Second regulation to the German equipment and product safety Act (regulation concerning the safety of toys) (2. GPSGV) 2. GPSGV Ausfertigung date. Ira’s 28** 9ZZ*t I20’2 ‘* 61’* ‘9I OOG’OO ‘Z2 Z19* ‘8I9 ‘9H A?a goifil’iqvti jo gpsgv \v}
|Published (Last):||3 January 2007|
|PDF File Size:||13.81 Mb|
|ePub File Size:||11.78 Mb|
|Price:||Free* [*Free Regsitration Required]|
In Januarythe German Federal Government requested the EC for the permission to retain the current national provisions for lead, arsenic, mercury, barium, antimony, nitrosamines and nitrosatable substances in toys beyond 20 July when the new chemicals requirements gpsgvv the Toy Safety Directive TSD would enter into force. Done gpsbv Brussels, 4 August By letter of 24 June the Commission informed the other Member States of the notification received from the German Federal Government.
As there are no applicable EU provisions on nitrosamines and nitrosatable substances released from toys, Annex 4, point 1. Point 13 of part III of Annex II to the Directive contains specific migration limits for several elements, including lead, arsenic, mercury, barium and antimony.
These limits have been applicable in the EU since If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 36, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.
In particular, health assessment from the BfR gpdgv lead, antimony, barium, arsenic and mercury, as well as on nitrosamines and nitrosatable substances, dating from Januarywas g;sgv.
These recommendations were gpagv by the Commission and experts from Member States. This decision is provisional and is valid until the General Court or the Court of Justice has rendered its final judgement. In Marchthe EC granted only certain parts of the applicationstating that it was not justified to retain the national provisions for mercury, arsenic and antimony.
The Scientific Committee for Consumer Safety SCCS is currently evaluating the seriousness of the risk posed by the presence of nitrosamines and nitrosatable substances in balloons gpsvv cosmetic products. Article 4 concerns cases in which national hpsgv are notified in relation to an EU harmonisation measure, where the former were adopted and entered into force before the adoption of the latter and where the maintenance of the national provisions would be incompatible with the EU harmonisation measure.
Furthermore, on 5 Aprilgpsgvv working group recommended to Member States experts the amendment of the current values for lead downwards.
EUR-Lex – D – GA – EUR-Lex
The detailed provisions on nitrosamines and nitrosatable substances are laid down in Annex 4, point 1. These provisions were adopted inin the context of the absence of specific EU provisions on nitrosamines and nitrosatable substances in toys.
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 6 thereof. However, in view of the complexity of the matter and of the absence of evidence highlighting a danger for human health, the Commission considers it justified to extend the period referred to in Article 6first subparagraph, for a gpegv period expiring on 5 March.
December, Relevant for: In the bpsgv of the foregoing, the Commission concludes that the application of Germany, completely notified to it on 2 Marchwith a view of obtaining approval for maintaining the values for lead, arsenic, mercury, barium and antimony, as well as for nitrosamines and nitrosatable substances, for use in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth, is admissible.
Bain triail as Cuardach casta. They were adopted and entered into force in andtherefore before the adoption of that Directive. Amendment to acoustic requirements for toys is published and harmonised Recent California Proposition 65 reformulation requirements. A formal proposal is planned for adoption in the first half of The working group discussed the current glsgv values for barium, and stated that no new scientific evidence was available; however different assessments by scientific organisations were taken.
The Commission Decision pursuant to Article 6first subparagraph, should therefore await the outcome gpagv the ongoing discussions and evaluations, in order to carefully assess all relevant gpsgc or future evidence and draw consequences as regards to the national measures.
The application submitted by Germany contains an explanation of the reasons relating gpsbv the protection of the human health which, in the opinion of Germany, justify the maintenance of its national provisions. Germany continues to apply stricter chemical limits in toys. Tuilleadh roghanna cuardaigh uait? The directive foresees, in Article 46, the possibility to amend certain chemical-related provisions in order to ensure alignment on technical and scientific developments. The information received from the BfR contains detailed and complex toxicological data on the abovementioned substances, as well as extended references to scientific reports and literature.
The Bpsgv will seek the opinion of the working group on the detailed justification received from Germany, to determine if it can be considered as new scientific information and therefore used as a basis for amending the chemical provisions of the Directive by setting out stringent requirements.
Germany continues to apply stricter chemical limits in toys
Take the next step How can we help you? In the light of the foregoing, the Commission considers that the application submitted by Germany with a view to obtaining authorisation to maintain its national provisions on the five elements: Article 4 and 6 TFEU provides: The following limits shall not be exceeded: At the time of adoption of the Directive May Germany voted against its adoption gpsvg reasons including its view that the level of protection as regards the chemical requirements is inadequate.
Furthermore, Article gpdgv requires that the notification of the national provisions be accompanied by a description of the grounds relating to one or more of the major needs referred to in Article 36 or to the protection of the environment or the working environment. The German Consumer Goods Ordinance. The working group is expected to finalise its recommendations during the meeting of 31 Augustwhich then will be presented to Member States experts in October IO L A complete justification of the request has been sent by the German Federal Government with letter from the Office of its Permanent Representative, dated 2 March This working group, made up of chemical experts from the Czech Republic, Denmark, Germany, France, Italy, the Netherlands, Austria, Sweden and Industry and Consumer organisations evaluates new scientific information and gives recommendations to Member States and the Commission on how to proceed with gpsv amendment of certain chemical provisions contained in the Directive.
Article 1 Pursuant to Article 6third subparagraph, TFEU, the period of 6 months referred to in its first subparagraph to approve or reject the national provisions concerning the five elements lead, arsenic, mercury, barium and antimony, as well as for nitrosamines and nitrosatable substancesnotified by Germany on 2 Marchpursuant to Article 4is extended until 5 March Moreover, Germany applied for an interim relief procedure so as to be able to continue applying the existing national limit values until a final decision has been taken by the General Court of the European Union.
Three different migration limits exist, related to the type of toy material: Highlights of the Decisions are summarised in Table A. Pursuant to Article 6third subparagraph, TFEU, the period of 6 months referred gsgv in its first subparagraph to approve or reject the national provisions concerning the five elements lead, arsenic, mercury, barium and antimony, as well as for nitrosamines and nitrosatable substancesnotified by Germany on 2 Marchpursuant to Article 4is extended until 5 March According to Article 54, Member States shall bring into force national provisions complying with this Directive by 20 Januaryand they shall apply them as from 20 July Germany contested this decision by bringing an action against the EC in May gpsbv ensure that the stricter German limit values would be allowed to remain in place.
In the absence of a Decision by the Commission within this period the national provisions referred to in paragraphs 4 … shall be deemed to have been approved.
The German Federal Government provided several annexes containing detailed justification and scientific information in support of the notified national measures.