COMMISSION DECISION  
of 28 May 2009  
amending, for the purpose of adapting to technical progress, Annex I to Council Directive 
76/769/EEC as regards restrictions on the marketing and use of lamp oils and grill lighter fluids  
(notified under document number C(2009) 4020)  
(Text with EEA relevance)  
(2009/424/EC)  
THE COMMISSION OF THE EUROPEAN COMMUNITIES,  
Having regard to the Treaty establishing the European 
Community,  
Having regard to Council Directive 76/769/EEC of 27 July 
1976 on the approximation of the laws, regulations and admin ­
istrative provisions of the Member States relating to the 
restrictions on the marketing and use of dangerous substances 
and preparations (  1 ), and in particular Article 2a thereof,  
Whereas:  
(1) Since 1 July 2000 Directive 76/769/EEC restricts the sale 
to consumers of coloured and scented oils presenting an 
aspiration hazard for use in decorative lamps and labelled 
with the risk phrase R65.  
(2) Although Council Directive 67/548/EEC of 27 June 1967 
on the approximation of the laws, regulations and 
administrative provisions relating to the classification, 
packaging and labelling of dangerous substances (  2 ) and 
Directive 1999/45/EC of the European Parliament and of 
the Council of 31 May 1999 concerning the approxi ­
mation of the laws, regulations and administrative 
provisions of the Member States relating to the classifi ­
cation, packaging and labelling of dangerous 
preparations (  3 ) provide that containers of grill lighter 
fluids and lamp oils, labelled with R65, have to be 
fitted with child-resistant fastening, accidents still occur 
as containers are either not closed properly, or the 
substance has been transferred from large original 
containers to smaller containers without child-resistant 
fastenings.  
(3) According to data provided by national authorities, it has 
become apparent that the unscented and uncoloured 
lamp oils and grill lighter fluids, labelled R65, pose a 
risk to human health, and specifically to the health of 
young children, when ingested, causing breathing distur ­
bances and disorders of the respiratory tract.  (4) It is therefore necessary to strengthen current provisions 
on lamp oils used in decorative lamps and to ensure that 
substances and mixtures sold as grill lighter fluids 
intended for supply to the general public are appro ­
priately labelled.  
(5) In order to minimise accidental ingestion by small 
children, packaging requirements should be introduced 
to make lamp oils and grill lighter fluids less likely to 
attract or arouse the curiosity of children and to avoid 
that these products are mistaken for drinks. The size of 
the container should also be limited to minimise 
accidents linked to the transfer from original containers 
to smaller containers without child-resistant fastenings or 
appropriate labelling.  
(6) A European Standard for the design of safe decorative 
lamps was adopted in September 2002 in order to 
minimise the possibility of small children having access 
to the oils used in decorative oil lamps (EN 14059). This 
standard provides a presumption of conformity to 
Directive 2001/95/EC of the European Parliament and 
of the Council of 3 December 2001 on general 
product safety (  4 ). Consumer protection has to be 
strengthened by requiring compliance with this standard.  
(7) The restrictions on marketing and use laid down by this 
Decision take into account the current state of 
knowledge regarding safer alternatives. Member States 
should periodically report to the Commission on devel ­
opment of alternatives in order to facilitate a review by 
the European Chemicals Agency. The Agency should 
assess, on the basis of the effectiveness of the proposed 
measures to protect child safety, whether it is necessary 
to adopt additional measures and ban the use of grill 
lighter fluids and fuel for decorative lamps. For this 
purpose, the Agency will take into account the 
requirements of Annex XV to Regulation (EC) 
No 1907/2006 of the European Parliament and of the 
Council of 18 December 2006 concerning the Regis ­
tration, Evaluation, Authorisation and Restriction of 
Chemicals (REACH) (  5 ). 
(8) Directive 2008/112/EC of the European Parliament and 
of the Council of 16 December 2008 amending CouncilEN L 138/8 Official Journal of the European Union 4.6.2009  
( 1 ) OJ L 262, 27.9.1976, p. 201.  
( 2 ) OJ 196, 16.8.1967, p. 1.  
( 3 ) OJ L 200, 30.7.1999, p. 1.  ( 4 ) OJ L 11, 15.1.2002, p. 4.  
( 5 ) OJ L 396, 30.12.2006, p. 1; corrected by OJ L 136, 29.5.2007, p. 3.Directives 76/768/EEC, 88/378/EEC, 1999/13/EC and 
Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of 
the European Parliament and of the Council in order to 
adapt them to Regulation (EC) No 1272/2008 on classi ­
fication, labelling and packaging of substances and 
mixtures (  1 ), imposes obligations on manufacturers of 
dangerous substances placed on the Community market 
by 1 December 2010. To facilitate implementation of the 
additional labelling and packaging provisions included in 
this Decision, the same date should be imposed on those 
placing lamp oils and grill lighters on the Community 
market. In addition, the new risk phrase (H304) required 
by Directive 2008/112/EC should be used.  
