CELEX: 51986PC0541
Language: en
Date: 1986-10-16
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES CONCERNING THE SAFETY OF TOYS

No C 282/4                               Official Journal of the European Communities                                  8.11.86
                                                                II
                                                        (Preparatory Acts)
                                                  COMMISSION
             Proposal for a Council Directive on the approximation of the laws of the Member States
                                                   concerning the safety of toys
                                                       COM(86) 541 final
                              (Submitted by the Commission to the Council on 22 October 1986)
                                                          (86/C 282/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas in view of the size and mobility of the toy
                                                                    market and the diversity of the products concerned, the
Having regard to the Treaty establishing the European               scope of this Directive should be determined on the basis
Economic Community and in particular Article 100                    of a sufficiently board definition of 'toys'; whereas
thereof,                                                            nevertheless it should be specified that some products are
                                                                    not to be regarded as toys for the purposes of this
Having regard to the proposal from the Commission,                  Directive either because they are not in fact intended for
                                                                    children or because they call for supervision or special
Having regard to the opinion of the European Par-                   conditions of use;
liament,
                                                                    Whereas toys placed on the market should not
Having regard to the opinion of the Economic and                    jeopardize the safety and/or health either of children
Social Committee,                                                   using the toys or of third parties, domestic animals or
                                                                    property; whereas the standard of safety of toys should
Whereas the laws, regulations and administrative                    be determined in relation to the criterion of the use of
provisions in force in Member States relating to the                the product as intended, but allowance should also be
safety characteristics of toys differ in scope and content;         made for any foreseeable use, bearing in mind the
whereas such disparities are liable to create barriers to           normal behaviour of children who do not generally show
trade and unequal conditions of competition within the              the same degree of care as the average adult user;
Community without necessarily affording consumers in
the common market, especially children, effective                   Whereas the standard of safety of the toy must be
protection against the hazards arising from the products            considered when it is marketed, bearing in mind the
in question;                                                        need to ensure that this standard is maintained
                                                                    throughout the foreseeable and normal period of use of
Whereas these obstacles to the attainment of an internal            the toy;
market in which only sufficiently safe products would be
sold should be removed; whereas for this purpose the                Whereas compliance with the essential requirements is
marketing and free movement of toys should be made                  likely to guarantee consumer health and safety; whereas
subject to uniform rules based on the objectives                    all toys placed on the market must comply with these
regarding protection of consumer health and safety as set           requirements and, if they do, no obstacle must be put in
out in the Council resolution of 6 May 1986 on a new                the way of their free movement;
impetus for consumer protection policy;
                                                                    Whereas toys may be presumed to comply with these
Whereas total harmonization in this area is necessary               essential requirements where they are in conformity with
since children's health and safety cannot be allowed to             European standards or harmonization documents
remain subject to different standards of protection in the          adopted by the European Committee for Standardization
various Member States;                                              (CEN) or the European Committe foe Electrotechnical
                                                                    Standardization (CENELEC) at the request of the
Whereas, in accordance with the Council resolution of               Commission, in pursuance of Council Directive
7 May 1985 on a new approach to technical harmoni-                  83/189/EEC of 28 March 1983 laying down a
zation and standards (*), the harmonization to be                   procedure for the provision of information in the field of
achieved should consist in establishing the essential safety        technical standards and regulations (2), and the reference
requirments to be satisfied by all toys if they are to be           numbers of which have been published in the Official
placed on the market;                                               Journal of the European Communities;
O OJ No C 136, 4. 6. 1985, p. 1.                                    O OJ No L 109, 26. 4. 1983, p. 8.
