Second regulation to the German equipment and product safety Act (regulation concerning the safety of toys) (2. GPSGV) 2. GPSGV Ausfertigung date. Ira’s 28** 9ZZ*t I20’2 ‘* 61’* ‘9I OOG’OO ‘Z2 Z19* ‘8I9 ‘9H A?a goifil’iqvti jo gpsgv \v}

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After a careful examination of all data and information, the Commission considers that the conditions laid down in Article 6third subparagraph, are met in order for it to have recourse to the possibility of extending the 6-month period within which it has to approve or reject the national provisions notified by Germany.

As there are no applicable EU provisions on nitrosamines and nitrosatable substances released from toys, Annex 4, point 1. Germany continues to apply stricter chemical limits in toys. The Commission Decision pursuant to Article 6first subparagraph, should therefore await the outcome of the ongoing discussions and evaluations, in order to carefully assess gosgv relevant current or future evidence and draw consequences as regards to the national measures.

At the time of adoption of the Directive May Germany voted against its adoption for reasons including its view that the level of protection as regards the chemical requirements is inadequate.

This working group, made up of chemical experts from the Czech Republic, Denmark, Germany, France, Italy, the Netherlands, Austria, Sweden and Industry and Consumer organisations evaluates new scientific information and gives recommendations to Member States and the Commission on how to proceed with the amendment of certain chemical provisions contained in the Directive.

In the light of the foregoing, the Commission considers that the application submitted by Germany with a view to obtaining authorisation to maintain its national provisions on gpsg five elements: These limits have been applicable in the EU since The directive foresees, in Article 46, the possibility to amend certain chemical-related provisions in order to ensure alignment on technical and scientific developments.

The following limits shall not be exceeded: A formal proposal is planned for adoption in the first half of Amendment to acoustic requirements for toys is published and harmonised Recent California Proposition 65 reformulation requirements. Germany contested this decision by bringing an action against the EC in May to ensure that the stricter German limit values would be allowed to remain in place.

The application submitted by Germany contains an explanation of the reasons relating gsgv the protection of the human health which, in the opinion of Germany, justify the maintenance of its national provisions. Three different migration limits exist, related to the type of toy material: In Marchthe EC granted only certain parts of the applicationstating that it was not justified to retain the national provisions for mercury, arsenic and antimony.


IO L By letter of 24 June the Commission informed the other Member States of the notification received from the German Federal Gpwgv.

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In the absence of a Decision by the Gpsgb within this period the national provisions referred to in paragraphs 4 … shall be deemed to have been approved. They were adopted and entered into force in andtherefore before gpsvg adoption of that Directive.

Pursuant to Article 6third subparagraph, TFEU, the period of 6 months referred to in its first subparagraph to approve or reject the national provisions concerning the five elements lead, arsenic, mercury, barium and antimony, as well as for nitrosamines and nitrosatable substancesnotified by Germany on 2 Marchpursuant to Article 4is extended until 5 March The Commission started the preparatory work for this amendment and ggpsgv preliminary impact assessment report will be presented for discussion during the next meeting with Member States experts in October These recommendations were endorsed by the Commission and experts from Member States.

Hence, the Commission considers that it is justified to extend the 6-month period within which it has to approve or reject the national provisions for a further period expiring on 5 March Having gpsfv to the Treaty on the Functioning of the European Union, and in particular Article 6 thereof.

Point 13 of part III of Annex II to the Directive contains specific migration limits for several elements, including lead, arsenic, mercury, barium and antimony. In Januarythe German Federal Government requested the EC for the permission to retain the current national provisions for lead, arsenic, mercury, barium, antimony, nitrosamines and nitrosatable substances in toys beyond 20 July when the new chemicals requirements under the Toy Gpsgf Directive TSD would enter into force.

However, in view of the complexity of the matter and of the absence of evidence highlighting a danger for human health, the Commission considers it justified to extend the period referred to in Article 6first subparagraph, for a further period expiring on 5 March.

A complete justification of pgsgv request has been sent by the German Federal Glsgv with letter from the Gspgv of gpsfv Permanent Representative, dated 2 March Furthermore, on 5 Aprilthe working group recommended to Member States experts the amendment of the current values for lead downwards. In the light of the foregoing, the Commission concludes that the application of Germany, completely notified to it on 2 Marchwith a view of obtaining approval for maintaining the values for lead, arsenic, mercury, barium and antimony, as well as for nitrosamines and nitrosatable substances, gpgsv use in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth, is gpshv.


The working group is expected to finalise its recommendations during the meeting of 31 Augustwhich then will be presented to Member States experts in October With a first letter of its Federal Ministry of Economic Affairs and Gpsvv, received on 20 Januarythe German Federal Government requested the Commission, pursuant to Article 4 TFEU, the permission to retain the existing provisions provided in German law for the five elements: Therefore, as the national provisions the German Federal Government intends to maintain will not be repealed before 20 Julythe Commission concludes that the condition of absence of danger to health is met.

The Scientific Committee for Consumer Safety SCCS is currently evaluating the seriousness of the risk posed by the presence of nitrosamines and nitrosatable substances in balloons and cosmetic products.

Highlights of the Decisions are summarised in Table A. The German Consumer Goods Ordinance.

Germany continues to apply stricter chemical limits in toys

The information received from the BfR contains detailed and complex toxicological data on the abovementioned substances, as well as extended references to scientific reports and literature. Tuilleadh roghanna cuardaigh uait? The detailed provisions on nitrosamines gpzgv nitrosatable substances are laid down in Annex 4, point 1.

Moreover, Germany applied for an interim relief procedure so as to be able to continue applying the existing national limit values until a final decision has been taken by the General Court of the European Union.

The Commission confirmed receipt of the request with letters dated 24 February and 14 Gosgv and set the deadline for her reaction to 5 September in accordance with Article 6 TFEU.

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This decision is provisional and is valid until the General Court or the Court of Justice has rendered its final judgement. Furthermore, Article 4 requires that the notification of the national provisions be accompanied by a description of the grounds relating to one or more of the major needs referred to in Article 36 or to the protection of the environment or the working environment.

The next meeting of the working group is foreseen on 31 August Bain triail as Cuardach casta. The working group decided that further discussion is needed. According to Article g;sgv, Member States shall bring into force national provisions complying with this Directive by 20 Januaryand they shall apply them as from 20 July