21. 12. 87 Official Journal of the European Communities No C 343/31 
Amended proposal for a Council Directive on the approximation of the laws of the Member States 
concerning the safety of toys 
COM(87) 467 final 
(Submitted by the Commission to the Council on 6 October 1987 pursuant to the third paragraph of 
Article 149 of the EEC Treaty) 
(87/C 343/02) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100A 
thereof, 
Having regard to the proposal from the Commission (1), 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas the laws, regulations and administrative provisions 
in force in Member States relating to the safety characteristics 
of toys differ in scope and content; whereas such disparities 
are liable to create barriers to trade and unequal conditions of 
competition within the internal market without necessarily 
affording consumers in the common market, especially 
children, effective protection against the hazards arising 
from the products in question; 
Whereas these obstacles to the attainment of an internal 
market in which only sufficiently safe products would be sold 
should be removed; whereas for this purpose the marketing 
and free movement of toys should be made subject to uniform 
rules based on the objectives regarding protection of 
consumer health and safety as set out in the Council 
resolution of 6 May 1986 on a new impetus for consumer 
protection policy; 
Whereas, to facilitate proof of conformity with the essential 
requirements, it is necessary to have harmonized standards at 
European level in particular as to the design and the 
composition of toys so that products complying with them 
may be assumed to conform to the essential requirements; 
whereas these standards harmonized at European level are 
drawn up by private bodies and must remain non-mandatory 
texts; whereas, for that purpose, the European Committee 
for Standardization (CEN) and the European Committee for 
Electrotechnical Standardization (Cenelec) are recognized 
as the competent bodies for the adoption of harmonized 
standards in accordance with the general guidelines for 
cooperation between the Commission and those two bodies 
signed on 13 November 1984; whereas, for the purposes of 
this Directive, a harmonized standard is a technical 
specification (European standard or harmonization document) adopted by one or both of those bodies upon a 
remit from the Commission in accordance with the 
provisions of Council Directive 83/189/EEC of 28 March 
1983 laying down a procedure for the provision of 
information in the field of technical standards and 
regulations (2) and on the basis of the general guidelines; 
Whereas, in accordance with the Council resolution of 7 May 
1985 on a new approach to technical harmonization and 
standards (3), the harmonization to be achieved should 
consist in establishing the essential safety requirements to be 
satisfied by all toys if they are to be placed on the market; 
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'toys'; whereas, nevertheless, it should be 
specified that some products are not to be regarded as toys for 
the purposes of this Directive either because they are not in 
fact intended for children or because they call for supervision 
or special conditions of use; 
Whereas toys placed on the market should not jeopardize the 
safety and/or health either of users or of third parties; 
whereas the standard of safety of toys should be determined 
in relation to the criterion of the use of the product as 
intended, but allowance should also be made for any 
foreseeable use, bearing in mind the normal behaviour of 
children who do not generally show the same degree of care 
as the average adult user; 
Whereas the standard of safety of the toy must be considered 
when it is marketed, bearing in mind the need to ensure that 
this standard is maintained throughout the foreseeable and 
normal period of use of the toy; 
Whereas compliance with the essential requirements is likely 
to guarantee consumer health and safety; whereas all toys 
placed on the market must comply with these requirements 
and, if they do, no obstacle must be put in the way of their 
free movement; 
Whereas toys may be presumed to comply with these 
essential requirements where they are in conformity with the 
harmonized standards reference numbers of which have been 
published in the Official Journal of the European 
Communities; 
(») OJ No C 282, 8.11. 1986, p. 4. (2) OJNoL109, 26. 5. 1983, p. 8. 
(3) OJNoC136, 4. 6. 1985, p. 1. 
