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Pyrotechnics association threatens Government with compensation claim

The National Pyrotechnics and Explosives Association (ANEPE) has expressed “firm and unequivocal opposition” to a recent decision, deeming it “manifestly restrictive, disproportionate, technically unfounded, and legally unsustainable.” ANEPE lamented the lack of institutional dialogue and the absence of “prior consultation” before the decision to restrict pyrotechnics usage, which it argues has had significant negative impacts on the sector.

The association has urgently requested information on “what supports, compensations, or mitigation measures the government intends to implement.” ANEPE warned that without efforts from the relevant ministry to engage in dialogue, provide technical clarification, or find viable solutions, it reserves the right to seek appropriate compensation for both material and non-material damages suffered by represented businesses under the state’s non-contractual civil liability.

ANEPE has reiterated its “urgent request for a meeting” with the minister, hoping for “a prompt institutional response consistent with principles of legality, proportionality, and the duty to hear stakeholders.”

According to Jornal de Notícias, another sector representative, the Portuguese Association of Pyrotechnics and Explosives Industries (APIPE), estimated that its members suffered a loss of two million euros during the five-day alert period in the country.

The association argues that the text of the order declaring the alert status from Sunday to Thursday due to high fire risk merely replicates previous orders, illustrating “a serious misalignment between administrative decisions and the applicable legal framework.”

ANEPE highlights that the legal regime governing pyrotechnics already includes “strict requirements” regarding “minimum distances from forest areas and the mandatory presence of fire prevention and combat resources.” It adds that collaborative work with the University of Coimbra clearly demonstrates “the lack of direct correlation between duly licensed pyrotechnic displays and the occurrence of forest fires.”

Mainland Portugal has been under alert from Sunday to Thursday due to the high risk of wildfires, as announced by the Minister of Internal Administration on Saturday.

Until Thursday, access, circulation, and permanence within forest areas are prohibited under the municipal forest fire defense plans, along with the prohibition of burnings and fires, with previously issued permits for these activities suspended.

The alert also prohibits work in forest and rural areas involving machinery and the use of fireworks and other pyrotechnic devices. Existing permits are suspended during this period.

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