BETA


2005/0194(COD) Protection of consumers: placing on the market and use of pyrotechnic articles, in particular fireworks

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead IMCO HASSE FERREIRA Joel (icon: PSE PSE)
Committee Opinion ENVI
Committee Opinion ITRE ORTUONDO LARREA Josu (icon: ALDE ALDE)
Lead committee dossier:
Legal Basis:
EC Treaty (after Amsterdam) EC 095

Events

2007/06/14
   Final act published in Official Journal
Details

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.

2007/05/23
   CSL - Draft final act
Documents
2007/05/23
   CSL - Final act signed
2007/05/23
   EP - End of procedure in Parliament
2007/04/16
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2007/04/16
   CSL - Council Meeting
2007/01/11
   EC - Commission response to text adopted in plenary
Documents
2006/11/30
   EP - Results of vote in Parliament
2006/11/30
   EP - Decision by Parliament, 1st reading
Details

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.

Documents
2006/11/29
   EP - Debate in Parliament
2006/09/19
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2006/09/19
   EP - Committee report tabled for plenary, 1st reading
Documents
2006/09/14
   EP - Vote in committee, 1st reading
Details

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.

2006/07/19
   EP - Amendments tabled in committee
Documents
2006/06/01
   EP - Committee opinion
Documents
2006/05/17
   ESC - Economic and Social Committee: opinion, report
Documents
2006/04/04
   EP - Committee draft report
Documents
2005/11/23
   EP - ORTUONDO LARREA Josu (ALDE) appointed as rapporteur in ITRE
2005/11/07
   EP - HASSE FERREIRA Joel (PSE) appointed as rapporteur in IMCO
2005/10/27
   EP - Committee referral announced in Parliament, 1st reading
2005/10/11
   EC - Legislative proposal
Details

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.

2005/10/10
   EC - Legislative proposal published
Details

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.

Documents

Votes

Rapport Hasse Ferreira A6-0289/2006 - proposition Commission #

2006/11/30 Outcome: +: 572, -: 25, 0: 6
DE FR IT GB ES PL BE HU CZ PT NL AT SE EL LT DK IE SK FI SI LV EE LU CY MT
Total
91
61
58
68
36
45
22
22
21
19
23
16
18
14
12
11
11
13
11
7
6
5
5
4
4
icon: PPE-DE PPE-DE
227
2

Estonia PPE-DE

For (1)

1

Luxembourg PPE-DE

3

Cyprus PPE-DE

2

Malta PPE-DE

2
icon: PSE PSE
162

Czechia PSE

For (1)

1

Lithuania PSE

2

Ireland PSE

1

Slovakia PSE

2

Finland PSE

2

Slovenia PSE

For (1)

1

Estonia PSE

3

Luxembourg PSE

For (1)

1

Malta PSE

2
icon: ALDE ALDE
74

Spain ALDE

1
2

Austria ALDE

1

Sweden ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

2

Latvia ALDE

1

Estonia ALDE

For (1)

1

Cyprus ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
40

Italy Verts/ALE

1

United Kingdom Verts/ALE

5

Spain Verts/ALE

Against (1)

3

Belgium Verts/ALE

2

Austria Verts/ALE

2

Sweden Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: UEN UEN
33

Lithuania UEN

2

Denmark UEN

For (1)

1

Latvia UEN

For (1)

1
icon: GUE/NGL GUE/NGL
30

France GUE/NGL

2

United Kingdom GUE/NGL

1

Portugal GUE/NGL

3

Netherlands GUE/NGL

2

Sweden GUE/NGL

2

Greece GUE/NGL

Abstain (1)

2

Finland GUE/NGL

Against (1)

1

Cyprus GUE/NGL

1
icon: NI NI
20

United Kingdom NI

4

Czechia NI

1

Slovakia NI

Abstain (2)

3
icon: IND/DEM IND/DEM
17

France IND/DEM

2

Poland IND/DEM

2

Czechia IND/DEM

1

Netherlands IND/DEM

1

Sweden IND/DEM

2

Rapport Hasse Ferreira A6-0289/2006 - résolution #

2006/11/30 Outcome: +: 565, -: 22, 0: 6
DE FR IT GB ES PL HU CZ BE PT AT NL SE EL SK LT FI DK IE LV SI EE LU CY MT
Total
87
60
57
67
36
44
22
21
20
18
17
22
17
14
13
12
12
11
11
7
7
5
5
4
4
icon: PPE-DE PPE-DE
222
2

Estonia PPE-DE

For (1)

