WRITTEN QUESTION E-1601/01 by Hiltrud Breyer (Verts/ALE) to the Commission. German/French frontier region: noise nuisance caused by fireworks.
Date: 2001-06-01
Institutions: European Parliament, Provisional data
Subjects: France, Germany, explosive, free movement of goods, frontier region, marketing standard, noise, product safety, safety standard

4.7.2002

EN

Official Journal of the European Communities

C 160 E/3

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.

the background of concerns on classificatioon and labelling background,

Nevertheless, against
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.

(2002/C 160 E/003)

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

in France,

Just over the border,
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

it is possible to buy fireworks all year round. However,

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Official Journal of the European Communities

EN

4.7.2002

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.

Are there any plans to impose uniform and more stringent restrictions on the sale of fireworks and

1.
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.

(2002/C 160 E/004)

WRITTEN QUESTION E-1890/01

by Ioannis Marínos (PPE-DE) to the Commission

(27 June 2001)

Subject: Loss of VAT revenue in Greece

The newspaper To Vima of 23 May 2001 reported the findings of the organisation responsible for fighting
economic crime in Greece that the loss of VAT revenue in that country amounts to the significant sum of
Drs 1,5 trillion. These findings have not been disputed by any other competent authority.