EN    EN  COMMISSION OF THE EUROPEAN COMMUNITIES  
Brussels,  
C(2008)  final 
Draft  
COMMISSION DECISION  
of 
requiring Member States to ensure that magnetic toys placed or made available on the 
market display  a warning about  the health and safety risks  they pose   
EN 2   EN Draft  
COMMISSION DECISION  
of 
requiring Member States to ensure that magnetic toys placed or made available on the 
market display a warning about  the health and safety risks they pose  
(Text with EEA relevance)  
THE COMMISSION OF THE EUROPEAN COMM UNITIES,  
Having regard to the Treaty establishing the European Community,  
Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 
December 2001 on general product safety1, and in particular Article 13 thereof,  
Having consul ted the Member States ,  
Whereas:  
(1) Pursuant to Directive 2001/95/EC and Council Directive 88/378/EEC of 3 May 1988 
on the approximation of the laws of the Member States concerning the safety of toys2, 
as amended by Council Directive 93/68/EEC , producers are obliged to place only safe 
toys on the market.  
(2) Directive  88/378/EEC  lays down the essential safety requirements that toys must meet 
to ensure the safety objectives of the Directive . In addition, the Directive provides that , 
in order to facilitate the proof  of conformity with the essential safety requirements, 
European standards concerning the design and composition of toys should be drawn 
up by the standardisation bodies . Currently the risk posed by magnets is covered by 
the general safety requirement of Di rective 88/378/EEC , but the Directive does not lay 
down particular safety requirements dealing with the risk posed  by magnets.  
(3) The European Committee for Standardisation (CEN) issued  European  standard EN 71 -
1:2005 "Safety of toys – Part I: mechanical and p hysical properties" which is a 
consolidated version of harmonised standard EN 71 -1:1998 and its 11 amendments. 
Toys complying with the standard are presumed to be in conformity with the essential 
requirements of Directive 88/378/EEC, as far as the specific  requirements covered by 
the standard are concerned. The standard does not currently contain technical 
requirements  for magnetic toys. In accordance with Article 8(2)(a) of Directive 
88/378/EEC , producers must have recourse to EC type -examination when a 
harmonised standard does not cover all the risks that a toy may present .  
                                                
1 OJ L 11, 15.1.2002, p. 4.  
2 OJ L 187, 18.7.1998, p. 1. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).   
EN 3   EN (4) In order to address  the specific risks of magnetic toys, on 25 May 2007 the 
Commission gave a mandate  to CEN3, in accordance with Directive 98/34//EC  of the 
European Parliament and of the Council  of 22 June 1998 laying down a procedure for 
the provision of information in the field of technical standards and regulations4, to 
revise  the European standard EN 71 -1:2005  within 24 months . Pending the drawing up  
and entry into force of the rev ised standard, it is necessary to address immediately the 
risks posed by magnetic toys in order to minimise further accidents to children caused 
by these  toys  by improving  the knowledge of the risks . 
(5) In addition to Directive 88/378/EEC, the safety of toys is covered by Directive 
2001/95/EC which sets out the market surveillance framework for consumer products. 
According to Article 13 of Directive 2001/95/EC, if the European Commission 
becomes aware that certain products present  a serious risk to the health and safety of 
consumers, it may, under certain conditions, adopt a decision requiring Member States 
to take temporary measures intended in particular to restrict or make subject to specific 
conditions the placing and making available on the market of such products.  
(6) Such a decision may be adopted if (a) Member States differ significantly on the 
approach adopted or to be adopted to deal with the risk concerned; (b) the risk cannot, 
in view of the nature of the safety issue, be dealt with in a manner compatibl e with the 
degree of urgency of the case under other procedures laid down by the specific 
Community legislation applicable to the product concerned; and (c) the risk can be 
eliminated effectively only by adopting appropriate measures applicable at 
Communit y level, in order to ensure a consistent and high level of protection of the 
health and safety of consumers and the proper functioning of the internal market.  
(7) A serious risk has recently emerged concerning magnets in toys. Even though magnets 
have been use d in toys for a long time, in the last few years they have become 
increasingly powerful and  they can become detached more easily if attached using the 
same techniques as those employed in the past. Moreover, given their increased 
strength, loose magnets or  magnetic parts used in toys  now pose a higher risk of 
serious accidents than in the past.  
(8) This serious risk has been established by a number of accidents that were reported 
worldwide in the course of 2006 and 2007 where children had swallowed magnets 
detached from toys or small parts of toys containing magnets. When more than one 
magnet is swallowed, the magnets can attract each other and may cause intestinal 
perforation, infection or blockage, which can be fatal. Inhalation  of th ose magnets has 
also cause d serious injuries , and aspiration into the lungs requires immediate surgery.  
