WRITTEN QUESTION E-0534/02 by Pernille Frahm (GUE/NGL) to the Commission. Brominated flame retardants in toys.
Date: 2002-02-28
Institutions: European Parliament, Provisional data
Subjects: chemical product, consumer protection, dangerous substance, health risk, product safety, toy industry

C 172 E/210

Official Journal of the European Communities

EN

18.7.2002

Commission responsible; these press conferences are broadcast on EbS, usually live, and repeated regularly.
All ‘Europe by satellite’ programmes are directly available on Europa, the Community’s internet site.

On 20 December 2001, to mark the launch of euro coins and notes, the Commission held an open session
which was broadcast in its entirety by EbS and in part by the EBU.

(1) Last week of December and all of August.
(2) OJ L 308, 8.12.2000.
(3) OJ L 345, 29.12.2001.

(2002/C 172 E/224)

WRITTEN QUESTION E-0534/02

by Pernille Frahm (GUE/NGL) to the Commission

(28 February 2002)

Subject: Brominated flame retardants in toys

There are at present no regulations on the use of brominated flame retardants in toys. What action does
the Commission intend to take to ensure that toys do not contain brominated flame retardants which are
harmful to health?

Answer given by Mr Liikanen on behalf of the Commission

(22 April 2002)

Brominated flame retardants are used in certain consumer products to prevent fire from taking hold
quickly. They are most commonly used in housings of electric and electronic goods, in foams for vehicle
upholstery, furniture and insulation and in certain textiles.

The most widely used brominated flame retardants are subject to risk assessments in the framework of
Council Regulation (EEC) 793/93 of 23 March 1993 on the evaluation and control of existing
substances (1). The risk assessment of pentabromodiphenyl ether (pentaBDE) is finalised and concluded
that
the substance poses risks to health and the environment. The Commission has proposed an
amendment to Directive 76/769/EEC on restrictions on the marketing and use of dangerous substances
and preparations introducing a ban on pentaBDE in all articles, toys included (2). Following completion of
the other risk assessments the Commission will, if appropriate, and with particular attention to children’s
health risks propose risk reduction measures.

Council Directive 88/378/EEC of 3 May 1988 amended by Council Directive 93/68/EEC of 22 July 1993,
on toys safety (3) sets the essential requirements that any toy has to fulfil before being placed in the
Community market. One of the essential requirements that concerns chemicals is that toys must not
present health hazards or risks of physical injury by ingestion, inhalation or contact with skin, mucous
tissues or eyes.

The toys safety Directive requires that toys do not contain dangerous substances or preparations within the
meaning of Council Directives 67/548/EEC of 27 June 1967 on the approximation of laws, regulations
and administrative provisions relating to the classification, packaging and labelling of dangerous
substances (4) and 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States
concerning the safety of toys (5) in amounts that may harm the health of children using them. The toys
safety Directive itself sets limit values for the bioavailability resulting from the use of toys.

In the field of standardisation work, the Commission has given a mandate to the European Committee for
Standardisation (CEN) to prepare three European standards concerning the risks associated with the
presence of organic chemical compounds in toys. This standardisation work includes among other

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Official Journal of the European Communities

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substances two brominated flame retardants: octabromodiphenyl ether and pentabromodiphenyl ether
(pentaBDE). The European Committee for standardisation will develop a method to detect the presence of
these substances in toys.

(1) OJ L 84, 5.4.1993.
(2) OJ C 154 E, 29.5.2001.
(3) OJ L 220, 30.8.1993.
(4) OJ P 196, 16.8.1967.
(5) OJ L 187, 16.7.1988.

(2002/C 172 E/225)

WRITTEN QUESTION E-0535/02

by Rainer Wieland (PPE-DE) to the Commission

(28 February 2002)

Subject: Recognition of entitlements acquired in Italy by foreign language assistants

In the light of the judgments handed down on 30 May 1989 in Case 33/88 and on 2 August 1993 in
Cases C-259/91, C-331/91 and C-332/91 and of an initial infringement procedure (No 92/4660) brought
by the Commission pursuant to former Article 169 of the EC Treaty (now Article 226), the Italian
Government enacted Law No 236 of 21 June 1995 on the reform of foreign language teaching in Italian
universities. After that law had entered into force, the Commission received a number of complaints from
former
foreign language assistants alleging discrimination by Italian universities. The Commission
subsequently brought infringement proceedings against the Italian Republic. In its decision of 26 June
2001 in that case (C-212/99), the Court of Justice found for the plaintiffs and decided that the Italian
Republic had failed to fulfil its obligations under the former Article 48 of the EC Treaty (now Article 39) in
that it had failed to ensure recognition of the entitlements acquired by the former foreign language
assistants.

Further to the decisions of the Court of Justice enumerated above:

1. Does the Commission have any information as to whether or not the Italian Republic has now
adopted national legislation in compliance with Article 39 of the EC Treaty so as to take account of
the entitlements acquired by the former foreign language assistants?

2.

If it has not done so, does the Commission intend to bring proceedings for the enforcement of the
judgment referred to above pursuant to Article 228 of the EC Treaty for failure to fulfil an obligation
deriving from the judgment of the Court of Justice of 26 June 2001 (C-212/99)? Should the Italian
Republic continue to fail to act, will the Commission apply to the Court of Justice for the imposition
of financial penalties on the Italian Republic?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 April 2002)

On 31 January 2002, the Commission sent a letter of formal notice to the Italian authorities and asked for
information about the measures taken by Italy to comply with the judgment of the Court of Justice of
26 June 2001 in Case C-212/99. If the Commission considers that Italy has not taken such measures or
when the measures taken are considered unsatisfactory or insufficient, the Commission can, in accordance
with Article 228(2) of the EC Treaty, issue a reasoned opinion.

If Italy fails to take the necessary measures to comply with the judgment within the time limit laid down
by the Commission, the Commission may bring the case before the Court of Justice again.