2004/178/EC: Commission Decision of 20 February 2004 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(2004) 524)
Date: 2004-02-20
Institutions: European Commission
Subjects: early childhood, plastics, product safety, public health, toxic substance, toy industry

L 55/66

EN

Official Journal of the European Union

24.2.2004

COMMISSION DECISION

of 20 February 2004

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(2004) 524)

(Text with EEA relevance)

(2004/178/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Directive 2001/95/EC of the European Parlia-
ment and of the Council of 3 December 2001 on general
product safety (1) and in particular Article 13(2) thereof,

Whereas:

(1)

On 7 December 1999, the Commission adopted Deci-
sion 1999/815/EC (2) based on Article 9 of Directive 92/
59/EEC (3), 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 provided
for 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 February 2004.

(4)

have

taken

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
23 March 1993 on the evaluation and control of the
risks of existing substances (4). The Parliament and the
Council are considering permanent measures to deal

(1) OJ L 11, 15.1.2002, p. 4.
(2) OJ L 315, 9.12.1999, p. 46. Decision as last amended by Decision

2003/819/EC (OJ L 308, 25.11.2003, p. 23).

(3) OJ L 228, 11.8.1992, p. 24. Directive as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(4) OJ L 84, 5.4.1993, p. 1. Regulation as amended by Regulation (EC)

No 1882/2003.

(5)

(6)

(7)

(8)

with the risks posed by the products in question, but
more time is needed to complete deliberations on the
subject, in particular in order to take into account all the
new scientific developments.

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 February
2004. 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

Directive 92/59/EEC has been repealed from 15 January
2004 and replaced on the same date by Directive 2001/
95/EC. Article 13(2) of Directive 2001/95/EC states that
Commission decisions requiring Member States to take
measures to prevent serious risks posed by certain
products shall be valid for periods not exceeding one
year and may be confirmed for additional periods none
of which shall exceed one year.
It is appropriate to
prolong the validity of Decision 1999/815/EC for a
period of six months, in order to allow sufficient time to
make progress with the permanent measures referred to
in recital 4, while ensuring the possibility of re-exam-
ining,
in due time, the duration of the validity of the
Decision.

(9)

The measures provided for in this Decision are in
accordance with the opinion of the Committee estab-
lished by Article 15 of Directive 2001/95/EC,

24.2.2004

EN

Official Journal of the European Union

L 55/67

HAS ADOPTED THIS DECISION:

Article 3

Article 1

This Decision is addressed to the Member States.

In Article 5 of Decision 1999/815/EC ‘20 February 2004’ is
replaced by ‘20 August 2004’.

Article 2

Member States shall immediately take the necessary measures
to comply with this Decision and publish those measures. They
shall immediately inform the Commission thereof.

Done at Brussels, 20 February 2004.

For the Commission

David BYRNE

Member of the Commission