From July 4th 2013, product supplied into Europe must be CE certified and labelled accordingly. Exceptions to this include:
UK – where HSE classification is still valid until 4th July 2014 (extension under review)
France – where Homologation numbers are valid until 4th July 2017
Germany – where BAM certified products are valid until 4th July 2017.
The new directive categorises products into T1 and T2 which relate to the level of hazard.
Category T1: Articles for stage use which present a low hazard and which are intended for indoor and outdoor use. Some T1 articles are restricted for outdoor use only and will be denoted as T1 'for outdoor use only'.
Category T2: Articles for stage use which are intended for use only by “persons with specialist knowledge”. The term 'stage use' includes film and television productions or similar use.
To qualify as a 'person with specialist knowledge', they must demonstrate to the satisfaction of the supplier that they have:
Undertaken training recognised in the theatrical profession, in relation to the type of category T2 theatrical pyrotechnic articles to be supplied.
This must include training* in the nature and correct use of the articles; and in the risks associated with the transport, storage and use of such articles.
Used category T2 articles
Valid liability insurance covering use of category T2 theatrical pyrotechnic articles (may be in the name of the individual in question or the employer of that person).
A “person with specialist knowledge” also includes any person whose trade or business (or a significant part of whose trade or business) is the supply of category T2 theatrical pyrotechnic articles, for the purpose of supplying them in accordance with the regulations. This means that any Distributers can buy and supply T2 products. The responsibility for assuring anyone buying T2 products has specialist knowledge rests with the person supplying them.
*The training issue is still very vague and the BIS guidance states the following: "The concept of training recognised in the business, industry or profession does not mean that BIS will be recognising particular training. It is for the supplier to make a judgement as to whether the training in question in question is sufficient and provided by a person or body with a sufficient reputation in that sector."
**Please note that a “person with specialist knowledge” (T2 user), can handle and/or use articles labelled T1 or T1 'for outdoor use only' in a different manner to that prescribed on the label or within the instructions for use; provided that they have taken due consideration of the hazards and risks that any deviations they make might have. A person with specialist knowledge is expected to have the knowledge to make use of T1 products in a different manner to those prescribed on the label or the instructions.
For example, a T1 'for outdoor use only' product can be used indoors by a T2 user.