CELEX: 51980PC0369
Language: en
Date: 1980-06-26
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING TOT SAFETY (presented by the Commission to the Council)

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COM (80) 369
Vol. 1980/0133
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(80)369 final
                                                    Brussels . 26th June 1980
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                             PROPOSAL FOR A COUNCIL DIRECTIVE
                     ON THE APPROXIMATION OF THE LAWS       OF THE
                           MEMBER STATES CONCERNING TOT SAFETY
                 (presented by the Commission to the Council )
  COM ( 80 ) 369 final
 ---pagebreak---                       PROPOSAL FOR A COUNCIL DIRECTIVE
                      ON THE APPROXIMATION OF THE LAWS
                            OF THE MEMBER STATES '
                       CONCERNING THE SAFETY OF TOYS
 EXPLANATORY MEMORANDUM                          ' .
 This proposal for a Council Directive is intended to remove the technical
 harriers to trade and protect the health and safety of the consumer in
 the toy1 sector : in aooordance with the applicable provisions of the
 Treaty , these two object ives were specifically inoluded in the
 Counoil Resolutions of 21 May 1973 and 14 April 1975 •
 This is not a mere coincidence * The problem of the movement of goods and
 that of the protection of the health and safety of the consumer are even
 more closely connected in this sector than in other seotors of the economy
 and of production . This is because the many barriers to trade in these
 goods in the Community derive exclusively from the disparities between
 the – often inadequate – laws adopted by the Member States oonoerning the
 safety of toys#                            ,
 I,   Disparities between the laws of the Member States . Reasons for these
      disparities and main features of the Community toy market
 Laws on toys do not exist in all the Member States . '      • >
 Those laws that are in force concern only the safety of toys and differ
 substantially as to scope , oontent and field of application :
 1
. Council Resolution of 28 May 19^9 drawing up a programme for the
   elimination of technical barriers to trade in industrial products which
   result from disparities between the provisions laid down by law,
   regulation or administrative action, in Member States (OJ C 76,
   17 June 1969, p. 1 ).
 2
   Council Resolution of 14 April 1 975 on a preliminary programme of the *
   European Economic Community for a oonsumer protection and information
   policy (OJ C 92 , 25 April 1975 » P * 1 )*
 ---pagebreak---                                      - 2 ~
                                                                           ί
 – they cover - to varying degrees - only certain types of toys and
    certain types of risk presented thereby ;
– the provided level of safety varies from one Member State to another
   and is often inadequate ;
– protection – where there is any – is afforded sometimes "by specific
   provisions relating exclusively to toys , and sometimes in the context
   of the general safety of goods or of certain types of goods ; in the
   latter case , the same principles and safety criteria adopted for goods
   normally intended for adults are applied to toys ;
■= the systems , whether prescribed or authorized , for ensuring that toys
   comply with existing safety requirements ( official inspections , in-house
   certif ication , penalties under administrative or criminal law ) differ
   widely , are often ineffective owing to the lack of adequate structures
   (test laboratories - etoo ) and in the end are applied preferentially to
   imported goods , with obvious detrimental effeots on the free movement
   of goods ;
– teohnioal specif icat ions axtd test methods , which are sometimes
   mandatory for certain toys * differ from one Member State to another#
During the last few years , moreover , there has been a proliferation of
new regulations on this subject in the Community a
Faced with the constraints of international trade and of aomestic
production , and often under pressure from public opinion – which is very
sensitive to the important , but partly emotional problem of child
safety – the Netherlands and Prance have adopted widely differing regu­
lations     on toys Bince 1 97 6 9 and other laws were recently adopted or
are being prepared by Italy and Belgium Maanwhile , the Agreement
of 28 May 1969 providing for standstill and for notification to the
Commission is often not appliedo
                                  1
 ---pagebreak---                                                                           s
 This proliferation of divergent legislation , together with the upsurge
  of voluntary standardization at national and Community level , can be
 attributed both to the recent very rapid expansion of the Community
 toy market , which has now assumed truly international proportions , and
 to the inherent features of this market and of the competition from
 non–member countries that Community production must contend with : the
 legislative bodies of the Member States are thus faced with new and
 urgent problems which they tackle in different ways .
The principal reasons for the present disparities between the laws of the
Member States relating to this sector are therefore as follows i
 ( a) Recent trends on the toy market
This market , which was previously marginal , seasonal and purely local ,
has undergone fundamental changes over the last 15 years owing to the
rise in the standard of living, far-reaohing changes in the child* s
family and school environment and a number of factors inherent in the
modern consumer society#
The trend has been confirmed especially over the last few years : the
number of toys increased from approximately 5       in 1955 "to ®°re
than 60 000 in 1979 * At the same time , production has increasingly
shifted from craft level to industrial and technological level , small
firms have combined to form medium-sized or large ones^ , turnover has
inoreased steadily2 and international trade has developed* This
expansion is still continuing*
  For example , there were 582 firms in France in 1965 and only 326
   in 1976 -                                                      '
*Tor example , in Franoe turnover inoreased from 355*244 million EUA
   in 1977 to 419*403 million EUA in 1978 (figures supplied by the Frenoh
   industry)*                                               1
 ---pagebreak---                                      - 4 -
The toy market is also developing qualitatively .
Besides the traditional toys - which nevertheless present variations and
amazing technical improvements – increasing numbers of highly
sophisticated toyB ar9 appealing on the markets       electrical , mechanical
and chemioal toys and functional toys ^ that imitate the objects used by
adults in their daily lives *      The year 1977 marked the breakthrough of
electronics in the toy industry , with the appearance of video games ,
remotely controlled and guided toys , etc©
Owing to their technical and technological features these toys , which
are often expensive and of which sales are increasing considerably^,
raise serious safety problems , which the legislator sometimes solves
by resorting to the legal structures and concepts that exist at
national level#
( c ) Trading positions of the Member States on the market
To varying extents , depending on their standard of living , the
Member States are large consumers of toys3 0 The Federal Republic of
Germany , Italy , the United Kingdom and France , roughly in that order ,
are primarily producers and exporters of toys4 ? whereas in the other
Member States the market is covered mainly by imports#
1
  For example , sewing machines , electric irons ? cooking ovens and sets
  of utensils®
o
  In 1977 ? for example , 2 /jO 000 video games were sold m France ? this
  figure almost doubled the following year 0
^The value of imports of toys in the Member- States in 1978 was , in
  decreasing order ox importance , as follows ( in thousand SUA ) i
  Frances 294 926 } Federal Republic of Garrmanys 280 2965
  United Kingdoms 1 69 920 5 Netherlands ? 168 ">27 ;
  Belgien/Luxembourgs    145 114 ? Italys 82 093 ; Denmark ; 57 079 ;
  Ireland ;    21 717 *
  These figures were taken from Nimexe and include only headings 97=01 -
   97«03 of the CCTp which cover only a part ™ albeit a major cn« ~ of the
  toy market « No exact data are available on the proportion of
  Member States * production intended for the domestic market 3 ->
 "^Phe value of exports frc-ro the Member States to the Corammtty and
   non-member countries in 1978 v's-s , in decreasing order of     jrtwrcs as
   follows ( in thousand EVA ) 1 Federal Republic of Germany ? 338 261 '
   Italy ? 288 892 ; United Kingdom;- 229 606 ? Frances $6 1'/ 2 1
   Netherlands ? 44 255 ? Belgium/Luxeiribcyurgi 32 1 10 ; Downark* 13 394 ?
   I re land 8 5 231 o
 ---pagebreak---  This situation is often reflected in the Member States' laws , which in
 some cases f since they do not necessarily have to take the exigencies of
production into account , contain more stringent provisions on safety
than those of exporting countries .
(d-) Regulations adopted in the sector by the main toy producing and
      exporting and/ or "importing non–member countries
The United States and Japan , the world* s main toy producing and escorting
countries (followed by the four Member States mentioned under ( o ) above ),
have since 1969 adopted complex regulations , which are still being
supplemented , laying down safety criteria for these goods . Non–member
Countries which are chiefly importers of toys , such as Canada , have
adopted similar legislation.
The great volume of toys that the Community exports to these countries
has therefore increasingly to oontend with technical barriers , while
American and Japanese toys , which for some years have been achieving a
significant penetration on the Community market^, are able to move freely
on that market •
(e ) Strong competition on the Community market from exports originating
      in new producing countries in the Far East                      ^
Exports to the Community from new producing oountries in the Far East        .
have been steadily increasing since 1977 * for example , exports to France
from Hong Kong doubled between 1977 and 1978^.
These toys^", whioh are generally less expensive owing to low labour costs
in these countries but do not always exhibit the essential safety features
are competing keenly with Community product ioni the legislators in the
Member States are consequently reaoting variously , aocording to their
country's position on the market5*            '
 1                                 *
^Community exports to non-member oountries in 1978 * 640.722 million EUA. ■
   Community imports from non-member oountries in 1978 * 798.812 million EUA
^Figure supplied by the French industry.        >
T4ainly textile toys , puppetB and dolls , olookwork toys , parlour games
p. and video games *                                       .  • . . .
5See point (c) on page 4 of this Explanatory Memorandum.                     ]
 ---pagebreak---                                      6 –
                                                                            Λ5
 lie   Consequences of the di sparities between t he laws of t he Member Stabe_s
       on the movement of floods within the Community and 'the protect ion
       of the cons umer
 At this point it is possible to determine fche consequences of tha
 disparities between the laws of the Member States , as set out in section I
 of this Explanatory Memorandum ^ on the establishment and proper
 functioning of the common market in toys 8
 It certainly cannot be 'said that the free movement of goods has been
achieved .
Technical barriers to trade are at the present time numerous and
far-reaohingo Proof of their existence is provided by the fact that
frequent complaintB are formally or informally lodged with the competent
departments of the Commission , and – perhaps even more conclusively – by
the innumerable steps taken at European         world level by the national
and European industries ^ in order to reach inter-trade agreements that
are likely to provide at least a partial solution to these problems®
These barriers to trade will also probably tendio increase as a result of
new laws recently adopted by the Member States , the effect of which on
the movement of toys within the Community obviously cannot yet be
assessedo
As regards the protection of consumers against the hazards arising from
toys s it must first of all be said that such protection is rare In­
effective and never completes
It is true that the laws of some Member States , in line with the higher
level of development of consumer rights in these countries , afford a
greater degree of protection than those of other Member States 5
nevertheless , Buch protection - which in any case cannot cover all hazards
 and all categories of toys - can be rendered effective only if the free
 movement of goods within the common market is hindered by subjecting
 ---pagebreak---                                  ~ 7' -                                 r
goods originating xn other Member States to systematic verifications of
conformity before they are placed on the market in a given Member State .
Such verifications are impossible in view of the number and variety of
toys#                                                            .
A survey of the laws of most of the Member States shows - that provisions
effectively proteoting children against the many hazards that toys are
liable to present are often completely lacking. This gap has been only
partly filled by laws which were hastily adopted recently in certain
Member States and of whioh the effectiveness as regards the protection of
children has yet to be proven .       - '
                                                  1
Statistics of accidents caused by the use of toys t together with the
experience of the everyday life of children , amply demonstrate thiB need
for protection , which has been confirmed by inquiries oonducted by other
international organizations^ and is often ignored or sacrificed to the
needs of production .     .       ,
Community consumers for their part are calling for genuine protective
measures that are valid throughout the Community and for all toys , since
it is especially in the countries and regions where individual income is
lowest that the least expensive - and often most dangerous - toys are bought .
Parents are baffled by the vast number of trade names and by the olaims -
sometimes unfounded – which for some time have been appearing on toys
marketed in certain Member States and which, mainly with a - view to
promoting sales , promise or certify a degree of safety that in some oases v
is purely illusory ; oonsumers are calling for such practices to be
banned or at least restricted within legally aoceptable limits .      -
 See the report on "Safety Requirements for Toys " published in
 September 1975 hy the CECD Committee on Consumer Policy. The statistics
 given in this report jrere supplied mainly by the United Kingdom and the
 USA .                * l
TIainly the CECD ( see the report referred to in footnote 1 ). The problem
 is also being tackled by ISO , which has set up an ad hoc working party
 under the Committee for Consumer Policy (COPOLCO ).
 ---pagebreak---                                     - 8 -
                                                                        i
 III .   Particular features and main points of the proposed system
 In order to obviate the disadvantages described in section II ,
 as regards "both the movement of goods and the protection of tha
 physical health of consumers , this proposal provides for an
 overall system for ensuring the safety of toys®
Under scrutiny , the toy sector is seen to differ structurally
from the other sectors of productions from the safety stand­
point , it poses problems that are fundamentally different in
nature and. magnitude from those raised by other industrial or
consumer goods .
In the preparation of this proposal it has therefore been
possible to draw only to a limited extent upon existing
directives relating to other sectors , and it has been necessary
to take as a basis the special features and aspects presented
by toys since these are a decisive factor as regards the rules
to be adopted .
The following are th© main features of the toy sector t
( a) toys are very widely-distributed consumer goods , and their
       distribution is bound to increase in line with the
       accelerated rise in the standard of living which the
       Community is required to promote in pursuanoe of Article 2
       of the Treaty ;
(b) the number of toys ie virtually unlimited ! tha figures1
       for the number of toys at present on the market (more than
       60 000 ) are of no more than indicative value if we consider
       the enormous diversity of these goods , which can exhibit
       widely differing technical , aesthetic and functional features 9
       With the possible exception of the food industry 110 other
       sector covers such a wide quantitative range :
  See section I , point ( a), p. 3 »
 ---pagebreak---                                    - 9 -
                               • ι
( o ) -toys are many-faceted products whose main characteristic
      is extreme mobility i any article or product used by
      adults in any walk of life may , if specially adapted in
      size , function or performance , become a toy and be sold
      as such ; the already large category of functional toys
      will undoubtedly expand in view of the increasing
      development and precocity of children in modern society ;
(d ) toys , like other products , can present hazards which are
      either due to the characteristics of their manufacture
      and composition or derive from a utilization that does
      not conform entirely to their function and operating
 v     instructions . Unlike other products , however , which
       present only the hazards inherent in the category to
      which they belong or , at most , a fairly narrow range of
      hazards , toys can present , to an extent that varies
       according to whatever category of objects "to which thsy
      may belong , all imaginable hazards : hazards deriving
       from physical and mechanical properties , flammability
       hazards , chemical hazards , health hazards , explosion
      hazards , radioactivity hazards , etc .;-
( e ) toys are designed exclusively for children, i.e. , for
       a special category of users , who by definition do not
       exercise the same degree of care which can be expected from
       adult users of other products •
      It is a universally accepted legal principle that , in the
      case of products that pose safety problems , the magnitude
      of the hazards and hence the degree of protection that
      must be afforded by the law-making body depend mainly on
      the extent to which the user is able to safeguard himself
      against such hazards ; children using toys oannot be
      expected to display the necessary care to safeguard
      themselves , or can be expected to do so only to a limited
      extent .
