2007/224/EC: Commission Decision of 4 April 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 projectiles with suction cups as an impact area in accordance with Council Directive 88/378/EEC on the safety of toys (notified under document number C(2007) 1460) (Text with EEA relevance )
Date: 2007-04-04
Institutions: European Commission
Subjects: European standard, harmonisation of standards, product safety, technical standard, toy industry

L 96/18

EN

Official Journal of the European Union

11.4.2007

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

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 4 April 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 projectiles with suction
cups as an impact area in accordance with Council Directive 88/378/EEC on the safety of toys

(notified under document number C(2007) 1460)

(Text with EEA relevance)

(2007/224/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

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
and on Information
and regulations
Society Services (2), as amended by Directive 98/48/EC (3)
(Committee on standards and technical regulations),

standards

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

(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.

(3) OJ L 217, 5.8.1998, p. 18.

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
they conform to the
Article 3 of
national standards applicable to them transposing the
harmonised standards the reference numbers of which
have been published in the Official
the
European Communities.

the Directive if

Journal of

According to 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 of which were published for
the first
the European
Communities of 28 July 1999 (4).

time in the Official

Journal of

On 19 September 2005, the European Committee for
standard EN 71-1:2005
Standardisation adopted the
‘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.

(3)

(4)

(5)

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

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Official Journal of the European Union

L 96/19

(6)

(7)

(8)

(9)

Pursuant to Article 6(1) of Directive 88/378/EEC, the
Spanish authorities have raised a formal objection in
respect
to the requirements on projectiles toys with
suction cups as an impact area intended for children
above the age of three years laid down in the standard
EN 71-1:2005. The Spanish authorities claim that the
standard does not provide
enough protection for
projectiles toys intended for children above the age of
three years. According to the Spanish authorities, a child
older than three years might detach a suction cup from a
projectile using a force higher than a force of 60 N laid
down in clause 8.4.2.3 ‘test for protective components’.

(10) On the basis of

these findings,
that children above the age of

the Member States
consider
three years
should be given the same protection as children under
the age of three years. Thus, suction cups used as impact
surfaces on toy projectiles intended for children over
three years shall not become detached when submitted
at least to the relevant tests laid down in clause 5.13.b of
EN 71-1:2005, in particular to ‘torque test’ (clause 8.3)
and ‘tension test, general’ (clause 8.4.2.1).

(11)

(12)

(13)

lays

down

standard

EN 71-1:2005

The
different
requirements for toys with suction cups depending on
the age of the child. Regarding toys with suction cups
intended for children under the age of three years, the
the ‘tension test’ be performed
standard requires that
with a tensile force of 50 N (in case the largest accessible
dimension is 6 mm or less) or of 90 N (in case the
largest accessible dimension is greater
than 6 mm).
Regarding projectiles
toys with suction cups as an
impact area that are intended for children above the
age of
in clause
4.17.1(b) that resilient materials used as impact surfaces
shall not become detached when tested according to
clause 8.4.2.3 (tension test, protective components).
The tension test for protective components specified in
clause 8.4.2.3 is performed with a force of 60 N.

the standard requires

three years,

The Commission has been informed of several accidents
with projectiles toys with a suction cup as an impact
surface intended for children above the age of
three
years.
In 1997, a Swedish child of nine years old
suffocated to death after having sucked on a suction
cup tip which he accidentally inhaled. Two other fatalities
have occurred in the United Kingdom. In addition, the
fatalities
Commission has been informed of
recently,
registered in the United States. More
in
informed the
the Spanish authorities
August 2005,
Commission of a fatal accident with a four years old
child caused by a bow and arrow toy with a suction cup.

eight

the Commission considers

Consequently, on the basis of the information submitted
by the Spanish authorities, the other national authorities
and the Committee on standards and technical regu-
the standard
lations
the
EN 71-1:2005 presents
technical requirements for projectiles toys with suction
cups as an impact area intended for children above the
age of three years.

shortcomings

regarding

that

Pending the revision of the standard, in the interest of
safety and legal certainty, the publication in the Official
the
Journal of
standard EN 71-1:2005 should therefore be accompanied
by an appropriate notice.

the European Union of

the reference of

In absence of a standard that covers the abovementioned
to Article 5(2) of Directive
risks
and according
the
88/378/EEC, Member States
shall presume that
abovementioned
safety
satisfy
requirements only if they have an EC type examination
certificate issued by a notified body which conformity
with the approved model has been certified by the
affixation of the EC marking,

essential

toys

the

HAS ADOPTED THIS DECISION:

Suction cups affixed to projectile toys are intended for
securing the projectile
surface. Sticking and
to a
unsticking the projectiles imply that the suction cup is
submitted to repeated stress. Furthermore, children above
three years old often bring suction cups to their mouths
to moisture the cups before sticking them on a surface. If
the suction cup is not properly secured on the toy it is
foreseeable that it can be detached during normal and
foreseeable use. If the suction cup becomes detached and
enters entirely in the mouth, it can block the airway at
the back of
the mouth and upper throat and cause
asphyxiation.

Article 1

In case of projectile toys with suction cups intended for children
above the age of three years, the standard EN 71-1:2005 ‘Safety
toys — Part 1: mechanical and physical properties’ as
of
adopted by the European Committee for Standardisation on
safety
19 September 2005 does not
requirements referred to in the Article 3 of
the Directive
88/378/EEC, in particular under Annex II.II.1 (e), in so far as
concerns clause 4.17.1 (b).

satisfy the essential

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Official Journal of the European Union

11.4.2007

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:

the requirement

‘In case of projectiles toys with suction cups with an impact
laid down in clause 4.17.1 (b),
area,
is performed in
according to which the tension test
accordance with clause 8.4.2.3, does not cover the risk of
asphyxiation presented by these toys’.

Article 3

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

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.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 4 April 2007.

For the Commission

Günter VERHEUGEN
Vice-President