22 Amendments of Alessandro FOGLIETTA related to 2008/0018(COD)
Amendment 28 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to avoid any possible duplication of evaluation under this Directive and Regulation (EC) No 1907/2006 concerning REACH, CMRs that have been evaluated and have not been prohibited under this Directive should not be made subject to proposals for restriction under Regulation (EC) No 1907/2006 on the grounds of risks to human health and should not be made subject to authorisation under Regulation (EC) No 1907/2006 on the grounds of risks to human health according to Article 58(2) of that Regulation. In order to avoid similar duplication, CMRs which have been evaluated for use in toys and which have not been prohibited under Regulation (EC) No 1907/2006 should not be made subject to restrictions or evaluation under this Directive.
Amendment 33 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) It is necessary to apply a harmonised transition period of two years after the entry into force of this Directive for compliance with its provisions and a further transition period of one year after the entry into force of the revised Toy Standard EN 71-3 concerning the new chemical requirements of this Directive, to allow toy manufacturers and economic operators sufficient time to adapt to the new technical requirements and to ensure consistent application of this Directive throughout the European Union.
Amendment 37 #
Proposal for a directive
Recital 32
Recital 32
(32) In particular power should be conferred on the Commission in order to adapt the chemical requirements in certain well defined cases and grant exemptions from the prohibition of CMR substances in certain cases as well as to adapt the wording of the specific warnings for certain categories of toys. Since those measures are of general scope and are designed to amend non-essential elements of this Directive and/or to supplement this Directive by the addition of new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 47 #
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 were placed on the market before this Directive entered into force or at the latest 2 years after this Directive entered into force. for two years after this Directive enters into force. With regard to Articles 3(1) and 9(1) and part III of Annex II on chemical properties, Member States shall not impede the placing on the market of toys which are in accordance with Directive 88/378/EEC and which were placed on the market either before this Directive entered into force or within the period of one year following the entry into force of the revised Toy Standard EN 71-3 on the new chemical requirements of this Directive.
Amendment 58 #
Proposal for a directive
Annex II – part III – paragraph 3
Annex II – part III – paragraph 3
3. Without prejudice to the application of the restrictions under the first sentence of point 2, the use in toys ofoys shall not contain substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR)categories 1 or 2 according to Annex I of 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 by childrenr parts of toys that are not accessible by children as defined in standard EN 71.
Amendment 61 #
Proposal for a directive
Annex II – part III – paragraph 4
Annex II – part III – paragraph 4
4. Substances or preparations classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC may be used in toys provided that the following two conditions are met:
Amendment 64 #
Proposal for a directive
Annex II – part III – paragraph 4 – subparagraph 4.1
Annex II – part III – paragraph 4 – subparagraph 4.1
4.1 use of the substance has beethe relevant Scientific Committee has concluded that the substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC contained in accessible components or parts of toys above the concentration limits in paragraph 3 does not pose an unacceptable risk to human health, in particular in relation to exposure. To that end, manufacturers may, prior to the end of the transition period in Article 52, apply to the Commission for an evaluatedion by the relevant Scientific Committee and found to be safe,of the risk posed by substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC. That application shall be accompanied by relevant information in particular ion view of exposure, and a Decision as referred to in Article 45(2) has been taken;exposure. Upon the receipt of an application, the Commission shall without delay mandate the Scientific Committee to provide its opinion. Manufacturers may continue to place on the market toys containing the substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC for which a request has been submitted and until a decision is adopted.
Amendment 67 #
Proposal for a directive
Annex II – part III – paragraph 4 – subparagraph 4.2
Annex II – part III – paragraph 4 – subparagraph 4.2
Amendment 69 #
Proposal for a directive
Annex II – part III – paragraph 5
Annex II – part III – paragraph 5
5. SubstancesWithout prejudice to the application of the restrictions under the first sentence orf preparations classified as CMRaragraph 2, toys shall not contain substances that are classified as carcinogenic, mutagenic or toxic for reproduction category 3 according to Annex I of Directive 67/548/EEC may beif: (i) they have been prohibited for useds in toys if use of the substance has been evaluated by the relevant Scientific Committee and found to be safe, in particular in view of exposure, and followconsumer articles under Regulation (EC) No 1907/2006 (REACH); or (ii) the CMR category 3 substance is contained in components or parts of toys that are accessible, as defined in standard EN71, by children and the relevant Scientific Committee has evaluated ing a Decision as referred to in Article 45(2) and provided that they are not prohibited for uccordance with Article 45(2) that the content of the substance in the toy poses ian consumer articles under Regulation (EC) No 1907/2006 (REACH). unacceptable risk to human health, in particular in relation to exposure.
Amendment 110 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
Amendment 111 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 1
Article 10 – paragraph 2 – subparagraph 1
Amendment 114 #
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, legiblclearly and easily legible and accurate and conspicuously displayed at the point of sale. The authorised representatives, importers and distributors must be notified of these warnings so that warnings specifying the minimum and maximum ages for users may be correctly affixed at the point of sale.
