29. 7. 83 Official Journal of the European Communities No C 203/1 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive 
I. on the approximation of the laws of the Member States concerning the safety of 
toys 
II. on common technical safety standards concerning the physical and mechanical 
properties of toys 
III. on common technical safety standards concerning the flammability of toys 
(Submitted to the Council by the Commission on 23 June 1983) 
I 
Proposal for a Council Directive on the approximation of the laws of the Member States 
concerning the safety of toys 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 100 thereof, 
Having regard to the proposal from the 
Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas several Member States have mandatory 
rules governing the safety characteristics of toys, but 
these rules differ in their scope and content; whereas 
this situation produces major barriers and creates 
unequal conditions of competition within the 
Community, as well as failing to provide Community consumers, especially children, with 
adequate protection against the hazards arising from 
the products in question; 
Whereas these obstacles to the establishment and 
functioning of the common market should be 
removed, and whereas for this purpose the 
marketing of and trade in toys should be made 
subject to uniform rules, applicable in all Member 
States, based on the objectives regarding protection 
of consumer health and safety as set out in the 
Council resolution of 14 April 1975('); 
Whereas total harmonization in this area is 
necessary, since children's health and safety cannot 
be allowed to remain subject to different standards 
of protection in the various Member States; 
(i) OJ No C 92, 25.4. 1975, p. 1. 
No C 203/2 Official Journal of the European Communities 29. 7. 83 
Whereas in view of the size and mobility of the toy 
market and the diversity of the products concerned, 
the scope of this Directive should be determined.on 
the basis of a sufficiently broad definition of 'toy'; 
but whereas certain products should be excluded 
from the scope of the Directive whilst some others, 
which are particularly dangerous for children and 
limited in number, must not be marketed as toys; 
Whereas toys placed on the market should not 
endanger the safety or health of children using the 
toys or third parties; whereas the standard of safety 
of toys should be determined in relation to the 
criterion of correct use of the product in question, 
but with allowance also made for reasonably 
foreseeable misuse by children, who generally do 
not show the same degree of care as the average 
adult user; 
Whereas the provisions of general law governing the 
responsibility of parents, supervisors and teachers 
are an essential complement to the safety measures 
provided for in the Directive, and whereas this law 
imposes the obligation, as regards the choice of toys 
and the supervision of children at play, in particular 
to observe the minimum age limits specified for 
certain toys and make sure that any necessary safety 
precautions recommended in the instructions are 
taken; 
Whereas because of their differing properties and 
characteristics toys may present different types of 
hazard arising from their construction or 
composition or from incorrect use of the product; 
whereas the most important and most common 
types of hazard should be stated, and the general 
safety objectives which toys should satisfy in regard 
to such hazards should be set out; 
Whereas hazards inherent solely in the use of toys 
can be avoided only by indicating and drawing the 
consumer's attention to the precautions to be taken 
in their use; whereas appropriate indications should 
if necessary accompany toys; and whereas for 
particular types of toy they should be laid down in 
the Directive and made mandatory; 
Whereas hazards arising from the construction or 
composition of toys can be eliminated only if their 
construction and composition is subject to technical 
safety specifications; whereas such specifications 
should be incorporated, with the relevant testing 
methods, in common technical standards for toys 
applicable in all the Member States; 
Whereas the common technical standards for the 
different aspects of toy safety will be laid down 
separately in specific Directives, taking into account 
as far as possible the relevant international standards once these standards are compatible with 
the aims and the principles of this Directive; 
Whereas, to ensure that the Directive is properly 
applied by those responsible for placing toys on the 
market, it is essential that laboratories of assured 
impartiality be available in the Member States to 
verify on request the conformity of toys to the 
common technical standards and to issue certificates 
of conformity; whereas, to facilitate inspections by 
the Member States' authorities, parties obtaining 
