Vol. 544 No. 3
163 D'fhiafraigh Mr. Sargent den Tánaiste agus Aire Fiontar, Trádála agus Fostaíochta cén plean atá aici cosc a chur ar PVC i mbréagáin mar atá déanta sa Danmhairg, san Fhrainc, san Fhionnlainn, san Iodáil, sa Ghréig, sa tSualainn agus san Ostair agus an gcuirfidh sí feachtas ceart fógraíochta ar bun i leith na ceiste seo. [28819/01]
The Deputy may be referring to the position in relation to a decision adopted by the EU Commission in December 1999 under Article 9 of Directive 92/59/EEC – General Product Safety – prohibiting the placing on the market of toys and child care articles intended for mouthing by children under three years of age, made of, or including, parts of soft PVC containing one or more of six identified substances. The decision requires member states to prohibit the placing on the market of these products. This decision remains in force and the Director of Consumer Affairs continues to enforce the prohibition and has kept the trade advised of the prolongation of the ban. When the ban was first introduced the director issued a press release advising consumers and the trade of the Commission initiative. A copy of this press release is available on the ODCA website – www:odca.ie. A copy of the Commission decision is also available.
The question of providing for the treatment of these products on a long-term basis is being considered at EU level. This will entail amending Directive 76/769/EEC on the marketing and use of dangerous substances and preparations and Directive 88/378/EEC on the safety of toys.
The Director of Consumer Affairs has powers under the European Communities (General Product Safety) Regulations, 1997 – S.I. No. 197 of 1997 and-or the European Communities (Safety of Toys) Regulations, 1990 – S.I. No. 32 of 1990 to ban certain products. Action can only be taken under the regulations, however, when the director is aware of evidence that the product is dangerous to the health and safety of the consumer, or if it does not meet the essential safety requirements. As there is no scientific evidence that all PVC toys are dangerous there are no plans to ban PVC toys in general. Action under the regulations mentioned must relate to specific items and requires that a direction should be addressed to named individuals or operators. The regulations do not provide for the taking of blanket actions.
While I am aware that a number of EU member states have national legislation which would allow them to enforce bans under certain circumstances there are no plans to introduce similar legislation here.
