Decision on lighters 2006/502/EC

Lighters
Decision on lighters 2006/502/EC
On 11 May 2006, by Decision 2006/502/EC, the Commission required the 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.
Why this Decision on lighters?
Misuse of cigarette lighters in play by young children causes a significant number of serious fire
accidents. It is estimated that between 1500 and 1900 injuries and 34 to 40 fatalities per year in
the EU are due to fire-related accidents caused by children playing with lighters. Child-resistance
mechanisms exist to prevent such accidents, and their use has been mandatory in the US, Canada,
Australia and New Zealand for some 10 years. The introduction of child-resistance requirements in
the US brought about a 60% reduction in the number of such accidents.
Cigarette lighters are consumer products which are inherently hazardous, since they produce a
flame or heat, and contain a fuel. They pose a serious risk when misused by children. This is
particularly relevant in the case of disposable lighters, which are sold in huge numbers, often in
multi-packs, and used as low-value, throw-away products. Children may play with them and cause
serious fires, injuries and deaths.
What is covered?
The child-resistance requirement of the Decision applies to roughly 98% of all lighters sold in the
EU each year, including all disposable, plastic lighters and low-cost metal lighters. Certain lighters
are not covered by the child-resistance requirement, but are subject to the general safety
requirements of Directive 2001/95/EC on general product safety, backed up by a specific standard
on lighter safety (EN ISO 9994). For lighters to be excluded from the child-resistance requirements
they have to fulfil a number of technical criteria laid down in the Decision (see article 1.1).
In addition, the Decision bans the placing on the market of lighters which resemble objects that are
especially appealing to children (for example toys, mobile phones, food, cars, etc.) and therefore
present a high risk of misuse (so-called 'novelty lighters')
When is a lighter child-resistant?
A European standard (EN 13869:2002) establishes child-resistance specifications for lighters.
Lighters that comply with the relevant specifications of this European standard are presumed to
conform to the Decision. Conformity is also presumed for those lighters that conform to the childresistance requirements of non-EU countries if such requirements are equivalent to those
established by the Decision (such as those in the US).
The Commission considers it necessary to review and revise where necessary EN 13869:2002
taking into account the developments over the years and the temporary nature of Decision
2006/502/EC. Such a revised standard should subsequently be referenced under the General
Product Safety Directive so that presumption of conformity with the general safety requirement can
be given to all lighters complying with the standard.
Decision 2008/357/EC of 23 April 2008 thus establishes the requirements on the basis of which the
Commission may request the relevant standardisation bodies to amend the relevant standard for
lighters.
How is the Decision going to work?
At the request of the Member States' competent authorities, manufacturers and importers will
have to submit all relevant documents, including test reports on child-resistance. The test reports
have to be issued by testing bodies that are accredited or recognised by the Member States’
competent authorities.
Test reports may also be issued by a testing body whose reports are accepted by countries where
child-resistance requirements equivalent to those in the Decision are in force (such as the US).
Distributors will be required to cooperate with the competent authorities and provide them upon
request with the necessary documentation to trace the origin of the lighters they place on the
market.
When will the Decision come into force?
Commission Decision 2006/502/EC was notified to Member States on 11 May 2006. Member States
must ensure as of ten months from the date of notification of the Decision, that is to say from 11
March 2007 onwards, that all cigarette lighters placed on the market are child-resistant (except for
those lighters excluded from the scope based on the technical criteria), and that novelty lighters
are no longer placed on the EU market
As the Decision was adopted under article 13 of Directive 2001/95/EC on general product safety, it
could only be valid for one year. It was therefore amended for the first time by Decision
2007/231/EC
, which extended its validity until 11 May 2008 and added the requirement that
non-child resistant lighters and novelty lighters can no longer be sold to consumers from
11 March 2008 onwards.
EU bans sale of non-child resistant and novelty cigarette lighters
On 27 January 2012, Decision 2013/113/EU amended the Decision 2006/502/EC for the seventh
time by extending its validity for a further year, until 11 May 2014.
Guidelines
After the adoption of the Decision in May 2006, the Commission started working on Guidelines
to facilitate the practical implementation of the Decision. These Guidelines were elaborated
in close cooperation with the EU Member States and other key stakeholders, including consumer
organisations, manufacturers and importers. Given the fact that around one third of all lighters on
the EU market are produced in China, Chinese authorities and industry representatives were also
involved in this process.
With reference to Annex III of the Guidelines, information about testing bodies accredited for
executing child-resistant tests on lighters can be found in the attached document
.
Please note that these Guidelines provide guidance only and cannot be constituted as a legal
interpretation of the Decision, as this is the sole competence of the European Court of Justice.
These Guidelines are complemented by a number of useful documents, including:
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CR exclusion criteria – Example reporting template
CR requirements Example reporting template
ISO9994 – Example summary report full testing
ISO9994 – Full testing requirements
ISO9994 – Key testing requirements
ISO9994 – List of equipment
Please note that these additional documents have been elaborated by different stakeholders and do
not necessarily represent the Commission's views or carry its formal endorsement.
Market surveillance
To ensure an effective implementation and enforcement of the Decision, an appropriate market
surveillance strategy needs to be put in place. The development of such a strategy and the
organisation of the practical aspects of the surveillance efforts, for which the GPSD provides a clear
framework, is largely the responsibility of the Member States. Member States have developed a
'Strategy for Market Surveillance Action on Child-Resistant Disposable Lighters'. This document can
be found on the website of the EMARS project.
As a result of the ongoing market surveillance efforts, measures against lighters that can no longer
be placed on the market have already been taken by several Member States.
In the context of the ongoing joint market surveillance action on lighters, Member States
have developped two non-exhaustive inventories:
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Inventory of novelty lighters
Inventory of non-novelty lighters
Some examples of lighters against which the Member States have taken measures:
The lighters in the pictures below pose the risk of burns, in particular to young children, because
they are attractive due to their shape and colours or because they produce sounds or lights or have
other entertainment functions (e.g. when lifting the lid of the lighter or activating it). In these
cases, the main measure taken by the national authorities (and sometimes on a voluntary basis by
the producer or distributor) is the withdrawal of the lighters from the market.