Response by Stichting HVLV regarding notification 2025/0307/NL – Amendment to the Dutch Fireworks Decree
Dear Sir/Madam,
On behalf of Stichting HVLV (The Fireworks Enthusiasts Association of the Netherlands), we hereby formally object to the proposed amendment of the Dutch Vuurwerkbesluit (Fireworks Decree), as notified under number 2025/0307/NL pursuant to Directive (EU) 2015/1535.
Incompatibility with Directive 2013/29/EU (Pyrotechnic Directive)
The proposed national restrictions deviate from the fully harmonised European legislation governing pyrotechnic articles, namely Directive 2013/29/EU. Fireworks that comply with this directive and bear the CE marking must be freely traded and used within the EU internal market.
Article 4 of the directive clearly states that Member States may not obstruct the placing on the market of fireworks that conform to this harmonised standard. The proposed national measures in this notification constitute a direct breach of that obligation.
Unjustified Barrier to Trade
The amendments create a de facto trade barrier by banning CE-compliant fireworks that are legally traded throughout the European Union. This constitutes an unjustified restriction on the free movement of goods and undermines the functioning of the internal market without sufficient legal basis.
No Compensation for Legal Market Operators
Importers, distributors, and retailers who have legally placed fireworks on the market in accordance with both EU and Dutch regulations are now suddenly confronted with a ban, without any compensation for existing stock or previous investments. This is not only economically harmful but also violates the principle of legal certainty.
Consumers Become Criminalised Without a Transition Plan
The amendment will also criminalise ordinary consumers who have legally purchased and stored fireworks that are now being banned—without any transitional period, exemption, or surrender scheme. This creates legal inequality and undermines public trust in government policy.
Disproportionate and Ineffective
Similar previous restrictions in the Netherlands have not improved safety outcomes, but have instead led to an increase in illegal fireworks trade, unsafe use, and enforcement challenges. These new measures are therefore disproportionate and counterproductive in practice.
Whilst the market is harmonized, with the proposed technical limitations consumers buying fireworks in neighboring countries like Germany or Belgium risk unknowingly importing prohibited fireworks as there is no way of telling wether the banned effects might be contained within the purchased articles.
Conclusion
The proposed amendment to the Dutch Fireworks Decree under notification 2025/0307/NL is:
- In violation of the harmonised EU Pyrotechnic Directive (2013/29/EU);
- An unjustified restriction on the internal market;
- Harmful to legitimate economic operators without compensation;
- Criminalising consumers without offering a legal remedy;
- Disproportionate and ineffective in practice.
We therefore strongly urge that this proposed regulation not be approved in its current form.
Yours faithfully,
Stichting HVLV – Dutch Fireworks Enthusiasts Association
