Background
On 3 May 1988, the EU introduced the Toys Directive. Concerns over the use of phthalates in toys have been particularly prevalent in recent years, leading to the introduction of an EU-wide ban in 2005. On 26 September 2007, the European Parliament adopted a Resolution on the safety of products and particularly toys
A stakeholder consultation launched by the Commission received over 1500 responses.
Issues
On 25 January 2008, the Commission adopted new measures aimed at enhancing toy safety in the light of new product development and improvements in scientific knowledge of chemical substances.
The proposed directive introduces new and more stringent safety requirements to address consumers’ concerns over recently identified chemical hazards and reduce toy-related accidents and health scares. Moreover, it seeks to strengthen the responsibility of manufacturers and importers in ensuring that the toys they market are safe, and aims to enhance the market surveillance obligations of member states.
The main provisions of the legislation are as follows:
Bans on the use of chemical substances that are believed to provoke cancer (so called CMR, or carcinogenic, mutagenic or toxic for reproduction substances), as well as allergenic fragrances.
A reduction in the legal limits of dangerous substances such as lead or mercury.
An obligation for toy manufacturers to establish comprehensive technical information for their products, allowing market surveillance authorities to check toy design and manufacture.
The creation of independent laboratories to test toys for which no standards yet exist, such as those which use magnets.
The legislation obliges Member States to strengthen market surveillance and controls both on the spot and at EU borders and forces them to impose penalties if toy manufacturers or importers to not respect the requirements of the directive. It also enhances the visibility of the CE mark and strengthens rules related to small parts.
Next steps
The proposed directive is to be discussed within the European Parliament and the Council of Ministers with a view to adoption by the co-decision procedure.
Comments
Welcoming the Commission’s proposals in a joint statement, European consumer organisations BEUC and ANEC nevertheless warned that there were exceptions to the measures on dangerous chemical substances that would make it "easy to get around this prohibition" and cautioned that the list of banned allergens was "not exhaustive".
BEUC Director-General Monique Goyens supported the Commission’s efforts to address the issue of dangerous toys but called for "much stricter rules, particularly concerning chemical substances in toys".
ANEC Secretary-General Stephen Russell described the directive as "a step in the right direction", but stressed that "warnings and labels are no substitute for requiring a manufacturer to put safe toys on the market".
Calling for a "total ban on health-disrupting substances in toys," women’s environmental organisation WECF described the legislation as a "good step" but warned that "it is not enough by far."
WECF Director-General Sascha Gabizon lamented the failure to include "hormone-disrupting and neuro-toxic substances" in the ban, such as certain phthalates and synthetic musks, stating it is "unacceptable" for toys to contain any dangerous chemicals at all.
European Child Safety Alliance, EuroSafe Director Joanne Vincenten supports the work being undertaken by the European Commission, but stressed "one of the greatest challenges will be to ensure industry will take on the leadership and responsibilty required to design and manufacture safe toys. This will require industry to adhere to stricter requirements set by the Commission and more enforcement to ensure the requirements are being met."
"Childhood cancers are increasing dramatically by 1% per year on average [1]. So it is a step forward that the Commission is revising the EU toy legislation to address the growing concerns about toxic chemicals in toys and possible links with cancer", says Génon K. Jensen, Executive Director at the Health & Environment Alliance. "However, considering that toys should be totally harmless, and that children are particularly vulnerable to chemicals, the draft revision does not go far enough. It should also include restrictions on more hormone-disrupting and neuro-toxic substances such as certain phthalates and synthetic musks, using the EU list of Endocrine Disruptors, for example.”
For further information
Press Release
Europa webpage on toys industry
EPHA related articles
Improving safety of children’s toys
Exposure of babies in intensive care to chemical DEHP raises concerns
