| |
Ban on novelty and non-child resistant lighters prolonged for another year
On 18 April 2008, Commission Decision 2008/322/EC, prolonging the total ban of sales to consumers of non child-resistant and novelty lighters (i.e., lighters which resemble objects that are particularly attractive to children) was adopted, and entered into force on 11 May 2008. This Decision prolongs the ban until 11 May 2009, after which it may be renewed again.
As Hong Kong sellers of lighters may recall, this Decision prolongs a total ban which entered into force on 11 March 2008 (set out in Decision 2007/231/EC) amending a 2006 Decision (i.e. Decision 2006/502/EC) which, since 2006, has been prolonged each year. The 2006 Decision was amended so that it now prohibits not only the placing on the market and the import of non-child resistant and novelty lighters but also the sale of the relevant lighters to consumers.
The main content of the amended 2006 Decision, with which Hong Kong's cigarette lighter exporters will likely already be acquainted, can be summarised as follows:
-
The lighters definition covers refillable and disposable lighters. It, however, excludes refillable lighters designed to last for at least five years, and:
- which benefit from a written guarantee of at least two years;
- which can be repaired and safely refilled;
- which include a repairable ignition mechanism;
- which contain parts that, if likely to wear out, can be replaced or repaired.
-
A child-resistant lighter means one that cannot be operated by children younger than 51 months because of, e.g., the force needed to operate it, its design, protection of the ignition mechanism, or complexity of operations needed for ignition.
-
Lighters will be presumed child-resistant if they conform to any national standard that itself corresponds to specifications laid out in the EN 13869:2002 Standard, or to relevant rules of non-EU countries which have equivalent requirements in force.
-
In order to be allowed on the market, lighters will have to meet child-resistance tests that are laid out in any of the aforementioned recognised standards or non-EU countries' rules.
-
Producers (or EU importers) will have to keep and provide on request: a report of a child-resistance test from a testing body, an attestation that all lighters are in conformity and documents showing this, production records, and a new report if any relevant changes are made to the producer's model of lighter.
-
Novelty lighters, which are lighters shaped in ways thought to be appealing to children (cartoon characters, cars, toys, musical instruments, food items, etc.), are banned entirely.
Decision 2007/231/EC added the following amendments:
-
Member States shall ensure that only lighters which are child-resistant are supplied to consumers from 11 March 2008.
-
Member States shall prohibit the supply of novelty lighters to consumers from 11 March 2008.
With the entry into force of Decision 2008/322/EC on 11 of May 2008, the Member States' authorities will continue checking that the provisions in the 2006 Decision and its amendments are fully respected, making sure that non-child resistant and novelty lighters are not supplied to consumers. The Member States are expected to take action where this ban is not respected. Therefore, the lighter industry and Hong Kong lighter exporters are advised to ensure scrupulous compliance with its requirements.
|