      The specific problems relating to the safety of toys
      therefore mainly result from the fact that thia is a
 ---pagebreak---                                 - 10 -
       sector in which the hazards are extremely varied but
       the consumers are scarcely conscious of them . This
       again la a basic feature which applies solely to toys
      and distinguishes them from all other consumer goods .
In order to take into account the features and. requirements
specific to the toy sector , it was necessary to inolurle in
the proposed system special provisions that differ somewhat
from those of other direotives on the free movement of goods
and the safety of consumers j but are essential for the
attainment of the objectives envisaged for this sector .
In particulars
1.    In view of the actual and potential extent of the toy
      market , and especially its mobility , the scope of the
      Directive had to b^ determined on the basis of a wide
      definition of toys which is nevertheless rooted in
      the objectively discernible features cf these goods .
      Excaptions hava had to be precisely defined , and catch­
      all provisions included in order to cover goods
      which are        on the borderline cf this definition
      and which , although normally intended for cdults , can
      in certain oases be marketed as toys^.
                                                              1
2«    The general levex of safety had to be legally defined
      in relation not only to the criterion of proper use in
      accordance with the function of the product but also to
      the misuses to which children can normally be expected
      to subject them . This basic principle , which differs
      Bharply from the concepts adopted in other directives ,
      is unquestionably justified by the requirements set cut
      in point ( © ) of this section.
1
gSee Article 1 of the proposal for a Directive .
^See Annex II to the proposal for a Direotive .
" See Artiole 2 of the proposal for a Directive .
 ---pagebreak---  3 * Because of the number and , more particularly , the actual and
potential diversity of the technical characteristics of toys , it was not
possible to base the proposed safety system for these products
exclusively on uniform technical standards in respeot of design and
composition#    .    ,                                     _
Prom the practical standpoint it is impossible to define exhaustively and
in advance the technical safety specifications to be applied to all toys
that present a potential hazard for the user*
Apart from the drafting difficulties involved, an excessively complex
system of standards might confine the highly diversified technique of
toy manufacture within , a. rigid framework of standardization whioh would
be diffioult to update 1 and which could prove inadequate and unnecessarily
restrictive for the industry.
For the Be reasons , the mandatory common technical safety standards f
 laid down    in Article ty- of the proposal and relating to the principal
design and composition features of most toys, oo–exist , in the system
established by the Directive , with a general safety principle • enunciated
in Article 2 and applicable to all toys .
This principle ,   which is supplemented by general safety objectives
relating to the   many different hazards associated with toys , constitutes
the legal basis   and starting-point for the technical standards and is also
of considerable   legal significance since it applies directly to toys which
are not covered by those standards .                                '
The safety system defined in the Directive is therefore essentially
all–embracing: whilst being based on mandatory common standards , which
are indispensable if the free movement of the goodB in question is to be
1
  See Annex III to the draft Directive *
 ---pagebreak---                                        - 12 -
 achieved , it also defines the means that are necessary to ensure the
 safety of children in cases where there are ae yet no precise technical
 specifications at Community level governing toys »
The indispensable common technical standards in this field will "be
gradually supplemented'' "ty a. A _ hoc directives , the drafting of which is
provided for in this proposal®
4o For the reasons indicated in point ( e ) of this section , children are
particularly vulnerable to potential hazards arising from a failure to
use toys in accordance with their specif io functions®
Although these hazards , since they relate exclusively to use , could not
be eliminated by the application to toys of technical specifications
governing desi^pi and composition , they could be avoided by indicating a
minimum age for use cr by warnings and suitable instructions for use-®
This proposal makes provisions in this respect which would apply direotly
to toys , particularly the more dangerous types - 9
These provisions make it possible , in particular , to keep within
objectively reasonable limits the general safety obligation devolving on
those responsible for the marketing of toys and , at the same time , define
the essential legal distinction between this obligation and those laid
down in civil law , whioh apply to parents , supervisors , teachers and
others responsible for children 's activities *,
1
   See Article 5 of the Directive .
   See Annex III , Section 1 of the draft Directive for the distinction
   between hazards associated with design and/or composition and hazards
   associated with use e , The former hazards are also dealt with in point 5
.. belowo                !
   See Artiole 7 and , in particular , Annex IV of the draft Directive *
 ---pagebreak---                                    - 13 -
                                                                  •        Λ
 5,  The range of potential dangers presented "by toys is extremely varied •
The proposal identifies the various hazards aooording to their type and
origin in a way which , without being legally exhaustive , is virtually
complete ! hazards arising from physioal and mechanical properties ,
hazards due to electrioal properties , ignition hazards , chemical hazards ,
explosion hazards , hazards due to the hygiene characteristics or
radioactivity of the produot »
The general safety objectives associated with each of these hazards are
also defined * they are set out in the form of technical specifications
in Annexes V and VI^ to this proposal or will , where neoessary, be set*
out in the ad hoo directives referred to in Article 5 •         -
6.   As regards official checks on the conformity of toys with the
provisions of the Directive , an inspection conducted prior to marketing,
although theoretically desirable from the safety standpoint , is not
feasible because of the large number of produot s involved and the
associated costs , which would be out of proportion to the frequently low
value of the toys#
The arrangement provided for in this proposal is therefore one of non-
systematic a posteriori verification ! the checks , whioh will be performed
on products ori the market by the competent authorities of the Member States
pursuant to national procedures ,, will be carried out , where necessary, at
sales and storage points , by way of inspection in factories , eto »
In general , the numerous directives authorizing such checks do not contain
a specifio olause in this respect : as a matter of common interpretation ,
1~       . . / .\  ^   .    ..                                       1
gSee point (d) of this seotion , page 9
 These annexes contain the common technical standards relating to the
 physical and mechanical properties (Annex V) and to -the inflammability
  (Annex VI ) of toys . they cover - with certain alternations - the
  CEN ( European Committee for Standardization ) standards EN71-1 of
  27.10.1978 and EN71-2 of 8.5.1978 .
 ---pagebreak---                                      - 14 -
harmonization clauses , whetner total or optional , which appear in these
Directives , and the standard, formula " Member States shall take all
measures necessary 0 o * o"1 are normally understood as permitting
Member Statea to perform these checks .
Checks, even if non-systematic , on the safety of toys are nevertheless
particularlj^necessary for the reasons indicated in points ( d ) and ( e ) of
this section s were there to be no checks at all , or were checks to be
performed only sporadically , the safety system set out in the Directive
would beoome a dead letter®
That is why an express provision to this effect has been included®
This provision also requires Member States to send to the Commission a
report on the results of the checks performed during the first three
years of the application of the Directive® The obvious purpose of such a
report is to ascertain whether , and if so to what extent , the safety
system proposed here has in fact made it possible to achieve the
objectives of free movement of goods and protection of the health and
safety of children .
7»   Considerable difficulties may be encountered m performing the
official checks referred to in point 6 above owing to the quantity and
variety of toys on the market ; the most serious problem in this
connection is that of costs , which will clearly be in proportion to the
number of checks required and therefore excessively high *
In order to limit the number of these cheoks and to ensure that they are
performed on the most dangerous toys , the following measures are provided fori
1
  See , for example , the wording employed m Artiole 3«1 of the draft
  Directive »
?
 oee pqge 9 «
                            !
 ---pagebreak---   (a) On the "basis of a technical report drawn up , "by one of the "bodies
 designated "by the Member States , consumer associations can notify the
 supervisory authorities of any toys available on the market which were
found to be particularly dangerous when used^.
In this way the consumers , who, clearly have considerable direct
experience in this field , are accorded an active , valuable , and indeed
necessary , role in the implementation of the system. In certain
Member States , moreover , consumer associations possess an organization
for this purpose and have direct tests conducted on various consumer
produots , particularly toys , in order to check their safety or other
essential features .
(b ) In order to comply with the safety obligations devolving upon them,
those responsible for marketing are , in practice , required to commission
a test laboratory to verify the conformity of the produot in question
where they cannot perform this verification themselves .
                         2
The Directive provides     that in such cases they can obtain a certificate
of conformity entitling them to affix to toys complying with the type
that has passed the tests , a standard EEC symbol which is recogniz *
as a presumption of conformity by the competent authorities in the
Member States .            ,
In this way the number of checks required is substantially reduced .
The abovementioned method (EEC symbol of conformity) is a very flexible
procedure which can be applied to highly diversified products of low
economic value such as toys . It incorporates , though in a greatly
simplified manner , the essential elements of the "type-approval" methods
1
2See  Article 12 of the draft Directive .      \
  See Artiole 4*3 and Annex VII of the draft Direotive .
 ---pagebreak---                                      - 16 -
 and of similar procedures laid down , in particular , in the Directives on
 measuring instruments ^ and pressure vessels^,
 ( c ) Where the persons responsible for placing toys on the market are in
 a position to check the conformity of their products directly , they can
 affirm such       conformity on their own responsibility according to a
 standard procedure laid down in the Directive^# This possibility was
 provided in view of the limited number of test laboratories in the
 Community : in no circumstances could these laboratories check the
 conformity of all toys placed on the market .
 In this case , moreover , the declaration by the person responsible for
marketing commits that person alone ; it has tone only in private
 law and does not confer any presumption of conformity as regards official
checks *
In particular , the use of this declaration for purposes of promotion and
publicity is expressly forbidden , and Member States are required to
introduce any penalties that may be necessary in this connection ; indeed ,
one of the basic principles of the Directive is that the safety of toys ,
which is a legal obligation on the person responsible for marketing them ,
must under no circumstances be commercially ezploitedo
This proposal also contains other provisions which are relatively new by
comparison with existing Directives , in particular
those       concerning the withdrawal of dangerous products from the market^
and the advertising of toys^; like the latter , these proposals are
^Council Direotive 71/3I6/EEC of 26 June 1971 (OJ No L 202 , 6-9.1971 ).
^Council    Directive 76/767/EEC of 27 July 1976 (OJ No L 262, 27-9® 1976) •
": See Article 4 . 4 of the draft Directive .
jTSee Article 13(d ) of the draft Directive .
^See    Article 10 of the draft Directive.
   See Article 13 of the draft Direotive .
 ---pagebreak---                                      - 17
                                                                          41
                           i
designed , pursuant to the principles embodied 1n the Treaty, to bring
about a common market in this important and very specialized sector of
the economy .
It was thought necessary to include detailed technical provisions in this
proposal for a Directive , on account of the specific nature of the field
and special features of the proposed system which , among others , provides
for the complete harmonization of Member States' legislations .
In view of the child 's limited ability to foresee and avoid the dangers
presented by toys , only by laying down specifications applicable at the '
time of its manufacture and , in any , case , before it is marketed , can
these dangers be eliminated .
To determine such specifications is a very delicate matter and , in addition
to the usual technical standards applied , involves a more subjective evalu­
ation as regards the standard of safety to beestabtished in each case : in
general , such an evaluation is founded on industrial , commercial or poli­
tical considerations reflecting the degree of sensitivity of the individual
Member States as regards the safety of children .
Consequently , the only solution was to submit these common technical stan­
dards to the Council for its approval by incorporating them in this Direc­
tive . ( Annexes V and VI ) or in the Directives for which provision is made
in Article 4(1 ). These standards are an essential complement to the prin­
ciples and general safety objectives set out in Article 2 and Annex III ,
and are accordingly vital to the system established by the Directive .
This solution , adopted to meet the particular requirements of the proposed
instrument , is in no way counter to the principle generally followed by
the Commission as regards the delegation of powers with respect to the
adoption of strictly technical harmonization measures . In this respect ,
Commission policy is clearly favourable to the broadest utilization of
the possibilities provided for in the fourth indent of Article .155 of the .
Treaty .                ,                         ,                          .
 ---pagebreak---                                                                        ftï
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having r^FBrd to the Treaty astabliphing the European E-oon^mio Community ,
 B:IA in particular Article 100 thereof ,
K«ving regard to the proposal from the Commission ,
Having regard to the Opinion of the European P &rliaE ,ent ,
Having regard to the Opinion of the Economic t&nd Social Committee s
Whereas several Member States have mandatory rules governing the safety
characteristics of toys , bat these rules differ in their scope and content
vihareee this situation produces major barriers and creates unequal
conditions of competition within tne Community, as well as felling to
provide Community consumers , especially children, with adequate protection
against the hazards arising from the products in question ?
Whereas these obstacles to the establishment end functioning of the
common market should b& removed, and whereas for this purpose the
marketing of and trade ixi toys should be mads subject to uniform rules ,
applicable in all Member States , ba»:eu on ths objectives regarding
protection of consumer health end. safety as set out in the flounoii
Resolution e.f 14 Aoril '1 97 5 1 1
Whereas totaj. harmonization in this area is necessary , since children 's
health and safety cannot be allowed to remain subject to different
standards of protection in the various Member States ;
Whereas in view of the size and mobility of the toy market and the
diversity of the products concerned , the scope of this Directive should be
determined on the basis of a sufficiently broad definition of " toy",
supplemented , to obviate differences of interpretation , by an illuetrative
liet of the m&in types of produots involved ?
