WRITTEN QUESTION E-1569/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(29 May 2001)

Subject: Assessment of the hazards of fireworks materials in the EU

Investigations into the explosion at the Enschede fireworks factory on 13 May 2000 led to the conclusion that:

- ADR Classes 1,1 to 1,4 were devised for the assessment of hazards which might arise during the transport of explosive materials and are applicable only to a limited extent to the storage thereof,

- classification of fireworks materials in the various ADR classes is carried out in the country of manufacture and checks showed that the materials had been wrongly classified,

- accordingly, only a few Member States verify the classification of fireworks materials on import.

1. What possibilities does the Commission see for the tests to assess fireworks materials to be reviewed at Community, OECD or UN level and, where appropriate, supplemented by a test whereby the materials would be exposed to fire in an enclosed environment in order to take account of the fact that most fireworks materials are not only transported in containers but also stored in them?

2. Given that classification of fireworks materials in the various ADR classes is carried out in the country of manufacture, with classification in Classes 1,3 and 1,4 being in part obligatory for the marketing thereof, and given that the extent to which Member States check such classification varies, does the Commission see any possibility of requiring all the Member States to have the classification of all materials monitored before import by means of tests carried out by laboratories accredited in the Community?

Answer given by Mrs Wallström on behalf of the Commission

(27 July 2001)

Centre (JRC) at Ispra/Italy on 28-29 March 2001, as already mentioned in the answer to the Honourable Member's Written Question E-1568/01(1) experts held the view that the classification system operated under the United Nations European Agreement concerning the International Carriage of Dangerous Goods by Road (UN/ADR) better represents the hazards of certain types of explosives, particularly fireworks, than the risk phrases currently used in At the Workshop on explosive and pyrotechnic substances(2) held at the Joint Research Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances hereafter the Seveso II Directive. The tests performed under these risk phrases are intended to identify a limited range of hazards applicable to raw substances, but these hazards are not representative of the full range of hazards associated with explosive or pyrotechnic articles in transport or storage. In contrast, the UN/ADR classification scheme provides a much broader assessment of hazards associated with explosive substances and articles alike under different conditions.

It was also noted that current test procedures and criteria used to establish the UN/ADR classifications may not account adequately for hazards in storage facilities. The UN/ADR protocols themselves acknowledge that the testing protocols may not cover all possible packaging and transport conditions. Research performed in the United Kingdom on packaged articles in bulk storage or heavy confinement has demonstrated that, under these conditions, the hazards may be much more severe than indicated by the UN/ADR tests, designed solely to address transportation conditions. Therefore, there is concern that testing procedures under UN/ADR protocols cannot identify with certainty the level of hazard present at fixed storage installations. Despite this reservation, the experts felt that the UN/ADR classification scheme effectively identifies the explosive hazard present in most situations. The scheme has the additional advantage that it is internationally accepted, widely used and regularly updated to reflect new information and technology. It also provides a strong basis for developing even more precise hazard criteria for explosives in future. In this respect, an additional test may be necessary to make sure that classification of explosive hazards accounts for the full range of possible storage situations.

Explosive and pyrotechnic products imported from third countries into the Community are often incorrectly classified and labelled. All Member States require licensing of manufacturing and storage of pyrotechnic and explosive substances. Moreover, the national laws of the Member States for the storage of pyrotechnics and explosives are based on the UN/ADR classification scheme. However, there are big differences within the Community as to who carries out the classification, ranging from the acceptance of the classification of imported fireworks, self re-classification by the operator to full third-party classification systems. Harmonised competence criteria for the bodies that carry out classification (mostly public authorities) do not exist across the Community.

However, the Commission is concerned to ensure that fireworks placed on the Community market can be used safely. As the Honourable Member may know, the General Product Safety Directive Council Directive 92/59/EEC of 29 June 1992 on general products safety(3) applies to fireworks, as well as to many other products. This Directive requires manufacturers to ensure that the products they place on the market meet acceptable safety standards. It also requires the Member States to monitor products on the market and to inform other Member States of any problem products, which can be withdrawn from the market if necessary.

Nevertheless, against the background of concerns on classificatioon and labelling background, the Commission will consider appropriate measures to ensure that the classification and labelling of explosive and pyrotechnic products, in particular those imported from third countries, is carried out correctly and therefore reflects the proper hazard potential of the products.

(1) OJ C 364 E, 20.12.2001, p. 148.

(2) OJ L 10, 14.1.1997.

(3) OJ L 228, 11.8.1992.