Assignment 3 On 1 September 2023, the European Parliament and the Council of Ministers adopted Directive 2023 ABC (see the Annex), which amends Directive 2011 XYZ on the safety of toys Directive 2023 ABCprohibits the use of certain materials for the manufacture of toys in order to protect the health of consumers In the second reading of the legislative procedure, the European Parliament added recycled materials to the list of materials prohibited for the use in the manufacture of toys targeting children under three years because of the risk of some substances causing harm in case small children bite or lick the toys In its opinion, the Commission rejected the amendment, since not all recycled materials could be considered as dangerous However, the Council, by qualified majority, approved the amendment by the Parliament, and the Directive was adopted Your client, Green Toys Ltd , is an environment conscientious manufacturer of toys, established in Ireland, which uses recycled materials to manufacture the majority of the toys it sells It is active mainly on the EU market The company is seeking your legal advice, since it is concerned that the Directive may affect its business activities Advise your client on whether there is any legal remedy under EU law available to it to challenge Directive 2023 ABC ANNEX DIRECTIVE(EU) No2023 ABCOF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 1September 2023 amending Directive (EU) No 2011 XYZ on the safety of toys (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article114 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Economic and Social Committee, Acting in accordance with the procedure laid down in Article294 of the Treaty, Whereas There are differences between national provisions governing the use of recycled materials in the manufacture of toys and the marketing of such products Those differences adversely affect the operation of the internal market in products, which contain or may contain recycled materials, and constitute barriers to trade in such products The measures provided for in this Directive should therefore amend Directive 2011 XYZ and harmonize the rules across the Union as regards commercial activities concerning toys containing recycled materials, and thereby prevent the disturbance of the internal market in the products concerned HAVE ADOPTED THIS DIRECTIVE Article1 This Directive amends Directive 2011 XYZ on the safety of toys and establishes harmonized rules concerning the placing on the market of toys containing recycled materials Itsaim is toensure the establishment and the functioning of the internal market and to avoid distortions of competition, since differences in national legislations may hamper the trade in these products within the internal market Moreover, it aims to ensure a high level of protection of the health of consumers, in particular of children Article2 Article 2 of Directive 2011 XYZ (containing a list of prohibited materials that may not be used in the manufacture of toys) shall be amended by adding the following provisions The use of recycled materials shall be prohibited for the use in the manufacture of toys targeting children under three years because of the risk of some substances causing harm in case small children bite or lick the toys Article 3 Member States shall not impede the placing on the market in their territory of toys, which comply with the Directive Article4 Member States shall adopt and publish, by 1 September 2025, the laws, regulations and administrative provisions necessary to comply with this Directive

The Answer is in the image, click to view ...

Answered step by step

Verified Expert Solution

Link Copied!

Question

1 Approved Answer

Posted on Jun 30, 2024

Assignment 3 On 1 September 2023, the European Parliament and the Council of Ministers adopted Directive 2023/ABC (see the Annex), which amends Directive 2011/XYZ on

Assignment 3

On 1 September 2023, the European Parliament and the Council of Ministers adopted Directive 2023/ABC (see the Annex), which amends Directive 2011/XYZ on the safety of toys. Directive 2023/ABCprohibits the use of certain materials for the manufacture of toys in order to protect the health of consumers.

In the second reading of the legislative procedure, the European Parliament added recycled materials to the list of materials prohibited for the use in the manufacture of toys targeting children under three years because of the risk of some substances causing harm in case small children bite or lick the toys. In its opinion, the Commission rejected the amendment, since not all recycled materials could be considered as dangerous. However, the Council, by qualified majority, approved the amendment by the Parliament, and the Directive was adopted.

Your client, Green Toys Ltd., is an environment-conscientious manufacturer of toys, established in Ireland, which uses recycled materials to manufacture the majority of the toys it sells. It is active mainly on the EU market. The company is seeking your legal advice, since it is concerned that the Directive may affect its business activities.

Advise your client on whether there is any legal remedy under EU law available to it to challenge Directive 2023/ABC.

ANNEX

DIRECTIVE(EU) No2023/ABCOF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 1September 2023

amending Directive (EU) No 2011/XYZ on the safety of toys

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article114 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee,

Acting in accordance with the procedure laid down in Article294 of the Treaty,

Whereas:

There are differences between national provisions governing the use of recycled materials in the manufacture of toys and the marketing of such products. Those differences adversely affect the operation of the internal market in products, which contain or may contain recycled materials, and constitute barriers to trade in such products.

The measures provided for in this Directive should therefore amend Directive 2011/XYZ and harmonize the rules across the Union as regards commercial activities concerning toys containing recycled materials, and thereby prevent the disturbance of the internal market in the products concerned.

[...]

HAVE ADOPTED THIS DIRECTIVE:

Article1

This Directive amends Directive 2011/XYZ on the safety of toys and establishes harmonized rules concerning the placing on the market of toys containing recycled materials.

Itsaim is toensure the establishment and the functioning of the internal market and to avoid distortions of competition, since differences in national legislations may hamper the trade in these products within the internal market.

Moreover, it aims to ensure a high level of protection of the health of consumers, in particular of children.

Article2

Article 2 of Directive 2011/XYZ (containing a list of prohibited materials that may not be used in the manufacture of toys) shall be amended by adding the following provisions:

The use of recycled materials shall be prohibited for the use in the manufacture of toys targeting children under three years because of the risk of some substances causing harm in case small children bite or lick the toys.

[...]

Article 3

Member States shall not impede the placing on the market in their territory of toys, which comply with the Directive.

Article4

Member States shall adopt and publish, by 1 September 2025, the laws, regulations and administrative provisions necessary to comply with this Directive.