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Phthalates – the current EU directive takes effect


The Directive 2005/84/EC on Restrictions on the Marketing and Use of Certain Dangerous Substances and Preparations (phthalates in toys and baby articles) passes on to the relevant state law on 16 January 2007. On 27 December 2005 the expected EU Directive was published which will govern the use of phthalates in toys and baby articles. DIRECTIVE 2005/84/EC on Restrictions on the Marketing and Use of Certain Dangerous Substances and Preparations (phthalates in toys and baby articles) dated 14 December 2005. After publication the Directive has to be conveyed to the relevant state law before 16 July 2006. Another six months later, i.e. before 16 January 2007, this Directive has to be used in the countries of the EU. The contents of the decision are shown on the last page. We would like to point out the following:

1. The regulation does not refer to the sum of the mentioned phthalates. Every single phthalate must not exceed the limit value of 0.1%.

2. Until the Foods and Commodities Ordinance is amended, the regulation published in the 6th ordinance for amendment of the Foods and Commodities Ordinance shall be effective in Germany, (cf. TÜV Rhineland, information of phthalates – “Phthalates, currently effective legislation, date of issue 01/11/2005”; the important paragraphs have been enclosed on the last page as an excerpt from said information).

It must be noted that, apart from toys for children up to 14 years of age, also many articles for infants are concerned. Also the following articles have to be taken into consideration:

1.Clothes for infants up to 36 months of age (special attention must be paid to prints, trimmings, imitation leather).

2. Other plastic material such as ABS, TPR, EVA (other than PVC may also contain phthalates)

3. Varnished wooden toys and other varnished articles (plasticisers in the varnish)

The criterion „put in their mouths” requires more detailed specification by the committees in Germany or of the EU. It will depend on this outstanding description how far the following toys and baby articles or parts thereof are excluded from the restrictive prohibition of DINP, DIDP and DNOP:

1. Back and side parts of plastic cushions of high chairs which are not accessible for infants in a sitting position.

2. Plastic parts on cots and cradles which are not accessible (however, this does not include coated grabs because children usually put these into their mouths as well as all loose parts hanging on the inner side).

3. Rain covers and sun protection for prams

4. Parts of prams, handles, wheels, shopping bags, footrests (but not the inner part of the seat and of the safety bar).

5. Parts of changing tables, children’s telephones (not the handset however), small (toy) cars, but not handles and steering wheels
6. Children’s telephones, but not the handset
7. Small (toy) cars, but not handles and steering wheels
8. Inflatable bouncy animals, but not the parts that children can put in their mouths, e.g. ears
 
You can download the complete PDF file of TÜV here: PDF Phthalates

 
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