EN Official Journal of the European Union CE 65/256

(2004/C 65 E/271)

WRITTEN QUESTION P-3009/03

by Arlene McCarthy (PSE) to the Commission

(8 October 2003)

Subject: Fireworks

Across Europe thousands of people are injured, property is destroyed, animals terrified and money wasted on emergency services responding to a completely preventable danger.

There is no specific Community legislation on the safe use of fireworks. They were explicitly excluded from the scope of Directive 93/15/EEC (1) of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses. The Commission has not been convinced that a Community directive on the marketing and use of fireworks would be a more effective solution in terms of prevention of accidents than rules developed at a local level.

1. The Commission stated in answer to Written Question P-4053/97 (2) that the level and seriousness of accidents depends on local customs for public use of fireworks. Given the discrepancy between Member States on the marketing and use of fireworks, does the Commission agree that a specific Community directive would be more effective in both protecting public health and ensuring a level playing field in the marketing and use of fireworks?

2. Is the Commission not of the view that restricting the sale of fireworks to licensed displays would reduce the discrepancies between states?

3. Some fireworks are more dangerous than others. Fireworks placed on the Community market are subject to Council Directive 92/59/EEC (3) of 29 June 1992 on General Product Safety. Not all Member States share the same position on which products meet this Directive. Would it not be more appropriate if product safety standards were clarified by legislation particular to fireworks?

4. As with all goods that are approved for legal use in one Member State, fireworks are typically able to circulate freely within the Community (Article 28 (ex Article 30) of the EC Treaty). Under Article 30 (ex Article 36) of the EC Treaty, cross-border transfer of fireworks may be prohibited on grounds of public policy or public security. Does the Commission agree that it is easier to illegally import a product into a EU State with tighter product control once it has been legally imported into a Member State with weaker restrictions, than attempting to directly import the banned product from a third-party nation? Thus is it not more suitable to harmonise legislation concerning which fireworks are legal in the EU?

5. What is the Commission doing to stop illegal fireworks being imported into Member States across the EU?

Answer given by Mr Liikanen on behalf of the Commission

(31 October 2003)

Work is currently ongoing to develop a proposal on Community legislation on harmonised rules for the approval and categorisation of fireworks for consideration by the Commission. Such rules should provide consumers with a high level of protection ensuring that only approved fireworks are placed on the Union market. The proposed legislation would include essential safety requirements with which fireworks must comply. This would lead to the development of harmonised safety standards on fireworks by the European Committee for Standardisation (CEN).

The Commission is not convinced that Community measures should be taken in relation to restricting the sale of fireworks to licenced displays. However, the proposed legislation would categorise fireworks with certain categories of fireworks being restricted to professionals only. Such measures would be a proportionate response to providing consumers with a high level of protection.

There are wide differences throughout the Union on local customs for consumer use of fireworks. These differences extend to aspects such as the times of year when fireworks are most in demand and their charcteristics (visual and sound effects). As a result, the planned measures would provide that the Member States should adopt any necessary provisions in relation to the use of Union approved fireworks consistent with these local customs.

In the meantime, the EC Treaty provisions and principles regarding the Internal Market apply and consequently national measures that may lead to restrictions on intracommunity trade of such goods are assessed in the light of Articles 28 to 30 of the EC Treaty.

The control of illegal import of fireworks into the Union is a matter for the Member States. The adoption of harmonised legislation on fireworks at Community level would mean that imported fireworks would be subject to the same rules as those of Union origin.

(1) OJ L 121, 15.5.1993, p. 20.

(2) OJ C 187, 16.6.1998, p. 116.

(3) OJ L 228, 11.8.1992, p. 24.