No C 343/32 Official Journal of the European Communities 21. 12. 87 
Whereas toys that conform to a model approved by an 
inspection body may also be regarded as complying with the 
essential requirements; whereas such conformity must be 
certified by the affixing of a European mark; 
Whereas certification procedures must be established to 
define the way in which national inspection bodies have to 
approve models of toys not in conformity with standards and 
issue type-examination certificates for them and for toys in 
conformity with standards, a model of which is submitted to 
them for approval; 
Whereas adequate information for the Member States, the 
Commission and all the inspection bodies must be provided 
for at the various stages of the certification and inspection 
procedures; 
Whereas Member States must appoint inspection bodies for 
application of the system introduced for toys; whereas 
adequate information on these bodies must be provided and 
they must all comply with minimum criteria for their 
approval; 
Whereas cases might arise where a toy does not satisfy the 
essential safety requirements; whereas a reason must be given 
for this decision and where the reason is a shortcoming in the 
harmonized standards these must be withdrawn from the list 
published by the Commission; 
Whereas the Commission is to ensure that the harmonized 
European standards in all the areas covered by the essential 
requirements set out in Annex II are drawn up in sufficient 
time to enable Member States to adopt and publish the 
necessary provisions by 30 June 1989; whereas the national 
provisions adopted on the basis of this Directive should 
consequently become effective on 1 January 1990; 
Whereas provision must be made for suitable action to be 
taken against anyone wrongfully affixing a mark of 
conformity; 
Whereas checks on the safety of toys already on the market 
must be carried out by the competent authorities of the 
Member States; 
Whereas, for some categories of toys that are particularly 
dangerous or intended for very young children, warnings or 
details of precautions to be taken must also be given; 
Whereas the Commission must receive regular information 
on the activities carried out under this Directive by the 
inspection bodies; 
Whereas those to whom any decision taken under this 
Directive is addressed must know the reason for that decision 
and the remedies open to them; Whereas the opinion of the Scientific Advisory Committee 
for the evaluation of the toxicity and ecotoxicity of chemical 
compounds has been taken into account with respect to the 
health-based limits of bioavailability of metallic compounds 
in toys to children, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
1. This Directive shall apply to toys. A 'toy' means any 
product or material designed and clearly intended for use in 
play by children of less than 14 years of age. 
2. The products listed in Annex I shall not be regarded as 
toys for the purposes of this Directive. 
Article 2 
1. Toys may be placed on the market only if they do not 
jeopardize the safety and/or health of users or third parties, 
when they are used as intended or in a foreseeable way, 
bearing in mind the normal behaviour of children. 
2. In the condition in which it is placed on the market, 
taking account of the period of foreseeable and normal use, a 
toy must meet the safety and health conditions laid down in 
this Directive. 
3. For the purposes of this Directive, 'placed on the 
market' shall cover both sale and distribution free of 
charge. 
Article 3 
Member States shall take all steps necessary to ensure that 
toys cannot be placed on the market unless they meet the 
essential safety requirements set out in Annex II. 
Article 4 
Member States shall not impede the placing on the market on 
their territory of toys which satisfy the provisions of this 
Directive. 
Article 5 
1. Member States shall presume compliance with the 
essential safety requirements referred to in Article 3 in respect 
of toys bearing the EC mark denoting conformity with the 
relevant national standards incorporating the harmonized 
21. 12. 87 Official Journal of the European Communities No C 343/33 
standards whose reference numbers have been published in 
the Official Journal of the European Communities. Member 
States shall publish the reference numbers of such national 
standards. 
2. Member States shall presume that toys in respect of 
which the manufacturer has not applied the standards 
referred to in paragraph 1, or has applied them only in part, 
or for which no such standards exist, satisfy the essential 
requirements referred to in Article 3 where, after receipt of an 
EEC type-examination certificate, their conformity with the 
approved model has been certified by the affixation of the EC 
mark. 
Article 6 
1. Where a Member State or the Commission considers 
that the harmonized standards referred to in Article 5 (1) do 
not entirely satisfy the essential requirements referred to in 
Article 3, the Commission or the Member State shall refer the 
matter to the Standing Committee set up under Directive 
83/189/EEC, hereinafter referred to as 'the Committee', 
setting out its reasons. The Committee shall issue an opinion 
as a matter of urgency. 
After receiving the Committee's opinion the Commission 
shall notify the Member States whether or not the standards 
concerned or a part thereof have to be removed from the 
publications referred to in Article 5(1). 
2. The Commission shall inform the European 
standardization body concerned and if necessary issue a new 
standardization brief. 
