2004/781/EC: Commission Decision of 18 November 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) 4403)Text with EEA relevance
Date: 2004-11-18
Institutions: European Commission
Subjects: early childhood, market approval, plastics, product safety, public health, toxic substance, toy industry

20.11.2004

EN

Official Journal of the European Union

L 344/35

COMMISSION

COMMISSION DECISION

of 18 November 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) 4403)

(Text with EEA relevance)

(2004/781/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

the European
Having regard to Directive 2001/95/EC of
Parliament and of
the Council 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
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 envisaged
to prolong its validity if necessary. The validity of the
measures adopted under Decision 1999/815/EC was

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

2004/624/EC (OJ L 280, 31.8.2004, p. 34).

(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).

prolonged under several Decisions for additional periods
of three months or six months each time, and last time
for an additional period of three months, and is now to
expire on 20 November 2004.

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
on the evaluation and control of the risks of existing
substances (4).

Pending the adoption by the Parliament and Council of
the permanent measures, and the entry into force of the
corresponding implementing measures in the Member
to guarantee the objectives of
States and in order
Decision 1999/815/EC and its prolongations,
is
necessary to maintain the prohibition of the placing on
the market of the products considered.

it

Certain Member States have
1999/815/EC
by measures
November 2004. Therefore it
that the validity of these measures is prolonged.

implemented Decision
applicable
20
is necessary to ensure

until

is

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

(4)

(5)

(6)

(7)

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

NO 1882/2003.

L 344/36

EN

Official Journal of the European Union

20.11.2004

(8)

states

2004,

that Commission

Article 13(2) of Directive 2001/95/EC, which has
repealed and replaced Directive 92/59/EC from 15
January
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.
is appropriate to prolong the
validity of Decision 1999/815/EC for a period of 10
the
months,
adoption
permanent
implementation
measures referred to in recital 5.

to allow sufficient

in order
and

time for

the

of

It

Article 1

In Article 5 of Decision 1999/815/EC the words ‘20 November
2004’ are replaced by the words ‘20 September 2005’.

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.

Article 3

This Decision is addressed to the Member States.

(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,

Done at Brussels, 18 November 2004.

HAS ADOPTED THIS DECISION:

For the Commission

David BYRNE
Member of the Commission