20 Amendments of Charlotte CEDERSCHIÖLD related to 2008/0018(COD)
Amendment 121 #
Proposal for a directive
Recital 17
Recital 17
(17) The general and specific chemical requirements in this Directive should aim at protecting the health of children from dangerous substances in toys, while environmental concerns presented by toys are addressed in horizontal environmental legislation applying also to toys, in particular in Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste,to electrical and electronic toys, namely Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment, in and Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, inn waste electrical and electronic equipment. In addition, environmental issues concerning waste are regulated by Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, those concerning packaging by Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste and inthose concerning batteries and accumulators by Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC.
Amendment 128 #
Proposal for a directive
Recital 19
Recital 19
(19) Since toys may exist or be developed which present hazards which are not covered by a particular safety requirement laid down in this Directive, it is necessary to set a general requirement of safety as the legal base for taking action against such toys. In this respect safety of toys should be determined by reference to the intended use of the product while taking into account the foreseeable use, bearing in mind behaviour of children, who do not generally show the same degree of care as the average adult user. If scientific evidence does not allow this risk assessment, Member States, in particular through their competent authorities, should apply the precautionary principle.
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 − subparagraph 1
Article 1 – paragraph 1 − subparagraph 1
1. This Directive lays down rules on the safety, and the free movement in the Community, of products designed or by virtue of their functions, dimensions and characteristics intended, whether or not exclusively, for use in play by children under 14 years of age, hereinafter "toys".
Amendment 184 #
Proposal for a directive
Article 10 – paragraph 2– subparagraph 1
Article 10 – paragraph 2– subparagraph 1
2. The manufacturer shall mark the warnings in a visible, clearly legible and accurate manner, so that they are conspicuously displayed on the toy, on an affixed label or on the consumer packaging and, if appropriate, on the instructions for use which accompany the toy. Small toys that are sold without packaging shall have appropriate warnings affixed to them.
Amendment 187 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
When appearnings specifying the minimum and maximum ages for users shall be visible, on the package or on the label attached thereto, the warnings shall be printed on the package or on the label in a legible way and conspicuously displayed atshall be presented in such a way as to ensure a significant contrast between the porint of saleand the background.
Amendment 188 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2
Article 10 – paragraph 2 – subparagraph 2
Warnings, specifying the minimum and maximum ages for users shall be visible, legible and conspicuously displayed at the point of sale. Warnings that are necessary for a choice of toy that is safe in connection with the intended use or user shall appear on the consumer packaging or on the internet web page or be otherwise attached to the toy in such a way that the consumer can read it before purchase.
Amendment 193 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
Warnings of hazards that occur every time the toy is used shall be permanently marked on the toy.
Amendment 200 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. If the references in the Official Journal of the European Union to a harmonised standard as referred to in this Article are published or maintained with restrictions, the Commission may, in accordance with the regulatory procedure with scrutiny referred to in Article 46(2), adopt a decision indicating the reasons for the restriction. The Decision shall make clear whether a toy complying with the harmonised standard as completed by Decision shall be presumed to be in conformity with the requirements covered by the standard and the Decision.
Amendment 204 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By drawing up the EC declaration of conformity, the manufacturer shall assume the responsibility for the compliance of the toy. A copy of the EC Type Certificate shall be made available to the relevant authorities, as well as economic operators in the supply chain, upon request.
Amendment 206 #
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. TMember States may not prevent toys not bearing a CE-marking andor which do not otherwise comply with the provisions of this Directive mayfrom featureing in trade fairs and exhibitions, provided that they are accompanied by a sign which clearly indicates that the toys do not comply with the requirements of this Directive and are not for sale or for distribution free of charge.
Amendment 226 #
Proposal for a directive
Article 45 - paragraph 1 - subparagraph 2
Article 45 - paragraph 1 - subparagraph 2
Those measures, designed to amend non- essential elements of this RegulationDirective, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46 (2).
