The Council of State believes that the cabinet should be stricter with the rules for the fireworks ban that should come into effect around the turn of the year. This is stated in a critical opinion. According to the Council, the current exceptions do not fit well with the purpose of the law: a safer New Year’s Eve.
Under the government’s plan, associations and foundations will soon be able to apply for an exemption to light fireworks. This is allowed in every municipality, even if they have no connection with it. The Council of State finds this too broad. It can happen that large organizations apply for permits everywhere in the country and set off fireworks in many places.
The Council of State not only believes that the rules should be stricter when applying for such an exemption. The rules themselves also need to be laid down more clearly.
In the current plan, mayors are allowed to decide a lot themselves. For example, how far the public should stand from a fireworks location. As a result, the rules may differ per municipality. The Council finds this inconvenient and says: make national agreements about this, so that it is the same everywhere.
The Council also questions enforcement. Municipalities indicate that there are often few boas on the streets during New Year’s Eve, because that work is seen as unsafe. It is precisely these boas that must check whether the rules are being followed. The Council wonders whether this can be properly and safely implemented in practice.
The Ministry of Infrastructure and Water Management says it is reviewing the advice. A spokesperson told ANP that the cabinet is still deciding what to do with the criticism. Only when the final decision is made will it become clear whether the rules will be adjusted. That is scheduled for July 1.
The fireworks ban should come into effect on August 1. That does depend on a number of conditions, such as an arrangement for money for the fireworks industry. There is also discussion about that money.
Opposition parties are critical of the way it is arranged. There is talk of around 100 million euros. According to GroenLinks-PvdA, part of this would be at the expense of money for sustainability at ProRail. Other parties, such as BBB and PVV, think the amount is too low.
The discussion about the fireworks ban has been going on for some time. It previously became clear that people can organize themselves to light fireworks if they receive a permit from the municipality. This can be done, for example, through an association or foundation.
If approved, up to 200 kilos of F2 fireworks may be set off, such as decorative fireworks. At first it was 25 kilos per person.
According to the cabinet, this is intended to leave some room for fireworks during the New Year, while safety is better regulated. Municipalities and organizations must now prepare for how this should work in practice.
With the new advice from the Council of State, there is extra pressure on the cabinet to take a closer look at the rules before the ban is definitively introduced.
