THE HAGUE – The nationwide fireworks ban taking effect from the 2026–2027 New Year in the European Netherlands will have no consequences for Bonaire, Sint Eustatius and Saba. This follows from the explanatory notes to the Safe New Year’s Eve Decree, published alongside the Council of State’s advisory opinion in the Government Gazette (Staatscourant).
The new Safe New Year’s Eve Act amends the Environmental Management Act and prohibits private individuals in the European Netherlands from setting off consumer fireworks. Municipalities may, under certain conditions, still grant exemptions to associations or foundations wishing to organise a managed fireworks event.
This does not apply to the Caribbean Netherlands. The explanatory notes state that the Environmental Management Act and the Fireworks Decree based upon it do not apply to Bonaire, Sint Eustatius and Saba. The cabinet therefore considers the introduction of the Safe New Year’s Eve Act to have "no consequences for the BES islands." The public bodies derive their authority to establish rules on the sale, possession and use of fireworks from their own autonomous regulatory powers. The cabinet consequently sees "no grounds and no authority" to extend the new European Netherlands fireworks regulations to the BES islands.
The ‘comply or explain’ question
The decision not to extend the fireworks ban to the Caribbean Netherlands does raise questions about the cabinet’s ‘comply or explain’ policy. This principle requires that, whenever new Dutch legislation is introduced, an explicit assessment is made of whether it should also apply to Bonaire, Sint Eustatius and Saba — and if not, a justification must be provided.
In response to questions on this matter, a spokesperson for the Ministry of Infrastructure and Water Management stated that the ministry considers this justification to be included in the explanatory notes to the decree. The substantive reasoning, according to the ministry, is that the BES islands already possess their own authority to establish fireworks regulations suited to local circumstances. Since the legal possibility of combining a ban with exemptions already exists there, the cabinet saw no grounds for proposing additional BES legislation.
In doing so, the cabinet explicitly opts for local autonomy — meaning that island governing bodies can themselves decide whether to maintain, amend or tighten existing rules.
No national obligation
For residents of Bonaire, this means the new national fireworks act will not automatically apply to the island. Any changes to fireworks regulations can only come about if the local administration itself decides to establish new rules or amend existing legislation.
While the cabinet thereby explains why the Safe New Year’s Eve Act does not apply to the Caribbean Netherlands, full responsibility for future fireworks policy remains entirely with the public bodies themselves.