 ---pagebreak--- 8.11.86                                Official Journal of the European Communities                              No C 282/5
Whereas toys that conform to a model approved by an               Whereas checks on the safety of toys already on the
inspection body may also be regarded as complying with            market must be carried out by the competent authorities
the essential requirements; whereas such conformity               of the Member States;
must be certified by the affixing of a European mark;
                                                                  Whereas for some categories of toys that are particularly
Whereas manufacturers who decide to manufacture toys              dangerous or intended for very young children warnings
in conformity with standards must have the choice either          or details of precautions to be taken must also be given;
of submitting a model for approval or of informing an
inspection body of their intention;
                                                                  Whereas the Commission must receive regular infor-
                                                                  mation on the activities carried out under this Directive
Whereas certification procedures must be established to           by the inspection bodies;
define the way in which national inspection bodies have
to approve models of toys not in conformity with
standards and issue type-examination certificates for             Whereas those to whom any decision taken under this
them and for toys in conformity with standards, a model           Directive is addressed must know the reason for that
of which is submitted to them for approval;                       decision and the remedies open to them,
Whereas a procedure must also be established to enable            Whereas the opinion of the Scientific Advisory
manufacturers to declare that their toys are in                   Committee for the evaluation of the toxicity and
conformity either with the standards or with an approved          ecotoxicity for chemical compounds has been taken into
model; whereas the option of making that declaration              account with respect to the health-based limits of
necessitates the setting up of a manufacturing surveill-          bioavailability of metallic compounds in toys to children,
ance system;
                                                                  HAS ADOPTED THIS DIRECTIVE:
Whereas adequate information for the Member States,
the Commission and all the inspection bodies must be
provided for at the various stages of the certification and
inspection procedures;                                                                       Article 1
                                                                  1.    This Directive shall apply to toys. A 'toy' means
                                                                  any product or material designed and intended for use in
Whereas for efficient inspection it must be possible to           play by children of less than 14 years of age.
identify toys; whereas they must therefore all bear a
model identification number and this number must
appear on all the documents relating to those toys;
                                                                  2.    The products listed in Annex I shall not be
whereas certain details concerning the manufacturer or
                                                                  regarded as toys for the purposes of this Directive.
his authorized representative must also appear on the
packaging of the toys or on a label;
                                                                                             Article 2
Whereas the Member States must appoint inspection                 1.    Toys may be placed on the market, sold or
bodies for application of the system introduced for toys;         distributed free of charge only if they do not jeopardize
whereas adequate information on these bodies must be              the safety and/or health of users or third parties,
provided and they must all comply with minimum                    domestic animals and property when they are used as
criteria for their approval;                                      intended or in a foresseeable way, bearing in mind the
                                                                  normal behaviour of children.
Whereas cases might arise where a toy does not satisfy
the essential safety requirements; whereas the Member             2.    In the condition in which it is marketed and
State ascertaining this must take all appropriate measures        throughout the period of foreseeable and normal use, a
to withdraw the product from the market or prohibit its           toy must meet the safety and health conditions laid down
placing on the market; whereas a reason must be given             in this Directive.
for this decision and where the reason is a shortcoming
in the harmonized standards these must be withdrawn
from the list published by the Commission;
                                                                                             Article 3
                                                                  Member States shall take all steps necessary to ensure
Whereas provision must be made for suitable action to             that toys cannot be placed on the market unless they
be taken against anyone wrongfully affixing a mark of             meet the essential safety requirements set out in Annex
conformity;                                                       II, below referred to as 'essential requirements'.
 ---pagebreak---  No C 282/6                             Official Journal of the European Communities                                  8.11.86
                          Article 4                                 (a) failure to meet the essential requirements, if the toy
                                                                        does not meet the standards referred to in Article
 Member States shall not impede the placing on the
                                                                         5(1),
 market, sale or distribution on their territory of toys
which satisfy the provisions of this Directive.                    (b) incorrect application of the standards referred to in
                                                                        Article 5 (1),
                                                                   (c) shortcomings in the standards referred to in Article
                          Article 5                                     5 (1) themselves.
 1.   Toys bearing a model identification number and               2.     Where the reasons for the decision referred to in
the EC mark provided for in Article 15 certifying                  paragraph 1 are shortcomings in the standards, the.
conformity with the harmonized standards referred to in            Commission shall refer the matter to the Committee
paragraph 2, the reference numbers of which have been              within two months if the Member State which took the
published in the C series of the Official Journal of the           measures intends to maintain them. If the Commission,
 European Communities, shall be presumed to comply                 after consulting the Committee, finds that the action is
with the essential requirements.                                   justified, it shall immediately inform the Member States
                                                                   accordingly.
