Activities of Heide RÜHLE related to 2008/0018(COD)
Plenary speeches (1)
Toys Directive (debate)
Amendments (18)
Amendment 102 #
Proposal for a directive
Recital 2
Recital 2
(2) Directive 88/378/EEC is based on the New Approach principles, as set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation and standards. Thus, it sets out only the essential safety requirements with regard to toys, while tincluding the particular safety requirements regarding physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene and radioactivity. Technical details are adopted by the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (CENELEC) in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations. Conformity with harmonised standards so set, the reference number of which is published in the Official Journal of the European Union, provides presumption of conformity to the requirements of Directive 88/378/EEC. Experience has shown that these basic principles have worked well in the toys sector and should be maintained.
Amendment 177 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
In taking such measures, Member States shall take into account the precautionary principle as set out in Article 8 of Directive 2001/95/EC
Amendment 179 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
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, bearing in mind that behaviour of children is often unforeseeable and that therefore particularly stringent safety and health standards apply to toys.
Amendment 214 #
Proposal for a directive
Article 18 - paragraph 1
Article 18 - paragraph 1
1. Before placing the toys on the market, manufacturers shall use the conformity assessment procedures identified in paragraphs 2 and 3 to demonstrate that the toys comply with the essential safety requirements set out in Article 9 and Annex II.
Amendment 215 #
Proposal for a directive
Article 18 - paragraph 2
Article 18 - paragraph 2
Amendment 217 #
Proposal for a directive
Article 18 - paragraph 3
Article 18 - paragraph 3
3. The toy shall be submitted for EC-type- examination as referred to in Article 19 combined with the conformity to type procedure set out in Module C of Annex I to Decision […] in the following cases: (a) when harmonised standards, the reference number of which has been published in the Official Journal of the European Union, covering all relevant safety requirements for the toy, do not exist; (b) when standards as referred to in point (a) exist but the manufacturer has not applied them or has applied them only in part; (c) when standards as referred to in point (a) or any of them have been published with a restriction.; (d) when the manufacturer considers that the nature, design, construction or purpose of the toy necessitate third party verification.
Amendment 227 #
Proposal for a directive
Article 45 - paragraph 1 a (new)
Article 45 - paragraph 1 a (new)
Amendment 252 #
Proposal for a directive
Annex I – point 17 a (new)
Annex I – point 17 a (new)
17a. Cardboard books without a playing purpose
Amendment 254 #
Proposal for a directive
Annex I – point 17 b (new)
Annex I – point 17 b (new)
17b. Children’s books designed or clearly intended for use in play by children
Amendment 290 #
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. : - does not exceed a limit of 135 dB LpC peak at the ear for impulse noise - does not exceed a limit of 70 dB LpC for continuous noise from "close to the ear toys" such as toys with headphones or telephone toys - does not exceed in any case the corresponding thresholds applicable for adults in work protection legislation
Amendment 296 #
Proposal for a directive
Annex II – Part III – point 1
Annex II – Part III – point 1
1. Toys shall be so designed and constructed that there are no risks of adverse effects on human health or on the hormonal system due to exposure to the chemical substances or preparations of which the toys are composed or which they contain, when the toys are used as specified in the first subparagraph of Article 9 (2).
Amendment 297 #
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 containingand endocrine disrupting substances according to Directive 67/548/EEC and substances listed due to health effects in the candidate list established according to Regulation (EC) No 1907/2006 (REACH) shall be prohibited, except if the substances are contained in electronic components of toys that are not accessible to any physical contact by children. The presence of traces of these substances in accordance with the provisions of Directive 1999/45/EC shall be prohibited, except if the substances are contained in compshall be allowed provided that the substances are not intentionally added, migration levels of the substance are negligible and the presence is technically unavoidable in good manufacturing practice. In case a naturally occurring organic raw material traditionally used for toy manufacturing, have a natural content of CMR, the material may contain CMR provided that the substance is not intentionally added, that the content is considered low and that the material have previously caused no harm due to the CMR contents of toys or micro-structurally distinct parts of toys that are not accessible to any physical contact by children. . Residues of monomers in polymer plastics may be allowed provided that migration levels of the substance are negligible and the presence is technically unavoidable in good manufacturing practice. Furthermore stainless steel may contain nickel provided that migration levels are negligible. None of the above mentioned exceptions shall apply to mercury.
Amendment 303 #
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 containing the substances in accordance with the provisions of Directive 1999/45/EC shall be prohibited, except if the substances are contained in components of toys or micro- structurally distinct parts of toys that are not accessible to any physical contact, including inhalation, by children.
Amendment 317 #
Proposal for a directive
Annex II – Part III – point 4 – introductory part
Annex II – Part III – point 4 – introductory part
4. Substances or preparations classified as CMR category 1, 2 and 23 according to Directive 67/548/EEC may be used in toys provided that the following conditions are met:
Amendment 322 #
Proposal for a directive
Annex II – Part III – point 5
Annex II – Part III – point 5
Amendment 335 #
Proposal for a directive
Annex II – Part III – point 7
Annex II – Part III – point 7
Amendment 345 #
Proposal for a directive
Annex II – Part III – point 8 - Table
Annex II – Part III – point 8 - Table
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- sticky powder-like sticky like 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)0.01 Cobalt 10.5 2.6 Copper 622.5 156 Lead 276.8 Manganese 1200 300 Mercury 153.8 Nickel 75 18.8 Selenium 37.5 9.4 Strontium 4500 1125 Tin 15000 3750 Organic tin 1.90.5 Zinc 3750 938
Amendment 350 #
Proposal for a directive
Annex II – Part III – point 8 - subparagraph 2 a (new)
Annex II – Part III – point 8 - subparagraph 2 a (new)