Communication from the Commission concerning the application of the compliance assessment procedures provided for by Directive 88/378/EEC to toys using percussion caps (Text with EEA relevance)
Date: 1999-09-11
Institutions: European Commission
Subjects: child, noise, noise protection, product safety, safety standard, toy industry

C 259/8

EN

Official Journal of the European Communities

11.9.1999

Communication from the Commission concerning the application of the compliance assessment
procedures provided for by Directive 88/378/EEC to toys using percussion caps

(1999/C 259/05)

(Text with EEA relevance)

This communication refers to Articles 5 and 10 of Directive
88/378/EEC (toy safety)
(cid:145)the
to clarify the criteria which must be
Directive(cid:146))
applied when assessing the compliance with the Directive of
toys using percussion caps.

referred to as

(hereinafter

in order

The Commission considers that the value set in point 4.20(d)
of the harmonised standard EN 71-1:1998 (cid:145)Safety of toys (cid:151)
Part 1: Mechanical and physical properties(cid:146) (hereinafter referred
to as (cid:145)the standard(cid:146)) is inappropriate. This value applies for a
three-year period after the date of availability of the standard
for the peak sound pressure levels generated by toys using
percussion caps. This
standard should ensure protection
against hazards to the health of the users of such toys if one
refers to distances,
in relation to the sound source, that are
considered to be similar to those in which children are in the
least favourable situation. Indeed, the maximum value given
for, namely 140 decibels at a distance of 50 cm, corresponds
to a level of 150 to 160 decibels at 2,5 cm. In view of the
normal behaviour of children,
it can reasonably be foreseen
that a sound-emitting toy can be activated close to the user’s
the possibility of acute hearing
ear. One cannot rule out
damage as a result of exposure, even if
this is extremely
brief, to very high noise peaks.

in the Official

Commission Decision of 20 July 1999 therefore stipulates that
the publication,
the European
Communities, of the reference to the standard as part of the
implementation of the Directive would be accompanied by a
warning excluding point 4.20(d) in respect of the sound peak
emitted by toys using percussion caps.

Journal

of

Under Article 5 of the Directive toys declared by their manu-
facturer to be in compliance with the international standards
transposing the harmonised standards, the references to which
have been published in the Official
the European
Communities, are presumed to meet the essential requirements
set out in the Directive; conversely toys to which their manu-

Journal of

facturer does not apply said standards, or only applies these in
part, or where these standards are absent, are in compliance
after receiving a CE type examination certificate from an
approved body in accordance with the procedure referred to
in Article 10 of the Directive.

When the reference to the standard has been published in the
Official Journal of the European Communities, and up to the date
of withdrawal of the previous 1988 edition, set at 31 January
2001, manufacturers may avail themselves of the presumption
of conformity by applying either the new version of
the
standard or else the preceding version.

However, the situation as regards toys incorporating caps must
be assessed in the light of Decision of 20 July 1999 and of
Article 5 of the Directive. The Decision means that the manu-
the
facturers of
themselves of
such toys may not avail
presumption of conformity with the 1998 version of
the
standard in terms of the acoustic requirements.

They may no longer avail
themselves of a declaration of
conformity with the 1988 standard version since this does
not provide for any specifications relating to sound emissions.
This being the case, while there is no harmonised standard,
Article 5 of the Directive will require the manufacturers of toys
using percussion caps to submit their product to the EC type
examination referred to in Article 10 of the Directive.

This examination covers all aspects of toy safety. The approved
body will, at
the conditions
the very least, check, under
provided for in Article 10(3) of the Directive, that the peak
sound level values do not exceed the 140 decibel level, while
account is also to be taken of the least favourable conditions
under which the toy is used by a child. The examination of the
factors other then noise concerns the correct application of the
standard by the manufacturer when applying the harmonised
standards referred to in Article 5 of the Directive.