Commercial Information Circulars

Ref : EIC 230/2/1/7 V

2 September 1998

Dear Sirs,

Commercial Information Circular No. 120/98

Ban on the Use of Phthalates in Children's Toys Made of Synthetic Materials in
Austria and the Recommendation of the European Commission on the Use of Certain Phthalates in Polyvinyl Chloride Articles and Toys for Children

The Department has received information that Austria has published a regulation to ban the sale of toys which are made of synthetic materials containing phthalates for children under the age of three. The European Commission (EC) has also delivered a recommendation (the Recommendation) to the Member States (MSS) on the use of certain phthalates in PVC articles and toys. A copy each of the Austrian Regulation (unofficial translation) and the EC Recommendation is appended to this circular for reference.

DETAILS

The Austrian Ban

2. The Austrian ban arises from the concern that phthalates (plasticisers giving products a pliable nature) commonly present in children¡¦s toys which are made of synthetic materials may be released through human mouth contact and cause serious health effects ranging from liver and kidney damage to convulsions. The Austrian regulation effecting the ban was published on 4 August 1998. Details of the ban are as below :

1. The ban covers toys for children under the age of three, which are made of synthetic materials and which are intended to be chewed, sucked or frequently put into the mouth. The regulation does not contain a definition for toys but it is expected that children products including teething rings, play-animals and children¡¦s picture books will be covered.
2. The sale of toys for children will be banned if they have been produced with the addition of phthalate as softener.
3. A transitional period is provided for under the regulation. Toys containing phthalate may still be placed on the market until 31 December 1998.

The Commission's Recommendation

3. In connection, arising from the same concern over the use of phthalates in PVC articles and toys for children, the EC has delivered a recommendation (the Recommendation) to the MSS on 1 July 1998 inviting them to take measures to ensure the safety and health of children. The main points of the Recommendation are as follows :

1. MSS shall adopt the measures required to ensure a high level of children health protection in regard to phthalate-containing soft PVC childcare articles and toys intended to be placed in the mouth of children less than three years old.
2. MSS should check the level of migration of the six phthalates listed in the Annex of the Recommendation, in particular DINP and DEHP, in the products concerned. In this regard, they should follow the limit of tolerable migration level as set out in the Annex of the Recommendation.
3. MSS are required to notify the EC of any measures they wish to take that will restrict the sale of the products concerned.
4. MSS are further required to inform the EC of their test and measurement methods and exchange information with other MSS to achieve a consistent approach throughout the Community.

4. The Recommendation will be reconsidered when new development in testing methods is available. The EC is now awaiting the results of the Dutch study on the migration of phthalates from PVC to the human body, which are expected to be available by the end of August 1998. The EC will work out a proposal for permanent legislation after then.

5. Subsequent to the EC's Recommendation, Austria (as reported above) has adopted a regulation to ban the sale of phthalate-containing toys. Our intelligence indicates that Denmark and Sweden are drafting regulations for similar bans while other MSS have no immediate plan for a ban. They are either awaiting the results of the Dutch study or are conducting their own studies. The Department will continue to monitor development and keep the trade informed.

ENQUIRIES

6. For enquiries about the content of this circular, please contact the undersigned at telephone number 2398 5684.

Yours faithfully,

(Miss Helen YUNG)

for Director-General of Trade

Note : While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same.