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Fireworks policy in the European Union

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Overview of the fireworks policy in the European Union
Fireworks at Eurockéennes 2013 in Belfort, France.

Fireworks policy in the European Union is aimed at harmonising and standardising the EU member states' policies on the regulation of production, transportation, sale, consumption and overall safety of fireworks across the European Union. Regulation is achieved via Directive 2013/29/EU on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles.

History

After a 2003 consultation, the European Commission introduced a proposal for a European guideline to harmonise the international trade in and safety of fireworks on 11 October 2005. The proposal classified fireworks into four categories on the European level. It stipulated that Category 4 is exclusively meant for professional usage, and that member states are allowed to limit the sale of fireworks to the public concerning the categories 2 and 3. The proposed minimal requirements for age limits can be heightened by the member states.

This led to Directive 2007/23/EC, which was to be embedded into the member states' laws by 4 January 2010, to be applied by 4 July 2010 to fireworks of category 1, 2 and 3, and to be applied to all other pyrotechnic articles by 4 July 2013. On 12 June 2013, Directive 2013/29/EU was adopted, which the Member States were to enact in national law by 4 July 2017.

Since 2010, safety testing of fireworks is required in the entire Union, but companies are allowed to test their products in one member state before importing and selling them in another. A 2010 document from the Dutch Ministry of Infrastructure and Environment revealed that several fireworks importers in the Netherlands did not yet comply to the new testing regulations, but were not penalised for it, because a number of companies claimed they needed more time to implement the changes and were granted exceptions by the Ministry. Dream Fireworks owner Frits Pen, who claimed to have had his fireworks tested in Hungary for thousands of euros, sued the Ministry for failing to punish his competitors who were allowed to import and sell untested fireworks for free. In 2014, the Ministry stated that, by then, 80% of the fireworks imported into the Netherlands had a CE marking and were being checked.

European Union Fireworks Standards

The European Union's import rules for fireworks and firecrackers mainly consist of the requirements included in Directive 2013/29/EU, such as harmonised standards including EN 15947 and CE marking. The EN 15947 standards series is a series of European fireworks safety standards. CE marking is possible for products that meet the requirements of these standards.

The European Union's import rules for fireworks and firecrackers are governed primarily by Directive 2013/29/EU, which sets the legal framework for the safety and regulation of pyrotechnic articles, including fireworks, across the EU member states. The directive aims to ensure a high level of safety for consumers and professionals, facilitate the free movement of fireworks within the internal market, and provide clear guidelines for manufacturers and importers.

Key Components of the Directive

  1. Harmonized Standards Directive 2013/29/EU incorporates harmonized standards, including the EN 15947 series, which outlines specific safety requirements for fireworks. These standards cover essential criteria such as:
    • Construction and design of fireworks.
    • Safety distances and instructions for use.
    • Performance criteria, including stability and noise limits.
  2. CE Marking Fireworks that meet the requirements of the EN 15947 standards are eligible for CE marking, a mandatory certification that signifies conformity with EU health, safety, and environmental protection standards. The CE marking ensures that fireworks can be sold legally within the European Union and indicates that they have undergone rigorous testing and compliance checks.
  3. Categorization of Fireworks

EN 15947 Standards Series

The EN 15947 standards series is central to the EU's regulation of fireworks. It comprises a set of technical guidelines that manufacturers and importers must adhere to for their products to be legally sold in the EU market. Key elements of the standards include:

  • Testing Procedures: Includes tests for stability, durability, and performance consistency.
  • Safety Features: Specifies the inclusion of features such as protective packaging and clear, multilingual safety instructions.
  • Environmental Considerations: Addresses the impact of fireworks on the environment, such as limiting the use of hazardous materials.

Impact on Importers and Manufacturers

Manufacturers outside the EU wishing to export fireworks to the European market must ensure their products comply with the directive and EN 15947 standards. The CE marking process involves:

  1. Product testing by a Notified Body accredited by the EU.
  2. Submission of a technical file detailing the design, materials, and compliance measures.
  3. Issuance of a Declaration of Conformity.