(9) Besides one fatal accident reported in the United States, several occurrences of 
children swallowing at least two magnets or a magnet and a metal object, and 
requiring major sur gery, have been reported worldwide since 2006. These incidents 
have involved children aged between 10 months and 12 years .  
                                                
3 Standardisation mandate to CEN of 25 May 2007 to draw up standard for magnetic toy (M/410).  
4 OJ L 204, 21.7.1998, p. 37.   
EN 4   EN (10) In 2006 and 2007, several toy producers  launched  major recalls of magnetic toys. In 
particular, over 18 million magnetic toys were r ecalled worldwide  during the summer 
of 2007 , and a significant proportion of these toys were on the European market . As a 
result of the accidents and the recent recalls, many producers have realised the risk and 
modified the design of the toys concerned, e ncapsulating or collaring the magnets in 
the parts containing them.  
(11) Some countries have already adopted measures to deal with the risk. In particular, the 
United States Consumer Product Safety Commission (CPSC)  released, on 19 April 
2007, a warning to pare nts concerning the health and safety risks posed by magnetic 
toys. The CPSC has also participated in the revision of ASTM F963 -2007 'Standard 
Consumer Safety Specification for Toys' created under the auspices of the 
standardisation body , ASTM  International , to deal with magnets in toys. In Europe, 
both France and Germany have informed  the Commission of national measures.  
(12) In its resolution of 26 September 2007  on the safety of products and particularly toys5, 
the European Parliament urged the Commission to use its powers to take restrictive 
measures, including bans, if consumer goods placed on  the Community market are 
found to be unsafe.   
(13) Consultation of the Member States in the Committee set up by  Article 15 of Directive 
2001/95/EC has established  that Memb er States differ significantly on the approach to 
deal with the risk posed by magnetic toys.  
(14) In the absence of Community rules , some Member States have adopted or are about to 
adopt divergent national measures to manage the risk posed  by magnetic toys. Th e 
introduction of such national measures will inevitably result in an uneven level of 
protection and in intra -Community barriers to trade in magnetic toys. Several Member 
States have called for a Community measure.  
(15) There is Community legislation on small parts in toys meant for small children6, but 
that legislation does not deal specifically and sufficiently with risks from magnetic 
toys to children who are over three years of age. I n view of the nature of the hazard , 
the risk posed by magnetic toys cannot  be dealt with effectively under other 
procedures laid down in specific rules of Community law in a manner compatible with 
the degree of urgency of the case. It is therefore  necessary to have recourse to a 
temporary decision under  Article 13 of Directive 2 001/95/EC until the revised 
European standard EN 71 -1:2005 provides a comprehensive solution to the problem  
identified . The targeted measure introduced by this Decision offer s only a partial, 
temporary, short -term solution. The Commission has already clear ly recognised the 
need for constructional requirements  to deal adequately with the risks posed by 
magnetic toys  when issuing the  standardisation mandate to CEN to revise EN 71 -
1:2005.   
                                                
5 Texts Adopted, P6_TA(2007)0412 . 
6 In accordance with Directive 88/378/EEC, toys, and their component parts, and any detachable parts of 
toys which are clearly intended for use by children under 36 months must be of such dimensions as to 
prevent their being sw allowed and/or inhaled. This means that toys intended for children under 
36 months must not contain any element liable to be swallowed or inhaled, whether magnets or not.   
EN 5   EN (16) In view of the serious risk from magnetic toys , and in order to ensure a consistent and 
high level of consumer health and safety protection throughout the EU as well as to 
avoid barriers to trade, it is urgent that a temporary decision pursuant to  Article 13 of 
Directive 2001/95/EC be adopted. Such a decision  should rapidly m ake the placing 
and making available on the market of magnetic toys subject to the condition that they 
are marked with an adequate warning  of the risks linked to the presence of powerful 
magnets or magnetic components of ingestible shape and size that are accessible to 
children . Such a decision  should contribute to the prevention of further deaths and 
injuries.  
(17) In the light of the accident and hazard data and the pending permanent measure in the 
form of the revision of standard EN 71 -1:2005, the scope of th is Decision should 
cover  magnetic toys .  
(18) Magnets or magnetic components whose flux index  is less than 50 kG2 mm2 are 
considered as not capable of exert ing attraction through the intestinal walls.  
Furthermore, the revision of the ASTM F -963-2007 standard id entifies as unsafe only 
those magnets whose magnetic flux exceeds 50 kG2 mm2. Additionally , some 
production processes can lead to a weak magnetisation of certain metallic objects or 
parts due to exposure to magnetic sources. It is therefore necessary to distinguish 
between  weak and powerful magnets and magnetic components by setting a threshold 
and e xcluding  from the scope of this Decision magnets and magnetic components 
whose flux index is below a threshold of  50 kG2 mm2.  