Article 7 
1. Where a Member State ascertains that toys bearing the 
EC mark which are used as intended or in accordance with 
Article 2 are likely to jeopardize the safety and/or health of 
consumers and/or third parties, it shall take all appropriate 
measures to withdraw the products from the market, or to 
prohibit or restrict their placing on the market. The Member 
State shall inform the Commission immediately of this 
measure and indicate the reasons for its decision, stating in 
particular whether the non-compliance results from: 
(a) failure to meet the essential requirements, referred to in 
Article 3, if the toy does not meet the standards referred 
to in Article 5(1); 
(b) incorrect application of the standards referred to in 
Article 5(1); 
(c) shortcomings in the standards referred to in Article 5(1) 
themselves. 
2. The Commission shall enter into consultation with the 
parties concerned as soon as possible. Where, after such consultation, the Commission finds that any measure as 
referred to in paragraph 1 is justified, it shall immediately so 
inform the Member State that took the action and the other 
Member States. Where the decision referred to in paragraph 
1 is attributed to shortcomings in the standards, the 
Commission, after consulting the parties concerned, shall 
bring the matter before the Committee within two months if 
the Member State which has taken the measures intends to 
maintain them and shall initiate the procedures referred to in 
Article 6. 
3. Where the toy which does not comply with the 
requirements bears the EC mark, the competent Member 
State shall take appropriate action against whomsoever has 
affixed the mark and shall inform the Commission and the 
other Member States thereof. 
4. The Commission shall ensure that the Member States 
are kept informed of the progress and outcome of this 
procedure. 
Article 8 
1. (a) Before being placed on the market toys 
manufactured in accordance with the harmonized 
standards referred to in Article 5 (1) must have 
affixed to them the EC mark specified in Article 11 
by which the manufacturer or his authorized 
representative established within the Community 
confirms that the toys comply with those 
standards. 
(b) The manufacturer or his authorized representative 
established within the Community shall keep the 
following information available for inspection: 
— a description of the means (such as the use of a 
test report, technical file etc.) whereby the 
manufacturer ensures conformity of production 
with the standards referred to in Article 5(1) (this 
shall contain, as appropriate: an EC 
type-certificate drawn up by an approved body; 
copies of the documents the manufacturer has 
submitted to the approved body; a description of 
the means whereby the manufacturer ascertains 
conformity with the approved model), 
— the addresses of the places of manufacture and 
storage, 
— detailed information concerning the design and 
manufacture. 
Where neither the manufacturer nor his authorized 
representative are established within the 
Community, the above obligation to keep a dossier 
available shall be the responsibility of the person 
who places the toy on the Community market. 
2. (a) Toys which do not conform in whole or in part to the 
standards referred to in Article 5 (1) must have 
affixed to them before being placed on the market the 
EC mark specified in Article 11 by which the 
No C 343/34 Official Journal of the European Communities 21. 12. 87 
manufacturer or his authorized representative 
established within the Community confirms that the 
toy concerned conforms to the model examined in 
accordance with the procedures laid down in Article 
9 which an approved body has stated complies with 
the essential requirements referred to in Article 3. 
(b) The manufacturer, or his authorized representive 
established within the Community, shall keep the 
following information available for inspection: 
— a detailed description of manufacture, 
— a description of the means (such as the use of a 
test report, technical file, etc.) whereby the 
manufacturer ensures conformity with the 
approved model, 
— the addresses of the places of manufacture and 
storage, 
— copies of the documents the manufacturer has 
submitted to an approved body in accordance 
with Article 10 (2). 
— the test certificate for the sample or a certified 
copy thereof. 
Where neither the manufacturer nor his authorized 
representative are established within the 
Community, the above obligation to keep a dossier 
available shall be the responsibility of the person 
who places the toy on the market in the 
Community. 
3. In the event of non-observance of the obligations laid 
down in Article 8 (1) (b) and (2) (b), the competent Member 
State shall take appropriate measures to ensure that those 
obligations are observed. 
Where non-observance of the obligation is obvious, it may in 
particular require the manufacturer or his authorized 
representative established within the Community to have a 
test performed at his own expense within a specified period 
by an approved body in order to verify compliance with the 
harmonized standards and essential safety requirements. 
Article 9 
1. Annex III contains the minimum criteria which 
Member States must meet as regards approval of the bodies 
referred to in Articles 8 (2) and 10. 
