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The Competitiveness Council has unanimously voted in favour of a ban on certain chemicals used in toys for young children. Industry representatives have already stated they were considering legal action.
The 1999 decision was based on an opinion
by the Commission's Scientific
Committee on Toxicity, Ecotoxicity and the Environment (CSTEE). A
proposal to make the ban permanent was tabled shortly after but the
draft has been stuck in Council because EU ministers disagreed over
how far it should go. In 2003, a risk assessment report
published by the
European Chemicals Bureau concluded that DINP, the main phtalate
used in toys, was safe. But in a June 2004 opinion
, the CSTEE overruled the
report, saying the safety of toys was tantamount to the protection
of children's health.
Phtalates are used in a wide range of applications including clothing, PVC building materials, medical products, cosmetics, toys, child care articles and food packaging.
The ban will be applicable to phtalates DEHP, DBP and BBP when their concentrations are greater than 0.1% for all toys and childcare articles, irrespective of the age group they are intended for. The use of three more phtalates (DINP, DIDP and DNOP) will be forbidden for toys intended for children under three years only when concentrations are greater than 0.1% and if they can be placed in child's mouth.
In a statement, the ministers said they took their decision based on the precautionary principle and could therefore review it "in the light of new scientific data". They were meeting in the EU Competitiveness Council which gathers ministers responsible for industry, research and the internal market.
In a statement released before the vote,
the European Consumers Organisation (BEUC)
said "dangerous chemicals do not belong in toys," basing its
position on new scientific studies
that "have identified
phthalates as endocrine (hormone) disrupters and linked the use of
phthalates to allergy, asthma and cancer". BEUC described the
permanent ban on phtalates as "essential for the protection of the
most vulnerable consumers".
Environmental groups applauded the ministers' decision and called on the Parliament to support the Council's position. Friends of the Earth (FoE) and Greenpeace both called on the EU's forthcoming legislation on chemicals, 'REACH', to "properly address both the phase-out of all hormone disrupters and bio-accumulative chemicals and the substitution of all dangerous chemicals with safer alternatives".
In a statement issued on 27 September, the Commission hailed the Council political agreement on phtalates as a "major step forward in protecting children's health and ensuring at the same time the efficient functioning of the single market".