The Prime Minister issued a decree to prohibit the use of “pyrotechnic devices” until July 15. Naturally, this prohibition does not apply to municipalities.
The riots that shook the country in the week of June 26 were marked by extremely frequent – and violent – use of pyrotechnic devices, in particular what specialists call “Roman candles” , which until now could be easily found on the internet. This is a device consisting of a cardboard tube (mortar) loaded with several projectiles (up to several dozen), expelled from the tube at regular intervals. This device can be held in the hand and directed horizontally, it has become a widely used weapon, especially in fights between gangs in the suburbs. These Roman candles were used, during recent urban violence, against the police or against buildings, sometimes resulting in fires.
The popularity of these devices is due to their ease of purchase and their low price: a 10-shot candle costs less than 6 euros, a 70-shot candle less than 25 euros.
Several sellers, in view of the situation, have also suspended the sale of these machines. One can read for example, this morning, on the site “Firecrackers and fireworks” the following statement: “Some people use candles in irresponsible and dangerous ways, including using them against law enforcement during recent news events. These actions are against the spirit in which we sell our products, and we cannot support any use that compromises the safety of individuals or the community. With this in mind, we have made the difficult decision to temporarily suspend the sale of our Roman candles. »
Still, not all sellers have made such a decision, and it is still quite easy to find these devices (or even more powerful ones) on sites hosted abroad.
Limit the risks
It was in an attempt to limit the risks that the Prime Minister signed a decree, published in Official Sunday newspaperportant “prohibition of the sale, wearing and transport of pyrotechnic devices and fireworks” . This decree, which entered into force on Sunday July 9, “in order to prevent the risk of serious disturbance to public order during the July 14 festivities” prohibited until July 15 inclusive not only to sell, but also to transport pyrotechnic devices, “over the whole national territory” .
First essential clarification: these prohibitions are not applicable, specifies article 2 of the decree, when “acquisition, carrying, transportation and use” of these machines is “the fact of professionals having the approvals and authorizations”, or of ” public collectivities “. The municipalities which have planned to shoot fireworks on July 13 or 14 are therefore not affected by this decree.
Fireworks cancellations
But in a number of departments, the municipalities have already decided to cancel the traditional fireworks display, due to the risk of renewed urban violence. This is the case for example in Strasbourg, Montargis, Savigny-sur-Orge or Jouy-le-Moutier – all municipalities where the mayors have taken this decision to avoid risks and give some respite to the forces of order.
In other municipalities, the risks linked to the drought have pushed the mayors – sometimes at the request of the prefecture – to cancel the traditional fireworks display. In Seine-et-Marne, a prefectural decree of May 12, 2023 It is forbidden to light a fire inside the “sensitive spaces” (in particular woods and forests) and up to 200 m from them. The decree specifies in black and white that this prohibition “applies to all fires, including fireworks” . Result, a dozen municipalities, including Chelles, Villeparisis or Torcy have given up their fireworks, without necessarily giving up organizing festivities.
In other cases, the organization of fireworks is subject to prefectural authorization. « 48 h ago » . This is what is happening in particular in the Pyrénées-Orientales, very affected by drought. The city of Perpignan has already announced that it is giving up – but the fireworks will be replaced by a « spectacle de lasers » .
Application difficulties
Regarding the ban on the transport of fireworks, enacted by decree, the jurist Géraldine Bovi-Hosy estimates, in the Gazette des communes, that it can cause the fines provided for by article R644-5 of the Penal Code. This article provides for a 4th class fine for “the violation of the obligations enacted by decree (…) regulating the use of fireworks” . But, underlines the jurist, this article “does not fall within the list of offenses under the jurisdiction of municipal police officers” . And the lawyer concludes that we “can only advise the municipal police services to get in touch with the judicial police officers, the prefectural authorities and the public prosecutor’s offices in order to see how to proceed on the ground in the event of the finding of such offenses”.
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2023-07-12 22:15:22
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