Heavy metals in children's toys

EU ruling: Germany has to change limit values ​​for toys

05/15/2014

The limit values ​​for harmful substances in toys are apparently too weak in Germany and must be adapted to European standards. This is clear from a judgment of the European Court of Justice. The reactions to it vary.

German limits worse than EU values
The European Court of Justice (ECJ) ruled (Case T-198/12) that Germany must adapt the limit values ​​for harmful substances in toys. According to the Luxembourg judges, the requirements in this country are not strict enough. Like from a data comparison „clear“ go, the German limits are mostly worse than the EU values. The Federal Ministry of Consumer Protection (BMEL) has said that the verdict is now being examined very carefully, as the ministry has a high level of protection. Minister Christian Schmidt (CSU) said: „It was important and correct that Germany had struggled with all legal means to protect the health of children. This is our highest priority.“ He left open whether Germany lodges an appeal after the defeat and appeals to the European Court of Justice (ECJ) as the next highest instance.

Germany has not demonstrated higher protection
The European Union had set new limits in its toy directive in 2009. The Federal Institute for Risk Assessment also judged that the new EU Toys Directive would lead to an increase of the existing limit values. At the time, however, Germany voted against this decision and at the same time requested that the national limit values ​​be maintained. This was justified by the argument that children are better protected thereby. However, the ECJ sees this differently and in its assessment came to the conclusion that Germany had not demonstrated that the existing limit values ​​provide greater protection than the new European limit values. There are a total of 57 limit values ​​in the EU directive - three according to the categorization for a total of 19 substances. In Germany, on the other hand, only eight pollutants have been distinguished so far. The managing director of the German Association of the Toy Industry (DVSI), Ulrich Brobeil, said: „The EU directive is more differentiated and scientifically more accurate.“

An unfortunate decision for consumers
Although the Stiftung Warentest acknowledges this, it is nevertheless not completely satisfied with the guideline. „Although new substances were added. Their limits are often still too low“, so Dr. Holger Brackemann, chief examiner of Stiftung Warentest. He also criticized the lowered upper limits for heavy metals. „From a technical point of view, this deterioration is not necessary.“ In an interview with test.de he also said: „This is an unfortunate decision for the consumer in Germany.“ He sees the industry as an obligation: „I hope that the providers and the German economy now voluntarily adhere to the old, stricter standard and also inform the consumer accordingly.“

European limits are being accelerated
There are already reactions from the industry to stifle such fears as early as possible. „We exceed the standards. And we will continue to do that“, For example, the family company Playmobil announced. The toy manufacturer claims to spend a high six-digit amount each year for safety checks. The judgment from Luxembourg is not yet final. The Federal Government may challenge it before the next instance, the European Court of Justice (ECJ). Since the court has recognized errors in the explanatory statement of the commission, the German regulations continue to apply for lead. The EU Commission must therefore decide here anew. As stated in a first reaction to the judgment, the Federal Government will accelerate the adoption of European limit values. But you can not say if the manufacturers follow suit just as fast.

Toy with organic seal
News that toys are contaminated with pollutants and poisons keeps cropping up. It is often warned that this or that product can cause allergies or illnesses. Since the legal provisions seem to be often insufficient, parents should focus on toys that carry a bio-seal from the point of view of naturopathy. These can be purchased in specialized organic shops and in some large toy warehouses. However, these toys are sometimes relatively expensive. (Sb)