Germany Loses Challenge to Apply Lower Heavy Metal Levels in Toys

June 13, 2014 - PRLog -- Germany recently lost a challenge to maintain national limits for five soluble heavy metals. Germany will follow the specifications for soluble heavy metals under the Toy Safety Directive 2009/48/EC. The effective date would be considered as immediate.

Germany to Apply Existing Heavy Metal Level Limits in Toys

In May 2013, the General Court of the European Union (EU) published a press release stating that Germany may continue to apply its existing limits for 5 soluble heavy metals (antimony, arsenic, barium, lead and mercury) in toy materials until a final decision is made by the court (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/000006/sgs-safeguards-11913-germany-may-continue-to-apply-existing-limits-for-certain-heavy-metals-in-toys-a4-en-13.pdf).

On 14 May 2014, the General Court of the EU published Press Release No 72/14 (Judgment in Case T-198/12, Germany vs Commission) to

1. Dismiss Germany’s action regarding soluble arsenic, antimony and mercury.

2. Annul the Commission’s decision in so far as it approved the German limits for soluble lead until 21 July 2013.

3. Declare, at Germany’s request, that there is no longer any need to adjucate on the action for soluble barium.

German Specifications for Metal Levels in Toys

As a result, Germany in effect will follow the specifications for soluble antimony, arsenic, barium, lead and mercury under the Toy Safety Directive 2009/48/EC (TSD) with immediate effect (http://curia.europa.eu/jcms/upload/docs/application/pdf/2...).

Highlights of the Press Release are summarized in Table 1 within the latest SafeGuards bulletin (http://newsletter.sgs.com/eNewsletterPro/uploadedimages/0...).

Remarks:

- Germany to follow the specifications for soluble heavy metals under the Toy Safety Directive 2009/48/EC (EN 71-3:2013). This can be considered as immediate.

- An appeal, limited to points of law only, may be brought before the Court of Justice against the decision of the General Court within 2 months of notification of the decision

About SGS Services for Toys and Juvenile Products

Throughout a global network of laboratories, SGS is able to provide a range of services, including analytical testing and consultancy for soluble heavy metals and other restricted substances in toys for the EU (http://www.sgs.com/en/Consumer-Goods-Retail/Toys-and-Juve...) and international markets.

Please do not hesitate to contact an SGS expert for further information.

Contact details:

SGS Consumer Testing Services

HingWo Tsang
TJP Information and Innovation Manager
SGS Hong Kong Limited
1/F On Wui Centre
25 Lok Yip Road
Fanling, N.T., Hong Kong, China

t: +852 2774 7420
Email: cts.media@sgs.com
Website: www.sgs.com/toys

SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 80,000 employees, SGS operates a network of over 1,650 offices and laboratories around the world.