1

Luxembourg PPE-DE

3

Cyprus PPE-DE

2

Malta PPE-DE

2
icon: PSE PSE
161

Czechia PSE

For (1)

1

Slovakia PSE

2

Lithuania PSE

2

Finland PSE

2

Ireland PSE

1

Slovenia PSE

For (1)

1

Estonia PSE

3

Luxembourg PSE

For (1)

1

Malta PSE

2
icon: ALDE ALDE
72

Spain ALDE

1
2

Austria ALDE

1

Sweden ALDE

2

Ireland ALDE

For (1)

1

Latvia ALDE

1

Slovenia ALDE

2

Estonia ALDE

For (1)

1

Cyprus ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
37

Italy Verts/ALE

1

United Kingdom Verts/ALE

4

Belgium Verts/ALE

2

Austria Verts/ALE

2

Netherlands Verts/ALE

Abstain (1)

3

Sweden Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: UEN UEN
34

Lithuania UEN

2

Denmark UEN

For (1)

1

Latvia UEN

2
icon: GUE/NGL GUE/NGL
30

France GUE/NGL

2

United Kingdom GUE/NGL

1

Portugal GUE/NGL

3

Netherlands GUE/NGL

2

Sweden GUE/NGL

2

Greece GUE/NGL

Abstain (1)

2

Finland GUE/NGL

For (1)

1

Cyprus GUE/NGL

1
icon: NI NI
20
3

United Kingdom NI

4

Czechia NI

1

Belgium NI

2

Austria NI

1
icon: IND/DEM IND/DEM
17

France IND/DEM

2

Poland IND/DEM

2

Czechia IND/DEM

1

Netherlands IND/DEM

1

Sweden IND/DEM

2

History

(these mark the time of scraping, not the official date of the change)