2.    Harmonized standards shall be understood to mean             3.     Where the EC mark has been wrongfully affixed to
European standards or harmonization documents                      toys that do not comply with the essential requirements,
adopted by the European Committee for Standardization              the competent Member State shall take appropriate
(CEN) or the European Committee for Electrotechnical               action against whomsoever has affixed the mark and
Standardization (CENELEC) at the request of the                    shall inform the Commission and the other Member
Commission, in pursuance of Directive 83/189/EEC.                  States thereof.
                                                                   4.     Whenever it finds that the action referred to in
                                                                   paragraph 1 is justified, the Commission shall remind the
3.    Toys bearing a model identification number that              Member States of their obligation to withdraw the toys
are not in conformity with all or part of the above-               from the market and prohibit their placing on the
mentioned standards shall also be presumed to comply               market.
with the essential requirements where their conformity to
a model approved in pursuance of Article 10 is certified                                      Article 8
by the affixing of the EC mark.
                                                                   1.     Prior to the manufacture of toys:
                                                                   (a) in accordance with the standards referred to in
                          Article 6                                     Article 5 (1), the manufacturer or his authorized
                                                                        representative established within the Community
Where the Commission, at the request of a Member                        shall:
State or on its own initiative, considers, after consulting
                                                                        — either inform an approved inspection body
the Standing Committee set up under Directive 83/189/
                                                                            referred to in Article 9 and forward to it the
EEC, hereinafter referred to as 'the Committee', that a
                                                                            manufacturer's data sheet bearing a model
harmonized standard does not satisfy the essential
                                                                            identification number for the toy;
requirements, it shall withdraw the reference number of
that standard from the list published in the Official                   — or submit for the EC type-examination referred
Journal of the European Communities. The Commission                         to in Article 10 a specimen of the toy bearing an
shall inform the Member States that compliance with the                     identification number;
standard in question cannot confer on toys the
presumption established by Article 5(1).                           (b) where the standards referred to in Article 5 (1) are
                                                                        not applied or are applied only in part, the manu-
                                                                        facturer or his authorized representative established
                                                                        within the Community shall submit a specimen of the
                          Article 7                                     toy bearing an identification for the EC type-exami-
                                                                        nation referred to in Article 10.
1.    Where a Member State ascertains that toys bearing
the EC mark and used as intended or in a foreseeable               2.     Toys manufactured in conformity with the
way as provided for in Article 2 (1) are likely to                 standards referred to in Article 5 (1) or with the
jeopardize the safety and/or health of persons, domestic           approved model shall, prior to being placed on the
animals or property, it shall take all appropriate                 market, be subject to the EC declaration of conformity
measures to withdraw those products from the market                referred to in Article 11.
and prohibit their placing on the market. The Member
State shall immediately inform the Commission and the              3.     The data sheet and correspondence relating to the
other Member States of such measures and indicate the              certification procedures referred to in paragraphs 1 and
reasons for its decision; in particular, it shall specify          2 shall be in an official language of the Member State in
whether the non-compliance results from:                           which the approved body is established.
 ---pagebreak--- 8.11.86                               Official Journal of the European Communities                               No C 282/7
                          Article 9                              (a) verify that it has been manufactured in conformity
                                                                     with the manufacturer's data sheet and may be used
Each Member State shall notify the Commission and the
                                                                      in complete safety under the conditions set out in
other Member States of the approved inspection bodies
                                                                     Article 2;
responsible for carrying out the certification procedures
referred to in Article 8 (1) and (2). The Commission
shall publish a list of these bodies, for information            (b) carry out appropriate examinations and tests.
purposes, in the C series of the Official Journal of the
European Communities and shall be responsible for
updating it. However, if a Member State has not                  4.     If the model complies with the essential
approved any inspection bodies on its territory, it shall        requirements, the approved body shall draw up an EC
give notification of at least one such body approved by          type-examination certificate which shall be forwarded to
other Member States.                                             the applicant. This certificate shall state the conclusions
                                                                 of the examination, indicate any conditions attaching to
2.    Annex III lists the minimum criteria which Member          it and be accompanied by the discriptions, drawings and
States must meet as regards approval of these inspection         number necessary for identification of the approved
bodies.                                                          model. The approved inspection body shall send a copy
                                                                 of the certificate to the other approved bodies which
3.    A Member State which has approved an inspection            may, on request, obtain a copy of the technical file. The
body shall withdraw approval if it finds that the body no        Commission and the Member States may, on request,
longer meets the criteria listed in Annex III. It shall          obtain a copy of the certificate, the technical file and the
immediately inform the Commission and the other                  reports.
