No C 282/4 Official Journal of the European Communities 8.11.86 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the approximation of the laws of the Member States 
concerning the safety of toys 
COM(86) 541 final 
(Submitted by the Commission to the Council on 22 October 1986) 
(86/C 282/04) 
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 Par­
liament, 
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 
Community 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 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; 
Whereas, in accordance with the Council resolution of 
7 May 1985 on a new approach to technical harmoni­
zation and standards (*), the harmonization to be 
achieved should consist in establishing the essential safety 
requirments 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 board 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 children 
using the toys or of third parties, domestic animals or 
property; 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 
European standards or harmonization documents 
adopted by the European Committee for Standardization 
(CEN) or the European Committe foe Electrotechnical 
Standardization (CENELEC) at the request of the 
Commission, in pursuance 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 the reference 
numbers of which have been published in the Official 
Journal of the European Communities; 
O OJ No C 136, 4. 6. 1985, p. 1. O OJ No L 109, 26. 4. 1983, p. 8. 
8.11.86 Official Journal of the European Communities No C 282/5 
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 manufacturers who decide to manufacture toys 
in conformity with standards must have the choice either 
of submitting a model for approval or of informing an 
inspection body of their intention; 
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 a procedure must also be established to enable 
manufacturers to declare that their toys are in 
conformity either with the standards or with an approved 
model; whereas the option of making that declaration 
necessitates the setting up of a manufacturing surveill­
ance system; 
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 for efficient inspection it must be possible to 
identify toys; whereas they must therefore all bear a 
model identification number and this number must 
appear on all the documents relating to those toys; 
whereas certain details concerning the manufacturer or 
his authorized representative must also appear on the 
packaging of the toys or on a label; 
Whereas the 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 the Member 
State ascertaining this must take all appropriate measures 
to withdraw the product from the market or prohibit its 
placing on the market; 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 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 infor­
mation 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 for 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 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, sold or 
distributed free of charge only if they do not jeopardize 
the safety and/or health of users or third parties, 
domestic animals and property when they are used as 
intended or in a foresseeable way, bearing in mind the 
normal behaviour of children. 
2. In the condition in which it is marketed and 
throughout the period of foreseeable and normal use, a 
toy must meet the safety and health conditions laid down 
in this Directive. 
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, below referred to as 'essential requirements'. 
No C 282/6 Official Journal of the European Communities 8.11.86 
Article 4 
Member States shall not impede the placing on the 
market, sale or distribution on their territory of toys 
which satisfy the provisions of this Directive. 
Article 5 
1. Toys bearing a model identification number and 
the EC mark provided for in Article 15 certifying 
conformity with the harmonized standards referred to in 
paragraph 2, the reference numbers of which have been 
published in the C series of the Official Journal of the 
European Communities, shall be presumed to comply 
with the essential requirements. 
2. Harmonized standards shall be understood to mean 
European standards or harmonization documents 
adopted by the European Committee for Standardization 
(CEN) or the European Committee for Electrotechnical 
Standardization (CENELEC) at the request of the 
Commission, in pursuance of Directive 83/189/EEC. 
3. Toys bearing a model identification number that 
are not in conformity with all or part of the above-
mentioned standards shall also be presumed to comply 
with the essential requirements where their conformity to 
a model approved in pursuance of Article 10 is certified 
by the affixing of the EC mark. 
Article 6 
Where the Commission, at the request of a Member 
State or on its own initiative, considers, after consulting 
the Standing Committee set up under Directive 83/189/ 
EEC, hereinafter referred to as 'the Committee', that a 
harmonized standard does not satisfy the essential 
requirements, it shall withdraw the reference number of 
that standard from the list published in the Official 
Journal of the European Communities. The Commission 
shall inform the Member States that compliance with the 
standard in question cannot confer on toys the 
presumption established by Article 5(1). 
Article 7 
1. Where a Member State ascertains that toys bearing 
the EC mark and used as intended or in a foreseeable 
way as provided for in Article 2 (1) are likely to 
jeopardize the safety and/or health of persons, domestic 
animals or property, it shall take all appropriate 
measures to withdraw those products from the market 
and prohibit their placing on the market. The Member 
State shall immediately inform the Commission and the 
other Member States of such measures and indicate the 
reasons for its decision; in particular, it shall specify 
whether the non-compliance results from: (a) failure to meet the essential requirements, 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. Where the reasons for the decision referred to in 
paragraph 1 are shortcomings in the standards, the. 
