The row has blown up after Germany imposed extra "administrative requirements" on the sale of fireworks, even if they have already been tested and obtained the pan-European agreed CE marking in another EU Member State.
However, Germany's intention appears to be an attempt at, not only protecting its fireworks industry, but its car manufacturers and theatres.
BAM! Germany Given a Rocket
Germany is being taken to the EU Court of Justice over its insistence that the notification of CE marked pyrotechnic articles, together with their user instructions, is made to the Federal Institute for Material Research and Testing (BAM) before the articles can be sold in Germany.
#EU Commission: Commission takes #Germany to Court to remove trade barriers for pyrotechnic goods — http://t.co/wYPiX1AYt1
— Dio Perix (@DioPerix) February 26, 2015
Sellers must pay a 'notification fee', and may also be required to amend the user instructions. The European Commission believes that by imposing these additional obligations on "pyrotechnic articles lawfully manufactured and certified by an approved body in another Member State", Germany is not complying with the Pyrotechnic Articles Directive.
The Commission believes that the restrictions do not comply with the EU's Directive on Pyrotechnic Articles and create a barrier to trade in the internal market. Although the BAM rules were relaxed, the Commission still believes Germany is not playing fair.
Car Crash of EU Rules
A spokesman for the British Fireworks Association told Sputnik the directive is still being implemented across Europe, but it was not yet standardised:
"Is it a level playing field? No it's not."
He said the German attitude to the directive had further ignited other sectors because the directive also applies to "Pyrotechnic articles mainly used in automotive restraint systems (airbags and seatbelt tensioners)" which affects German motor manufacturers.
The German motor industry is one of the largest employers in the country, comprising giants such as Volkswagen (and subsidiaries Audi and Porsche), BMW, Daimler, Adam Opel and Ford-Werke. Germany is the fourth biggest car producer in the world, after China, the United States and Japan.
In a further dramatic twist, the directive also applies to theatres and major outdoor event facilities, as many European countries have companies that provide 'whizzes' and 'bangs' for stage performances and major rock concerts that require huge pyrotechnics.
The Commission's legal action has lit the touch paper on a burning issue that could skyrocket, unless Germany cools down.
