Pyrotechnic articles directive

With reference to John Michael Mizzi's correspondence of March 28, entitled Fireworks Dangers, the Ministry for Competitiveness and Communications wishes to point out that:

The "scope" of the proposed directive is to have one set of conditions applicable among the 25 member states, for placing pyrotechnic products on their market by harmonising the essential (health and safety) requirements applicable to the product. Thus, the overall objective of the proposal is the creation of a single market in pyrotechnical articles while ensuring a high level of protection to consumers.

Legislation on the marketing and use of pyrotechnical articles is currently determined nationally throughout the EU and such divergent national legislation is liable to cause barriers to trade. Therefore one of the objectives of the proposal is to create a single market in pyrotechnical articles in order to achieve cost savings for those companies which are active in several member states, based on the principle "tested once, accepted everywhere".

Another objective is to reduce accidents. The aim of this commission proposal is therefore to reduce accidents from fireworks as far as possible by ensuring that only CE marked articles which comply with the essential safety requirements are placed on the market.

The term pyrotechnic products encompasses a wide range of articles ranging from distress flares, car air-bag detonators and fireworks that are designed to produce effects such as the generation of heat, gas, light or noise-like sparklers, Christmas crackers and party poppers. The proposal then breaks down the fireworks' family of products as follows:

Category 1: Fireworks which present a very low hazard and which are intended for use in confined areas, including fireworks which are intended for use inside domestic buildings;

Category 2: Fireworks which present a low hazard and which are intended for outdoor use in confined areas;

Category 3: Fireworks which present a medium hazard and which are intended for outdoor use in large open areas;

Category 4: Fireworks which present a high hazard and which are intended for use by persons with specialist knowledge only, commonly known as "fireworks for professional use".

The absolute majority of Maltese fireworks falls in Category 4 and thus not intended for the common citizen and Malta shall insist on this reservation.

The declared position that "the government and Malta's MEPs are arguing that fireworks manufactured on a non-commercial basis for use in Maltese village feasts should be exempted from the (EU) directive and should remain regulated by Maltese law" emanates from the fact that by virtue of the Explosives Ordinance, Cap 33 and its subsidiary legislation, the manufacture, storage and discharge of traditional fireworks, as well as the issue of licences for manufacturers, fireworks factories, times and sites of discharge, among others, have been heavily regulated and Malta is insisting on keeping these controls under its jurisdiction according to the well-known EU principle of "subsidiarity".

In fact, all the concerns mentioned by Mr Mizzi fall under national laws in all member states and shall remain so, since the proposal addresses only the free circulation aspect of pyrotechnic products and the corresponding administrative/technical infrastructure that needs to be set up in each of the 25 member states to ensure that only safe products are placed on the EU market. Specifically, with regards to the mentioned examples related to discharge sites, removal of misfired fireworks, times of discharge and the corresponding permissible quantities/sizes, importation of explosives, etc..., these and others are all regulated by virtue of Legal Notice 243 of 1998 as amended by Legal Notices 266 of 1998, 122 and 125 of 1999, and 118 and 164 of 2001 on Control of Fireworks and other Explosives.

This proposal has to be seen as complementing our long-established legal framework in this field, rather than replacing it; in fact, the EU is aiming to set "one ruler" when it comes to classify and measure the safety of pyrotechnic articles to ensure a level playing-field to all economic operators in this sector but, with reference to recital 71 of the same proposal, is not considering to intervene on traditions/cultural customs.

During the consultation meetings conducted on behalf of the Ministry for Competitiveness and Communications by the Consumer and Industrial Goods Directorate of the Malta Standards Authority, it has been stressed and reiterated on various occasions that, while Maltese authorities wish to mitigate as much as is technically feasible and through all possible sorts of measures, the frequency of incidents related to fireworks and especially those occurring during their production, this proposal has to fit in the overall context of existing "national" regulations. It has to be seen not in isolation but as forming another important "loop" in the "chain" of legislation intended to enhance the safety of this otherwise highly accident-prone sector.

Finally, the ministry wishes to thank Mr Mizzi for raising this issue and giving it the opportunity to clarify matters further. The ministry is also very grateful to all those who took part in the extremely fruitful consultations and shall see that during the forthcoming European Council debate on this proposal, the agreed Maltese position is well explained and presented, in order to safeguard our traditions while paving the way for Maltese economic operators who already showed their wish and intention to take advantage of the EU market that this proposal is opening for them.