WRITTEN QUESTION No. 1989/98 by David BOWE to the Commission. Child-resistant cigarette lighters
18. 1. 1999 EN Official Journal of the European Communities C 13/87 (1999/C 13/125) WRITTEN QUESTION E-1989/98 by David Bowe (PSE) to the Commission (30 June 1998) Subject: Child-resistant cigarette lighters What plans does the Commission have to introduce child-resistance as one of the safety requirements for cigarette lighters? Does the Commission feel that this should be a mandatory requirement. If not, why not? Joint answer to Written Questions E-1798/98, E-1988/98 and E-1989/98 given by Mrs Bonino on behalf of the Commission (31 July 1998) The Commission is aware of certain safety problems involving lighters. Lighters fall under the general safety requirements of Council Directive 92/59/EEC of 29 June 1992 on general product safety (1) which requires that lighters placed on the European market must be safe. In the absence of specific Community or national rules, the conformity of a product is assessed having regard to voluntary national standards giving effect to a European standard, where it exists. The Directive also places on the Member States the obligation to carry out checks of the products placed on the market and to take appropriate action against products that are not safe. A European standard for lighters (EN 9994: 1996) exists. However this standard does not cover all the relevant safety aspects and needs improvements in order to provide a high level of protection. Consequently, the Commission has, in consultation with Member States, proposed a mandate to the European committee for standardisation (CEN) to complete and improve the safety requirements encompassed in the standard. In the mandate, CEN is requested to include child resistance measures for all disposable lighters; include a statement that no lighter of any of the types covered by the standard may have an enclosure which is shaped, decorated or incorporates devices or imitates products so that they are likely to be treated as toys by children; reduce permissible maximum flame heights; incorporate catalytic lighters in such a manner as to address potential danger from reduced flame or heat column visibility and the possible effects of heat distribution on the construction of such lighters and reassess the criteria for lighter gas fuel reservoirs (pressure vessels) with particular reference to rupture and fragmentation. Whereas purely voluntary standards do not provide any legally enforceable guarantee for consumers, it has to be noted that the European standard for the products in question, presently undergoing the necessary improvements, must be taken into account in assessing the safety of the lighters within the framework of Directive 92/59/EEC. For this reason the Commission does not consider that new specific legislation for these products is necessary in order to protect consumer safety. An improved European standard and stricter market surveillance by national authorities are considered to be the most appropriate approaches in order to ensure consumer safety for these products. The Commission has recently highlighted (single market action plan (2), and working paper on enforcement of European consumer legislation (3)) the importance of effective enforcement, the need for sufficient human and financial resources at Member States level in this area, and announced specific actions to promote more effective surveillance. (1) OJ L 228, 11. 8. 1992. (2) SEC(97) 1 final. (3) SEC(98) 527 final