Fireworks policy in the Netherlands

Fireworks in the Netherlands are mostly regulated by the Vuurwerkbesluit ("Fireworks Decree"), a 1993 law that has subsequently been amended many times to make the rules surrounding the production, testing, transportation, storage, trade, sale, consumption and overall safety of fireworks stricter.[1]

A few 'ground flowers' fireworks in the Netherlands, 2013.

During most of the year, most fireworks are restricted to usage by professionals, but there is an exception for ordinary citizens without any special training or licence to ignite fireworks during New Year's Eve from 6 pm on 31 December to 2 am on 1 January. Especially since the 2000 Enschede fireworks disaster,[2] and more so since the accident-laden New Year's Eve of 2007/08,[3] public discussion on more rigorous regulation or even prohibition on (consumer) fireworks has been frequent and ongoing.[4][5]

Annual events

New Year's Eve

At New Year's Eve, ordinary Dutch citizens are allowed to light fireworks from 6 pm on 31 December to 2 am on 1 January. Fireworks need to comply to certain legal standards, and may only be sold during the last three days of the year, excluding any Sundays,[6] at a shop that has a licence.[7] Fireworks are often lit in the streets or in people's backyard.

Koningsdag

During Koningsdag ("King's Day"), several municipalities throughout the country organize fireworks shows by professionals.

Vuurwerkfestival Scheveningen

The Vuurwerkfestival Scheveningen (Scheveningen Fireworks Festival), conducted by professionals, is annually attended by around 200,000 people. In the summer of 2017, the festival experienced its 38th edition. In 2016, there were winter fireworks shows for the first time.[8]

Regulation and enforcement

Fireworks companies

The Netherlands used to host several fireworks manufacturers, but in the late 20th century, almost all production of fireworks was moved abroad. In 2000, there were 26 fireworks companies active in the Netherlands, with branches in Leeuwarden, Appingedam, Lichtenvoorde, Tilburg, The Hague, Enschede, Leiden, Lijnden, Dronten, Lelystad and Landgraaf. 14 of these imported fireworks from especially China for sale on the Dutch market, the 12 other businesses conducted professional fireworks shows. In some factories such as S.E. Fireworks (which ceased producing fireworks itself in 1985), Chinese fireworks were further assembled in the Netherlands before being sold. Since the 1991 explosion of the fireworks factory in Culemborg, almost all fireworks companies operated outside of residential areas; S.E. Fireworks, which caused the 2000 Enschede fireworks disaster, was the last company to still be located in the middle of a residential area before a planned relocation in 2002.[9]

Safety testing

In the Netherlands, the Netherlands Organisation for Applied Scientific Research (TNO) is responsible for safety testing of fireworks.[10] Since 2010, safety testing of fireworks is required in the entire European Union, but companies are allowed to test their products in one member state before importing and selling them in another.[10] A 2010 document from the Dutch Ministry of Infrastructure and Environment revealed that several fireworks importers in the Netherlands did not yet comply with the new testing regulations, but were not penalised for it because a number of companies claimed they needed more time to implement the changes, and they were granted exceptions by the Ministry.[10] Dream Fireworks owner Frits Pen, who claimed to have had his fireworks tested in Hungary for thousands of euros, sued the Ministry for failing to punish his competitors who were allowed to import and sell untested fireworks for free.[10] In 2014, the Ministry stated that, by then, 80% of the fireworks imported into the Netherlands had a CE marking and were being checked.[10]

According to a 2017 report by the Dutch Safety Board, 25% of all fireworks tested failed to meet safety standards and were banned from sale.[11]

Injury, damage and nuisance
A mailbox made hufterproof ("asshole-proof") to prevent vandals from inserting fireworks.

Fireworks in the Netherlands are known to cause various negative effects to users, bystanders and people living nearby, especially around New Year's Eve, when extra police, firefighters and paramedics are deployed to control the situation. Which measures do and do not work, and how matters may be improved without 'ruining the party', is subject to ongoing discussion. The negative effects of fireworks can be divided into:

  • Noise pollution because of unexpectedly loud explosions (especially troublesome for animals)[12]
  • Air pollution because of the smoke created by fireworks (in 2008, smog by fireworks smoke caused dozens of traffic accidents, killing two people)[13]
  • Injuries and fear of being hit by fireworks (either by accident or on purpose;[14] during New Year's Eve 2016/17, 61% of victims were bystanders, 39% were the igniters themselves[15])
  • Vandalism and accidents by (illegal) fireworks causing damage and destruction to infrastructure and property[16]
  • Disruption of public order by, amongst other things, violence against public servants (police, firefighters and paramedics) using fireworks[17][18]

National and European legislation
See also: Fireworks policy in the European Union

The original Vuurwerkbesluit was adopted in 1993, and was primarily concerned with environmental issues. In the wake of the 2000 Enschede fireworks disaster, the Dutch government approved new rules regarding consumer and professional fireworks on 22 January 2002, especially concerning the safety of fireworks storage. Since then, the Vuurwerkbesluit has been amended a number of additional times, including the 2014 limitation of the period during which fireworks may be lit during New Year's Eve from 10 am to 6 pm on 31 December.

Since the adoption of the 2007 European Pyrotechnic articles Directive, the Dutch Vuurwerkbesluit has been amended by 2010 to harmonise legislation with that of other EU member states concerning, amongst other things, the categorisation, trade and safety of fireworks, and a common approach of countering illegal fireworks. The updated 2013 Pyrotechnic articles Directive led to another amendment of the Vuurwerkbesluit.

