CELEX: 51987PC0467
Language: en
Date: 1987-10-02
Title: Amended Proposal for a COUNCIL DIRECTIVE on the approximation of the laws of the Member States concerning the safety of toys (presented by the Commission pursuant to the third paragraph of Article 149 of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 467
Vol. 1987/0239
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(87 ) 467 final
                                                  Brussels , 2 October 1987
                                  Amended
                               Proposai for a
                              COUNCIL DIRECTIVE
           on the approximation of the laws of the Member States
                       concerning the safety of toys
C0MC87 ) 467 final
 ---pagebreak--- Proposal   for    a     Counci L    Directive on the     AMENDED PROPOSAL FOR A COUNC IL DIRECTIVE ON THE
approximation     of     the     laws   of  the   Member APPROXIMATION OF THE LAWS OF THE MEMBER
States concerning the safety of toys                     STATES CONCERNING THE SAFETY OF TOYS
                C OM ( 86 )   541  final
( Submitted by the Commission to the Council
               on 22 October 1986 )
                    ( 36 / C 282 / 04 )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the
European Economic Community and in particular            Having regard to the Treaty establishing the
Article 100 thereof .                                    European Economic Community and in particular
                                                         Article 100 A thereof ,
Having regard       to      the    proposal    from  the Having      regard    to  the     proposal    from  the
Commission ,                                             Commission ( 1 ),
Having regard to the opinion of the European             In cooperation with the European Parliament ,
Parliament ,
Having regard to the opinion of the Economic             Having regard to the opinion of the Economic
and Social Committee ,                                   and Social Committee ,
Whereas     the        laws ,        regulations     and Whereas        the     laws ,       regulations     and
administrative provisions in force in Member             administrative provisions in force in Member
States relating to the safety characteristics            States relating to the safety characteristics
of toys differ in scope and content ; whereas            of toys differ in scope and content ; whereas
such disparities are               liable    to   create such      disparities     are     liable to      create
barriers to trade and unequal conditions of              barriers to trade and unequal conditions of
competition within the Community without                 competition        within     the    internal    market
necessarily affording consumers in the common            without necessarily affording consumers in
market ,    especially children ,              effective the common market ,            especially children ,
protection against the hazards arising from              effective protection against the hazards
the products in question ;                               arising from the products in question ;
Whereas these obstacles to the attainment of             Whereas these obstacles to the attainment of
an internal market in which only sufficiently            an internal market in which only sufficiently
safe   products      would      be    sold   should   be safe products would be sold should be
removed ;    whereas for this purpose the                removed ;       whereas for this purpose the
marketing and free movement of toys should be            marketing and free movement of toys should be
made subject to uniform rules based on the               made subject to uniform rules based on the
objectives regarding protection of consumer              objectives regarding protection of consumer
health and safety as set out in the Council              health and safety as set out in the Council
resolution of 6 May 1986 on a new impetus for            resolution of 6 May 1986 on a new impetus for
consumer protection policy ;                             consumer protection policy ;
                                                          ( 1 ) 0J No C 282 , 8.11.1986 , p. 4 .
 ---pagebreak---                                                                                                                 2.
 Whereas total   harmonization in     this  area  is Whereas to facilitate proof of conformity
 necessary since children 's health and safety       with      the    essential       requirements        it    is
 cannot   be   allowed   to   remain    subject   to necessary      to    have   harinon i zed    standards     al
different    standards    of   protection   in   the European level in particular as to the design
various Member States ;                              and the composition of toys so that products
                                                     complying with them may be assumed to conform
                                                     to the essential requirements ; whereas these
                                                     standards harmonized at European level are
                                                     drawn up by private bodies and must remain
                                                     non-mandatory texts ; whereas for that purpose
                                                     the European Committee for Standardization
                                                     ( CEN )    and     the     European       Committee       for
                                                     Electrotechnical          Standardization         ( CENELEC )
                                                     are recognized as the competent bodies for
                                                     the adoption of harmonized standards in
                                                     accordance with the general guidelines for
                                                     co-operation between the Commission and those
                                                     two     bodies     signed     on   13    November       1984 ;
                                                     whereas for the purposes of this Directive a
                                                     harmonized          standard       is       a     technical
                                                     specification           ( European         standard        or
                                                     harmonization document )           adopted by one or
                                                     both of those bodies upon a remit from the
                                                     Commission in accordance with the provisions
                                                     of       Council       Directive        83 / 189 / EEC     of
                                                     28 March 1983 laying down a procedure for the
                                                     provision of information in the field of
                                                     technical standards and regulations (1 ) and on
                                                     the basis of the general guidelines ;
Whereas ,    in   accordance    with   the  Council  Whereas ,       in    accordance      with    the    Council
resolution   of 7 May 1985 on a new approach to
technical harmonization and standards' the
                                                     Resolution of 7 May 1985 on a new approach to
                                                     technical harmonization and standards ( 2 ) the
harmonization to be achieved should consist          harmonization to be achieved should consist
in    establishing      the     essential    safety  in      establishing         the     essential         safety
requirements to be satisfied by all toys if          requirements to be satisfied by all toys if
they are to be placed on the market ;                they are to be placed on the market ;
Whereas , in view of the size and mobility of        Whereas , in view of the size and mobility of
the toy market and the diversity of the              the toy market and the diversity of the
products concerned ,        the scope of this        products concerned ,             the scope of this
Directive should be determined on the basis          Directive      should be determined on            the basis
of a sufficiently broad definition of 'toys' ;       of a sufficiently broad definition of 'toys' ;
whereas nevertheless it should be specified          whereas nevertheless it should be specified
that some products are not to be regarded as         that some products are not to be regarded as
toys for the purposes of this Directive              toys for the purposes of this Directive
either because they are not in fact intended         either because they are not in fact intended
for children or because they call for                for children or because they call for
supervision or special conditions of use ;           supervision or special conditions of use ;
                                                     ( 1 ) OJ No L 109 , 26.5.1983 , p. 8 .
                                                     ( 2 ) OJ No C 136 , 4.6.1985 , p. 1 .
 ---pagebreak---                                                                                                              •J m
   Whereas toys placed on the market should not            Whereas toys placed on the market should not
   jeopardize the safety and /or health either of jeopardize the safety and / or health cither of
   children using the toys or of third parties , users or of third parties ;                      whereas the
  domestic animals or property ;           whereas the     standard    of   safety    of   toys     should   be
   standard of safety of            toys should be         determined in relation to the criterion of
  determined     in relation   to   the   criterion of     the use of the product as intended ,             but
  the use of the       product as      intended ,      but allowance should also bo made for                any
  allowance should also be made for any                    foreseeable use ,    bearing in mind the normal
  foreseeable use , bearing in mind the normal             behaviour of children who do not generally
  behaviour of children who do not generally               show the same degree of care as the average
  show the same degree of care as the average              adult user ;
  adult user ;
  Whereas the standard of safety of the toy                Whereas the standard of safety of the toy
  must be considered when it is marketed ,                 must be considered when it is marketed ,
  bearing in mind the need to ensure that this             bearing in mind the need to ensure that this
  standard      is   maintained      throughout        the standard     is   maintained     throughout      the
  foreseeable and normal period of use of the              foreseeable and normal period of use of the
  toy ;                                                    toy ; ■
  Whereas      compliance    with     the      essential   Whereas     compliance    with     the     essential
  requirements is likely to guarantee consumer             requirements is likely to guarantee consumer
  health and safety ; whereas all toys placed on           health and safety ; whereas all toys placed on
  the     market     must    comply       with       these the     market    must    comply      with     these
  requirements and , if they do , no obstacle              requirements and , if they do , no obstacle
  must be put in the way of their free                     must be put in the way of their free
  movement ;                                               movement ;
  Whereas toys may be presumed to comply with              Whereas toys may be presumed to comply with
  these essential requirements where they are              these essential requirements where they are
  in conformity with the European standards or             in conformity with the harmonized standards
  harmonization      documents     adopted       by    the reference     numbers   of    which     have    been
  European Committee for Standardization ( CEN )           published in the Official         Journal    of the
  or       the      European        Committee          for European Communities ;
  Electrotechnical Standardization ( CENELEC ) at
  the request of the Commission ,          in pursuance
  of     Council      Directive      83 / 189 / EEC     of
  28 March 1983 laying down a procedure for the
  provision of information in the field of
  technical standards and regulations ( 2 ) and the
  reference      numbers   of     which     have      been
  published in the Official          Journal      of   the
  European Communities ;
  Whereas toys that conform to a model Whereas toys that conform to a model
  approved by an inspection body may also be approved by an inspection body may also be
   regarded as complying with the essential regarded as complying with the essential
   requirements ; whereas such conformity must be requirements ; whereas such conformity must be
   certified by the affixing of a European mark ; certified by the affixing of a European mark ;
( 2 ) OJ No . L 109, 26.4.1983, p. 8 .
