26 Amendments of Maria MATSOUKA related to 2008/0018(COD)
Amendment 141 #
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 intended, whether or not exclusively, for use in play by children under 14 years of age, hereinafter "toys", in accordance with the precautionary principle.
Amendment 145 #
Proposal for a directive
Article 2 – point 13
Article 2 – point 13
(13) “harm” means the physical injury or damage to health;, including the long-term effects on health.
Amendment 176 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take all measures necessary to ensure that toys may not be placed on the market unless they comply with the essential safety requirements set out, as far as the general safety requirement is concerned, in paragraph 2, and, as far as the particular safety requirements are concerned, in Annex II. Member States shall duly take account of the precautionary principle.
Amendment 178 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Toys shall not jeopardize the safety or health of users or third parties when they are used as intended or in a foreseeable way, bearing in mind behaviour of children. The ability of the users and where appropriate their supervisors shall be taken into account, in particular, in the case of toys which, by virtue of their functions, dimensions and characteristics, are intended for use by children of under 360 months. Labels on toys and/or on their packaging and the instructions for use which accompany them shall draw the attention of users or their supervisors to the inherent hazards and risks of harms involved in using the toys and to the ways of avoiding them.
Amendment 191 #
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 on the toys' packaging and at the point of sale.
Amendment 194 #
Proposal for a directive
Article 10 – paragraph 2 - subparagraph 2 a (new)
Article 10 – paragraph 2 - subparagraph 2 a (new)
Warnings which are useful for selecting a safe toy for the intended use or user shall be conspicuously displayed on the toy and/or its packaging so that consumers can read the information before purchasing.
Amendment 195 #
Proposal for a directive
Article 10 – paragraph 2 - subparagraph 2 b (new)
Article 10 – paragraph 2 - subparagraph 2 b (new)
Warnings which consumers must bear in mind every time the toy is used or for a considerable time after the toy is purchased in order to avoid unsafe or incorrect use thereof shall be permanently affixed to both the toy and its packaging.
Amendment 211 #
Proposal for a directive
Article 17
Article 17
Manufacturers shall, before placing a toy on the market, carry out an analysis of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the toy may present and an assessment of the potential exposure to them. The lack of a history of accidents shall not automatically be considered as evidence of low risk.
Amendment 219 #
Proposal for a directive
Article 18 - paragraph 3 a (new)
Article 18 - paragraph 3 a (new)
3a. The products listed in Annex I, Section II, shall be submitted for EC-type- examination.
Amendment 223 #
Proposal for a directive
Article 45 - paragraph 1 - subparagraph 1 - point -a) (new)
Article 45 - paragraph 1 - subparagraph 1 - point -a) (new)
-a) Annex I
Amendment 234 #
Proposal for a directive
Article 45 - paragraph 2
Article 45 - paragraph 2
Amendment 250 #
Proposal for a directive
Annex I – title
Annex I – title
Ι. LIST OF PRODUCTS THAT, IN PARTICULAR, ARE NOT CONSIDERED AS TOYS WITHIN THE MEANING OF THIS DIRECTIVE (ARTICLE 2 (1))
Amendment 255 #
Proposal for a directive
Annex I – Part I a (new)
Annex I – Part I a (new)
Ιa. LIST OF TOYS TO BE SUBMITTED FOR EC-TYPE-EXAMINATION 1. Toys intended for children under 3 years. 2. Toys which cannot be designed in a manner which eliminates all risks. 3. Toys which, when not functioning, may have serious effects on the child's health. 4. Toys which have caused serious accidents in the past. The Commission shall draw up a list of the relevant toys for each category in accordance with the regulatory procedure with scrutiny referred to in Article 46 (2).
Amendment 258 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 2
Annex II – Part I – point 4 – subparagraph 2
The packaging in which toys are contained for retail sale must not present risk of strangulation or asphyxiation caused by airway obstruction internal and external to the mouth and nose.
Amendment 265 #
Proposal for a directive
Annex II – Part I – point 4 – paragraph 3
Annex II – Part I – point 4 – paragraph 3
Toys, which are clearly intended for use by children under 36 months, and their component parts and any of their detachable parts must be of such dimensions as to prevent their being swallowed and/or inhaled. This also applies to other toys which are intended to be put in the mouth, to toys which will function better if the toy is moistened with saliva, and to their component parts and any of their detachable parts.
Amendment 271 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 4
Annex II – Part I – point 4 – subparagraph 4
Toys contained within food or co-mingled with a food must have their own packaging. This packaging, in its supplied condition, must be of such dimensions as to prevent it being swallowed and/or inhaled and must not present any other risk of suffocation, strangulation, external or internal airway obstruction or asphyxiation.
Amendment 278 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 5
Annex II – Part I – point 4 – subparagraph 5
Toys firmly attached toin a food product at the moment of consumption, in such a way that the food product needs to be cut up or consumed in order to get direct access to the toy, shall be prohibited.
Amendment 283 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 5 a (new)
Annex II – Part I – point 4 – subparagraph 5 a (new)
Toys in food must be distinguishable from the food by colour, shape and size.
Amendment 284 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 5 b (new)
Annex II – Part I – point 4 – subparagraph 5 b (new)
Warnings on food which contains toys must not be deformed, particularly folded or creased, or be easily deformed.
Amendment 285 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 5 c (new)
Annex II – Part I – point 4 – subparagraph 5 c (new)
Parts of toys attached to food which does not need to be consumed to gain access to the toy must be of such dimensions as to prevent them from being swallowed or inhaled or from obstructing internal airways.
Amendment 286 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 5 d (new)
Annex II – Part I – point 4 – subparagraph 5 d (new)
The hazard inherent in toys in food shall be assessed on the basis of the precautionary principle.
Amendment 287 #
Proposal for a directive
Annex II – Part I – point 7 – subparagraph 2a
Annex II – Part I – point 7 – subparagraph 2a
The Commission may lay down the maximum design speed of electrically driven ride-on toys in accordance with the regulatory procedure with scrutiny referred to in Article 46 (2).
Amendment 293 #
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. The Commission may lay down a limit value for such toys in accordance with the regulatory procedure with scrutiny referred to in Article 46 (2).
Amendment 351 #
Proposal for a directive
Annex II – Part III – point 8 a (new)
Annex II – Part III – point 8 a (new)
8a) Specific requirements shall be adopted for toys or toy parts that are designed to be placed in the mouth, regardless of the age group for which the toy is intended, based upon the packaging requirements for food as laid down in Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and the related specific measures for particular materials. These requirements shall be adopted on the basis of the opinion of the competent scientific committee and by decision pursuant to Article 45, paragraph 2, taking account of the differences between toys and materials which come into contact with food.
Amendment 362 #
Proposal for a directive
Annex IV - paragraph 1 - point a
Annex IV - paragraph 1 - point a
The technical documentation referred to in Article 20 shall contain, in particular, so far as relevant for assessment: a) a detailed description of the design and manufacture, including a list of components and materials used in toys as well as the safety data sheets on chemicals used to be obtained from chemical suppliers;detailed information concerning the chemical composition of the toy or the substances used in manufacturing the toy and the quantity of each substance used in the toy or parts of the toy.
Amendment 372 #
Proposal for a directive
Annex V - Part B - Point 7
Annex V - Part B - Point 7
7. Toys contained in food or co-mingled with food shall contain the warning: “Adult supervision recommended”. Food containing toys should be marked as follows, regardless of the age of the child: "Warning: contains toy", or, where the toy is contained in hazardous packaging: "Warning: contains toy in packaging which may present a risk of asphyxiation. Remove packaging before giving toy to child".