(9) Regulation (EC) No 1907/2006 repeals and replaces 
Directive 76/769/EEC with effect from 1 June 2009. 
Annex XVII to that Regulation replaces Annex I to 
Directive 76/769/EEC. Any amendment to the 
restrictions adopted under Directive 76/769/EEC should 
therefore be incorporated in Annex XVII to Regulation 
(EC) No 1907/2006.  
(10) Directive 76/769/EEC should therefore be amended 
accordingly.  (11) The measures provided for in this Decision are in 
accordance with the opinion of the Committee on the 
adaptation to technical progress of the Directives for the 
elimination of technical barriers to trade in dangerous 
substances and preparations,  
HAS ADOPTED THIS DECISION:  
Article 1  
Annex I to Directive 76/769/EEC is amended in accordance 
with the text of the Annex to this Decision.  
Article 2  
This Decision is addressed to the Member States.  
Done at Brussels, 28 May 2009.  
For the Commission  
Günter VERHEUGEN  
Vice-PresidentEN 4.6.2009 Official Journal of the European Union L 138/9  
( 1 ) OJ L 345, 23.12.2008, p. 68.ANNEX  
Point 3 of Annex I to Directive 76/769/EEC is replaced by the following: 
‘3. Liquid substances or mixtures, which 
are regarded as dangerous according 
to the definitions in Council 
Directive 67/548/EEC (*) and Directive 
1999/45/EC of the European 
Parliament and of the Council (**).  1. Shall not be used in: 
— ornamental articles intended to produce light or colour effects by 
means of different phases, for example in ornamental lamps and 
ashtrays, 
— tricks and jokes, 
— games for one or more participants, or any article intended to be 
used as such, even with ornamental aspects. 
2. Articles not complying with paragraph 1 shall not be placed on the 
market. 
3. Shall not be placed on the market if they contain a colouring agent, 
unless required for fiscal reasons, or perfume, or both, if they: 
— can be used as fuel in decorative oil lamps for supply to the general 
public, and, 
— present an aspiration hazard and are labelled with R65 or H304. 
4. Decorative oil lamps for supply to the general public shall not be placed 
on the market unless they conform to the European Standard on 
Decorative oil lamps (EN 14059) adopted by the European Committee 
for Standardisation (CEN). 
5. Without prejudice to the implementation of other Community 
provisions relating to the classification, packaging and labelling of 
dangerous substances and mixtures, suppliers shall ensure, before the 
placing on the market, that the following requirements are met: 
(a) lamp oils, labelled with R65 or H304, intended for supply to the 
general public are visibly, legibly and indelibly marked as follows: 
“Keep lamps filled with this liquid out of the reach of children”; and, 
by 1 December 2010, “Just a sip of lamp oil — or even sucking the 
wick of lamps — may lead to life-threatening lung damage”; 
(b) grill lighter fluids, labelled with R65 or H304, intended for supply to 
the general public are legibly and indelibly marked by 1 December 
2010 as follows: “Just a sip of grill lighter may lead to life- 
threatening lung damage”; 
(c) lamp oils and grill lighters, labelled with R65 or H304, intended for 
supply to the general public are packaged in black opaque containers 
not exceeding 1 litre by 1 December 2010. 
6. No later than 1 June 2014, the Commission shall request the European 
Chemicals Agency to prepare a dossier, in accordance with Article 69 of 
Regulation (EC) No 1907/2006 of the European Parliament and of the 
Council (***) (REACH), with a view to ban, if appropriate, grill lighter 
fluids and fuel for decorative lamps, labelled R65 or H304, intended for 
supply to the general public. 
7. Natural or legal persons placing on the market for the first time lamp 
oils and grill lighter fluids, labelled with R65 or H304, shall by 
1 December 2011, and annually thereafter, provide data on alternatives 
to lamp oils and grill lighter fluids labelled R65 or H304 to the 
competent authority in the Member State concerned. Member States 
shall make those data available to the Commission.  
(*) OJ 196, 16.8.1967, p. 1. 
(**) OJ L 200, 30.7.1999, p. 1. 
(***) OJ L 396, 30.12.2006, p. 1; corrected by OJ L 136, 29.5.2007, p. 3.’EN L 138/10 Official Journal of the European Union 4.6.2009