On 4 June 2009, Decision 2009/424/EC was published in the Official Journal. The Commission has incorporated this Decision into Annex XVII of the REACH Regulation (Regulation 1907/2006). The Decision sets out new restrictions on the marketing and use of lamp oils and grill lighter fluids, to take account of new indications which demonstrate that the present measures to prevent damage to health from such products are insufficient.

As Hong Kong traders may well know, the sale to consumers of coloured and scented oils presenting an aspiration hazard for use in decorative lamps has long been restricted in the EU. The types of oils subject to these restrictions are defined by Directives 67/548/EEC and 1999/45/EC. Since 2000, no such substances may be used in tricks, jokes, games or ornamental objects such as ornamental lamps or ashtrays that are placed on the market. In addition, oils which can be used as fuel in decorative lamps and are placed on the market in packages containing fifteen litres or less, must not contain a colouring agent unless this is necessary for fiscal reasons or as a perfuming agent. These oils must also be sold in packaging containing a warning regarding the danger to children posed by the fluid.

According to indications provided by Member State authorities, however, these provisions have not sufficiently mitigated the risks to the health of young children caused by these particular coloured and scented oils. In addition, the Commission has now deemed that, even where the oil has not been coloured or scented, it may still present a hazard to children. Thus, in order to minimise accidental ingestion of the oils by small children, the Commission considers it necessary that the oils be packaged in such a way that they are less likely to attract or arouse the curiosity of children and which minimises the risk that children will mistake the oils for drinks.

In addition, the Commission has decided that compliance with a European standard regarding the design of safe decorative lamps, as defined by CEN (the European Committee for Standardisation) should be made mandatory for all decorative lamps placed on the market.

Thus, in addition to the ban on the sale of tricks, jokes, games or ornamental objects containing these harmful oils and the ban on the sale of such oils containing colouring agents, the Decision now requires that: 

• Decorative oil lamps for supply to the general public shall not be placed on the market unless they comply with the European Standard on Decorative oil lamps (EN 14059);
• Lamp oils and grill lighters labelled with R65 or H304 (as defined in Directives 67/548/EEC and 1999/45/EC) must be packaged in black opaque containers not exceeding one litre by 1 December 2010;
• Lamp oils labelled with R65 and H304 must, by 1 December 2010, be labelled with a warning that "Just a sip of lamp oil - or even sucking the wick of lamps - may lead to life-threatening lung damage";
• Grill lighter fluids labelled with R65 or H304 must, by 1 December 2010, be labelled with a warning that "Just a sip of grill lighter may lead to life-threatening lung damage".

In addition to the changes to the Annex, the Commission has also decided that the newly created European Chemicals Agency (ECHA) should prepare a dossier, by 1 June 2014, regarding the appropriateness of banning the oil described above under the relevant provisions of the REACH Regulation. In order to facilitate this decision, all persons placing the oils subject to these restrictions on the market for the first time will be required, as of 1 December 2011, to provide annual reports to Member State authorities regarding data on alternatives to lamp oils and grill lighter fluids subject to the restrictions. This data will then be transmitted to the Commission and ECHA.

Hong Kong exporters of lamp oils and lighter fluids should consult Directives 67/548/EEC and 1999/45/EC to determine whether their products fall within the heightened restrictions now imposed by the Commission.  Decision 2009/424/EC can be accessed at:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:138:0008:0010:EN:PDF