2002/910/EC: Commission Decision of 18 November 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) 4435)
Date: 2002-11-18
Institutions: European Commission
Subjects: early childhood, plastics, product safety, public health, toxic substance, toy industry

19.11.2002

EN

Official Journal of the European Communities

L 315/21

COMMISSION DECISION

of 18 November 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) 4435)

(Text with EEA relevance)

(2002/910/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, Deci-
sion 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 November 2002.

(4)

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

(5)

(6)

(7)

(8)

the outstanding issues, and in
Pending resolution of
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 November
2002. Therefore,
the
it
validity of these measures is prolonged.

is necessary to ensure that

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

to ensure that all

The measures provided for in this Decision are in accor-
dance with the opinion of the Emergencies Committee,

HAS ADOPTED THIS DECISION:

Article 1

In Article 5 of Decision 1999/815/EC the words ‘20 November
2002’ are replaced by the words ‘20 February 2003’.

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.

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 18 November 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.