 ---pagebreak---                                                                                                       4.
 Whereas     manufacturers      who     decide     to
 manufacture toys in conformity with standards
 must have the choice either of submitting a
 model for approval or of informing an
 inspection body of their intention ;
Whereas certification procedures must be Whereas certification procedures must be
established to define the way in which established to define the way in which
national inspection bodies have to approve national inspection bodies have to approve
models of toys not in conformity with models of toys not in conformity with
standards      and     issue      type-examination standards          and     issue     type-examination
certificates for them and for toys in certificates for them and for toys in
conformity with standards , a model of which conformity with standards , a model of which
is submitted to them for approval ;                   is submitted to them for approval ;
l /hereas a procedure must also be established
to enable manufacturers to declare that their
toys are in conformity either with the
standards or with an approved model ; whereas
the option of making that                declaration
necessitates      the     setting      up    of     a
manufacturing surveillance system ;
Whereas adequate information for the Member           Whereas adequate information for the Member
States , the Commission and all the inspection        States , the Commission and all the inspection
bodies must be provided for at the various            bodies must be provided for at the various
stages of the certification and inspection            stages of the certification and inspection
procedures ;                                          procedures ;
Whereas for efficient inspection it must be
possible to 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 ; whereas
certain details concerning the manufacturer
or his authorized representative must also
appear on the packaging of the toys or on a
 label ;
Whereas Member States must appoint inspection         Whereas Member States must appoint inspection
bodies     for   application      of    the    system bodies     for    application     of   the   system
 introduced    for    toys ;     whereas adequate      introduced     for   toys ;     whereas adequate
 information on these bodies must be provided          information on these bodies must be provided
 and they must all comply             with   minimum  and    they    must   all    comply   with  minimum
 criteria for their approval ;                         criteria for their approval ;
 ---pagebreak---                                                                                                         5.
Whereas cases might arise where a toy does           Whereas cases might arise where a toy does
not      satisfy      the      essential     safety  not      satisfy       the      essential     safety
requirements ; whereas a reason must be given        requirements ; whereas a reason must be given
for this decision and where the reason is a for this decision and where the reason is a
shortcoming in the harmonized standards these shortcoming in the harmonized standards these
must be withdrawn from the list published by         must be withdrawn from the list published by
the Commission ;                                     the Commission ;
                                                     Whereas the Commission is to ensure that the
                                                     harmonized European standards in all the
                                                     areas covered by the essential requirements
                                                     set  out   in   Annex   II   are
                                                     drawn up in sufficient time to enable Member
                                                     States to adopt and publish the necessary
                                                     provisions by 30 June 1909 ; whereas the
                                                     national provisions adopted on the basis of
                                                     this Directive should consequently become
                                                     effective on 1 January 1990 ;
Whereas provision must be made for suitable          Whereas provision must be made for suitable
action to be taken against anyone wrongfully         action to be taken against anyone wrongfully
affixing a mark of conformity ;                      affixing a mark of conformity ;
Whereas checks on the safety of toys already         Whereas checks on the safety of toys already
on the market must be carried out by the             on the market must be carried out by the
competent authorities of the Member States ;         competent authorities of the Member States ;
Whereas for some categories of toys that are         Whereas for some categories of toys that are
particularly dangerous or intended for very          particularly dangerous or intended for very
young children warnings or details of                young children warnings or details of
precautions to be taken must also be given ;         precautions to be taken must also be given ;
Whereas the Commission must receive regular          Whereas the Commission must receive regular
information    on   the   activities   carried   out information     on  the    activities   carried   out
under    this    Directive    by   the   inspection  under this       Directive     by   the   inspection
bodies ;                                             bodies ;
Whereas   those    to   whom any    decision   taken Whereas    those   to   whom any     decision   taken
under this    Directive is    addressed must    know under this Directive is addressed must know
the reason for that decision and the remedies        the reason for that decision and the remedies
open to them ,                                       open to them ;
Whereas the opinion of             the   Scientific  Whereas     the opinion of the Scientific
Advisory Committee for the evaluation of the         Advisory Committee for the evaluation of the
toxicity     and     ecotoxicity     for   chemical  toxicity      and     ecotoxicity of        chemical
compounds has been taken into account with           compounds has been taken into account with
respect to the health-based limits of respect to the health-based limits of
bioavailability of metallic compounds in toys bioavailability of metallic compounds in toys
to children ,                                        to children ,
HAS ADOPTED THIS DIRECTIVE :                         HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                                                                                    6.
                     Article 1                                           Article 1
 1 . This Directive shall apply to toys . A         1 . This    Directive shall apply to toys . A
 'toy' means any product or material designed       'toy' means any product or material designed
and intended for use in play by children of and clearly intended for use in play by
 less than 14 years of age .                        children of less than 14 years of age .
2 . The products    listed in Annex I shall not     2 . The products listed in Annex I shall not
be regarded as toys for the purposes of this        be regarded as toys for the purposes of this
Directive .                                         Di recti ve .
                     Article 2                                           Article 2
1 . Toys may be placed on the market , sold or      1 . Toys may be placed on the market only if
distributed free of charge only if they do          they do not jeopardize the safety and / or
not jeopardize the safety and / or health of        health of users or third parties , when they
users or third parties , domestic animals and       are used as intended or in a foreseeable way ,
property when they are used as intended or in       bearing     in  mind   the  normal  behaviour  of
a foreseeable way , bearing in mind the normal      chi Idren .
behaviour of children .
2 . In the   condition   in  which it   is marketed 2 . In the condition in which it is placed on
and throughout the period of foreseeable and        the market , taking account of the period of
normal use ,    a toy must meet the safety and      foreseeable and normal use , a toy must meet
health     conditions      laid    down    in  this the safety and health conditions laid down in
Directive .                                         this Directive .
                                                    3 . For the purposes of this Directive , the
                                                    expression " placed on the market " shall
                                                    cover    both   sale  and  distribution   free of
                                                    charge .
                     Article 3                                           Article 3
Member States shall take all steps necessary        Member States shall take all steps necessary
to ensure that toys cannot be placed on the         to ensure that toys cannot be placed on the
market unless they meet the essential safety        market unless they meet the essential safety
requirements set out in Annex            II , below requirements set out in Annex II .
referred to as 'essential requirements' .
                     Article 4                                           Artide 4
Member States shall not impede the placing on       Member States shall not impede the placing on
the market , sale or distribution on their          the market on their territory of toys which
territory     of    toys     which    satisfy   the satisfy the provisions of this Directive .
provisions of this Directive .
 ---pagebreak---                                                                                                                7.
                            Artide 5                                               Article 5
 1 . Toys bearing a model identification number                1 . Member States shall presume compliance
 and the EC mark provided for in Article                    15 with the essential safety requirements
 certifying        conformity       with the harmonized        referred to in Article 3 in respect of toys
 standards       referred      to   in   paragraph 2 ,     the bearing the EC mark denoting conformity with
 reference         numbers       of    which      have   been  the relevant national standards incorporating
published in the C series of the Official                      the harmonized standards whose reference
Journal of the European Communities , shall be                 numbers have been published in the Official
presumed         to     comply      with    the     essential  Journal of the European Communities .      Member
requi rements .                                                States shall publish the reference numbers of
                                                               such national standards .
2 . Harmonized         standards     shall    be   understood  2 . Member States shall presume that toys in
to mean European standards or harmonization                    respect of which the manufacturer has not
documents adopted by the European Committee                    applied the standards          referred to in
for Standardization ( CEN ) or the European                    paragraph 1 , or has applied them only in
Committee                  for             Electrotechnical    part , or for which no such standards exist ,
Standardization          ( CENELEC )   at the request of       satisfy the essential requirements referred
the    Commission ,         in   pursuance     of   Directive  to in Article 3 where , after receipt of an
83 / 189 / EEC .                                               EEC type-examination certificate ,           their
                                                               conformity with the approved model has been
                                                               certified by the affixation of the EC mark .
3 . Toys bearing a model identification number
that are not in conformity with all or part
of   the    above-mentioned         standards     shall  also
be    presumed       to    comply     with   the    essential
requirements          where     their    conformity     to   a
model approved in pursuance of Article 10 is
certified by the affixing of the EC mark .
