Commission Implementing Decision

of 27 January 2012

extending the validity of 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 C(2012) 370)

(Text with EEA relevance)

(2012/53/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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:

(1) 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.

(2) Decision 2006/502/EC was adopted in accordance with the provisions of Article 13 of Directive 2001/95/EC, which restricts the validity of the Decision to a period not exceeding 1 year, but allows it to be confirmed for additional periods none of which shall exceed 1 year.

(3) The validity of Decision 2006/502/EC was extended by 1-year periods, firstly by Commission Decision 2007/231/EC(3) until 11 May 2008, secondly by Commission Decision 2008/322/EC(4) until 11 May 2009, thirdly by Commission Decision 2009/298/EC(5) until 11 May 2010, fourthly by Commission Decision 2010/157/EU(6) until 11 May 2011, and fifthly by Commission Decision 2011/176/EU(7) until 11 May 2012.

(4) In the absence of other satisfactory measures addressing the child safety of lighters, it is necessary to extend the validity of Decision 2006/502/EC for a further 12 months.

(5) Therefore, Decision 2006/502/EC should be amended accordingly.

(6) The measures provided for in this Decision are in accordance with the opinion of the Committee established by Directive 2001/95/EC,

HAS ADOPTED THIS DECISION: