CELEX: 51983PC0323(01)
Language: en
Date: 1983-06-15
Title: Proposal for a Council Directive on the approximation of the laws of the Member States concerning the safety of toys

29. 7. 83                         Official Journal of the European Communities                          No C 203/1
                                                          II
                                                   (Preparatory Acts)
                                            COMMISSION
             Proposal for a Council Directive
               I. on the approximation of the laws of the Member States concerning the safety of
                  toys
              II. on common technical safety standards concerning the physical and mechanical
                  properties of toys
             III. on common technical safety standards concerning the flammability of toys
                            (Submitted to the Council by the Commission on 23 June 1983)
                                                           I
             Proposal for a Council Directive on the approximation of the laws of the Member States
                                             concerning the safety of toys
THE COUNCIL OF THE EUROPEAN                                    Community consumers, especially children, with
COMMUNITIES,                                                   adequate protection against the hazards arising from
                                                               the products in question;
Having regard to the Treaty establishing the
European Economic Community, and in particular                 Whereas these obstacles to the establishment and
Article 100 thereof,                                           functioning of the common market should be
                                                               removed, and whereas for this purpose the
Having regard        to    the   proposal     from    the      marketing of and trade in toys should be made
Commission,                                                    subject to uniform rules, applicable in all Member
                                                               States, based on the objectives regarding protection
Having regard to the opinion of the European                   of consumer health and safety as set out in the
Parliament,                                                    Council resolution of 14 April 1975(');
Having regard to the opinion of the Economic and               Whereas total harmonization in this area is
Social Committee,                                               necessary, since children's health and safety cannot
                                                               be allowed to remain subject to different standards
Whereas several Member States have mandatory
                                                               of protection in the various Member States;
rules governing the safety characteristics of toys, but
these rules differ in their scope and content; whereas
this situation produces major barriers and creates
unequal conditions of competition within the
Community, as well as failing to provide                       (i) OJ No C 92, 25.4. 1975, p. 1.
 ---pagebreak---  No C 203/2                       Official Journal of the European Communities                            29. 7. 83
Whereas in view of the size and mobility of the toy          standards once these standards are compatible with
market and the diversity of the products concerned,          the aims and the principles of this Directive;
the scope of this Directive should be determined.on
 the basis of a sufficiently broad definition of 'toy';
 but whereas certain products should be excluded             Whereas, to ensure that the Directive is properly
 from the scope of the Directive whilst some others,         applied by those responsible for placing toys on the
 which are particularly dangerous for children and           market, it is essential that laboratories of assured
 limited in number, must not be marketed as toys;            impartiality be available in the Member States to
                                                             verify on request the conformity of toys to the
                                                            common technical standards and to issue certificates
 Whereas toys placed on the market should not               of conformity; whereas, to facilitate inspections by
endanger the safety or health of children using the         the Member States' authorities, parties obtaining
toys or third parties; whereas the standard of safety       such a certificate should be entitled to affix to toys
of toys should be determined in relation to the             conforming to the tested samples the EEC symbol of
criterion of correct use of the product in question,        conformity described in the Directive and
but with allowance also made for reasonably                 recognized as evidence of conformity by the
foreseeable misuse by children, who generally do            abovementioned authorities;
not show the same degree of care as the average
adult user;
                                                            Whereas, to avoid paralyzing the ever-changing
Whereas the provisions of general law governing the         technology in the toy industry at the stage
responsibility of parents, supervisors and teachers         represented by the common technical standards,
are an essential complement to the safety measures          manufacturers should be allowed to make toys to
provided for in the Directive, and whereas this law         technical specifications other than those required by
imposes the obligation, as regards the choice of toys       the standards, provided that such specifications
and the supervision of children at play, in particular      accord with the general safety objectives set out in
to observe the minimum age limits specified for             the Directive and that the manufacturer establishes
certain toys and make sure that any necessary safety        the safety of his technical innovations by obtaining a
precautions recommended in the instructions are             report on the toy concerned from a recognized
taken;                                                      laboratory, which should be mentioned in a note
