EU EMERGENCY ACTION ON SOFT PVC TOYS

A POLITICAL CHRONOLOGY

April and July 1997 - The Danish government reported on high levels of plasticiser leaching from three soft PVC toys, within the framework of the EU rapid information system and in accordance with the Directive on General Product Safety (Article 8, 92/59/EEC).

September 1997 - Greenpeace releases a report on the analysis of 63 soft PVC toys from around the world; the findings show that they regularly contain between 10 and 40% by weight of hazardous phthalate softeners.

October 22 1997 - The European Commissions Committee for Product Safety Emergencies meets to discuss the issue for the first time.

17 November 1997 - The European Commision gives a mandate to the Scientific Committee on Toxicity, Ecotoxicity and the Environment to look at the impact on children's health by soft PVC toys.

November 27, 1997 - Svend Auken, Danish Minister for the Environment and Energy asked the Danish EPA to work out a proposal for a ban on phthalate-containing toys for small children. He also asked the EU to ban hazardous substances in toys.

December 16, 1997 - Austrian Minister of Consumer Affairs Barbara Prammer issued a draft regulation to ban the sale of certain plastic toys containing plasticizers which they are likely to be sucked or chewed by children under 3 years old. Prammer also ated that she will work for a similar regulation at the EU level. "PVC in children's toys is an undesirable risk which could be avoided quickly and easily by using other materials."

February 9 1998 - The Scientific Committee on Toxicity, Ecotoxity and the Environment formulates its position that soft PVC toys for infants release unacceptable quantities of hazardous substances. Doses of three phthalates (DINP, DEHP and DNOP) from soft PVC toys would exceed the margin of safety

March 10 1998 - The Spanish government writes to the European Commission Environment to demand that efforts be undertaken to urgently adopt a Community measure regarding the danger presented by the migration of phthalates from soft toys and other children articles.

April 24 1998 - The EU Scientific Committee on Toxicity, Ecotoxicity and the Environment adopted their final report and concluded that PVC teething rings leach up to ten times the acceptable level of the phthalates DINP and DEHP.

May 20 1998 - EU Commissioners agree that regulatory action is needed to address the problems of phthalates in soft PVC toys in light of the evidence presented by an EU scientific committee last month. While there was consensus in the college of Commissioners for the need of a directive in its own right to address the problem of phthalates in the long run, agreement on emergency measures is pending a special proposal to be made by Consumer Protection Commissioner Emma Bonino.

June 10 1998 - Emma Bonino proposes an emergency ban on soft PVC teethers and imitation fruits containing the two phthalates DINP and DEHP to a meeting of the Commissioners. She failed to get the support of Commissioners by one vote, and is asked to return with a another proposal.

June 15/16 1998 - The Scientific Committee issues a complimentary opinion following some further questions from the Commission for Consumer Protection, stressing that the present concerns are related to long term toxicity including liver and kidney damage.

July 1 1998 - The Commission adopts a recommendation inviting EU Member States to take measures on soft PVC toys intended to be put into the mouth, while Community legislation for permanent protection is under way. The proposal for emergency action is dropped.

September 22 1998 - The Dutch Government released the results of the study on a standarised and validated test by the Technical Consensus Group. The Dutch Government press release says 'The study concludes that there is presently no reliable laboratory test available for measuring phthalate release. Additional research is required.' The study also re-assessed the exposure and chewing behaviour of children and found that only children under one, in extreme cases, would be exposed over the 'safe' limits. The Dutch Consumer Union, which sat on the Technical Consensus Group, said that it 'increased doubts about the safety of these products. For the Consumer Union this is sufficient grounds for stopping sales immediately.'

October 1998 - The Industry Directorate of the European Commission prepares a draft of long term legislation on the leaching of phthalate plasticisers from soft PVC toys. The Directive is dependent on common laboratory testing procedures, for testing migration limits, and could require Member States to obtain authorisation for banning soft PVC toys.

November 30, 1998 - The European Scientific Committee reconfirms the hazards posed by soft PVC toys. After examining major recent studies on the issue, (including the one done by the Dutch Consensus Group which plays down the hazards posed by soft PVC toys), the Scientific Committee on Toxicity, Ecotoxicity and the Environment (SCTEE) has reached the conclusion that the levels of chemical softeners leaching from soft PVC toys (the phthalates DINP and DEHP) exceed safety limits and give reason for concern. Greenpeace and consumer groups called once again for an emergency ban on soft PVC toys.


December 21 1998. In a letter to 28 members of Congress, Vice President Gore (on behalf of President Clinton) announced steps to have relevant government agencies investigate the hazards of phthalates in PVC toys. In addition the Administration announced a reversal of their lobbying position on this issue with regard to stronger policies by other countries; "I have made it clear that the Departments of Commerce and Sate should refrain from any actions to discourage individual countries, whether in the European Union or elsewhere, from implementing precautionary measures they deem appropriate to restrict the marketing or use of products containing phthalate[s]."

January 21 1999. EU Commissioner Emma Bonino said in an interview on BBC Radio 4 (You and Yours) that that she will be reconsidering a proposal for an emergency ban on a limited number of soft PVC toys, such as those designed to go in the mouth, and that she had written to all the commissioners on the issue. This follows the letter from US Vice President Al Gore, which removes the concerns about trade barriers and will make it more likely to be agreed by Commissioners.

February 1 1999. The EU Industry Commission proposes a permanent restriction on soft PVC toys, covering toys and childcare articles INTENDED to be put into the mouth by under three's, specifying an unlimited ban on the use of DEHP, but setting a migration limit for the most commonly used phthalate DINP. The majority of EU Member States at the meeting (Germany, Spain, France, Italy, Austria, Sweden, Denmark and Greece) made it clear that they want a ban on the use of ALL phthalates in certain soft PVC toys and childcare articles and would not accept a migration-based approach.

March 16 1999. All 20 EU Commissioners step down in a scandal about internal corruption. The proposal for an emergency ban is dropped as it is a controversial decision that would have to be taken by vote.

May 4 1999. The European Parliament agrees a resolution on consumer policy which requests a ban of soft PVC toys for children under three containing phthalates, joining 9 EU countries which are either working on national bans and/or support EU wide bans.

September 2-3 1999 - Before a hearing of the Environment Committee of the European Parliament, the new EU Commissioner of Consumer Protection and Health, David Byrne made the following statement on PVC toys: "This is a very important question and I am very pleased that you ask it. I am convinced that phthalates pose serious risks in certain toys. I will work for an amendment of the general product safety directive. I had detailed discussions with the directorate general and noted the concern that there has been no better success so far. 8 Member States have taken action so far, which shows that there is strong evidence about the dangers. The issue has been dealt with at high level before and I am determined to have a second bite at the cherry."


September 30 1999. The European Scientific Committee (CSTEE) published two opinions which stated that the two leaching tests developed in the Netherlands and in the UK are not suitable for regulatory purposes due to their poor reproducibility, and that the setting up of an ISO ring test would be a "waste of resources" . Secondly, the CSTEE concluded that the use of the phthalate substitutes that were examined (citrates and adipates) cannot be supported. learned. The committee's findings re-open the possibility that the Commission may now propose an EU-wide ban on phthalates in PVC toys designed to be sucked or chewed by babies. The European Commission also said that EU governments may continue to ban toys containing phthalates as there is still no conclusive evidence it is unsafe for children.

10 November 1999 - The European Commission agreed on a proposal for both an emergency and a permanent ban of soft PVC teething toys for children under three years old. Both ban proposals would only cover the toys intended to be put into the mouth. All toys that are not meant for teething but are likely to end up in a child's mouth would merely be labelled 'to be kept out of mouth', a measure which could take 3-4 years to take effect. In addition, no immediate market withdrawal of the banned toys is foreseen in the EU Commission proposal. The EU Commission will also ask the Scientific Committee of Toxicity, Ecotoxicity and the Environment whether the ban should cover all toys for children under three.