2002/152/EC: Commission Decision of 19 February 2002 prolonging for the ninth 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(2002) 541)
Date: 2002-02-19
Institutions: European Commission
Subjects: early childhood, plastics, product safety, public health, toxic substance, toy industry

L 50/96

EN

Official Journal of the European Communities

21.2.2002

COMMISSION DECISION

of 19 February 2002

prolonging for the ninth 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(2002) 541)

(Text with EEA relevance)

(2002/152/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,

(5)

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/

(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 163, 10.6.2000, p. 40.
(5) OJ L 226, 6.9.2000, p. 27.
(6) OJ L 306, 7.12.2000, p. 37.

195/EC (7), 2001/467/EC (8), 2001/665/EC (9) and 2001/
804/EC (10), for an additional period of three months
each time, in accordance with the provision of Article
11(2) of the said Directive; therefore the validity of the
Decision is to expire on 20 February 2002.

Some relevant developments have taken place recently
concerning the validation of phthalates migration test
methods and the comprehensive risk assessment of these
phthalates under
the existing substances Regulation
(Council Regulation (EEC) No 793/93 (11)). 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, 2001/665/EC and 2001/
804/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, 2001/665/EC, and 2001/804/EC
by measures applicable until 20 February 2002. There-
fore, 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 a ninth 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.

(6)

(7)

(8)

(9)

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

(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.
(10) OJ L 304, 21.11.2001, p. 26.
(11) OJ L 84, 5.4.1993, p. 1.

21.2.2002

EN

Official Journal of the European Communities

L 50/97

HAS ADOPTED THIS DECISION:

Article 3

Article 1

This Decision is addressed to the Member States.

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

Done at Brussels, 19 February 2002.

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.

For the Commission

David BYRNE

Member of the Commission