Commission shall refer the matter to the Committee 
within two months if the Member State which took the 
measures intends to maintain them. If the Commission, 
after consulting the Committee, finds that the action is 
justified, it shall immediately inform the Member States 
accordingly. 
3. Where the EC mark has been wrongfully affixed to 
toys that do not comply with the essential requirements, 
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. Whenever it finds that the action referred to in 
paragraph 1 is justified, the Commission shall remind the 
Member States of their obligation to withdraw the toys 
from the market and prohibit their placing on the 
market. 
Article 8 
1. Prior to the manufacture of toys: 
(a) in accordance with the standards referred to in 
Article 5 (1), the manufacturer or his authorized 
representative established within the Community 
shall: 
— either inform an approved inspection body 
referred to in Article 9 and forward to it the 
manufacturer's data sheet bearing a model 
identification number for the toy; 
— or submit for the EC type-examination referred 
to in Article 10 a specimen of the toy bearing an 
identification number; 
(b) where the standards referred to in Article 5 (1) are 
not applied or are applied only in part, the manu­
facturer or his authorized representative established 
within the Community shall submit a specimen of the 
toy bearing an identification for the EC type-exami­
nation referred to in Article 10. 
2. Toys manufactured in conformity with the 
standards referred to in Article 5 (1) or with the 
approved model shall, prior to being placed on the 
market, be subject to the EC declaration of conformity 
referred to in Article 11. 
3. The data sheet and correspondence relating to the 
certification procedures referred to in paragraphs 1 and 
2 shall be in an official language of the Member State in 
which the approved body is established. 
8.11.86 Official Journal of the European Communities No C 282/7 
Article 9 
Each Member State shall notify the Commission and the 
other Member States of the approved inspection bodies 
responsible for carrying out the certification procedures 
referred to in Article 8 (1) and (2). The Commission 
shall publish a list of these bodies, for information 
purposes, in the C series of the Official Journal of the 
European Communities and shall be responsible for 
updating it. However, if a Member State has not 
approved any inspection bodies on its territory, it shall 
give notification of at least one such body approved by 
other Member States. 
2. Annex III lists the minimum criteria which Member 
States must meet as regards approval of these inspection 
bodies. 
3. A Member State which has approved an inspection 
body shall withdraw approval if it finds that the body no 
longer meets the criteria listed in Annex III. It shall 
immediately inform the Commission and the other 
Member States. 
4. Only the Member State on whose territory an 
approved inspection body is established may withdraw or 
restrict that approval. 
5. An approved inspection body may carry out the 
inspections referred to in this Directive throughout the 
territory of the Community. It may, without 
relinquishing its responsibility, delegate to another 
approved body certain tasks that are incumbent upon it. 
Article 10 
1. EC type-examination is the procedure by which an 
approved inspection body ascertains and certifies that a 
specimen of a toy satisfies the essential requirements 
applicable to it. 
2. The application for EC type-examination shall be 
lodged by the manufacturer or by his authorized rep­
resentative with a single approved inspection body in 
respect of a type of toy. The authorized representative 
shall be established in the Community. 
The application shall include: 
— the name and address of the manfucturer or of his 
authorized representative, and the place of manu­
facture of the toy; 
— the manufacturer's data sheet which shall be 
accompanied by a toy, representative of the planned 
production and bearing a model identification 
number. 
3. The approved body shall carry out the EC type-
examination in the manner described below. 
It shall examine both the manufacturer's data sheet, in 
order to check its adequacy, and the toy submitted. 
When examining the toy, this body shall: (a) verify that it has been manufactured in conformity 
with the manufacturer's data sheet and may be used 
in complete safety under the conditions set out in 
Article 2; 
(b) carry out appropriate examinations and tests. 
4. If the model complies with the essential 
requirements, 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 discriptions, drawings and 
number necessary for identification of the approved 
model. The approved inspection body shall send a copy 
of the certificate to the other approved bodies which 
may, on request, obtain a copy of the technical file. The 
Commission and the Member States may, on request, 
obtain a copy of the certificate, the technical file and the 
reports. 
5. A body which refuses to issue, or withdraws, an EC 
type-examination certificate, shall so inform the Member 
State which approved it. The latter shall inform the other 
Member States and the Commission, giving the reasons 
for the decision. 