(19) This Decision is without prejudic e to Articles 3(4) and 6 to 8 of Directive 2001/95/EC , 
and thus does not bar Member States from taking appropriate measures where there is 
evidence that  a magnetic toy is dangerous , regardless of the conformity with the 
requirements in this Decision and ot her criteria designed to ensure the general safety 
requirement. Member States must carry out market surveillance and enforcement 
activities to prevent risks posed by unsafe products to the health and safety of 
consumers.  
(20) On the basis of the progress made with the revision of the European standard EN 71 -
1:2005 and with regard to the completeness of the revised standard  and its adequa cy to 
address fully  the risks posed by magnetic toys, the Commission will decide whether to 
extend  the validity of this Decisi on for additional periods and whether the Decision 
should be amended. In particular, the Commission will decide whether to introduce 
constructional  requirements to supplement  the warning required in this Decision.   
EN 6   EN (21) A short transition period is necessary in  the interest s of both the Member States who 
must e nsure that the Decision will be applied  efficiently  and also of the producers and 
distributors of magnetic toys who are subject to the obligation to place or make 
available on the market only magnetic toys  that bear the appropriate warning . In this 
case, t he shortest possible transition period should be laid down , consistent with the 
need to prevent further accidents and to en sure proportionality, taking into account that 
the measure consists of a marking only and does not require changes to the product  
design itself. Therefore, the requirement for a warning to be affixed to magnetic toys 
should apply shortly after the adoption of this Decision by the Commission . 
(22) The measures provided for in this Decision ar e in accordance with the opinion of the 
Committee established by Article 15 of Directive 2001/95/EC.   
HAS ADOPTED THIS DECISION:  
Article 1  
Definitions  
For the purposes of this Decision  the following definitions shall apply : 
(1) “magnetic toy ” mean s a toy that contain s or consist s of one or more magnets or one 
or more magnetic components that are of ingestible  shape and size , are accessible to 
children , and whose flux index  is 50 kG2 mm2 or more ;  
(2) “toy” means any product  or material designed or clearly intended for use in play by 
children of  less than 14 years of age ;  
(3) “of ingestible shape and size ” means  fitting  entirely into the small -parts cylinder 
defined  in the standard EN 71 -1:2005;  
(4) “accessible to children” means loose or  able of becoming detached  from the toy 
under normal or reasonably foreseeable conditions of use by children, even if 
originally contained, encapsulated, recessed or collared in the toy ;  
(5) “making available on the market ” mean s any supply  of a magnetic toy  for 
distribution, consumption or use on the Community market in the course of a 
commercial activity, whether in retur n for payment or free of charge;  
(6) “placing on the market ” means  the first making available of a magnetic toy  on the  
Community market;  
(7) “withdrawal ” means any measure aimed at preventing the distribution, display and 
offer .  
EN 7   EN Article 2  
Warning  
1. Member States shall ensure that magnetic toys which are placed or made ava ilable on 
the Community market display a  warning  :  
(a) with the following wording: “Warning! This toy contains magnets or magnetic 
components. Magnets sticking together or becoming attached to a metallic 
object  inside the human body  can cause serious or fatal injury.  Seek immediate 
medical help if magnets are swallowed or inhaled. ”; 
(b) or with an equivalent easily understandable wording  that clearly conveys the 
same content .  
2. The warning  shall appear in a clearly visible and legible manner,  conspicuous ly 
displayed on the packaging or otherwise attached to the magnetic toy in such a way 
as to be visible to the consumer at the point of purchase.  
3. The warning shall  appear in the official languages of the Member State in which the 
product is placed or mad e available on the market.   
Article 3 
Implementation  
1. As of [Insert fixed day! two months from the date of adoption of this Decision by the 
Commission] , Member States shall ensure that ma gnetic toys which do not display 
the required warning are prohibited f rom being placed or made available on the 
market.   
2. As of [Insert fixed day!  two months from the date of adoption of this Decision by the 
Commission] , Member States shall ensure that magnetic toys which d o not display  
the required warning and are placed or made available on the market are withdrawn 
from the market , and that consumers are adequately informed of the risk .  
3. Member States shall inform the Commission without delay of the measures taken 
under this Article in accordance with Article 12 of Directive  2001/95/EC.  
Article 4 
Information  
Member States shall take the necessary measures to comply with this Decision , publish those 
measures  and forthwith inform the Commission thereof .  
EN 8   EN Article 5 
Period of application  
This Decision shall be applicable until [Insert fixed day!  twelve months from the date of  
adoption of this Decision by the Commission] . 
Article 6 
Addressees  
This Decision is addressed to the Member States.  
Done at Brussels, [ …] 2008  
 For the Commission  
 Meglena KUNEVA  
 Member of the Commission