PURPOSE: to harmonise national legislation in order to guarantee the free movement of pyrotechnic articles within the internal market whilst ensuring a high level of protection of human health and safety and protection of consumers and professional end users.

LEGISLATIVE ACT: Directive 2007/23/EC of the European Parliament and of the Council on the placing on the market of pyrotechnic articles.

CONTENT: the Council adopted the Directive at first reading, following negotiations with the European Parliament. The Directive establishes the essential safety requirements which pyrotechnic articles must fulfil with a view to their being placed on the market. The main elements are as follows:

Categorisation : pyrotechnic articles shall be categorised by the manufacturer according to their type of use, or their purpose and level of hazard, including their noise level. Pyrotechnic articles should include fireworks, theatrical pyrotechnic articles and pyrotechnic articles for technical purposes. The Directive shall not apply to: pyrotechnic articles intended for non-commercial use, by the armed forces, the police or fire departments and in the aerospace industry; percussion caps intended specifically for toys; and blank ammunition used in portable firearms.

Age limits : pyrotechnic articles shall not be sold or otherwise made available to consumers below the following age limits: (a) Fireworks: category 1: 12 years; category 2: 16 years; category 3: 18 years; (b) other pyrotechnic articles and theatrical pyrotechnic articles: category T1 and P1: 18 years. These limits can be increased where justified on grounds of public order, security or safety. The provisions of this Directive shall not preclude measures taken by a Member State to prohibit or restrict the possession, use and/or the sale to the general public of category 2 and 3 fireworks, theatrical pyrotechnic articles and other pyrotechnic articles, where measures are justified on grounds of public order, security or safety, or environmental protection.

Obligations of the manufacturer importer and distributor : manufacturers shall ensure that pyrotechnic articles placed on the market comply with the essential safety requirements set out in Annex I. If the manufacturer is not established in the Community, the importer of the pyrotechnic articles shall ensure that the manufacturer has fulfilled his obligations under this Directive. The importer may be held liable by authorities and bodies in the Community with regard to those obligations. Distributors shall verify, in particular, that the pyrotechnic article bears the required conformity marking(s) and is accompanied by the required documents.

Obligation to affix the CE marking : after having successfully completed the conformity assessment, manufacturers shall visibly, legibly and indelibly affix the CE marking to the pyrotechnic articles themselves or, if this is not possible, to an identification plate attached thereto or to the packaging. The identification plate must be so designed as to make its reuse impossible.

Labelling : the labelling of pyrotechnic articles for vehicles shall include the name of the manufacturer or, where the manufacturer is not established in the Community, the name of the importer, the name and type of the article and the safety instructions. Manufacturers shall ensure that pyrotechnic articles other than pyrotechnic articles for vehicles are properly labelled visibly, legibly and indelibly in the official language(s) of the Member State in which the article is sold to the consumer.

Market surveillance : Member States shall carry out regular inspections of pyrotechnic articles on entry into the Community and at storage and manufacturing sites. Member States shall take appropriate measures to ensure that when pyrotechnic articles are transferred within the Community, the safety and public security and protection requirements of this Directive are met. In addition, Member States shall lay down rules on penalties applicable to infringements of the provisions of national law adopted pursuant to this Directive and ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Rapid information on products presenting serious risks : where a Member State has sufficient reasons to believe that a pyrotechnic article presents a serious risk to the health and/or safety of persons, it shall inform the Commission and the other Member States thereof and shall perform an appropriate evaluation.

ENTRY INTO FORCE: 04/07/2007.

TRANSPOSITION: 04/10/2010.

APPLICATION: (a) by 4 July 2010, at the latest, for fireworks of categories 1, 2 and 3; and by 4 July 2013, at the latest, for other pyrotechnic articles, for fireworks of category 4 and for theatrical pyrotechnic articles.

Directive 2007/23
OJ L 154 14.06.2007, p. 0001

03671/3/2006

SP(2007)0054

Results of vote in Parliament

The European Parliament adopted a resolution drafted by Joel Hasse Ferreira (PES, PT). (Please see the summary of 14/09/2006.) The report adopted by 565 votes in favour to 22 against with 6 abstentions.

T6-0515/2006

Debate in Parliament

A6-0289/2006

A6-0289/2006

The committee adopted the report by Joel HASSE FERREIRA (PES, PT) amending - under the 1st reading of the codecision procedure - the proposed directive on the placing on the market of pyrotechnic articles:

- pyrotechnic articles intended for non-commercial use by fire departments (i.e for training purposes) should be exempted from the directive, as should pyrotechnic articles intended for use in the aerospace industry as well as percussion caps intended specifically for toys (the latter are already subject to the directive on the safety of toys);

- the committee clarified a number of definitions: 'pyrotechnic article' means inter alia any article containing explosive substances or an explosive mixture of substances, while the definition of 'automotive pyrotechnic article' was replaced by 'pyrotechnic articles for vehicles' covering components of safety devices in vehicles. 'Placing on the market' should not cover "fireworks built by the manufacturer for own use in the territory where they are produced"; similarly, 'manufacturer' would not include a person who designs and manufactures a product for his own professional or private use;

- MEPs also introduced a new definition: 'theatrical pyrotechnic articles', meaning pyrotechnics designed for stage use that are electrically or electronically initiated. A number of amendments reflected the need for the directive to take due account of these pyrotechnical articles and their specificities, particularly their categorisation, so that harmonised European standards can be developed;

