2003/368/EC: Commission Decision of 20 May 2003 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(2003) 1605)
Date: 2003-05-20
Institutions: European Commission
Subjects: early childhood, marketing restriction, plastics, product safety, toxic substance, toy industry

L 125/12

EN

Official Journal of the European Union

21.5.2003

COMMISSION DECISION

of 20 May 2003

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(2003) 1605)

(Text with EEA relevance)

(2003/368/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
2003/113/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).

23 March 1993 on the evaluation and control of the
risks of existing substances (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
2003. Therefore it is necessary to ensure that the validity
of these measures is prolonged.

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

(5)

(6)

(7)

(8)

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

(2)

The validity of Decision 1999/815/EC was limited to
in accordance with the provision of
three months,
the
Article 11(2) of Directive 92/59/EEC. Therefore,
validity of the Decision was to expire on 8 March 2000.

HAS ADOPTED THIS DECISION:

(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 2003.

Article 1

In Article 5 of Decision 1999/815/EC the words ‘20 May 2003’
are replaced by the words ‘20 August 2003’.

(4)

relevant

developments

Some
place
concerning the validation of phthalates migration test
methods and the comprehensive risk assessment of these
phthalates under Council Regulation (EEC) No 793/93 of

taken

have

(1) OJ L 228, 11.8.1992, p. 24.
(2) OJ L 315, 9.12.1999, p. 46.
(3) OJ L 46, 20.2.2003, p. 27.

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.

(4) OJ L 84, 5.4.1993, p. 1.

21.5.2003

EN

Official Journal of the European Union

L 125/13

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 20 May 2003.

For the Commission

David BYRNE

Member of the Commission