such a certificate should be entitled to affix to toys 
conforming to the tested samples the EEC symbol of 
conformity described in the Directive and 
recognized as evidence of conformity by the 
abovementioned authorities; 
Whereas, to avoid paralyzing the ever-changing 
technology in the toy industry at the stage 
represented by the common technical standards, 
manufacturers should be allowed to make toys to 
technical specifications other than those required by 
the standards, provided that such specifications 
accord with the general safety objectives set out in 
the Directive and that the manufacturer establishes 
the safety of his technical innovations by obtaining a 
report on the toy concerned from a recognized 
laboratory, which should be mentioned in a note 
accompanying the product; 
Whereas it is necessary for the operation of the 
system of toy safety set up by the Directive that 
checks should be carried out, not necessarily on a 
systematic basis, by the Member States' authorities 
on the safety of toys on their markets; whereas in 
view of the inevitable difficulties such checks will 
face because of the vast numbers of toys on sale, 
consumers and consumer associations should be 
enabled to play an active party by drawing the 
authorities' attention to toys which have proved 
dangerous in use or have caused accidents, possibly 
on the basis of a technical report prepared by one of 
the recognized laboratories; 
Whereas cases might arise where a toy, although 
complying with the provisions of Articles 4 to 6 of 
this Directive, in particular the common technical 
standards, nevertheless presents a hazard to the 
health and safety of users; whereas, therefore, a 
safeguard clause establishing a suitable procedure 
should be laid down for dealing with such cases; 
Whereas, in line with the principles set out in the 
Council resolution of 14 April 1975, any toys found 
to be dangerous should be withdrawn from the 
market without delay; whereas, whenever a Member 
State orders such a withdrawal, the other Member 
States and the Commission should be informed 
29. 7. 83 Official Journal of the European Communities No C 203/3 
without delay so that it is effective throughout the 
Community; 
Whereas toy advertising, especially on television, is 
a powerful instrument of persuasion and incitement 
to purchase such products, affecting both the child 
and the people who form its family environment; 
whereas it is therefore vital, if toy safety is to be 
ensured, that the advertising of toys be subject, 
without prejudice to the application of national 
legislation and Community Directives on 
misleading advertising, to basic provisions aimed at 
protecting consumers from being misled as to the 
safety characteristics and performance of toys and 
ensuring that they are informed of the safety 
precautions and age limits relating to the use of 
certain toys; 
Whereas the common technical standards laid down 
in the Directives on toy safety will need to be 
adapted promptly to take account of advances in 
technology and of the experience gained in 
protecting the health and safety of the consumer; 
whereas, to enable the necessary steps to be taken to 
this effect, a procedure should be set up providing 
for close cooperation between the Member States 
and the Commission through a Committee for the 
Directives on Toy Safety; whereas this procedure 
should also be applied in determining the methods 
for taking whatever samples may be necessary, 
HAD ADOPTED THE FOLLOWING DIRECTIVE: 
Article 1 
1. This Directive shall apply to toys. 
A 'toy' means any product manifestly intended for 
use in play by children of not more than 14 years of 
age, including writing, drawing and colouring 
materials and handicraft equipment marketed as 
instruments of play for such children. 
2. The products listed in Annex I shall be excluded 
from the scope of this Directive. 
3. Marketing of the following products as toys 
shall be prohibited: 
(a) novelties and jokes; 
(b) compressed-air weapons; 
(c) fireworks; 
(d) slings and catapults. Article 2 
1. Taking into account the use for which they are 
normally intended and the reasonably foreseeable 
misuse children can make of them, toys must not 
endanger the safety or health of users or third 
parties. To this end they must, whatever the 
circumstances, comply with the general safety 
objectives listed in Annex II. 
2. A toy must meet the safety conditions laid down 
in this Directive in the state in which it is marketed. 
These conditions shall continue to apply in the 
course of time, but allowance shall be made for wear 
due to the use provided for in paragraph I. 
Article 3 
1. Member States shall take all steps necessary to 
ensure that toys cannot be placed on the market 
unless they comply with the provisions of this 
Directive and of the Directives provided for in 
Article 4(1). 
