WRITTEN QUESTION E-1601/01

by Hiltrud Breyer (Verts/ALE) to the Commission

(1 June 2001)

Subject: German/French frontier region: noise nuisance caused by fireworks

Just over the border, in France, it is possible to buy fireworks all year round. However, it is only permissible to set them off on a limited number of designated days per year in accordance with local by-laws. Due to the fact that in France, unlike Germany, the sale of fireworks is authorised all year round, German nationals, particularly those living in frontier regions,

buy fireworks over the border in France and set them off there, or in Germany, outside the permitted period (which extends from 6 p.m. on NewYear's Eve to 7 a.m. on New Year's Day). This is an offence, constitutes an intolerable noise nuisance for people and animals, particularly in the months of November and December, and flies in the face of health, environmental and nature protection requirements. A huge number of complaints has been filed by residents on both sides of the border. The forces of order are unable to remedy this state of affairs.

1. Are there any plans to impose uniform and more stringent restrictions on the sale of fireworks and pyrotechnic products within the EU?

2. Why is the unrestricted sale of fireworks and pyrotechnic products not completely banned in view of the high incidence of personal injuries and environmental damage associated with their use and the dangers involved in storing such items?

Answer given by Mr Liikanen on behalf of the Commission

(5 September 2001)

There is no specific Community legislation on the safe use of fireworks. It is the Member States which determine and enforce rules on fireworks which can be adapted as necessary to fit local circumstances. The Commission is not convinced that a Community Directive on the marketing and use of fireworks would be a more effective solution in terms of prevention of accidents.

As regards the safe use of fireworks as indicated in the Commission's reply to the Honourable Member's Written Question E-1569/01(1), fireworks placed on the Community market are subject to Council Directive 92/59/EEC of 29 June 1992 on General Product Safety(2) which applies to fireworks, as well as to many other products. Under this Directive, manufacturers must 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 if necessary.

As regards the cross-border transfer of fireworks, as with all goods that are approved for legal use in one Member State, they 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 this does not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security. Such prohibitions or restrictions must not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.

(1) See page 2.

(2) OJ L 228, 11.8.1992.