 !0J Ko C 92 of 25 April 1975
 ---pagebreak--- Whereas products on the "borderline of this definition should "be expressly
excluded from the scope of the Directive , but whereas for some of these
the Directive 's provisions should remain applicable if they are marketed
as toys , -whilst for others of a particularly dangerous kind steps
prohibiting their marketing as toys should lie taken direotly by the
Member States :
Whereas only toys that are safe should be placed on the market ; whereas ,
therefore , those responsible for placing such produots on the market are
under a general obligation to ensure their safety ; whereas the standard
of safety of toys should be determined in relation to the criterion of the
correct use of the product in question, but with allowance also madeN for
foreseeable misuse by children , who generally do not show the same degree
of care as the average adult user ; whereas special rules should be laid
down for toys intended for very young children ;
Whereas toys may present different types of hazard, because of their
differing properties , features and functions ; whereas the most important
and oommon types of hazard should be stated, and the general safety
objectives in regard to such hazards should be set out ;
Whereas hazards inherent in the use of toys can only be avoided by means
of suitable warnings and instructions accompanying the toy ; and whereas
suoh warnings and instructions for general use or for use on particular
types of toys should be specified and made mandatory:
Whereas hazards arising from the construction or composition of toys can
only be eliminated if their construction and composition is subject to
technical safety specifications ; whereas such specifications should be
incorporated, with the relevant testing methods , in common technical
standards for toys applicable in all the Member States ;   v
 ---pagebreak---  Whereas 4 Le co;anon technics a. standards for the physical end tnecb&nio&X
 properties and f lamroability of toys can be prescribed in this Directive ?
whereas standards in reepeot of other types of hazards in toys will Tee
 ).£ id down in specific Directives on the basis of the general safety
objectives with regard to the hazards concerned }
Whereas , to ensure that the Directive is properly applied by those
responsible for placing toys on the market , it is essential that
laboratories of assxxred impartiality be available in the Member States to
verify on request the conformity of toys to the common technical standards
and to issue certificates of conformity ; whereas.- to facilitate inspections
by the Member States' authorities , parties obtaining such a certificate
 should be entitled to affix to toys complying with       the tasted samples the
EEC symbol of conformity described in the Directive and recognized as
evidence of conformity by she abovementioned authorities :
Whereas / in view of the shortage of test laboratories m ruosfc Member Statee ,
it would be desirable tc allow those concerned who ara abls to verify the
conformity of toys to the common standards directly to declare that
oonformiiy on their own renponsibility according to a standard procedure
laid down in the Direct ! 'a , without such a statement carrying any legal
implications in regard to the official inspections and provided it is not
used for promotional or publicity purposes $
Wher'eas, to avoid freezing the ever–changing technology" in the toy industry
at the stage represented by the common technical staudar&s , manufact mere
(should be allowed to make toys to technical specifications other than those
required by the standards , provided that such specifications accord with
 the general objectives set out in the Directive and that the manufacturer
establishes the safety of his technical innovations by obtaining a report
on the toy concerned from a recognized laboratory ?             -               v
 ---pagebreak---                                     - 4 -                                  Μ
Whereas the provisions of general law governing the responsibility of
parents , supervisors and teachers are an essential complement to the
 safety measures provided for in the Directive , and whereas this law
imposes the obligation , as regards the choice of toys and the supervision
of children at play, in particular to observe the minimum age limits
specified for certain toys and make sure that any necessary safety
precautions recommended in the instructions are taken ;
Whereas it would be of value – and may even be a necessity - for the
operation of the system of toy safety set up by the Directive that -
checks should be oarried out , not necessarily on a systematic basis , by
the Member States * authorities on the safety of toys on their markets ;
whereas in view of the inevitable difficulties such cheoks will face
beoause of the vast numbers of toys on sale , consumer associations should
be enabled to play an active part by drawing the authorities' attention to
toys needing checking, on the basis of a technical report prepared by one
of the recognized laboratories ;
Whereas cases might arise Where a toy, although meeting the requirements of
the provisions of Articles 4 "to 7 of this Directive , in particular the
common technical standards , nevertheless presents a hazard to the health
and- safety of users ; whereas , therefore / a safeguard clause establishing
 a suitable procedure should be laid down for dealing with such cases ;
Whereas , in line with the principles set out 'in the Counoil Resolution
of 14 April 1975 » any "toys found to be dangerous should be withdrawn from
the market without delay ; whereas , whenever a Member State orders such a
withdrawal , the other Member States and the Commission should be informed
so that it is effective throughout the Community ;
Whereas , in the conditions in which children grow up today , toy
advertising, especially on television , is a powerful instrument of
persuasion and encouragement to consumption of this product ; whereas this
instrument also affeots the people , parents , teachers , etc ., forming the
family environment of children ; whereas it is therefore vital , if toy
safety is to be ensured , that advertising be subject , without prejudice to
 ---pagebreak---                                                                         LL
national legislation on misleading advertising, to basic provisions aimed
at protecting consumers against misleading information about the safety
characteristics ana performance of toys and ensuring that they are informed
of the safety precautions and minimum age limits relating to the use of
certain toys ; whereas steps should be taken to guard against the
exploitation of toy eafaty for sales promotion purposes 5
Whereas the technical requirements set out in the Directives on toy safety
will need to be adapted promptly to take account of advances in technology ;
whereas , to enable the necessary steps to ba taken to this effeotj a
procedure should be set up providing for close cooperation "between the
Member States a^id the Commission through a Committee for the
Directives on Toy Safety ? whereas this procedure should also be applied
 in determining the sampling methods and the test methods relating to the
common safety standards to be established by the Council Directives pro­
vided for in the third subparagraph of Article 4(1 );
HAS ADOPTED THE FOLLOWING DIRECTIVE •
 ---pagebreak---                                            - 6 -
                                                                                   13
                                      Art Iole 1
                              Scope and definitions
1 . A ,|toy"means any product manifestly intended for the use in play by
                                     m
      children of not more than fourteen years of age , including writing,
      drawing and colouring materials       and ; handicraft equipment      marketed
      as instruments of play for suoh ohildren.
      In particular , the products listed as examples in Annex I shall be
      regarded as toys .                          ,                   *
      Products listed in Annex II shall not be regarded as toys .
2 . 'Jhinctional toys"means any article which fulfils the same function as cer
     tain - products , appliances or installations which are intended for
      adults and which often are scale models thereof .
                  '        '       -     •                        '     '        .
  ; 'fchinctional parts of a toy"means any parts which could not be modified ,
      or eliminated without changing the specific function of the toy or
      modifying its basio features .
3 * The terms " manufacturer " and " seller " mean "        i             .         ..
      respectively     a  manufacturer or seller established in the
      Community .                             .                     i
    "Import ex1' means only an importer , established in the Community , of
    'toys from non-member countries .                         <
 ---pagebreak---                                   - 7 -
                                Article 2
                       General principle of safety
                        and     related provisions
 Taking into account the use for which they are normally
 intended and the reasonably foreseeable misuse children can make
 of •them , toys shall not endanger the safety or health of children,
 whether users or others , or any other person .
                Special provisions and more stringents requirements shall
 apply to toys which , on account of their function , dimensions and
 characteristics , are likely to be given to children of less than 36
months . Examples of toys intended for such children appear, in
 particular, in points 1 to 11 of Annex I.
Minimum age limits for the use of certain toys shall "be indicated by
the manufacturer , importer or vendor in cases covered by the provisions
of this Directive ; in other cases the manufacturer , importer or vendor
may indicate such limits in the light of the dangers involved and the
presumed mental and physical ability of a child to cope with them .
The general safety objectives concerning the provisions in the preceding
paragraphs are listed in Annex III .
      Toys shall exhibit the technical safety characteristics and bear
the particulars and warnings provided for in this Directive , in the
condition in which they are marketed . The safety characteristics must
be maintained over a period of time , in accordance with paragraph 1
and having regard to the normal rate of wear of each type of toy .
 ---pagebreak---  Where a toy has to "be assembled , the finished toy as well as each one
 of its elements' shall present the technical safety characteristics
 provided for in this Directive ; if it is specifically stated
 that the toy must be assembled by an adult / only, the finished toy
 need present these 'characteristics .
                             Article 3
TOTAL HARMONISATION CLAUSE
Member States shall take . all necessary steps to ensure that toys . cannot
be placed on the market unless they comply with the provisions of this ;
Directive and 'of the      Directives provided for in Article                |
FREE CIRCULATION CLAUSE ;                                           \        i
                   • /   1             i   , •. ■        •'                  ;
Member States may not , for reasons related to safety, refuse , prohibit ,
restriot or hinder the placing on the market and free circulation
within the Community of toys which comply, under the conditions provfcTeiJ
for in Articles 4 to 7 »> with the provisions of Article 2 *
                             Article 4              \
                       Common Technical Standards
                                                  •         '          •   /
Toys , in order to comply witfi the requirements of Article 2 , must be
manufactured according to the common technioal standards concerning:
a) risks arising from the "physical and mechanical properties ", and
     the "flammability" of toys ,
b) risks arising from the "chemical anil toxicological properties " as
    well as from the "eleotrical properties" of toys ,
c ) risks , in particular those referred to in Annex III , other than those
     referred to under a ) and b ) above .
The common technical standards covering the risks mentioned in a) as
            /
well as the related testing methods are laid down in Annex V and VI
of this Directive .
 ---pagebreak---                                        - 9 -
                                                                              u
      Council directives will establish the common technical standards con­
      cerning :
      - the risks referred to under b ) and c );
      - those toys not covered by Annex V and VI which present specific risks ,
        such as aquatic toys and children 's craft .
     The general safety objectives set out in Annex III shall apply to safety
     aspects which are not covered by the above mentioned standards .
2 . Toys must furthermore bear the information and warnings prescribed by
     Article 6 and 7 of this Directive .
3 . Member States shall take all necessary steps to enable any manufacturer ,
     importer or vendor who wishes to verify the conformity of the toy with
    the standards referred to in paragraph 1 to have the appropriate tests
    carried out by one or more of the laboratories designated in accordance
    with the terms of Article 18 and to obtain a certificate of conformity
    with these standards .
    The manufacturer , importer or vendor who has obtained such a certificate
    may affix the EEC symbol of conformity referred to in Annex VII only to
    toys identical with the tested sample .
    Without prejudice to other methods of proof , the appearance on toys of
    the symbol referred to in the previous subparagraph shall be accented
    by the competent authorities as a p resumption of c onf ormit y t o the commoii
    technical standards .
4 . Without prejudice to the provisions of Article 13(d ), the manufacturer ,
     importer or vendor may also , on , his own responsibility, affix the
     following statement to the toys : " DECLARED BY THE MANUFACTURER , IMPORTER
     AND / or VENDOR TO CONFORM TO THE MANDATORY COMMON STANDARDS ", to be
     followed by a reference," usi ng the initials set out_in Annex Vll ,
    to the standards specified in paragraph 1 with
 ---pagebreak---                                      ,     - 10 -                                          ι*.
     which the toy Is declared to conform . The detai Is / speci f i ed in Arti -;
    cle 6(1 > < a ) must also be given .
    The Member States shall specify the penalties to be applied in the case
    of false declarations .
5 . Any type of distinctive safety . sign ( marks , declarations , certificates ,
    etc .) shall be prohibited ! Conformity symbols or declarations other
    than those referred to in paragraphs 3 and 4 shall not be permitted .
                                       Article 5
                       „ Toys with technical specifications
      other than those provided for in the common technical standards
1 . Toys _ma_y;also be manufactured according to new technologies                 entirely
    or partially entailing technical safety specifications other than those
    provided for in the common technical standards referred to in
    Article 4(1 ), provided that these specifications meet the general safety
    objectives set out in Annex III .
    For this purpose , the manufacturer , importer or vendor shall have the
    toy examined by a laboratory designated in accordance with Article 18 ,
    and shall obtain a technical report certifying that the toy complies
    with the conditions referred to in the previous subparagraph . The words
    "Report n° ..... of laboratory                  together with the name of the
    laboratory which has prepared the report , must appear on the toy or its
    packaging ; it may , where appropriate , be combined with the EEC symbol
    of conformity or the declaration provided , for in Article 4(3 ) and (4 ).
                    N-      '                     '  -/       -•      /    - --              • "
    When the checks provided for in Article 8 are carried out , the report
    shall be presented , upon request , to the competent .authorities in the1 '
    Member States .           *
                                         1    v
                                                '       -              '
                                - \'   -    '         *           - •    •  '   '       "   \
2 . The toys referred to in paragraph 1 must also bear the information and
    warnings prescribed by Articles 6 and 7 .
                                                                                          /
 ---pagebreak---                                     - 11 -
  The cases to which this Article       applies shall be notified to the
  Commission for the possible application of the procedure referred to
  in Article 17 .
                                 Article 6
                       Particulars to be gi ven on the toy
                             or its packaging
 The following particulars shall be given on each toy or its packaging :
 a ) the name and / or trade name and / or mark asf well as the address of the
      manufacturer or the importer and / or vendor .
   . These particulars may be abbreviated insofar as the abbreviation
      makes it possible , in a general and evident manner , to identify the
      company .
b ) the minimum age for use of the toys in cases covered by Annex IV , 6b'
     and 9b or in cases where the option provided for in the third sub­
     paragraph of Article 2(1 ) is exercised ;
c ) the indications and warnings prescribed by Article 7 and Annex IV
      and by the Directives referred to in Article 4(1 );
d ) where appropriate , the EEC symbol of conformity or the manufacturer 's
      declaration provided for in Article 4(3) and (4 ) and / or the number
      of the technical report referred to in Article 5(1 ).
                         i
 The particulars specified in paragraph 1 shall be given , in such a way
 as to draw the attention of users and buyers , as follows :
 - in the case of those referred^ to__in a ) ,. b)_ar)d d ) ,. on t h eJoy o r i t s
    '-packaging;                            *       -  ~~
 -^in the case of those referred to in c ), on the toy , the packaging or
 ^–the instruct ! ons for_ use , in^accordance , in particular., with . Annex.-.IV
      and with the Directives referred to in Article 4(1 ).
 ---pagebreak---                                       - 12 -
     The lettering shall be at least 3 mm in height / easily legible and
     indelible , and shall contrast with the background of the toy or the
     packaging . .
3 . The particulars specified in paragraph 1 b ) and c ) shall also be given
     in summary form in all catalogues / folders and prospectuses . Samples
  ' and packaging of toys displayed to the public in shops , windows / etc .
    or used when offering the goods for sale shall give , as regards points b )
    and c ) of paragraph 1 / the same particulars as those which must be
    affixed to the toys offered for sale to the consumer .
    Furthermore / any particulars / information / names or marks other than
    those provided for in this Directive / and any pictorial matter or other
    symbols appearing on toys and their packaging or in the catalogues /
    folders / etc . referred to in the previous subparagraph may not be such
    as to giv e ris e to conf usion with the infor matio n required under pa ragraph 1 .
4 . Subject to the provisions of Articles 30 - 37 of the Treaty , Member
    States may require that the particulars provided for in paragraph 1(b )/
    < c ) and (d ) shall also be given in their own national language'oF languages .
                                   Article 7
               Warnings and details of precautions to be taken
    Any toys likely to present dangers inherent in their use or which
    require special precautions must display a notice drawing attention to
    these dangers and stating the precautions to be taken in respect of use
    and whether supervision is necessary .                         \
    Annex IV prescribes the warnings and particulars to be given in respect "
    of certain toys and categories of toys .
 ---pagebreak---                                   Article 8
                             Officiai inspection
                                                      i
1 . The Member States shall ensure that products on the market are inspected
     to ascertain their conformity with the provisions tjf this Directive ,, and
     in particular with the cbmmon technical standards . The teSts necessary
     to this    end  shall be carried out on the basis of the methods speci­
     fied in this Directive as well as in the Directives provided for in
     Article 4(1 ) by the laboratories designated in accordance with Article 18 .
2 . In order to assess the safety of toys bearing the particulars specified
     in Article 5(1 ), the relevant authorities in the Member States may
     demand the technical report referred to in Article 5 .