2. Member States may not, for reasons related to 
safety, refuse, prohibit, restrict or hinder the placing 
on the market and the free circulation within the 
Community of toys which comply, under the 
conditions provided for in Articles 4 to 6, with the 
provisions of Article 2. 
Article 4 
1. In order to comply with the provisions of 
Article 2, toys must be in conformity with the 
technical specifications for construction and 
composition referred to in the second subparagraph 
and bear the information prescribed by Article 6. 
Specific Council Directives shall determine common 
technical toy safety standards, concerning in 
particular: 
(a) mechanical and physical properties; 
(b) flammability; 
(c) chemical properties; 
(d) electrical properties. 
The general safety objectives set out in Annex II 
shall remain directly applicable to toy safety aspects 
which are not covered by those standards. 
No C 203/4 Official Journal of the European Communities 29. 7. 83 
2. Member States shall take all necessary steps to 
enable any manufacturer, importer or vendor who 
wishes to verify the conformity of the toy to the 
standards referred to in paragraph 1 to have the 
appropriate tests carried out by the laboratories 
designated in accordance with the terms of 
Article 14 and to obtain a certificate of conformity 
to those standards. 
A manufacturer, importer or vendor who has 
obtained such a certificate may affix the EEC 
symbol of conformity referred to in Annex IV (1), in 
accordance with Article 6 and only to toys identical 
with the tested sample. 
Without prejudice to other forms of evidence, the 
apparance on toys of the symbol referred to in the 
previous subparagraph shall be accepted by the 
competent authorities as a presumption of 
conformity with the common technical standards. 
Article 5 
1. Toys may also be manufactured according to 
technologically innovative processes entirely or 
partially entailing technical safety specifications 
other than those provided for in the common 
technical standards referred to in Article 4 (1), 
provided that these specifications meet the general 
safety objectives set out in Annex II. 
For this purpose, the manufacturer, importer or 
vendor shall have the toy examined by a laboratory 
designated in accordance with Article 14, and shall 
obtain a technical report certifying that the toy 
complies with the conditions referred to in the 
previous subparagraph. The note referred to in 
Annex IV (2) shall accompany the toy with the other 
particulars referred to in Article 6 (1) and (2). 
2. The Member States shall notify the Commission 
of instances of the application of this Article for the 
purposes of the possible implementation of the 
procedure referred to in Article 13. 
Article 6 
1. The packaging of toys or the toys themselves if 
there is no packaging shall bear the following 
particulars: 
(a) the name and/or trade name and/or mark as 
well as the address of the manufacturer or the 
importer and/or vendor. These particulars may 
be abbreviated in so far as the abbreviation 
makes it possible, in a general and evident 
manner, to identify the undertaking. 
(b) where appropriate, the EEC symbol of 
conformity and/or the number of the technical 
report referred to in Annex IV. 2. Any toys likely to give rise to specific dangers 
inherent in their use or the use of which requires 
special precautions or abilities shall bear, either 
directly or on their packaging, a concise warning 
drawing attention to these dangers and stating 
whether supervision is necessary. This warning shall 
be accompanied or where appropriate replaced by a 
notice indicating precautions which must be taken 
when using the toy. 
Annex III and the Directives referred to in Article 4 
(1) prescribe the information which has to be given 
in this case for certain toys and the manner in which 
it is to be given. 
3. The particulars specified in paragraphs 1 and 2 
shall be displayed in easily legible and clearly visible 
characters of no less than 1,5 millimetres in height; 
the essentials shall also appear in the catalogues and 
folders used in offering the goods for sale to the 
consumer. 
In the case of small toys without individual 
packaging, the particulars to be given on the toy or 
its packaging may be given on a label or separate 
slip or on the bulk packaging if this exists. 
Any declarations or pictures other than those 
referred to in this Article must not cause any 
confusion with the latter. 
