9.10.2013 Official Journal of the European Union L 2677 COMMISSION DECISION of 7 October 2013 authorising Germany to maintain the limit values for antimony, arsenic, barium, lead and mercury beyond the entry into application of the limit values for chemical substances according to Article 55, 2nd sentence of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys in application of the Order of the President of the General Court of 15 May 2013 (T-198/12R) (notified under document C(2013) 6387) (Only the German text is authentic) (Text with EEA relevance) (2013/492[EU) THE EUROPEAN COMMISSION, for nitrosamines and nitrosatable substances. As regards the limit values for arsenic, antimony and mercury — which correspond to the limit values which had been Having regard to the Treaty on the Functioning of the European established by Council Directive 88/378/EEC (°) - the Union, and in particular Article 266 thereof, Commission did not approve the maintenance of the German national provisions. As regards the limit values for lead and barium — which also correspond to the Having regard to the Order of the President of the General values which had been established by Directive Court of 15 May 2013 in Case T-198/12R, 88/378/EEC — the Commission provisionally approved the maintenance of the German national provisions, until the entry into force of new Union limit values for Whereas: lead and barium or until 21 July 2013, whichever date came first. (1)  Directive 2009/48/EC of the European Parliament and of the Cogncil () lays down ryles on the. safety of toys and (4 On 14 May 2012, the German Government brought an on their free movement in the Union. According to action for annulment of the Commission Decision of Article 54 of that Directive, Member States must bring 1 March 2012 before the General Court. In addition, into force national provisions complying with Directive 2009/48/EC by 20 January 2011, and they have to apply them as from 20 July 2011. According to the second the national provisions maintaining the limit values for sentence of Article 55 of that Directive, Part III of Annex antimony, arsenic, barium, lead and mercury, pending II to Directive 2009/48/EC on chemical properties is the Court’s decision on the main action. applicable as from 20 July 2013. Part III of that Annex includes migration limits for 19 elements. on 13 February 2013, the German Government applied for interim relief requesting the provisional approval of (5) By Order of 15 May 2013 in Case T-198/12R, the ) On 20 January 2011, Germany requested the President of the General Court granted the interim Commission, pursuant to Article 114(4) TFEU, the relief measure .sought by the German Government. The permission to retain the existing provisions provided in President considered that under paragraphs 4 and 6 of German law for the elements: lead, arsenic, mercury Article 114 TFEU only the Commission is competent to barium and antimony, as well as for nitrosamines and authorise applications to maintain limit values submitted ) i i 4 ; nitrosatable substances released from toy material, to 1t .b}’ the Member States ( )_‘ Accordmgly,. the beyond the date of entry into force of Annex II, Part Commission was ordered to authorise that the national IIL, to Directive 2009/48]EC. provisions notified by the Federal Republic of Germany concerning limit values for antimony, arsenic, barium, lead and mercury in toys be maintained pending the (3 By Commission Decision 2012/160/EU (3, the Court’s decision in the main proceedings. Commission granted the German Government's request and approved the maintenance of the national provisions (6)  On 26 July 2013, the Commission lodged an appeal (") Directive 2009/48/EC of the European Parliament and of the against the Order of the President of the General Court Council of 18 June 2009 on the safety of toys (O] L 170, (C-426/13P(R)). In accordance with Article 60 of the 30.6.2009, p. 1). Statute of the Court of Justice of the European Union, () Commission Decision 2012/160/EU of 1 March 2012 concerning the national provisions notified by the German Federal Government maintaining the limit values for lead, barium, arsenic, antimony, an appeal does not have suspensory effect. mercury and nitrosamines and nitrosatable substances in toys (}) Council Directive 88/378/EEC of 3 May 1988 on the approximation beyond the entry into application of Directive 2009/48EC of the of the laws of the Member States concerning the safety of toys (O] European Parliament and of the Council on the safety of toys (O] L 187, 16.7.1988, p. 1). L 80, 20.3.2012, p. 19). (*) Paragraph 39 of the Order.