   \
3 . With a view to the possible application of the procedure referred to
     in Article 17 , each Member State shall,    three years after th£ date
     provided for in the second sub-paragraph of Article 20(1 ),     forward to
     the other Member States and the . Commission a report on the findings' of
     the checks referred to in paragraph 1 .
                                  Article 9
                              Safeguard clause .
1 . Where a Member State has good grounds fo r c onsidering that one or morfe toys ,
     although complying with the provisions of Articles 4 to 7 , in particular
     the common technical standards referred to in Article 4(1 ), represent         '
     a hazard -to safety or health and therefore are not consistent with the
     generat safety principle set out in Article 2 , t _it may _
     temporarily prohibit the marketing of these products in its territory
     or attach special conditions thereto . It shall immediately inform the
     other Member States and the Commission, stating in deta il     t he grounds for its
     decision .          '
 ---pagebreak---  The Commission shall , within six weeks , consult the Member States con­
 cerned , following which it shall deliver its opinion without delay and *
take the appropriate steps .
If the Commission is . of the opinion that technical amendments to this
Directive are necessary, such amendments shall be adopted by either the
Commission or the' Council in accordance with the procedure laid down in
Article 17 . In that event , the Member State which has adopted safeguard '
measures may maintain them until entry into force of the amendments .
                  -             •               /                  •
                            *     Article 10
           Withdrawal of dangerous products from the market
Without prejudice to Community provisions on the withdrawal of products
and , where no such provisions exist , to national legislation , the Member
States shall take all necessary steps to ensure that their competent
authorities promptly withdraw , or have withdrawn , from the market any
toys which do not comply with the general safety principle enunciated in
Article 2 and are therefore shown to be dangerous to the health and
safety of consumers .
They shall inform the Commission and the other Member States of any
market withdrawal measures as referred to in the previous paragraph .
                                  Article 11
               Protecting the rights of toy manufacturers ,
                        j importers and vendors
Precise grounds shall be given for any individual measure taken
under          this Directive , in particular 'Articles 5 , 8 , 9 and 10,
placing a restriction or ban on the introduction on the market or con­
tinued sale of toys or imposing any~civil , administrative or other
penalty .    The parties concerned shall be notified of such measures
together with details of their right of appeal and the time limit for
the exercise of such rights .
 ---pagebreak---                                     - 15 -
                                 Article 12
                Consumer associations' right of initiative
  Member_ States shall take ^e necessary_ steps to enti t le consumer associations ,
   upon submi ssion of detai led grounds a nd with a v iew to the implementation
  of this Directive and~of the" Directives referred to~ in Article" 4(1 ), to ~
   request the competent authorities of the Member Stat es to ver ify the
  safety7 of certain toys on the market .     -              '     7
 To this end, the associations may submit a technical report prepared by
 one of the bodies designated in accordance with the procedure described
 in Article 18 .
                                Article 13
                               Advertising
Without prejudice to the Community Directives , and where no such .
Directives exist , to national legislation on misleading advertising ,
the Member States shall ensure that advertising of toys conforms to
the following provisions :
a ) only toys conforming to the requirements of Article 2 may be adver­
     tised ;
b ) advertisements must not mislead consumers concerning the capabilities
     needed to use the toy without danger antj, Jiaving_ regardUo The'TnexperTence '
     of children , must not give misleading information about the safety
     characteristics and performance of the toy ;
c ) with regard to toys likely to present risks inherent in their use ,
     the advertising must draw attention#     if necessary by referring to
     the operating instructions /   to the precautions to be observed by
     the user , and state whether supervision of the child while playing
     is necessary .
       4
 ---pagebreak---                                         " 16 ~                                  ^
          With respect to the toys referred to in Annex IV, 6(b ) and 9(b ), and
          in cases where the option provided for in the third subparagraph of
          Article 2(1 ) is applicable , ex press reference sha ll be ma de to the _mijnijnum
          age for use ;
      d ) all advertising or promotion of toys based on their safety '
          or on the EEC symbol or the declaration provided for in Article 4 (3 )
          and ( 4 )  shall be prohibited .
                                    Article 14
                                     Redr'ess  .
1 . Member States shall ensure that appropriate , effective , ..rapi d and in-       T
      expensive means of redress shall be available , in the framework of
      national procedures , to any persons having suffered injury by using
      toys covered by this Directive .                          '
2 . In accordance with the legislation in force , Member States shall gua­
      rantee jthose^ jconcerned an appropriate right of appealagainstflneasures^
  '.j as refe rred to in Article 11 .        .              ;. . ' J
                                           s
                                    Article 15
                  Committee Tor the D irec tives on Toy Safety ; poyers
1 . The amendments necessary for adapting to technical progress Annexes V
      and VI to this Directive and the Directives provided for in Article 4(1 )
      shall be adopted in accordance with the procedure set out in Article 17 .
2 . The sampling methods , the methods for testing the common technical
      standards referred to in the third subparagraph of Article 4(1 ) and the          ;
      amendments necessary 'for adapting these methods to technical progress
      shall         be determined in accordance with the procedure set out in
      Article 17 .
 ---pagebreak---                                      - 17-
                                 Artiole 16
         Committee for the Directives on Toy Safety :   establishment ■
1. A " Committee for the Directives on Toy Safety ", hereinafter called
   " the Committee ",  is hereby set up .  It shall consist of representatives
   of the Member States with a representative of the Commission as
   Chairman .
2. The Committee shall adopt its own rules of procedure o
                                 Article 17
        Committee for the Directives on Toy Safejty :   procedure
1. Where the procedure laid down in this Article is to be followed ,
   matters shall be referred to the Committee by the Chairman, either on
   his own initiative or at the request of the representative of a
   Member State .
2. The representative of the Commission shall submit to the Committee a
   draft of the measures to be adopted .    The Committee shall deliver its
   opinion on the draft within a time limit set by the Chairman
   depending on the urgency of the matter . Opinions shall be adopted by
   a majority of 41 votes , the votes of Member States being weighted as
   provided for in Article 148(2 ) of the Treaty. The Chairman shall not
   vote .
3. a ) The Commission shall adopt the proposed measures when they are in
        accordance with the opinion of the Committee .
                                                                      ./•
 ---pagebreak--- b ) Where the proposed measures are not in accordance with the opinion
    t)f the Committee , or if no opinion is delivered , the Commission shall
    without delay propose to the Council the measures to be adopted .
    The Council shall act by a qualified majority .
c ) If , within three months of the proposal being submitted to it , the
    Council has not acted , the proposed measures shall be adopted by the
    Commission .
                               Article 18
                           I        .
           Designation and notification of technical bodies
                        !                                           -
                    provided for in the Directive
Each Member State shall designate the laboratories authorized to carry
out the tests of conformity provided for in Articles 4(3 ) and 8 and
draw up the technical reports provided for in Articles 5(2 ) and 12 , and
notify the other Member States and the Commission accordingly .
The laboratories referred to in paragraph 1 must fulfil the minimum
conditions set out in Annex VIII .
The list of laboratories designated by each Member State shall be given ^
adequate publicity at national level\.            i t shall" also be published, ioFj
information, in the Official Journal of the European^ Communities .
Each Member State shall inform the other-Member States and the • Commission
without delay of any change concerning-the laboratories referred to in
paragraph 1 . All such changes shall be pubTTci z ed Tn ac corcJaTi c e wTYh
                                  1       " ' """       1-1 * * 1 '   ■ i * -fa.-.. ■ - ■ ■; ; ■' • i •
 paragraph 3 .                        , /            ,,
 ---pagebreak---                                       - 19 -
                                    ι
                                   Article 19
                       Information relating to accidents
                                caused by toys
     Subject to the application of the Community system for the rapid exchange
     of information on dangers arising from the use of consumer products and ,
     in particular , with a view to the application of the procedure set out
     in Article 17 , the Member States shall , at least every three years ,
   . communicate to the Commission any information relating to accidents in
     which toys were involved .                                             _
                                   Article 20
                                 Implementation
1 . The Member States shall adopt and publish the provisions necessary to
     comply with this Directive and shall forthwith inform the Commission
     thereof .
     They shall apply these provisions from 1 January 1983 .
2i As soon as this Directive has been notified , Member States shall also
     ensure that the Commission is informed , in sufficient time for it to
     submit its comments , of any draft laws , regulations or administrative
     provisions which they intend to adopt in the field covered by this
     Directive .
                                   Article 21
     This Directive is addressed to the Member States .
 ---pagebreak---                                        ANNEX I
I
               ILLUSTRATIVE LIST OP PRODUCTS TO BE REGARDED AS TOYS *
                                  -
                             (Article 1.1 . 2nd indent )
   1 . Toys for babies and very young children ( rattles , dummies etc.);
   2 . Crib toys ( counting frames , mobiles , exercise bars , etc for cribs ,
       baby walkers , playpens , prams and children* s beds );
   3. Games and toys to be assembled and/or for sense-training (blocks ,
       oubes , rings , etc . to be staoked , assembled or fitted in, games with
       colours and figures , eto .);
   4.  Rocking animals and other rocking articles ;
                                                         ι      ,        -      ,■ ■ ι
   5. Bathtub toys ( floating articles made of rubber or plastic , etc.);
   6. Sand games and toys ( shovels , buckets , barrows , etc .);
   7 » Pull and roll toys ( rollers , carts , various vehicles to be pulled,
       etc. );
   8 . Soft toys , stuffed, ,inade of plush, textiles , etc .;
   9* Dolls and Bimilar toys, also for very young children, and accessories |
       ( clothing, furniture , cribs , houses , etc.);
  10» Miniatures ( simple articles , cars , motorbikes , garages , etc. );               1
  11 . Musioal toys ;
  12 . Construction toys ;
  13 * Parlour games , games calling for patience and thought , for children
       ( cases containing games , oards and accessories , puzzles with .                j
       patterns and consisting of no' more than 500 pieoes , eto.);
                                         !     ■                                       '
                                                                                        !
  14» Building kits ;                                                                   i
  15 . Toy weapons without projectiles ;                                            • j
  16. Games and toys with projeotiles (bows, rifles, eto.) and toy                     j
       projectiles ( darts for children, spears , boomerangs , eto .);                |
  17 * Mechanical and electrioal toys (trains , oar racing tracks ,                   1
       teleguided or radio-controlled oars and other artioles , etc.);                 j
                                                                                       1
  18* Outdoor games (balls , balloons for children, hoops , pins , swings ,           j
       slides, etc. ); •                    .;                                        \
  19* Plying toys (kites, etc. );            '                                        j
  20. Toy sports equipment ; '                                                        !
                                           . ι·;·          / · ν ·"·;     . ·/·
 ---pagebreak---                                       _ 2 -
 21o  Toys , in particular wheeled ones , intended, to bear the weight of a
      child and to be propelled by the child ( tricycles with or without
      pedals , scooters , cars with pedals , children's bicycles );
22 . Sports toys requiring balance and skill ( roller-skat es , stilts ,
      skat e-boards , etc .);
23 . Optical and acoustical toys ( microscopes and accessories , children 's
     viewfinders , kaleidoscopes , walkie-talkies , etc .);
24 . Steam engines ;
25 . Imitation protective gear ( glasses , helmets , etCc );
26 . Panoplies ( boxes , cases and sets for sewing, medicine , etc .);
27 . Graphic games and toys ( boxes of crayons , chalk, water colours ,
     various paints for children, pencils , etc .);
28o  Aquatic toys , within the meaning of the definition provided for in
     Annex IV . 10 , and toy crafts for children ;
29 » Functional toys within the meaning of Article lo 2 ( sewing machines ,
     various tool boxes , etc .);
30 . Chemical games and toys , in particular those mentioned in Annex IV.9b ).
 ---pagebreak---          ;                . ....           .            AHNËX II
           PRODUCTS WHICH. ARE NOT CONSIDERED AS TOYS "FOR THE PURPOSE OP THIS DIRECTIVE
       j                                      ( Article 1.1 . 3rd indent )
              1.     Christmas decorations                   •
              2 . Slings and catapults'
      i 3 » Fireworks
     j 4» Combustion engines for toys                                                   V     . \
    ! 5. Scaled-down models intended for adult collectors and manufactured                         !
    1              -                                   .. •                                        !
    ;■              according to scale in détail                 !                                 !
   | 6. Equipment intended to be used colleotively in playgrounds
           7 » Sports equipment intended to "be used for training purposes
           8.9 * Aquatic
                   Compressed-air        weapons                j
                                  equipment intended to be used in deep water and flippers
                                                                                                   j
  I
  I
                   used for swimming                            j    ~                             !
  ' 10 .           Folklore and decorative dolls said other similar articles for collectors
  111. Practioal jokes                                          '*                                  j
      12. Party novelties                                       ! '                                 j
  : 13 * Professional toys installed in public places ( shopping centres ,
 ;                 stations , eto )                             *                                 j
 • 14. Puzzles with more than 500 pieces or without pattern, intended for                          !
 I                                                                     ..                         j
 I                 specialists
 i                               .                      ■■ ' !     ■      ■■■■ ''            ' 1
     15 * Video toys connected to television sets                                                 j
                                                                                                  I
     16 .          Electric or electronic musical instruments for children                       >
                                                            • !
     17 » Electric toys , particularly functional ones , mains-operated and                      j
j
»
                 . functioning at more than 24v
                                      .                  •
                                                               I -              -
                                                                                  .   .          !
                                                                                               " I
i •'                         .       . •:            "      v                             • • !
    N.B.J - The articles referred to in points 1,2,7 and 12 are excluded from 1
                       the scope of the Directive , unless they are offered for sale as
                       toys or advertised as such : in that case , the provisions of the
                       directive are to be applied. ^
                     - Member States take all necessary steps to ensure that the articles
                       referred to in points 3,8 and 11 are not marketed as toys .
                     – The articles referred to in point 17 are temporarily excluded from ,
                       the scope of the direotive , subject to the directive concerning the
                       electrical properties of toys , the preparation of which is
    – – - proviced for in Artiole 4» ... J -                                 -.     ––r
 ---pagebreak---                                 ANNm 151
                     GENERAL TOY SAFETY OBJECTIVES
                             ( Article 2.1 )
THE=USE
In accordance with Article 2 , the health and safety of the child shall
be protected
a) against hazards due to the toy's manufacture and/or composition; the
    elimination of the hazards is reached by applying to the toy the
    technical safety specifications which are laid down in technioal
    standards ( Article 4 );
b ) against hazards which are inherent to the use of the toy and cannot
    be eliminated by modifying the toy 's manufacture and composition
    without altering its function or depriving it of its essential
    properties : such hazards are avoided or reduced through warnings and
    instructions for use and t in some oases ? through an indication of
    the minimum age for use ( Artiole 7)®
P?4B?S_OP=A=DI^R^_batu5E
The hazards referred to in point      I a ) and b ) take on - on the basis of
the various properties which characterise the toys - different aspects
which can be presented jointly and in a variable way by these products ?
in such cases f it is necessary to examine the conformity with Article 2
and to ensure it with regard to all safety aspects of the toy under
consideration ..