Amendment 233 #
Proposal for a directive
Article 45 - paragraph 2
Article 45 - paragraph 2
Amendment 237 #
Proposal for a directive
Article 45 - paragraph 2 a (new)
Article 45 - paragraph 2 a (new)
2a. The Commission may, for the purpose of enhancing the standardisation process, amend the mandate for a standard not adopted within the given time frame, specifying threshold limits and the other criteria necessary for the compliance of the standard with the essential safety requirements set out in Article 9(2) and in Annex II. Those measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2).
Amendment 239 #
Proposal for a directive
Article 45 - paragraph 2 a (new)
Article 45 - paragraph 2 a (new)
2a.The Commission may, for the purpose of addressing hazards not covered by any specific safety requirement, amend Annex II by adding specific safety requirements. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2).
Amendment 245 #
Proposal for a directive
Article 52
Article 52
Member States shall not impede the placing on the market of toys which are in accordance with Directive 88/378/EEC and which weare placed on the market before this Directive entered into for[2 years after the entry into force of this Directive]. Annex II, Part III shall only apply to toys placed or at the latest 2n the market after [5 years after this Directive enteredry into force. of this Directive/31 May 2013]
Amendment 251 #
Proposal for a directive
Annex I – point 17 a (new)
Annex I – point 17 a (new)
17a. Books that do not contain any elements or added objects others than those in paper or cardboard.
Amendment 292 #
Proposal for a directive
Annex II – Part I – point 10
Annex II – Part I – point 10
10. Toys which are designed to emit a sound should be so designed and constructed so that the sound from them is not able to impair children’s hearing. This shall apply to all toys irrespective of the age group targeted. The limit for toys with impulse noise should be 115 dB LpC peak at the ear. The limit for toys with prolonged noise should be 80 dB LpC peak at the ear.
Amendment 299 #
Proposal for a directive
Annex II – Part III – point 3
Annex II – Part III – point 3
3. Without prejudice to the application of the restrictions under the first sentence of point 2, the use in toys of substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR) according to Directive 67/548/EEC in individual concentrations equal to or greater than the relevant concentrations established for the classification of preparations containingnd endocrine disrupting substances according to Directive 67/548/EEC and other substances listed in the candidate list established according to Regulation (EC) No 1907/2006 (REACH) shall for health reasons be prohibited deleted. The presence of these substances in accordance with the provisions of Directive 1999/45/EC shall be prohibited, exceptshall only be allowed provided that such presence is technically unavoidable in good manufacturing practice or if the substances are contained in components of toys or micro-structurally distinct parts of toys that are not accessible to any physical contactin any circumstances accessible by children.
Amendment 347 #
Proposal for a directive
Annex II – Part III – point 8
Annex II – Part III – point 8
8. The following migration limits, from toys or components of toys that are accessible to children during use as specified in the first subparagraph of Article 9 (2), shall not be exceeded: Element mg/kg in mg/kg dry, brittle, in liquid or dry, brittle, in liquid or powder-like sticky powder-like sticky or toy material or toy material pliable toy pliable toy material material Aluminium 5625 1406 Antimony 45 11.3 Arsenic 7.51.9 Barium 4500 1125 Boron 1200 300 Cadmium 3.80.9 Chromium 37.5 9.4 (III) Chromium 0.04 (VI) Cobalt 10.5 2.6 Cobalt Copper 622.5 156 Copper Lead 27 Manganese 1200 300 Manganese Mercury 15 Nickel 75 18.8 Nickel Selenium 37.5 9.4 Selenium Strontium 4500 1125 Strontium Tin 15000 3750 Tin Organic tin 1.9 0.5 Organic tin Zinc 3750 938 Zinc These limit values do not apply to toys which due to their accessibility, function, volume or mass clearly exclude any hazard due to sucking, licking, swallowing or prolonged contact with skin when used as specified in the first subparagraph of Article 9 (2).0.01 10.5 2.6 622.5 156 6.8 1200 300 3.8 75 18.8 37.5 9.4 4500 1125 15000 3750 1.9 0.5 3750 938 deleted
Amendment 366 #
Proposal for a directive
Annex V - Part A - subparagraph 1 a (new)
Annex V - Part A - subparagraph 1 a (new)
All warnings, by phrases or pictogram, shall be preceded by the word "Warning".