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summary
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.
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2006-11-30T00:00:00
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docs
url: http://www.europarl.europa.eu/doceo/document/TA-6-2006-0515_EN.html title: T6-0515/2006
summary
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.
procedure/instrument/1
Amended by 2011/0150(COD) Repealed by 2011/0358(COD)
procedure/instrument/1
Amended by 2011/0150(COD) Repealed by 2011/0358(COD) Amended by 2013/0048(COD)
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  • date: 2005-10-11T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0457/COM_COM(2005)0457_EN.pdf title: COM(2005)0457 type: Legislative proposal published celexid: CELEX:52005PC0457:EN body: EC commission: DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: VERHEUGEN Günter type: Legislative proposal published
  • date: 2005-10-27T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: True committee: IMCO date: 2005-11-07T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: HASSE FERREIRA Joel body: EP responsible: False committee: ITRE date: 2005-11-23T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: ALDE name: ORTUONDO LARREA Josu
  • date: 2006-09-14T00:00:00 body: EP committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: True committee: IMCO date: 2005-11-07T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: HASSE FERREIRA Joel body: EP responsible: False committee: ITRE date: 2005-11-23T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: ALDE name: ORTUONDO LARREA Josu type: Vote in committee, 1st reading/single reading
  • date: 2006-09-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-289&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0289/2006 body: EP committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: True committee: IMCO date: 2005-11-07T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: HASSE FERREIRA Joel body: EP responsible: False committee: ITRE date: 2005-11-23T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: ALDE name: ORTUONDO LARREA Josu type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2006-11-29T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20061129&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2006-11-30T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=12628&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-515 type: Decision by Parliament, 1st reading/single reading title: T6-0515/2006 body: EP type: Results of vote in Parliament
  • date: 2007-04-16T00:00:00 body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 2793
  • date: 2007-04-16T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2007-05-23T00:00:00 body: CSL type: Final act signed
  • date: 2007-05-23T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2007-06-14T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32007L0023 title: Directive 2007/23 url: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2007:154:SOM:EN:HTML title: OJ L 154 14.06.2007, p. 0001
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  • body: EC dg: Internal Market, Industry, Entrepreneurship and SMEs commissioner: VERHEUGEN Günter
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  • body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 2793 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2793*&MEET_DATE=16/04/2007 date: 2007-04-16T00:00:00
docs
  • date: 2006-04-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE371.984 title: PE371.984 type: Committee draft report body: EP
  • date: 2006-05-17T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:0730)(documentyear:2006)(documentlanguage:EN) title: CES0730/2006 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2006-06-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE370.230&secondRef=02 title: PE370.230 committee: ITRE type: Committee opinion body: EP
  • date: 2006-07-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE374.171 title: PE374.171 type: Amendments tabled in committee body: EP
  • date: 2006-09-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-289&language=EN title: A6-0289/2006 type: Committee report tabled for plenary, 1st reading/single reading body: EP
  • date: 2007-01-11T00:00:00 docs: url: /oeil/spdoc.do?i=12628&j=0&l=en title: SP(2007)0054 type: Commission response to text adopted in plenary
  • date: 2007-05-23T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=3671%2F06&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 03671/3/2006 type: Draft final act body: CSL
events
  • date: 2005-10-11T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2005/0457/COM_COM(2005)0457_EN.pdf title: COM(2005)0457 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=457 title: EUR-Lex summary: 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.
  • date: 2005-10-27T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2006-09-14T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: 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.
  • date: 2006-09-19T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-289&language=EN title: A6-0289/2006
  • date: 2006-11-29T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20061129&type=CRE title: Debate in Parliament
  • date: 2006-11-30T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=12628&l=en title: Results of vote in Parliament
  • date: 2006-11-30T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-515 title: T6-0515/2006 summary: 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.
  • date: 2007-04-16T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2007-05-23T00:00:00 type: Final act signed body: CSL
  • date: 2007-05-23T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2007-06-14T00:00:00 type: Final act published in Official Journal summary: 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. docs: title: Directive 2007/23 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32007L0023 title: OJ L 154 14.06.2007, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2007:154:TOC
other
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IMCO/6/30959
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  • IMCO/6/30959
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procedure/instrument
Old
Directive
New
  • Directive
  • Amended by 2011/0150(COD) Repealed by 2011/0358(COD) Amended by 2013/0048(COD)
procedure/subject
Old
  • 2.10 Free movement of goods
  • 2.10.03 Standardisation, EC standards and trademark, certification, compliance
  • 4.60.08 Safety of products and services, product liability
New
2.10
Free movement of goods
2.10.03
Standardisation, EC/EU standards and trade mark, certification, compliance
4.60.08
Safety of products and services, product liability
procedure/summary
  • Amended by
  • Amended by
  • Repealed by
activities/10/docs/1/url
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links/European Commission/title
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PreLex
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activities
  • date: 2005-10-11T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2005/0457/COM_COM(2005)0457_EN.pdf title: COM(2005)0457 type: Legislative proposal published celexid: CELEX:52005PC0457:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry Commissioner: VERHEUGEN Günter
  • date: 2005-10-27T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: True committee: IMCO date: 2005-11-07T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: HASSE FERREIRA Joel body: EP responsible: False committee: ITRE date: 2005-11-23T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: ALDE name: ORTUONDO LARREA Josu
  • date: 2006-09-14T00:00:00 body: EP committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: True committee: IMCO date: 2005-11-07T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: HASSE FERREIRA Joel body: EP responsible: False committee: ITRE date: 2005-11-23T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: ALDE name: ORTUONDO LARREA Josu type: Vote in committee, 1st reading/single reading
  • date: 2006-09-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A6-2006-289&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A6-0289/2006 body: EP committees: body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI body: EP responsible: True committee: IMCO date: 2005-11-07T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: HASSE FERREIRA Joel body: EP responsible: False committee: ITRE date: 2005-11-23T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: ALDE name: ORTUONDO LARREA Josu type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2006-11-29T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20061129&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2006-11-30T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=12628&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P6-TA-2006-515 type: Decision by Parliament, 1st reading/single reading title: T6-0515/2006 body: EP type: Results of vote in Parliament
  • date: 2007-04-16T00:00:00 body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 2793
  • date: 2007-04-16T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2007-05-23T00:00:00 body: CSL type: Final act signed
  • date: 2007-05-23T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2007-06-14T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32007L0023 title: Directive 2007/23 url: http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2007:154:SOM:EN:HTML title: OJ L 154 14.06.2007, p. 0001
committees
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: True committee: IMCO date: 2005-11-07T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: PSE name: HASSE FERREIRA Joel
  • body: EP responsible: False committee: ITRE date: 2005-11-23T00:00:00 committee_full: Industry, Research and Energy rapporteur: group: ALDE name: ORTUONDO LARREA Josu
links
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/enterprise/ title: Enterprise and Industry commissioner: VERHEUGEN Günter
procedure
dossier_of_the_committee
IMCO/6/30959
reference
2005/0194(COD)
subtype
Legislation
legal_basis
EC Treaty (after Amsterdam) EC 095
stage_reached
Procedure completed
summary
instrument
Directive
title
Protection of consumers: placing on the market and use of pyrotechnic articles, in particular fireworks
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject