May 28, 2020   |   by admin

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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At the time of adoption of the Directive May Germany voted against its adoption bpsgv reasons including its view that the level of protection as regards the chemical requirements is inadequate. Article 4 and 6 TFEU provides: The Commission Decision pursuant to Article 6first subparagraph, should therefore await the outcome of the ongoing gpsv and evaluations, in order to carefully assess all relevant current or future evidence and draw consequences as regards to the national measures.

These recommendations were endorsed by the Commission and experts from Member States.

EUR-Lex – D – GA – EUR-Lex

Germany continues to apply stricter chemical limits in toys. The next meeting of the working group is foreseen on 31 August The Commission started the preparatory work for gpagv amendment and the preliminary impact assessment report gpsgf be presented for discussion during the next meeting with Member States experts in October The working group decided that further discussion is needed.

Highlights of the Decisions are summarised in Table A. 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.

According to Article 54, Member States shall bring into force national provisions complying with this Directive by 20 Januaryand they gpsyv apply them as from 20 July Done at Brussels, 4 August GPSGV concerns in particular the following elements: This decision is provisional and is valid until the General Court or the Court of Gsgv has rendered its final judgement.

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 These limits have been applicable in the EU since IO L The application submitted by Germany contains an explanation of the reasons relating to the protection of the human health which, in the opinion of Germany, justify the maintenance of its national provisions.

The German Federal Government provided several annexes containing detailed justification and scientific information in support of the notified national measures.


EUR-Lex Rochtain ar dhlí an Aontais Eorpaigh

Take the next step How can we help you? If, after the adoption by the Council or by the Commission of a harmonisation measure, a Member State deems it necessary to maintain national provisions on grounds of major needs referred to in Article 36, or relating to the protection of the environment or the working environment, it shall notify the Commission of these provisions as well as the grounds for maintaining them.


The detailed provisions on nitrosamines and nitrosatable substances are laid down in Annex 4, point 1. 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. December, Relevant for: 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.

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 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.

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.

Germany continues to apply stricter chemical limits in toys

As the national requirements are more stringent than the requirements under the TSD, they would provide a higher level of protection for children. The Commission confirmed receipt of the request with letters dated 24 February and 14 March and set the deadline for her reaction to 5 September in accordance with Article 6 TFEU. In the absence of a Decision by the Commission within this period the national provisions referred to in paragraphs 4 … shall be deemed to have been approved.

Three different migration limits exist, related to the type of toy material: 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.

Germany continues to apply stricter chemical limits in toys | TÜV SÜD

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, for use in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth, is admissible.

These provisions were adopted inin the context of the absence of specific EU provisions on nitrosamines and nitrosatable substances in toys. By letter of 24 June the Commission informed the other Member States of the notification received from the German Federal Government. 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 working group discussed the current limit values for barium, and stated that no new scientific evidence was available; however different assessments by scientific organisations were taken.

A formal proposal is planned for adoption in the first half of Having regard to the Treaty on the Functioning of the European Union, and in particular Article 6 thereof. 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.

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. In Marchthe EC granted only certain pgsgv of the applicationstating that it was not justified to retain the national provisions for mercury, arsenic and antimony. As there are no applicable EU provisions on nitrosamines and nitrosatable substances released from toys, Annex 4, point 1.

In the light of the foregoing, the Commission considers that the application submitted by Germany with a view to obtaining authorisation gpsbv maintain its national provisions gpssgv the five elements: The following limits shall not be exceeded: The Commission will seek the opinion of the working group on the detailed justification received from Germany, to determine if it can be considered as new scientific information and therefore used as a basis for amending the chemical provisions of the Directive by setting out stringent requirements.

With a first letter of its Federal Ministry of Economic Affairs and Technology, 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: Article 1 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 In particular, health assessment from the BfR on lead, antimony, barium, arsenic and mercury, as well as on nitrosamines and nitrosatable substances, dating from Januarywas provided.

They were adopted and entered into force in andtherefore before the adoption of that Directive.