2. Each Member State shall notify the Commission of the 
approved bodies responsible for carrying out the EC 
type-examination referred to in Articles 8 (2) and 10. The 
Commission shall publish a list of these bodies, with the 
distinguishing numbers it has given them, in the Official 
Journal of the European Communities for information and 
shall be responsible for updating it. 3. A Member State which has approved a body shall 
withdraw approval if it finds that the body no longer meets 
the criteria listed in Annex HI. It shall immediately inform the 
Commission thereof. 
Article 10 
1. EC type-examination is the procedure by which an 
approved body ascertains and certifies that a model of a toy 
satisfies the essential requirements applicable to it. 
2. The application for EC type-examination shall be 
lodged with an approved body by the manufacturer or by his 
authorized representative established within the 
Community. 
The application shall include: 
— a description of the toy, 
— the name and address of the manufacturer or of his 
authorized representative(s), and the place of 
manufacture of the toy, 
— comprehensive manufacturing and design data; and shall 
be accompanied by a model of the toy to be 
manufactured. 
3. The approved body shall carry out the EC 
type-examination in the manner described below: 
— it shall examine the documents supplied by the applicant 
and establish whether they are in order, 
— it shall check that the toy would not jeopardize safety 
and /or health as provided in Article 2, 
— it shall carry out the appropriate examinations and tests 
— using as far as possible the harmonized standards — in 
order to check whether the model meets the essential 
requirements, 
— it may ask for further examples of the model. 
4. If the model complies with the essential requirements 
referred to in Article 3, the approved body shall draw up an 
EC type-examination certificate which shall be forwarded to 
the applicant. This certificate shall state the conclusions of 
the examination, indicate any conditions attaching to it and 
be accompanied by the descriptions and drawings of the 
approved toy. 
The Commission, the other approved bodies and the other 
Member States may obtain on request a copy of the certificate 
and, on reasoned request, a copy of the design and 
manufacturing schedule and the reports on the examinations 
and tests carried out. 
5. An approved body which refuses to issue an EC 
type-examination certificate shall so inform the Member 
State which approved it and the Commission, giving the 
reasons for refusal. 
21. 12. 87 Official Journal of the European Communities No C 343/35 
Article 11 
1. The EC mark referred to in Articles 5,7, and 8 and the 
name and/or trade name and/or mark and address of the 
manufacturer or his authorized representative or the 
importer into the Community shall as a rule be affixed either 
to the toy or on the packaging in a visible, easily legible and 
indelible form. In the case of small toys and toys consisting of 
small parts these particulars may be affixed in the same way 
to the packaging, to a label or to a leaflet. Where the said 
particulars are not affixed to the toy, the consumer's 
attention must be drawn to the advisability of keeping 
them. 
2. The EC mark shall consist of the symbol '£'. 
3. The affixing to toys of marks or inscriptions that are 
likely to be confused with the EC mark shall be 
prohibited. 
4. The particulars referred to the paragraph 1 may be 
abbreviated provided that the abbreviation enables the 
manufacturer, his authorized representative or the importer 
into the Community to be identified. 
5. Annex IV sets out the warnings and indications of 
precautions to be taken during use that have to be given for 
certain toys. Member States may require that these or other 
warnings and precautions or some of them, together with the 
information specified in paragraph 4, be given in their own 
national language or languages when the toys are placed on 
the market. 
Article 12 
1. Member States shall take the necessary measures to 
ensure that sample checks are carried out on toys which are 
on their market, so as to verify their conformity with the 
provision of this Directive. 
The authority responsible for inspection: 
— shall obtain access on request to the place of manufacture 
or storage and to the information referred to in Article 8 
(1) (b) and (2) (b), 
— may ask the manufacturer, his authorized representative 
or the person responsible for marketing the toy 
established within the Community to supply the information as provided for in Article 8 (1) (b) and (2) (b) 
within a period specified by the Member State. 
— may select a sample and take it away for examination and 
testing. 
2. Every three years Member States shall send the 
Commission a report on the application of this Directive. 
3. The Member States and the Commission shall take the 
necessary measures to guarantee confidentiality with regard 
to the forwarding of the copies relating to the EC 
type-examination referred to in Article 10 (4). 
