Safety of Toys Committee Meeting

EUROPEAN COMMISSION ENTERPRISE AND INDUSTRY DIRECTORATE-GENERAL

Single Market for Goods Internal Market and its International Dimension

SAFETY OF TOYS COMMITTEE MEETING

Summary Report of the Meeting of 18 February 2014

Borschette Centre, rue Froissart 36, Brussels

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Chair: Hans Ingels, DG Enterprise and Industry, Unit C.1

1. Opening of the meeting

1.1 Approval of the draft agenda

The draft agenda was approved.

1.2 Approval of the minutes of the last meeting

The minutes of the meeting of 11 October 2013 were approved.

2. Amendments to the Toy Safety Directive through Commission Regulations or Directives

A Member State had requested that the possibility of amending the Toy Safety Directive through Regulations instead of Directives be discussed since it would ensure a timely implementation of the modifications introduced and, therefore, would contribute to guaranteeing a high level of protection of children's health. The Commission indicated that the issue had been subject to internal reflection. There were strong reasons of legal certainty, clarity and transparency that require that amendments of a Directive are made through Directives, and only in very exceptional cases should an amendment be introduced through a Regulation.

Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11. The Chair concluded that there was large consensus that ensuring the protection of children's health was more important than the legal form the amendments of the Toy Safety directive should take. In order to guarantee legal certainty, transparency and absence of conflicting provisions at EU and national level, it is appropriate to make such amendments through Directives unless very urgent and exceptional circumstances justify a different approach.

3. Discussion and vote on a draft amendment of Appendix A of Annex II to the Toy Safety Directive regarding nickel

The Chair presented the draft Directive which provides for an exemption of the use of nickel in parts of toys allowing the electric functioning of toys.

After discussion, it was agreed to introduce some language changes in recital 5 and in Article 1 of the proposal. During the subsequent vote, 25 Member States voted in favour, one Member State abstained and 2 Member States were not represented.

The Committee adopted a favourable opinion on the draft Directive regarding nickel, as amended at the meeting.

4. Discussion and vote on draft amendment of Appendix C of Annex II to the Toy Safety Directive regarding TCEP/TCPP/TDCP

The Chair presented the draft Directive which provides for migration limits for TCEP and its two halogenated alternatives TCPP and TDCP in toys for children under 3 and other toys intended to be placed in the mouth. One Member State requested a minor adaptation to its language version.

During the vote, 25 Member States voted in favour, one voted against and 2 Member States were not represented at the meeting.

The Committee adopted a favourable opinion on the draft Directive regarding TCEP, TCPP and TDCP without any amendments, but with a small correction in one of the language versions.

2 5. Discussion and vote on draft amendment of Appendix C of Annex II to the Toy Safety Directive regarding bisphenol A

The Chair presented the draft Directive which provides migration limits for bisphenol A in toys for children under three years old and in other toys intended to be placed in the mouth.

The Commission recalled that EFSA has launched a consultation on its draft assessment of the human health risks posed by exposure to bisphenol A. The consultation is currently open and the definitive opinion of EFSA is expected in the summer, at the earliest. After discussion, it was concluded that the currently proposed migration limit should be adopted and, if necessary following the definitive opinion of EFSA, it could be amended at a later stage. One Member State requested a minor adaptation to its language version.

During the vote, 26 Member States voted in favour and 2 Member States were not represented at the meeting.

The Committee adopted a favourable opinion on the draft Directive regarding bisphenol A without any amendments, but with a small correction in one of the language versions.

6. Any Other Business

There was no other business.

5. Closing of the Safety of Toys Committee meeting

The Chair thanked all participants and closed the meeting.

3 Annex

List of Participants

COMITOLOGY – Safety of Toys Committee

18 February 2014

Country Organisation Present

Austria Österreichische Agentur für Gesundheit und Ernährungssicherheit X GmbH (AGES) Institut für Lebensmittelsicherheit

Belgium Algemene Directie Kwaliteit en Veiligheid X Veiligheid van de Consumenten

Bulgaria Ministry of Economy and Energy X

Croatia Ministry of Health X

Czech Czech Office for Standards, Metrology X Republic and Testing (COSMT)

Czech Ministry of Health NIPW X Republic

Cyprus Permanent Representation of Cyprus to the EU X

Denmark Danish EPA X

Estonia Ministry of Economic Affairs & Communications X

Estonia Health Board X

Finland Ministry of Employment & Economy X

Finland Finnish Safety & Chemicals Agency (Tukes) X

France Ministère de l’économie et des finances Direction Générale de la X concurrence, de la consommation et de la répression des fraudes (DGCCRF)

France Ministère du redressement productif (DGCIS), SQUALPI X

France SCL Laboratoire de Marseille X

Germany Bundesministerium für Wirtschaft und Energie X

Germany Bundesministerium für Ernährung und Landwirtschaft X

Hungary Permanent Representation of Hungary to the EU X

Ireland National Consumer Agency X

Italy Ministero dello Sviluppo Economico X

4 Country Organisation Present

Latvia Consumer Right Protection Centre X

Lithuania State Non Food Products Inspectorate X

Lithuania Ministry of Economy X

Luxembourg ILNAS Surveillance du marché X

Malta Regulatory Affairs Directorate, Standards Authority X

Netherlands Ministry of Health, Welfare and Sports X

Poland Monitoring of the market Surveillance System Unit X

Poland Ministry of Economic Security X

Romania Permanent Representation X

Slovakia Ministry of Economy X

Slovenia Ministry of Health X

Spain Instituto Nacional del Consumo X

Spain Comunidad Autonoma de Cataluna X

Sweden Swedish Chemical Agency X

Sweden Swedish Consumer Agency X

United Department for Business, Innovation & Skills X Kingdom

United Consumer & Competition Policy Directorate X Kingdom

Norway Norwegian Environment Agency X

European Commission - X DG ENTR

European Commission - X DG SANCO