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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Highlights of the Decisions are summarised in Table A. 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 concludes that the application of Germany, completely notified to it on 2 Marchwith a view of obtaining pgsgv 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.

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

The Commission started the preparatory work for this amendment and the preliminary impact assessment report will be presented for discussion during the next meeting with Member States experts in October 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 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.

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 vpsgv 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 working group decided that further discussion is needed. Article 4 concerns cases in which national provisions are notified in relation to an EU harmonisation measure, where the former were tpsgv and entered into force before the gpwgv of the latter and where the maintenance of the national provisions would be incompatible with the EU harmonisation measure.


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. A complete justification of the request has been sent by the German Federal Government with letter from the Office of its Permanent Representative, dated 2 March 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.

The following limits shall not be exceeded: Other articles in the issue. The application submitted by Germany contains an explanation of the reasons relating to the protection of the human health ypsgv, in the opinion of Germany, justify the maintenance of its national provisions.

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 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 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.

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 Safety Directive TSD would enter into force. 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.

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 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.


Having regard to the Treaty on the Functioning of the European Union, and in particular Article 6 thereof. The German Consumer Goods Ordinance.

They were adopted and entered into force in andtherefore before the adoption of that Directive. Take the next step How can we help you?

Germany continues to apply stricter chemical limits in toys

gpgv 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. The Commission Decision pursuant to Article 6first subparagraph, should therefore await the outcome of the ongoing discussions and evaluations, in order to carefully assess all relevant current or future evidence and draw consequences as regards to the national measures.

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 gpstv 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. GPSGV concerns in particular the following elements: Tuilleadh roghanna cuardaigh uait? The detailed provisions on nitrosamines and nitrosatable substances are laid down in Annex 4, point 1.

These provisions were adopted ingpdgv the context of the absence of specific EU provisions on nitrosamines and nitrosatable substances in toys. 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. 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 According to Article 54, Member States shall bring into force national provisions complying with this Directive by 20 Januaryand they shall apply them as from 20 July