2002/372/EC: Commission Decision of 17 May 2002 amending 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) 1869)
Date: 2002-05-17
Institutions: European Commission
Subjects: early childhood, marketing restriction, plastics, product safety, public health, toxic substance, toy industry

L 133/42

EN

Official Journal of the European Communities

18.5.2002

COMMISSION DECISION

of 17 May 2002

amending 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(2002) 1869)

(Text with EEA relevance)

(2002/372/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 11(2)
thereof,

Whereas:

(1)

The Commission adopted, on 7 December 1999,
Decision 1999/815/EC (2), as last amended by Decision
2002/152/EC (3), 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 phthalate
(DBP), di-iso-decyl phthalate (DIDP), di-n-octyl phthalate
(DNOP), and butylbenzyl phthalate (BBP).

(2)

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. Therefore,
the
validity of the Decision was to expire on 8 March 2000.

(3) 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 was
prolonged under several Decisions for an additional
period of three months each time, and is now to expire
on 20 May 2002.

(4)

(5)

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 (4). 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 prolongations, 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 by measures applicable until 20 May
the
it
2002. Therefore,
validity of these measures is prolonged.

is necessary to ensure that

It
is therefore necessary to prolong the validity of
Decision 1999/815/EC in order to ensure that all the
Member States maintain the prohibition provided for by
that Decision.

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 words ‘20 May 2002’
are replaced by the words ‘20 August 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.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 17 May 2002.

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.
(3) OJ L 50, 21.2.2002, p. 96.
(4) OJ L 84, 5.4.1993, p. 1.