Article 13 
Member States shall regularly inform the Commission of the 
activities carried out in pursuance of this Directive by the 
bodies they have approved so that the Commission may 
ensure that the inspection procedures are implemented 
correctly and without discrimination. 
Article 14 
Any decision taken pursuant to this Directive and involving 
restrictions on the placing of the toy on the market shall state 
the exact grounds on which it is based. It shall be notified as 
soon as possible to the party concerned, who shall at the same 
time be informed of the remedies available to him under the 
laws in force in the Member State in question and of the time 
limits applying to such remedies. 
Article IS 
1. Member States shall adopt and publish by 30 June 
1987 the provisions necessary to comply with this Directive. 
They shall forthwith inform the Commission thereof. 
They shall apply these provisions from 1 January 1990. 
2. Member States shall communicate to the Commission 
the texts of the provisions of national law which they adopt in 
the field covered by this Directive. 
Article 16 
This Directive is addressed to the Member States. 
No C 343/36 Official Journal of the European Communities 21. 12. 87 
ANNEX I 
PRODUCTS NOT REGARDED AS TOYS FOR THE PURPOSE OF THIS DIRECTIVE 
(Article 1 (1)) 
1. Christmas decorations 
2. Detailed scale models for adult collectors 
3. Equipment intended to be used collectively in playgrounds 
4. Sports equipment 
5. Aquatic equipment intended to be used in deep water 
6. Folk dolls and decorative dolls and other similar articles for adult collectors 
7. 'Professional' toys installed in public places (shopping centres, stations, etc.) 
8. Puzzles with more than 500 pieces or without pattern, intended for specialists 
9. Air guns and air pistols 
10. Fireworks, including toy pistol caps (') 
11. Slings and catapults 
12. Sets of darts with metallic points 
13. Electric ovens, irons or other functional products operated at a nominal voltage exceeding 24 volts 
14. Products containing heating elements intended for use under the supervision of an adult in a teaching 
context 
15. Vehicles with combustion engines 
16. Toy steam engines 
17. Bicycles designed for sport or for travel on the public highway 
18. Video toys that can be connected to a video screen, operated at a nominal voltage exceeding 24 volts 
19. Babies' dummies 
20. Faithful reproductions of real fire arms 
21. Fashion jewellery for children. 
ANNEX II 
ESSENTIAL SAFETY REQUIREMENTS FOR TOYS 
I. General principles 
1. In compliance with the requirements of Article 2 of this Directive, the users of toys as well as third parties must 
be protected against health hazards and risk of physical injury when toys are used as intended or in a forseeable 
way, bearing in mind the normal behaviour of children. Such risks are those: 
(') Excepting pistol caps specifically designed for use in toy pistols without prejudice of more severe provisions already existing in 
certain Member States. 
21. 12. 87 Official Journal of the European Communities No C 343/37 
(a) which are connected with the design, construction or composition of the toy; 
(b) which are inherent in the use of the toy and cannot be completely eliminated by modifying the toy's 
construction and composition without altering its function or depriving it of its essential properties. 
2. (a) The degree of risk present in the use of a toy must be commensurate with the ability of the users, and, 
where appropriate, their supervisors to cope with it. This applies in particular to toys which, by virtue of 
their functions, dimensions and characteristics, are intended for use by children under 36 months. 
(b) To observe this principle, a minimum age for users of toys and/or the need to ensure that they are used 
only under adult supervision must be specified where appropriate. 
3. Labels on toys and /or their packaging and the instructions for use which accompany them must draw the 
attention of users or their supervisors fully and effectively to the risks involved in using them and to the ways of 
avoiding such risks. 
II. Particular risks 
1. Physical and mechanical properties 
(a) Toys and their parts and, in the case of fixed toys, their anchorages, must have the requisite mechanical 
strength and, where appropriate, stability to withstand the stresses to which they are subjected during use 
without breaking or becoming liable to distortion at the risk of causing physical injury. 
(b) Accessible edges, protrusions, cords, cables and fastenings on toys must be so designed and constructed 
that the risks of physical injury from contact with them are reduced as far as possible. 
(c) Toys must be so designed and constructed as to minimize the risk of physical injury which could be caused 
by the movement of certain parts. 
(d) 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 swallowed and/or 
inhaled. 
(e) Toys, and their parts and the packaging in which they are contained for retail sale must not present risk of 
strangulation or suffocation. 
