In the last two years, despite the difficulties related to the spread of Covid-19, there has been no lack of desire to greet the upcoming new year with the traditional New Year's fires.
The classic legal pyrotechnic games regularly sold in commercial establishments are unfortunately accompanied by illegal "barrels" which, in addition to not having the regular certifications, are dangerous for the safety of those who use them or those close to the explosion area .
To guide us and make a safe purchase on the website www.poliziadistato.it some tips.
The first point of reference is the CE mark. The affixing of the seal guarantees that the product has passed the examination of conformity to the essential safety requirements and that it conforms to the approved model.
In addition to the "CE marking", one of the categories provided for by the legislation must be affixed to fireworks ("F1", "F2", "F3", "F4"). These are indications that certify the level of potential risk and the noise level of the products; on the basis of these it can be determined who can buy and use the fireworks. (To learn more about the legislation relating to fireworks, you can consult the page dedicated to this topic).
It is important to remember that even authorized and free sale pyrotechnic games must always be used with the utmost caution, following the attached instructions and in compliance with any ordinances of the mayors, which in many Italian cities limit or prohibit the use of fireworks. .
Attention then to the use by minors of any type of game: it must always be carried out under the supervision of an adult: this is the only way to ensure a safe New Year.
1 - Regulatory framework
With the legislative decree 29 July 2015 n. 123 Italy has implemented the EU Directive 2013/29 / EU which introduced a classification system for pyrotechnic articles. The art. 3 of the aforementioned Legislative Decree essentially identifies three macro areas, each of which is subdivided into several categories:
- the macro area of the "Fireworks", which is made up of four categories marked with the abbreviations "F1", "F 2", "F3", "F4";
- “Theatrical” pyrotechnic articles, which are divided into “T1” and “T2”;
- the "other Pyrotechnic items" identified by the abbreviations "P1" and "P2".
2 - What products can be found on the market - The CE mark
The application of art. 34, paragraph 4, of the aforementioned d. lgs. 123/2015 made the validity of the provisions for the recognition and classification of pyrotechnic products issued by the Ministry of the Interior expire, as of 4 July 2017, pursuant to art. 53 of the TULPS
Therefore, from 5 July 2017, all "fireworks" intended for consumers must be compulsorily equipped with the CE marking.
The affixing of this mark guarantees that the product has passed the examination of conformity to the essential safety requirements and that it conforms to the approved model.
3 - Who can buy and use the fireworks
In addition to the "CE marking", one of the aforementioned categories required by current legislation ("F1", "F2", "F3" and also "F4") must be affixed to the fireworks. These are indications that certify the level of potential risk and the noise level of the products; on the basis of these it can be determined who can buy and use the fireworks.
The "F1" category includes "fireworks" which present an extremely low potential risk and negligible noise level and which are intended for use in confined spaces. Fireworks intended for use inside residential buildings are included in this category. The sale of these products to minors under the age of 14 is prohibited (this limitation on the sale must also be indicated on the product label).
Category “F2” includes “fireworks” which present a low potential risk and low noise level and which are intended for use outside buildings. The sale is allowed only to those over 18 who show a valid identity document (this limitation on the sale must also be indicated on the product label).
The “F3” category includes “fireworks” which present a medium potential risk and which are intended for use outside buildings in large open spaces and whose noise level is not harmful to human health. The sale is allowed to those over the age of 18 holders of firearms license or authorization to purchase issued pursuant to art. 55 TULPS by the Questore (this limitation on sale must also be indicated on the product label).
The category "F4" deserves a separate mention, which includes "fireworks" which present a high potential risk and which are intended to be used only by people with specialist knowledge. Reserved for cd only. "Enabled pyrotechnicians", that is to those who are holders of a specific qualification certified by the Prefect, after examination carried out before a Technical Commission specifically set up for the purpose, these particular products are highly dangerous and their sale is absolutely forbidden to the general public ( this limitation to sale must also be indicated on the product label).
4 - Where you can buy fireworks
a) Small-scale retail establishments with PS license pursuant to art. 47 TULPS
At small retail stores, with PS license pursuant to art. 47 TULPS, the consumer can purchase fireworks belonging to the categories "F1", "F2" and "F3".
