Government Implements Ban on Pyrotechnic Devices and Fireworks to Combat Urban Riots: Court Case Brings Clarity

Tired of pyrotechnics being used as a weapon by destination during urban riots, the Government drew, in return, Decree No. 2023-576 of July 8, 2023 on “prohibiting the sale, wearing and transport of pyrotechnic devices and fireworks » until July 15 (in addition to the legislative prohibitions in this area).

NB: the most dangerous products (F4, T2 and P2), such as “fireworks mortars”, are not affected by this ban for individuals because they are already reserved for professional fireworks specialists only.

Professionals in the fireworks sector have asked the interim judge of the Council of State to light, or at least suspend, this text.

The judge in chambers operates, on this occasion, a sorting between the wheat of small amusements and the chaff of potentially explosive weapons. He lets the little firecrackers pass, which he refuses to smoke. On the other hand, it explodes the big ones, of which it does not suspend the ban.

Concretely, therefore:

the interim relief judge has maintained the ban on pyrotechnic articles identified as being able to be diverted against the police since 2021 in the regulations. This prohibition concerns in particular the rockets and the Roman candles massively used during the recent riots (it is about a certain number of pyrotechnic articles of categories F2 and F3). in the absence of a proven risk to public safety, the interim relief judge suspends the ban for other items, in particular those sold in so-called “pranks and tricks” stores such as snaps and cake fountains . It therefore suspends this general and absolute ban for pyrotechnic articles of categories F1, T1 and P1 and for those of categories F2 and F3 not appearing in the decree of December 17, 2021.

In total :

“The execution of Article 1 of Decree No. 2023-576 of July 8, 2023 prohibiting the sale, wearing and transport of pyrotechnic devices and fireworks is suspended insofar as it relates to pyrotechnic articles falling under categories F1, T1 and P1, as well as on fireworks of categories F2 and F3 not appearing on the list fixed by the decree of December 17, 2021.

Source :

CE, ord., 13 July 2023, n°475817

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