So-called "consumer fireworks" (consumentenvuurwerk or particulier vuurwerk) in the Netherlands consists of category F1 (on sale and usable throughout the year by every person aged 12 and older without a special licence or training),[19] and category F2 and F3 (on sale the last three days of the year, Sundays excepted, which are to be lit from 6 pm on 31 December until 2 am on 1 January). Category F4 is reserved for professionals, and aside from New Year's Eve, categories F2 and F3 are also reserved for professionals. In Belgium, Germany and Denmark, the sale of all category F3 fireworks to consumers is forbidden, but in the Netherlands, some fireworks in this category may be purchased by lay people.[11]

Since 2011, the Dutch College of Attorney Generals has pushed for stricter European rules on fireworks, to prevent category F4 fireworks from being bought in other EU countries and smuggled into the Netherlands. Because of "flaws in the Pyrotechnic articles Directive", there are dangers for local security and terrorist threats.[10]

It's an intellectual faux pas to assume accidents, eye injuries, can only be caused by illegal fireworks. No. I suspect 80% of my patients are [harmed by] legal fireworks.
Tjeerd de Faber, ophthalmologist (2014)[10]

The Netherlands also have a considerable illegal fireworks problem. In 2014, about 1 million kilos of illegal fireworks entered the country annually.[10] According to inquiries by VeiligheidNL, illegal fireworks used to cause most fireworks-related injuries (almost two-thirds of all fireworks-related injuries during New Year's Eve 2012–13), but since New Year's Eve of 2013–14 more than half was caused by legal fireworks. Illegal fireworks were responsible for more serious injuries, however, and resulted in four times as many hospitalisations.[20] During New Year's Eve 2014–15, the percentage of injuries by illegal fireworks decreased to almost 40%.[21] During New Year's Eve 2015–16 and 2016–17, illegal fireworks were to blame for about 25% of fireworks-related injuries.[22]

For New Year's Eve 2020-21, the government prohibited fireworks, citing that the number of injuries would place too much stress on the healthcare system during the COVID-19 pandemic in the Netherlands.[23]

See also

References
  1. "Vuurwerkbesluit". wetten.overheid.nl (in Dutch). Dutch Government. Retrieved 26 November 2020.
  2. "Fireworks 'kleine jongen'". Trouw. 15 May 2000. Retrieved 25 December 2017.
  3. "Verbod op vuurwerk". EenVandaag. 9 December 2008. Retrieved 23 December 2017.
  4. Roelf Jan Duin (17 December 2017). "Debat over vuurwerk leidt tot milde aanpassing". Het Parool. Retrieved 21 December 2017.
  5. Max Westerman (31 December 2013). "Het is nu eenmaal traditie!". NRC Handelsblad. Retrieved 29 October 2015.
  6. "Vuurwerkbesluit, artikel 2.3.2". Dutch Government. 8 September 2015. Retrieved 23 December 2017.
  7. "Hoe zit het ook alweer met vuurwerk: wat mag wel en wat mag niet". RTV Oost. 29 December 2016. Archived from the original on 31 December 2016. Retrieved 30 December 2016.
  8. "Vuurwerkfestival Scheveningen". Archived from the original on 25 December 2016. Retrieved 28 December 2017.
  9. "Fireworks 'kleine jongen'". Trouw. 15 May 2000. Retrieved 28 December 2017.
  10. Eliza Bergman & Dirk Bayens (2 January 2014). "Wereldkampioen vuurwerk". Brandpunt Reporter (in Dutch). KRO-NCRV. Retrieved 26 December 2017.
  11. "Veiligheidsrisico's jaarwisseling" (PDF). Dutch Safety Board. 1 December 2017. Retrieved 27 December 2017.
  12. "Veel vuurwerkoverlast voor huisdieren". Landelijk InformatieCentrum Gezelschapsdieren. 15 January 2014. Retrieved 31 December 2016.
  13. "Tientallen ongevallen door mist". Het Parool. 2 January 2008. Retrieved 24 December 2017.
  14. Politie: vuurwerk gooien naar hulpverleners strenger bestraffen NOS, 23 December 2017
  15. Karin Klein Wolt & Yvonne Nicasie (3 January 2017). "Omstanders vaker slachtoffer van vuurwerk". VeiligheidNL. Archived from the original on 24 December 2017. Retrieved 23 December 2017.
  16. Bert Monster (26 January 2013). "Vuurwerkvandalisme 2012-2013". Reformatorisch Dagblad. Retrieved 30 December 2016.
  17. "Jaarwisseling was door geweld voor veel hulpverleners verre van feestelijk". RTL Nieuws. 1 January 2017. Retrieved 24 December 2017.
  18. "Geweld tegen hulpverleners tijdens jaarwisseling onacceptabel". Rijksoverheid. 15 January 2017. Retrieved 24 December 2017.
  19. "Hele jaar door legaal knallen". EditieNL. RTL Nieuws. 7 December 2017. Retrieved 24 December 2017.
  20. Rinke van den Brink & Hugo van der Parre (4 January 2014). "Meer ernstig letsel door vuurwerk". NOS. Retrieved 23 December 2017.
  21. Eva Smal (3 January 2016). "Laagste aantal vuurwerkslachtoffers in 25 jaar". NRC Handelsblad. Retrieved 23 December 2017.
  22. Hugo van der Parre & Rinke van den Brink (3 January 2017). "Daling aantal vuurwerkslachtoffers stagneert". NOS. Retrieved 23 December 2017.
  23. "Welk vuurwerk is tijdens jaarwisseling 2020-2021 verboden?". rijksoverheid.nl (in Dutch). Dutch Government. Retrieved 26 November 2020.
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