- in key amendments, the committee said that 'authorised representative' should be replaced by 'importer' throughout the text. This would mean anyone who "makes a product originating from a third country available on the Community market for the first time in the course of his business". If the manufacturer is not established in the Community, "the importer of the pyrotechnic articles shall assume all obligations of the manufacturer under this Directive". MEPs argued that, given that the vast majority of fireworks on the EU market are imported from China and that authorised representatives may be easily replaced, the importer should assume the responsibility of the manufacturer and thus ensure that the product complies with the essential safety requirements;

- when categorising fireworks for the purposes of the directive, the level of hazard should include noise level, which should not be harmful for human health;

- on labelling, a separate article should be introduced for pyrotechnic articles for vehicles, given that these are generally not sold directly to consumers but to professional users (i.e. vehicle manufacturers and their authorised workshops) and are already subject to stringent information requirements;

- Member States should carry out regular inspections of pyrotechnic articles on entry into their territory and at storage and manufacturing sites. They should also inform the Commission about their market surveillance activities;

- lastly, the committee introduced a new Module H in Annex II, point 6a, laying down the procedure for full quality assurance.

PE374.171

PE370.230

CES0730/2006

PE371.984

PURPOSE: To harmonise the essential safety requirements for placing pyrotechnic articles on the market.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: The 1993 Directive on harmonising provisions relating to the placing on the market and supervision of explosives for civil uses, explicitly excludes pyrotechnic articles from its scope. The purpose of this proposal is to fill the legislative gap by creating coherent and comprehensive Community endorsed provisions on pyrotechnic products. The objective being:

- To ensure the free movement of pyrotechnic products within the EU.

- To improve the overall protection of consumers and professionals.

- To reduce accidents.

- To harmonise the safety requirements applicable in the different Member States.

The current European market for pyrotechnic articles, be they fireworks or articles used for stage effects, distress flares or for the automotive industry, is extremely divergent with Member States free to regulate according to how they see fit. Thus, whilst some Member States have banned fireworks for sale to consumers completely, others have opted for a more flexible approach. Labelling requirements and the classification of pyrotechnic articles is equally varied. Although patchy and incomplete, accident figures indicate that those who have forbidden the sale of fireworks completely to consumers record much lower accident figures than those who have not (Greece about 1 per million compared to 60.1 per million in the UK).

In presenting this proposal the Commission is intending to establish rules designed to achieve the free movement of pyrotechnic articles in the internal market whilst at the same time ensuring a high degree of protection to consumers. In addition, the Directive intends to develop the essential safety requirements necessary for the implementation of recently developed CEN standards on pyrotechnic articles. As such the CE marking will be extended to pyrotechnic articles. A further aim of the Directive is to develop an EU harmonised approach on consumer information vis-a-vis the safe handling and use of what can be potentially dangerous products. Member States are allowed to maintain their own regulations as far as the minimum age and the marketing and use of certain categories of fireworks are concerned. Finally, it should be noted that pyrotechnic articles covered by existing Community legislation (such as marine equipment) do not fall within the scope of the proposed Directive.

As far as any budgetary implications are concerned the Commission foresees no immediate financial impact on the Community’s budget. It is possible that at a later date, the proposed establishment of a “Register of European Union registration numbers for pyrotechnic articles”, will have budgetary implications on the EU budget. The Commission suggests that this be re-examined as and when the establishment of such a Register is proposed.

COM(2005)0457
EUR-Lex

PURPOSE: To harmonise the essential safety requirements for placing pyrotechnic articles on the market.

PROPOSED ACT: Directive of the European Parliament and of the Council.

CONTENT: The 1993 Directive on harmonising provisions relating to the placing on the market and supervision of explosives for civil uses, explicitly excludes pyrotechnic articles from its scope. The purpose of this proposal is to fill the legislative gap by creating coherent and comprehensive Community endorsed provisions on pyrotechnic products. The objective being:

- To ensure the free movement of pyrotechnic products within the EU.

- To improve the overall protection of consumers and professionals.

- To reduce accidents.

- To harmonise the safety requirements applicable in the different Member States.

The current European market for pyrotechnic articles, be they fireworks or articles used for stage effects, distress flares or for the automotive industry, is extremely divergent with Member States free to regulate according to how they see fit. Thus, whilst some Member States have banned fireworks for sale to consumers completely, others have opted for a more flexible approach. Labelling requirements and the classification of pyrotechnic articles is equally varied. Although patchy and incomplete, accident figures indicate that those who have forbidden the sale of fireworks completely to consumers record much lower accident figures than those who have not (Greece about 1 per million compared to 60.1 per million in the UK).

In presenting this proposal the Commission is intending to establish rules designed to achieve the free movement of pyrotechnic articles in the internal market whilst at the same time ensuring a high degree of protection to consumers. In addition, the Directive intends to develop the essential safety requirements necessary for the implementation of recently developed CEN standards on pyrotechnic articles. As such the CE marking will be extended to pyrotechnic articles. A further aim of the Directive is to develop an EU harmonised approach on consumer information vis-a-vis the safe handling and use of what can be potentially dangerous products. Member States are allowed to maintain their own regulations as far as the minimum age and the marketing and use of certain categories of fireworks are concerned. Finally, it should be noted that pyrotechnic articles covered by existing Community legislation (such as marine equipment) do not fall within the scope of the proposed Directive.

As far as any budgetary implications are concerned the Commission foresees no immediate financial impact on the Community’s budget. It is possible that at a later date, the proposed establishment of a “Register of European Union registration numbers for pyrotechnic articles”, will have budgetary implications on the EU budget. The Commission suggests that this be re-examined as and when the establishment of such a Register is proposed.

COM(2005)0457
EUR-Lex