(f) Toys intended for use in shallow water which are capable of carrying or supporting a child on the water 
must be designed and constructed so as to reduce as far as possible, taking into account the recommended 
use of the toy, any risk of loss of buoyancy and loss of support given to the child. 
(g) Toys which it is possible to get inside and which thereby constitute an enclosed space for occupants must 
have a means of exit which the latter can open easily from the inside. 
(h) Toys conferring mobility on their users must, as far as possible, incorporate a braking system which is 
suited to the type of toy and is commensurate with the kinetic energy developed by it. Such a system must be 
easy for the user to operate without risk of ejection or physical injury for the user or for third parties. 
(i) The form and composition of projectiles and the kinetic energy they may develop when fired from a toy 
designed for that purpose must be such that, taking into account the nature of the toy, there is no 
unreasonable risk of physical injury to the user or to third parties. 
(j) Toys containing heating elements must be so constructed as to ensure that: 
— the maximum temperature of any accessible surfaces does not cause burns when touched, 
— liquids and gases contained within toys do not reach temperatures or pressures which are such that their 
escape from a toy, other than for reasons essential to the proper functioning of the toy, might cause 
burns, scalds or other physical injury. 
2. Flammability 
(a) Toys must not constitute a dangerous flammable element in the child's environment. They must therefore 
be composed of materials which: 
No C 343/38 Official Journal of the European Communities 21. 12. 87 
(1) do not burn if directly exposed to a flame or spark or other potential seat of fire; 
(2) or are not readily flammable (the flame goes out as soon as the fire cause disappears); 
(3) or, if they do ignite, burn slowly and present a low rate of spread of the flame; 
(4) or, irrespective of the toy's chemical composition, are treated so as to delay the combustion 
process. 
Such combustible materials must not constitute a risk of ignition for other materials used in the toy. 
(b) Toys which for reasons essential to their functioning contain dangerous substances or preparations as 
defined in Council Directive 67/548/EEC relating to the classification, packaging and labelling of 
dangerous substances (J) in particular materials and equipment for chemistry experiments, model 
assembly, plastic or ceramic moulding, enamelling, photography or similar activities must not contain, as 
such, substances or preparations which may become flammable due to the loss of non-flammable volatile 
components. 
(c) Toys must not be explosive or contain elements or substances likely to explode when used as specified in 
Article 2 (1) of the Directive. 
(d) Toys, and in particular chemical games and toys must not contain as such substances or preparations: 
— which when mixed, may explode: 
— through chemical reaction, or through heating, 
— when mixed with oxidizing substances, 
— which contain volatile components which are flammable in air and liable to form flammable or 
explosive vapour/air mixture. 
3. Chemical properties 
(1) Toys must be so designed and constructed that, when used as specified in Article 2 (1) of the Directive, they 
do not present health hazards or risks of physical injury by ingestion, inhalation or contact with the skin, 
mucous tissues or eyes. 
They must in all cases comply with the relevant Community legislation relating to certain categories of 
products or to the prohibition, restriction of use or labelling of certain dangerous substances and 
preparations. 
(2) In particular, for the protection of children's health, bioavailability resulting from the use of toys must not, 
as an objective, exceed the following levels per day: 
0,2 ng for antimony, 
0,1 (ig for arsenic, 
25,0 ng for barium, 
0,6 ng for cadmium, 
0,3 ug for chrome, 
0,7 ug for lead, 
0,5 ug for mercury, 
5,0 ug for selenium, 
or such other values as may be laid down for these or other substances in Community legislation based on 
scientific evidence. 
The bioavailability of these substances means the soluble extract having toxicological significance. 
(3) As a general rule toys must not contain dangerous substances or preparations as defined in Directive 
67/548/EEC, which may harm the child's health when the toy is used. 
However, where a limited number of substances or preparation are essential to the functioning of certain 
toys, in particular materials and equipment for chemistry experiments, model assembly, plastic or ceramic 
moulding, enamelling, photography or similar activities, they are permitted up to a maximum 
concentration level to be defined for each substance or preparation by mandate after consultation of the 
(') OJ No 196, 16. 8. 1967, p. 1. 