These risks of a different nature are mentioned in particular , along
with the relevant general safety objectives in point 2..1 to 2° 6 .
The common technical standards in relation with these objectives are
included in Annex V and VI , or will be established through the
directives provided for in Artiole 4 , paragraph 1 .
 ---pagebreak---                       /
2*1 Phyeieal and meehanloal propartida
    In this connection, it is in particular necessary to eliminate or
    avoid
                                               . _                             »
    - the risks – covered "by the common technical standards provided for ;
      in Annex V - of injuries , falls , burns , suffocation, etc . and of j
                                                            »
      impairing the child * s physical health in any way as a consequence      j
                                                                           •   i
      of the toys * physioal and mechanioal characteristics ;                  !
    - risks of drowning which can be caused "by aquatic toys , children 's      i
      crafts and other articles of this type , as well as those which           j
      involve the child 's sight or hearing and can be oaused by certain
    ' toys * it will be possible to prepare technical standards especially';
                                       ;          -       .                      »
      for these toys , in accordance with Article 4 » paragraph 1 .
                                   -•  J
                          '            1
2.2 Flammability                       !                               , / j
                                -•     i .   _      -■              ,
    Toys may not constitute a dangerous flammable element in the child 's
    environment . -                                                              |
                ..               ,       . .            ,                    -   .
    Therefore , they must be           !                                         I
    - either non-flammables they should not burn if directly exposed to j
      a flame ;                                           x                     i
    - or made of materials which are not readily flammable or have             j
      technical specifications which make them virtually so ( self-
      extinguishing): the flame goes out as soon as the heat source is
      removed ;                       >                                 '"
    - or made of materials which, if they do ignite , burn slowly and
      present a low rate of spread of the flame, or which are treated -
      subject to the general safety objectives and the oommon technical
      standards relating to the toy's chemical composition - in suoh a
      way as to delay the combustion process .          " .
    The toys' ignition hazards are subjected to the teohnical speoifi-         j
    cations and warnings ! provided for in Annetf VI .        "                i
 ---pagebreak---                                     - 3 -
 2.3 Chemical properties
      Toys must be designed and produced in such a way as to avoid risks
      which may derive from the chemical properties
      of the materials , substances and preparations of which they are
     made .
     This concerns in particular risks of acute and chronic poisoning, of
     corrosive or irritant action and carcinogenic risks which can arise
     as a oonsequenoe of ingestion, inhalation or contact with the skin ,
     the mucous membranes and the eyes of toxic , harmful , corrosive or
     mutagenic elements or oomponants which may be present in the xoy.
     Therefore , the general safety objectives below must be pursued .
     A. Toys which include in their composition substances and prepara/-
         tions whioh are regarded as dangerous within the meaning of
          directive 67/548/EEC ( l ) of 29 June 1967 may not release toxic
          elements through ingestion or contact in a quantity likely to
          present a danger to the child .
         This rule applies in particular to the toys which are intended
         to be kept in contaot with the skin or which comprise a coating
         of paint , lacquer , varnish or similar substances , to graphic
         toys , toys made of plastic , textiles or any other material which
         are likely to entail the hazards referred to in this
         paragraph , unless these toys by reason of their function, size
         and other demonstrable characteristics , obviously exclude any
         chance of ingestion or irritation through contact .
     B. Toys may not contain , as such , the dangerous substances and
         preparations referred to under A. at levels of concentration
         or in a form lik9ly to harm the health of a child through
                                                                       © /·
) Council Directive on the approximation of the laws of the Member
  States relating to classification . packaging and labelling of dangerous
  substances ( 0»J . lbl/l of 1608067 ), and particularly Directive
  79/83I/EEC of 18 September 1979 ( O.J. L 259/10 , 15.10.79 ), Article
  2.2 , paragraphs f ) to n ).
 ---pagebreak---                                                                 - 4 -
                                                                                                          V)
                               contact or inhalation.         If , however , it is not possible in the           ;
                               case of certain toys to use substances or preparations which                      •
                               exhibit such levels of concentration without thereby changing the j
                              basic function or characteristics of the toyB , higher levels                      j
                              shall as an exception be permitted where this is absolutely                         !
                              vital , provided that precise indications are given regarding the
                              dangers presented by these toys and the precautions which sire to
                              be followed .                                     .   .
                              The risks of accidentally ingesting suoh substances and prepara­
                              tions must always be subjected to a speoifio indication,
                              whatever their level of concentration may be .
                              The above rules apply in particular to toys containing children 's
                              paints , specifically finger paints , glues and solvents , inks ,
                              cosmetics , detergents and other household products as well as
                              chemical toys . -                     I
                          C. Toys may not include in their composition or- contain as such the                     j
                                                                                                                   t
                              substances and preparations whose use is prohibited or limited by !
                              Community Directives ( l ). This prohibition is applicable
                              according to the procedures provided for by these Directives .
                          D. Pending adoption of the directive provided for in
                              Article 4 » paragraph 1 and , in relation with chemical risks ,
                              - toys intended for children below 36 months of age and those
                                                           i    '  i                  '
                                 intended to be put to the mouth or to contain foodstuffs must
                                 comply, as regards their composition, with Community ;;
                                directives ( 2 ) or , in their absence , with national regulations
                                                                                               .     -/-
              ( 1 ) In particular dir . 76/769/EEC of 27 July 1976 ( O.J. L 262/201 of
                 _ 27.9.76 ) and dir. 79/663/EEC of 24 July 1979 ( O.J. L 197 of 3.8.79 ).
              ( 2 ) In particular dir. 76/893/EEC of 23 November I976 ( O.J. L 340/19 of
                       9.12.76 ) and dir. 78/142/EEC of 30 January 1978 ( O.J . L 44/15 of
                       15.2.78 ).                                 ;        ;
"> ' ' P • " r.fî '\lj      |
                                                                                                 7  I)
               r^YiVq -Hn >"1 ■?;           WJ. t^Vt !•• h ; T         ^Vr     rfaVrV * 1            hVr- rV - r
                        7 ·             •         ■  -i"'?     ! u 1 1.             2'           8' 4
 ---pagebreak---                                        - 5 -
              relating to materials coming into contact with foodstuffs .
              Furthermore , they may not contain , as such , the dangerous
              substances and preparations referred to in A , whatever their
              level of concentration may be ;
           - Community directives concerning the safety of consumer goods ,
              such as the Directive relating to cosmetic products ( l ), are
              also applicable to toys containing such products or imitations
              of these products .
    2.4 Risk of explosion
        In this connection , the safety objectives below are to be pursued .
        a ) toys must not be explosive or contain elements or parts likely
            to explode ( e.g. aerosols );
        b ) the risks of explosion and bursting caused by the overcompression
            of liquids or gases which permit the functioning of certain toys
            such as steam engines must be avoided ( see Annex V, 3«9*2 );
        c ) toys may not contain as such and in any dangerous form or level
            of concentration the substances and preparations listed as
            potentially explosive in Article 2.2a ) of Directive 67/548/EIEC of
            27 June 1967 , and . those which may explode on contact with flame
            or when subjected to shock or friction ;
        d ) toys , and in particular ohemical games and toys must not contain
             substances or preparations which , when mixed , may cauBe an
             explosion .
                                                                         •/.
( 1 ) Dir. 76/768/EEC of 27 July 1976 ( O.J. L 262/169 of 27 . 9 . 7 6 )
 ---pagebreak---                                 - 6 -
2 *9 Klectrieal properties
     Without prejudice to the exclusion provided for in Annex II ,
     point 12 , toys must he conoeived and manufactured in Buch a way
     as to avoid risks due to their construction and inherent to their
     use . which may arise from their electrical properties .
                         /
     This concerns particularly risks of "burns caused by the toy
     overheating, and risks of electrical shocks arising from the
     power, the insulation of the toy, the resistance to moisture and
     rust of certain parts , eto . s
2.6 Hygiene
     Toys must be manufactured and offered for sale in such a state
     that any risk of infection, illness or irritation likely to arise
     from unsatisfactory conditions of hygiene and cleanliness is
     avoided .
     This prinoiple applies particularly to toys intended for ohildren
     under three years of age , toys made of textiles or paper, those
     used for disguise or which oontain padding.          -
2.7 Radioactivity                     '
     Toys must not contain radioactive elements or substances in forms
     or proportions likely to be detrimental to the child 's health.
                    I
                                   10'
                                  . 9
 ---pagebreak---                                   ANNEX IV
        • WARNINGS AND INDICATIONS ON THE INSTRUCTIONS FOR USE
                        ( Article 7 , 2nd paragraph )
1. Toys which may not be intended for children under 36 months
   Toys which might be dangerous for children under 36 months of age
   shall be marked 'NOT SUITABLE FOR CHILDREN UNDER 36 MONTHS OF AGE 9 ,
   followed by a brief indication , which may also appear in the
   instruotions , of the risks calling for this restriction ( eogo
   flammability, toxicity, falls , etc .).
   This provision does not apply to toys which , on account of their
   function , dimensions , characteristics or properties , are not likely
   to be given to children under 36 months of age®
2o Sharp points and cutt i ng edges serving a functional purpose
   Toys which incorporate cutting edges or points serving a functional
   purpose shall be accompanied by instructions or any other marking
   which shall draw attention to the potential hazards of such points
   and edges .
3« Suspended swings arid rings , trap ezes , ro p es , etc * attached to a cross¬
   beam
   Such toys shall be accompanied by instructions which shall draw
   attention to the need to periodically carry out checks and assure the
   maintenance of their major posts ( suspensions , fastenings , fixing
   to the ground , etc® ) and which shall point out that in case of
   failure to make these checks , the toy may present dangers of falls
   or overturning .
   Instructions must also be given concerning the correct way of
   assembling them and indicating those parts which can present dangers
   if it is not correctly assembled®
4® Functional Toys
   Functional toys shall bear the marking 'WARNING : USE UNDER THE DIRECT
   SUPERVISION OF AN ADULT 1 .
 ---pagebreak--- In addition, -these toys shall be accompanied by directions giving
working instructions , as well as the precautions to be taken by the
user, with the warning that failure to take these precautions would
expose the user to the hazards - to be pointed out - normally
associated with the applianoe of which the toy is a scale model or an
imitation*          '
It will also be indicated that the toy must be kept out of the reach
of very young children.                                      • *
Steam engines and other steam toys - Fuels
a) Such toys , or their packaging, shall bear the marking 'WARNING :
    USE ONLY UNDER THE SUPERVISION OP AN ADULT' .
                                                   s
    They shall be accompanied by instructions or by a statement set :
     out on the packaging explaining how the toy operates as well as
    the precautions to be taken by the user, with an indioation that
    failure to take these precautions would expose the user to the
    hazards which are normally associated with the particular engine ^
    which are desoribed briefly ( e.g. burns , fire hazard, explosions
    under high pressure ).
    It will also be 'indicated that the toy must be kept out of the
    reach of very young children.
b) In addition, should any liquid or solid fuel be sold with the
    toy or separately, the attention of .the user must be drawn to
    the hazards associated with the storage or usei of the fuel . The
    marking 'FLAMMABLE* must appear on the packaging of the toy or
    the fuel .                         j i
    This provision shall also apply to toys other than steam engines
    which involve the use of fuel .
 ---pagebreak---                                     - 3 -
 6.  Toys with projectiles or toy-projectiles
     a)   Toys with projectiles whose kinetic energy does not exceed 0.5 J
          shall be accompanied by a marking , which may appear in the
          instructions for use , drawing attention to the hazards of using
         missiles other than those supplied by or recommended by the
         manufacturer , and to the danger of firing the projectiles at
         point-blank range .
    b ) Pigeon shooting, ball-trap and similar games which use rifles or
         spring pistols having projectiles that have tips of rubber or
         some other elastic material , and whose kinetic energy exceeds
         0.5 J shall bear the marking : * WASHING : FOR CHILDREN OVER 8 YEARS
         OP AGE ONLY .  TO BE USED UNDER THE SUPERVISION OP AN ADULT' .   In
         addition , the instructions shall draw attention to the fact that
         rifles and pistols must be aimed solely at the target provided
         in the game and indicate that any other use of the toy could
        cause wounds .
        It should also be noted that suoh games must be kept out of the
        reach of very young children .
    o ) Toy projectiles ( e.g. boomerangs ) require instructions drawing
        the attention on the particular hazards inherent to the use of
        that toy.
70  Facsimile protective ecruipment and spectaoles
    Facsimile protective equipment , especially headgear ( e.g. crash-
    helmets ), shall bear the marking "WARNINGS THIS TOY IS NOT
    PROTECTIVE EQUIPMENT ".   For facsimile spectacles this indication may
    be placed on the packaging.
8.  Kites and other flying toys
    Kites or other flying toys shall bear the marking : 'WARNING : DO NOT
    USE NEAR OVERHEAD POWER LINES o    DANGER OF ELECTROCUTION' .
                                                                     ./•
 ---pagebreak--- Games and -toys containing inherently dangerous substances ,
preparations or materials ( e.g. solvents , acids , adhesives , etc * ).
Chemical toys   _    r
a.  Subject to the provisions laid down in Community Directives on the
    classification, packaging, labelling of dangerouB substances and
    preparations ,     the packaging or instructions for use of games
    or toys containing inherently dangerous substances , preparations
    or materials , shall bear a marking or warning of the dangerous
    properties of these substances , preparations and materials and of
    the precautions to be taken by the user in order to avoid the
    hazards which are associated with them and shall be listed in a
    concise way according to the type of toy, and namely the ingestion
    hazards . The instructions will also stress the necessity of
    keeping such toys out of the reach of very young ohildren.
b. In addition to the instructions provided for in a), chemical toys
    and games which contain the substances , preparations and materials
    mentioned above shall bear the following marking on their
    packaging! » WARNINGS FOR CHILDREN OVER 10 YEARS OP AGE ONLY . USE
    UNDER THE SUPERVISION OF AN ADULT * •
    If the substances and preparations contained in such toys are
    likely to change or to lose , after a certain time , their specifio
    safety properties , the instructions shall give tne neoessary
    indications or the expiry date of these substances *
    In particular the following are considered : chemical toys and
    games , chemistry sets , plastio embedding sets , miniature work-shops
    for ceramics , enamelling, photography, and similar toys • '          <
 ---pagebreak---                                     - 5 -
IGo Aquatic toys
    Aquatic toys and their packaging shall bear the marking :
     ' WARNING 2 USE ONLY IN SHALLOW WATER AND UNDER SUPERVISION *
    Swimming accessories representing facsimiles of individual life­
    saving apparatus and their packaging shall bear the marking
    mentioned in the precedi.ng paragraphs with the following additions
     'THIS TOY IS NOT A LIFE -SAVING APPARATUS' .
