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EU ministers agree to ban chemicals in toys

Published 07 October 2004 - Updated 04 May 2007
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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.

EU ministers unanimously voted on 24 September in favour of a ban on toxic chemicals (phtalates) used as plastic softeners in children's toys.

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.

Positions: 
The proposal to ban phtalates permanently had infuriated PVC manufacturers who claimed that risk assessment procedures were being ignored and the precautionary principle misused. The European Council for Plasticisers and Intermediates (ECPI) told EurActiv risk assessments are an "integral part of the procedure" for approval and that its lawyers were now considering taking the issue before the European Court of Justice if the decision is confirmed by Parliament (see EurActiv, 7 September 2004).

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". 

Next steps: 
  • The Council political agreement will be formally approved at a subsequent meeting
  • The text will then be sent to Parliament for final approval
Background: 
Fears that toxic chemicals were ingested by children when chewing plastic toys prompted the Commission to order a temporary ban on phtalates in 1999. Phtalates are used to soften the PVC plastics certain toys are made of and are widely believed to be harmful to human health, causing damage to the reproductive system and increasing the risks of allergies, asthma and cancer.

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.

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