http://www.legislation.gov.uk/id/eudn/2016/575

Commission Implementing Decision (EU) 2016/575

of 29 March 2016

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(2016) 1702)

(Text with EEA relevance)

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 safety1, and in particular Article 13 thereof,

Whereas:

(1)

Commission Decision 2006/502/EC2 requires Member States to take measures to ensure that only lighters that 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 set out in Article 13 of Directive 2001/95/EC, which restrict the validity of such decisions to a period of maximum 1 year, and allow it to be extended for additional periods not exceeding 1 year.

(3)

The validity of Decision 2006/502/EC was extended by 1-year periods, by (in chronological order): Commission Decision 2007/231/EC3 until 11 May 2008, Commission Decision 2008/322/EC4 until 11 May 2009, Commission Decision 2009/298/EC5 until 11 May 2010, Commission Decision 2010/157/EU6 until 11 May 2011, Commission Decision 2011/176/EU7 until 11 May 2012, Commission Implementing Decision 2012/53/EU8 until 11 May 2013, Commission Implementing Decision 2013/113/EU9 until 11 May 2014, Commission Implementing Decision 2014/61/EU10 until 11 May 2015 and Commission Implementing Decision (EU) 2015/24911 until 11 May 2016.

(4)

Lighters that are not child-resistant are still being placed on the market. Reinforced market surveillance activities should further reduce the numbers of such products present on the market.

(5)

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.

(6)

Decision 2006/502/EC should therefore be amended accordingly.

(7)

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: