24 Amendments of Christel SCHALDEMOSE related to 2008/0018(COD)
Amendment 105 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The precautionary principle was added to the Treaty in 1992 and the Court of Justice of the European Communities has, on numerous occasions1, clarified the substance and scope of this principle of Community law as one of the foundations of Community protection policy in the environment and health spheres. _________ 1 Judgment of 23 September 2003 in Case C- 192/01, Commission v Denmark, ECR 2003, p. I- 9693; judgment of 7 September 2004 in Case C- 127/02, Landelijke Vereniging tot Behoud vande Waddenzee, Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris vanLandbouw, Natuurbeheer en Visserij, ECR 2004, p. I-7405.
Amendment 125 #
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 all 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, 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 Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, in Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste and in 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 129 #
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 not be determined only by reference to the intended use of the product while taking into account the foreseeaall possible uses, bearing in mind the behaviour of children, who do not generally show the same degree of care as the average adult usercannot be expected to follow instructions which an adult user can be expected to follow.
Amendment 144 #
Proposal for a directive
Article 2 – point 13
Article 2 – point 13
(13) “harm” means the physical injury or any other damage to health including long term health effects;
Amendment 181 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 3
Article 9 – paragraph 2 – subparagraph 3
Labels on toys and/or on their packaging and the instructions for use which accompany them shallmust draw the attention of users or their supervisors to the inherent hazards and risks of harmof the toys and the related risks involved in using the toys and to the ways of avoiding them.
Amendment 189 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
The manufacturer shall mark the warnings in an accurate, clearly visible, clearand easily legible mand accurate mannerner, 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 190 #
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 saleon the packaging of toys and at the point of sale. Warnings which are necessary for choosing a toy that is safe in connection with the intended use or user shall be indelibly and conspicuously displayed on the toy itself or/and on the packaging in such a way that the consumer can read the information before purchase. This provision applies to the warnings in Annex V, Part B.
Amendment 196 #
Proposal for a directive
Article 10 – paragraph 2 - subparagraph 2 a (new)
Article 10 – paragraph 2 - subparagraph 2 a (new)
Warnings that should be remembered every time the toy is used, or a long time after the toy has been purchased, in order to avoid unsafe use or misuse, shall be permanently marked on both the toy and its packaging. This applies to the warnings in points 2, 5 and 6 of Annex V, Part B.
Amendment 197 #
Proposal for a directive
Article 10 – paragraph 2 - subparagraph 2 b (new)
Article 10 – paragraph 2 - subparagraph 2 b (new)
The Commission shall prepare guidelines concerning the way the warnings should be presented. These guidelines shall be drawn up together with the various stakeholders and Member States' authorities taking into account developments in scientific and technical knowledge.
Amendment 220 #
Proposal for a directive
Article 20 - paragraph 4
Article 20 - paragraph 4
4. If the manufacturer does not observe the obligations foreseen in paragraphs 1, 2 and 3, the market surveillance authority may require him to have a test performed by a notified body at his own expense within a specified period in order to verify compliance with the harmonised standards and essential safety requirements. In such cases, the market surveillance authority may require that the toy may not be placed on the market until a final decision can be taken on the basis of the test performed.
Amendment 222 #
Proposal for a directive
Article 45 - paragraph 1 - subparagraph 1
Article 45 - paragraph 1 - subparagraph 1
1. The Commission mayshall, for the purposes of adapting them to technical and scientific developments or as soon as new evidence presents itself, amend the following: (- a) Annex I; (a) Points 7 and 8 in Part III of Annex IIof Part III of Annex II; (- b) Point 8 of Part III of Annex II to lower the migration limits; (b) Annex V.
Amendment 230 #
Proposal for a directive
Article 45 - paragraph 2
Article 45 - paragraph 2
2. The Commission may decide upon the use in toys of substances or preparations classishall, where necessary to ensure the health and safety of children, specify, in details, the essential safety requirements defined as carcinogenic, mutagenic or toxic for reproduction, of category 1, 2 and 3, under Annex I to Directive 67/548/EEC. Those measures, designed to amend non- essential elements of this Directive by supplementing it,in Annex II (e.g. establish limit values or other restrictions for certain chemicals other than those listed in points 7 and 8 of Part III of Annex II, limit values for noise, limit values for speed, etc.) and shall establish a list of toys requiring EC type- examination in accordance with Part II of Annex I. Those specifications shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46 (2).
Amendment 261 #
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 273 #
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 asphyxiation, strangulation, external or internal airway obstruction or choking.
Amendment 276 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 4 a (new)
Annex II – Part I – point 4 – subparagraph 4 a (new)
Toys in food should distinguish themselves clearly by colour, consistency and size from the food. Warning labels on food products containing toys must not be distorted, in particular folded or crumpled, or be easily distorted.
Amendment 282 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 5 a (new)
Annex II – Part I – point 4 – subparagraph 5 a (new)
Parts of toys attached to a food product which does not need to be consumed in order to get access to the toy should be of such dimensions that they can not be swallowed, inhaled or cause internal airway obstruction.
Amendment 288 #
Proposal for a directive
Annex II – Part I – point 7 – subparagraph 3
Annex II – Part I – point 7 – subparagraph 3
Amendment 289 #
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 impulse noise should be 135 dB LpC peak at the ear. Limits for continuous noise shall be set on the basis of the sensitivity of the ear of an infant under 36 months of age. The Commission may lower the noise limit value for these toys in accordance with the regulatory procedure with scrutiny referred to in Article 46 (2).
Amendment 315 #
Proposal for a directive
Annex II – Part III – point 4
Annex II – Part III – point 4
Substances or preparations classified as CMR category 1 and 2 according to Directive 67/548/EEC may be used in toys provided that the following conditions are met:shall be prohibited in toys.
Amendment 334 #
Proposal for a directive
Annex II – Part III – point 7
Annex II – Part III – point 7
Amendment 363 #
Proposal for a directive
Annex IV - paragraph 1 - point a
Annex IV - paragraph 1 - point a
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 suppliersdetailed information on the chemical composition of the toy or the substances used in the manufacture of the toy as well as on the amount of the individual substances used in the toy or parts of it;
Amendment 369 #
Proposal for a directive
Annex V - Part B - Point 5
Annex V - Part B - Point 5
5. Skates, roller skates, online skates, skateboards, scooters and toy bicycles for children If these toys are offered for sale as toys they shall bear the following markings: 'Warning: protective equipment should be worn. Not to be used in trafficon public roads or public pathways or on the pavement of these. Not be used by children with a weight of more than 20 kg'. Moreover, the instructions for use shall contain a reminder that the toy must be used with caution, since it requires great skill, so as to avoid falls or collisions causing injury to the user and third parties. Some indication shall also be given as to recommended protective equipment (helmets, gloves, knee-pads, elbow-pads, etc.).
Amendment 371 #
Proposal for a directive
Annex V - Part B - Point 7
Annex V - Part B - Point 7
Toys contained in food or co-mingled with food shall contain the warning: “Adult supervision recommended”. Food products containing toys must bear the following warning, irrespective of the age of the child: “Warning: contains a toy”, or, in case the toy is packed in a hazardous container: “Warning, contains a toy and a container – choking hazard. Remove these items before giving the product to the child”.
Amendment 373 #
Proposal for a directive
Annex V - Part B - Point 7 a (new)
Annex V - Part B - Point 7 a (new)
(7a) Imitations of protective masks and helmets Imitations of protective masks and helmets shall contain the warning: ‘Warning: this toy does not provide protection.’