Member States.
                                                                 5.     A body which refuses to issue, or withdraws, an EC
4.    Only the Member State on whose territory an
                                                                 type-examination certificate, shall so inform the Member
approved inspection body is established may withdraw or
                                                                 State which approved it. The latter shall inform the other
restrict that approval.
                                                                 Member States and the Commission, giving the reasons
                                                                 for the decision.
5.    An approved inspection body may carry out the
inspections referred to in this Directive throughout the
territory of the Community. It may, without
                                                                                           Article 11
relinquishing its responsibility, delegate to another
approved body certain tasks that are incumbent upon it.          1.     The EC declaration of conformity is the document
                                                                 whereby the manufacturer certifies that toys conform to
                          Article 10                             the standards referred to in Article 5 (1) o r t o an
                                                                 approved model and is subject to EC surveillance.
1.    EC type-examination is the procedure by which an
approved inspection body ascertains and certifies that a
specimen of a toy satisfies the essential requirements           2.     A manufacturer fulfilling the obligations arising out
applicable to it.                                                of Article 12 shall affix the EC mark referred to in
                                                                 Article 15 to toys which he declares to be in conformity.
2.    The application for EC type-examination shall be
lodged by the manufacturer or by his authorized rep-
resentative with a single approved inspection body in            3.     The purpose of EC surveillance is to ensure, as
respect of a type of toy. The authorized representative          required by Article 13, that the manufacturer duly fulfills
shall be established in the Community.                           the obligations arising out of Article 12. It shall be
                                                                 performed by the approved body which issued the EC
The application shall include:                                   type-examination certificate referred to in Article 10
                                                                 where the toys are manufactured in accordance with an
— the name and address of the manfucturer or of his              approved model or by the approved body to which the
    authorized representative, and the place of manu-            manufacturer's data sheet was sent in compliance with
    facture of the toy;                                          the first indent of Article 8 (1) (a).
— the manufacturer's data sheet which shall be
    accompanied by a toy, representative of the planned
    production and bearing a model identification                                          Article 12
    number.                                                      Before commencing manufacture, the manufacturer must
                                                                 send the body responsible for EC surveillance a
3.    The approved body shall carry out the EC type-             document containing:
examination in the manner described below.
It shall examine both the manufacturer's data sheet, in          (a) a reference to the information referred to in the first
order to check its adequacy, and the toy submitted.                   indent of Article 8 (1) (a) or the reference number of
                                                                      the EC type-examination certificate referred to in
When examining the toy, this body shall:                              Article 10 and the toy type identification number,
 ---pagebreak--- No C 282/8                                Official Journal of the European Communities                                   8.11.86
(b) a discription of the means of verifying conformity               In the case of small toys and toys consisting of small
     with the standards referred to in Article 5 (1) or with         parts, the mark and indentificaiton number may under
     the approved type and an undertaking to use those               the same conditions be affixed to the packaging or,
     means during manufacture,                                       should there be no packaging, to a label.
(c) the address of the places of manufacture and storage
     and the date on which manufacture is to commence.               The EC mark shall consist of the symbol CE. It shall be
                                                                     accompanied by the mark of the approved inspection
     Moreover, the manufacturer shall authorize access to            body responsible for EC surveillance.
     those places of manufacture and storage by the body
     responsible for EC surveillance for inspection
     purposes, shall allow this body to select specimen              2.    The affixing to toys of marks or inscriptions that
     toys and shall provide it with all the necessary infor-         are likely to be confused with the EC mark shall be
     mation.                                                         prohibited.
                            Article 13
                                                                     3.    The packaging of toys or, if there is no packaging,
1.     The inspection body responsible for EC surveillance           the toys themselves or the label shall also bear the name
shall examine the document referred to in Article 12 and             and/or trade name and/or mark and the address of the
the manufacturer's data sheet, in order to check its                 manufacturer or his authorized representative or the
adequacy, when toys are not manufactured in                          importer into the Community. These particulars may be
accordance with an approved type.                                    abbreviated insofar as the abbreviation makes it possible
                                                                     to identify the undertaking.