Article 11 
1. The EC declaration of conformity is the document 
whereby the manufacturer certifies that toys conform to 
the standards referred to in Article 5 (1) or to an 
approved model and is subject to EC surveillance. 
2. A manufacturer fulfilling the obligations arising out 
of Article 12 shall affix the EC mark referred to in 
Article 15 to toys which he declares to be in conformity. 
3. The purpose of EC surveillance is to ensure, as 
required by Article 13, that the manufacturer duly fulfills 
the obligations arising out of Article 12. It shall be 
performed by the approved body which issued the EC 
type-examination certificate referred to in Article 10 
where the toys are manufactured in accordance with an 
approved model or by the approved body to which the 
manufacturer's data sheet was sent in compliance with 
the first indent of Article 8 (1) (a). 
Article 12 
Before commencing manufacture, the manufacturer must 
send the body responsible for EC surveillance a 
document containing: 
(a) a reference to the information referred to in the first 
indent of Article 8 (1) (a) or the reference number of 
the EC type-examination certificate referred to in 
Article 10 and the toy type identification number, 
No C 282/8 Official Journal of the European Communities 8.11.86 
(b) a discription of the means of verifying conformity 
with the standards referred to in Article 5 (1) or with 
the approved type and an undertaking to use those 
means during manufacture, 
(c) the address of the places of manufacture and storage 
and the date on which manufacture is to commence. 
Moreover, the manufacturer shall authorize access to 
those places of manufacture and storage by the body 
responsible for EC surveillance for inspection 
purposes, shall allow this body to select specimen 
toys and shall provide it with all the necessary infor­
mation. 
Article 13 
1. The inspection body responsible for EC surveillance 
shall examine the document referred to in Article 12 and 
the manufacturer's data sheet, in order to check its 
adequacy, when toys are not manufactured in 
accordance with an approved type. 
The body shall, during manufacture, ensure that the 
manufacturer actually uses the means of verification 
referred to in Article 12 (b). 
It may also select toys at random at the places of manu­
facture or storage, for inspection purposes. 
2. The body shall supply the Member State which 
approved it with the reference number of the document 
referred to in Article 12, the toy type identification 
number and a copy of the inspection report. The 
Commission, the other Member States and the other 
approved bodies may obtain that information and a copy 
of the report on request. 
Article 14 
Where it is established that the EC mark has been wron­
gfully affixed to toys: 
— which do not conform to the approved type, 
— which conform to an approved type that does not 
meet the essential requriements, 
— which do not conform to the relevant standards 
referred to in Article 5(1), 
— in respect of which the manufacturer has failed to 
fulfil his obligations under Article 12, 
the body responsible for EC surveillance shall report to 
the Member State concerned and, where appropriate, 
withdraw the EC type-examination certificate. 
Article 15 
1. The EC mark referred to in Articles 5, 7, 11 and 14 
and the type identification number shall be affixed in a 
visible, easily legible and indelible form to the toy or, in 
the case of toys having more than one part, to the parts 
which may be used separately or to the main parts of the 
toy. In the case of small toys and toys consisting of small 
parts, the mark and indentificaiton number may under 
the same conditions be affixed to the packaging or, 
should there be no packaging, to a label. 
The EC mark shall consist of the symbol CE. It shall be 
accompanied by the mark of the approved inspection 
body responsible for EC surveillance. 
2. The affixing to toys of marks or inscriptions that 
are likely to be confused with the EC mark shall be 
prohibited. 
3. The packaging of toys or, if there is no packaging, 
the toys themselves or the label shall also bear the name 
and/or trade name and/or mark and the address of the 
manufacturer or his authorized representative or the 
importer into the Community. These particulars may be 
abbreviated insofar as the abbreviation makes it possible 
to identify the undertaking. 
4. Annex IV lays down the warnings and indications 
of precautions to be taken during use that have to be 
given for certains toys. Member States may require that 
these or other warnings and these or other indications of 
precautions shall be given in their own national language 
or languages when the toys are marketed. 
Article 16 
1. Member States shall carry out sample checks on 
toys which are on the market so as to verify their 
conformity with the provisions of this Directive. 
2. For the purpose of updating this Directive, Member 
States shall send the Commission, every three years from 
the date given in Article 19, a report on the application 
of this Directive including the results of the checks 
provided for in paragraph 1. 