21. 12. 87 Official Journal of the European Communities No C 343/39 
Committee installed by Directive 83/189/EEC, provided the permitted substances and preparations 
comply with the Community classification rules in respect of labelling, without prejudice to the provisions 
in point 4 of Annex IV. 
4. Electrical properties 
(a) Electric toys must not be powered by electricity of a nominal voltage exceeding 24 volts and no part of the 
toy may exceed 24 volts. 
(b) Parts of toys which are connected to, or liable to come into contact with a source of electricity capable of 
causing electric shock, together with the cables or other conductors through which electricity is conveyed 
to such parts, must be properly insulated and mechanically protected so as to prevent the risk of such 
shock. 
(c) Electric toys must be so designed and constructed as to ensure that the maximum temperatures reached by 
all directly accessible surfaces are not such as to cause burns when touched. 
5. Hygiene 
Toys must be so designed and manufactured as to meet the requirements of hygiene and cleanliness in order to 
avoid any risk of infection, sickness and contamination. 
6. Radioactivity 
Toys must not contain radioactive elements or substances in forms or proportions likely to be detrimental to a 
child's health. Euratom Directive 80/836 shall apply. 
ANNEX III 
CONDITIONS TO BE FULFILLED BY THE INSPECTION BODIES 
(Article 9 (2)) 
The bodies designated by the Member States must fulfil the following minimum conditions: 
1. availability of personnel and of the necessary means and equipment; 
2. technical competence and professional integrity of personnel; 
3. independence, in carrying out the tests, preparing the reports, issuing the certificates and performing the 
surveillance provided for in this Directive, of staff and technical personnel in relation to all circles, groups or 
persons directly or indirectly concerned with toys; 
4. maintenance of professional secrecy by personnel; 
5. subscription of a civil liability insurance unless that liability is covered by the state under national law. 
Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent authorities of the Member 
States. 
ANNEX IV 
WARNINGS AND INDICATIONS OF PRECAUTIONS TO BE TAKEN WHEN USING TOYS 
(Article 11 (5)) 
Toys must be accompanied by appropriate legible warnings in order to reduce inherent risks in their use as 
described in the essential requirements, and specifically: 
No C 343/40 Official Journal of the European Communities 21. 12. 87 
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 bear either a warning, for example: 
'Not suitable for children under 36 months' or 'Not suitable for children under three years' together with a brief 
indication, which may also appear in the instructions for use, of the specific risks calling for this 
restriction. 
This provision does not apply to toys which, on account of their function, dimensions, characteristics, 
properties or other cogent grounds, are manifestly unsuitable for children under 36 months. 
2. Sledges, suspended swings and rings, trapezes, ropes and similar toys attached to a crossbeam 
Such toys shall be accompanied by instructions drawing attention to the need to carry out checks and 
maintenance of the main parts (suspensions, fixings, anchorages, etc.) at intervals, and pointing out that if 
these checks are not carried out the toy may cause a fall or overturn. 
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: to be used under the direct supervision of 
an adult.' 
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 specified — 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 are used in the same way as, and are often scale models of, appliances or 
installations intended for adults. 
4. Toys containing inherently dangerous substances or preparations; chemical toys 
(a) Without prejudice to the application of the provisions laid down in Community Directives on the 
classification, packaging and labelling of dangerous substances or 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 hazards associated with them, which shall be specified concisely according to the type of 
toy. The first aid to be given in the event of serious accidents resulting from the use of this type of toy shall 
also be mentioned. It shall also be stated that the toys must be kept out of 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 (00) (') years of age only. For use under adult supervision.' 
In particular the following are regarded as chemical toys: chemistry sets, plastic embedding sets, miniature 
workshop for ceramics, enamelling or photography and similar toys. 
5. Skates and 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 
requires great skill, so as to avoid falls or collisions causing injury to the user and third parties. Some indication 
shall also be given as to recommended protective equipment (helmets, gloves, knee-pads, elbow-pads, 
etc.). 
6. Toys intended for use in water 
The toys intended for use in water defined in 1 (f) of Annex II shall contain the warning in accordance with the 
CEN's brief to adapt standard EN/71, parts 1 and 2: 
'Warning! Only to be used in water in which the child is within its depth and under supervision.' 
(') Age to be decided by the manufacturer.