27. 7. 81 Official Journal of the European Communities No C 185/13 
Opinion on the proposal for a Council Regulation on the approximation of the laws of the 
Member States concerning toy safety 
The text referred to the Committee has been published in Official Journal of the 
European Communities No C 228 of 8 September 1980, page 10. 
A. LEGAL BASIS FOR THE OPINION 
On 15 July 1980 the Council referred the abovementioned proposal to the Economic 
and Social Comittee in accordance with Article 198 of the Treaty establishing the 
European Economie Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 
187th plenary session held in Brussels on 29 and 30 April 1981. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, HAS ADOPTED THE FOLLOWING OPINION 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 198 thereof, 
Having regard to the request made by the Council of 
the European Communities on 15 July 1980 for an 
opinion on the proposal for a Council Regulation on 
the approximation of the laws of the Member States 
concerning toy safety ('), 
Having regard to the decision taken by the 
Committee Bureau on 23 September 1980, 
instructing the Section for Protection of the 
Environment, Public Health and Consumer Affairs 
to draw up an opinion on the matter, 
Having regard to the report submitted by the 
rapporteur, Mrs Stfobel, 
Having regard to the opinion adopted by the 
abovementioned Section at its meeting on 7 April 
1981, 
Having regard to the discussions at its 187th plenary 
session held on 29 and 30 April 1981 (meeting of 
29 April 1981), 
(!) OJ No C 228, 8. 9. 1980, p. 10. by 69 votes to 14 with 24 abstentions: 
1. General comments 
1.1. The Economic and Social Committee 
welcomes the Commission's decision to propose an 
alignment Directive designed not only to eliminate 
trade barriers but above all to enhance the protection 
of children's health and safety. The draft Directive, 
which has taken a long time to prepare, conforms to 
the Council resolutions of 1973 and 1975(2)(3). 
1.2. The Committee thinks however that this 
Commission draft is very detailed and, by the very 
nature of the subject, complex in structure. It 
welcomes this proposal but recommends that it be 
simplified and to this end puts forward several 
substantial amendments to the draft Directive. The 
Committee would point out that these simplifications 
in no way prejudice the safety of children; on the 
contrary, they make for greater clarity and more 
effective implementation. 
1.3. The educational and psychological aspect of 
toys cannot be completely divorced from the safety 
(2) Resolution of 21 May 1973 on a general programme for 
the removal of technical barriers to trade (OJ No C 38, 
5. 6. 1973). 
(3) Resolution of 14 April 1975 on a preliminary 
programme for a consumer protection and information 
policy (OJ No C 92, 25. 4. 1975). 
No C 185/14 Official Journal of the European Communities 27. 7. 81 
aspect. It is essential to avoid the impression that 
safety rules relieve parents and teachers of their 
responsibility as regards the use of toys by 
children. 
In this connection the Committee would ask the 
Commission to place the fourteenth recital directly 
after the sixth. 
1.4. The Section regrets that in this Directive, 
protection is not extended to the mental or even 
moral dangers of toys e. g. toys connected with 
war. 
2. Specific comments 
Article 1 (1) 
The Committee endorses the definition in the first 
subparagraph of Article 1(1), but asks that the phrase 
'Gerate und Werkzeuge fur manuelle Arbeit' be used 
in the German version. The second subparagraph 
must be retained. The Committee also feels that the 
structure of Annex I could be improved. Its 
suggestions for a new version are appended. It 
further proposes that the third subparagraph be 
replaced by the following: 
'All products, including those which do not fall 
unequivocally within the definition of paragraph 1 
(such as the products listed in Annex II, sold or 
marketed as toys shall fall within the scope of this 
Directive. 
The following products may not be sold or 
marketed as toys: 
(a) practical jokes; 
(b) Compressed-air weapons; 
(c) Fireworks; 
(d) Catapults.' 
Article 1 (3) 
The Committee proposes a reference to the Directive 
on product liability. 'Manufacturer' should be 
defined as follows: the term 'manufacturer' refers to 
manufacturers based in the Community. Persons 
importing toys originating outside the Community 
shall be treated as manufacturers. 
If it cannot be established who is the manufacturer of 
the article, each supplier shall be treated as its 
manufacturer unless he informs the injured party 
forthwith of the identity of the manufacturer or the 
person who supplied him with the article. Furthermore, wherever the words 'seller' or 'vendor' 
are used, they should be replaced by the word 
'dealer'. 
Article 3 (becomes Article 2) 
Article 3 should become Article 2. In the German 
version the second title should be 'Freier 
Warenverkehr'. 
Article 2 (becomes Article 3) 
The Committee notes that Article 2 contains a 
hotchpotch of provisions. It therefore proposes that it 
be split into two Articles. 
