The legal framework of the pyrotechnic sector in Malta

Abstract

This research project analyses how the pyrotechnic sector is regulated. It illustrates the reasoning behind Malta's exemption from the European Parliament and Council Directive 2007/23/EC of 23 May 2007 on the placing on the market of pyrotechnic articles. In this regard, the cultural and religious traditions that the pyrotechnic sector has formulated in Malta throughout the years, and the voluntary workings of this skill are illustrated. Although such exemption was important so the pyrotechnics would not disappear from this Island, the importance to regulate this dangerous practice is not set aside. In fact, this research project gives an overview of the provisions regulating this art, skill and culture in Explosives Ordinance, Chapter 33 of the Laws of Malta and its subsidiary legislation. From this overview one could begin to notice the lacuna in these legislations. The overview continues with the Fireworks Factory Complexes Policy, observing the aim and effects of this policy. The judicial side of pyrotechnics is then examined. The need to strike a fair balance between the individuals' rights to have their private life respected, and the conflicting interests of others and the community as a whole is illustrated. Moreover, the need to regulate the ground fireworks could be seen. The court emphasizes the responsibilities of the licences holders. The recommendations in the report of the Inquiry Commission on fireworks factory accidents are studied. It could be seen that a lot of work is still to be carried out. This research project indicates suggestions for legislative amendments. The need to take a pro-active approach in carrying out these amendments is made clear. Besides the need to have a comprehensive legislation on this sector, the means to enforce such legislation should be provided.