2005/195/EC: Commission Decision of 9 March 2005 concerning the partial non-conformity of standard EN 71-1:1998 ‘Safety of Toys — Part 1: mechanical and physical properties’ with the essential safety requirements of Council Directive 88/378/EEC (notified under document number C(2005) 542) (Text with EEA relevance)
Date: 2005-03-09
Institutions: European Commission
Subjects: European standard, product safety, standardisation, toy industry

10.3.2005

EN

Official Journal of the European Union

L 63/27

COMMISSION DECISION

of 9 March 2005
concerning the partial non-conformity of standard EN 71-1:1998 ‘Safety of Toys — Part 1:
mechanical and physical properties’ with the essential safety requirements of Council Directive
88/378/EEC

(notified under document number C(2005) 542)

(Text with EEA relevance)

(2005/195/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 88/378/EEC of 3 May 1988
on the approximation of
the Member States
concerning the safety of toys (1), and in particular the second
subparagraph of Article 6(1) thereof,

the laws of

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 (2) and of rules on Infor-
mation Society services,

Whereas:

(1)

(2)

(3)

Under Directive 88/378/EEC,
toys are presumed to
comply with the essential safety requirements referred
to in Article 3 of that Directive if they conform to the
national standards applicable to them transposing the
harmonised standards, the reference numbers of which
have been published in the Official Journal of the European
Union.

Member States are required to publish the reference
numbers of national standards transposing harmonised
standards, the reference numbers of which have been
published in the Official Journal of the European Union.

The European Committee for Standardisation (CEN),
under mandate from the Commission, drew up and
adopted the harmonised standard EN 71-1:1998 ‘Safety
of toys — Part 1: mechanical and physical properties’ on
15 July 1998, the references of which were published for
the European
time in the Official
the first
Communities of 28 July 1999 (3).

Journal of

(4)

Under Clause 4.6 of that harmonised standard, toys and
components of toys made up of expanding materials

(5)

(6)

(7)

(8)

which, in accordance with the cylinder test, are graded as
small parts must not expand more than 50 % in any
dimension when tested in accordance with Clause 8.14,
that is to say, when completely submerged in a container
under certain conditions for a period of 24 hours.

The Spanish authorities claim that despite compliance
with the relevant harmonised standard, these products
can still represent a risk to children’s health if small
parts are detached and swallowed.

the

After carrying out tests on a series of toys made of
expanding materials,
Spanish authorities have
concluded that toys may continue to increase in size if
they are submerged for longer than the 24-hour period
specified in Clause 8.14. Bearing in mind that an object
may take longer than 24 hours to pass through the
gastrointestinal
the time period of 24 hours
specified for the test method may not be sufficient to
test the risk of physical injury in cases where small toys
or components of toys are swallowed.

tract,

segments

injury is particularly
Furthermore, the risk of physical
can be
serious when small portions or
the relevant
detached easily. Although Clause 4.6 of
and component
harmonised standard requires
it does not
parts of toys to undergo the cylinder test,
in the case of
take into account
certain toys which do not
into the cylinder and
have no small component parts, children can never-
theless easily bite, twist or gouge small portions out of
the material.

the possibility that,
fit

toys

established

Standing Committee

Consequently, on the basis of the information submitted
by the Spanish authorities, the other national authorities,
the European Committee for Standardisation (CEN) and
the
by Directive
98/34/EC,
it is clear that compliance with harmonised
standard EN 71-1:1998 ‘Safety of Toys — Part 1:
mechanical and physical properties’ can no longer be
presumed to entail conformity with the essential safety
requirements,
in so far as concerns Clause 4.6 of that
standard, and Clause 8.14 thereof, to the extent that it
relates to the 24-hour submergence test.

(1) OJ L 187, 16.7.1988, p. 1. Directive as amended by Directive

93/68/EEC (OJ L 220, 30.8.1993, p. 1).

(2) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003

(9)

Act of Accession.

(3) OJ C 215, 28.7.1999, p. 4.

It is therefore necessary to provide for an appropriate
notice to accompany publication of the references of
the harmonised standard EN 71-1:1998 ‘Safety of Toys
— Part 1: mechanical and physical properties’,

L 63/28

EN

Official Journal of the European Union

10.3.2005

HAS ADOPTED THIS DECISION:

Article 1

all the risks presented by toys and component parts of toys
made of expanding materials. The standard does not give a
presumption of conformity in that respect.’

In the case of toys and component parts of toys made of
expanding materials, harmonised standard EN 71-1:1998
‘Safety of Toys — Part 1: mechanical and physical properties’,
as adopted by the European Committee for Standardisation
(CEN) on 15 July 1998, does not satisfy the essential safety
requirements referred to in Article 3 of Directive 88/378/EEC,
in so far as concerns Clause 4.6 thereof and Clause 8.14, to the
extent that it relates to the 24-hour period during which a toy
is to be submerged in a container.

Article 3

A notice identical to that provided for in Article 2 of this
Decision shall accompany the reference of a national standard
transposing harmonised EN 71-1:1998 ‘Safety of Toys —
Part 1: mechanical and physical properties’, to be published by
the Member States pursuant
to Article 5(1) of Directive
88/378/EEC.

Article 2

Article 4

The publication in the Official Journal of the European Union of
the references of harmonised standard EN 71-1:1998 ‘Safety of
Toys — Part 1: mechanical and physical properties’, as adopted
by the European Committee for Standardisation (CEN) on 15
July 1998, shall be accompanied by the following additional
notice:

‘Clause 4.6 of standard EN 71-1:1998 and Clause 8.14
thereof, in so far as it relates to the 24 hour period during
which a toy must be submerged in a container, do not cover

This Decision is addressed to the Member States.

Done at Brussels, 9 March 2005.

For the Commission

Günter VERHEUGEN
Vice-President