2004/624/EC: Commission Decision of 19 August 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) 3071)(Text with EEA relevance)
Date: 2004-08-19
Institutions: European Commission
Subjects: early childhood, plastics, product safety, public health, toxic substance, toy industry

L 280/34

EN

Official Journal of the European Union

31.8.2004

COMMISSION DECISION

of 19 August 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) 3071)

(Text with EEA relevance)

(2004/624/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to European Parliament and Council Directive
2001/95/EC of 3 December 2001 on General Product
Safety (1), and in particular Article 13(2) thereof,

Whereas:

(1)

The Commission adopted, on 7 December 1999,
Decision 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),
dibutyl
phthalate (DBP), di-iso-decyl phthalate (DIDP), di-n-octyl
phthalate (DNOP), and butylbenzyl phthalate (BBP).

di(2-ethylhexyl)

phthalate

(DEHP),

(2)

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

(3) When adopting Decision 1999/815/EC it was foreseen to
the
prolong its validity if necessary. The validity of
measures adopted under Decision 1999/815/EC was
prolonged under several Decisions for an additional
period of three months each time, and last time for an
additional period of six months, and is now to expire on
20 August 2004.

(4)

Some relevant developments have taken place concerning
the validation of phthalates migration test methods, the
assessment of the safety of substitute substances and the
comprehensive risk assessment of these phthalates under
Council Regulation (EEC) No 793/93 of 23 March 1993

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

2004/178/EC (OJ L 55, 24.2.2004, p. 66).

(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).

(5)

(6)

(7)

(8)

on the evaluation and control of the risks of existing
substances (4). Parliament and Council are considering
permanent measures to deal 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 devel-
opments.

Pending the adoption by the Parliament and Council of
permanent measures, and in order
to guarantee the
objectives of Decision 1999/815/EC and its prolon-
gations,
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 August
the
2004. Therefore it
validity of these measures is prolonged.

is necessary to ensure that

is

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

states

2004,

that Commission

Article 13(2) of Directive 2001/95/EC, which has
repealed and replaced Directive 92/59/EC from 15
decisions
January
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
is appropriate to prolong the
exceed one year.
validity of Decision 1999/815/EC for a period of three
months,
in order to allow sufficient time for making
progress with the permanent measures referred to in
recital 4, while ensuring the possibility of re-examining
in due time the duration of the validity of the Decision.

It

(9)

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

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

No 1882/2003.

31.8.2004

EN

Official Journal of the European Union

L 280/35

HAS ADOPTED THIS DECISION:

Article 3

Article 1

This Decision is addressed to the Member States.

In Article 5 of Decision 1999/815/EC the words ‘20 August
2004’ are replaced by the words ‘20 November 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, 19 August 2004.

For the Commission

David BYRNE
Member of the Commission