– The draft changes to the law have been met with sharp criticism from experts and lawyers. They point to many legal flaws and the disastrous consequences of the bans. Regardless of the specific provisions, transferring the powers to local government units to issue bans on the use of pyrotechnic materials, or a direct ban on the use of pyrotechnic materials of specific classes, will lead to the complete collapse of the pyrotechnic industry in Poland. – informs Marta Smolińska, president of the Association of Importers and Distributors of Pyrotechnics.
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KO MPs want a ban on the use of fireworks by individuals
– Legislative uncertainty has a profoundly destabilizing effect on the industry. Pyrotechnic companies plan their production and logistics processes well in advance, the industry itself operates in a long investment cycle, and products are contracted for several years in advance. This approach causes a number of complications and paralyzes the possibility of making investment decisions. Especially since some entrepreneurs invest their capital in further development, including modern warehouses, employee training, new technologies, or logistics. Small, family-owned businesses, which constitute the backbone of this industry, do not have the resources to survive a long period of uncertainty – argues Marta Smolińska, president of the Association of Pyrotechnic Importers and Distributors.
Ban on the use of pyrotechnic materials at the discretion of the municipalities
Industry representatives indicate that the project will create the possibility of mass bans by municipalities on the use of pyrotechnic materials legal under Polish and European law. – The drafters have proposed a 14-day vacatio legis period. For the pyrotechnic industry, which has already contracted products for the 2024/2025 season, this means a vision of sudden bankruptcy. The project also violates the constitutional principle of proportionality, applying excessively far-reaching restrictions on conducting business activities. The bans introduced on its basis will prevent, for example, the free management of property rights – adds Marta Smolińska.
– The adoption of the bills will expose the State Treasury to the necessity of paying future compensations, as a result of proceedings before Polish and European courts at the initiative of entrepreneurs, who will have the right to pursue their rights as a result of bad regulations. In addition, the introduction of bans will create a so-called "grey zone" in Poland. The place of safe, certified products will be taken by materials of unknown origin, poor quality and not meeting appropriate safety standards, dangerous to users and the environment – indicates Marta Smolińska, president of the Association of Importers and Distributors of Pyrotechnics.
The pyrotechnics industry employs 30,000 people
The Polish pyrotechnic industry is made up of over 25 thousand entrepreneurs. Importers, exporters, wholesalers, retailers and companies organizing pyrotechnic shows. They generate turnover of 700 million PLN and employ 30 thousand people, of which over 10 thousand are qualified employees after specialist pyrotechnic training.
Poland is the 5th largest exporter and 4th largest importer of pyrotechnic products in the world. Products are sold mainly to European countries: France (21.3%), Romania (14.4%), Italy (12.7%) and Germany (11%). The average share of export in sales for most entities is 15-20%, but there are also entities that sell 90% of their production for export. From export revenues, the pyrotechnic industry pays about PLN 280 million in taxes to the State Treasury.
How much do we spend on fireworks?
During the New Year's Eve period of 2019/2020, households spent an average of PLN 131 on buying fireworks. Since then, the value of purchases has been growing. In 2023, the pyrotechnics industry sold over 30 million products and had 6 million 850 thousand users buying one or more products.
According to the Ariadna Nationwide Panel survey, 51% of Poles do not support a total ban on fireworks and firecrackers, while 10% have no opinion on the matter. Among the surveyed pet owners, 50% oppose a total ban on pyrotechnics.