Article 17 
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 and surveillance pro­
cedures are implemented correctly and without discrimi­
nation. 
Article 18 
Any decision taken by a Member State or an approved 
inspection body pursuant to this Directive 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. 
8.11.86 Official Journal of the European Communities No C 282/9 
Article 19 2. Member States shall communicate the texts of the 
. _ ,„,. r ii provisions of national law which they adopt in the field 
1. Member States shall bring into force the laws, regu- covered b ^ Directive to the Commission, 
lations and administrative provisions necessary to comply 
with this Directive not later than 1 January 1988. They Article 20 
shall forthwith inform the Commission thereof. _. . _. . .. . . ., . _ 
This Directive is addressed to the Member States. 
ANNEX I 
PRODUCTS NOT REGARDED AS TOYS FOR THE PURPOSES 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 intended to be used for training purposes; 
5. Aquatic equipment intended to be used in deep water and flippers used for swimming; 
6. Folk dolls and decorative dolls and other similar articles for 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; 
11. Slings and catapults; 
12. Sets of darts. 
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 other 
persons and domestic animals, shall be protected, in circumstances of normal or reasonably foresee­
able use of such toys, against risks to health and of corporal injury: 
(a) which are due to the construction and composition of the toy; 
(b) which are inherent in the use of the toy and cannot be eliminated by modifying the toy's con­
struction 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 shall not be incommensurate with the capacity of 
the users, and, where appropiate, of their supervisors to cope with it. 
(b) To respect this principle, a minimum age for users of toys and/or the need to ensure that they 
are used only under adult supervision should be specified where appropriate. 
No C 282/10 Official Journal of the European Communities 8.11.86 
(c) Particularly stringent safety instructions shall be laid down for toys which, by virtue of their 
functions, dimensions and characteristics, are intended for use by infants and by very young 
children up to 36 months of age. 
3. Labels on toys and their packaging as well as the instructions for use which accompany them, must 
be such as to draw, in an effective and comprehensive way, the attention of users and/or their 
supervisors, as appropriate, 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 parts thereof and, in the case of fixed toys, their anchorages shall have the requisite 
mechanical strength to withstand stresses imposed by their use without rupture or deflection 
susceptible of inflicting corporal injury. 
(b) Accessible edges, protrusions, cords, cables and fastenings on toys shall be so designed and 
constructed that they avoid risks of corporal injury from contact with them. 
(c) Access to moving or movable parts of toys shall be so restricted as to avoid corporal injury 
susceptible of being inflicted because of their motion. 
(d) Toys, and parts thereof which are easily susceptible of being detached from the assemblies to 
which they belong, shall be of such dimensions as to prevent their being swallowed. 
(e) Toys, and parts thereof, and the packaging in which such toys or parts are contained for retail 
sale shall not present risks of strangulation or suffocation. 
(f) Toys intended for use in water or capable of bearing a child on to the water shall not present 
risks of drowning. 
(g) Toys capable of being entered and which may thereby constitute an enclosed space for occupants 
shall incorporate a means of exit easily capable of being opened from the inside by any occupant. 
(h) Toys conferring mobility on their users shall, so far as feasible, incorporate means of braking 
commensurate wth the momentum they generate and easily capable of operation by their users 
without risks of ejection therefrom or of injurious impact therewith. 
(i) Toys containing heating elements shall be so constructed as to ensure that the maximum tempe­
ratures attained by their external attained surfaces or other parts not heated for functional 
purposes shall not be such as to cause burns when touched. 
2. Flammability 
(a) Toys shall not constitute a dangerous flammable element in the child's environment. 
They must therefore be composed of materials which do not burn if directly exposed to a flame 
or spark or other potential source of ignition, which are not readily flammable or have technical 
specifications which make them virtually so (the flame goes out as soon as the ignition source is 
removed) or which, if they do ignite, burn slowly and present a low rate of spread of the flame, 
or which are treated, without prejudice relating to the toy's chemical composition, in such a way 
as to delay the combustion process. 
Such combustible material shall not constitute a risk of ignition for other materials used in the 
toy or susceptible of contact with the toy. 
(b) Toys which contain, for functional reasons, dangerous substances or preparations within the 
meaning of Article 2 (2) of Community Directive 79/831/EEC, in particular, materials and 
equipment for chemistry experiments, model assembly, plastic or ceramic moulding, enamelling, 
photography or analogous activities must not contain as such, substances or preparations which 
may become flammable due to the lose of non-flammable volatile components. 
