
Article 1 
Annex I to Directive 76/769/EEC is amended in accordance with the text of the Annex to this Decision.
Article 2 
This Decision is addressed to the Member States.
Done at Brussels, 28 May 2009.
For the Commission
Günter VERHEUGEN
Vice-President
ANNEX

Point 3 of Annex I to Directive 76/769/EEC is replaced by the following:


‘3. Liquid substances or mixtures, which are regarded as dangerous according to the definitions in Council Directive 67/548/EEC and Directive 1999/45/EC of the European Parliament and of the Council.
 
1. 

— ornamental articles intended to produce light or colour effects by means of different phases, for example in ornamental lamps and ashtrays,
— tricks and jokes,
— games for one or more participants, or any article intended to be used as such, even with ornamental aspects.

2. Articles not complying with paragraph 1 shall not be placed on the market.

3. 

— can be used as fuel in decorative oil lamps for supply to the general public, and,
— present an aspiration hazard and are labelled with R65 or H304.

4. Decorative oil lamps for supply to the general public shall not be placed on the market unless they conform to the European Standard on Decorative oil lamps (EN 14059) adopted by the European Committee for Standardisation (CEN).

5. 

((a)) lamp oils, labelled with R65 or H304, intended for supply to the general public are visibly, legibly and indelibly marked as follows:
“Keep lamps filled with this liquid out of the reach of children”; and, by 1 December 2010, “Just a sip of lamp oil — or even sucking the wick of lamps — may lead to life-threatening lung damage”;
((b)) grill lighter fluids, labelled with R65 or H304, intended for supply to the general public are legibly and indelibly marked by 1 December 2010 as follows: “Just a sip of grill lighter may lead to life-threatening lung damage”;
((c)) lamp oils and grill lighters, labelled with R65 or H304, intended for supply to the general public are packaged in black opaque containers not exceeding 1 litre by 1 December 2010.

6. No later than 1 June 2014, the Commission shall request the European Chemicals Agency to prepare a dossier, in accordance with Article 69 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (REACH), with a view to ban, if appropriate, grill lighter fluids and fuel for decorative lamps, labelled R65 or H304, intended for supply to the general public.

7. Natural or legal persons placing on the market for the first time lamp oils and grill lighter fluids, labelled with R65 or H304, shall by 1 December 2011, and annually thereafter, provide data on alternatives to lamp oils and grill lighter fluids labelled R65 or H304 to the competent authority in the Member State concerned. Member States shall make those data available to the Commission.