The body shall, during manufacture, ensure that the
manufacturer actually uses the means of verification
referred to in Article 12 (b).                                       4.    Annex IV lays down the warnings and indications
                                                                     of precautions to be taken during use that have to be
It may also select toys at random at the places of manu-             given for certains toys. Member States may require that
facture or storage, for inspection purposes.                         these or other warnings and these or other indications of
                                                                     precautions shall be given in their own national language
2.     The body shall supply the Member State which                  or languages when the toys are marketed.
approved it with the reference number of the document
referred to in Article 12, the toy type identification
number and a copy of the inspection report. The                                                Article 16
Commission, the other Member States and the other
approved bodies may obtain that information and a copy               1.    Member States shall carry out sample checks on
of the report on request.                                            toys which are on the market so as to verify their
                                                                     conformity with the provisions of this Directive.
                            Article 14
Where it is established that the EC mark has been wron-              2.    For the purpose of updating this Directive, Member
gfully affixed to toys:                                              States shall send the Commission, every three years from
                                                                     the date given in Article 19, a report on the application
— which do not conform to the approved type,                         of this Directive including the results of the checks
                                                                     provided for in paragraph 1.
— which conform to an approved type that does not
    meet the essential requriements,
                                                                                               Article 17
— which do not conform to the relevant standards
     referred to in Article 5(1),                                    Member States shall regularly inform the Commission of
                                                                     the activities carried out in pursuance of this Directive by
— in respect of which the manufacturer has failed to                 the bodies they have approved so that the Commission
     fulfil his obligations under Article 12,                        may ensure that the inspection and surveillance pro-
                                                                     cedures are implemented correctly and without discrimi-
the body responsible for EC surveillance shall report to             nation.
the Member State concerned and, where appropriate,
withdraw the EC type-examination certificate.
                                                                                               Article 18
                            Article 15
                                                                     Any decision taken by a Member State or an approved
1.     The EC mark referred to in Articles 5, 7, 11 and 14           inspection body pursuant to this Directive shall state the
and the type identification number shall be affixed in a             exact grounds on which it is based. It shall be notified as
visible, easily legible and indelible form to the toy or, in         soon as possible to the party concerned, who shall at the
the case of toys having more than one part, to the parts             same time be informed of the remedies available to him
which may be used separately or to the main parts of the             under the laws in force in the Member State in question
toy.                                                                 and of the time limits applying to such remedies.
 ---pagebreak--- 8.11.86                                        Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                                N o C 282/9
                               Article 19                                          2.       M e m b e r States shall c o m m u n i c a t e the texts of the
            .      _        , „ , .          r       i i                           provisions of national law which they a d o p t in the field
1.    M e m b e r States shall bring into force the laws, r e g u -                covered b       ^      D i r e c t i v e t o t h e Commission,
lations and administrative provisions necessary to comply
with this Directive n o t later t h a n 1 J a n u a r y 1988. T h e y                                                      Article 20
shall forthwith inform the C o m m i s s i o n thereof.                            _. . _ .         .             ..           .      . .,  .   _
                                                                                   This Directive is addressed t o the M e m b e r States.
                                                                         ANNEX       I
                        PRODUCTS N O T REGARDED AS TOYS FOR T H E PURPOSES O F T H I S DIRECTIVE
                                                                       (Article 1 (1))
                  1. Christmas decorations;
                  2. Detailed scale models for adult collectors;
                  3. Equipment intended to be used collectively in playgrounds;
                  4. Sports equipment intended to be used for training purposes;
                  5. Aquatic equipment intended to be used in deep water and flippers used for swimming;
                  6. Folk dolls and decorative dolls and other similar articles for collectors;
                  7. Professional toys installed in public places (shopping centres, stations, etc.);
                  8. Puzzles with more than 500 pieces or without pattern, intended for specialists;
                  9. Air guns and air pistols;
                10. Fireworks;
                11. Slings and catapults;
                12. Sets of darts.
                                                                        ANNEX       II
                                            ESSENTIAL SAFETY REQUIREMENTS FOR TOYS
                 I. General principles
                     1. In compliance with the requirements of Article 2 of this Directive, the users of toys as well as other
                        persons and domestic animals, shall be protected, in circumstances of normal or reasonably foresee-
                        able use of such toys, against risks to health and of corporal injury:
                        (a) which are due to the construction and composition of the toy;
                        (b) which are inherent in the use of the toy and cannot be eliminated by modifying the toy's con-
                            struction and composition without altering its function or depriving it of its essential properties.
