(16) In order to facilitate the application of the childresistance
requirement by producers of lighters, it is
appropriate to make reference to the relevant specifications
of the European standard EN 13869:2002, so
that lighters complying with the corresponding specifications
of the national standards which transpose that
European standard are presumed to conform to the
child-resistance requirement of this Decision. With the
same aim, lighters complying with the relevant rules of
the non-EU countries where child-resistance requirements
equivalent to those established by this Decision are in
force should also be presumed to conform to the
child-resistance requirement of this Decision.
(17) The consistent and effective enforcement of the childresistance
requirement established by this Decision
requires the submission by producers to the competent
authorities at their request of test reports on childresistance
delivered by testing bodies accredited by the
accreditation bodies which are members of international
accreditation organisations or otherwise recognised by
the authorities to that end or delivered by testing
bodies recognised for executing this type of test by the
authorities of the countries where safety requirements
equivalent to those established by this Decision are
applied. Lighter producers should provide on request
without delay to the competent authorities established
under Article 6 of the Directive 2001/95/EC all the
documents needed. If the producer is unable to provide
such documentation within the delay established by the
competent authority, the lighters should be withdrawn
from the market.
(18) According to Article 5(2) of Directive 2001/95/EC distributors
should help to ensure compliance of the lighters
they supply with the child-resistance requirement established
by this Decision. In particular they should
cooperate with the competent authorities by providing
them on request the documentation needed to trace
the origin of the lighters.
(19) The shortest possible transition periods should be
allowed for the application by producers of the
measures established by this Decision, consistent with
the need to prevent further accidents while taking into
account technical constraints and ensuring proportionality.
Transitional periods are also required for the
Member States to ensure that the measures are efficiently
applied, given the high volume of lighters marketed
annually in the EU and the multiple distribution
channels used for such marketing. Therefore, the obligation
for producers to place only child-resistant
lighters on the market should apply 10 months from
the date of notification of this Decision while the obligation
to supply only child-resistant lighters to
consumers should apply one year after the entry into
force of the ban on placing on the market of such
lighters. Therefore, the latter obligation will be established
when revising this Decision, one year after its
adoption.