WRITTEN QUESTION E-2404/02

by Karl-Heinz Florenz (PPE-DE) to the Commission

(7 August 2002)

Subject: Imports into the EU of cigarette lighters from China

On 7 May 1998, the Commission drew up mandate M/266 providing for an improvement in safety requirements for cigarette lighters and the introduction of a child protection specification in line with the existing US standard. This provision has already met with a response in the form of an improvement in the safety specifications for lighters, ISO 9994, and the imminent adoption of a draft standard, EN 13869, introducing a child-resistance standard by the Member States of the CEN (product safety Directive 2001/95/EC(1) & consumer protection). However, these standards are voluntary. A provision to introduce these standards as mandatory has not yet been complied with. As a result, lighters which only extremely rarely meet safety standards and observe consumer protection rules have been imported into the EU for years from the Far East. In addition, such imports subject European manufacturers to tough competition which does not respect European safety standards.

Is the Commission aware of this problem?

Does the Commission have data concerning imports of cheap lighters into the EU?

In connection with the safety of lighters, will the Commission draw up a separate proposal for imported lighters?

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

Answer given by Mr Byrne on behalf of the Commission

(23 September 2002)

There is no specific Community legislation for lighters. However, the safety of cigarette lighters falls under Council Directive 92/59/EEC of 29 June 1992 on general product safety(1) which requires that consumer products placed on the market are safe and that Member States shall monitor the market and take actions against non-complying products.

For assessing the safety of specific product categories the Directive, in the absence of national legislation, makes reference to, in the first place, European standards. This applies irrespective of the country of origin of the product.

Member States surveillance of cigarette lighters poses specific problems as it is estimated that approximately half a billion lighters are sold every year within the Union, of which about 50 % are imported. In addition, tests of lighters are often complicated and costly. The importance of this control will be further accentuated in relation to the introduction of new requirements relating to child-safety mechanisms.

The Commission has therefore initiated specific actions in respect of reinforced market surveillance. An ad-hoc working group, in which relevant stakeholders have also participated, has initiated e.g. specific projects for surveillance co-operation between Member States and for strengthening customs control of lighters imported from third countries. Discussions have also taken place with the authorities of the main Far Eastern manufacturing countries.

Member States have indicated in the committee of Directive 92/59/EEC, where the issue is regularly raised, that effective actions are now being taken in order to strengthen the surveillance both on the marketplace and at the borders by customs authorities. The Commission will continue to monitor these developments.

(1) OJ L 228, 11.8.1992.