of February 1, 2016 No. 37
About approval of the Technical regulation concerning ensuring presence in the market of lighters which are safe for children, and prohibition of introduction on the market of souvenir lighters
In pursuance of provisions of article 3 of the Law No. 422-XVI of December 22, 2006 on general safety of products (The official monitor of the Republic of Moldova, 2007, Art. No. 36-38 145), with subsequent changes, and according to Items i) and j) parts (3) article 14 of the Law No. 420-XVI of December 22, 2006 on technical regulation (The official monitor of the Republic of Moldova, 2007, Art. No. 36-38 141), with subsequent changes and amendments, DECIDES: the Government
1. Approve the Technical regulation concerning ensuring presence in the market of lighters which are safe for children and prohibitions of introduction on the market of souvenir lighters it (is applied).
3. The column 2 of appendix No. 1 to the Order of the Government No. 31 of January 23, 2009. "About approval of the regulated areas, the regulating bodies and bodies for supervision of the market" (2009, Art. No. 16-18, 58), with subsequent changes, to add the official monitor of the Republic of Moldova with line item of 101 following contents:
4. To the Ministry of Economics within 6 months from the date of publication to develop and approve the List of the interconnected standards to the Technical regulation concerning ensuring presence in the market of lighters which are safe for children, and prohibition of introduction on the market of souvenir lighters.
5. To impose control over the implementation of this resolution on the Ministry of Economics.
deputy. Prime Minister, Minister of Economic Affairs
Approved by the Order of the Government of the Republic of Moldova of February 1, 2016, No. 37
The technical regulation concerning ensuring presence in the market of lighters which are safe for children and prohibitions of placement in the market of souvenir lighters shifts the Decision 2015/249 for prolongation of effective period of the Decision No. 2006/502/CE by means of which demands from the state members of taking measures guaranteeing that only lighters which are safe for children are placed in the market and placement in the market of souvenir lighters, the European Union published in the Official magazine L 99 of the April 14, 2007 accepted on April 12, 2007 is forbidden.
1. The technical regulation concerning ensuring presence in the market of lighters which are safe for children and prohibitions of introduction on the market of souvenir lighters (in further - the Technical regulation) establishes requirements to which shall satisfy lighters for introduction and/or ensuring presence in the market to provide the high level of protection of public concerns, such as health and safety of people.
2. This Technical regulation extends to lighters which in case of introduction on the market are new, made by the producer registered in the territory of the Republic of Moldova and also on the imported lighters.
3. For the purpose of this Technical regulation of concept "producer", "importer", "distributor", "declaration of conformity", "introduction on the market", "ensuring presence in the market" are used as they are determined in the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity, and the concept "response" as it is determined in the Law No. 422-XVI of December 22, 2006 on general safety of products.
4. For the purpose of this Technical regulation the following determinations are used:
the lighter – the device of manual application forming the flame using the fuel intended for deliberate ignition, in particular, for prikurivaniye of cigarettes, cigars and tubes which can be used in the provided procedure for arson of materials, such as paper, matches, candles and lamps, made with the built-in fuel tank which can or cannot be filled;
the souvenir lighter (attractive lighter for children) represents object which makes flame, is usually used by consumers for ignition of cigarettes, cigars or tubes, with any case or filler which can be fixed later, similar to other object of similar type conventional as attractive or held for use children at the age of less than 51 month, or equipped attractive animation and audioeffects. The attractive lighter for children can be fuelled by any, including butane or liquid fuel. Treat them, but are not limited, the lighters or cases intended for lighters which in form remind heroes of animated films, toys, weapon, hours, cell phones, musical instruments, vehicles, human body or parts of human body, animals, food or drinks, or lighters which make musical sounds, with the blinking fires or moving objects or include other attractive elements. They exclude lighters with the printed logos or decorated with labels, with stickers, the drawn images or images applied by means of thermoshrinkable sleeve;
the lighter with characteristics of safety for children – represents the lighter designed and made in such a way that in normal or reasonably predictable operating conditions it cannot be used by children aged up to 51 months, for example, because of need of use of force to lighter, design, availability of system of protection of the mechanism of its ignition or complexity of necessary operational phases for lighter ignition;
the recharged lighter – the lighter provided for reloading, or by transfer of fuel from the external reservoir, or by introduction new, previously filled, the reservoir;
lighter sample – lighters of the same producer which do not differ in respect of design or other characteristics that could influence characteristics of safety for children;
the testing concerning characteristics of safety for children – systematic testing of characteristics of safety for children of one sample of lighter according to sample of the selected lighters, in particular the testing which is carried out according to the Moldavian harmonized standard shifting the European standard which establishes safety requirements for children or brings into accord with requirements of testing of relevant provisions of the countries which are not members of the European Union in which the existing safety requirements are equivalent that they are established by this Technical regulation.
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