                            Article 6                                              Article 6
Where the Commission , at the request of a                     1 . Where a Member State or the        Commission
Member State or on its own initiative ,                        considers    that  the    harmonized    standards
considers ,         after consulting the Standing              referred to in Article 5 ( 1 ) do not entirely
Committee set up under Directive 83 / 189 / EEC ,              satisfy the essential requirements referred
hereinafter referred to as 'the Committee' ,                   to in Article 3 , the Commission or the Member
that a harmonized standard does not satisfy                    State shall refer the matter to the Standing
the essential requirements , it shall withdraw                 Committee set up under Directive 83 / 189 / EEC ,
the    reference number           of that     standard from    hereinafter   referred to as     " the Committee ,
the list published in the Offical Journal of                   setting out its reasons .    The Committee shall
the European          Communities .         The    Commission  issue an opinion as a matter of urgency .
shall       inform        the      Member     States     that
compliance with the standard in question                       After receiving the Committee 's opinion the
cannot confer on toys the presumption                          Commission shall notify the Member States
established by Article 5 ( 1 ).                                whether or not the standards concerned or a
                                                               part thereof have to be removed from the
                                                               publications referred to in Article 5(1 ).
                                                               2 . The Commission shall inform the European
                                                               standardization     body   concerned     and    if
                                                               necessary issue a new standardization brief .
 ---pagebreak---                                                                                                                8.
                       Artide 7                                                Article 7
 1 . Where a Member State ascertains that toys          1 . Where a Member State ascertains that toys
bearing the EC mark and used as intended or             bearing the EC mark which are used as
 in a foreseeable way as provided for in                intended or in accordance with Article 2 are
Article 2 ( 1 ) are likely to jeopardize the            likely to jeopardize the safety and / or health
safety and / or health of persons ,           domestic  of consumers and / or third parties , it shall
animals or property ,           it shall take all       take all appropriate measures to withdraw the
appropriate measures           to    withdraw     those products from the market , or to prohibit or
products from the market and prohibit their             restrict their placing on the market . The
placing on the market . The Member State shall          Member State shall inform the Commission
immediately      inform   the    Commission   and   the immediately of this measure and indicate the
other     Member   States   of    such   measures   and reasons     for    its     decision ,      stating     in
indicate the reasons for its decision ; in              particular whether the non-compliance results
particular ,      it shall specify whether the          from :
non-compliance results from :
( a ) failure      to     meet       the     essential  ( a ) failure      to      meet      the       essential
      requirements ,    if the toy does not meet              requirements , referred to in Article 3 ,
      the      standards       referred       to     in       if the toy does not meet the standards
      Article 5 ( 1 ),                                        referred to in Article 5 ( 1 ),
( b ) incorrect application of the           standards  ( b ) incorrect   application      of    the   standards
      referred to in Article 5 ( 1 ),                         referred to in Article 5 ( 1 ),
( c ) shortcomings in the standards referred to         ( c ) shortcomings in the standards referred to
      in Article 5 ( 1 ) themselves .                         in Article 5 C1 ) themselves .
2 . Where     the    reasons     for    the   decision  2 . The     Commission        shall       enter      into
referred to in paragraph 1 are shortcomings             consultation with the parties concerned as
in the standards , the Commission shall refer           soon as possible .             Where ,      after such
the matter to the Committee within two months           consultation ,     the Commission finds that any
if the Member State which took the measures             measure    as   referred     to   in   paragraph 1     is
intends to maintain them . If the Commission ,          justified , it shall immediately so inform the
after consulting the Committee , finds that             Member    State  that    took   the    action    and  the
the action is justified , it shall immediately          other    Member    States .     Where     the   decision
inform the Member States accordingly .                  referred to in paragraph 1 is attributed to
                                                        shortcomings        in     the     standards ,        the
                                                        Commission ,     after consulting the parties
                                                        concerned , shall bring the matter before the
                                                        Committee within two months if the Member
                                                        State which has taken the measures intends to
                                                        maintain      them     and    shall      initiate     the
                                                        procedures referred to in Article 6 .
3 . Where the EC mark has been wrongfully               3 . Where the toy which does not comply with
affixed to toys that do not comply with the             the    requirements     bears    the    EC   mark ,   the
essential requirements , the competent Member           competent Member State shall take appropriate
State shall take appropriate action against             action against whomsoever has affixed the
whomsoever has affixed the mark and shall               mark and shall inform the Commission and the
inform the Commission and the other Member              other Member States thereof .
States thereof .
4 . Whenever it finds that the action referred          4 . The    Commission      shall    ensure     that   the
to     in    paragraph 1      is    justified ,     the Member States are kept informed of                    the
Commission shall remind the Member States of            progress and outcome of this procedure .
their obligation to withdraw the toys from
the market and prohibit their placing on the
market .
 ---pagebreak---                                                                                                              9.
                        Article 8                                                Article 8
1 . Prior to the manufacture of toys :                    1.(a ) Before being placed on the market toys
                                                                  manufactured in accordance with the
 ( a ) in accordance with the standards referred                  harmonized standards referred to in
       to in Article 5 ( 1 )     the manufacturer or              Article 5 ( 1 ) must have affixed to them
       his authorized representative established                  the EC mark specified in Article 11 by
       within the Community shall :                               which     the     manufacturer      or    his
                                                                  authorized representative established
       - either inform an approved inspection                     within the Community confirms that the
         body   referred     to   in   Article    9   and         toys comply with those standards .
         forward to     it  the manufacturer 's      data
         sheet bearing a model          identification
         number for the toy ;
       - or submit for the EC type-examination
         referred to in Article 10 a specimen of
         the   toy     bearing     an   identification
         number ;
( b ) where    the    standards      referred     to   in    ( b ) The manufacturer or his authorized
       Article 5 ( 1 ) are not applied or are                     representative established within the
       applied only in part , the manufacturer or                 Community shall keep the following
       his authorized representative established                  information available for inspection :
       within the Community shall submit a
       specimen     of     the     toy    bearing      an    - a description of the means ( such as the
       identification           for        the         EC    use of a test report , technical file etc .)
       type-examination         referred       to      in    whereby        the      manufacturer       ensures
       Article 10 .                                          conformity       of     production     with    the
                                                             standards     referred     to  in   Article   5(1 )
                                                             ( this shall contain , as appropriate : an
                                                             EC type-certificate drawn up by an
                                                             approved body ; copies of the documents the
                                                             manufacturer has submitted to the approved
                                                             body ; a description of the means whereby
                                                             the manufacturer ascertains conformity
                                                             with the approved model );
                                                             - the      addresses      of   the    places    of
                                                             manufacture and storage ;
                                                             - detailed      information      concerning    the
                                                             design and manufacture .
                                                          Where     neither    the    manufacturer    nor   his
                                                          authorized representative are established
                                                          within the Community , the above obligation to
                                                          keep a dossier available shall be the
                                                          responsibility of the person who places the
                                                          toy on the Community market .
 ---pagebreak---                                                                                                         10 .
 2 . Toys manufactured in conformity with the    2 . ( a ) Toys which do not conform in whole or
 standards    referred to in Article   5 (1 ) or     in part to the standards referred to in
 with the approved model shall , prior to being      Article 5 ( 1 ) must have affixed to them
 placed on the market , be subject to the EC         before being placed on the market the EC
 declaration of conformity referred to in            mark specified in Article 11 by which the
 Article 11 .                                        manufacturer          or       his        authorized
                                                     representative       established        within the
                                                     Community confirms that the toy concerned
                                                     conforms      to    the     model     examined      in
                                                     accordance with the procedures laid down
                                                     in Article 9 which an approved body has
                                                     stated      complies      with     the     essential
                                                     requirements referred to in Article 3 ;
                                                     ( b ) the manufacturer ,       or his authorized
                                                     representive        established        within      the
                                                     Community ,      shall     keep     the    following
                                                     information available for inspection :
                                                     - a detailed description of manufacture ;
                                                     - a description of the means ( such as the
                                                     use of a test report , technical file etc .)
                                                     whereby        the       manufacturer         ensures
                                                     conformity with the approved model ;
                                                     - the      addresses      of    the      places     of
                                                     manufacture and storage ;
                                                     - copies of the documents the manufacturer
                                                     has submitted to an approved                body     in
                                                     accordance with Article 10(2 );
                                                     - the test certificate for the sample or a
                                                     certified copy thereof .
                                                 Where      neither    the    manufacturer       nor    his
                                                 authorized       representative      are     established
                                                 within the Community, the above obligation to
                                                 keep a dossier available shall be the
                                                 responsibility of the person who places the
                                                 toy on the market in the Community .
