2001/579/EC: Commission Decision of 30 July 2001 on the publication of the reference of standard EN 71-1: 1998 "Safety of toys — Part 1: Mechanical and physical properties", Clause 4.20(d) in accordance with Council Directive 88/378/EEC (Text with EEA relevance) (notified under document number C(2001) 1905)
Date: 2001-07-30
Institutions: European Commission
Subjects: European standard, harmonisation of standards, safety standard, standardisation, technical standard, toy industry

31.7.2001

EN

Official Journal of the European Communities

L 205/39

COMMISSION DECISION

of 30 July 2001

on the publication of the reference of standard EN 71-1: 1998 ‘Safety of toys — Part 1: Mechanical
and physical properties’, Clause 4.20(d) in accordance with Council Directive 88/378/EEC

(notified under document number C(2001) 1905)

(Text with EEA relevance)

(2001/579/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 88/378/EEC of 3 May 1988
the Member States
the laws of
on the approximation of
concerning the safety of
toys (1), as amended by Directive
93/68/EEC (2), and in particular Article 6(1) thereof,

Having regard to the opinion of the Standing Committee estab-
lished by Article 5 of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a
procedure for the provision of information in the field of
technical standards and regulations (3), as amended by Directive
98/48/EC (4),

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 2 of Directive 88/378/EEC states that toys may
be placed on the market only if they do not jeopardise
the safety and/or health of users or third parties when
they are used in a foreseeable way, bearing in mind the
normal behaviour of children.

Under Article 5 of Directive 88/378/EEC,
toys are
presumed to conform to the essential safety require-
ments referred to in Article 3 of that Directive if they are
declared to be in conformity with the harmonised stan-
dards whose references have been published in the Offi-
cial Journal of the European Communities.

Member States are required to publish the references of
harmonised
national
standards.

transposing

standards

the

Pursuant to Article 6 of Directive 88/378/EEC, Germany
and Austria sent notifications invoking a safeguard
in standard EN 71
clause concerning Clause 4.20(d)
‘Safety of toys — Part 1: Mechanical and physical prop-
erties’ — 1998 edition: they did so on the grounds that
a peak emission sound pressure level of 140 dB, meas-
ured at a distance of 50 cm from the ear, was too high
and could damage children's hearing.

The Commission, after examining the information
submitted by Germany and Austria and after receiving
the Standing Committee set up by
the opinion of
Directive 98/34/EC, decided on 20 July 1999 to exclude

(1) OJ L 187, 16.7.1988, p. 1.
(2) OJ L 220, 30.8.1993, p. 1.
(3) OJ L 204, 21.7.1998, p. 37.
(4) OJ L 217, 5.8.1998, p. 18.

(6)

(7)

(8)

from the publication in the Official Journal of the European
Communities Clause 4.20(d) of standard EN 71-1: 1998,
in respect of which it grants no presumption of
conformity with the provisions of Directive 88/378/EEC.

The Commission published a communication (5) in the
framework of Directive 88/378/EEC, listing a number of
European harmonised standards approved on 15 July
1998 by the European Committee for Standardisation
(CEN). That communication includes standard EN 71-1:
1998 concerning the safety of toys, but it excludes the
C-weighted
level
produced by a toy using percussion caps.

emission

pressure

sound

peak

The reason for the exclusion was that Clause 4.20(d) of
standard EN 71-1: 1998, could not ensure the safety of
toys when used in a foreseeable way, bearing in mind
the normal behaviour of children, as was required by
Article 2 of Directive 88/378/EEC.

Pursuant to standard EN 71-1: 1998, Clause 4.20(d), the
C-weighted peak emission sound pressure level, L
,
pc peak
produced by a toy using percussion caps may not exceed
140 dB: 140 dB at
the measurement position cor-
responds to 150-160 dB at a distance of approximately
2,5 cm. The limit-value of 140 dB remains in force
until 31 July 2001, after which date the limit-value is set
at 125 dB,

HAS ADOPTED THIS DECISION:

Article 1

The publication in the Official Journal of the European Commu-
nities of the reference to harmonised standard EN 71 ‘Safety of
toys — Part 1: Mechanical and physical properties’, as adopted
by the European Committee for Standardisation (CEN) on 15
July 1998 and as shown in the Annex, shall be accompanied
by the following information note:

‘Clause 4.20(d) of standard EN 71-1: 1998 will allow
presumption of conformity to the provisions of Directive
88/378/EEC only as from 1 August 2001. Clause 4.20(d)
states that, from that date, the C-weighted peak emission
sound pressure level, Lpc peak, produced by a toy using
percussion caps, shall not exceed 125 dB, measured as
specified in the standard.’

(5) OJ C 340, 27.11.1999, p. 69.

L 205/40

EN

Official Journal of the European Communities

31.7.2001

Where, pursuant to Article 5(1) of Directive 88/378/EEC, Member States publish the reference of a national
standard transposing harmonised standard EN 71-1: 1998, they shall accompany that publication by a note
identical to that provided for in Article 1.

Article 2

Article 3

This Decision shall apply from 1 August 2001.

This Decision is addressed to the Member States.

Article 4

Done at Brussels, 30 July 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

ANNEX

Publication of the references of European harmonised standards pursuant to Directive 88/378/EEC

European standardisation
body

Reference

Title of the harmonised standard

Year of ratification

CEN (1)

EN 71-1: 1998

Safety of toys
Part 1: Mechanical and physical pro-
perties

1998

(1) Comité européen de normalisation; www.cenorm.be.

INFORMATION NOTE:

Clause 4.20(d) of standard EN 71-1: 1998 will allow presumption of conformity to the provisions of Directive
88/378/EEC only as from 1 August 2001. Clause 4.20(d) states that, from that date, the C-weighted peak emission sound
pressure level, L
, produced by a toy using percussion caps, shall not exceed 125 dB, measured as specified in the
standard.

pc peak

Note:

— Any information concerning the availability of the standards can be obtained either from the European standardisation
organisations or from the national standardisation bodies listed in the Annex to Directive 98/34/EC of the European
Parliament and of the Council (1), amended by Directive 98/48/EC (2).

— Publication of the references in the Official Journal of the European Communities does not imply that the standards are

available in all Community languages.

(1) OJ L 204, 21.7.1998, p. 37.
(2) OJ L 217, 5.8.1998, p. 18.