                    2. (a) The degree of risk present in the use of a toy shall not be incommensurate with the capacity of
                            the users, and, where appropiate, of their supervisors to cope with it.
                        (b) To respect this principle, a minimum age for users of toys and/or the need to ensure that they
                            are used only under adult supervision should be specified where appropriate.
 ---pagebreak--- N o C 282/10                                Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s            8.11.86
                   (c) Particularly stringent safety instructions shall be laid down for toys which, by virtue of their
                        functions, dimensions and characteristics, are intended for use by infants and by very young
                        children up to 36 months of age.
                3. Labels on toys and their packaging as well as the instructions for use which accompany them, must
                   be such as to draw, in an effective and comprehensive way, the attention of users and/or their
                   supervisors, as appropriate, to the risks involved in using them and to the ways of avoiding such
                   risks.
            II. Particular risks
                1. Physical and mechanical properties
                   (a) Toys and parts thereof and, in the case of fixed toys, their anchorages shall have the requisite
                        mechanical strength to withstand stresses imposed by their use without rupture or deflection
                        susceptible of inflicting corporal injury.
                   (b) Accessible edges, protrusions, cords, cables and fastenings on toys shall be so designed and
                        constructed that they avoid risks of corporal injury from contact with them.
                   (c) Access to moving or movable parts of toys shall be so restricted as to avoid corporal injury
                        susceptible of being inflicted because of their motion.
                   (d) Toys, and parts thereof which are easily susceptible of being detached from the assemblies to
                        which they belong, shall be of such dimensions as to prevent their being swallowed.
                   (e) Toys, and parts thereof, and the packaging in which such toys or parts are contained for retail
                        sale shall not present risks of strangulation or suffocation.
                   (f) Toys intended for use in water or capable of bearing a child on to the water shall not present
                        risks of drowning.
                   (g) Toys capable of being entered and which may thereby constitute an enclosed space for occupants
                        shall incorporate a means of exit easily capable of being opened from the inside by any occupant.
                   (h) Toys conferring mobility on their users shall, so far as feasible, incorporate means of braking
                        commensurate wth the momentum they generate and easily capable of operation by their users
                        without risks of ejection therefrom or of injurious impact therewith.
                   (i) Toys containing heating elements shall be so constructed as to ensure that the maximum tempe-
                        ratures attained by their external attained surfaces or other parts not heated for functional
                        purposes shall not be such as to cause burns when touched.
                2. Flammability
                   (a) Toys shall not constitute a dangerous flammable element in the child's environment.
                        They must therefore be composed of materials which do not burn if directly exposed to a flame
                         or spark or other potential source of ignition, which are not readily flammable or have technical
                         specifications which make them virtually so (the flame goes out as soon as the ignition source is
                         removed) or which, if they do ignite, burn slowly and present a low rate of spread of the flame,
                         or which are treated, without prejudice relating to the toy's chemical composition, in such a way
                         as to delay the combustion process.
                         Such combustible material shall not constitute a risk of ignition for other materials used in the
                         toy or susceptible of contact with the toy.
                   (b) Toys which contain, for functional reasons, dangerous substances or preparations within the
                         meaning of Article 2 (2) of Community Directive 79/831/EEC, in particular, materials and
                         equipment for chemistry experiments, model assembly, plastic or ceramic moulding, enamelling,
                         photography or analogous activities must not contain as such, substances or preparations which
                         may become flammable due to the lose of non-flammable volatile components.
                3. Chemical properties
                     (i) Toys shall be so designed and manufactured that they do not present risks to health or of
                          corporal injury by ingestion or inhalation or contact with the skin, mucous tissues or eyes.
 ---pagebreak--- 8.11.86                               Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s            N o C 282/11
            (ii) (a) In total, for the protection of the health of children bioavailability resulting from the use of
                      toys shall not exceed, on a daily basis:
                      0,2 ug for antimony;
                      0,1 (i.g for arsenic;
                      25,0 ug for barium;
                      0,6 ug for cadmium;
                      0,3 ug for chrome;
                      0,7 ug for lead;
                      0,5 ug for mercury;
                      5,0 ug for selenium;
                      or such other values as may be laid down for these or other substances in Community
                      legislation from time to time based on scientific evidence.