Importers are also responsible for verifying that the products they distribute meet these requirements. Non-compliance can result in fines, product recalls, or bans on sales.

Consumer Safety and Awareness

The EU emphasizes consumer safety by requiring fireworks to include clear instructions, warnings, and age restrictions on packaging. Public awareness campaigns are often conducted during festive seasons to educate citizens about safe usage and the legal purchase of CE-marked fireworks.

Challenges and Future Developments

While Directive 2013/29/EU and EN 15947 standards have significantly improved fireworks safety, challenges remain, such as:

  • Ensuring uniform enforcement across all member states.
  • Addressing the rise of illegal imports that bypass CE marking requirements.
  • Adapting standards to new technological advancements in pyrotechnics.

Future updates to the directive may include stricter environmental standards and improved measures for tracing the supply chain of fireworks within the EU.

Categorisation of fireworks

Fireworks in the Europe Union are classified into four categories:

  • Category F1: fireworks which pose very little danger (such as sparklers), and are intended for use in a closed space, including fireworks intended for use outside residential buildings;
  • Category F2: fireworks which pose little danger, and are intended for use outside residential buildings in a closed space;
  • Category F3: fireworks which pose average danger, and are intended for use outside residential buildings in a large open space;
  • Category F4: fireworks which pose grave danger, and are exclusively intended for persons with specialised knowledge, often called "fireworks for professional usage".

The minimal ages set by the Directive are:

  • Category 1: 12 years old
  • Category 2: 16 years old
  • Category 3: 18 years old

Category F4 fireworks are restricted to professionals throughout the EU. Individual member states are allowed to prohibit the sale, possession and usage of other categories by consumers as well, if they so choose. In Belgium, and Germany, amateurs cannot buy category F3; in the Republic of Ireland, they can neither buy category F3 nor F2. Germany and France have also raised the age for category F2 fireworks from 16 to 18.

Member state policies

This section needs expansion. You can help by adding to it. (February 2018)

The EU's regulations on fireworks are the minimum standards for all member states, but the states are allowed to legislate on additional restrictions within their respective territories.

Belgium

Fireworks over the city of Mons, 2007.
Main article: Fireworks policy in Belgium

Since 5 July 2017, the sale of category F3 fireworks to non-professionals is a criminal offence in Belgium. The non-professional customer needs to be at least 12 years old for category F1 and at least 16 years old for category F2; the vendor is required to verify the customer's age. In Flanders, the Gemeentedecreet (Municipal Decree) gives the 308 municipalities of the Flemish Region the authority to introduce a required licence for lighting fireworks, or to prohibit the ignition of fireworks on certain locations.

Germany

In Germany, amateurs over 18 years old are allowed to buy and ignite fireworks of Category F2 for several hours on 31 December and 1 January; each German municipality is authorised to limit the number of hours this may last locally. The sale of Category F3 and F4 fireworks to consumers is prohibited. Lighting fireworks is forbidden near churches, hospitals, retirement homes and wooden or thatch-roofed buildings. All major German cities organise professional fireworks shows.

Finland

In Finland those under 18 years old haven't been allowed to buy any fireworks since 2009. Safety goggles are required. The use of fireworks is generally allowed on the evening and night of New Year's Eve, December 31. In some municipalities of Western Finland it is allowed to use fireworks without a fire station's permission on the last weekend of August. With the fire station's permission, fireworks can be used year-round.

Netherlands

2017 Dutch Safety Board report on fireworks risks (English subtitles).
Main article: Fireworks policy in the Netherlands

Fireworks in the Netherlands are mostly regulated by the Vuurwerkbesluit ("Fireworks Decree"), a 1993 law that has subsequently been amended many times to make the rules surrounding the production, testing, transportation, storage, trade, sale, consumption and overall safety of fireworks stricter and in harmony with other EU countries. During most of the year, most fireworks are restricted to usage by professionals, but there is an exception for ordinary citizens without any special training or licence to ignite fireworks during New Year's Eve from 6 pm on 31 December to 2 am on 1 January. Especially since the 2000 Enschede fireworks disaster, and more so since the accident-laden New Year's Eve of 2007/08, public discussion on more rigorous regulation or even prohibition on (consumer) fireworks has been frequent and ongoing.

