Communication from the Commission concerning the application of the compliance assessment procedures provided for by Directive 88/378/EEC to toys using percussion caps

(1999/C 259/05)

(Text with EEA relevance)

This communication refers to Articles 5 and 10 of Directive 88/378/EEC (toy safety) (hereinafter referred to as "the Directive") in order to clarify the criteria which must be applied when assessing the compliance with the Directive of toys using percussion caps.

The Commission considers that the value set in point 4.20(d) of the harmonised standard EN 71-1:1998 "Safety of toys - Part 1: Mechanical and physical properties" (hereinafter referred to as "the standard") is inappropriate. This value applies for a three-year period after the date of availability of the standard for the peak sound pressure levels generated by toys using percussion caps. This standard should ensure protection against hazards to the health of the users of such toys if one refers to distances, in relation to the sound source, that are considered to be similar to those in which children are in the least favourable situation. Indeed, the maximum value given for, namely 140 decibels at a distance of 50 cm, corresponds to a level of 150 to 160 decibels at 2,5 cm. In view of the normal behaviour of children, it can reasonably be foreseen that a sound-emitting toy can be activated close to the user's ear. One cannot rule out the possibility of acute hearing damage as a result of exposure, even if this is extremely brief, to very high noise peaks.

Commission Decision of 20 July 1999 therefore stipulates that the publication, in the Official Journal of the European Communities, of the reference to the standard as part of the implementation of the Directive would be accompanied by a warning excluding point 4.20(d) in respect of the sound peak emitted by toys using percussion caps.

Under Article 5 of the Directive toys declared by their manufacturer to be in compliance with the international standards transposing the harmonised standards, the references to which have been published in the Official Journal of the European Communities, are presumed to meet the essential requirements set out in the Directive; conversely toys to which their manufacturer does not apply said standards, or only applies these in part, or where these standards are absent, are in compliance after receiving a CE type examination certificate from an approved body in accordance with the procedure referred to in Article 10 of the Directive.

When the reference to the standard has been published in the Official Journal of the European Communities, and up to the date of withdrawal of the previous 1988 edition, set at 31 January 2001, manufacturers may avail themselves of the presumption of conformity by applying either the new version of the standard or else the preceding version.

However, the situation as regards toys incorporating caps must be assessed in the light of Decision of 20 July 1999 and of Article 5 of the Directive. The Decision means that the manufacturers of such toys may not avail themselves of the presumption of conformity with the 1998 version of the standard in terms of the acoustic requirements.

They may no longer avail themselves of a declaration of conformity with the 1988 standard version since this does not provide for any specifications relating to sound emissions. This being the case, while there is no harmonised standard, Article 5 of the Directive will require the manufacturers of toys using percussion caps to submit their product to the EC type examination referred to in Article 10 of the Directive.

This examination covers all aspects of toy safety. The approved body will, at the very least, check, under the conditions provided for in Article 10(3) of the Directive, that the peak sound level values do not exceed the 140 decibel level, while account is also to be taken of the least favourable conditions under which the toy is used by a child. The examination of the factors other then noise concerns the correct application of the standard by the manufacturer when applying the harmonised standards referred to in Article 5 of the Directive.