3 . The data sheet and correspondence relating   3 . In    the   event   of   non-observance       of   the
to the certification procedures referred to      obligations laid down in Article 8(1 ) ( b ) and
in paragraphs 1 and 2 shall be in an official    ( 2)(b ), the competent Member State shall take
language of the Member State in which the        appropriate measures to ensure               that    those
approved body is established .                   obligations are observed .
                                                 Where non-observance of the obligation is
                                                 obvious , it may in particular require the
                                                 manufacturer or his authorized representative
                                                 established within the Community to have a
                                                 test performed at his own expense within a
                                                 specified period by an approved body in order
                                                 to verify compliance with the harmonized
                                                 standards and essential safety requirements .
 ---pagebreak---                                                                                                          11 .
                       Artide 9                                              Article 9
 Each Member State shall notify the Commission          1 . Annex III contains the minimum criteria
and the other Member States of the approved             which Member States must meet as regards
inspection bodies responsible for carrying              approval     of  the    bodies    referred   to    in
out the certification procedures referred to            Articles 8(2 ) and 10 .
in Article 8 ( 1 )          and 2 .    The Commission
shall publish a list of these bodies , for
information 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 approved
any inspection bodies on its territory , it
shall give notification of at least one such
body approved by other Member States .
2 . Annex III lists the minimum criteria which          2 . Each   Member     State    shall    notify   the
Member States must meet as regards approval             Commission of the approved bodies responsible
of these inspection bodies .                            for carrying out the EC type-examination
                                                        referred to in Articles 8(2 ) and 10 , The
                                                        Commission shall publish a list of these
                                                        bodies , with the distinguishing numbers it
                                                        has given them , in the Official Journal of the
                                                        European     Communities    for    information   and
                                                        shall be responsible for updating it .
3. A   Member     State   which     has   approved   an 3 . A Member State which has approved a body
inspection body shall withdraw approval if it           shall withdraw approval if it finds that the
finds that the body no longer meets the                 body no longer meets the criteria listed in
criteria      listed  in   Annex III .       It   shall Annex III .     It shall immediately inform the
immediately      inform the    Commission     and   the Commission thereof .
other Member States .
4 . Only the Member State on whose territory
an approved inspection body is established
may withdraw or restrict that approval .
5 . An approved inspection body may carry out
the inspections referred to in this Directive
throughout the territory of the Community .
It     may ,       without     relinquishing        its
responsibility , delegate to another approved
body certain tasks that are incumbent upon
it .
            *          Article 10                                             Article 10
1 . EC type-examination is the procedure by             1 . EC type-examination is the procedure by
which an approved inspection body ascertains            which an approved body ascertains and
and certifies that a specimen of a toy                  certifies that a model of a toy satisfies the
satisfies        the     essential        requirements  essential requirements applicable to it .
applicable to it .
2 . The application for EC type-examination             2 . The application for EC type-examination
shall be lodged by the manufacturer or by his           shall be lodged with an approved body by the
authorized       representative with         a single   manufacturer       or      by     his     authorized
 approved inspection body in respect of a type           representative      established       within     the
 of toy .     The authorized representative shall        Community .
 be established in the Community .
 ---pagebreak---                                                                                                            12 .
The application shall include :                         The application shall include :
                                                        - a description of the toy ;
- the name and address of the manufacturer or           - the name and address of the manufacturer or
    of his authorized representative ,        and the       of his authorized representative(s ),          and
    place of manufacture of the toy ;                       the place of manufacture of the toy ;
- the    manufacturer 's  data   sheet   which    shall - comprehensive        manufacturing     and    design
    be accompanied by a toy , representative of             data ; and shall be accompanied by a model
    the planned production and bearing a model              of the toy to be manufactured .
    identification number .
3 . The approved body shall carry out the EC            3 . The approved body shall carry out the EC
type-examination in the manner described                type-examination        in   the   manner    described
below .                                                 below :
It shall examine both the manufacturer 's data          - it shall examine the documents supplied by
sheet , in order to check its adequacy ,            and     the applicant and establish whether they
the toy submitted .                                         are in order ;
When examining the toy , this body shall :              -    it   shall   check    that  the toy    would not
                                                            jeopardize safety and / or health as provided
( a ) verify that it has been manufactured in               in Article 2 ;
      conformity with the manufacturer 's data
      sheet and may be used in complete safety          - it      shall    carry out        the   appropriate
      under    the    conditions      set    out     in     examinations and tests - using as far as
      Article 2 ;                                           possible the harmonized standards - in
                                                            order to check whether the model meets the
( b ) carry out    appropriate    examinations and          essential requirements ;
      tests .
                                                        - it may ask for further examples               of the
                                                            model .
A. If the model complies with the essential             4 . If the model complies with the essential
requirements , the approved body shall draw up          requirements referred to in Article 3 , the
an EC type-examination certificate which                approved       body     shall    draw    up    an    EC
shall be forwarded to the applicant .              This type-examination certificate which shall be
certificate     shall  state   the   conclusions     of forwarded to the applicant . This certificate
the examination ,       indicate any conditions         shall       state    the      conclusions _ of      the
attaching to it and be accompanied by the               examination ,         indicate      any     conditions
descriptions , drawings and number necessary            attaching to it and be accompanied by the
for identification of the approved model .              descriptions and drawings of the approved
The approved inspection body shall send a               toy .
copy of the certificate to the other approved
bodies which may , on request , obtain a copy           The Commission , the other approved bodies and
of the technical file .         The Commission and      the other Member States may obtain on request
the Member States may , on request , obtain a           a copy of the certificate and , on reasoned
copy of the certificate , the technical file             request ,      a copy of the design and
and the reports .                                       manufacturing schedule and the reports on the
                                                        examinations and tests carried out .
5. A    body    which   refuses    to     issue ,    or  5 . An approved body which refuses to issue an
withdraws ,        an      EC      type-examination      EC type-examination certificate shall so
certificate , shall so inform the Member State           inform the Member State which approved it and
which approved it .       The latter shall inform        the    Commission ,      giving   the   reasons    for
the other Member States and the Commission ,             refusal .
giving the reasons for the decision .
 ---pagebreak---                       Artide 11
1 . The EC declaration of conformity is the
document whereby the manufacturer certifies
that toys conform to the standards referred
to in Article 5 ( 1 ) or to an approved model
and is subject to EC surveillance .
2 . A manufacturer fulfilling the obligations
arising out of Article 12 shall affix the EC
mark referred to in Article 15 to toys which
he declares to be in conformity .
3 . The   purpose   of   EC   surveillance    is  to
ensure , as required by Article 13 , that the
manufacturer duly fulfills the obligations
arising out of Article 12 .            It shall be
performed by the approved body which issued
the EC type-examination certificate referred
to in Article 10 where the                toys are
manufactured in accordance with an approved
model or by the approved body to which the
manufacturer 's     data    sheet    was   sent   in
compliance     with     the    first     indent   of
Article 8 ( 1)(a ).
                      Article 12
Before      commencing       manufacture ,       the
manufacturer must send the body responsible
for EC surveillance a document containing :
( a ) a reference to the information referred
      to    in     the      first      indent     of
      Article 8 ( 1)(a ) or the reference number
      of the EC type-examination certificate
      referred to in Article 10 and the toy
      type identification number ,
( b ) a description of the means of verifying
      conformity with the standards referred to
      in Article 5(1 ) or with the approved type
      and an undertaking to use those means
      during manufacture ,
( c ) the address of the places of manufacture
      and storage ■ and the date on which
      manufacture is to commence .
Moreover , the manufacturer shall authorize
access to those places of manufacture and
storage by the body responsible for EC
surveillance for inspection purposes , shall
allow this body to select specimen toys and
shall    provide   it   with   all   the   necessary
information .
 ---pagebreak---                                                         14 .
                       Artide 13
 1 . The  inspection body       responsible    for   EC
surveillance       shall    examine    the document
referred       to    in     Article 12     and      the
manufacturer 's data sheet , in order to check
its adequacy , when toys are not manufactured
in accordance with an approved type .
The body shall , during manufacture , ensure
that the manufacturer actually uses the means
of verification referred to in Article 12(b ).
It may also select toys at            random at     the
places of manufacture or              storage ,     for
inspection purposes .
2 . The body shall supply the Member State
which 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 Commission ,
the    other    Member    States    and   the     other
approved bodies may obtain that information
and a copy of the report on request .