    The markings above are to be applied for inflatable aquatic toys , at
    a point olose to the air valve®
    In addition, the instructions for usa shall contain precise indications
    particularly on the maintenance and storage of the toy, and for
    inflatable toys , the procedure for inflating, as well as a reference
    to the warnings appearing on the toy and on its packaging, with the
    additional warning to the user that , in case of failure to take these
    precautions , the user runs the risk of drownings
    For the purpose of this provision, and etibject to the directive
    provided for in article 4=^3rd paragraph, 2nd dash, concerning these
    toys , aquatic toys are inflatable or non-inflatable ob jeots designed
    to be used by children as an article of play and only under the
    direct supervision of an adult , in shallow water and in particular
    facsimile swimming accessories for children, and facsimile personal
    life-saving apparatus as well as large rubber balls and other
    floating objects which can be gripped . « Aquatic toys shall not be
    taken to include toys designed to be vised in bathtubs , toy-oraft for
    children and other floating articles capable of supporting a child
    entirely above the water, such as air-mattresses , rafts , etc .
                                                                   ./•
 ---pagebreak---                                        - 6 -
                                                                             H
11 .    Toy skate-boards
        These toys shall bear the marking : 'WARNING : USE ONLY WITH PROTECTIVE
      . EQUIPMENT * ..."   '' -
        In addition, the instructions for use shall remind the user that the
        toy must he used with extreme care as it requires . much skill , and
        away from public thoroughfares , to avoid acoidents which may result
       from falls or from collissions of the user and some third party.
       Indications on the protective equipment (helmets , gloves , knee-gu,ards ,
       elbow-guards , etc .) shall also be given.
12 .   Disguise costumes .    Toys intended to be entered by a child .  Beards ,
       moustaches , wigs and masks .                 :   ' .
       In the oases provided for in Annex VI , these toys will "bear the
     " marking: » WARNING : KEEP AWAY FROM FIRE' .
 ---pagebreak---                                                                              \ /
                                    «US V
                COMMON TECHNICAL STANDARDS AND METHODS OF TEST
               FOR MECHANICAL AND PHYSICAL PROPERTIES OP TOYS
FIELD OF APPLICATION        .
This annex seta out ;
a) the general requirements for physical and mechanical properties and
    those concerning the materials used and the construction of the
    toys (§§ 2.1 to 2.2,9 ):
    - Materials ;     sheets of flexible plastic , wood , glass and stuffing
        materials .
    ~ Co" 5 b ruction ; edges , overlap joints , fastenings , metal points and
        wires , tubes and similar rigid components , folding mechanisms ,
        hinges , driving mechanisms and springs .
b ) The specific construction requirements for rfi&'Aaniaal an-* physical
     properties , applicable to the following types of toys ( o § 3 to 3=14 )
     - Small toys and detachable components ;
     - Non-detachable components ;
     - Toys intended to be put to the mouth ;
     -■  Toys intended to be used in a cradle , cot or perambulator ;
     -   Toys intended to be pulled along by the child ;
     -   Toys which a child can enter ;
     -   Toys intended to bea,r the weight of a child ;
     -   Heavy immobile toys ;
     -   Toys containing a heat source including steam engines ;
     -   Toy projectiles and toys with projectiles ;
     - Non-projectile facsimile weapons .
     - Facsiirule proteotive equipment ;
     - Rattles ;
     - Kites and other flying toys .
                                                                       CJ0
 ---pagebreak--- e ) The methods of -test for "the requirements specified under a) and fe )
    (§§ 4 "to 4*16 ).                             - ,
d ) The requirements for mechanioal and physical properties applicable
    to the packaging of toys ( bags made of iflexible plastics ) and their
    methods of test (§ 5 )*               1
GENERAL REQUIREMENTS              /        i .
2.1 MATERIALS                v                                \   - :f ' •
                                           \
     2*1.1 Flexible plastic sheeting
            Sheets of flexible plastios without any baoking ( for example ,
            used for making aprons ), of an area greater than 100 mm shall
            have a minimum thickness of 0.038 mm.
      • . '       ? '      -   ..    ■      *
     2.1.2 Wood         ,,                 1 '
            Wood Bhall not display any insect holes and no knots shall be
            loose . -                       |.
            Bark may be used only in the manufacture of folklore toys
            ( i.e. for decorative purposes ). This requirement does not
            apply to cork.                  '
                .     -                     r   -     -         .
                                       "    i           , •       •
            The surface of wooden toys shall not be rough to such an
            extent that risk of injury from splinters may result .
     2«1«3 Glass
                                  *•    ' 1    '■           .
            Glass shall not be used in the construction of toys for
            children under 36 months with the exception of balls for
            rattles and eyes for dolls , animals , etc .
 ---pagebreak---                                    - 3 -
          Glass may be used in the construction of toys for ohildren over
          36 months only where its use is necessary to the funotion of the
          toys ( for example , optical toys ).
          Scientific kits and scale models also may contain small glass
          vessels .  However , where such vessels are intended to be
          exposed to heat , only borosilicate glass shall be used .
          Where glass is used , its edges shall be rounded and , if
          necessary, protected .   This does not apply to microscope slides
          and cover slips .
    2.1.4 Stuffing materials
          Stuffing materials shall not contain any hard or sharp objects ,
          Buch as scrap metal , nails , needles , and splinters of wood ,
          glass or plastics .
          If suoh materials consist of granules they must be enclosed in
          an internal casing, which is not the external covering and is
          sufficiently strong to prevent them escaping from the toy
          during its use .
2.2 CONSTRUCTION
    2.2.1 Edges
          The accessible edges of toys shall be designed so as to avoid
          risk of injury , and in particular , they must be free of burrs
          which are likely to cause injuries .
 ---pagebreak---   Per metal sheets with a thickness ef less than 0*5 mra , the                    ,
                                                              .                   t
  following means are deemed to meet that retirement :
  a) the edges may be folded, rolled or spiralled ( see figures)# ■
      ■h
          vc==?l
      Polded edge ,                 Rolled edge .                Spiralled edge f
      less than 270              < between 270        and        more than 360
                               ■5 360
      L.. - 0.5 nun maximum     L_ = 1*5 mm maximum          No limit specified
                         •                                   for L,
  b) The edges may be protected by a plastic coating or by paint .
  Functional cutting edges are permitted only for toys intended
  for children over 36 months ; in such a case , the attention of
  the users must be drawn to the dangers these edges present
  ( see annex IV.2 ).             !
                                  J     '        ,                  '      '
              -                   <
  Within the meaning of the previous paragraph , functional
  cutting edges are the edges of pieces intended to be used as
  electrical conductors ( i.e. wedges connecting the railroad
, tracks of eleotrical trains ).
2 Overlap joints
            .  - '    L  ■■■                                    L
   ~r.n / t NL-Ui             \           "! ■     \/ c2=2=z=z
           rvyy tv / t / v / ^ j               " V/v / / r i \ yj_/ /,/ / /
  When the clearance L between the sheet metal and the under­
  lying surface is greater ! than 0*7 mm, the edge of the sheet
  metal shall comply with 2.2.1 .
                 \ '           i <>
                                o
 ---pagebreak---                                     - s
2 - 2 , 3 Fastening
          . The pointed . ends of sorews , nails and similar fastenings used
            in the manufacture of toys shall not be accessible .
            Accessible parts of fastenings shall be free from burrs .
            If a fastening is intended to be countersunk , no part of the
           head shall protrude above the surface of the finished toy.
           These requirements apply before and after any tests specified
           in this standard for the toy under consideration.
                        I
2.2.4 Metal points and wires
          Toys shall not have accessible points sharp enough to inflict
           an injury.
          This requirement does not apply to points which are essential
           for the functioning or design of toys intended for children
           over 36 months .    The potential dangers presented by such
          points shall be drawn to the attention of users ( see Annex
          IV . 2 .).
          Joints which could become accessible shall be protected in an
           adequate way .
          The wires forming part of the toy and which can become
           accessible shall have ends which are protected in an adequate
          way ( e.g. curled or swollen into a ball or oval ). Wires
           likely to be bent by the child shall not break when tested
           in accordance with § 4«1 «
                                                                      -/•
 ---pagebreak---       In the case of a -toy ( e.g. rattles ) incorporating a ehiming
      mechanism containing metal wires , spikes or rods having a
      point which is sharp enough to inflict wounds or scratches ,
      the chiming mechanism shall he enclosed in a protective casing
      whioh ie not itself the outer casing of the toy, unless the
      latter is sufficiently robust to withstand the dropping and
      impaot. tests provided for in $ 4*3 smd 4®15 »
2.2.5 Tubes and similar rigid components
      Tubes , bars , levers or other similar rigid components pro­
      truding from the body of the toy and which , N by their make-up ,
      diameter or length might possibly injure a child' failing on
      the toy, shall be protected .
      If such protection consists of a separate component , thia
      component when tested in accordance with § 4*2 shall not
      beoome detaohed .          i
2*2.6 Folding mechanisms
      Toys , having mechanically driven, folding or sliding parts ,
      and toys intended to support a mass greater than 2.5 kg and
      having folding or sliding parts , shall have a safety devioe
      to prevent any risk of injury.
2.2.7 Hinges
      Toys having two parts joined by means of one or more hinges
      ( e.g. toys with a door or a lid ) and with a space between the
      assembled edges , shall be constructed so that this space is
      less than 5 J11® or greater than 12 mm whatever the angle of
      opening is .            , .
 ---pagebreak---                                    - 7 -
                                                                            0
 2.2.8 D r iving a e c h an e m s
          Driving mechani «?dp ( such as gears , 'belts , winding Deohaidsnis ,
          whether driven electrically , by friction or clockwork., bu.t
          excluding such mechanisms when they form part of a
          construction toy or a toy referred to in § 3-7 ) forming an
          integral part of a toy shall be iua.de so that moving parts -
          likely to jam the fingers or otherwi.se injure a child -
          cannot become accessible .
         When toys with such mechanisms are tested in accordance with
         § 4.3 , the meohanism shall not become exposed .
         The shape and dimensions of winder keys or starting handles
          shall be such that the clear space between the key or the
         handle and the body of the toy is lees than 2 mm or greater
         than 12 mm .
         If starting cords less than 1*5 mm in diameter are used for
         mechanisms in toys for children under 36 months , ths recoil
         force of the mechanism shall not exceed 4*5
2® 2.0 9 Springe
         Springs shall be protected if , during use of the toy, the
         spring might trap the fingers of a child or injure it in any
         way .
         In the case of spiral springs , protection shall be provided
         if the gap between two consecutive spirals is greater than
         3 mm , when the spring is at rest .
         In the ca.se of helix springs , protection shall be provided
         if the gap between two consecutive turns is greater than or
         equal to 3 mm , when the spring is subjected to a tensile
         force of 40 N.
 ---pagebreak---         ;                                -a-                                 0
                                                               ' ,N   y
    SPECIFIC CONSTRUCTION REQUIREMENTS APPLICABLE TO CERTAIN TYPES OP TOYS
     3.1 Small toys and detachable components
           The largest dimension of toys and of detaohable components of toys
           intended for children under 36 months Bhall not be less than 32 mm »
           the test applicable to this provision is provided for in § 4.16 .
    3.2 Non-detachable components
           In the case of toys for children under 36 months to which
           components made from glass , metal , wood or other non-pliable
                               »                                    N
           materials are attached , these components shall either :
           - be embedded so that the child cannot grab them with his teeth
             or fingers 5
           - or be fixed to the toy so that they cannot beoome detached or
             loosened when they are submitted to :
              • a force of 50 N when the largest accessible dimension is
                less than or equal to 6 mm ;
             . a force of 90 N when the largest accessible dimension is
                greater than 6 mm .         j
           For the application of the present provision, soft toys ( dolls ,
           animals , etc .) are considered as toys intended for children under
           36 months .  ,
    3.3 Toys int ended tpjbe put jfe o the mouth
           Toys intended to be put to the mouth ( e.g. whistles ) and which
           contain reeds , balls or similar components shall be so constructed
           as to prevent these components escaping from the toy if they become
           detached , when a sucking pressure of 0.1 bar is applied throughout
           the toy, this sucking pressure being applied to the orifices likely
           to be put to the mouth .
                                                                         •A
« »! ■ < J
 ---pagebreak---                                      - y -
 j«4 f cv3 for cradles , cots o r perambulators
      To avoid any cLnag.r of 3 t rangul at ion or wound s due to rebour ding,
      the free length of cords of toys intended for cradles , COTS and
      perambulators snail not exceed 300 mm . Th±3 requirement applies
      to elastic cordf? when they are subjected to a force of 2n No The
      above requirement does not apply to elastic corda fixed on both
      aides of the cradle , cot or perambulator * Such elastio cox-da when
      subjected to a force of 2'j N shall net exceed 750 mm in length and
      their length under these conditions shall not be more thstn 40
      percent longer than their . relaxed length .
3 =>5 Toys intended to be gulled £-lon£_by ^he_chiM
      To avoid any danger of strangulation , cords of toya intended to be
      pulled along shall not include slip knots or fastenings likely to
      iorm a slip knot .   Cords of such toys for children under 36 months
      shall be not less than 1.5 mm thick .
3.6 To^_which_a_child^can_ent er
      To avoid any risk of suffocation in the case of toys larga enough
      to contain a child and having a door , lid or similar closing
      device , it shall be possible for a child to open the door , lid or
      similar device from the inside .          ; !
      When the doors , lids and siailar devices are closed , ventilation
      shall be ensured .
3.7 Toys intended to bear_the_wei£ht_of a child
      3*7=1 Toys propelled by and intended to bear the weight of a child
             ( e.g. tricycles , soooters , cars ) shall comply with the
             follovdng requirements :
 ---pagebreak---                                                        - 10 -             I   '               LA
                  a) "the toy, when tested, in accordance with § 4*4 and 4»5i
                      shall not break and shall Btill comply with the require­
                      ments of this standard ;
                  b ) the toy, when tested in accordance with § 4*6 , shall not
                      tip over .        This requirement does not apply to toys with
                      two aligned wheels ( e.g. scooters , bicycles even when
                      provided with stabilizers :
                                            X   *
                                                  I    •
                  c ) mechanically propelled ( e.g. chain driven) toys with a
                      free wheeling facility shall have a braking device whioh
                      shall be such that when the toy is tested in accordance
                      with § 4*7 » the toy shall not move .