3. Chemical properties 
(i) Toys shall be so designed and manufactured that they do not present risks to health or of 
corporal injury by ingestion or inhalation or contact with the skin, mucous tissues or eyes. 
8.11.86 Official Journal of the European Communities No C 282/11 
(ii) (a) In total, for the protection of the health of children bioavailability resulting from the use of 
toys shall not exceed, on a daily basis: 
0,2 ug for antimony; 
0,1 (i.g for arsenic; 
25,0 ug for barium; 
0,6 ug 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 from time to time based on scientific evidence. 
(b) Toys shall not include in their composition nor contain as such, substances and preparations 
whose use is prohibited or restricted by Community legislation. 
(c) Toys containing cosmetics, paints, colorants or other substances governed by Community 
legislation, or imitations of such substances, shall comply with the requirements of such 
legislation. 
(iii) Toys intended to contain foodstuffs shall comply with the relevant Community legislation 
concerning materials intended to enter into contact with foodstuffs. 
(d) Toys which contain, for functional reasons, dangerous substances or preparations within the 
meaning of Article 2 (2) of Community Directive 79/831/EEC, in particular, materials and 
equipment for chemistry experiments, model assembly, plastic or ceramic moulding, 
enamelling, photography or analagous activities shall comply with the requirements for 
classification, packaging and labelling laid down in Community legislation relative to such 
substances and preparations. 
4. Explosion 
(a) Toys must not be explosive or contain elements or parts likely to explode (e.g. aerosols). 
(b) Liquids and gases contained within toys shall not obtain such temperatures and pressures as to 
cause, on their escape therefrom, burns, scalds or other physical injury. 
(c) Toys may not contain as such, or in any dangerous form or level of concentration, the sub­
stances 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, or by heating; 
— when mixed with oxidizing substances; 
which contain volatile components which are flammable in air and may form flammable/ 
explosive vapour air mixtures. 
5. Electrical properties 
(a) Toys which are activated by electric power shall be supplied with electricity at a tension not 
exceeding 24 volts except when the function performed by the toy is infeasible, for practical 
reasons, within that limit of tension. 
(b) Parts of toys which are connected to, or susceptible of being in contact with, a source of 
electricity capable of causing electric shock, together with the cables for other conductors 
through which electricity is conveyed to such parts, shall be so insulated and mechanically 
protected as to prevent the risk of such shock. 
(c) Toys activated by electricity shall be so designed and constructed as to ensure that the maximum 
temperatures attained in operation by their external surfaces for other accessible parts are not 
such as to cause burns when touched. 
No C 282/12 Official Journal of the European Communities ,8.11.86 
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. 
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 
CONDITIONS TO BE FULFILLED BY THE INSPECTION BODIES 
(Article 9 (2)) 
The laboratories 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 15 (4)) 
The warnings and indications set out in this Annex concern general categories of toys. 
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 of age' or 'Not suitable for children under three 
years of age' or more precise information, for example: 'For children from three to five years' together 
with a brief indication, which may also appear in the instructions for use, 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 manifestly unsuitable for children under 36 months. 
2. Slides, 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, anchorings, 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. 
8.11. 86 Official Journal of the European Communities No C 282/13 
3. Functional toys 
Functional toys or their packaging shall bear the marking: 'Warning: use 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 pointed out — normally associated with the appliance or 
products 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 
(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, in particular the risk of ingestion, 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 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 workshop 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 requires great skill, and away from public thoroughfares, 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.). 
Proposal for a Council Regulation on the abolition of exit formalities at internal Community 
frontiers — introduction of common border posts 
COM(86) 524 final 
(Submitted by the Commission to the Council on 24 October 1986) 
(86/C 282/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 235 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Having regard to the opinion of the Economic and 
Social Committee, Whereas those crossing the Community's internal 
frontiers are subject to formalities in respect of both the 
goods carried and the means of transport itself; whereas 
these formalities, accompanied in some cases by controls, 
are required both on leaving the Member State of exit 
and on entering the Member State on whose territory 
the journey is to continue; whereas these formalities and 
controls are generally of the same kind and repetitive; 
whereas this situation results in loss of time and 
considerable expense arising from immobilization; 
whereas this state of affairs is not compatible with the 
establishment of an internal market;