25 Amendments of Olle SCHMIDT related to 2008/0018(COD)
Amendment 103 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Another important objective of the new system to be established by this Directive is to encourage and in certain cases to ensure that dangerous substances and materials used in toys are replaced by less dangerous substances or technologies where suitable economically and technically viable alternatives are available.
Amendment 122 #
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 dangerous substances in toys, while environmental concerns presented by toys are addressed in horizontal environmental legislation applying also toto electrical and electronic 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 and Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, in. In addition, environmental issues concerning waste are regulated by Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, those concerning packaging by Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste and inthose concerning batteries and accumulators by 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 139 #
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 by virtue of their functions, dimensions and characteristics intended, whether or not exclusively, for use in play by children under 14 years of age, hereinafter "toys".
Amendment 174 #
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. These measures shall take due account of the precautionary principle.
Amendment 182 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The manufacturer shall mark the warnings in a visible, clearly legible and accurate manner, so that they are conspicuously displayed on the toy, on an affixed label or on the 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. Warnings specifying ththat are necessary for a choice of toy that is safe minimum and maximum ages f connection with the intended use or users shall be visible, legible and conspicuously displayed at the point of saleappear on the consumer packaging and when applicable on the Internet web page or be otherwise attached to the toy in such a way that the consumer can read it before purchase. Warnings or hazards that occur every time the toy is used or of unsafe behaviour that is likely to occur after some time of use shall be permanently marked on the toy.
Amendment 198 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Inf the light of the Committee’s opireferences in the Official Journal of the European Union, the Commission shall decide to publish, not to publish, to publish with restriction, to maintain, to maintain with restriction or to withdraw the references too a harmonised standard as referred to in Article 13 are published with restriction or maintained with restriction, the Commission may, in accordance with the regulatory procedure with scrutiny referred to in Article 46(a), adopt a decision indicating the reasons for the restriction. The Decision may specify threshold limits and other criteria corresponding to the specific safety requirements in question. The Decision shall make clear whether a toy complying with the harmonised standard concernas completed inby the Official Journal of the European UnDecision shall be presumed to be in conformity with the requirements covered by the standard and the Decision.
Amendment 208 #
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
7. Toys not bearing a CE-marking andor which do not otherwise comply with the provisions of this Directive may feature in trade fairs and exhibitions, provided that they are accompanied by a sign which clearly indicates that the toys do not comply with the requirements of this Directive and are not for sale or for distribution free of charge.
Amendment 232 #
Proposal for a directive
Article 45 - paragraph 2
Article 45 - paragraph 2
Amendment 236 #
Proposal for a directive
Article 45 - paragraph 2 a (new)
Article 45 - paragraph 2 a (new)
2a. The Commission may, for the purpose of enhancing the standardisation process, amend the mandate for a standard not adopted within the given time frame, specifying threshold limits and the other criteria necessary for the compliance of the standard with the essential safety requirements set out in Article 9(2) and in Annex II. Those measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2).
Amendment 240 #
Proposal for a directive
Article 45 - paragraph 2 a (new)
Article 45 - paragraph 2 a (new)
2a. The Commission may, for the purpose of addressing hazards not covered by any specific safety requirement, amend Annex II by adding specific safety requirements Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 46(2).
Amendment 256 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 1
Annex II – Part I – point 4 – subparagraph 1
4a. Toys and their parts must not present risk of asphyxiation caused, in particular, by strangulation or suffocation.
Amendment 260 #
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 saleoys and their parts must not present any risk of strangulationclosing off the flow orf asphyxiation caused byir as a result of airway obstruction external to the mouth and nose.
Amendment 266 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 3
Annex II – Part I – point 4 – subparagraph 3
Toys, which by virtue of their functions, dimensions and characteristics, 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 by virtue by virtue of their functions, dimensions and characteristics are intended to be put in the mouth, and to their component parts and any of their detachable parts.
Amendment 268 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 3 a (new)
Annex II – Part I – point 4 – subparagraph 3 a (new)
Toys and their parts must be of such dimensions as not to present any risk of closing off the flow of air as a result of airway obstruction by objects wedged in the mouth or pharynx or lodged over the entrance to the lower airways.
Amendment 269 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 3 b (new)
Annex II – Part I – point 4 – subparagraph 3 b (new)
The packaging in which toys are contained for retail sale must not present risk of strangulation or of closing off the flow of air as result of airway obstruction external to the mouth and nose. Spherical, egg shaped or ellipsoidal packaging may not have dimensions that can cause internal airways obstruction by being wedged in the mouth or pharynx.
Amendment 274 #
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 fulfil the other requirements for toy packaging in 4e. Cylindrical inner packaging with rounded ends that can be divided in two individual halves may not have dimensions that can cause internal airways obstruction.
Amendment 281 #
Proposal for a directive
Annex II – Part I – point 4 – subparagraph 5
Annex II – Part I – point 4 – subparagraph 5
Toys firmly attached to a food product at the moment of consumption, in such a way that the food product needs to be consumed in order to get direct access to the toy, shall be prohibited. Parts of toys otherwise directly attached to a food product shall fulfil the requirements set out in 4c and 4d.
Amendment 295 #
Proposal for a directive
Annex II – Part I – point 11 a (new)
Annex II – Part I – point 11 a (new)
11a. Toys or parts of toys that are accessible to be digested, shall be manufactured in such a manner as not to cause harm when ingested. This applies in particular to risks caused by batteries, magnetism and ability to alter volume or shape.
