WRITTEN QUESTION No. 3377/98 by Anneli HULTHÉN EC approval of toys
Date: 1998-11-17
Institutions: European Parliament, HULTHEN
Subjects: EU Member State, EU law, EU production, European standard, application of EU law, competence of the Member States, labelling, product safety, quality label, toy industry

11.10.1999

EN

Official Journal of the European Communities

C 289/31

(c) What sanctions are imposed in such cases?

(d) What other information can the Commission provide as convincing evidence that the controls carried out

by the Member States are adequate?

(1) OJ L 187, 16.7.1988, p. 1.

(1999/C 289/042)

WRITTEN QUESTION E-3377/98

by Anneli Hulthén (PSE) to the Commission

(17 November 1998)

Subject: EC approval of toys

Studies carried out in Sweden show that many of the toys awarded EC approval do not pass the more stringent
national tests applied in Sweden. It is, therefore, reasonable to assume that many toys are allowed on to the
market which are not actually safe for children to use.

Does the Commission consider the situation to be satisfactory and can it guarantee the safety of our youngest
EU citizens?

Joint answer
to Written Questions E-3264/98 and E-3377/98
given by Mr Bangemann on behalf of the Commission

(5 January 1999)

Responsibility for the compliance of toys with the essential security requirements laid down in Community
law rests with the manufacturer or his Community-based representative, who attest such conformity by
affixing the EC mark, without any requirement for an inspection by a third party prior to marketing where
they affirm conformity with European harmonised standards (such an inspection remaining an option for the
manufacturer if he so wishes) or after inspection by an approved body where they do not apply the said
standards in full or in part.

Surveillance of the market is required by European Directive and is the responsibility of the national
authorities, who must take all requisite measures to ensure toys are not marketed unless they meet the
aforesaid essential safety requirements. If a Member State takes restrictive measures regarding EC-marked toys,
it must so inform the Commission via the safeguard clause procedure contained in Article 7 of Council
Directive 88/378/EEC (on the approximation of the laws of the Member States concerning the safety of toys).

In this light the Commission can give the following answers to the Honourable Member’s questions:

(a) and (b)

a distinction needs to be drawn between formal non-compliance (markings, warnings, etc.) and
substantial non-compliance (involving some safety deficiency); the several score cases of application of
safeguard clauses notified by the Member States annually would indicate that quality controls are being
carried out; the Commission cannot supply any data on the percentage of toys found to fail to meet
specifications as keeping records in this area is a matter of national responsibility;

(c)

the sanctions applicable where non-compliance is established are stipulated by national law;

(d)

the Commission is aware that difficulties persist regarding the implementation of rules and is currently
setting about an in-depth investigation of these with a view to dealing with this issue in the context of the
action plan for the single market. On this basis it will then make appropriate proposals.