10 Amendments of Pia Elda LOCATELLI related to 2008/0018(COD)
Amendment 29 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) In order to avoid duplication of evaluation under this Directive and Regulation (EC) No 1907/2006 concerning REACH, CMRs that have been evaluated and which 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 be not be made subject to authorisation under Regulation (EC) No 1907/2006 on the grounds of risks to human health in accordance with Article 58(2) of that Regulation. At the same time, in order to avoid duplication, CMRs that 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 34 #
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, thereafter, a further transition period of three years to allow toy manufacturers and economic operators sufficient time to adapt to the new technical requirements on chemicals, and to ensure consistent application of this Directive throughout the European Union.
Amendment 44 #
Proposal for a directive
Article 45 – Paragraph 1
Article 45 – Paragraph 1
1. The Commission may, for the purposes of adapting them to technical and, scientific feasible developments, amend the following: (a) Points 7 and 8 in Part III of Annex II; (b) Annex V. 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) and according to the assessment of the relevant Scientific Committee.
Amendment 46 #
Proposal for a directive
Article 45 - Paragraph 2
Article 45 - Paragraph 2
2. The Commission may decide upon the use in toyscontent of substances or preparations classified as carcinogenic, mutagenic or toxic to reproduction, of category 1, 2 and 3, under Annex I to Directive 67/548/EEC in toys. Those measures, designed to amend non- essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2) and according to the assessment of the relevant Scientific Committee.
Amendment 48 #
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 enteredfor 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 during the three year period after its entry into force.
Amendment 57 #
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 distinctr parts of the toys that are not accessible to any physical contact by childrenby children as defined in standard EN 71.
Amendment 60 #
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 conditions are met:
Amendment 65 #
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 beenthe relevant Scientific Committee has concluded that the substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC used in accessible components or parts of toys above the concentration limits in paragraph 3 do not pose an unacceptable risk to human health, in particular in view of exposure. Therefore, manufacturers may, before the end of the transition period in Article 52, apply to the Commission for the evaluatedion by the relevacompetent Scientific Committee and found to be safe, inof the risk posed by substances classified as CMR category 1 and 2 according to Annex I of Directive 67/548/EEC. That application shall contain all relevant information, particularly in view of exposure,relation to exposure. Immediately upon receipt of and a Decision as referred to in Article 45(2) has bpplication, the Commission shall, without delay, mandate the competent Scientific Committeen taken;o provide its opinion.
Amendment 68 #
Proposal for a directive
Annex II – part III – paragraph 4 – subparagraph 4.2
Annex II – part III – paragraph 4 – subparagraph 4.2
Amendment 71 #
Proposal for a directive
Annex II – part III – paragraph 5
Annex II – part III – paragraph 5
5. Substances or preparations classified as CMRWithout prejudice to the application of the restrictions under the first sentence of paragraph 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 are 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 by children as defined in standard EN71 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 accessible part of the toy poses ian consumer articles under Regulation (EC) No 1907/2006 (REACH). unacceptable risk to human health, because of exposure.