Erhvervsudvalget 2007-08 (2. samling)
KOM (2008) 0009 Bilag 4
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ANEC-CHILD-2008-G-035
19 June 2008
ANEC/BEUC Fact sheet
The Precautionary Principle should be introduced in the Toys Directive
Background
The precautionary principle aims at dealing with the risk to human health and the
environment in cases where the level of risk is not insignificant and where there is
scientific uncertainty. The precautionary principle is an established principle in
Community Law. It is applied in environmental regulation as well as in other related
policy areas such as product safety
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, public health and food
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.
In the General Product Safety Directive (GPSD), the precautionary principle is
mentioned in recital 1 and Article 8.2. Unlike in the EU general food law, there is no
proper definition of the precautionary principle in the GPSD. However, it is generally
understood as to allow legislators to take risk management measures to ensure the
high level of health protection where the possibility of harmful effects on health is
identified but scientific uncertainty persists.
Applied in the toy safety area, the precautionary principle would imply that legislators
could take protective measures e.g. appropriate action against a toy even though
accident data is incomplete or uncertain. Legislators would not any more have to wait
for complete evidence of the existence and the gravity of certain risks.
In Art. 37 of the Proposal for a revised Toy Safety Directive, only reference is made
to Art. 8 of the GPSD thus including the precautionary principle into the Toys
Directive. In addition, the precautionary principle is mentioned under point 3.1.4 of
the explanatory memorandum to the Commission proposal as follows:
"... it is appropriate to proceed to an assessment of the hazard inherent in toys in
food on the basis of the precautionary principle..."
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.
However, these provisions are not satisfactory and may lead to misinterpretation and
a lack of legal certainty for economic operators.
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Directive 2001/95/EC on General Product Safety.
Recitals (20) and (21) and Article 7 of Regulation 178/2002/EC laying down the general
principles and requirements of food law, establishing the European Food Safety Authority and
laying down procedures in matters of food safety.
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Reference is made in a footnote to "Commission Communication COM (2000) 1, 1.2.2000".
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Our proposals for amendments
Article 1
Subject-matter and scope
1. This Directive lays down rules on the safety, and the free movement in the
Community, of products designed or intended, whether or not exclusively, for use in
play by children under 14 years of age, hereinafter "toys" in accordance with the
precautionary principle.
Justification
As children are a vulnerable consumer group, the introduction of the precautionary
principle is justified. This is of particular importance with respect to exposure to
chemicals.
Applied in the toy safety area, the precautionary principle would imply that
legislators could take protective measures e.g. appropriate action against a toy even
though accident data is incomplete or uncertain. Legislators would not any more have
to wait for complete evidence of the existence and the gravity of certain risks.
Article 9
Essential safety requirements
1. Member States shall take all measures necessary to ensure that toys may not be
placed on the market unless they comply with the essential safety requirements set
out, as far as the general safety requirement is concerned, in paragraph 2, and, as far
as the particular safety requirements are concerned, in Annex II.
Member States should take the precautionary principle into due account.
Justification:
The General Product Safety Directive (Art 8.2, 1st para) states that the precautionary
principle should be taken into due account when the competent Member States
Authorities take market surveillance measures against a product. Since child safety is
concerned when it comes to toys, the Toy Safety Directive should provide a level of
safety which is at the very least as high as the GPSD.
Article 17
Safety assessments
Manufacturers shall, before placing a toy on the market, carry out an analysis of the
chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity
hazards that the toy may present and an assessment of the potential exposure to them.
The absence of an accident history should not automatically be taken as a low
presumption of risk.
Justification:
It may not always be possible to base risk reduction measures or product
specifications on clear scientific evidence of harm due to a lack of scientific data or
poor accident statistics, in particular in the case of chemical risks. As children
represent a vulnerable consumer group, a precautionary approach needs to be taken.
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The absence of an accident history, a small number of accidents or a low severity of
accidents with a certain toy or product should therefore not be taken as an automatic
presumption of a low level of risk. This is even more justified considering the
uncertainty and data gaps that exist about possible non-acute health effects to
children from chemicals used in toys.
END.
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