Child-Resistant and Novelty Lighters

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 18,106, 27 ta’ Lulju, 2007

L.N. 203 of 2007

PRODUCT SAFETY ACT

(CAP. 427)

Child-Resistant and Novelty Lighters

(Amendment) Regulations, 2007

IN exercise of the powers conferred by articles 38 to 40 of the

Product Safety Act, the Minister for Competitiveness and

Communications, on the advice of the Malta Standards Authority, has

made the following regulations>-

(1) The title of these regulations is the Child-Resistant and Scope and citation.

Novelty Lighters (Amendment) Regulations, 2007, and they shall be

read and construed as one with the Child-Resistant and Novelty Lighters

Regulations, 2006, hereinafter referred to as “the principal regulations”. L.N. 286 of 2006.

(2) These regulations transpose Commission Decision

2007#231#EC1 of the 12 th April, 2007 amending Commission 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.

(1)

The first two provisos of regulation 1(3) are hereby being Amends regulation

1 of the principal

deleted.

regulations.

The title of regulation 3 shall be substituted by the Amends regulation

(1)

3 of the principal

following>

regulations.

“Placing on the market”.

(2) Regulation 3 of the principal regulations shall be

substituted by the following>

“3. (1) It shall be ensured that only lighters which are

child-resistant are placed on the market as of the 11 th March, 2007.

(2) As of the 11 th March, 2007, the placing on the

market of novelty lighters shall be prohibited.

(3) As from 11 th March, 2007, producers shall, as a

condition for placing lighters on the market>

(a) keep and provide on request without delay to the

Director a report of a child-resistance test for each model of

lighters with samples of the lighters of the tested model,

certifying the child-resistance of the model of lighters placed

on the market<

(b) attest on request to the Director that all lighters in

each of the batches placed on the market conform to the model

tested and provide on request to the authorities the

documentation on the testing and control programme

supporting such an attestation<

(c) continuously monitor conformity of the lighters

produced with the technical solutions adopted to ensure child

resistance, using appropriate testing methods and to maintain

at the disposal of the Director the production records necessary

to show that all lighters produced conform to the model tested<

(d) keep and provide on request without delay to the

Director a new report of a child-resistance test if any changes

are made to a model of lighter that may adversely affect the

ability of the model to meet the requirements of these

regulations.

(4) As from 11 th March, 2007, distributors shall be

required to keep and provide without delay to the Director on

request the documentation necessary to identify any person from

whom they have been supplied with the lighters they place on the

market, in order to ensure traceability of the producer of the lighters

throughout the supply chain.

(5) Lighters for which producers and distributors do not

provide the documentation mentioned in subregulations (3) and (4)

within the deadline fixed by the Director, shall be withdrawn from the

market.”.

(1) Immediately after regulation 4 of the principal

regulations, there shall be inserted the following regulation>

It shall be ensured that only lighters which are child-

resistant are supplied to consumers as of 11 th March, 2008

and the supply of novelty lighters to consumers as of this

date shall be prohibited.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.04 (€0.09)