2007/184/EC: Commission Decision of 23 March 2007 concerning the publication of the reference of the standard EN 71-1:2005 Safety of Toys — Part 1: mechanical and physical properties regarding the technical requirements on hemispheric toys in accordance with Council Directive 88/378/EEC on the safety of toys (notified under document number C(2007) 1256) (Text with EEA relevance )
Date: 2007-03-23
Institutions: European Commission
Subjects: European standard, harmonisation of standards, product safety, technical standard, toy industry

27.3.2007

EN

Official Journal of the European Union

L 85/7

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 23 March 2007
concerning the publication of the reference of the standard EN 71-1:2005 ‘Safety of Toys — Part 1:
mechanical and physical properties’ regarding the technical requirements on hemispheric toys in
accordance with Council Directive 88/378/EEC on the safety of toys

(notified under document number C(2007) 1256)

(Text with EEA relevance)

(2007/184/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

parties when they are used as intended or in a foreseeable
way, bearing in mind the normal behaviour of children.

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
and regulations
technical
and on Information
amended by Directive 98/48/EC
as
Society
(Committee on standards and technical regulations),

standards
Services (2),

Whereas:

(1)

toys
Article 2 of Directive 88/378/EEC provides that
must be placed on the market only if
they do not
jeopardise the safety and/or health of users or third

(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 2003 Act

of Accession.

(2)

(3)

(4)

to the Article 5(1) second subparagraph of
Pursuant
Directive 88/378/EEC,
toys are presumed to comply
with the essential safety requirements referred to in
Article 3 of
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
Communities.

the Directive if

In accordance with the Article 5(1) second subparagraph
of Directive 88/378/EEC, Member States are required to
publish the reference numbers of national standards
transposing
reference
numbers of which have been published in the Official
Journal of the European Communities.

harmonised

standards,

the

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 numbers of which were
published for the first time in the Official Journal of the
European Communities of 28 July 1999 (3).

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

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Official Journal of the European Union

27.3.2007

(5)

(6)

(7)

(8)

(9)

adopted

amendment

On 16 September 2004, the European Committee for
Standardisation
the
harmonised standard EN 71-1:1998 ‘Safety of toys —
and physical properties’. The
Part 1: mechanical
references numbers of this amendment were published
for the first time in the Official Journal of the European
Union of 2 August 2005 (1).

10

to

children to be protected. As regards objects intended
for drinking, e.g. tea set cups, CEN concluded that no
incidents with these toys nor with real drinking cups
have been registered. On the basis of these investigations
CEN decided that there were no grounds to extend the
standardisation work to this particular type of toys.

On 19 September 2005, the European Committee for
Standardisation adopted the standard EN 71-1:2005
‘Safety of toys — Part 1: mechanical and physical prop-
erties’ which is a consolidated version of the harmonised
standard EN 71-1:1998 and its 11 amendments.
Amendment 10 is incorporated in the standard EN 71-
1:2005.

(11) At the request of the Commission, the Member States
experts on the safety of toys informed the Commission
of incidents caused by similar toys. The incidents are
mentioned in a report published in the magazine
‘Pediatrics’, vol. 111, No 1, January 2003. In accordance
with this report a total of 17 incidents were identified. In
all cases investigated, children were found with the semi
rigid object strongly adhering to their faces. Of the 17
incidents involved, 13 involved toys. These incidents
concerned children between the ages of 4 and 36
months.

Amendment 10 aims to address the risks of suffocation
presented by cup-shaped, bowl-shaped or one half of an
egg-shaped toys having a nearly round, oval or elliptical
opening which young children could place in front of
their face when playing, therefore forming an airtight
seal. The amendment excludes
scope toys
from its
intended for drinking, such as tea sets cups.

(12)

incident

in USA,

Furthermore, the Commission was also informed of one
non-fatal
registered on the US
Consumer Product Safety Commission on 27 October
2000. A two and a half year old child was found with
a hard plastic toy cup stuck in her mouth and nose. This
toy was included in a toy tea set.

Pursuant to Article 6(1) of Directive 88/378/EEC, the
French authorities have raised a formal objection in
respect
in
particular, the exclusion of toys intended for drinking
laid down in the standard EN 71-1:2005.

to the requirements on hemispheric toys,

The French authorities claim that the aim of the technical
requirements provided for in the harmonised standard on
hemispherical
toys is to address the suffocation risks
presented by certain toy shapes that can be placed over
a child’s nose and mouth forming an airtight seal.
Among these products are toys intended for drinking.
These are toys which children are most likely to place
over their mouths when playing and pretending to drink.
Consequently,
toys
covered by the
intended for drinking should be
the harmonised
requirements on hemispheric toys of
standard EN 71-1:2005.

the French authorities claim that

authorities

the other national

(13) On the basis of the information submitted by the French
and the
authorities,
Committee on standards and technical regulations it is
founded that toys intended for drinking may present a
risk of suffocation. Taking into account that these toys
are excluded from the scope of the above mentioned
in accordance with Article 5(2) of Directive
standard,
the
88/378/EEC, Member States
abovementioned
safety
satisfy
requirements only if they have an EC type examination
certificate issued by a notified body,

shall presume that

essential

toys

the

HAS ADOPTED THIS DECISION:

(10) According to the European Committee for Standardi-
zation (CEN)
the standardisation on hemispheric toys
was justified by incidents with infants playing with
in self-service restaurants. The work was
such toys
based on a comprehensive investigation carried out in
order to find the critical size and shapes of items to be
addressed by the standardisation in relation to the

(1) OJ C 188, 2.8.2005, p. 2.

Article 1

Cup-shaped, bowl-shaped or one half of an egg-shaped toys
having a nearly round, oval or elliptical opening which are
the
intended for drinking are excluded from the scope of
standard EN 71-1:2005. However, they may present the same
risk of suffocation that is presented by toys covered by the
standard. Therefore,
the
European Standardisation Organisation concerned to review
the standard in question.

the Commission will mandate

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Article 2

The publication in the Official Journal of the European Union of
the reference of the standard EN 71-1:2005 ‘Safety of toys —
Part 1: mechanical and physical properties’ shall be accom-
panied by the following additional notice:

transposing standard EN 71-1:2005 ‘Safety of toys — Part 1:
mechanical and physical properties’, to be published by the
Member States pursuant to Article 5(1) second subparagraph
of Directive 88/378/EEC.

‘Cup-shaped, bowl-shaped or one half of an egg-shaped toys
having a nearly round, oval or elliptical opening which are
intended for drinking, such as toy tea sets, may present a risk
for children health. These toys are not covered by the
standard, therefore, these products must have an EC type
examination certificate
conformity with the
approved model must have been certified by the affixation
of the EC marking’.

and

the

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 23 March 2007.

Article 3

A notice identical to that provided for in Article 2 of this
Decision shall accompany the reference to a national standard

For the Commission

Günter VERHEUGEN
Vice-President