batteries and combinations.
relevant parts of standard EN 15947 in order to
introduce different types of batteries and combinations
and take account of the distinctions between them. A
(2) Standard
EN
15947
considers
batteries
and
combinations
distinction should be made between batteries and combi
to be in conformity with the essential safety requirements
nations that are intended and suitable to be placed on a
of Directive 2007/23/EC if they are embedded into soft
hard flat surface and have to be tested in that manner,
ground or fixed to a post in order to stay upright during
and those batteries and combinations that must be
functioning.
embedded in soft ground or attached to a post and
tested in that manner. Batteries and combinations
which are neither intended and suitable to be placed
(3) According
to
the
Swedish
authorities,
standard
EN
15947
on a hard flat surface, nor embedded in soft ground or
does not satisfy the essential safety requirements set out
attached to a post should be included in a third, addi
in point 3 of Annex I to Directive 2007/23/EC. Batteries
tional type.
and combinations are commonly used on hard ground,
such as frozen ground and pavement, asphalt surfaces or
concrete. Standard EN 15947 does not provide for a test
for those batteries and combinations on hard surface.
(6) As
a
result
of
the
need
to
revise
parts
3,
4
and
5
of
Therefore, there is a risk that those batteries and combi
standard EN 15947 with regard to batteries and combi
nations will not stay upright during functioning on hard
nations, reference to those parts should be published in
ground. Standard EN 15947 does not satisfy the essential
the Official Journal of the European Union with an addi
safety requirement on the instructions for use set out in
tional notice.
point 3(h) of Annex I to Directive 2007/23/EC. Due to
the nature of fireworks, they are often used in late
evening or at night when, because of poor visibility,
(7) On
27
September
2010,
the
French
authorities
have
instructions are difficult to read.
raised a formal objection in respect of parts 3, 4 and 5
of standard EN 15947, relating to the absence of a drop
( 1 ) OJ L 154, 14.6.2007, p. 1.
test and to failure to set different safety distances for
( 2 ) OJ L 204, 21.7.1998, p. 37.
operators and for the public.

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L 197/24
EN
Official Journal of the European Union
29.7.2011
(8) Following
discussion
in
the
framework
of
CEN
it
was
‘Until that standard is reviewed and republished, Member
decided not to include the drop test in the standard as
States shall consider batteries and combinations which
proposed by France. Mechanical conditioning according
comply with standard EN 15947 to be in conformity with
to the descriptions in standard EN 15947 had already
the essential safety requirements set out in Annex I to
been part of the previous standard series EN 14035
Directive 2007/23/EC of the European Parliament and of
and has been very well established in the past. This
the Council only if, before being placed on the market,
test method covers the requirements regarding sensitivity
they have been clearly labelled as indicated below.
to normal, foreseeable handling and transportation set
out in Directive 2007/23/EC.
For batteries and combinations to be placed on flat ground:
(9) The
Commission
considers
that
the
mechanical
condi
tioning test already contained in EN 15947 sufficiently
“Place battery on flat ground” or “Place combination on flat
covers the requirements regarding sensitivity to normal,
ground”.
foreseeable handling and transportation set out in
Directive 2007/23/EC.
For batteries and combinations to be embedded into soft
ground or material:
(10) France
also
expressed
concern
that
the
safety
distances
set in part 3 of the standard EN 15947 do not protect
the public in every case, but only protect the firer. For
“Insert battery upright in soft ground or other non-flammable
example, if products are fired in the vicinity of tall
material, e.g. sand” or “Insert combination upright in soft
buildings, there is a risk of damaging the exterior of
ground or other non-flammable material, e.g. sand”.
these buildings or injure persons on balconies or
terraces. France has therefore proposed to determine
For batteries and combinations to be fixed to a post:
the safety distances of each pyrotechnic article by
taking into account its maximum vertical range.
“Fix battery firmly and upright to a solid post”, “Ensure top of
battery clears post” or “Fix combination firmly and upright to
(11) CEN discussions regarding safety distances clearly
a solid post”, “Ensure top of combination clears post”. The
revealed that it was necessary to have the same safety
method and means for fixing the battery or combination to a
distance for each article within a certain category. A
post shall be described in sufficient detail and in terminology
deviation from this principle entailed significant risks,
which can be easily understood by non-professional users in
as the user without specialist knowledge would have to
accompanying instructions for use.
adjust the safety distance prior to use.
For other batteries and combinations: [specify other safety
(12) The
Commission
considers
that
too
many
differing
safety
distances for pyrotechnic articles of the same category,
precautions if not intended and suitable to be placed on
especially different ones for users without specialist
flat ground, or to be embedded into soft ground or
knowledge and their public, will confuse users.
material or attached to a post].’.
Therefore it is not necessary to revise parts 3, 4 and 5
of the standard EN 15947 in this regard, as it already
2. The publication of the reference number of a national
satisfies the essential safety requirements set out in
standard transposing standard EN 15947 shall be accompanied
Directive 2007/23/EC,
by the notice referred to in paragraph 1.
HAS ADOPTED THIS DECISION:
Article 3
This Decision is addressed to the Member States.
Article 1
The references of parts 3, 4 and 5 of standard EN 15947 shall
be published in the Official Journal of the European Union.
Done at Brussels, 28 July 2011.
Article 2
For the Commission
1. The
publication
in
the Official Journal of the European Union
of references of parts 3, 4 and 5 of standard EN 15947 shall be
Antonio TAJANI
accompanied by the following additional notice:
Vice-President

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