                  (b) Toys shall not include in their composition nor contain as such, substances and preparations
                      whose use is prohibited or restricted by Community legislation.
                  (c) Toys containing cosmetics, paints, colorants or other substances governed by Community
                      legislation, or imitations of such substances, shall comply with the requirements of such
                      legislation.
           (iii) Toys intended to contain foodstuffs shall comply with the relevant Community legislation
                  concerning materials intended to enter into contact with foodstuffs.
                  (d) Toys which contain, for functional reasons, dangerous substances or preparations within the
                      meaning of Article 2 (2) of Community Directive 79/831/EEC, in particular, materials and
                      equipment for chemistry experiments, model assembly, plastic or ceramic moulding,
                      enamelling, photography or analagous activities shall comply with the requirements for
                      classification, packaging and labelling laid down in Community legislation relative to such
                      substances and preparations.
        4. Explosion
           (a) Toys must not be explosive or contain elements or parts likely to explode (e.g. aerosols).
           (b) Liquids and gases contained within toys shall not obtain such temperatures and pressures as to
                cause, on their escape therefrom, burns, scalds or other physical injury.
           (c) Toys may not contain as such, or in any dangerous form or level of concentration, the sub-
                stances and preparations listed as potentially explosive in Article 2 (2) (a) of Directive 79/831/
                EEC.
           (d) Toys, and in particular chemical games and toys must not contain as such, substances or
                preparations which when mixed, may cause an explosion:
                — by chemical reaction, or by heating;
                — when mixed with oxidizing substances;
                which contain volatile components which are flammable in air and may form flammable/
                explosive vapour air mixtures.
        5. Electrical properties
           (a) Toys which are activated by electric power shall be supplied with electricity at a tension not
                 exceeding 24 volts except when the function performed by the toy is infeasible, for practical
                 reasons, within that limit of tension.
           (b) Parts of toys which are connected to, or susceptible of being in contact with, a source of
                electricity capable of causing electric shock, together with the cables for other conductors
                through which electricity is conveyed to such parts, shall be so insulated and mechanically
                protected as to prevent the risk of such shock.
           (c) Toys activated by electricity shall be so designed and constructed as to ensure that the maximum
                temperatures attained in operation by their external surfaces for other accessible parts are not
                such as to cause burns when touched.
 ---pagebreak--- N o C 282/12                                  Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s             ,8.11.86
                6. Hygiene
                    The materials of which the toy is made and substances contained in it must, when the toy is
                    marketed, be clean and hygienic to such a degree as to avoid any risk of infection and sickness.
                7.   Radioactivity
                    Toys must not contain radioactive elements or substances in forms or proportions likely to be
                    detrimental to a child's health.
                                                                       ANNEX       III
                                C O N D I T I O N S T O BE FULFILLED BY T H E INSPECTION BODIES
                                                                      (Article 9 (2))
            The laboratories designated by the Member States must fulfil the following minimum conditions:
             1. Availability of personnel and of the necessary means and equipment,
            2. Technical competence and professional integrity of personnel,
            3. Independence, in carrying out the tests, preparing the reports, issuing the certificates and performing the
                surveillance provided for in this Directive, of staff and technical personnel in relation to all circles,
                groups or persons directly or indirectly concerned with toys,
            4. Maintenance of professional secrecy by personnel,
            5. Subscription of a civil liability insurance unless that liability is covered by the state under national law.
            Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent authorities of the
            Member States.
                                                                       ANNEX       IV
                WARNINGS AND INDICATIONS OF PRECAUTIONS T O BE TAKEN W H E N USING TOYS
                                                                     (Article 15 (4))
            The warnings and indications set out in this Annex concern general categories of toys.
             1. Toys which should not be given to children under 36 months
                Toys which might be dangerous for children under 36 months of age shall bear either a warning, for
                example: 'Not suitable for children under 36 months of age' or 'Not suitable for children under three
                years of age' or more precise information, for example: 'For children from three to five years' together
                with a brief indication, which may also appear in the instructions for use, of the specific risks calling for
                this restriction (e.g., danger of swallowing, cutting edges, toxicity).
