Strict fireworks rules apply at the turn of the year: illegal firecrackers, incorrect times or lighting in prohibited zones can result in fines of up to 10,000 euros or even imprisonment. An overview of the most important pitfalls and risks.
Buy legally instead of “Poland firecrackers”: What is actually allowed
The turn of the year traditionally brings with it an increased demand for fireworks – and at the same time a lot of uncertainty about which products are actually legal. A look at the applicable rules shows: The legislator clearly distinguishes between small fireworks in category F1 and classic New Year’s Eve fireworks in category F2. According to police crime prevention, F1 items can be used by ages 12 and up, while F2 fireworks are reserved exclusively for adults.
Requirements also apply when purchasing. As the German Press Agency (dpa) explains with reference to the Federal Institute for Materials Research and Testing (BAM), category F2 fireworks items may only be sold and handed over to consumers on a few days a year – online shops must adhere to the same rules and are only allowed to deliver orders at the end of the year.
It is particularly important to distinguish between tested and untested fireworks. Approved products have a CE mark and a registration number with a testing center. Missing labels are a warning signal – also because illegal imports are often processed improperly. The Federal Police points out in an article that such fireworks can sometimes be laced with industrial explosives and pose a significant risk.
In addition to this dangerous situation, there are also legal consequences. The Federal Police make it clear that the import and use of illegal firecrackers can be prosecuted as a violation of explosives or customs law. Depending on the severity of the case, the spectrum ranges from fines to imprisonment.
When and where you can shoot – and when it gets expensive
When setting off fireworks, there are clear legal requirements that limit their use to a limited period of time. The legal basis can be found in Section 23 of the First Ordinance on the Explosives Act, which stipulates that category F2 fireworks may only be burned off on December 31st and January 1st without special permission. Outside this time window, an explosives permit or a certificate of competency is required – as is prior notification of the project to the responsible authority.
In addition to these nationwide requirements, municipalities can issue their own rules. Many municipalities further limit the permitted times or set up no-fire zones, often in densely built-up old town areas or inner cities. Section 23 Paragraph 1 also prohibits the setting off of fireworks in the immediate vicinity of particularly vulnerable facilities such as churches, hospitals, children’s and old people’s homes as well as buildings that are highly sensitive to fire.
Anyone who violates these regulations must expect significant sanctions, depending on the federal state. Bußgeldkatalog.org shows that unauthorized lighting of fireworks is sometimes punished with fines of up to five figures. Some countries specifically stagger the amount of fines – for example for failure to report or burning outside the legal periods.
Illegal firecrackers, home-made firecrackers and gross negligence: there is a risk of imprisonment here
The greatest risks arise where unauthorized fireworks come into play. The federal police warn that the possession, import, distribution or burning of non-compliant fireworks – often known as “Poland firecrackers” – is a criminal offense. In addition to fines, prison sentences are also possible, as well as the costs of disposing of confiscated items. Cases in which people or important property are endangered are particularly serious. According to police crime prevention, such acts can lead to prison sentences.
Homemade explosive devices are also considered high risk and punishable by law. Even the production – for example following online instructions – can be punished as a violation of weapons or explosives regulations with prison sentences ranging from several months to several years, as the police crime prevention department emphasizes.
A case confirmed by the Federal Court of Justice shows how seriously the courts classify such cases: A man who detonated illegal ball bombs without a suitable launching device and injured several people in the process was convicted of intentionally exploding explosives in conjunction with negligent bodily harm and confirmed the prison sentence imposed on the basis of § 308 and § 229 StGB (BGH, decision 5 StR 406/24).
The federal police get to the point: Illegal or manipulated fireworks regularly cause serious injuries – and almost always lead to criminal prosecution.
Transport, storage & safe use: rules that prevent penalties and accidents
To ensure the safe handling of fireworks, there are clear guidelines that apply to both transport and storage. According to dpa, which refers to official information, private individuals are allowed to transport a maximum of a limited amount of net explosive mass per vehicle; The corresponding NEM information can be found on the packaging. There are also fixed upper limits for storage at home: small quantities in occupied rooms, higher quantities in uninhabited areas or separate garages.
Proper storage is also important. Fireworks should be stored in a cool, dry place and out of the reach of children. Open fires, smoking or flammable substances have no place at the storage location in order to avoid uncontrolled ignitions.
When it comes to the application itself, safety distances are crucial: items in the F1 category usually require at least a meter of distance, while F2 fireworks require significantly greater distances. Only undamaged products should be used; Unexploded ordnance may not be re-lit, but may only be disposed of after a waiting period.
Anyone who violates transport, storage or handling requirements will face fines or even criminal penalties, depending on the severity of the violation.
Editorial team finanzen.net