Directive 2007/23 - Placing on the market of pyrotechnic articles - Main contents
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official title
Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2007/23 |
| Original proposal | COM(2005)457  |
| CELEX number i | 32007L0023 |
| Document | 23-05-2007 |
|---|---|
| Publication in Official Journal | 14-06-2007; Special edition in Croatian: Chapter 13 Volume 052,OJ L 154, 14.6.2007 |
| Effect | 04-06-2007; Entry into force Date pub. +20 See Art 22 |
| End of validity | 30-06-2015; Repealed by 32013L0029 |
| Transposition | 04-01-2010; At the latest See Art 21.1 |
14.6.2007 |
EN |
Official Journal of the European Union |
L 154/1 |
DIRECTIVE 2007/23/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 May 2007
on the placing on the market of pyrotechnic articles
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),
Whereas:
(1) |
The laws, regulations and administrative provisions in force in the Member States with regard to the placing on the market of pyrotechnic articles are divergent, in particular as regards aspects such as safety and performance characteristics. |
(2) |
Those laws, regulations and administrative provisions, being liable to cause barriers to trade within the Community, should be harmonised in order to guarantee the free movement of pyrotechnic articles within the internal market whilst ensuring a high level of protection of human health and safety and the protection of consumers and professional end users. |
(3) |
Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses (3) excludes pyrotechnic articles from its scope and states that pyrotechnic articles require appropriate measures to ensure the protection of consumers and the safety of the public and that an additional directive is planned in this field. |
(4) |
Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (4) sets out safety requirements for establishments where explosives, including pyrotechnic substances, are present. |
(5) |
Pyrotechnic articles should include fireworks, theatrical pyrotechnic articles and pyrotechnic articles for technical purposes, such as gas generators used in airbags or in seatbelt pretensioners. |
(6) |
This Directive should not apply to pyrotechnic articles to which Council Directive 96/98/EC of 20 December 1996 on marine equipment (5) and the relevant international conventions mentioned therein apply. |
(7) |
In order to ensure appropriately high levels of protection, pyrotechnic articles should be categorised primarily according to their level of hazard as regards their type of use, purpose or noise level. |
(8) |
According to the principles set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (6), a pyrotechnic article should comply with this Directive when the article is placed on the Community market for the first time. In view of religious, cultural and traditional festivities in the Member States, fireworks built by the manufacturer for his own use and which have been approved by a Member State for use on its territory should not be considered as having been placed on the market and should not therefore need to comply with this Directive. |
(9) |
Given the dangers inherent in the use of pyrotechnic articles, it is appropriate to lay down age limits for their sale to consumers and their use, and to ensure that their labelling displays sufficient and appropriate information on safe use, in order to protect human health and safety and the environment. Provision should be made for certain pyrotechnic articles to be made available only to authorised specialists with the necessary knowledge, skills and experience. With regard to pyrotechnic articles for vehicles, labelling requirements should take into account current practice and the fact that these articles are supplied... |
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