
Article 1 
Directive 76/769/EEC is amended as follows:

1.. the following point shall be added to Article 1(3):
'
((c)) “childcare article” means any product intended to facilitate sleep, relaxation, hygiene, the feeding of children or sucking on the part of children.';
2.. Annex I shall be amended as set out in the Annex to this Directive.
Article 2 
The Commission shall re-evaluate, by 16 January 2010 at the latest, the measures provided for in Directive 76/769/EEC as amended by this Directive in the light of new scientific information on substances described in the Annex to this Directive and their substitutes, and if justified, these measures shall be modified accordingly.
Article 3 

1. By 16 July 2006 Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.They shall apply these measures from 16 January 2007.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 4 
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
Article 5 
This Directive is addressed to the Member States.
Done at Strasbourg, 14 December 2005.
For the European Parliament
The President
J. BORRELL FONTELLES
For the Council
The President
C. CLARKE
ANNEX

The following points shall be added to Annex I to Directive 76/769/EEC:
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[XX.] The following phthalates (or other CAS- and EINECS numbers covering the substance):
 bis (2-ethylhexyl) phthalate (DEHP)
CAS No 117-81-7
Einecs No 204-211-0
 dibutyl phthalate (DBP)
CAS No 84-74-2
Einecs No 201-557-4
 benzyl butyl phthalate (BBP)
CAS No 85-68-7
Einecs No 201-622-7 Shall not be used as substances or as constituents of preparations, at concentrations of greater than 0,1 % by mass of the plasticised material, in toys and childcare articles.Such toys and childcare articles containing these phthalates in a concentration greater than the limit mentioned above shall not be placed on the market.
[XXa.] The following phthalates (or other CAS- and EINECS numbers covering the substance):
 di-“isononyl” phthalate (DINP)
CAS No 28553-12-0 and 68515-48-0
Einecs No 249-079-5 and 271-090-9
 di-“isodecyl” phthalate (DIDP)
CAS No 26761-40-0 and 68515-49-1
Einecs No 247-977-1 and 271-091-4
 di-n-octyl phthalate (DNOP)
CAS No 117-84-0
Einecs No 204-214-7 Shall not be used as substances or as constituents of preparations, at concentrations of greater than 0,1 % by mass of the plasticised material, in toys and childcare articles which can be placed in the mouth by children.Such toys and childcare articles containing these phthalates in a concentration greater than the limit mentioned above shall not be placed on the market.'
