15 Amendments of Isabella TOVAGLIERI related to 2023/0290(COD)
Amendment 89 #
Proposal for a regulation
Recital 13
Recital 13
(13) Essential safety requirements for toys should ensure protection from all relevant health and safety hazards posed by toys, for users or third parties. Particular safety requirements should cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene and radioactivity to ensure that the safety of children, and in particular of children with disabilities, is adequately protected against those specific hazards. Since it is possible that toys which present hazards that are not covered by a particular safety requirement might exist or be developed, it is necessary to maintain a general requirement of safety to ensure protection of children in respect of such toys. The safety of toys should be determined by reference to the intended use, while taking into account also the foreseeable use, and bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult user. Together, the general safety requirement and the particular safety requirements should form the essential safety requirements for toys.
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 1 – subparagraph 2
Article 2 – paragraph 1 – subparagraph 2
For the purposes of this Regulation, a product shall be considered to be intended for use in play by children under 14 years of age, or by children of any other specific age group below 14 years, where a parent or supervisor can reasonably assume, by virtue of the functions, dimensions and characteristics of that product, that it is intended for use in play by children of the relevant age group.
Amendment 186 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well- being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
Amendment 192 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where necessary to ensure their safe use, toys shall bear a general warning specifying appropriate user limitations. The user limitations shall include at least the minimum or maximum age of the user and, where appropriate, the required abilities of the user, the maximum or minimum weight of the user and the need to ensure that the toy is used only under adult supervision.
Amendment 215 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
Where manufacturers consider, or have reason to believe, on the basis of the information in that manufacturer's possession, that a toy which they have placed on the market is not in conformity with this Regulation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.
Amendment 218 #
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2 – introductory part
Article 7 – paragraph 8 – subparagraph 2 – introductory part
Where manufacturers consider, or have reason to believe, on the basis of the information in that manufacturer's possession, that a toy presents a risk, they shall immediately provide information thereof to:
Amendment 233 #
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate in an effective manner the risks posed by toys covered by the mandate.
Amendment 273 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Obligations of economic operators in the case of distance sales Where economic operators make toys available on the market online or through other means of distance sales, the offer of those toys shall clearly and visibly indicate at least the following information: (a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic address at which they can be contacted; (b) where the manufacturer is not established in the Union, the name, postal and electronic address of the responsible person within the meaning of Article 16(1) of this Regulation or Article 4(1) of Regulation (EU) 2019/1020 and; (d) any warning or safety information to be affixed to the toy or to the packaging or included in an accompanying document in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers, as determined by the Member State in which the toy is made available on the market.
Amendment 273 #
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article12a Obligations of economic operators in the case of distance sales Where economic operators make toys available on the market online or through other means of distance sales, the offer of those toys shall clearly and visibly indicate at least the following information: (a) name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic address at which they can be contacted; (b) where the manufacturer is not established in the Union, the name, postal and electronic address of the responsible person within the meaning of Article 16(1) of this Regulation or Article 4(1) of Regulation (EU) 2019/1020 and; (d) any warning or safety information to be affixed to the toy or to the packaging or included in an accompanying document in accordance with this Regulation or the applicable Union harmonisation legislation in a language which can be easily understood by consumers, as determined by the Member State in which the toy is made available on the market.
Amendment 349 #
Proposal for a regulation
Article 28 – paragraph 10
Article 28 – paragraph 10
10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Annex IV, except in relation to the competent authorities of the Member State in which its activities are carried out. Intellectual property rights and trade secrets, in accordance with Directive (EU) 2016/943 shall be protected.
Amendment 349 #
Proposal for a regulation
Article 28 – paragraph 10
Article 28 – paragraph 10
10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Annex IV, except in relation to the competent authorities of the Member State in which its activities are carried out. Intellectual property rights and trade secrets, in accordance with Directive (EU) 2016/943 shall be protected.
Amendment 357 #
Proposal for a regulation
Article 41 – paragraph 9
Article 41 – paragraph 9
9. The information referred to in paragraphs 2, 4, 6 and 8 of this Article shall be communicated through the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. That communication shall not affect the obligation on market surveillance authorities to notify measures taken against products presenting a serious risk in accordance with Article 20 of Regulation (EU) 2019/1020 and strictly enforce Article 19 of Regulation (EU) 2019/1020 given the vulnerability of children to defective, unsafe or counterfeit products.
Amendment 357 #
Proposal for a regulation
Article 41 – paragraph 9
Article 41 – paragraph 9
9. The information referred to in paragraphs 2, 4, 6 and 8 of this Article shall be communicated through the information and communication system referred to in Article 34 of Regulation (EU) 2019/1020. That communication shall not affect the obligation on market surveillance authorities to notify measures taken against products presenting a serious risk in accordance with Article 20 of Regulation (EU) 2019/1020 and strictly enforce Article 19 of Regulation (EU) 2019/1020 given the vulnerability of children to defective, unsafe or counterfeit products.
Amendment 430 #
Proposal for a regulation
Annex II – Part A – point 2
Annex II – Part A – point 2
2. N-nitrosamines and N-nitrosatable substances are prohibited in toys where the migration of those substances is equal to or higher than: a) toys intended for use by children under 36 months or in other toys intendedand intended or likely to be placed into the mouth where the migration of those substances is equal to or higher than 0,01 mg/kg for nitrosamines and 0,1 mg/kg for: N-nitrosamines mg/kg: 0,01; N- nitrosatable substances mg/kg: 0,1 b) toys intended for use by children under 36 months not covered by a): N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 c) toys intended for use by children of 36 months and over and intended to be placed into the mouth: N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 d) balloons: N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 e) finger paints: N-nitrosamines mg/kg: 0,02; N- nitrosatable substances. mg/kg: 1
Amendment 430 #
Proposal for a regulation
Annex II – Part A – point 2
Annex II – Part A – point 2
2. N-nitrosamines and N-nitrosatable substances are prohibited in toys where the migration of those substances is equal to or higher than: a) toys intended for use by children under 36 months or in other toys intendedand intended or likely to be placed into the mouth where the migration of those substances is equal to or higher than 0,01 mg/kg for nitrosamines and 0,1 mg/kg for: N-nitrosamines mg/kg: 0,01; N- nitrosatable substances mg/kg: 0,1 b) toys intended for use by children under 36 months not covered by a): N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 c) toys intended for use by children of 36 months and over and intended to be placed into the mouth: N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 d) balloons: N-nitrosamines mg/kg: 0,05; N- nitrosatable substances mg/kg: 1 e) finger paints: N-nitrosamines mg/kg: 0,02; N- nitrosatable substances. mg/kg: 1