4. Member States may require that the particulars 
provided for in paragraphs 1 and 2 shall also be 
given in their own national language or languages. 
Article 7 
1. The Member States shall ensure that products 
on the market are inspected to ascertain their 
conformity with the provisions of this Directive and 
the Directives provided for in Article 4(1). 
2. Interested persons and organizations may notify 
the inspecting authorities of the Member States, on 
the basis of a detailed statement of reasons and 
possibly a technical report drawn up by a competent 
laboratory, that the safety of toys which have caused 
accidents or which have proved dangerous for users 
should be verified. Where necessary, these 
authorities will then carry out the inspection 
provided for in paragraph 1. 
3. With a view to updating this Directive, every 
three years from the date of application specified in 
Article 15 the Member States shall forward to the 
Commission the results of the inspections referred to 
in paragraph 1 and any useful information on 
accidents caused by toys. 
29. 7. 83 Official Journal of the European Communities No C 203/5 
Article 8 
1. Where a Member State has good grounds for 
considering that one or more toys, although 
complying with the provisions of Articles 4 to 6, in 
particular the common technical standards referred 
to in Article 4(1), represent a hazard to the safety or 
health of the user and therefore are not consistent 
with the general safety principle set out in Article 2, 
it may temporarily prohibit the marketing of these 
products in its territory or attach special conditions 
thereto. It shall immediately inform the other 
Member States and the Commission, stating in 
detail the grounds for its decision. 
2. The Commission shall, within six weeks, consult 
the Member States concerned, following which it 
shall deliver its opinion without delay and take the 
appropriate steps. 
3. If the Commission is of the opinion that 
technical amendments to this Directive are 
necessary, such amendments shall be adopted in 
accordance with the procedure laid down in Article 
13. In that event, any Member State which has 
adopted safeguard measures may maintain them 
until the entry into force of the amendments. 
Article 9 
The Member States shall take all necessary steps to 
ensure that their competent authorities promptly 
withdraw, or have withdrawn, from the market any 
toys which do not comply with the general safety 
principle enunciated in Article 2 and are therefore 
shown to be dangerous to the health and safety of 
consumers. 
They shall inform the Commission and the other 
Member States as soon as possible of any 
withdrawal measures as referred to in the previous 
paragraph. 
Article 10 
1. Any advertising of toys not conforming to this 
Directive shall be prohibited. 
2. Advertisements must not mislead consumers 
concerning the safety characteristics and 
performance of a toy or the abilities and aptitudes 
the child must have in order to use it without danger. 
Furthermore, for the toys referred to in Article 6 (2), 
they shall draw attention, possibly by simply 
referring to the instructions for use, to the 
precautions to be taken by the user and the 
minimum age for use as laid down in this 
Directive. Article 11 
1. The amendments necessary for adapting the 
common technical standards laid down in the 
Directives provided for in Article 4 (1) to technical 
progress and to experience gained in protecting the 
safety and health of the consumer shall be adopted 
in accordance with the procedure laid down in 
Article 13. 
2. The sampling methods and whatever 
amendments thereto are necessary shall be adopted 
in accordance with the same procedure. 
Article 12 
1. A 'Committee for the Directives on Toy Safety', 
hereinafter called 'the Committee', is hereby set up. 
It shall consist of representatives of the Member 
States with a representative of the Commission as 
chairman. 
2. The Committee shall adopt its own rules of 
procedure. 
Article 13 
1. Where the procedure laid down in this Article is 
to be followed, matters shall be referred to the 
Committee by the chairman, either on his own 
initiative or at the request of the representative of a 
Member State. 
2. The representative of the Commission shall 
submit to the Committee a draft of the measures to 
be adopted. The Committee shall deliver its opinion 
on the draft within a time limit set by the chairman 
depending on the urgency of the matter. Opinions 
shall be adopted by the majority provided for in 
Article 148 (2) of the Treaty for the adoption of 
decisions which the Council is required to take on a 
proposal from the Commission. For votes taken in 
the Committee, the votes of representatives of the 
Member States shall be weighted as provided for in 
the aforementioned Article. The chairman shall not 
vote. 
