2001/804/EC: Commission Decision of 20 November 2001 prolonging for the eighth 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 (Text with EEA relevance) (notified under document number C(2001) 3717)
Date: 2001-11-20
Institutions: European Commission
Subjects: early childhood, marketing restriction, plastics, product safety, toxic substance, toy industry

L 304/26

EN

Official Journal of the European Communities

21.11.2001

COMMISSION DECISION

of 20 November 2001

prolonging for the eighth time the validity of Decision 1999/815/EC concerning measures prohi-
biting 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(2001) 3717)

(Text with EEA relevance)

(2001/804/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

(5)

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

therefore,

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 (3), 2000/
381/EC (4), 2000/535/EC (5), 2000/769/EC (6), 2001/
195/EC (7), 2001/467/EC (8) and 2001/665/EC (9) for an
additional period of three months each time, in accord-
ance with the provision of Article 11(2) of the said

(1) OJ L 228, 11.8.1992, p. 24.
(2) OJ L 315, 9.12.1999, p. 46.
(3) OJ L 68, 16.3.2000, p. 62.
(4) OJ L 139, 10.6.2000, p. 40.
(5) OJ L 229, 6.9.2000, p. 27.
(6) OJ L 306, 7.12.2000, p. 37.
(7) OJ L 69, 10.3.2001, p. 37.
(8) OJ L 163, 20.6.2001, p. 30.
(9) OJ L 233, 31.8.2001, p. 51.

Directive; therefore the validity of the Decision is to
expire on 21 November 2001,

Some relevant developments have taken place recently
concerning the validation of phthalates migration test
methods and the comprehensive risk assessment of these
phthalate esters under the Existing Substances Regula-
tion (793/93/EC). However, further work in this area is
still necessary to try to solve some crucial outstanding
difficulties.

Pending resolution of the outstanding issues, and in
order to guarantee the objectives of Decision 1999/
815/EC and its prolongation under Decisions 2000/
217/EC, 2000/381/EC, 2000/535/EC, 2000/769/EC,
2001/195/EC, 2001/467/EC and 2001/665/EC it
is
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,
2001/
195/EC, 2001/467/EC, and 2001/665/EC by measures
applicable until 21 November 2001. Therefore it
is
necessary to ensure that the validity of these measures is
prolonged.

2000/769/EC,

2000/535/EC,

It
is therefore necessary to prolong the validity of
Decision 1999/815/EC for an eighth 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
the Emergencies
accordance with the opinion of
Committee,

(6)

(7)

(8)

(9)

HAS ADOPTED THIS DECISION:

Article 1

In Article 5 of Decision 1999/815/EC the words ‘21 November
2001’ are replaced by the words ‘20 February 2002’.

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Official Journal of the European Communities

L 304/27

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, 20 November 2001.

For the Commission

David BYRNE

Member of the Commission