Article 2 (1) first subparagraph should read: 
'Taking into account (a) the fact that they are 
normally intended for children, and (b) the 
foreseeable use children may make of them, toys 
shall not endanger the safety or health of users or 
any other person. To this end, toys shall in all cases 
conform to Annex III.' 
The Committee feels that there is no need to stipulate 
a specific age in the second subparagraph of Article 2 
(1). The more flexible term 'infants and babies' would 
be better. This would make it possible to be more 
flexible about age limits in specific practical cases. 
Article 2(1) second subparagraph would then read: 
'Special provisions and more stringent ... to 
infants and babies.' 
The second sentence of this subparagraph 
('Examples of toys ... of Annex I') and the last 
subparagraph of Article 2(1) ('The general safety ... 
in Annex III') should be deleted. 
Paragraphs 2 and 3 of the present Article 2 should be 
set out in a separate Article 2 a (to become 
Article 3a). Paragraph 2 should read: 
'Toys must comply with the requirements of the 
Directive not only when they are placed on the 
market but also for a reasonable period of normal 
wear.' 
Article 4 (1) and (2) 
The Committee has only the following comments on 
paragraphs 1 and 2: 
— in the German text of paragraph 1 the word 
'hergestellt' should be substituted for 'gebaut'; 
— in the German text of paragraph 2 and elsewhere 
in the Directive where it occurs the phrase 'Das 
Spielzeug tragt ...' should be amended to 'Das 
Spielzeug muB ... tragen ...'; 
27. 7. 81 Official Journal of the European Communities No C 185/15 
— the words 'and children's craft' should be deleted 
from the list in the second indent of the third 
subparagraph of Article 4 (1) as these products 
are not toys. 
Article 4 (3), (4) and (5) 
The Committee considers that the proposed 
procedure for testing, certification etc. is very 
complex and could lead to high costs and 
corresponding administrative expenditure and 
places small manufacturers and craftsmen at a 
disadvantage. 
The certificate or declaration could also lead the 
consumer to wrong conclusions. 
Therefore the Committee wonders whether it would 
not be possible to do without paragraphs 3 and 4 
entirely and whether the use of such certificates or 
declarations should not be prohibited altogether. 
In this case the second sentence of paragraph 5 
would be deleted. 
With regard to paragraph 5, the Committee would 
also like it made clear that the ban applies solely to 
safety signs and not to quality, brand-name or 
educational-value signs. 
Article 5 
In the interests of simplification and in line with the 
proposed changes to Article 4, the Committee 
suggests replacing subparagraphs 2 and 3 of 
paragraph 1 by the following: 
'Manufacturers shall have any toy manufactured 
according to new technologies examined and 
approved by the official control bodies.' 
Article 6 
The Committee's proposals for Article 4 (3) and (4) 
and Article 5 make the provisions of paragraph 1 d) 
superfluous. 
It proposes that 'the production batch' be added to 
the list of obligatory particulars in paragraph 1 and 
that paragraph 2 stipulate that these particulars be 
given on the toy and its packaging. 
The Committee proposes that the first subparagraph 
of paragraph 3 read: 
'... shall also be given in summary form in all 
catalogues, folders and prospectuses and in all 
forms of advertising in general'. Article 8 
This can be simplified. The crux is that each Member 
State must check whether toys conform to the 
Directive under review and forward its findings to 
the other Member States and the Commission. The 
procedure should be left up to the Member States. 
Where sound inspection rules already exist, further 
expensive or supplementary arrangements are 
superfluous. We therefore propose: 
Checks 
1. The Member States shall carry out checks to 
ascertain the conformity of products on the market 
with the provisions of this Directive and its 
Annexes. 
2. The Member States shall report to the 
Commission on these checks at regular intervals, the 
first report being made not later than three years after 
this Directive comes into force. 
Article 10 
The Committee considers that the withdrawal 
provisions for dangerous products are weakened by 
the proviso in Article 10. It recommends deleting the 
first part of the first sentence, which should read 'The 
Member States shall take ...'. 
Article 11 
In the German text the word 'Sanktionen' should 
replace 'Erfindungen'. 
Article 12 
The Committee feels that the principle set out in 
Article 12 should be amplified. It assumes that 
monitoring is to be carried out by the Member States 
and that private individuals will have the right to 
complain to public monitoring bodies. The 
Committee therefore proposes that the Article be 
headed 'Right of complaint' and that the first 
subparagraph read as follows: 
'Any interested person or organization, and in 
particular the consumer associations, must be able 
to request the competent authorities of the Member 
States to verify the safety of toys on the market if 
there are reasonable grounds for suspecting that 
such toys may fail to meet the requirements of the 
present Directive.' 