Amendment 298 #
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 estabnd endocrine disrupting substances according to Directive 67/548/EEC and other substances lishted forin the classification of preparations containing the substances andidate list establishing accordance with the provisions of Directive 1999/45/EC shall be prohibited, except iing to regulation (EC) No 1907/2006 (REACH) shall be prohibited. The presence of traces of these substances are contained in components of toys or micro-structurally distinct parts of toys that are not accessible to any physical contact by childrenshall be allowed provided that such presence is technically unavoidable in good manufacturing practise.
Amendment 314 #
Proposal for a directive
Annex II – Part III – point 4
Annex II – Part III – point 4
Amendment 323 #
Proposal for a directive
Annex II – Part III – point 5
Annex II – Part III – point 5
Amendment 337 #
Proposal for a directive
Annex II – Part III – point 7
Annex II – Part III – point 7
7. Toys shall not contain the following allergenic fragrances: (1) Alanroot (Inula helenium) (2) Allylisothiocyanate (3) Benzyl cyanide (4) 4 tert-Butylphenol (5) Chenopodium oil (6) Cyclamen alcohol (7) Diethyl maleate (8) Dihydrocoumarin (9) 2,4-Dihydroxy-3-methylbenzaldehyde (10) 3,7-Dimethyl-2-octen-1-ol (6,7- Dihydrogeraniol) (11) 4,6-Dimethyl-8-tert-butylcoumarin (12) Dimethyl citraconate (13) 7,11-Dimethyl-4,6,10-dodecatrien-3- one (14) 6,10-Dimethyl-3,5,9-undecatrien-2- one (15) Diphenylamine (16) Ethyl acrylate (17) Fig leaf, fresh and preparations (18) trans-2-Heptenal (19) trans-2-Hexenal diethyl acetal (20) trans-2-Hexenal dimethyl acetal (21) Hydroabietyl alcohol (22) 4-Ethoxy-phenol (23) 6-lsopropyl-2-decahydronaphthalenol (24) 7-Methoxycoumarin (25) 4-Methoxyphenol (26) 4-(p-Methoxyphenyl)-3-butene-2-one (27) 1-(p-Methoxyphenyl)-1-penten-3-one (28) Methyl trans-2-butenoate (29) 6-Methylcoumarin (30) 7-Methylcoumarin (31) 5-Methyl-2,3-hexanedione (32) Costus root oil (Saussurea lappa Clarke) (33) 7-Ethoxy-4-methylcoumarin (34) Hexahydrocoumarin (35) Peru balsam (Myroxylonpereirae Klotzsch) (36) 2-Pentylidene-cyclohexanone (37) 3,6,10-Trimethyl-3,5,9-undecatrien- 2-one (38) Verbana oil (Lippia citriodora Kunth). However, the presence of traces of these substances shall be allowed provided that such presence is technically unavoidable in good manufacturing practice. In addition the following allergenic fragrances shall be listed if added to toys, as such, at concentrations exceeding 0,01 % by weight: (1) Amyl cinnamal (2) Amylcinnamyl alcohol (3) Anisyl alcohol (4) Benzyl alcohol (5) Benzyl benzoate (6) Benzyl cinnamate (7) Benzyl salicylate (8) Cinnamal (9) Cinnamyl alcohol (10) Citral (11) Citronellol (12) Coumarin (13) Eugenol (14) Farnesol (15) Geraniol (16) Hexyl cinnamaldehyde (17) Hydroxy-citronellal (18) Hydroxy- methylpentylcyclohexenecarboxaldehyde (19) Isoeugenol (20) Lilial (referred to in the Cosmetics Directive in entry 83 as: 2-(4-tert- Butylbenzyl) propionaldehyde (21) d-Limonene (22) Linalool (23) Methyl heptine carbonate (24) 3-methyl-4-(2,6,6-trimethyl-2- cyclohexen-1-yl)-3-buten-2-one (25) Oakmoss extracts (26) Treemoss extractsOnly fragrances which are found not to be allergenic in accordance with the Regulation on Classification, Labelling and Packaging of Substances and Mixtures may be used in toys.
Amendment 348 #
Proposal for a directive
Annex II – Part III – point 8
Annex II – Part III – point 8
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-like sticky powder-like sticky or toy material or toy material pliable toy pliable toy material material Aluminium 5625 1406 Antimony 45 11.3 Arsenic 7.5 1.9 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 1.9 0.5 Zinc 3750 938 These limit values do not apply to toys which due to their accessibility, function, volume or mass clearly exclude any hazard due to sucking, licking, swallowing or prolonged contact with skin when used as specified in the first subparagraph of Article 9 (2).deleted
Amendment 365 #
Proposal for a directive
Annex V - Part A - subparagraph 1 a (new)
Annex V - Part A - subparagraph 1 a (new)
All warnings, by phrases or pictogram, shall be proceded by the word "Warning."
Amendment 368 #
Proposal for a directive
Annex V - Part B - Point 1
Annex V - Part B - Point 1
1.Toys which might be dangerous for children under 36 months of age shall bear a warning, for example: 'Warning: Not suitable for children under 36 months' or 'Warning: Not suitable for children under three years' or the word “Warning” together with the following graphic: [Pictogram] These warnings shall be accompanied with a brief indication, which may appear in the instructions for use, of the specific hazard calling for this restriction. Such a warning may not be used for toys designed or, by virtue of their function, dimensions and characteristics, intended for use by children of under 36 months. In particular, all soft-filled toys are considered as toys intended for children under 36 months. This provision does not apply to toys which, on account of their function, dimensions, characteristics, properties or other cogent grounds, are manifestly unsuitable for children under 36 months.