                       Article 14
Where it is established that the EC mark has
been wrongfully affixed to toys :
- which do not conform to the approved type ,
- which conform to an approved type that does
    not meet the essential requirements ,
- which     do   not    conform   to   the   relevant
    standards referred to in Article 5(1 ),
- in respect of which the manufacturer has
    failed to fulfil his obligations under
    Article 12 ,
the    body    responsible    for   EC   surveillance
shall report      to the Member State       concerned
and ,    where    appropriate ,    withdraw     the  EC
type-examination certificate .
 ---pagebreak---                                                                                                    15 .
                     Article 15                                           Article 11
 1 . The    EC     mark      referred       to     in 1 . The EC mark referred to in Articles 5,7,
Articles 5 , 7 11 and 14       and      the      type and 8 and the name and / or trade name and / or
 identification number shall be affixed in a          mark and address of the manufacturer or his
visible , easily legible and indelible form to        authorized representative or the importer
the toy , or in the case of toys having more          into the Community shall as a rule be affixed
that one part , to the parts which may be used        either to the toy or on the packaging in a
separately or to the main parts of the toy .          visible , easily legible and indelible form .
In the case of small toys and toys consisting         In the case of small toys and toys consisting
of small parts , the mark and identification          of small parts these particulars may be
number may under the same conditions be               affixed in the same way to the packaging , to
affixed to the packaging or , should there be         a label or to a leaflet .     Where the said
no packaging , to a label .                           particulars are not affixed to the toy , the
                                                      consumer 's attention must be drawn to the
                                                      advisability of keeping them .
The EC mark shall consist of the symbol CE .          2 . The   EC   mark   shall    consist   of  the
It shall be accompanied by the mark of the            symbol " ".
approved inspection body responsible for EC
survei llance .
2 . The affixing to toys of marks or                  3 . The affixing to toys of marks or
inscriptions that are likely to be confused           inscriptions that are likely to be confused
with the EC mark shall be prohibited .                with the EC mark shall be prohibited .
3 . The packaging of toys or , if there is no         4 . The    particulars      referred    to   the
packaging , the toys themselves or the label          paragraph 1 may be abbreviated provided that
shall also bear the name and / or trade name          the abbreviation enables the manufacturer ,
and / or  mark    and    the    address     of    the his authorized representative or the importer
manufacturer or his authorized representative         into the Community to be identified .
or the importer into the Community .            These
particulars may be abbreviated insofar as the
abbreviation makes it possible to identify
the undertaking .
4 . Annex IV lays down the warnings and               5 . Annex IV   sets   out    the   warnings  and
indications of precautions to be taken during         indications of precautions to be taken during
use that have to be given for certain toys .          use that have to be given for certain toys .
Member States may require that these or other         Member States may require that these or
warnings and these or other indications of            other warnings and precautions or some of
precautions shall be given in their own               them , together with the information
national language or languages when the toys          specified in paragraph 4, be given in their
are marketed .                                        own national language or languages when the
                                                      toys are placed on the market .
                     Article 16                                           Article 12
1 . Member   States   shall    carry   out     sample 1 . Member States shall take the necessary
checks on toys which are on the market so as measures to ensure that sample checks are
to verify their conformity with the carried out on toys which are on their
provisions of this Directive .                        market , so as to verify their conformity with
                                                      the provision of this Directive .
 ---pagebreak---                                                                                                     16 .
                                                  The authority responsible for inspection :
                                                  - shall obtain access on request to the place
                                                     of manufacture or storage and to the
                                                     information referred to in Article 8(1)(b )
                                                     and 8(2 ) ( b );
                                                  - may ask the manufacturer , his authorized
                                                     representative or the person responsible
                                                     for marketing the toy established within
                                                     the Community to supply the information as
                                                     provided for in Article 8(1 ) ( b ) and 8(2 ) ( b )
                                                     within a period specified by the Member
                                                     State ;
                                                  - may select a sample and take it away for
                                                     examination and testing .
2 . For   the     purpose    of   updating   this 2 . Every three years Member States shall send
Directive ,    Member States shall send the       the Commission a report on the application of
Commission , every three years from the date      this Directive .
given in Article 19 ,         a report on the
application of this Directive including the
results of the checks provided for in
paragraph 1 .
                                                  3 . The Member States and the Commission shall
                                                  take the necessary measures to guarantee
                                                  confidentiality with regard to the forwarding
                                                  of    the       copies     relating    to    the    EC
                                                  type-examination            referred       to       in
                                                  Article 10(4 ).
                     Artide 17                                            Article 13
Member  States     shall   regularly  inform  the Member     States     shall   regularly   inform  the
Commission of the activities carried out       in Commission of       the activities    carried out   in
pursuance of this Directive by the bodies         pursuance ofthis Directive by        the bodies they
they have approved so that the Commission may     have approved so that the             Commission may
ensure that the inspection and surveillance       ensure that the inspection           procedures are
procedures    are    implemented   correctly  and implemented           correctly      and      without
without discrimination .                          discrimination .
                     Article 18                                           Article 14
Any decision taken by a Member State or an        Any decision taken pursuant to this Directive
approved inspection body pursuant to this         and involving restrictions on the placing of
Directive shall state the exact grounds on        the toy on the market shall state the exact
which it is based .      It shall be notified as  grounds on which it is based . It shall be
soon as possible to the party concerned ,     who notified as        soon as possible to the party
shall at the same time be informed of the         concerned ,       who shall at the same time be
remedies available to him under the laws in       informed of        the  remedies   available   to  him
force in the Member State in question and of      under the      laws in force in the Member State
the time limits applying to such remedies .       in question and of the time limits applying
                                                  to such remedies .
 ---pagebreak---                                                                                                                        17 .
                          Article 19                                                   Article 15
 1 . Member States shall* bring into force the                 1 . Member States shall adopt and publish by
 laws ,       regulations         and       administrative     30 June 1987 the provisions necessary to
provisions       necessary      to   comply      with    this  comply with        this    Directive .      They shall
Directive       not  later     than    1    January     1988 . forthwith inform the Commission thereof .
They    shall    forthwith      inform     the   Commission
thereof .                                                      They     shall    apply     these     provisions      from
                                                               1 January 1990 .
2 . Member     States    shall   communicate      the   texts  2 . Member States shall communicate to the
of the provisions of national law which they                   Commission the texts of the provisions of
adopt in the field covered by this Directive                   national law which they adopt in the field
to the Commission .                                            covered by this Directive .
                         Article 20                                                    Article 16
This    Directive     is    addressed      to   the   Member   This Directive is         addressed to       the Member
States .                                                       States .
                                                               Done at                              For the Council
                           ANNEX I                                                      ANNEX I
PRODUCTS       NOT   REGARDED       AS     TOYS     FOR   THE  PRODUCTS      NOT    REGARDED     AS    TOYS     FOR    THE
              PURPOSE OF THIS DIRECTIVE                                     PURPOSE OF THIS DIRECTIVE
                      ( Article 1(D )                                               ( Article 1(1 ))
      Christmas decorations ;                                    1 . Christmas decorations
      Detailed      scale        models        for      adult    2 . Detailed      scale      models       for      adult
      collectors ;                                                   collectors
      Equipment         intended         to      be      used    3 . Equipment        intended       to      be      used
      collectively in playgrounds ;                                  collectively in playgrounds
  4 . Sports equipment intended to be used for                   4 . Sports equipment
      training purposes ;
  5 . Aquatic equipment intended to be used in                   5 . Aquatic equipment intended to be used in
      deep water          and     flippers       used     for        deep water
      swimming ;
  6 . Folk dolls and decorative dolls and other                  6 . Folk dolls and decorative dolls and other
      similar articles for collectors ;                              simitar articles for adult collectors
  7 . Professional toys installed in public                      7 . " Professional " toys installed in public
      places ( shopping centres ,                 stations ,         places ( shopping centres , stations , etc .)
      etc .);
  8 . Puzzles with more than 500 pieces or                       8 . Puzzles    with    more   than    500   pieces     or
      without        pattern ,            intended        for        without pattern , intended for specialists
      specialists ;
  9 . Air guns and air pistols ;                                 9 . Air guns and air pistols ;                      ^
10 . Fireworks ;                                               10 . Fireworks , including toy pistol caps
11 . Slings and catapults ;                                    11 . Slings and catapults
12 . Sets of darts .                                           12 . Sets of darts with metallic points
                                                               13 . Electric ovens , irons or other functional
                                                                     products operated at a nominal voltage
                                                                     exceeding 24 volts
                                                               1     Excepting pistol caps specifically designed
                                                                     for use in toy pistols without prejudice of
                                                                     more severe provisions already existing in
                                                                     certain Member States
 ---pagebreak---                                                                                                        18 .