3. (a) The Commission shall adopt the proposed 
measures when they are in accordance with 
the opinion of the Committee. 
(b) Where the proposed measures are not in 
accordance with the opinion of the 
Committee, or if no opinion is delivered, the 
Commission shall without delay propose to 
the Council the measures to be adopted. The 
Council shall act by a qualified majority. 
(cj If, within three months of the proposal being 
submitted to it, the Council has not acted, the 
proposed measures shall be adopted by the 
Commission. 
No C 203/6 Official Journal of the European Communities 29. 7. 83 
Article 14 
1. Each Member State shall designate the 
laboratories authorized to carry out the tests of 
conformity provided for in Article 4 (2) and to draw 
up the technical reports provided for in Article 5(1) 
and shall notify the other Member States and the 
Commission accordingly. 
2. The laboratories referred to in paragraph 1 must 
fulfil the minimum conditions set out in Annex V. 
3. The list of laboratories designated by each 
Member State shall be given adequate publicity at 
national level. It shall also be published, for 
information, in the Official Journal of the European 
Communities. 
4. Each Member State shall inform the other 
Member States and the Commission without delay 
of any change concerning the laboratories referred 
to in paragraph 1. All such changes shall be 
publicized in accordance with paragraph 3. Article 15 
1. The Member States shall adopt and publish the 
provisions necessary to comply with this Directive 
and shall forthwith inform the Commission thereof. 
They shall apply these provisions from [1 January 
1985] at the latest. 
2. As soon as this Directive has been notified, 
Member States shall also ensure that the 
Commission is informed, in sufficient time for it to 
submit its comments, of any draft laws, regulations 
or administrative provisions which they intend to 
adopt in the field covered by this Directive. 
Article 16 
This Directive is addressed to the Member States. 
ANNEX I 
PRODUCTS EXCLUDED FROM THE SCOPE OF THE DIRECTIVE 
(Article 1 [2]) 
1. Christmas decorations; 
2. Vehicles with combustion engines for children; 
3. Detailed scale models for adult collectors; 
4. Equipment intended to be used collectively in playgrounds; 
5. Sports equipment intended to be used for training purposes; 
6. Aquatic equipment intended to be used in deep water and flippers used for swimming; 
7. Folklore and decorative dolls and other similar articles for collectors; 
8. Professional toys installed in public places (shopping centres, stations, etc.) 
9. Puzzles with more than 500 pieces or without pattern, intended for specialists; 
10. Video toys connected to television sets; 
11. Electric or electronic musical instruments for children; 
29. 7. 83 Official Journal of the European Communities No C 203/7 
ANNEX II 
GENERAL TOY SAFETY OBJECTIVES 
(Article 2 (1|) 
1. Hazards due to construction or composition and hazards inherent in use 
In accordance with Article 2, the health and safety of the child must be protected: 
(a) against hazards due to the toy's construction and/or composition: such hazards are 
eliminated if the construction and composition of the toy are in accordance with the 
technical safety specifications; 
(b) against hazards which are inherent in the use of the toy and cannot be eliminated by 
modifying the toy's construction and composition without altering its function or 
depriving it of its essential properties: such hazards are avoided or reduced by drawing 
the user's attention to the dangers of the product and to the precautions which must be 
observed and, in some cases, by setting a minimum age for using the toy. 
More stringent technical specifications and/or appropriate instructions are laid down for 
toys which, by virtue of their functions, dimensions and characteristics, are likely to be 
intended for infants and very young children, especially those below the age of 36 months. 
2. Miscellaneous hazards 
The hazards referred to in points 1 (a) and (b) take on — in accordance with the different 
properties characterizing the toys — different aspects which can appear in a variety of 
combinations in the products: in such cases, it is necessary to examine the conformity to 
Article 2 and to ensure it with regard to all safety aspects of the toy under consideration. 
