2000/769/EC: Commission Decision of 6 December 2000 prolonging for the fourth time 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) 3719) (Text with EEA relevance)
Date: 2000-12-06
Institutions: European Commission
Subjects: early childhood, plastics, product safety, public health, toxic substance, toy industry

7.12.2000

EN

Official Journal of the European Communities

L 306/37

COMMISSION DECISION

of 6 December 2000

prolonging for the fourth time 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) 3719)

(Text with EEA relevance)

(2000/769/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)

On 7 December 1999,
the Commission adopted
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
in accordance with the provision of
three months,
the
Article 11(2) of Directive 92/59/EEC. Therefore,
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.

(4) When adopting Decision 1999/815/EC it was foreseen
to prolong its validity if necessary. The validity of the
measures adopted under Decision 1999/815/EC on the
basis of Article 9 of Directive 92/59/EEC was prolonged
under Commission Decisions 2000/217/EC, 2000/
381/EC and 2000/535/EC for an additional period of
three months each time, in accordance with the provi-
sion of Article 11(2) of the said Directive. Therefore the
validity of the Decision is to expire on 5 December
2000.

(5)

The reasons which motivated Decision 1999/815/EC
and its prolongation under Decisions 2000/217/EC,
2000/381/EC and 2000/535/EC are still valid and it is

therefore necessary to maintain the prohibition of the
placing on the market of the products considered.

Certain Member States have implemented Decision
1999/815/EC, as modified by Decisions 2000/217/EC,
2000/381/EC and 2000/535/EC by measures applicable
until 5 December 2000. Therefore 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 for a fourth time in order to
ensure that all the Member States maintain the prohibi-
tion 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,

(6)

(7)

(8)

HAS ADOPTED THIS DECISION:

Article 1

In Article 5 of Decision 1999/815/EC the date ‘5 December
2000’

is replaced by ‘6 March 2001’.

Article 2

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 3

This Decision is addressed to the Member States.

Done at Brussels, 6 December 2000.

For the Commission

David BYRNE

Member of the Commission

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