Government Decree No. 198 / 2007 Coll.
Government regulation on the safety of lighters placed on the market
Valid
Regulation
Effective from 31.07.2007
Text versions:
31.07.2007
198
GOVERNMENT REGULATION
of 27 June 2007
on the safety of lighters placed on the market
The Government orders pursuant to Section 12a of Act No. 102 / 2001 Coll., on General Product Safety and on the amendment of certain laws (the Act on General Product Safety), as amended by Act No. 160 / 2007 Coll., (the Act):
This Regulation implements the relevant provisions of the European Communities1) and provides for technical and other details concerning the safety of lighters placed on the market.
For the purposes of this Regulation:
(a) a lighter-operated flame-emitting device which is normally used to ignite in particular cigarettes, cigars and pipes and which can be expected to be used to ignite materials such as paper, wicks, candles and lamps and which is produced with an inseparable fuel supply, whether or not replenished;
(b) a refillable lighter such as a lighter which has been designed, manufactured and placed on the market in such a way as to ensure its expected permanent safe use for at least 5 years, with the possibility of repair and meeting the following requirements:
1. at least a two-year written guarantee in accordance with the European Communities Regulation (2) shall be provided on the lighter by the manufacturer;
2. there is a possibility of repair, including the ignition mechanism and safe re-filling throughout the lifetime;
3. parts which may be expected to wear out or cease to operate after the warranty period in continuous use may be replaced or repaired in an authorised or specialised after-sales service located in the European Union;
(c) a child-resistant lighter designed and constructed in such a way that, under normal or reasonably foreseeable conditions, children under 51 months of age cannot activate the ignition mechanism because, for example, they do not have the necessary power to deal with it or because of its design or protection of the ignition mechanism, the complexity or sequence of operations necessary for its ignition, i.e. a lighter which meets a national technical standard introducing European standard EN 13869: 2002 ("the European standard") as regards specifications other than those set out in paragraphs 3.1, 3.4 and 5.2.3 of the European standard; a lighter complying with the relevant legislation of countries other than the Member States of the European Union where child safety requirements equivalent to or stricter than those laid down in this Regulation apply,
(d) by the model of the lighter, the lighter of the same manufacturer, which does not differ in design or other characteristics in such a way as to affect child resistance;
(e) a child-resistance test of the model of the lighter with regard to its child-resistance on a sample of lighters, in particular tests carried out in accordance with national technical standards introducing a European standard with regard to specifications other than those referred to in paragraphs 3.1, 3.4 and 5.2.3 of the European standard, or with the requirements of the relevant legislation of countries which are not Member States of the European Union and where requirements equivalent or stricter than those laid down in this Regulation apply to child safety;
(f) a lighter of an unusual type as defined in specification 3.2 of the European standard.
(1) Only a safe lighter may be placed on the market. Only such a lighter which is child-resistant in accordance with § 2 (c) and for which the manufacturer has processed and maintained the accompanying documentation in accordance with § 4 and continues to monitor the conformity of the produced lighter with the technical solution adopted to ensure child-resistance.
(2) The lighter of an unusual type referred to in Article 2 (f) is always considered dangerous and must not be placed on the market.
(1) The accompanying documentation shall mean at least:
(a) a child-resistance test report for each lighter model, including samples of the lighter of the model tested, confirming that the lighter made available on the market is child-resistant from a safety point of view;
(b) documentation of the tests and the control programme confirming that all lighters from all series placed on the market conform to the model tested;
(c) manufacturing records necessary to demonstrate that all manufactured lighters conform to the model tested;
(d) a new child-resistance test report, if any changes are made to the lighter model which could adversely affect the model's ability to comply with the requirements of this Regulation;
(e) documentation showing that the lighter is rerefillable.
(2) In the event that the manufacturer does not provide the accompanying documentation within the time limit set by the supervisory authority or the distributor does not provide the documentation necessary to identify each person who delivered the lighter placed on the market within the time limit set by the supervisory authority, the supervisory authority shall proceed in accordance with Article 7 (2) (h) of the Act.
The child resistance test report shall include:
(a) the name, registered office and place of business of the manufacturer;
(b) the business name, registered office and place of business of the importer where the lighters are imported;
(c) a full description of the lighter, including size, shape, weight, fuel, tank capacity, ignition mechanism, child-safety equipment, design, technical solutions and other elements to ensure that the lighter is child-resistant in accordance with the requirements of this Regulation; This includes, in particular, a detailed indication of all dimensions, the necessary force or other elements which could affect the safety of the lighter for children, including the manufacturer's tolerances for each such element;
(d) a detailed description of the tests and the results obtained, the dates of the tests, the place where the tests were carried out, the business name or the name of the person who carried out the tests, the details of the qualifications and competence of that person to carry out the tests;
(e) indication of the place where the lighters are manufactured or where they were manufactured;
(f) an indication of the place where the dossier required by this Regulation is kept,
(g) references to the accreditation or recognition of a person under Article 6.
A report drawn up by:
(a) a person meeting the requirements laid down by EN ISO / IEC3) accredited by a Member of International Cooperation in Laboratory Accreditation (ILAC) for carrying out tests on the resistance of lighters to children or otherwise recognised for that purpose by the competent authority of the Member State;
(b) by a person whose child-resistance test protocols are recognised by a country where child safety requirements are in place which meet the requirements laid down in this Regulation.
With the exception of Article 3 (2), the provisions of this Regulation shall not apply to refillable lighters if they are equipped with accompanying documentation demonstrating compliance with the requirements of Article 2 (b).
Lighter lighters which were placed on the market before the date of entry into force of this Regulation and which do not comply with the requirements for the safety of lighters placed on the market under this Regulation may be offered and sold to the consumer no later than 11 March 2008.
This Regulation shall enter into force on the day of its publication.
Prime Minister:
Ing. Topolánek v. r.
Minister for Industry and Trade:
Ing. Roman v. r.
1) Commission Decision of 11 May 2006 requiring 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 (2006 / 502 / EC), as amended.
2) Directive 1999 / 44 / EC of the European Parliament and of the Council on certain aspects of the purchase of consumer goods and consumer goods guarantees.
3) EN-ISO / IEC 17025: 2005 "General requirements for the competence of test and calibration laboratories."
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Regulation Information
| Citation | Government Decree No. 198 / 2007 Coll., on the safety of lighters placed on the market |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2007 |
|---|---|
| Effective from | 31.07.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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