These miscellaneous hazards are detailed in points 2.1 to 2.6 below, together with the 
relevant general safety objectives. 
2.1. Physical and mechanical properties 
In this connection, it is in particular necessary to eliminate or avoid: 
— the risks of injuries, falls, burns, suffocation, etc. and of impairing the child's physical 
health in any way as a consequence of the toy's physical and mechanical properties, 
— risks to a child's sight or hearing which might be presented by toys and risks of drowning 
which can be caused by toys for use in water and by the various floating articles capable 
of bearing a child out on water (children's boats, inflatable or non-inflatable, air beds 
with 'window' sections, rafts, etc.), offered for sale as toys. 
2.2. Flammability 
Toys should not constitute a dangerous flammable element in the child's environment. 
They must therefore be 
— either composed of materials which do not burn if directly exposed to a flame, 
— or made of materials which are not readily flammable or have technical specifications 
which make then virtually so: the flame goes out as soon as the ignition source is 
removed, 
— or made of materials which, if they do ignite, burn slowly and present a low rate of 
spread of the flame, or which are treated — to the general safety objectives without 
prejudice relating to the toy's chemical composition — in such a way as to delay the 
combustion process. 
Furthermore, toys should not contain as such any substances or preparations which, 
according to Article 2 (2) of Directive 79/831/EEC ('), present a high risk of catching fire, 
apart from the fuels which are essential to the working of certain toys. 
(!) Council Directive of 18 September 1979 amending for the sixth time Directive 67/548/EEC 
on the approximation of the laws, regulations and administrative provisions relating to the 
classification, packaging and labelling of dangerous substances (OJ No L259, 15. 10. 1979, 
pp. 11 and 12). 
No C 203/8 Official Journal of the European Communities 29. 7. 83 
2.3. Chemical properties 
Toys must be designed and produced in such a way as to avoid risks which may derive from 
the chemical properties of the materials, substances and preparations of which they are 
made. 
This concerns in particular risks of acute and chronic poisoning, of corrosive or irritant 
action or of allergenic effects which can arise as a consequence of swallowing, inhalation or 
contact with the skin, the mucous membranes and the eyes and which are connected with the 
presence of dangerous substances or preparations in the toy. 
The general safety objectives below must therefore be pursued. 
A. Toys which include in their composition substances and preparations which are regarded 
as dangerous within the meaning of Article 2 (2), subparagraphs (f) to (n) of Directive 
79/831/EEC may not release toxic elements through swallowing or contact in a quantity 
likely to present a danger to a child. 
This rule applies in particular to the toys which are intended to be kept in contact with 
the skin or which comprise a coating of paint, lacquer, varnish or similar substances, to 
graphic toys, toys made of plastic, textiles or any other materials which are likely to entail 
the hazards referred to in this paragraph, unless these toys by reason of their function, 
size and other demonstrable characteristics, obviously exclude any chance of swallowing 
or irritation through contact. 
B. Toys may not contain, as such, the dangerous substances and preparations referred to 
under A at levels of concentration or in a form likely to harm the health of a child 
through contact or inhalation. If, however, it is not possible in the case of certain toys to 
use substances or preparations which exhibit such levels of concentration without thereby 
changing the basic function or characteristics of the toys, higher levels shall as an 
exception be permitted where this is absolutely vital, provided that precise indications are 
given, in accordance with Annex III (3), regarding the dangers presented by these toys 
and the precautions which are to be followed. 
The risks of accidentally swallowing such substances and preparations must always be 
specifically indicated, whatever their level of concentration may be. 
The above rules apply in particular to toys containing children's paints, specifically 
finger paints, glues and solvents, inks, detergents and other household products as well as 
the chemical toys defined in Annex III (4). 
