Judgment_paragraph 10 · Criminal proceedings against Van Gennip BVBA and Others (C-137/17)

10Recitals 2, 4, 10, 11, 13, 16 and 22 of Directive 2007/23 state:(2) Those laws, regulations and administrative provisions, being liable to cause barriers to trade within the Community, should be harmonised in order to guarantee the free movement of pyrotechnic articles within the internal market whilst ensuring a high level of protection of human health and safety and the protection of consumers and professional end users.…(4) Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances [(OJ 1997 L 10, p. 13)] sets out safety requirements for establishments where explosives, including pyrotechnic substances, are present.…(10) The use of pyrotechnic articles and, in particular, the use of fireworks, is subject to markedly divergent cultural customs and traditions in the respective Member States. This makes it necessary to allow Member States to take national measures to limit the use or sale of certain categories of fireworks to the general public for reasons of public security or safety.(11) It is appropriate to establish essential safety requirements for pyrotechnic articles in order to protect consumers and to prevent accidents.…(13) It should not be possible, where the essential safety requirements are satisfied, for Member States to prohibit, restrict or hinder the free movement of pyrotechnic articles. This directive should apply without prejudice to national legislation on the licensing of manufacturers, distributors and importers by the Member States.…(16) In line with the “New approach to technical harmonisation and standardisation”, pyrotechnic articles manufactured in compliance with harmonised standards should benefit from a presumption of conformity with the essential safety requirements provided for in this directive.…(22) Member States should lay down rules on penalties applicable to infringements of the provisions of national law adopted pursuant to this directive and ensure that these rules are implemented. The penalties provided for should be effective, proportionate and dissuasive.’