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A Dutch Presidency proposal to introduce a permanent ban on the use of phtalates in toys is infuriating industry. They say risk assessment procedures are being ignored and the precautionary principle misused.
Phtalates are used in a wide range of applications including clothing, PVC building materials, medical products, cosmetics, toys, child care articles and food packaging.
Fears that the chemicals were 'leaching' from toys
chewed by children prompted the Commission to order a
temporary ban on phtalates in 1999, based on an
opinion
by the its Scientific Committee on Toxicity, Ecotoxicity
and the Environment (CSTEE). The Commission proposed to
make the ban permanent shortly afterwards 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 June 2004, the CSTEE issued a
second opinion
denying those conclusions, saying the EU policy is to
give a "high priority to the protection of health of
children" (EU White Paper on Environment and Health
2003).
Dutch Presidency proposals to permanently ban hazardous chemicals used in toys for young children have angered the vinyl and toy industries.
In a recent move, the Presidency has proposed to permanently ban the use of phtalates in toys that are specifically intended to be put in the mouths of children under three (DEHP, DBP and BBP). The ban would also apply to three more phtalates (DINP, DIDP and DNOP) used in toys which can be chewed by children but which are not specifically intended to be.
The draft is based on new EU plans to make children's
health protection a priority including the provision of a
"chemicals-free environment" (sse
EurActiv, 29 June 2004
).
Tim Edgar, deputy director of the European Council for Plasticisers and Intermediates (ECPI) , says industry is "very concerned" because the proposal ignores agreed EU risk assessment procedures.
Edgar points to the "six years" and the "many millions" spent by industry working with the Member States on testing DINP. "This has been ignored and is upsetting us because it has been agreed by the Member States," Edgar says. Moreover, he feels that the ban, if agreed by the Competitiveness Council on 24 September, would be a "misuse of the precautionary principle". "This is now all in the hands of lawyers," Edgar says.
Greenpeace said they were "crossing [their] fingers". "For us it is a natural step to extend the ban," said Nadia Haiama-Neurohr, senior policy officer. She denied that risk assessment procedures had been ignored, saying "risk assessment in itself cannot prove anything because it doesn't take account of multiple exposure. (...) There are a lot a problems with traditional risk assessment procedures".
When presented at a Council working group, the Dutch proposal got the backing of many Member States, making the Dutch Presidency confident that an agreement can be reached, sources in the Council have told EurActiv.
The Competitiveness Council may take a decision on the issue on 24 September (pending a decision by COREPER on 8 September to put the proposal on the agenda)
(22 June 2004)
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