                                                      14 . Products containing heating elements
                                                            intended for use under the supervision of
                                                            an adult in a teaching context
                                                      15 . Vehicles with combustion engines
                                                      16 . Toy steam engines
                                                      17 . Bicycles designed for sport or for travel
                                                           on the public highway
                                                      18 . Video toys that can be connected to a
                                                            video screen ,      operated at a nominal
                                                            voltage exceeding 24 volts
                                                      19 . Babies' dummies
                                                      20 . Faithful reproductions of real fire arms
                                                      21 . Fashion jewellery for children .
                        ANNEX II                                             ANNEX II
    ESSENTIAL SAFETY REQUIREMENTS FOR TOYS                ESSENTIAL SAFETY REQUIREMENTS FOR TOYS
I. General principles                                 I. GENERAL PRINCIPLES
1 . In compliance with the requirements of            1 . In compliance with the requirements of
    Article 2 of this Directive , the users of            Article 2 of this Directive , the users of
    toys as well as other persons and domestic            toys as well as third parties must be
    animals ,       shall     be    protected ,    in     protected against health hazards and risk
    circumstances of normal or reasonably                 of physical injury when toys are used as
    foreseeable use of such toys ,            against     intended or in a forseeable way , bearing
    risks to health and of corporal injury :              in mind the normal behaviour of children .
                                                          Such risks are those :
    ( a ) which are due to the construction and           ( a ) which are connected with the design ,
          composition of the toy ;                              construction or composition of the
                                                                toy ;
    ( b ) which are inherent in the use of the            ( b ) which are   inherent in the use of the
          toy   and    cannot    be   eliminated   by           toy    and     cannot     be    completely
          modifying the toy 's construction and                 eliminated    by   modifying   the   toy 's
          composition     without     altering    its           construction and composition without
          function    or   depriving     it  of   its           altering its function or depriving it
          essential properties .                                of its essential properties .
2 . ( a ) The degree of risk present in the use       2 . ( a ) The degree of risk present in the use
          of a toy shall not be incommensurate                  of a toy must be commensurate with the
          with the capacity of the users , and ,                ability of the users ,       and ,   where
          where      appropriate ,       of     their           appropriate , their supervisors to cope
          supervisors to cope with it .                         with it . This applies in particular to
                                                                toys which ,      by virtue of their
                                                                functions ,          dimensions         and
                                                                characteristics , are intended for use
                                                                by children under 36 months .
 ---pagebreak---                                                                                                                     19 .
        ( b ) To respect this principle , a minimum                  < b ) To observe this principle ,       a minimum
              age for users of toys and / or the need                      age for users of toys and / or the need
              to ensure that they are used only                            to ensure that they are used only
              under adult supervision should               be              under adult supervision must              be
              specified where appropriate .                                specified where appropriate .
       ( 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                 3 . Labels on toys and / or their packaging
      as       the   instructions        for     use    which        and     the    instructions    for    use   which
      accompany them ,        must be such as to draw ,              accompany them must draw the attention of
      in an effective and comprehensive way , the                    users     or their supervisors fully and
      attention        of       users      and / or     their        effectively to the risks involved in using
      supervisors , as appropriate , to the risks                    them    and   to the   ways of    avoiding such
      involved in using them and to the ways of                      risks .
      avoiding such risks .
II . Particular risks                                          II . PARTICULAR RISKS
1 . Physical and mechanical properties                         1 . Physical and mechanical properties
( a)Toys and parts thereof and , in the case of                ( a ) Toys and their parts and , in the case of
      fixed toys , their anchorages shall have                       fixed toys , their anchorages , must have
      the requisite mechanical strength to                           the requisite mechanical strength and ,
      withstand stresses imposed by their use                        where appropriate , stability to withstand
      without rupture or deflection susceptible                      the stresses to which they are subjected
      of inflicting corporal injury .                                during use without breaking or becoming
                                                                     liable     to   distortion   at    the   risk   of
                                                                     causing physical injury .
( b ) Accessible edges ,           protrusions ,       cords , ( b ) Accessible edges ,       protrusions ,     cords ,
      cables and fastenings on toys shall be so                      cables and fastenings on toys must be so
      designed and constructed that they avoid                       designed and constructed that the risks of
      risks of corporal injury from contact with                     physical injury from contact with them are
      them .                                                         reduced as far as possible .
( c ) Access to moving or movable parts of toys                ( c ) Toys must be so designed and constructed
      shall       be  so     restricted      as    to   avoid        as to minimize the risk of physical injury
      corporal       injury      susceptible      of    being        which could be caused by the movement of
      inflicted because of their motion .                            certain parts .
( d ) Toys , and parts thereof which are easily                ( d ) Toys , and their component parts and any
      susceptible of being detached from the                         detachable parts of toys which are clearly
      assemblies to which they belong , shall be                     intended for use by children under 36
      of such dimensions as to prevent their                         months must be of such dimensions as to
      being swallowed .                                              prevent      their   being   swallowed     and /or
                                                                     inhaled .
 ---pagebreak---                                                                                                         20 .
 ( e ) Toys , and parts thereof , and the packaging    ( e ) Toys , and their parts and the packaging in
       in which such toys or parts are contained             which they are contained for retail sale
       for retail sale shall not present risks of            must not present risk of strangulation or
       strangulation or suffocation .                        suffocation .
( f ) Toys intended for use in water or capable        ( f ) Toys   intended for    use in   shallow water
      of bearing a child on to the water shall               which     are    capable    of   carrying   or
      not present risks of drowning .                        supporting a child on the water must be
                                                             designed and constructed so as to reduce
                                                             as far as possible ,      taking into account
                                                             the recommended use of the toy , any risk
                                                             of loss of buoyancy and loss of support
                                                             given to the chi Id .
( g ) Toys capable of being entered and which          ( g ) Toys which it is possible to get inside
      may thereby constitute an enclosed space               and which thereby constitute an enclosed
      for occupants shall incorporate a means of             space for occupants must have a means of
      exit easily capable of being opened from               exit which the latter can open easily from
      the inside by any occupant .                           the inside .
( h ) Toys conferring mobility on their users          ( h ) Toys conferring mobility on their users
      shall , so far as feasible , incorporate               must , as far as possible , incorporate a
      means of braking commensurate with the                 braking system which is suited to the type
      momentum they generate and easily capable              of toy and is commensurate with the
      of operation by their users without risks              kinetic energy developed by it .       Such a
      of ejection therefrom or of injurious                  system must be easy for the user to
      impact therewith .                                     operate       without risk of ejection or
                                                             physical injury for the user or for third
                                                             parties .
                                                       ( i ) The form and composition of projectiles
                                                             and the kinetic energy they may develop
                                                             when fired from a toy designed for that
                                                             purpose must be such that , taking into
                                                             account the nature of the toy , there is no
                                                             unreasonable risk of physical injury to
                                                             the user or to third parties .
                                                                               «
( i)Toys containing heating elements shall be          ( j)Toys containing heating elements         must be
      so   constructed    as  to   ensure   that   the       so constructed as to ensure that :
      maximum    temperatures    attained   by   their
      external attained surfaces or other parts              - the      maximum    temperature     of   any
      not heated for functional purposes shall                 accessible surfaces does not cause burns
      not    be  such   as   to   cause   burns   when         when touched ;
      touched .
                                                             - liquids and gases contained within toys
                                                               do not    reach temparatures or pressures
                                                               which are such that their escape from a
                                                               toy , other than for reasons essential to
                                                               the proper functioning of the toy , might
                                                               cause burns , scalds or other physical
                                                                injury .
 ---pagebreak---                                                                                                                 21 .
 2 . Flammabi lity                                         2 . Flammability
a ) Toys      shall   not   constitute      a   dangerous  a ) Toys must        not    constitute a dangerous
      flammable       element     in      the     child 's      flammable       element      in     the     child 's
     envi ronment .                                             environment .       They    must    therefore be
                                                                composed of materials which :
     They must therefore be                composed of
     materials which do not burn if directly                    1 ) do not burn if directly exposed to a
     exposed to a flame or spark or other                           flame or spark or other potential seat
     potential source of ignition , which are                       of fire ;
     not readily flammable or have technical
     specifications which make them virtually                   2 ) or are not readily flammable ( the flame
     so ( the flame goes out as soon as the                         goes   out   as   soon   as  the   fire   cause
     ignition source is removed ) or which ,           if           disappears ) ;
     they do ignite , burn slowly and present a
     low rate of spread of the flame , or which                 3 ) or ,  if they do ignite , burn slowly and
     are treated , without prejudice relating to                    present a     low   rate of    spread of    the
     the toy 's chemical composition , in such a                    flame ;
     way as to delay the combustion process .
