Text file: 5176.txt
author: engospod
downvotes: 14
end consideration date: 2013-11-21
id: '5176'
number comments: 20
number views: 6882
proposal type: Competent authority response
response: "Response from the Ministry of the Interior\nI. Existing arrangements:\n\
  The sale and use of pyrotechnic articles is regulated by the Law on Explosives and\
  \ Pyrotechnic Articles (Official Gazette of the Republic of Slovenia, No 35/08),\
  \ which classifies pyrotechnic articles according to their type of use, purpose,\
  \ level of danger and noise level into categories 1, 2, 3, 4 (fireworks), T1 and\
  \ T2 (pyrotechnic articles for theatrical venues) and P1 and P2 (other pyrotechnic\
  \ articles). According to this law, pyrotechnic articles of category 1, the main\
  \ effect of which is a bang, may only be sold in the Republic of Slovenia from 19\
  \ to 31 December and used from 26 December to 2 January. This includes mainly non-hazardous\
  \ pyrotechnic toys which present a very low hazard, cause a negligible level of\
  \ noise and are intended for use both in congested areas and in closed buildings\
  \ and other enclosed spaces. The sale, possession and use of fireworks of categories\
  \ 2 and 3, including firecrackers, bombs, etc., the main effect of which is a bang,\
  \ shall be prohibited. These products contain a higher net mass of explosive substances\
  \ in each product, which results in a higher intensity of bang or noise and may\
  \ pose a greater risk to the health of the user, to people and to the safety of\
  \ property.\nAccording to the information available to us, some other European countries\
  \ (e.g. Denmark, Hungary, Ireland, the Netherlands, Norway, Sweden, Romania, Lithuania)\
  \ have a similar regulation to that of Slovenia, i.e. a ban on the use of pyrotechnic\
  \ articles of category 2 and 3, the main effect of which is a bang. In Finland and\
  \ Sweden, the use of firecrackers of category 3 is banned. In the other Member States,\
  \ the use of firecrackers and firecrackers and other pyrotechnic articles is allowed.\n\
  It is clear from the proposal that the applicant proposes to amend Article 35(5)\
  \ of the Explosives and Pyrotechnic Articles Act, which provides that the sale,\
  \ possession and use of fireworks of categories 2 and 3, the main effect of which\
  \ is a bang, is prohibited. If an individual uses or possesses a firecracker or\
  \ other bursting product in these two categories, the offence is punishable by a\
  \ fine of between EUR 400 and EUR 1 200.\n II. Suitability or otherwise of the proposal\
  \ for further consideration:\nThe Law on Explosives and Pyrotechnic Articles regulates\
  \ the sale and use of pyrotechnic articles, but does not regulate the rate of tax\
  \ on the sale of these articles. The Ministry of Finance is responsible for setting\
  \ the rate of tax on the sale of individual products, and the Ministry of the Interior\
  \ is therefore not in a position to comment on the merits of the proposal in this\
  \ respect. In view of the transposition of Directive 2013/29/EU of the European\
  \ Parliament and of the Council of 12 June 2013 on the harmonisation of the laws\
  \ of the Member States relating to the making available on the market of pyrotechnic\
  \ articles (recast), the Ministry of the Interior will in the course of the coming\
  \ year amend the Explosives and Pyrotechnic Articles Act and at that time consider\
  \ the possibility of selling firecrackers or firecrackers with a fuse cord.  \n "
response date: 2013-12-13
response due date: null
sent date: 2013-10-23
title: Approval of firecrackers and tax on them!
upvotes: 16
url: https://predlagam.vladi.si/predlog/5176
