WRITTEN QUESTION E-0944/04 by Paulo Casaca (PSE) to the Commission. Components of small toys in food products.
Date: 2004-03-26
Institutions: European Parliament, Provisional data
Subjects: European standard, child, consumer protection, foodstuff, product safety, safety standard, standardisation, toy industry

C 84 E/920

Official Journal of the European Union

EN

3.4.2004

Answer given by Mr Prodi on behalf of the Commission

(30 April 2004)

In May 2003, the Directorates-General for Enlargement, General Press and Communication and Secretariat
General launched a call for proposals in the audiovisual sector, totalling EUR 16,5 million. It was intended
for television and radio broadcasters and covered Enlargement,
the EU and General
Information on the EU.

the Future of

The Honourable Member can find the results on the following sites:

(cid:1) for

‘Enlargement’:

(http://europa.eu.int/comm/enlargement/communication/pdf/audiovisual_2003_re-

sult_fr.pdf)

(cid:1) for

‘Future of

the EU’ and ‘General

Information on the EU’:

(http://europa.eu.int/comm/dgs/

press_communication/grants/grants_en.htm)

(2004/C 84 E/1017)

WRITTEN QUESTION E-0944/04

by Paulo Casaca (PSE) to the Commission

(26 March 2004)

Subject: Components of small toys in food products

Given the accident statistics involving child suffocation by toys made up of small components, and
specifically those to be found in food products.

Given the fact that the recommended age limit for these products is extremely low (normally age three)
and that according to paediatricians children between the age of three and five tend to put any objects
within their reach in their mouths.

Given that products of this type have been banned in the USA for decades, due to the inherent danger
they represent.

Given that most European manufacturers do not sell this type of product.

Would the Commission, as part of its revision of the Toys Directive, consider:

(cid:1) imposing larger minimum size standard patterns for the component pieces of toys, so as to prevent

further serious accidents involving small components (cylinders as a child safety pattern);

(cid:1) imposing a higher recommended age limit for these products?

Answer given by Mr Liikanen on behalf of the Commission

(29 April 2004)

The Commission can inform the Honourable Member that the draft proposal for a revision of Council
Directive 88/378/EEC of 3 May 1988 on the safety of toys (1) is for the moment being discussed, in the
framework of the Expert Group on the safety of toys, with the Member States, the associations of
consumers and industry as well as with the standardisation organisations. The issue of toys contained in
foodstuffs is, therefore, open for discussion in this context.

3.4.2004

EN

Official Journal of the European Union

C 84 E/921

In general, it must be remembered that it is important for the intellectual development of children above a
certain age, that they are able to play with toys containing small parts. The possible need for requirements
for toys contained in foodstuffs can, however, in principle be addressed by provisions on age limits. Toys
should only be marketed in combination with food if they are suitable for the age group that is likely to be
the user. The possibility of clarification as regards the appropriate clearly legible warnings of the choking
hazards on these products is also being examined.

Furthermore, in the context of the standardisation process which involves the participation of Member
States and stakeholders, certain relevant questions can be addressed, like the possible need to change the
cylinder test for small parts.

An impact assessment study on the revision of the Toys Directive is being carried out for the moment to
examine the appropriate changes needed to the current Toys Directive.

(1) OJ L 187, 16.7.1988.

(2004/C 84 E/1018)

WRITTEN QUESTION E-0951/04

by Angelika Niebler (PPE-DE) to the Commission

(29 March 2004)

Subject: Interpretative notes relating to the transposition into national

law of the Directives on the

electricity and gas markets in the European Union

On 22 January 2004, and after the text had undergone a series of revisions, the Energy and Transport DG
published on the Internet interpretative notes for the transposition into national law of the Directives on
the electricity and gas markets in the European Union. Those interpretative notes lay down the procedures
for the transposition by the Member States of Directives 2003/54/EC (1) and 2003/55/EC (2) into national
law. They include some very detailed and far-reaching requirements which exceed those laid down in the
Directives. For example, the role and actions of national regulatory authorities are specified in detail, and
that restricts the Member States’ room for manoeuvre originally laid down. There is a danger that, in the
final analysis, the interpretative notes will contribute to legal uncertainty and create effects which were not
intended by the bodies which participated in the legislative process.

1.

In the Commission’s view, what role should the interpretative notes play in the transposition process?

Does the Commission share the view that the possibility cannot be excluded that the interpretative

2.
notes may lead to the creation of a de facto binding effect?

In the Commission’s view, how will the interpretative notes guarantee that the Member States have

3.
the requisite room for manoeuvre when they transpose the Directives referred to above?

In the Commission’s view, can the possibility be excluded that the interpretative notes will be used as
4.
a yardstick for the assessment of national transposition measures and/or that they will be attributed a
specific role in any actions brought before the European Court of Justice in connection with such
transposition?

Do the interpretative notes simply reflect the opinion of the Energy and Transport DG, or does the

5.
Commission as a body approve the notes and their content?

The Directives referred to are the outcome of a common legislative process. That being the case,
6.
should not the interpretative notes have been mutually agreed by the bodies which participated in the
legislative process?

(1) OJ L 176, 15.7.2003, p. 37.
(2) OJ L 176, 15.7.2003, p. 57.