                                              /
                  d ) the driving chains shall have on the side where the leg
                      of the child skims the chain, a protective element going                   '
                                      /                          • _ -
                      from the crank-gear to the sprocket , and , on the other
                      side , a protective element on the level of the crank-gear
                      ( see sketch );
                                                    Side A             D
       . .. _.                ç                                                       . • Section D-D
Section C-C              **       •      '                              f                            .
 ~f~'m             V                ■
                                                         "      iv     v        y J I
                                                                                          - f-
                                                                                             'I
                                                                  -0^
                                                    Side B           D      I
                            ç                                                             Section I>-D
Section C-C      1 ^
                            1              '                  /
               Side A o        Side where the leg of the child skims the chain
               Side B    ■     Side opposite to A
 ---pagebreak---                                 - 11 -
                                                                           u
             Both parts of the chainguard ( side A + B ) shall be fixed
             together so as to form one block which a child will remove
             with difficulty.
             The part of the crank-gear on side A which is not covered
            by the ohain-guard shall not have any slots in which the
             child can put itB fingers ;
       e ) wheels propelled directly by pedals shall be solid , but
            slots or holes of a width of 5 ™ or less may be made in
            them ;
      f ) spaces between wheels and the body or parts of the toy
            ( e.g. mudguards ) shall be less than 5 111111 or more than- 12 mm .
3»7*2 Toys not propelled by but intended to bear the weight of a
      child ( e.g. rocking horses , garden slides , see-saws ) but
      excluding swings shall comply with the following requirements :
      a ) the toy, when tested in accordance with § 4«4 » shall not
           break and shall still comply with the requirements of this
           standard ;
                                                                   «
      b ) the toy, when tested in accordance with § 4-6 , shall not
           tip over .   This requirement does not apply to toys with a
           device for fixing them to the ground ( for example : garden
           slides );
      c ) for outdoor toys , means shall be provided to ensure that
           water that might otherwise accumulate inside the toy is
           constantly able to drain away.
3.7.3 Swings
      Swings shall comply with the following requirements :
      a ) swings , when tested in accordance with § 4»8 » shall not
           break and 'shall - still comply with the relevant requirements
   »
           of this Annex ;'                                             /
 ---pagebreak---            b ) the means of suspension ( e.g. ropes , chains ) shall have &
               minimum average diameter of 10 mm .    Suspension hooks shall
               be wound over at least 540° »
          o ) the following safety devices are considered appropriate to
                prevent the child from falling off the seat :
               - a protective bar situated between 200 mm and 300 mm above
                 the seat ,
               - a device to fasten the child to the seat ; '
          d ) in accordance with Annex IV. 3 » the need for regular checks
               and upkeep of the suspension system shall be drawn to the
               attention of users .
3.8 Heavy immobile toys
                                 -  - '        -    -            /
    Immobile toys weighing more than 5 kg and intended to rest on the
    floor but not to bear the weight of a child , shall not tip over
    when tested in' accordance with § 4*9 *             -r-
3*9 Tojs containing a heat s ource
    Toys containing a heat source Bhall not catch fire during continuous
    operation.                          '  • <
    3*9*1 The rise in temperature of parts which are intended to be
          touched by the hand , for example handles ,^ knobs , controls ,
          grips , etc ., shall not exceed the following values when tested
          in accordance with § 4*10 : •
          metal                                             25 K
 .    . ' glass , subject to application of § 2.1.3 •• 30 K
          plastics , wood                                   35 K
          The rise in temperature of the other parts of the toy shall
          not exceed . the following values :
     '    metal                                       •••• 45 K
          other materials                                   55 K
 ---pagebreak---                            - 13 -
.2 Steam engines
   Steam engines must comply with the following requirements :
   a ) For the requirements concerning the rise in temperature of
        parts which are intended to be touched by the hand , the
        values of §        apply when the steam engine is tested in
        accordance with § 3.10 .
   b ) The furnace shall have a safety devioe to prevent the
        introduction of fingers when the toy is operating.    The
        closure of the furnace shall have a handle .
       If the engine operates with liquid fuel , the burner shall
       be so constructed that during the test specified in
        § 4.11.1 the liquid shall not escape except as drop by
       drop .
                 I
       If the engine operates with solid fuel , the fuel shall not
       escape from the furnace during the test specified in
       § 4.11.1 .
       Liquid and solid fuel for steam engines , sold with the toy
       or separately, shall bear a warning on its packaging
       drawing attention to the hazards which stocking and using
       such fuels may present for a child ( see Annex IV.5^))"
  c ) The capacity of boilers shall not exceed 2000 om\ The
       boiler shall be provided with at least one safety valve
       which cannot be adjusted by the user ( e.g. a spring valve )
       made of rust resisting material .  Weighted safety valves
       shall not be used .
       Steam engines shall either be provided with a device which
       gives the user an indication of the water level in the
       boiler ( e.g. a water level indicator ), or they shall be
       designed in such a way as to prevent the boiler being
       filled above the level specified by the manufacturer ( e.g. s
       an overflow).
 ---pagebreak---                                .- H -                                   es
            When tested in accordance with § 4«ll*2 the service
            pressure shall not exceed 1.5 "bar .    The service pressure is
            the steam pressure produced within the boiler after starting
 .          the engine running on no load .     The release pressure of the
            safety valve shall not exceed twice the service pressure .
            The bursting pressure of the boiler shall be at least three
            times the service pressure , without , being less than twice
            the release pressure of the safety valve .        ,
     ;      The dimensions of the fuel tank shall be such that , when the
            steam engine is tested in accordance with § 4*11*2 not more
            than 80 percent of the oontents of the boiler shall
            evaporate .    .
            The potential dangers presented by steam engines shall be -
            drawn to the attention of users , according to Annex IV. 5 a).
3*10 Toy proje ct i les and  oys with proj ectiles
     3*10.1 In the case of toys with projectiles where the kinetic
            energy is determined by the characteristics of the toy and
            not by the child , this kinetic energy when tested in
            accordance with § 4*12 shall not exceed 0.5 J *
            In the case of these toys , the potential dangers of using        j
            other missiles than those accompanying the toy and of         1 i
            firing the projectile at point blank range shall be drawn ■ ■ "j
            to the attention of users ( see Annex IV.6a)).                 . j
     3.10.2 Pigeon-shooting, ball-traps and similar toys using spring- i
            loaded guns and pistols with projectiles ^ the tip of which
            is made 6f rubber or another flexible material and having        ;
      ;     a kinetio energy which exceeds 0.5 J , oarry the indications ;
            foreseen in Annex IV. 6b ).                                      ■
 ---pagebreak---                                      - 15 -
       3.10.3 Projectiles in the form of arrows for spring loaded guns and
                pistols , cross-bows , long bows and pea-shooters shall not be
                made of metal .
                Their ends shall be blunted and their heads protected by a
                flexible tip , the diameter of which is at least equal to the
                greater cf the following two values :
                - 20 mm or
                - 3 times tne maximum cross-sectional dimension of the body
                  of the arrow .
                The tip shall not become detached when subjected to a tensile
                force of 50 N.
       3»10.4 The points of darts for children shall not be made of metal ;
                points fitted with magnetic discs are permitted .
                Toy projectiles (e c g. boomerangs ) carry the indication
                foreseen ,in Annex IV. 6c ).
3 . I1 Non-projectile facsimile weapons
       Non-projectile facsimile weapons ( e.g. knives , swords , axes ) shall
       not have functional edges or points which could infliot injuries .
3.12 Facsimile 2r2Î5cî ^ve eç[ui2(l! errk
       Transparent parts of facsimile protective equipment ( e.g.
       speotacles , masks ) shall not crack when tested in accordance with
       § 4.13 .
       Facsimile protective helmets ( e.g. motorcycle helmets , industrial
       safety helmets ) and spectaoles shall bear a marking to draw
       attention to the fact that they offer no protection ( see Annex IV . 7 ).
                                                                        ./•
 ---pagebreak---                                   - 16 -                                 G}
3.13 Rattles                                           -
     The solid particles placed inside rattles for "babies and other
      similar toys shall be smooth and rounded .   Glass balls are permitted
     Seeds and materials , the dimensions of which increase by more than
      5 P©r cent when tested in aocordanoe with § 4*14 « shall not be used .
        '                             ·
     When the toy is tested first in accordance with § 4*3 and , then
      § 4.15 , ,the casing containing the particles shall not break.  The
     last indent of § 2.2.4 is applicable , where appropriate .
3.14 Kites_and_other_flying__toys
     Strings longer than 3 m , for kites and other flying toys , shall be
     made of nonr-metallic material .
     The potential danger of flying a kite near overhead power lines
      shall be drawn to the attention ( see Annex IV.8 ).
METHODS OF TEST                                             ■ \
Unless otherwise specified in Chapters 2 and 3 , compliance with the
requirements of this standard is cheoked by visual inspection and
measurement of distances , gaps , pull forces etc ., as appropriate .
4.1 Flexibility_of wires ( see §^2 . 2.4 )                       •
    The wire is held firm by two metal cylinders each of diameter 10 mm .
  , The wire is bent from the upright to one Bide through 60° and then ,
    bent in the opposite direction through 120° and finally returned to
    the upright position ( one cycle ). The test is carried out 30 times
    at a rate of one cycle per second , with a rest of 20 secondB after
    each 10 cycles .
    Examine whether the wire breaks
 ---pagebreak---                                     - ν -                                       α
                         i
 4 » 2 Ρθ§2ΐϊο?}_2?_2ΐ!2ί55ΪίΥ2_2£5Ρ2?}5ϊ?ί5_Ϊ2_ΐΕϋ-0ίϊ2ϊ}_ί? θ §_^_? 1 2*5 )
        The part to be tested is subjected to a tensile foroe determined by
        the weight of the toy or 60 N , whichever is greater .
       Examine whether the part becomes detached from the toy.
4.3 5l°E_El?!§5£i^_l§®®_JL?±?i§i_2i2:. 4_a-nd_3^13 )
       The toy is dropped five times from a height of 85 + 5 °m- on to a
       4 mm thick steel plate , which has a 4 mm thick coating of Shore A
       hardness 75+5          which is placed on a non-flexible horizontal
       surface .
       Examine whether the mechanism has become exposed , or , for rattles ,
       whether the casing has been damaged .
4.4 Static_strength { seej? 3 » 7 » 1       3»7» 2)
       The toy is loaded either on its standing or sitting surface , with
       a mass of 50 kg for 5 min .
      After removing the load , examine whether any part of the toy is
      broken and whether the toy still complies with the relevant
       requirements of this Annex .
4*5 Dynamic strength £see § 3«7«l )
      The wheeled toy propelled by the child is loaded with a mass of
       50 kg , the centre of gravity of which is 150 mm above the surface
       on which the child sits or 400 mm above the surface on which the
       child stands .  In both cases the experimental load shall be placed
       so that the forces which act at the positions correspond to the
      normal use of the toy.      The toy is then driven three times against
       a 50 mm high non-resilient step at a speed of 2 m/s .
       After removing the load , examine whether any part of the toy is
      broken and whether the toy still complies with the relevant
       requirements of this Annex .                                           ,
 ---pagebreak---                                     18 -
4*6 Stability ( see § 3«7»l_an(i_§_3«Ji2 )
    The toy is loaded as in § 4*5 and placed in_any position on a plane
    inclined at 10°.
    Examine whether the toy tips over .
4.7 BraJcing_(see § 3*7^-)   .    .                              /
    The toy, loaded as in § 4*5» is placed oh a plane inclined at 10°
    with its longitudinal axis parallel to the incline .  A force of 50 N
                                      1              1 .
    is applied to the control of the braking device .
    Examine whether the toy moves .                                     -
    If the brake is operated by a handle , the force of 50 N is exerted
    at right angles to the axis of the handle , at the middle of the
    handle , and using the handle-bar as a support .
    If the brake is operated by a pedal , the force of 50 N is applied
    in the operating direction producing the brake . ■
    If the vehicle has several brakes each brake is tested separately.
4*8 Strength of swings (gee §^3«J«3 )
    The toy is loaded uniformly for 1 h on its standing or sitting
    surface with a mass of 200 kg.
    After removing the load , examine whether any part of the toy is
    broken and whether it still complies with the relevant requirements
    of this Annex .  .
4*9 Stability of heavy toys ( see §_3«8)
    The toy is placed in any position on its base on a plane inclined
    at 5°, whereby all moving parts are adjusted so as to produce the
    most unfavoura.ble position for stability.
  . Examine whether the toy tips over.                             •/.
 ---pagebreak---                                    - 19 -
4 » 10 Température rises {.see_J_3i9il and 3^9«^2 aj )
        In an ambient temperature of 25 +3 C , operate the toy in
       accordance with -the instructions using the maximum quantity of
       fuel or , in the case of an electric toy, the maximum input , until
       equilibrium temperature is reached .
       Measure the temperature of the parts and calculate the temperature
       rises .
       Examine whether the toy ignites .
4.11 Steam_engines
       4.11.1 Burner ( see § 3*9*2 b ))
               In the case of steam engines using liquid fuel , remove the
               burner, fill it in accordance with manufacturer 's instruc­
               tions , tip the burner through 90°     &11 positions with
               reference to the horizontal and check whether any fuel
               escapes .
               In the case of steam engines using solid fuel , fill the
               furnace in accordance with the manufacturer 's instructions ,
               tip the engine through 90° in all positions with reference
               to tho horizontal .
               Check whether any fuel escapes .
      4.11.2 Boiler ( see § 3*9*2 c ))
               Fill the steam engine with water and fuel in accordance with
               the manufacturer 's instructions . Attach a manometer to the
               boiler opening.
               Operate the steam engine until it starts running on no load
               and measure the corresponding steam pressure ( service
               pressure ) .
               Continue operating the engine with the steam outlets blocked
               until the safety valve operates .  The pressure at the time
               the valve operates is measured (= release pressure ).     ./.
 ---pagebreak---                                                    - 20 -
                                                                                                           >7
                  With the steam outlet and safety valve simultaneously                                        i
                  blocked , operate the steam engine until the internal                                        !
                  pressure of the boiler reaches a pressure corresponding to                                    I
                  the higher of the following values :
                  - three times the service pressure
                  - twice the release pressure .
                  Then operate the steam engine under no load conditions until '
                  all the fuel is spent and measure the volume of water                                           i
                  remaining in the boiler .
4*12 Project iles ( see_§_3il0il )
        Determine the kinetio energy of the projectile five times and
        calculate the average value .
