The MINISTER of ECONOMIC DEVELOPMENT having regard to Directive 2009/48/EC of the European Parliament and of the Council of June 18, 2009, on the safety of toys; Having regard to the Legislative Decree of April 11, 2011, n. 54, implementing directive 2009/48/EC on the safety of toys; See, in particular, article. 32 of the said Legislative Decree No. 54 of 2011, that "updating and amendment of annexes to this Decree caused by updates and amendments to Directive 2009/48/EC shall be by order of the Minister of economic development under article. 11, paragraph 5, of law February 4, 2005, # 11»; Having regard to the Decree of the Minister of economic development May 18, 2012, recorded at the Court of Auditors on June 20, 2012, supervising office Acts MISE-MIPAAF, register no. 7, n. 236, and published in the Official Gazette No. 173 of July 26, 2012 laying ' amendments to annex II of the Legislative Decree of April 11, 2011, n. 54, implementing directive 2012/7/EU of March 2, 2012 amending Annex II, part III, of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, in order to adapt it to technical progress '; View also the law December 24, 2012, n. 234 laying down general rules on the participation of Italy the formation and implementation of legislation and policies of the European Union, and in particular art. 35, paragraph 3 of the same law, which generally adjusting the implementation technical or administrative Executive changes to directives already transposed, confirms that "in matters of art. 117, second paragraph, of the Constitution, not governed by law or regulation issued pursuant to art. 17, paragraphs 1 and 2, of law August 23, 1988, # 400, as amended, and not covered by statutory reserve, European Union directives can be transposed (...) where regulatory, not content with General administrative act by the Minister with competence prevailing in the field '; Having regard to Council Directive 84/EU of 2014/June 30, 2014 amending Annex II, Appendix A to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys regarding nickel; Having regard to Council Directive 79/EU of 2014/June 20, 2014 amending Annex II, Appendix C, of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards the substance TCEP, TCPP and TDCP; Having regard to Council Directive 81/EU of 2014/June 23, 2014 amending Annex II, Appendix C, of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys regarding Bisphenol A; Whereas Directive 81/EU 2014/contains the consolidated version of Appendix C of Directive 2009/48/EC; Considering the necessity of implementing directives 79/84/EU 2014 2014//EU and EU/81/2014, with a single decree to adapt these directives the provisions of annex II of Legislative Decree No. 54 of 2011; Visto l'art. 3, paragraph 1, letter c) of law No. 20 January 14, 1994, laying down rules on jurisdiction and control of the Court of Auditors;
Decrees: Art. 1 amendments to annex II of Legislative Decree No. 54 of 2011 1. Appendix A to annex II of the Legislative Decree of April 11, 2011, # 54, it is replaced by the following: ' Appendix A list of CMR substances and their uses 4, 5 and 6 allowed in accordance with part III === === === === === === === === === === === === === === === === === === === === === === === | Substance | Classification | Permitted use | +=============+=======================+=============================+ | | | In toys and in || | Toy components | | | | | get di acciaio | | |. In | | Toy components | | | | | intended to lead a | Nickel | CMR 2 | electricity.» | +-------------+-----------------------+-----------------------------+ 2. Appendix C to annex II of the Legislative Decree of April 11, 2011, # 54, it is replaced by the following: ' Appendix C specific limit values for chemicals used in toys intended for children under 36 months of age or in other toys intended to be placed in the mouth, adopted pursuant to art. 46, paragrafo 2
=================================================================== | Substance | CAS Number | Limit value | +===================+=====================+=======================+ | TCEP | 115-96-8 | 5 mg/kg (limiting content) | +-------------------+---------------------+-----------------------+ | TCPP | 13674-84-5 | 5 mg/kg (limiting content) | +-------------------+---------------------+-----------------------+ | TDCP | 13674-87-8 | 5 mg/kg (limiting content) | +-------------------+---------------------+-----------------------+ | | | 0.1 mg/1 (limit | | | Migration) | | | | | conformity methods | | | | indicated in EN | | | | 71-10:2005 and EN | | Bisphenol A | 80-05-7 | 71-11:2005 | +-------------------+---------------------+-----------------------+