The seller is required to check the qualifications and documents necessary for the purchase and, with reference only to products classified as "F3", is required to note the details in the loading and unloading register pursuant to art. 55 TULPS
In the retail shops, the general public can also purchase other types of items bearing the CE mark, provided they are NOT professional, and therefore belonging to the “P1” and “T1” categories.
b) Retail outlets without PS license and in public areas (so-called street vendors)
In commercial establishments not in possession of the PS license pursuant to art. 47 TULPS (such as, for example, tobacconists, stationeries, supermarkets, etc.) and at street vendors, the sale of amusement devices, in their minimum sales packages, of the following CE marked pyrotechnic articles is allowed:
1) pyrotechnic articles of category F1;
2) pyrotechnic articles of category P1 of the only type of gaming products;
3) pyrotechnic articles of category F2, with the exception of the products listed below:
3.1) artifices with bursting effect with active mass (NEC) greater than 150 mg:
- firecrackers
- flash firecrackers
- double firecracker
- leaping firecracker
- their batteries and combinations;
3.2) artifices such as:
- snort
- mini rocket
- rocket
- Roman candle
- launch tubes (single jet tubes)
- their batteries and combinations;
4) pyrotechnic articles belonging to category T1, of the type and within the limits of active mass (NEC) indicated below, provided that they are not equipped with an electric ignition system:
4.1) Bengal flame: with NEC not exceeding 250 g;
4.2) torch flares: with NEC not exceeding 250 g;
4.3) stick flare;
4.4) carretilla: with bursting and / or whistling and / or crackling effect charge <150 mg;
4.5) combination: batteries or sets containing only fountains with NEC not exceeding 600 g;
4.6) desensitized pyrotechnic substance: if present bursting and / or whistling and / or crackling effect charge <mg 150; if present filler only visual effect NEC up to g 250;
4.7) fountains: with NEC not exceeding 250 g;
4.8) confetti throwing devices;
4.9) smoke device: with NEC not exceeding 250 g.
5 - Obligations of the final consumer
There are obligations to which those who buy fireworks must comply.
Before addressing them in detail, it should be noted that the European legislation related to the aforementioned CE mark is applied on our national territory only for the sale and transport of pyrotechnic material, but not also for the methods of custody, storage and deposit.
This implies that those who purchase CE marked fireworks from authorized resellers (whether they have a PS license or not) must pay particular attention to avoid violating the quantities of explosive materials that can be held in private homes.
In this regard, the rule to which reference must be made is art. 38 of the TULPS and art. 97 of the RD May 6, 1940, n. 635 - Implementation regulation of the TULPS
Specifically, art. 38 of the TULPS provides the general rule that anyone holding explosive material (and therefore also fireworks) must report it, within the following 72 hours, to the local public security office or, when this is missing, to the local command of the 'Weapon of the Carabinieri.
The first paragraph of art. 97 of the TULPS Regulation, however, establishes an exception to this rule by establishing that:
"Omitted ... They can be purchased, transported and used without a license, as well as detained without the obligation of the complaint referred to in article 38 of the royal decree June 18, 1931, n. 773, the explosive products of category 5), group D), up to 5 kg net and of category 5), group E), in unlimited quantities ".
But how to determine which CE marked fireworks, belonging to the aforementioned European abbreviations "F1" "F2" "F3" "P1" "T1", for which the sale is allowed, fall into the just mentioned "... explosive products of category 5 ), group D)…. and category 5), group E) ".
To this end, the so-called "equalization table", referred to in Annex 1 to the Decree of the Minister of the Interior 9 August 2011 - as amended by subsequent Ministerial Decree of 3 April 2012 and 4 June 2014, comes to the rescue, which, comparing the pyrotechnic products bearing the CE mark to the corresponding Italian categories provided for by art. 82 Reg. TULPS, facilitates the identification of the correct deposit methods on the basis of Italian law.
In reality, this operation is not easy and immediate to use for those who do not have specific expertise on the subject and, therefore, to understand whether or not the newly purchased devices can fall into the fifth national category of groups "D" and "E", which benefit from the exemptions indicated above, it is always suggested to ask the retailer for detailed and preventive information.
By way of example, however, keep in mind that, net of any administrative and / or criminal offenses on the part of retailers, if you limit yourself to purchasing a quantity of less than 5 kg of CE marked devices from supermarkets, stationery shops and tobacconists (see above 4 letter b), there is no obligation to carry out any formalities with the Public Security Authority, as all the items sold in these shops, as well as by street vendors, always fall into the fifth national category group D or group E.
In conclusion, it is recommended not to purchase products which, despite having the CE marking, are missing labels bearing the initials of the European categories, or have incomplete or tampered labels, and to report the presence of such products to the Police Forces.
Finally, the end user is obliged to use the fireworks according to the methods of use shown on the minimum sales package and remember that the lighting of the fires to be used outdoors, if not configured the realization of a show to be authorized pursuant to art. 57 of the TULPS, cannot take place "... in an inhabited place or in its vicinity or along a public road or in the direction of it" according to the provisions of the same article
For further information on the profiles concerning the restrictions on the sale of pyrotechnic articles, please refer to circular 557 / PAS / U / 006695 / XV.H.MASS (77) BIS of 10 May 2019.