C. Toys may not include in their composition or contain as such the substances and 
preparations whose use is prohibited or limited by Community Directives (')• 
D. Pending adoption of the Directive on chemical properties provided for in Article 4 (}): 
— toys intended for infants and very young children and those intended to be put to the 
mouth or to contain foodstuffs must comply, as regards their composition, with 
Community Directives (2) or, in their absence, with national regulations relating to 
materials coming into contact with foodstuffs. Furthermore, they may not contain, as 
such, the dangerous substances and preparations referred to in A, whatever their level 
of concentration may be, 
— Community Directives concerning the safety of consumer goods, such as the 
Directive relating to cosmetic products (3), food colouring agents (4), etc., are also 
applicable to toys containing such products or imitations of these products. 
(i) In particular Directives 76/768/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 201) and 
79/663/EEC of 24 July 1979 (OJ No L 197, 3. 8. 1979, p. 37). 
(2) In particular Directive 76/893/EEC of 23 November 1976 (OJ No L 340, 9. 12. 1976, p. 19) 
and Directive 78/142/EEC of 30 January 1978 (OJ No L44, 15. 2. 1978, p. 15). 
(3) Directive 76/768/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 169) and successive 
amendments. 
(4) EEC Directive of 23 October 1962 (OJ No 115, 11. 11. 1962, pp. 2645-2662) and successive 
amendments. 
29. 7. 83 Official Journal of the European Communities No C 203/9 
2.4. Risk of explosion 
In this connection, the safety objectives below are to be pursued: 
(a) toys must not be explosive or contain elements or parts likely to explode (e.g. 
aerosols); 
(b) the risks of explosion and bursting caused by the overcompression of liquids or gases 
which permit the functioning of certain toys must be avoided; 
(c) toys may not contain as such or in any dangerous form or level of concentration the 
substances and preparations listed as potentially explosive in Article 2 (2) (a) of Directive 
79/831/EEC; 
(d) toys, and in particular chemical games and toys must not contain as such substances or 
preparations which, when mixed, may cause an explosion by chemical reaction. 
2.5. Electrical properties 
Toys must be designed and manufactured in such a way as to avoid risks which may arise 
from their properties and electrical components. 
This concerns particularly risks of burns caused by the toy overheating, and risks of electric 
shocks arising from the power supply, the insulation of the toy, the corrosion of certain 
parts, etc. 
2.6. Hygiene 
The materials of which the toy is made and substances contained in it must, when the toy is 
marketed, be clean and hygienic to such a degree as to avoid any risk of infection and 
sickness. 
This principle applies particularly to toys made of textiles or paper, toys used for disguise or 
toys which contain padding. 
2.7. Radioactivity 
Toys must not contain radioactive elements or substances in forms or proportions likely to 
be detrimental to a child's health. 
ANNEX III 
WARNING AND INDICATIONS OF PRECAUTIONS TO BE TAKEN WHEN USING TOYS 
(Article 6 |2|) 
The warnings and indications set out in this Annex concern general categories of toys; they are 
complemented by those provided for in the Directives referred to in Article 4 (1) for specific toys 
and risks. 
1. Toys which should not be given to children under 36 months 
Toys which might be dangerous for children under 36 months of age shall be marked 'NOT 
SUITABLE FOR CHILDREN UNDER 36 MONTHS OF AGE' or 'NOT SUITABLE FOR 
CHILDREN UNDER THREE YEARS OF AGE', followed by a brief indication, which may 
also appear in the instructions, of the specific risks calling for this restriction (e.g. danger of 
swallowing, cutting edges, toxicity). 
This provision does not apply to toys which, on account of their function, dimensions, 
characteristics, properties or other cogent grounds, are mainfestly unsuitable for children 
under 36 months. 
2. Toboggans, suspended swings and rings, trapezes, ropes and similar toys attached to a 
crossbeam 
Such toys shall be accompanied by instructions which shall draw attention to the need to 
carry out checks and maintenance of the main parts (suspensions, fixings, anchorings, etc.) at 
intervals, and which shall point out that if these checks are not carried out the toy may cause a 
fall or overturn. 
