WRITTEN QUESTION E-2630/00 by Jorge Moreira Da Silva (PPE-DE) to the Commission. Toys contained in foodstuffs.
Date: 2000-08-01
Institutions: European Parliament, Provisional data
Subjects: accident in the home, child, confectionery, consumer protection, marketing standard, product safety, safety standard, toy industry

8.5.2001

EN

Official Journal of the European Communities

C 136 E/57

(2001/C 136 E/063)

WRITTEN QUESTION E-2627/00

by Roberta Angelilli (UEN) to the Commission

(1 August 2000)

Subject: Adoption and assisted procreation for homosexual couples

Given that all citizens have the right to express their ideas in public and must not suffer discrimination on
the grounds of sex, race, disability, age, political beliefs, or sexual orientation, and that the Union is
founded on the principles of freedom, democracy, and respect for human rights, fundamental freedoms,
and the rule of law,

Can the Commission say:

1. what is the Union(cid:146)s view on adoption of children by and assisted procreation for homosexual couples;

2. whether the intention is to equate homosexual couples with the traditional family in the strict sense?

Answer given by Mr Vitorino on behalf of the Commission

(30 October 2000)

The Commission is not aware that the Union has expressed a position on the issues referred to by the
Honourable Member.

(2001/C 136 E/064)

WRITTEN QUESTION E-2630/00

by Jorge Moreira Da Silva (PPE-DE) to the Commission

(1 August 2000)

Subject: Toys contained in foodstuffs

The ninth recital of Directive 88/378 (1) on the safety of toys states that all toys placed on the market must
comply with essential requirements in terms of health and safety.

The Directive covers, in particular, risks associated with (cid:145)toys and their parts and the packaging in which
they are contained for retail sale(cid:146), which (cid:145)must not present risk of strangulation or suffocation(cid:146).

The Directive recognises that allowance should also be made for any foreseeable use by children, who
naturally (cid:145)do not generally show the same degree of care as the average adult user(cid:146). The increase in risk as
a result of the age factor should, therefore, be taken into account in any risk assessment of toys. This is
particularly the case with toys sold in conjunction with foodstuffs, where smaller children may be exposed
to the additional risk of confusion between foodstuff and toy.

Accidents involving children have already occurred in a number of Member States, particularly where toys
are contained in foodstuffs, as is the case with chocolate eggs. In the United Kingdom, three fatal accidents
have already occurred and research carried out in Greece and Germany indicates that a large number of
non-fatal accidents occur every year, although they do not require hospital admission.

All the products which cause such accidents and which display the CE symbol are marked as (cid:145)not suitable
for children under 36 months(cid:146). All the accidents which have occurred have, however, involved children
over that age.

1.
In view of the above facts, does the Commission consider that the compulsory warning concerning
the unsuitability of toys for children below a certain age is sufficient to ensure that the Directive(cid:146)s health
and safety objectives are achieved?

C 136 E/58

Official Journal of the European Communities

EN

8.5.2001

Does the Commission agree that the assumption upon which the age limit of 36 months was
2.
established (namely, that children over that age are unlikely to place objects in their mouths) should be
revised in the light of the fatal accidents which have occurred?

3.
Does the Commission agree that toys which are contained in foodstuffs and which are therefore
small in size or composed of small parts represent a specific risk to children, particularly on account of the
possible confusion between foodstuff and toy (this being a risk which cannot be fully covered by the
Directive)? If so, what additional measures does the Commission intend to propose?

Can the Commission describe the action taken by manufacturers in order to modify the design,
4.
packaging and marketing of toys contained in foodstuffs in the light of all the accidents which have
already occurred?

(1) OJ L 187, 16.7.1988, p. 1.

(2001/C 136 E/065)

WRITTEN QUESTION E-2631/00

by Elisa Damiªo (PSE) to the Commission

(1 August 2000)

Subject: Marketing of toys contained in foodstuffs

A fatal accident has occurred in Portugal
involving a child who died of suffocation caused by a toy
contained in a packet of milk powder. Fatal accidents have occurred in the United Kingdom involving
children who have died of suffocation caused by toys contained in chocolate eggs.

It is a fact that Directive 88/378 (1) on the safety of toys does not fully ensure that the health and safety
objectives it proposed are achieved. What action is the Commission intending to take as regards the need
to lay down revised rules on the marketing of toys contained in foodstuffs?

(1) OJ L 187, 16.7.1988, p. 1.

(2001/C 136 E/066)

WRITTEN QUESTION E-2632/00

by Carlos Lage (PSE) to the Commission

(1 August 2000)

Subject: Marketing of toys contained in foodstuffs

In view of the fatal accidents which have occurred in Portugal and the United Kingdom involving children
who have died of suffocation caused by toys or other objects contained in milk powder and chocolate
eggs. Can the Commission report on the action taken following the meeting on 16 May 2000 of the
Committee on Product Safety Emergencies as regards the need for food products and non-food products to
be marketed in separate packaging?

Can the Commission explain why it has not yet proposed any specific action to restrict the indiscriminate
sale of food products containing objects, in particular toys?

Joint answer
to Written Questions E-2630/00, E-2631/00 and E-2632/00
given by Mr Byrne on behalf of the Commission

(19 October 2000)

The Commission has examined all aspects of the combination of non-food products with foodstuffs with
the help of the national consumer protection experts of the Committee on Product Safety Emergencies set
up by Council Directive 92/59/EEC of 29 June 1992 on general product safety (1). On 23 May 2000, the