{"id":13486,"date":"2022-09-05T19:20:22","date_gmt":"2022-09-05T19:20:22","guid":{"rendered":"http:\/\/legalblog.ie\/?p=13486"},"modified":"2022-09-25T07:24:43","modified_gmt":"2022-09-25T07:24:43","slug":"toys","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/toys\/","title":{"rendered":"Toys [EU]"},"content":{"rendered":"
Toys<\/p>\n
There have been EU directives on safety standards for toys since the early days of the EU. Toys are products which are designed or intended, whether or not exclusively, for use by children under fourteen years of age. A list of products which may be used by children but are not considered as toys is available in Annex I of this Directive.<\/p>\n
The directives require conformity with essential safety requirements having regard to children\u2019s age, behavior and any use of chemicals. They also provide specific safety provisions relating to physical, mechanical, electrical, chemical properties flammability, radioactivity and hygiene.<\/p>\n
Warnings must appear specifying appropriate conditions and limitations of use.<\/p>\n
Products must bear the CE conformity mark.<\/p>\n
The manufacturer must ensure the products comply with essential and specific safety requirements. The CE mark certifying conformity must be affixed in accordance with approved procedure.<\/p>\n
If the manufacturer designate a representative, the mandate must comply with minimum obligations in respect to national authorities. They must be able to provide proof of product conformity and must cooperate in order to eliminate potential risks.<\/p>\n
The importer is responsible for ensuring the products which are placed in the market are compliant. In the event of noncompliance, they must inform the manufacturer and market surveillance authority and must if applicable withdraw the product.<\/p>\n
The distributor must cverify conformity marking of the product before it is placed on the market. If the toy is not compliant they must take corrective actions or withdraw the product from the market.<\/p>\n
States organize market surveillance and designate bodies that are authorized to evaluate product conformity. There is a presumption that products conform if they comply with the harmonized standards published in the Official Journal.<\/p>\n
The procedure for assessing confirmative essential requirements is set out in EC decision on conformity marking.<\/p>\n
The toy conformity assessment must be carried out either by bodies designated by States or by the manufacturer. Other marks may be affixed, provided there is no risk of confusion with the conformity marking.<\/p>\n
<\/p>\n
Directive 2009\/48\/EC of the European Parliament and of the Council of 18\u00a0June 2009 on the<\/p>\n
Safety of toys<\/p>\n
Summary<\/p>\n
Toys are subject to safety requirements and rules on their movement in the European Union (EU). Toys are products which are designed or intended, whether or not exclusively, for use by children under fourteen years of age. A list of products which may be used by children but are not considered as toys is available in Annex I of this Directive.<\/p>\n
Safety requirements<\/p>\n
It must be possible to use toys placed on the market without any danger to health or safety during all of their foreseeable and normal period of use. They are to comply with:<\/p>\n
Warnings are to appear on products specifying the appropriate conditions and limitations of use.<\/p>\n
Products which meet the safety requirements may circulate freely on Community territory. They bear EC conformity marking.<\/p>\n
Product conformity<\/p>\n
Economic operators have a liability concerning product conformity according to their role in the distribution chain.<\/p>\n
The manufacturer ensures that products comply with the essential and specific safety requirements and then establishes an \u201cEC\u201d declaration of conformity as well as evaluating the toys\u2019 safety before they are marketed, in line with Decision 768\/2008\/EC.<\/p>\n
If a manufacturer designates a representative, the mandate shall contain minimum obligations with regard to national authorities. They must be able to provide the proof of product conformity and cooperate in order to eliminate potential risks.<\/p>\n
The importer makes sure that the products they are placing on the market are compliant. In the event of non-compliance, they inform the manufacturer and the market surveillance authorities and must, if applicable, recall the products.<\/p>\n
The distributor verifies the conformity marking of the product before it is placed on the market. If they find that a toy is not compliant, they are to take corrective measures or withdraw the product from the market.<\/p>\n
Member States organise market surveillance and designate notified bodies that are authorised to evaluate product conformity. The measures taken to ensure toys\u2019 compliance with safety take account of the precautionary principle.<\/p>\n
Products are subject to a presumption of conformity if they comply with harmonised standards published in the Official Journal of the European Union.<\/p>\n
Context<\/p>\n
Directive 88\/378\/EEC\u00a0is to be repealed as from 20 July 2011. However, Article 2 and part 3 of Annex II of the said Directive are to remain in force until 20 July 2013.<\/p>\n
This repeal aims at aligning some provisions with Decision 768\/2008 on the marketing of products in the internal market. It allows technical developments that have taken place in the toy market to be taken into account.<\/p>\n
The Directive on the general safety of products complements this Directive, and is applicable in the absence of specific provisions governing product safety. Toys are also subject to the provisions of Directive 2001\/95\/EC setting out the general framework for product safety and Directive 85\/374\/EEC on liability for defective products.<\/p>\n
REFERENCES<\/p>\n
Act<\/td>\n | Entry into force<\/td>\n | Deadline for transposition in the Member States<\/td>\n | Official Journal<\/td>\n<\/tr>\n | ||||||||||||||||||||||||||
Directive2009\/48\/EC[COD 2008\/0018]<\/td>\n | 20.7.2009<\/td>\n | 20.1.2011<\/td>\n | OJ L 170 of 30.6.2009<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n RELATED ACTS<\/p>\n Directive2005\/84\/ECof the European Parliament and of the Council of 14 December 2005 amending for the 22nd time Council Directive 76\/769\/EEC\u00a0on the approximation of laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (phthalates in toys and childcare articles). Regulation (EC) No 1907\/2006 of the European Parliament and of the Council of 18 December 2006 on the registration, evaluation and authorisation of chemicals, and the restrictions applicable to these substances (REACH), establishing a European Chemicals Agency, amending Directive 1999\/45\/EC and repealing Council Regulation (EEC) No 793\/93 and Commission Regulation (EC) No 1488\/94 as well as Council Directive 76\/769\/EEC and Commission Directives 91\/155\/EEC, 93\/67\/EEC, 93\/105\/EC and 2000\/21\/EC.<\/p>\n Regulation (EC) No 1272\/2008of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67\/548\/EEC and 1999\/45\/EC and amending Regulation (EC) No 1907\/2006 (Text with EEA relevance).<\/p>\n Toy safety<\/p>\n The safety of toys is harmonised at European level so that the essential requirements can be met at the manufacturing stage. The standards laid down by the European standardisation bodies provide evidence of compliance with the essential requirements. Toys that meet these requirements bear the CE conformity marking.<\/p>\n ACT<\/p>\n Council Directive 88\/378\/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys .<\/p>\n Summary<\/p>\n This Directive applies to toys, i.e. any product or material designed or clearly intended for use in play by children under 14 years of age.<\/p>\n It lays down the safety criteria or “essential requirements” which toys must meet during manufacture and before being placed on the market.<\/p>\n Harmonised European standards are drawn up on the basis of the essential requirements by the European standardisation bodies. These non-mandatory standards are notified to the Official Journal of the European Union (EU).<\/p>\n Any toy manufactured in conformity with the harmonised standards is presumed to comply with the essential requirements.<\/p>\n The procedures for assessing the conformity of toys with the essential requirements are based on the modular approach set out in the Council Decision on CE conformity marking. The toy conformity assessment must be carried out:<\/p>\n
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