                                                                4 ) or , irrespective of the toy 's chemical
                                                                    composition , are treated so as to delay
                                                                    the combustion process .
     Such       combustible    material       shall   not       Such     combustible      materials      must   not
     constitute a risk of ignition for other                    constitute a risk of ignition for other
     materials used in the toy or susceptible                   materials used in the toy .
     of contact with the toy .
b ) Toys       which    contain ,      for     functional  b ) Toys which for reasons essential to their
     reasons ,        dangerous       substances       or       functioning contain dangerous substances
     preparations        within    the      meaning    of       or preparations as defined in Council
     Article 2(2 )       of     Community       Directive     , Directive 67 / 548 / EEC relating          to the
     79 / 831 / EEC , in particular , materials and             classification , packaging and labelling of
     equipment for chemistry experiments , model                dangerous      substances ,       in    particular
     assembly , plastic or ceramic moulding ,                   materials and equipment for chemistry
     enamelling ,       photography or analogous                experiments ,     model assembly ,      plastic or
     activities must not contain as such ,                      ceramic moulding , enamelling , photography
     substances or preparations which may                       or similar activities must not contain , as
     become      flammable   due    to    the    loss  of       such , substances or preparations which may
     non-flammable volatile components .                        become flammable due to the                loss   of
                                                                non-flammable volatile components .
                                                           c ) Toys must       not be explosive or contain
                                                                elements or substances likely to explode
                                                                when used as specified in Article 2(1 ) of
                                                                the Directive .
 ---pagebreak---                                                                                                        22 .
                                                     d ) Toys ,  and in particular        chemical games
                                                         and toys must          not contain      as   such
                                                         substances or preparations :
                                                         - which when mixed , may explode :
                                                            - through chemical reaction ,      or through
                                                              heating ;
                                                            - when mixed with oxidizing substances ;
                                                         - which contain volatile components which
                                                            are flammable in air and liable to form
                                                            flammable      or     explosive    vapour / air
                                                            mixture .
3 . Chemical properties                              3 . Chemical properties
i ) Toys shall be so designed and manufactured       1 . Toys must be so designed and constructed
    that they do not present risks to health             that ,     when      used    as   specified     in
    or of corporal injury by ingestion or                Article 2(1 ) of the Directive , they do not
    inhalation    or   contact   with   the   skin ,     present      health    hazards    or   risks    of
    mucous tissues or eyes .                             physical injury by ingestion , inhalation
                                                         or contact with the skin , mucous tissues
                                                         or eyes .
                                                         They must in all cases comply with the
                                                         relevant Community legislation relating to
                                                         certain categories of products or to the
                                                         prohibition ,       restriction of       use or
                                                          labelling of certain dangerous substances
                                                         and preparations .
ii ) a ) In total , for the protection of the        2 . In particular ,        for the protection of
         health of children bioavailability              children 's      health ,        bioavailability
         resulting from the use of toys shall            resulting from the use of toys must not ,
         not exceed , on a daily basis :                 as an objective ,         exceed the following
                                                          levels per day :
         0,2 ug for antimony ;                           0,2 ug for antimony ;
         0,1 ug for arsenic ;                            0,1 ug for arsenic ;
         25,0 ug for barium ;                             25,0 ug for barium ;
         0,6 ug for cadmium ;                            0,6 ug for cadmium ;
         0,3 ug for chrome ;                              0,3 ug for chrome ;
         0,7 ug for lead ;                                0,7 ug for lead ;
         0,5 ug for mercury ;                             0,5 ug for mercury ;
         5,0 ug for sélénium ;                            5,0 ug for sélénium ;
         or such other values as may be laid              or such other values as may be laid down
         down for these or other substances       in      for these or other substances in Community
         Community    Legislation   from   time  to       legislation based on scientific evidence .
         time based on scientific evidence .
                                                          The bioavailability of         these substances
                                                          means     the      soluble     extract    having
                                                          toxicological significance .
 ---pagebreak---      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    3 . As a general rule toys must not contain
           reasons ,        dangerous     substances    or      dangerous substances or preparations as
           preparations within the meaning of                   defined in Directive 67 / 548 / EEC , which may
           Article 2(2 ) of Community Directive                 harm the child 's health when the toy is
           7 9 / 831 / EEC , in particular , materials          used .
           and         equipment       for       chemistry
           experiments , model assembly , plastic               However ,   where a limited number of
           or ceramic moulding ,              enamelling ,      substances or preparation are essential to
           photography or analagous activities                  the functioning of certain toys ,             in
           shall comply with the requirements                   particular materials and equipment for
           for classification ,           packaging and         chemistry experiments ,        model assembly ,
           labelling laid down in Community                     plastic or ceramic moulding , enamelling ,
           legislation           relative      to     such      photography or similar activities , they
           substances and preparations .                        are    permitted       up     to    a    maximum
                                                                concentration level to be defined for each
                                                                substance or preparation by mandate after
                                                                consultation of the Committee installed by
                                                                Directive    83 / 189 / EEC ,    provided    the
                                                                permitted substances and preparations
                                                                comply with the Community classification
                                                                rules in respect of labelling , without
                                                                prejudice to the provisions in point 4 of
                                                                Annex IV .
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 .
 ---pagebreak--- c ) Toys may not contain as such , or in any
    dangerous form or level of concentration ,
    the substances 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
    f lammable / explosive vapour air mixtures .
5 . Electrical properties                            4 . Electrical properties
a ) Toys which are activated by electric power       a ) Electric toys must not be powered by
    shall be supplied with electricity at a               electricity of a nominal voltage exceeding
    tension not exceeding 24 volts except when            24 volts and no part of the toy may exceed
    the function performed by the toy is                  24 volts .
    infeasible , for practical reasons , within
    that limit of tension .
b ) Parts of toys which are connected to , or        b ) Parts of toys which are connected to ,      or
    susceptible of being in contact with , a              liable to come into contact with a source
    source of electricity capable of causing              of electricity capable of causing electric
    electric shock , together with the cables             shock , together with the cables or other
    or    other      conductors     through    which      conductors through which electricity is
    electricity is conveyed to such parts ,               conveyed to such parts , must be properly
    shall be so insulated and mechanically                insulated and mechanically protected so as
    protected as to prevent the risk of such              to prevent the risk of such shock .
    shock .
c ) Toys activated by electricity shall be so        c ) Electric    toys   must  be  so  designed and
    designed and constructed as to ensure that            constructed as to     ensure that the maximum
    the maximum temperatures           attained   in      temperatures    reached     by  all  directly
    operation by their external surfaces for              accessible surfaces are not       such  as to
    other accessible parts are not such as to             cause burns when touched .
    cause burns when touched .
6 . Hygiene                                           5 . Hygiene
The materials of which the toy is made and            Toys must be so designed and manufactured as
substances contained in it must , when the toy        to meet the requirements of hygiene and
is marketed , be clean and hygienic to such a         cleanliness in order to avoid any risk of
degree as to avoid any risk of infection and          infection , sickness and contamination .
sickness .
 ---pagebreak---                                                                                                                25 .
 7 . Radioactivity                                        6 . Radioactivity
 Toys must not contain radioactive elements or            Toys must not contain radioactive elements or
 substances in forms or proportions likely to             substances in forms or proportions likely to
be detrimental to a child 's health .                     be detrimental to a child 's health .            Euratom
                                                          Directive 80 / 836 shall apply .
                      ANNEX III                                                  ANNEX III
CONDITIONS TO BE      FULFILLED BY     THE  INSPECTION    CONDITIONS TO BE FULFILLED BY THE INSPECTION
                          BODIES                                                   BODIES
                   ( Article 9(2 ))                                           ( Article 9(2 ))
The laboratories designated by the Member                 The bodies designated by the Member States
States must fulfil the following minimum                  must       fulfil      the       following       minimum
conditions :                                              condi t ions :
1 . Availability     of     personnel    and    of    the 1 . Availability      of    personnel     and    of  the
     necessary means and equipment ,                          necessary means and equipment ,
2 . Technical competence           and    professional    2 . Technical competence            and    professional
     integrity of personnel ,                                 integrity of personnel ,
3 . Independence , in carrying out the tests ,            3 . Independence ,     in carrying out the tests ,
     preparing the         reports ,     issuing the          preparing     the      reports ,      issuing    the
     certificates        and       performing         the     certificates         and        performing       the
     surveillance      provided      for     in     this      surveillance       provided       for     in    this
     Directive ,     of      staff    and    technical        Directive ,       of     staff     and    technical
     personnel in relation to all circles ,                   personnel in relation to all circles ,
     groups or persons directly or indirectly                 groups or persons directly or indirectly
     concerned with toys ,                                    concerned with toys ,
4 . Maintenance    of     professional     secrecy     by 4 . Maintenance    of     professional      secrecy   by
     personnel ,                                              personnel ,
5 . Subscription       of      a   civil     liability    5 . Subscription       of      a    civil     liability
     insurance unless that liability is covered               insurance unless that liability is covered
     by the state under national law .                        by the state under national law .