No C 203/10 Official Journal of the European Communities 29. 7. 83 
Instructions must also be given as to correct assembly of the toy, indicating those parts which 
can present dangers if it is incorrectly assembled. 
3. Functional toys 
Functional toys or their packaging shall bear the marking 'WARNING: USE UNDER THE 
DIRECT SUPERVISION OF AN APULT'. 
In addition, these toys shall be accompanied by directions giving working instructions, as well 
as the precautions to be taken by the user, with the warning that failure to take these 
precautions would expose the user to the hazards — to be pointed out — normally associated 
with the appliance or product of which the toy is a scale model or an imitation. It will also be 
indicated that the toy must be kept out of the reach of very young children. 
'Functional toys' means toys which fulfil the same function as, and are often scale models of, 
certain products, appliances or installations intended for adults. 
4. Toys containing inherently dangerous substances or preparations. Chemical toys (see Annex II, 
2.3 B) 
(a) Without prejudice to the application of the provisions laid down in Community Directives 
on the classification, packaging and labelling of dangerous substances and preparations, 
the instructions for use of toys containing inherently dangerous substances or preparations 
shall bear a warning of the dangerous nature of these substances or preparations and an 
indication of the precautions to be taken by the user in order to avoid the hazards, in 
particular the risk of swallowing, associated with them, which shall be specified concisely 
according to the type of toy. It shall also be stated that the toys must be kept out of the 
reach of very young children. 
(b) In addition to the instructions provided for in (a), chemical toys shall bear the following 
marking on their packaging: 'WARNING: FOR CHILDREN OVER 10 YEARS OF 
AGE ONLY. USE UNDER THE SUPERVISION OF AN ADULT. 
In particular the following are regarded as chemical toys: chemistry sets, plastic 
embedding sets, miniature work-shops for ceramics, enamelling or photography, and 
similar toys. 
5. Skateboards for children 
If these products are offered for sale as toys they shall bear the marking: 'WARNING: 
PROTECTIVE EQUIPMENT SHOULD BE WORN'. 
Moreover, the instructions for use shall contain a reminder that the toy must be used with 
caution, since it has to be used with great skill away from public thoroughfares if falls or 
collisions causing injury to the user and third parties are to be avoided. Some indication shall 
also be given as to recommended protective equipment (helmets, gloves, knee pads, elbow 
pads, etc.). 
ANNEX IV 
1. EEC symbol of conformity with the common technical safety standards provided for in 
Article 4 (1) 
The EEC symbol of conformity consists of a capital epsilon 8 mm high, enclosed in an 
hexagon and accompanied by the following letters, at least 2 mm high, indicating the common 
technical standards according to which the toy has been tested and with which it has been 
found to comply: 
M = physical and mechanical properties, 
F = flammability, 
C = chemical properties, 
E = electrical properties. 
29. 7. 83 Official Journal of the European Communities No C 203/11 
Example of an EEC symbol of conformity for a toy which has passed the tests on physical 
and mechanical properties, flammability and electrical properties: 
r^ M 
CI 
2. Note to accompany toys meeting specifications other than those laid down in the common 
technical safety standards (Article 5) 
The note 'CONFORMITY REPORT No ... BY LABORATORY ...', giving the name of the 
laboratory which drew up the report, shall appear on the toy or its packaging as specified in 
Article 6. If necessary the EEC symbol of conformity referred to in paragraph 1 can be 
added. 
ANNEX V 
CONDITIONS TO BE FULFILLED BY THE LABORATORIES 
(Article 13 [2D 
The laboratories designated by the Member States must fulfill the following minimum 
conditions: 
1. Availability of personnel as well as of the necessary means and equipment; 
2. Technical competence of personnel; 
3. Independence, in carrying out the tests and preparing the technical reports provided for in 
this Directive, of staff and technical personnel in relation to all circles, groups or persons 
directly or indirectly concerned with the field of toys; 
4. Maintenance of professional secrecy by personnel. 
Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent 
authorities of the Member States.