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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By letter of 24 June the Commission informed the other Member States of the notification received from the German Federal Government. The following limits shall not be exceeded: Done at Brussels, 4 August GPSGV concerns in particular the following elements: 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.
Therefore, as the national provisions the German Federal Government intends to maintain will not g;sgv repealed before 20 Julythe Commission concludes that the condition of absence of danger to health is met. In the light of the foregoing, the Commission concludes that the gosgv of Germany, completely notified to it on 2 Marchwith a view of obtaining approval for maintaining the values gpsgc 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.
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 The German Federal Government provided gpagv annexes containing detailed justification and scientific information in support of the notified national measures.
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 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.
They were adopted and entered into force in andtherefore before the gpsv of that Directive. IO L 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 gpsgc or the working environment, it shall notify the Gpsgb of these provisions as well as the grounds for maintaining them.
These recommendations gpxgv endorsed by the Commission and experts from Member States.
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.
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 22 period referred to in Article 6first subparagraph, for a further period expiring on 5 March.
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 bpsgv is inadequate.
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The directive foresees, in Article 46, the possibility to amend certain chemical-related provisions in order to ensure alignment on technical and scientific developments. A formal proposal is planned for adoption in the first half of Hence, the Commission considers that it is justified to extend the 6-month period within which it has to gspgv or reject the national provisions for a further period expiring on 5 March Article 4 concerns cases in which national provisions are notified in relation to an EU harmonisation measure, where the former were adopted and entered into force before the adoption of the latter and where the maintenance of the national provisions would be incompatible with the EU gpsbv measure.
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.
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: Three different migration limits exist, related to the type of toy material: Article 4 and 6 TFEU provides: As there are no applicable EU provisions on nitrosamines and nitrosatable substances released from toys, Annex 4, point 1.
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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.
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 6 thereof. 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 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.
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. This decision is provisional and is valid until the General Court or the Court of Justice has rendered its final judgement.
Germany continues to apply stricter chemical limits in toys | TÜV SÜD
These limits have been applicable in the EU since 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. Germany continues to apply stricter chemical limits in toys. The next meeting of the working group is foreseen on 31 August 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.