L 315/46 Official Journal of the European Communities 9.12.1999 COMMISSION DECISION of 7 December 1999 adopting measures prohibiting the placing on the market of toys and childcare articles intended to be placed in the mouth by children under three years of age made of soft PVC containing one or more of the substances di-iso-nonyl phthalate (DINP), di(2-ethylhexyl) phthalate (DEHP), dibutyl phthalate (DBP), di-iso-decyl phthalate (DIDP), di-n-octyl phthalate (DNOP), and butylbenzyl phtha- late (BBP) (notified under document number C(1999) 4436) (Text with EEA relevance) (1999/815/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 92/59/EEC of 29 June 1992 on general product safety ("), and in particular Article 9 thereof, Whereas: 1) Pursuant to Article 3 of Directive 92/59/EEC, producers are obliged to place only safe products on the market; the Directive stresses in particular the need to ensure a high level of protection of the health and safety of children; Article 9 of the Directive provides that the Commission may, under certain conditions and in conformity with the procedure set out in the Directive, adopt a decision requiring Member States to take temporary measures to prevent, restrict or submit to particular conditions the placing on the market of a product, or requiring its withdrawal from the market, if it presents a serious and immediate risk to the health and safety of consumers; The Commission may adopt such a decision with regard to a product which, in accordance with information provided by a Member State, presents a serious and immediate risk and in respect of which one or more Member States have adopted measures entailing restric- tions on the marketing of the product or requiring its withdrawal from the market; Such a decision is subject to the conditions that Member States differ on the adoption of measures to deal with the risk in question; that the risk cannot be dealt with in a manner compatible with the urgency of the case under the other procedures laid down by the specific Community legislation applicable to the product or category of products concerned; that the risk can be eliminated effectively only by adopting appropriate measures applicable at Community level, in order to ensure the protection of the health and safety of consumers and the proper functioning of the internal market; () O] L 228, 11.8.1992, p. 24. () The Danish authorities have informed the Commission, in four notifications presented in April and July 1997 under Article 8 of Directive 92/59/EEC, of the serious and immediate risk presented by certain soft PVC teething rings containing the phthalates DINP, DEHP, DBP, DIDP, DNOP and BBP; The Spanish authorities have informed the Commission, in a notification presented in the same framework in February 1998, of the risk presented by a soft PVC imitation fruit containing the phthalate DINP, intended for children; The Greek authorities adopted on 15 January 1999 measures concerning the withdrawal from the market of soft PVC childcare articles intended for teething by infants and the prohibition of the import and marketing of certain soft PVC toys intended for children under the age of three years; The Austrian authorities adopted on 4 August 1998 a law prohibiting toys containing phthalates; intended for children of less than three years of age, which are, under normal and foreseeable conditions of use, sucked, chewed or otherwise frequently placed in the mouth; The Danish authorities issued on 15 March 1999 a Statutory Order prohibiting the production, import and marketing of childcare articles intended or likely to be placed in mouth, and of toys, and products which must be expected to be used as toys by children under the age of three years, or parts thereof, containing more than 0,05 % of phthalates; The Swedish authorities adopted on 10 June 1999, a measure prohibiting the marketing and sale of phthalate- containing toys and childcare articles intended for chil- dren under three years of age and which can be put in the mouth; The Finnish authorities adopted on 23 September 1999, a Resolution of the Council of State prohibiting child- care articles and toys which can be put into the mouth by children under three years of age which are made of soft PVC and contain more than 0,05 % by weight of DINP, DEHP, DBP, DIDP, DNOP or BBP;