2007/231/EC: Commission Decision of 12 April 2007 amending Decision 2006/502/EC 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 document number C(2007) 1567) (Text with EEA relevance)
Date: 2007-04-12
Institutions: European Commission
Subjects: European standard, approximation of laws, child, consumer protection, manufactured goods, marketing, non-durable goods, product safety

L 99/16

EN

Official Journal of the European Union

14.4.2007

COMMISSION DECISION

of 12 April 2007

amending Decision 2006/502/EC 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 document number C(2007) 1567)

(Text with EEA relevance)

(2007/231/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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

Whereas:

(1)

(2)

(3)

(4)

Commission Decision 2006/502/EC (2) requires 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.

Decision 2006/502/EC applies only for 12 months from
the date of notification. The Decision may however be
confirmed for additional periods in accordance with
Article 13(2) of Directive 2001/95/EC.

In the light of the experience acquired so far and the
absence of a permanent Community act on the safety
of lighters, it is necessary to confirm the validity of the
Decision for a further 12 months.

Decision 2006/502/EC bans the placing on the market of
non-child-resistant lighters and novelty lighters as of 11
March 2007. After that date, however, non-child-resistant
lighters and novelty lighters may still be supplied to
consumers until stocks are exhausted. Since non-child-
lighters and novelty lighters pose a serious
resistant
risk, the supply of such lighters to consumers should
be prohibited.

by this Decision, consistent with the need to prevent
technical
further accidents while taking into account
constraints and ensuring proportionality. Transitional
periods are also required for
the Member States to
ensure that the measures are efficiently applied. Conse-
quently, the ban on supplying non-child-resistant lighters
and novelty lighters to consumers should apply one year
after the date of application of the ban on placing such
products on the market.

It is therefore necessary to amend Decision 2006/502/EC
accordingly.

The measures provided for
in this Decision are in
accordance with the opinion of the Committee estab-
lished by Directive 2001/95/EC,

(6)

(7)

HAS ADOPTED THIS DECISION:

Article 1

Decision 2006/502/EC is amended as follows:

1. In Article 2 the following paragraphs 3 and 4 are added:

‘3. Member States shall ensure that only lighters which
are child-resistant are supplied to consumers as of 11
March 2008.

4. Member States shall prohibit
lighters to consumers as of 11 March 2008.’

the supply of novelty

(5)

The shortest possible transitional periods
should be
allowed for the application of the measures established

2. In Article 6, paragraph 2 is replaced by the following:

(1) OJ L 11, 15.1.2002, p. 4.
(2) OJ L 198, 20.7.2006, p. 41.

‘2.

This Decision shall apply until 11 May 2008.’

14.4.2007

EN

Official Journal of the European Union

L 99/17

Member States shall take the necessary measures to comply with this Decision by 11 May 2007 at the latest
and shall publish those measures. They shall forthwith inform the Commission thereof.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 12 April 2007.

For the Commission

Meglena KUNEVA
Member of the Commission