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            COMMISSION DECISION         

of 11 May 2006         

requiring Member States to take measures to ensure that only lighters which are child-resistant are placed on the market and to prohibit the placing on the market of novelty lighters

(notified under documents number C(2006) 1887 and number C(2006) 1887 COR)

(Text with EEA relevance)

(This text annuls and replaces the text published in Official Journal L 197 of 19 July 2006, p. 9)

(2006/502/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 13 thereof,

Whereas:

HAS ADOPTED THIS DECISION:

Article 1

For the purposes of this Decision:

Article 2

1.   Member States shall ensure that only lighters which are child-resistant are placed on the market as of 10 months from the date of notification of this Decision.

2.   As of the same date referred to in paragraph 1 above, Member States shall prohibit the placing on the market of novelty lighters.

Article 3

1.   As of 10 months from the date of notification of this Decision, Member States shall require the following from producers, as a condition for placing lighters on the market:

2.   As of 10 months from the date of notification of this Decision, Member States shall require distributors to keep and provide without delay to the competent authorities on request the documentation necessary to identify any person from whom they have been supplied with the lighters they place on the market, in order to ensure traceability of the producer of the lighters throughout the supply chain.

3.   Lighters for which producers and distributors do not provide the documentation mentioned in paragraphs 1 and 2 above within the deadline fixed by the competent authorities, shall be withdrawn from the market.

Article 4

1.   Reports of a child-resistance test referred to in Article 3 shall include in particular:

2.   Reports of a child-resistance test referred to in Article 3 shall be established by either:

For information purposes, a list of the bodies referred to in paragraphs (a) and (b) above will be published and updated as necessary by the Commission.

Article 5

The prohibition referred to in Article 13(3) of Directive 2001/95/EC shall not apply.

Article 6

1.   Member States shall take the necessary measures to comply with this Decision within four months from the date of notification of this Decision and publish those measures. They shall forthwith inform the Commission thereof.

2.   This Decision shall be applicable until 12 months from the date of notification of this Decision.

3.   On the basis of the experience acquired and progress made in view of a permanent measure, the Commission shall decide whether to prolong for additional periods the validity of this Decision, whether the Decision, in particular Articles 1(1), 1(3) and 4, should be amended and whether the suspension in Article 5 should be lifted. In particular, for Article 1(3), the Commission shall decide whether other international standards or national rules or standards or other technical specifications, in particular specifications concerning alternative methods or criteria to establish child-resistance of lighters, may be recognised as being equivalent to the child-resistance requirement established by this Decision. The decisions referred to in this paragraph shall be taken in accordance with Article 15(2) of Directive 2001/95/EC.

4.   Within the framework of activities referred to in Article 10 of Directive 2001/95/EC on general product safety the Commission will, in advance of the deadline for the implementation of this Decision by the Member States, establish guidelines with the aim of facilitating the practical application of the Decision.

Article 7

This Decision is addressed to the Member States.

Done at Brussels, 11 May 2006.

For the Commission

Markos KYPRIANOU            

Member of the Commission

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(1)OJ L 11, 15.1.2002, p. 4.

(2)OJ C 100, 24.4.2004, p. 20.

(3)OJ L 171, 7.7.1999, p. 12.

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