Republic of Ireland

Fireworks show in Malahide, 18 March 2012.
See also: Regulation of UAVs in the Republic of Ireland

In the Republic of Ireland, only category F1 fireworks (such as sparklers) are available for sale, possession and use to amateurs. This makes Ireland one of the strictest countries in the world when it comes to consumer fireworks.

The original law banning ordinary citizens from the purchase of fireworks, the Explosives Act 1875, was adopted when the whole island was still part of the United Kingdom. Subsequent amendments and additional acts were passed to make the policy even stricter. For example, because the 1875 Act did not contain a provision on the possession of fireworks, the law was amended in 2006 to ban amateurs from owning fireworks as well. A person selling, buying, owning or lighting fireworks from categories F2 to F4 without a licence is now punishable with a fine or even imprisonment. Only pyrotechnicians are allowed to ignite such heavier fireworks.

Sweden

In the early 21st century, Sweden introduced more stringent rules on the use and sales of fireworks. In 2002, firecrackers were banned and in 2014, heavier rockets were banned. In late December 2018, it was announced that from 1 June 2019, skyrockets need to be launched with "control sticks", and anyone buying and lighting skyrockets must complete a special training course set up by the municipalities to obtain a permit; retailers may only sell skyrockets to permit holders. The illegal import and online sale of fireworks were anticipated problems of the new regulations.

Czech Republic

According to 2015 law it is forbidden to fire rockets with more than ten kilograms of explosive substances at a time without license. Under ten kilograms is it not a firework (de jure), and the law does not impose any other limitations. No report or permission is needed. For more than ten kilos of fireworks, license and report to the municipal office and a fire brigade is obligatory. The fine for non-compliance is up to half a million crowns, one million crowns for a company. In reality, however, such notifications are minimal, and no one checks how many rakes are actually being fired.

See also

References

  1. ^ Eliza Bergman & Dirk Bayens (2 January 2014). "Wereldkampioen vuurwerk". Brandpunt Reporter (in Dutch). KRO-NCRV. Retrieved 26 December 2017.
  2. "Proposal for a Directive of the European Parliament and of the Council on the placing on the market of pyrotechnic articles". 11 October 2005.
  3. Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles
  4. Directive 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)
  5. ^ Daniela Siebert (27 December 2017). "Sicher durch die Silvesternacht". Deutschlandfunk (in German). Archived from the original on 29 December 2017. Retrieved 29 December 2017.
  6. Commission communication in the framework of the implementation of Directive 2013/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles
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  11. "Verbod op vuurwerk". EenVandaag. 9 December 2008. Retrieved 23 December 2017.
  12. Roelf Jan Duin (17 December 2017). "Debat over vuurwerk leidt tot milde aanpassing". Het Parool. Retrieved 21 December 2017.
  13. Max Westerman (31 December 2013). "Het is nu eenmaal traditie!". NRC Handelsblad. Retrieved 29 October 2015.
  14. ^ Amber Dujardin & Jan Kruidhof (9 December 2014). "Volgende nationale discussie: vuurwerkverbod of -genot?". Trouw (in Dutch). Retrieved 26 December 2017.
  15. ^ Quinn, Sean E. (2009). Criminal Law in Ireland. Bray: Irish Law Publishing. pp. 721–734. ISBN 9781871509540. Retrieved 2 January 2018.
  16. "Sista nyårsafton med raketer – 2019 blir det förbjudet". Aftonbladet (in Swedish). 27 December 2018. Retrieved 2 January 2019.
  17. Boček, Jan; Cibulka, Jan (28 December 2018). "Data k ohňostrojům: mrtví ptáci, těžké kovy ve vzduchu, výjezdy záchranky i náklady pro obce". irozhlas.cz. Český rozhlas. Retrieved 8 February 2019.
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