14.6.2007 Official Journal of the European Union L 154/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) DIRECTIVES DIRECTIVE 2007/23/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 May 2007 on the placing on the market of pyrotechnic articles (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee (%), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3, Whereas: 1 The laws, regulations and administrative provisions in force in the Member States with regard to the placing on the market of pyrotechnic articles are divergent, in particular as regards aspects such as safety and performance character- istics. Those laws, regulations and administrative provisions, being liable to cause barriers to trade within the Community, should be harmonised in order to guarantee the free movement of pyrotechnic articles within the internal market whilst ensuring a high level of protection of human health and safety and the protection of consumers and professional end users. Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses (°) 0J C 195, 18.8.2006, p. 7. Opinion of the European Parliament of 30 November 2006 (not yet published in the Official Journal) and Council Decision of 16 April 2007. OJL121,15.5.1993, p. 20. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (O] L 284, 31.10.2003, p. 1). excludes pyrotechnic articles from its scope and states that pyrotechnic articles require appropriate measures to ensure the protection of consumers and the safety of the public and that an additional directive is planned in this field. Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (*) sets out safety requirements for establish- ments where explosives, including pyrotechnic substances, are present. Pyrotechnic articles should include fireworks, theatrical pyrotechnic articles and pyrotechnic articles for technical purposes, such as gas generators used in airbags or in seatbelt pretensioners. This Directive should not apply to pyrotechnic articles to which Council Directive 96/98/EC of 20 December 1996 on marine equipment (°) and the relevant international conventions mentioned therein apply. In order to ensure appropriately high levels of protection, pyrotechnic articles should be categorised primarily according to their level of hazard as regards their type of use, purpose or noise level. According to the principles set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards (°), a pyrotechnic article should comply with this Directive when the article is placed on the Community market for the first time. In view OJ L 10, 14.1.1997, p. 13. Directive as last amended by Directive 2003/105/EC of the European Parliament and of the Council (O] L 345, 31.12.2003, p. 97). OJ L 46, 17.2.1997, p. 25. Directive as last amended by Directive 2002/84/EC of the European Parliament and of the Council (O] L 324, 29.11.2002, p. 53). 0OJ C 136, 4.6.1985, p. 1.