Amendment 117 #
Proposal for a directive
Article 10 – paragraph 2 – subparagraph 2 a (new)
Article 10 – paragraph 2 – subparagraph 2 a (new)
Warnings must alternate so that they appear regularly. Warnings shall be printed on the most visible surface of the unit packet and on all external packaging, with the exception of transparent packaging, used for the retail sale of the toy in question.
Amendment 120 #
Proposal for a directive
Recital 16 b (new)
Recital 16 b (new)
(16b) It is necessary to apply a harmonized transition period of two years after the entry into force of this Directive for compliance with its provisions and a further transition period of one year after the revised Toy Standard EN 71-3 on the new chemical requirements of this Directive has entered into force to provide toy manufacturers and economic operators with sufficient time to adapt to the new technical requirements and to ensure consistent application of this Directive throughout the EU.
Amendment 120 #
Proposal for a directive
Article 10 – paragraph 2 –subparagraph 2 b (new)
Article 10 – paragraph 2 –subparagraph 2 b (new)
Member States may determine the location of the warnings to appear on the surfaces in question in the light of linguistic requirements.
Amendment 136 #
Proposal for a directive
Recital 32
Recital 32
(32) In particular power should be conferred on the Commission in order to adapt the chemical requirements in certain well defined cases and grant exemptions from the prohibition of CMR substances in certain cases as well as to adapt the wording of the specific warnings for certain categories of toys. Since those measures are of general scope and are designed to amend non-essential elements of this Directive and/or to supplement this Directive by the addition of, inter alia by supplementing it with new non- essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Amendment 247 #
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 were placed on the market before this Directive entered into force or at the latest 2 years afterduring a period of 2 years after this Directive enters into force. With regard to Article 3(1), Article 9(1) and point III of Annex II, Member States shall not impede the placing on the market of toys in accordance with Directive 88/378/EEC which were placed on the market before this Directive entered into force or 1 year after the revised Toy Standard EN 71-3 on the new chemical requirements of this Directive entered into force.
Amendment 305 #
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 ofoys shall not contain substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR)categories 1 or 2 according to Annex I of 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 by childrenr parts of toys that are not accessible by children as defined in standard EN 71.
Amendment 310 #
Proposal for a directive
Annex II – Part III – point 4
Annex II – Part III – point 4
4. Substances or preparations classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC may be used in toys provided that the following two conditions are met: 4.1 use of the substance has been evaluated by the relevant Scientific Committee and found to be safe, in particular in view of exposure, and a DecThe relevant Scientific Committee has evaluated that the substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC contained in accessible components or parts of toys above the concentration limits in point 3 does not pose an unacceptable risk to human health, in particular in view of exposure. To that end, manufacturers may submit requests to the Commission as referred to in Article 45(2) has been taken; 4.2prior to the end of the transition period in Article 52 for an evaluation by the relevant Scientific Committee of the risk posed by substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC. That request shall be accompanied by relevant information in particular on exposure. Upon the receipt of a re no suitable substances available, as documented in an analysis of alternatives, 4.3 tquest, the Commission shall without delay mandate the Scientific Committee to provide its opinion. Manufacturers may continue placing toys on the market containing the substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC for which a request has been submitted and until a decision is adopted. A decision to amend Annex IIa listing the CMR 1 and 2 substances concerned by this Article shall be taken in accordance with Article 45(2). 4.2 They arhave not already been prohibited for uses in consumer articles under Regulation (EC) No 1907/2006 (REACH). The Commission shall mandate the relevant Scientific Committee to re- evaluate those substances or preparationslisted in Annex IIa as soon as safety concerns arise and at the latest every 5 years from the date that a decision in accordance with Article 45(2) was taken.
Amendment 326 #
Proposal for a directive
Annex II – Part III – point 5
Annex II – Part III – point 5
5. Substances or preparations classified as CMR cWithout prejudice to the application of the restrictions under the first sentence of point 2, toys shall not contain substances that are classified as carcinogenic, mutagenic or toxic for reproduction Category 3 according to Annex I of Directive 67/548/EEC may beif: (i) they have been prohibited for useds in toys if use of the substance has been evaluated by the relevant Scientific Committee and found to be safeconsumer articles under Regulation (EC) No 1907/2006 (REACH); or (ii) the CMR 3 substance is contained in components or parts of toys that are accessible, as defined in standard EN71, by children and the relevant Scientific Committee has evaluated that the content of the substance in the toy poses an unacceptable risk to human health, in particular in view of exposure, and following a D. A decision asto referred to in Article 45(2) and provided that they are not prohibited for uses in consumer articles under Regulation (EC) No 1907/2006 (REACHvise Annex IIb listing the CMR 3 substances prohibited by this provision shall be taken in accordance with Article 45(2).
Amendment 356 #
Proposal for a directive
Annex II a -title (new)
Annex II a -title (new)
Annex IIa List of CMR 1 and 2 substances exempt from the prohibition of Annex II point III (3)
Amendment 361 #
Proposal for a directive
Annex II b -title (new)
Annex II b -title (new)