The second subparagraph could be deleted. 
No C 185/16 Official Journal of the European Communities 27. 7. 81 
Article 13 
The Committee proposes the following simpler 
version: 
'1. Toys which do not conform to this Directive 
may not be advertised. 
2. All advertising or promotion of toys based on 
their safety shall be prohibited. 
3. Where necessary advertisements must mention 
age particulars and safety instructions. They must 
not mislead as regards the capabilities of the child 
or the safety characteristics of the toy.' 
Article 14 (1) 
The Committee endorses the Commission's aim of 
facilitating access to redress for persons who have 
suffered injury through the use of toys. In this 
connection it whould refer to the comments 
contained in the Economic and Social Committee 
study on judicial and quasi-judicial means of 
consumer protection. It wonders about the legal 
implications of this Article in its present form 
however. It would therefore like the Commission to 
look closely for some way of resolving this 
question. 
Article 14 (2) 
paragraph as The Committee regards this paragra 
unnecessary and proposes that it be deleted. 
Article 15 
The adapting to technical progress referred to in 
paragraph 1 should also cover new knowledge about 
the health and safety of children. 
Articles 15, 16 and 17 
The Committee welcomes the setting up of a 
committee for toys. It thinks however that the 
relevant manufacturers', workers' and consumers' 
organizations should be consulted on any 
amendments which need to be made to this Directive. 
The Committee calls on the Commission to set up an 
advisory committee for toys. Article 18 
Paragraph 1 to read as follow: 
'Each Member State shall designate the 
laboratories authorized to carry out the tests 
provided for in this Directive and shall notify the 
other Member States and the Commission 
accordingly.' 
In the German text the word 'Werbung' should be 
replaced by 'Veroffentlichung'. 
Article 13 (a) 
The Committee recommends inserting a new 
Article 18 (a), as follows: 
'The standards prescribed in this Directive and the 
annexes thereto shall, by the procedure set out in 
Article 17, be kept up to date with technological 
progress and developments in the protection of 
physical and mental health and safety.' 
The Committee would like to see consistency 
between the relevant standards (CEN, DIN, EC), 
based on maximum protection for the health and 
safety of children. 
Article 19 
The Committee considers that it would be better to 
group all the information which is to be notified to 
the Commission in one Article. It proposes the 
following wording: 
'Subject to ... in Article 17, the Member States 
shall, every three years, communicate to the 
Commission any information relating to test 
findings, market withdrawal measures and 
accidents in which toys were involved.' 
This would mean that Articles 8 (3) and 10, second 
subparagraph, could be deleted. 
Annexes 
On perusal of the Annexes the Committee felt that 
further improvement was needed. 
It has already made a proposal regarding Annex I; 
Annex II should also be brought into line with the 
proposed changes to Article 1 and be given a new 
heading. 
At all events the N.B. at the end of Annex II must be 
deleted. 
The Committee has set out some suggestions for 
Annexes III and IV below. Although Annexes V and 
27. 7. 81 Official Journal of the European Communities No C 185/17 
VI are largely based on the CEN standards, and even 
improve on these standards, they still contain some 
shortcomings. 
It is not the Committee's job to undertake a 
complete, expert revision. It will therefore confine 
itself to a few examples, but would urge the 
Commission to go over the Annexes once again with 
special thoroughness. 
Annex HI 
The wording of the exception in 2.3.B, allowing 
higher levels than those authorized, is too general 
and open to abuse. 
The provision contained in the final indent of 2.3 D, 
i.e. that the rules relating to the composition of 
cosmetic products for adults also apply to cosmetics 
sold as toys, could be dangerous for children. 
The Committee would like to see 2.6 worded in such 
a way that it is clear that it refers solely to hygiene 
during manufacture. 
Annex IV, paragraph 1 
Instead of indicating a specific age in months the 
phrase 'toys for babies and infants' should be used. 
Modern psychology and pedagogy would reject such 
a rigid indication of age as more misleading than 
helpful. The range of 'normal' behaviour is so wide 
that for some children such a specific indication of 
age would act as an impediment to development 
while for others it could be positively dangerous (late 
developers who still put everything into their mouths 
up until they are four). 
It creates only the illusion of safety. It would be 
better to specify the risk, e. g. 'danger of swallowing', 
and leave it up to those responsible for the child to 
act accordingly and make their own decision. 
6 b) 
Here and elsewhere where it is used the term 'pigeon 
shooting' should be replaced by 'the game called 
pigeon shooting'. Annex V 
2.1.3. 
