Commercial Information Circulars

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Ref : EIC 230/2/12

22 March 2012

Dear Sirs,

Commercial Information Circular No. 227/2012

European Union (EU)* : Limit Values for Lead, Barium, Arsenic, Antimony, Mercury and Nitrosamines and Nitrosatable Substances in Toys

The European Commission (the Commission) has adopted a Decision concerning the national provisions notified by Germany for maintaining the limit values for lead, barium, arsenic, antimony, mercury, as well as nitrosamines and nitrosatable substances in toys. Details are set out in the Commission Decision 2012/160/EU, which can be accessed through the following link:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:080:0019:0029:EN:PDF

DETAILS

2.On 20 January 2011, the German Federal Government requested the Commission’s permission to retain the existing provisions provided in German law for the five elements: lead, arsenic, mercury, barium and antimony, as well as for nitrosamines and nitrosatable substances released from toy materials, beyond the entry into force of Directive 2009/48/EC concerning the safety of toys.

3.Considering the detailed justification including scientific studies on health assessment of the concerned substances provided by the German Federal Government, the Commission made the following conclusions:

Mercury, Arsenic and Antimony

• -The national provisions notified by Germany in relation to mercury, arsenic and antimony are not approved, considering that they are not justified on grounds of major need of protection of human health.

Lead and Barium

• -The national provisions notified by Germany in relation to lead and barium are approved until the date of entry into force of EU provisions setting new limits for lead and barium in toys or 21 July 2013, whichever comes first. Those national measures are considered as justified by the need to protect human health and that they do not constitute either a means of arbitrary discrimination, a disguised restriction on trade between Member States, or a disappropriate obstacle to the functioning of the EU internal market.

Nitrosamines and Nitrosatable substances

• -The national provisions notified by Germany in relation to nitrosamines and nitrosatable substances are approved. Those national measures are considered as justified by the need to protect human health and that they do not constitute either a means of arbitrary discrimination, a disguised restriction on trade between Member States, or a disappropriate obstacle to the functioning of the EU internal market.

ENQUIRIES

4.For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5556.

Yours faithfully,

(Miss Anita WONG)

for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.