. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/EEC/82 
11 May 2005 
 (05-1926) 
Committee on Technical Barriers to Trade Original:   English 
  
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   EUROPEAN COMMUNITIES
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   European Commission 
Name and address (including telephone and fax numbers, e-mail and web-site 
addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:    
European Commission 
EC-TBT Enquiry Point 
Fax: (+32) 22 998 043 
E-mail: ec-tbt@cec.eu.int 
3. Notified under Article 2.9.2 [  X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Phthalates in toys and 
childcare articles 
5. Title, number of pages and language(s) of the notified document:   Proposal for a 
Directive of the European Parliament and the Council amending for the twenty-second time Council Directive 76/769/EEC on the appr oximation of the laws, regulations and 
administrative provisions of the Member States re lating to restrictions on the marketing and 
use of certain dangerous substances and prepar ations (phthalates in toys and childcare 
articles) (8 pages) 
6. Description of content:   Proposal to amend Directive 76/769/EEC in order to introduce 
restrictions on the use of six phthalates in toys and childcare articles. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
The Commission made its first proposal to amend Directive 76/769/EEC in order to 
introduce a ban on the use of six phthalates in toys and childcare articles intended to be put in the mouth by children under the age of three on 10 November 1999 (COM (1999) 
577/final). 
In the subsequent discussions, the Council deci ded to wait for the results of a series of 
comprehensive risk assessments under Counc il Regulation (EEC) 793/93 on the evaluation 
and control of risks of existing substances wh ich had been initiated in the meantime. From 
these risk assessments, new scientific data h as now become available which has been used 
in the proposed Directive. G/TBT/N/EEC/82 
Page 2  
 
 A result of the risk assessments was that DE HP, DBP, and BBP are toxic for reproduction. 
Accordingly, they were classified as CMR (c arcinogen, mutagen, reprotoxic) substances, 
category 2.  DEHP, DBP and BBP should ther efore be banned in all toys and childcare 
articles. Based on precautionary considerations , linked to the lack of data and due to 
existing uncertainties, DINP, DIDP and DNOP should be banned in toys and childcare 
articles that can be mouthed by the most vul nerable age group of children, namely those 
under the age of three, until further sci entific information becomes available. 
8. Relevant documents:   COM (1999) 577/final;  Commission Decision 1999/815/EC 
(temporary restrictions valid since 1999);  Council Common Position doc 5467/05 
9. Proposed date of adoption:   
Proposed date of entry into force:    Autumn  2005 
Autumn 2005 (20 days after adoption) 
10. Final date for comments:    60 days from the date of notification 
11. Texts available from:  National enquiry point [    ] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
European Commission 
EC-TBT Enquiry Point 
Fax: (+32) 22 998 043 
E-mail: ec-tbt@cec.eu.int