It should be stipulated in the third paragraph that all 
test tubes for children must be heat-resistant. 
2.2.1. 
The Commission proposes applying the provisions 
for sharp edges to metal sheets with a thickness of less 
than 0 • 5 mm. 
The DIN/CEN standard applies this provision to 
thin metal edges without any precise indication of 
thickness. 
This could mean that metal sheets with a thickness of 
0-6 or 0-7 mm would not be covered by the 
Community rules. 
2.2.1 should also stipulate that any remaining sharp 
injection points on plastics must be removed. 
2.2.3 and 2.2.4 
As in the German standard DIN 66070 it should be 
stipulated that wheels must be attached with screws 
and not with nails. 
3.2.2 covers only the force and not the torsional 
strain. But children twist rather than tear knobs etc. 
off. 
3.4 
The most frequently used knots come undone easily, 
especially with plastic cords! 
3.7.1. 
Rocking horses for very small children with a barred-
in seat only seem to be safe: because of the bar 
children who are too young are sat on the horse and, 
apart from being left sitting too long (injury to the 
back), they try to climb out of the seat and get caught 
(even in so-called stirrups!). It is much less dangerous 
if they slip down or are not allowed to mount the 
horse on their own until they are firm in the 
saddle. 
4.7. There is no test for brake wear. 
3.7.3. 
Swings: with many swings there is wear at the 
suspension points and this cannot be seen from 
NoC 185/18 Official Journal of the European Communities 27. 7. 81 
below, d) does not contain any proper instructions as 
to the correct positioning. 
3.9.1. 
Above all it is important that handles, knobs, etc. be 
the right size and not simply reduced in proportion to 
the 'adult appliance' (much too small!). For instance: 
the handles of cooking pots, the controls of steam 
locomotives, etc. 4.1.5. 
The length of the handle is sometimes a danger with 
rattles as babies put them into their mouth the wrong 
way round (choking). 
Annex VII 
The Committee suggests deleting Annex VII since it 
does not think that the symbol of conformity should 
be introduced. 
Done at Brussels, 29 April 1981. 
The Chairman 
of the Economic and Social Committee 
Tomas ROSEINGRAVE 
Proposal for Annex I 
Sensorimotor toys 
(Toys for babies and infants) 
for example: 
— rattles, gripping toys, musical boxes, jumping jacks, ball-rolling tracks, etc. 
— toys which are attached to prams, cots, seats and playpens; 
— bathtub toys; 
— dolls, animals and balls for very young children, soft toys; 
— toys for pulling and pushing; 
— rocking animals and other rocking articles; 
— sand toys for very young children; 
— simple miniature cars and play-acting accessories; 
— simple construction toys to be assembled, fitted in, stacked etc.; 
— starter materials for creative play, e. g. finger paints. 
Toys for active games 
for example: 
— balls, hoops, skittles, tops, stilts, throwing games; 
— swings, slides, etc.; 
— aeroplanes, kites, bows and arrows, etc.; 
— vehicles, e.g. tricycles, scooters, go-carts; 
— sports toys such as roller-skates, skate-boards; 
— aquatic games 
27. 7. 81 Official Journal of the European Communities No C 185/19 
Toys for carrying out experiments, building, creating and making 
for example: 
— constructional material, building material; 
— puzzles and jigsaw puzzles; 
— plaiting, weaving, threading and knotting games; 
— painting, drawing and modelling material; 
— model-making kits; 
— equipment for scientific experiments (chemistry, physics, electronics sets); 
— steam engines, model railways; 
— optical and acoustical toys such as kaleidoscopes, microscopes and walkie-talkies for 
children; 
— tools and household appliances for children, e. g. irons, stoves, sewing machines. 
Toys for play-acting and theatrical games (social games) 
for example: 
— puppets, toy animals and glove puppets; 
— toys for play-acting, e.g. toy shops, puppet theatres, doll houses, railway sets, constructional 
toys, doctors' kits; 
— toy furniture, toys intended to be entered by a child; 
— dressing-up toys (costumes, masks, wigs). 
Games 
for example: 
— games of skill, such as Mikado; 
— card games, board games, dice games; 
— strategy games; 
— electronic games. 
ANNEX 
to the opinion of the Economic and Social Committee 
The following amendment was rejected in the debate: 
Page 2 
Delete paragraph 1.4 
Reason 
This paragraph is inconsistent with the previous paragraph, which rightly draws attention to the 
general responsibility of parents and teachers. Further, paragraph 1.4 does not refer to the removal 
of technical barriers to trade and has no foundation in the Treaty of Rome. 
Result of the vote 
For: 37, Against; 63, Abstentions: 8.