2 GPSGV PDF

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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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 Furthermore, on 5 Aprilthe working group recommended to Member States experts the amendment of the current values for lead downwards. The German Consumer Goods Ordinance.

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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 With a first letter of its Federal Ministry of Economic Affairs and Technology, received on 22 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: The German Federal Government provided several annexes containing detailed justification and scientific information in support of the notified national measures.

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 Highlights of the Decisions are summarised in Table A. 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 is expected vpsgv finalise its recommendations during the meeting of 31 Augustwhich then will be presented to Member States experts in October In Januarythe German Federal Government requested the EC for the permission gpdgv 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.

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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. Therefore, as the national provisions the German Federal Government intends gpdgv maintain will not be repealed before 20 Julythe Commission concludes that the condition of absence of danger to health is met.

However, in view of the complexity of the matter gpdgv 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. These provisions were adopted inin the context of the absence of specific EU provisions on nitrosamines and nitrosatable substances 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. In the absence of a Decision gpsgc the Commission bpsgv this period the national provisions referred to in paragraphs 4 … shall be deemed to have been gpssgv. 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.

The Commission will seek the opinion of the working group on the detailed justification received from Germany, to determine if it can be considered gpshv new scientific information and therefore used as a basis for amending the chemical provisions of the Directive by setting out stringent requirements. The working group discussed the current limit values for barium, and stated that no new scientific evidence was available; however different assessments gppsgv scientific organisations were taken.

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

Article 4 and 6 TFEU provides: 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. As the national requirements are more stringent gspgv the requirements under the TSD, they would provide a higher level of protection for children. 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.

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GPSGV concerns in particular the following elements: Having regard to the Treaty on the Functioning of the European Union, and in particular Article 6 thereof. 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. 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 the five elements: 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.

The directive foresees, in Article 46, the possibility to amend certain chemical-related provisions in order to ensure alignment on technical and scientific developments. 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 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 gpsgg 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 Three different gpsgg limits exist, related to the type of toy material: Furthermore, Article 4 requires that the notification of the national provisions be accompanied by a description of the grounds relating gpsyv 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. Article 4 concerns cases in which national provisions are notified glsgv 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 harmonisation measure.