4*1-3 Facsimile protective eçruipment ( see § 3*12 )
        Separate the transparent material from the toy and place it in the
        apparatus as shown in the figure , so that it is supported along its
        periphery.         The support is made of - rigid material adapted to the .
        s ample 4
                                                          coppar cytindsr
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                                                                                             <■:: 4
                                                                            5 mm min. j
  1 20 mm
      min.                                                                 – Guide
   V'
  <v ■-
  Γ-                                                                       '5mm min. ^
                   ~|i                              r*                irri     i ■.
                     1 .          I
                                                 /
                                                 /
                                                                   LV?N~T
                                                                       .           i
  ?        5 mm / r–>– 5mm'                                                 »••••«                    n
  K«.      min. /                   ■ min/;                                min. . '                   :]
  iw
                                                                                     :■■■■■ , · !
  ï:         Support                   . Sample                                            ■       •   \
  L..
                         ■ ί' ; .           I ■'             0 - ,  .    Μ '!    ' , , , Ί               ,  .;      ■ ' ''
 ---pagebreak---                                    - 21 -                                                  }L
        The test is carried out at 20 + 30 C » Drop , in free fall , a mass
        of 1 kg from a height of 100 mm on to the top of the cylinder .
        Examine whether the material is cracked .
 4*14 Filling_materials_for_rattles_£see_J_3^13 j
       Measure the initial linear dimensions of the materials .                    Place them
        in water at a temperature of 20 + 3°C for 24 h .
       Re-measure the dimensions .
4.15 Strength of rat tl es ( see § 3»13 and 2.2.4 )
       Drop onto the rattle , placed on a horizontal steel surface , a
                                                                               2
       metallic mass of 1 kg, distributed over an area of 50 cm , from a
       height of 100 mm .
       Examine whether the casing has broken.
4 . 16 Small toys and det achable elements (s ee § 3«1 )
       Place the toy ( or the detachable elements ) without pressing it in
       a cylinder of the dimensions indicated in the sketch ( fig. l ).
       If the toy fits in completely, in any position, it does not comply
       with the requirements of the standard .                         Ittm ,
                                                                    (31 7 mm ) !
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                                                              / S , , V.
                                                              'tys&y '-s
                                                                   Fia . 1 .
 ---pagebreak---                                    - 22 -
5 . REQOT^j^S_MDJjCTHODS_OF_TEST=FQR=TOTC^_PACKAGINq
    Bags made of flexible plastics used, for packaging, or necessary for the
    use of toys and with an opening perimeter greater than 380 mm , shall
    have a minimum thickness of 0.038 mm , and the means for closing the
    bag shall not be a drawstring or cord.                  .
    The thickness requirement is deemed to be met if the average plastics
    thickness , measured over an area of 100 mm x 100 mm, is not less than
    0.038 mm.                                                             s
    This requirement does not apply to shrunk-on film packaging whioh is
    normally destroyed when the paokage is opened .
                 y
 ---pagebreak---                                       AMSJsJt Vi
                 COMMON TECHNICAL STANDARDS AND METHODS OF TEST
                      RELATING TO THE FLAMMABILITY OF TOYS
1 . FIELD OF APPLICATION
     This annex sets out :
     a ) the general requirements relating to the flammability of toys and.
         namely the categories of flammable materials which are forbidden
         for the manufacture of these products (§ 2 );
     b ) the specific requirements relating to the flammability of the
         following toys when they are submitted to a small source of
         ignition ( § 3 ) .
         - Beards , moustaches , wigs and masks (§ 3«l )
         - Disguise costumes and elements of costumes (§ 3.2 )
         - Toys intended to be entered by a child (§ 3°3 )
         - Soft toys with pile fabrics (§ 3»4 )
     o ) the methods of text relating to the requirements described in a ) and
         *) (§ 4 ).
2 . GENERAL REQUIREMENTS
     2d The following materials shall not be used in the manufacture of
          toys :
          - Celluloid ( cellulose nitrate ) or materials with a similar
            behaviour in fire ( except when used in varnish and paint ):
            this interdiction does not apply to balls for table-tennis ;
          - Materials with a pile surface which produce a flash effect ( l )
            on the approach of a flame , when tested in accordance with § 4»3 »
            This requirement does not apply to toys from which it is not
            possible , in view of their limited shape or dimensions , to
            obtain a specimen of at least 50 x 150 mm .
 ( l ) A rapid spread of flame over the surface of the article .
 ---pagebreak---                                              - 2 -
                                                                                  H
      2.2 Furthermore , -toys may not contain :                            -        • j
                                                »                                     ·
                              ''   •               -        .                         !
           a) flammable gases ;          '                                            i
         * , \   -                                                      ♦'            I
           b ; substances or preparations as such which                               '
               - may ignite when in oontact with other substances ( oombustion-
                 enducing substances and preparations ) ( l );
               - may become hot and spontaneously catoh fire in oontact with
                 air, , at an ambient temperature without any application of      -
                 energy ( 2 );                   ;
               - when in contact with water or damp air may evolve easily
                  flammable gases in dangerous quantities ( 3 ).
           c ) liquid or solid fuels or a part to be set alight , to be burnt or
               to give off smoke , unless these components are strictly essential
               to the function of the toy and provided that , in this case , the
               toy is manufactured in such a way as only to catoh fire at the
               appointed spot and at no other.
3 . SPECIFIC REQUIREMENTS APPLICABLE TO CERTAIM" TYPES OF TOYS
     3.1 Beards , moustaches , wigs and masks             .
           Beards , moustaches , wigs and masks which are likely to be worn
            directly on the skin, when tested in accordance with § 4*2 , shall
            not continue to flame , if ignition occurs , for more than 2 seconds
            after the source of ignition has been removed .
           Toys which do not comply with this requirement must carry the
           warning provided for in Annex IV, 12s this provision cannot apply
           to masks whioh completely cover the head ( e.g. hoods ) or adhere
           to it strongly, which must always oomply with the requirement set
           out in the first paragraphs . I             . ;
  ( l ), ( 2 ), ( 3 ) See directive 67/548/EEC of 27, June 1967 , art . 2 b ) and y
                      art . 2 c ), 1st and 4th dash. This article has been amended
                      by art . 2.2 . b ), c ) and d) of Directive 79/831/EEC of
  .                 . 18 September 1979 (O.J. L 259/10 , I5 . IO . 79 )
                                                      M n
 ---pagebreak---                                        - 3 -
      3«H Disguise costumes and elements of costumes
           When disguise costumes or elements of costumes are tested in
           accordance with § 4»3 » the rate of spread of the flames shall not
           be more than 50 mm/s ( l ).
          Furthermore , if for such toys the rate of spread of the flame lies
          between 10 mm/s ( 2 ) and 50 mm/s , they shall bear the warning
          provided for in Annex IV. 12 .
          Costumes and elements of costumes made from thermosplastic materials
          ( 3 ) shall bear, whatever their rate of spread of the flame may be ,
          the warning provided for in the previous paragraph .
         Disguise costumes and elements of costumes made from PVC must be
          self-extinguishing.
     3.3 Toys designed to be entered by a child
         When toys designed to be entered by a child are tested in accordance
         with § 4»3 "the rate of spread of the flame shall not be higher than
         30 mm/s ( 4 ).
         Furthermore , if for such toys the rate of spread of the flame lies
         between 10 mm/8 ( 5 ) and 30 mm/s , they shall bear the warning
         provided for in Annex IV. 12 .
                                                                       •/•
( 1 ) i.e. the time taken for the flame to spread over the 500 mm test
      length shall not be less than 10 seos .
( 2 ) i.e. the time taken for the flame to spread over the 500 mm test
      length shall not be less than 50 sees .
( 3 ) Polyamide , polyester , certain modacrylics , etc .
( 4 ) i.e. the time taken for the flame to spread over the 500 mm test
      length shall not be less than 17 sees .
( 5 ) i.e. the time taken for the flame to spread over the 500 mm test
      length shail not be less than 50 sees .
 ---pagebreak---   j       Tays , made from FVQ , designed -to be entered by a ehild, shall be
  !        self-extinguishing.                                                               ~
 ;        Furthermore , the toys' covered in the present paragraph shall allow
          easy exit , thus preoluding the use of buttons , grips , eto *
| 3.4 Soft toys with a pile surface
          When soft toys with a pile surface , or made of textiles are tested
          in accordance with § 4*4 , the rate of spread of flame on the surface
        - shall be not more than 50 mm/s .
          The requirements of this paragraph do not apply to toys from which
          it is not possible , in view of their limited shape or dimensions ,
          to obtain a specimen of at least 50 * 150 mm .
 4 . METHODS 0F TEST                                   . "                :       -
                                    S| ,    "   I      a -i.         1   .• 1
     The following provisions apply to paragraphs 4.1 to 4*4 *                                 •
                                       •. *     i '- •
     a) Each test is carried out on new : articles as they are marketed or on
         samples obtained from new articles .
     b ) The toys used for the tests shall be representative of one group of
         toys . Samples shall be taken so that they are representative of the
         whole toy.                             '
                    n T                                 :
     o) Before 1^he flammability test , . ! . ,         ;                       •                *
         – toys^idade of textiles , with the exception of those whioh are not
            likely to be washed , such as toys made of paper, oardboard , etc .,
            are lulbjected to the durability procedure provided for in § 4*5
            or, if washing instructions were given by the manufacturer, they
            are ftashed 5 times in accordance willti' these instructions }
                    r> r                      •'       " m
            ' .     * '• ;             -\ ,    )         '■ 1 '■ -
                                               i                                    1 ■    ■
                ' ' *' ' ■                             7, ?      '       " :;           - "■
                       "*                     yi            t* ,   '   .    .•'
 ---pagebreak---                                             - 5 ~
        - tiio "boy it or eauio!l ss shall be conditioned for at la&et soven hours
                                                               o
           in an atmosphere having a temperature of 20-25 C and a relative
           hucidity of 'jQ–Sjtfoo
    d ) Wherever possible , the tests are carried out in a text cubicle for
        the purpose of safety of personnel and good test procedure ( l )»
    e ) The test flame ie obtained from a burner ( 2 ) operated with butane or
        propone gas and results from the mixture of the gas with the minimum
        of air tc ensure its stability .,       The height cf the flame ia measured
        with the burner in the vertical positiorie
         Tost relati ng to the flash effect ( see § 2«1 , 2". id dash )
         The test is carried out in accordance with Standard BS 45^9 »
         Hcwever , by way of derogation from this standard , the samples used
         for t e test muat be at least 50 >- 150
   4*2 Test re l ating to beards , moustaches , wigs and magics ( see § 3«l )
         Position the toy vertically or , if it contains pile elements or hair
         BO that tl 9 element or hair hang verticelly
         Apply a 20 mm high test flame to the toy for 5 seconds so that the
         distance between the edge of the burnar tube and the toy is
         approximately 5 111111 with the burner at an angle of 45°        so that
         the flame makes contact at lease 20 mm above the lower edge of the
         toy.
         Measure the period ( in seconds ) which elapses between the removal
         of the source of ignition and the time that the specimen ceases
         to flame®
( 1 ) See for example the cubicles desoribed in standards KF g 07-113 and
       DIN 50-050
( 2 ) For indications consult for example standards NF fi 07-100 ,
       DIN 50-051 and DB 5438
 ---pagebreak--- 4*3 Test relating to disguise costumes and elements of costumes
    ( see § 3.2 ) and to toys intended to be entered "by a child
    ( see § 3.3 )
    Obtain from the toy three samples with usable sizes of 600 mm x
    80 mm . Eachsample must oonsist of two cotton market threads 500 mm
    apart , the first marker being placed at least 50 111111 from the lower
  ^ part of the sample .
    Place the sample on a U-type frame positioned at 45° "to "the
    horizontal .
    With the burner in a vertical position, apply a 40 mm high test
    flame for 2 s to the lower part of the sample .                 ,    ,
    Measure the rate of spread of the flame between "the two markets on
    each sample .
4.4 Test relating to soft toys with pile fabrics ( Bee § 3«4 )
    Position the toy vertically. With the burner at an angle of 45°»
    apply a 20 nun high test flame to the surface of the article for
    2 seconds , so that' contact is made at least 20 mm above the lower
    ledge of the sample and that the distance between the edge of the
    burner and the surface of the test is approximately 5
    After removal of the flame , measure the time taken for the flame to
    spread over the distance between the point of application of the
    flame and the upper edge of the toy..
4.5 Durability procedure ;
    The procedure applied is the one provided for in British Standard
    BS 56511 1978 , in accordance with the following precisionsi
    A) Disguise oostumes and soft toys with a pile surface §§ 3«2 and
        3.4):
 ---pagebreak---                                    _
    prcvidsa. for ir. cnapier o ' ' oz the above–raen^ionsd 3tar.aard at
    a temperature ■ of 50O,~; f unless they carry a labia prescribing
    dry-cleaning : in this case , the procedure described in chapter 5
    of the standard is to be applied .
    In partial derogation of British Standard PS 5^51 ? five complete
    cycles of washing or dry-cleaning are considered as sufficient®
B ) Toys designed to be entered by a child (§ 3»3)s
    These toys are subjected to the water soaking procedure described
    in chapter 4 of the above-mentioned standard .
 ---pagebreak---                                                                            Ή
 ♦          ,                     ANNEX VII
        EEC SYMBOL OF CONFORMITY WITH THE COMMON TECHNICAL STANDARDS
                        PROVIDED FOR IN ARTICLE 4.1
The EEC symbol of conformity consists in a capital epsi Ion 8 mm ,
high , enclosed in an hexagon and. accompanied "by the following letters , at
least 2 mm high , indicating the common teohnical standards aooording to
which the toy has been tested and with which it was found to complys
         M = physioal and mechanical properties
         F - flammability •
         T - toxicity   '                        -
         E ■ electrical properties
Example of an EEC symbol of conformity for a toy which has passed the
tests on physical and meohanical properties , flammability and eleotricity:
 ---pagebreak---                                                                           i
                                   ANNEX VIII
                CONDITIONS TO BE FULFILLED BY THE LABORATORIES
                            ( Article 18 , paragraph 2 )
The laboratories designated, by the Member States must fulfill the
following minimum conditions :
1.  Availability of personnel as well as of the necessary means and
    equipment ;
2.  Technical competence of the personnel ;
3»  Independence , in carrying out the tests and preparing the technical
reports provided for in this directive , of staff and technical personnel
in relation to all circles , groups or persons directly or indirectly
ooncerned with the field of toys ;
4 » Maintenance of professional secrecy by the personnel J
5.  Submission to inspection at intervals by the competent authorities
in the Member States .
                                                         *
                          i