Commission Implementing Decision (EU) 2023/1096

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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles^note, and in particular Article 43(b) thereof,Whereas:

(1)Pursuant to Article 43(b) of Directive 2013/29/EU, the Commission is to determine the practical arrangements for the regular collection and updating of data on accidents related to pyrotechnic articles, so as to enable, as far as possible, an overview of the accident situation in the Union, based on common reporting principles. The regular and reliable collecting, updating and exchanging of such data is therefore an important tool to define a clear picture on the degree of effective implementation of the Directive as regards the lawful and safe use of pyrotechnic articles and thus to evaluate on whether additional harmonization measures would be required.

(2)All Member States have already agreed that it is, in principle, useful and feasible to collect the data on accidents related to the use of pyrotechnic articles. However, the collection of data relating to pyrotechnic articles of categories other than F1 to F4 would create an unjustified administrative burden. In addition, pyrotechnic articles of category P1 for vehicles, including airbag and seat belt pre-tensioner systems, do not generally present a risk of misuse or accident as they are part of safety devices in vehicles. Considering that Member States have already regularly reported data on accidents related to the use of fireworks to the Commission on a voluntary basis, the existing voluntary system should be used as basis when determining the practical arrangements for the regular collection and updating by all Member States of data on accidents related to the use of fireworks.

(3)In order to ensure relevance and comparability of the data, the minimum mandatory data should include information on the overall number of accidents with injuries or the overall number of injuries related to the use of pyrotechnic articles as well as the number of injuries resulting from the accidents by age group and the type of injury. In order to better understand the causality and, subsequently, inform national or Union policy decisions, additional data should be provided if available. In order to reduce administrative burden for Member States, where collecting the minimum required data is not possible, reporting of extrapolated data gathered from representative samples should be allowed.

(4)The measures provided for in this Decision are in accordance with the opinion of the Committee on Pyrotechnic Articles,

HAS ADOPTED THIS DECISION:

Commission Implementing Decision (EU) 2023/1096

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