Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th October, 2013.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013¹ , hereby make the following regulations:

Citation and Commencement

1. (1) These Regulations may be cited as the European Communities (Placing on the Market of Pyrotechnic Articles) (Amendment) Regulations 2013.

(2) These Regulations come into operation on 2nd October, 2013.

Interpretation

2. In these Regulations “Principal Regulations” means the European Communities (Placing on the Market of Pyrotechnic Articles) Regulations 2010 (No. 1 of 2010), as amended by the European Communities (Placing on the Market of Pyrotechnic Articles) (Amendment) Regulations 2010 (No. 416 of 2010).

Amendment of Regulation 2 of the Principal Regulations

3. Regulation 2(2) of the Principal Regulations is amended—

(a) by inserting the following definition:

“ ‘Directive No. 2013/29/EU’ means Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast)¹ ;”,

and

(b) by substituting the following definition for the definition of “essential safety requirements”:

“ ‘essential safety requirements’ means the essential safety requirements set out in points 1, 2, 3 and 5 of Annex I to the Directive and point 4 of Annex I to Directive No. 2013/29/EU;”.

Insertion of new Regulation in Principal Regulations

4. The Principal Regulations are amended by inserting the following Regulation after Regulation 23:

“Withdrawal of certain pyrotechnic articles from the market

24. (1) This Regulation applies to pyrotechnic articles available on the market that—

(a) were placed on the market on or after 4 July 2013, and

(b) do not comply with point 4 of Annex I to Directive No. 2013/29/EU.

(2) A person who is in possession of pyrotechnic articles to which this Regulation applies shall withdraw such articles from the market not later than 31 December 2013.”.

Amendment of Regulation 22 of Principal Regulations

5. Regulation 22(1) of the Principal Regulations is amended by substituting “, 23 or 24” for “or 23”.

GIVEN under my Official Seal,

30 September 2013.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations give effect to Article 47(2) of Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (recast).

1 OJ No. L 178, 28.6.2013, p. 27

1 OJ No. L 178, 28.6.2013, p. 27