                This provision does not apply to toys which, on account of their function, dimensions, characteristics,
                properties or other cogent grounds, are manifestly unsuitable for children under 36 months.
             2. Slides, suspended swings and rings, trapezes, ropes and similar toys attached to a crossbeam
                Such toys shall be accompanied by instructions drawing attention to the need to carry out checks and
                maintenance of the main parts (suspensions, fixings, anchorings, etc.) at intervals, and pointing out that
                if these checks are not carried out the toy may cause a fall or overturn.
                Instructions must also be given as to correct assembly of the toy, indicating those parts which can
                present dangers if it is incorrectly assembled.
 ---pagebreak--- 8 . 1 1 . 86                                        Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                           N o C 282/13
                     3. Functional toys
                        Functional toys or their packaging shall bear the marking: 'Warning: use under the direct supervision of
                        an adult'.
                        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 appliance or
                        products 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.
                        'Functional toys' means toys which fulfil the same function as, and are often scale models of, certain
                        products, appliances or installations intended for adults.
                     4. Toys containing inherently dangerous substances or preparations; chemical toys
                        (a) Without prejudice to the application of the provisions laid down in Community Directives on the
                             classification, packaging and labelling of dangerous substances or preparations, the instructions for
                             use of toys containing inherently dangerous substances or preparations shall bear a warning of the
                             dangerous nature of these substances or preparations and an indication of the precautions to be
                             taken by the user in order to avoid hazards, in particular the risk of ingestion, associated with them,
                             which shall be specified concisely according to the type of toy. The first aid to be given in the event
                             of serious accidents resulting from the use of this type of toy shall also be mentioned. It shall also be
                             stated that the toys must be kept out of reach of very young children.
                        (b) In addition to the instructions provided for in (a), chemical toys shall bear the following marking on
                             their packaging:
                             'Warning: for children over 10 years of age only. Use under the supervision of an adult'.
                             In particular the following are regarded as chemical toys: chemistry sets, plastic embedding sets,
                             miniature workshop for ceramics, enamelling or photography and similar toys.
                     5. Skateboards for children
                        If these products are offered for sale as toys they shall bear the marking:
                        'Warning: protective equipment should be worn'.
                        Moreover the instructions for use shall contain a reminder that the toy must be used with caution, since
                        it requires great skill, and away from public thoroughfares, so as to avoid falls or collisions causing
                        injury to the user and third parties. Some indication shall also be given as to recommended protective
                        equipment (helmets, gloves, knee-pads, elbow-pads, etc.).
                     Proposal for a Council Regulation o n the abolition of exit formalities at internal C o m m u n i t y
                                                  frontiers — introduction of c o m m o n b o r d e r posts
                                                                      COM(86)       524 final
                                         (Submitted   by the Commission         to the Council on 24 October                 1986)
                                                                          (86/C 282/05)
T H E COUNCIL OF T H E EUROPEAN COMMUNITIES,                                            W h e r e a s those crossing the C o m m u n i t y ' s          internal
                                                                                        frontiers are subject to formalities in respect of b o t h the
H a v i n g r e g a r d to the T r e a t y establishing the E u r o p e a n             g o o d s carried a n d the means of t r a n s p o r t itself; w h e r e a s
E c o n o m i c C o m m u n i t y , a n d in particular Article 235                     these formalities, a c c o m p a n i e d in some cases by controls,
thereof,                                                                                are required b o t h o n leaving the M e m b e r State of exit
                                                                                        and on entering the M e m b e r State o n w h o s e territory
                                                                                        the j o u r n e y is to c o n t i n u e ; whereas these formalities a n d
H a v i n g r e g a r d to the proposal from the Commission,                            controls are generally of the same kind a n d repetitive;
                                                                                        whereas this situation results in loss of time a n d
H a v i n g r e g a r d to the opinion of the E u r o p e a n             Par-          considerable expense arising from                       immobilization;
liament,                                                                                whereas this state of affairs is n o t compatible with the
                                                                                        establishment of an internal m a r k e t ;
H a v i n g r e g a r d to the opinion of the E c o n o m i c              and
Social C o m m i t t e e ,