WRITTEN QUESTION E-0504/02

by Anna Karamanou (PSE) to the Commission

(22 February 2002)

Subject: Accidents caused by non-edible contents of chocolate eggs

Using the European Home and Leisure Injury Surveillance System (EHLASS) to record accidents caused by non-edible objects contained in chocolate eggs, the Athens University Accident Research and Prevention Centre has found that these products are dangerous and continue to cause accidents, primarily to children. Moreover, other studies carried out in Germany, Israel and the USA confirm the Athens findings.

With Easter in view, what measures will the Commission take to ensure that foodstuffs containing non-edible objects are subject to legal rules and standards (regarding their size, for example) which will guarantee that they are safe and prohibit such practices as mixing edible and non-edible objects? How can the Commission contribute towards bringing about an agreement with manufacturers to design these products more safely in order to avoid any recurrence of fatal accidents in the future?

Joint answerto Written Questions E-0504/02 and E-0548/02given by Mr Byrne on behalf of the Commission

(25 April 2002)

In 1999, the Commission conducted a preliminary investigation into the risks posed by the association of certain types of non-food products (often toys) with food products (often confectionery). The investigation looked at non-food products in distinctive packaging which accompany food products, including surprise eggs containing toys packaged separately (in capsules or in another way). It is important to distinguish between these and non-food products without their own packaging directly associated (i.e. mixed in) with foods. With regard to the latter, it was decided as long ago as 1997 that they should be considered as prohibited under Council Directive 92/59/EEC of 29 June 1992 on general product safety(1) because of the high risk they posed.

The investigation, concluded in 2000, took all the information on recorded accidents and information collected from the competent authorities in the Member States into account. The full results of this investigation were communicated to the European Parliament as part of petition 280/99, the answer to oral question 21/00(2) and various answers given by the Commission to parliamentary questions, in particular the joint reply to questions E-2630/00 by Mr Moreira Da Silva(3), 2631/00 by Mrs Damião(5) and 2632/00 by Mr Lage(6).

The Commission, assisted by the Committee on Product Safety Emergencies for Directive 92/59/EEC, on the basis of the data and information collected, concluded that the risks posed by these products were similar to those posed by small toys in general or by toys containing small parts.

In other words, the association of a non-food and a food product, where the two products have separate packaging, was not identified as a specific risk factor, because it was not possible at that stage to establish a cause-and-effect link between, on the one hand, a toy in its own separate packaging and, on the other hand, the risk of accident. The risk would depend on the actual features of the non-food product or its packaging, and in particular small toys or those with small parts. The safety of the latter is, moreover, governed by Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys(4).

(1) OJ L 228, 11.8.1992.

(2) Oral answer of 14.4.2000.

(3) OJ C 136 E, 8.5.2001.

(4) OJ L 187, 16.7.1988.

(5) OJ C 136 E, 8.5.2001.

(6) OJ C 136 E, 8.5.2001.