Fulfilment of     the   conditions     under   1   and  2 Fulfilment of     the conditions under 1 and 2
shall be verified at intervals by the                     shall     be   verified      at    intervals     by  the
competent authorities of the Member States .              competent authorities of the Member States .
 ---pagebreak---                                                                                                          26 .
                        ANNEX IV                                                 ANNEX IV
 WARNINGS AND INDICATIONS OF PRECAUTIONS TO BE           WARNINGS AND INDICATIONS OF PRECAUTIONS TO BE
               TAKEN WHEN USING TOYS                                     TAKEN WHEN USING TOYS
                   ( Article 15(4 ))                                        ( Article 11(5 ))
 The warnings and indications set out in this            Toys must be accompanied by appropriate
Annex concern general categories of toys .               legible warnings in order to reduce inherent
                                                         risks    in   their    use  as   described  in  the
                                                         essential requirements , and specifically :
1 . Toys which should not be given to children           1 . Toys which should not be given to children
    under 36 months                                          under 36 months
Toys which might be dangerous for children               Toys which might be dangerous for children
under 36 months of age shall bear either a               under 36 months of age shall bear either a
warning , for example :           'Not suitable for      warning , for example :          'Not suitable for
children under 36 months of age' or 'Not                 children     under 36 months'     or  'Not suitable
suitable for children under three years of               for children under three years' together with
age' or more precise information , for example           a brief indication , which may also appear in
: 'For children from three to five years'                the instructions for use , of the specific
together with a brief indication , which may             risks calling for this restriction .
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 ,            This provision does not apply to toys which ,
on account of their function , dimensions ,              on account of their function , dimensions ,
characteristics , properties or other cogent             characteristics , properties or other cogent
grounds ,     are manifestly unsuitable for              grounds ,      are manifestly unsuitable for
children under 36 months .                               children under 36 months .
2 . Slides ,     suspended      swings   and     rings , 2 . Sledges ,     suspended swings and rings ,
    trapezes ,   ropes and similar toys attached             trapezes ,    ropes and similar toys attached
    to a crossbeam                                           to a crossbeam
Such     toys     shall      be     accompanied      by  Such      toys     shall     be    accompanied    by
instructions drawing attention to the need to            instructions drawing attention to the need to
carry out checks and maintenance of the main             carry out checks and maintenance of the main
parts ( suspensions ,        fixings ,    anchorings ,   parts ( suspensions , fixings , anchorages , etc . )
etc .) at intervals , and pointing out that if           at intervals , and pointing out that if these
these checks are not carried out the toy may             checks are not carried out the toy may cause
cause a fall or overturn .                               a f al l or overturn .
Instructions must also be given as to correct            Instructions must also be given as to correct
assembly of the toy , indicating those parts             assembly of the toy , indicating those parts
which     can    present      dangers    if     it   is  which      can present dangers if            it   is
incorrectly assembled .                                  incorrectly assembled .
 ---pagebreak--- • 3 . Functional toys                                  3 . Functional toys
  Functional toys or thoir packaging shall bear        functional toys or Choir packaging sh.il I bom
  the marking 'Warning : use under the direct          the marking 'Warning : to be used under the
  supervision of an adult' .                           direct supervision of an adult' .
  In addition , these toys shall be accompanied        In addition , these toys shall be accompanied
 by directions giving working instructions as          by directions giving working instructions as
 well as the precautions to be taken by the            well as the precautions to be taken by the
 user , with the warning that failure to take          user , with the warning that failure to take
 these precautions would expose the user to            these precautions would expose the user to
 the hazards - to be pointed out - normally            the hazards - to be specified - normally
 associated with the appliance or product of           associated with the appliance or product of
 which the toy is a scale model or an                  which the toy is a scale model or an
 imitation .       It will also be indicated that      imitation .     It will also be indicated that
 the toy must be kept out of the reach of very         the toy must be kept out of the reach of very
 young children .                                      young children .
  'Functional toys' means toys which fulfil the        'Functional toys' means toys which are used
 same function as , and are often scale models         in the same way as ,         and are often scale
 of ,     certain      products ,     appliances    or models    of ,    appliances     or    installations
 installations intended for adults .                   intended for adults .
 4 . Toys      containing     inherently    dangerous  4 . Toys    containing      inherently     dangerous
      substances or preparations ; chemical toys           substances or preparations . Chemical toys
 a ) Without prejudice to the application of           a ) Without prejudice to the application of
      the provisions laid down in Community                the provisions laid down in Community
      Directives       on     the     classification ,     Directives       on     the      classification ,
      packaging and labelling of dangerous                 packaging and labelling of dangerous
      substances        or     preparations ,      the     substances        or     preparations ,      the
      instructions for use of toys containing              instructions for use of toys containing
      inherently       dangerous     substances     or     inherently      dangerous       substances    or
      preparations shall bear a warning of the             preparations shall bear a warning of the
      dangerous nature of these substances or              dangerous nature of these substances or
      preparations and an indication of the                preparations and an indication of the
      precautions to be taken by the user in               precautions to be taken by the user in
      order to avoid hazards , in particular the           order   to  avoid    hazards    associated  with
      risk of ingestion , associated with them ,           them , which shall be specified concisely
      which     shall      be  specified     concisely     according to the type of toy .         The first
      according to the type of toy .        The first      aid to be given in the event of serious
      aid to be given in the event of serious              accidents resulting from the use of this
      accidents resulting from the use of this             type of toy shall also be mentioned .         It
      type of toy shall also be mentioned .         It     shall also be stated that the toys must be
      shall also be stated that the toys must be           kept out of reach of very young children .
      kept out of reach of very young children .
 b ) In addition to the instructions provided          b ) In addition to the instructions provided
      for in ( a ), chemical toys shall bear the           for in ( a ), chemical toys shall bear the
      following marking on their packaging :               following marking on their packaging :
      'Warning :    for children over 10 years of          'Warning : for children over (xx) ^ years
      age only .    Use under the supervision of an        of age     only .      For   use    under  adult
      adult' .                                             supervision' .
                                                        3 Age to be decided by the manufacturer
 ---pagebreak--- . In particular the following are regarded as          In particular tho following .ire rnq.inlod as
  cluMnical toys :      chemistry sets ,      plastic  chemical toys :           chemistry sets ,     plastic
  embedding sets ,       miniature workshop for        embedding sets ,           miniature workshop for
  ceramics ,   enamelling or photography and           ceramics ,      enamelling or photography and
  similar toys .                                       similar toys .
  5 . Skateboards for children                         5 . Skates and skateboards for children
  If these products are offered for sale as            If these products are offered for             sale as
 toys they shall bear the marking :                    toys they shall bear the marking :
  'Warning :   protective    equipment    should   be  'Warning :      protective     equipment   should    be
 worn' .                                               worn ' .
 Moreover    the    instructions    for   use   shall  Moreover     the     instructions     fo  use   shall
 contain a reminder that the toy must be used          contain a reminder that the toy must be used
 with caution , since it requires great skill ,        with caution ,      since it requires great skill ,
 and away from public thoroughfares , so as to         so as to avoid falls or collisions causing
 avoid falls or collisions causing injury to           injury to the user and third parties .             Some
 the user and third parties .       Some indication    indication shall also be given as to
 shall also be given as to recommended                 recommended protective equipment ( helmets ,
 protective      equipment    ( helmets ,     gloves , gloves , knee-pads , elbow-pads , etc .).
 knee-pads , elbow-pads , etc .).
                                                       6 . Toys intended for use in water
                                                       The toys intended for use in water defined in
                                                       section    1(f )   of   Annex  II  shall  contain the
                                                       warning in accordance with the CEN 's brief to
                                                       adapt standard EN / 71 , parts 1 and 2 :
                                                       " Warning !      Only to be used in water in which
                                                       the child is          within   its  depth   and   under
                                                       supervision "