2000/217/EC: Commission Decision of 3 March 2000 prolonging the validity of Decision 1999/815/EC concerning measures prohibiting the placing on the market of toys and childcare articles intended to be placed in the mouth by children under three years of age made of soft PVC containing certain phthalates (notified under document number C(2000) 527) (Text with EEA relevance)
Date: 2000-03-03
Institutions: European Commission
Subjects: early childhood, plastics, product safety, public health, toxic substance, toy industry

L 68/62

EN

Official Journal of the European Communities

16.3.2000

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 3 March 2000

prolonging the validity of Decision 1999/815/EC concerning measures prohibiting the placing on
the market of toys and childcare articles intended to be placed in the mouth by children under
three years of age made of soft PVC containing certain phthalates

(notified under document number C(2000) 527)

(Text with EEA relevance)

(2000/217/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 92/59/EEC of 29 June 1992
on general product safety (1), and in particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

The Commission adopted, on 7 December 1999,
Decision 1999/815/EC (2), based on Article 9 of
Directive 92/59/EEC requiring the Member States to
prohibit the placing on the market of toys and childcare
articles intended to be placed in the mouth by children
under three years of age, made of soft PVC containing
one or more of the substances di-iso-nonyl phthalate
(DINP), di(2-ethylhexyl) phthalate (DEHP), dibutyl phtha-
late (DBP), di-iso-decyl phthalate (DIDP), di-n-octyl
phthalate (DNOP), and butylbenzyl phthalate (BBP).

The validity of Decision 1999/815/EC was limited to
three months, in accordance to the provision of Article
11(2) of Directive 92/59/EEC; therefore, the validity of
the Decision was to expire on 8 March 2000.

Article 11(2) of Directive 92/59/EEC states that
the
validity of the measures adopted on the basis of Article
9 of the said Directive is limited to three months, but
may be prolonged under the same procedure foreseen
for the adoption of these measures.

(1) OJ L 228, 11.8.1992, p. 24.
(2) OJ L 315, 9.12.1999, p. 46.

(4) When adopting Decision 1999/815/EC it was foreseen
to prolong its validity if necessary. The reasons which
motivated the Decision considered are still valid and it is
therefore necessary to maintain the prohibition of
placing on the market of the products considered.

(5)

(6)

(7)

Certain Member States have implemented Decision
1999/815/EC by measures applicable until 8 March
2000 and it is necessary to ensure that the validity of
these measures is prolonged.

It
is therefore necessary to prolong the validity of
Decision 1999/815/EC in order to ensure that all the
Member States maintain the prohibition provided for by
that Decision; according to Article 11(2) of Directive
92/59/EEC the validity may be prolonged for a period of
three months.

The measures provided for in this Decision are in
accordance with the opinion of
the Emergencies
Committee,

HAS ADOPTED THIS DECISION:

Article 1

In Article 5 of Decision 1999/815/EC the words ‘8 March
2000’ are replaced by the words ‘three months after the date of
notification’.

16.3.2000

EN

Official Journal of the European Communities

L 68/63

Member States shall take the measures necessary to comply with this Decision within less than 10 days of
its notification. They shall forthwith inform the Commission thereof.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 3 March 2000.

For the Commission

David BYRNE

Member of the Commission