                                                            accompanying the product;
Whereas because of their differing properties and
characteristics toys may present different types of         Whereas it is necessary for the operation of the
hazard arising from their construction or                   system of toy safety set up by the Directive that
composition or from incorrect use of the product;           checks should be carried out, not necessarily on a
whereas the most important and most common                  systematic basis, by the Member States' authorities
types of hazard should be stated, and the general           on the safety of toys on their markets; whereas in
safety objectives which toys should satisfy in regard       view of the inevitable difficulties such checks will
to such hazards should be set out;                          face because of the vast numbers of toys on sale,
                                                            consumers and consumer associations should be
Whereas hazards inherent solely in the use of toys          enabled to play an active party by drawing the
can be avoided only by indicating and drawing the           authorities' attention to toys which have proved
consumer's attention to the precautions to be taken         dangerous in use or have caused accidents, possibly
in their use; whereas appropriate indications should        on the basis of a technical report prepared by one of
if necessary accompany toys; and whereas for                the recognized laboratories;
particular types of toy they should be laid down in
the Directive and made mandatory;                           Whereas cases might arise where a toy, although
                                                            complying with the provisions of Articles 4 to 6 of
Whereas hazards arising from the construction or            this Directive, in particular the common technical
composition of toys can be eliminated only if their         standards, nevertheless presents a hazard to the
construction and composition is subject to technical        health and safety of users; whereas, therefore, a
safety specifications; whereas such specifications          safeguard clause establishing a suitable procedure
should be incorporated, with the relevant testing           should be laid down for dealing with such cases;
methods, in common technical standards for toys
applicable in all the Member States;                        Whereas, in line with the principles set out in the
                                                            Council resolution of 14 April 1975, any toys found
Whereas the common technical standards for the              to be dangerous should be withdrawn from the
different aspects of toy safety will be laid down           market without delay; whereas, whenever a Member
separately in specific Directives, taking into account      State orders such a withdrawal, the other Member
as far as possible the relevant international               States and the Commission should be informed
 ---pagebreak--- 29. 7. 83                        Official Journal of the European Communities                           No C 203/3
without delay so that it is effective throughout the                                Article 2
Community;
                                                            1. Taking into account the use for which they are
                                                            normally intended and the reasonably foreseeable
Whereas toy advertising, especially on television, is       misuse children can make of them, toys must not
a powerful instrument of persuasion and incitement          endanger the safety or health of users or third
to purchase such products, affecting both the child         parties. To this end they must, whatever the
and the people who form its family environment;             circumstances, comply with the general safety
whereas it is therefore vital, if toy safety is to be       objectives listed in Annex II.
ensured, that the advertising of toys be subject,
without prejudice to the application of national
legislation    and    Community       Directives on         2. A toy must meet the safety conditions laid down
misleading advertising, to basic provisions aimed at        in this Directive in the state in which it is marketed.
protecting consumers from being misled as to the            These conditions shall continue to apply in the
safety characteristics and performance of toys and          course of time, but allowance shall be made for wear
ensuring that they are informed of the safety               due to the use provided for in paragraph I.
precautions and age limits relating to the use of
certain toys;
Whereas the common technical standards laid down
in the Directives on toy safety will need to be                                     Article 3
adapted promptly to take account of advances in             1. Member States shall take all steps necessary to
technology and of the experience gained in                  ensure that toys cannot be placed on the market
protecting the health and safety of the consumer;           unless they comply with the provisions of this
whereas, to enable the necessary steps to be taken to       Directive and of the Directives provided for in
this effect, a procedure should be set up providing         Article 4(1).
for close cooperation between the Member States
and the Commission through a Committee for the
Directives on Toy Safety; whereas this procedure
should also be applied in determining the methods
for taking whatever samples may be necessary,               2. Member States may not, for reasons related to
                                                            safety, refuse, prohibit, restrict or hinder the placing
                                                            on the market and the free circulation within the
                                                            Community of toys which comply, under the
HAD ADOPTED THE FOLLOWING DIRECTIVE:                        conditions provided for in Articles 4 to 6, with the
                                                            provisions of Article 2.
                       Article 1                                                    Article 4
 1. This Directive shall apply to toys.                     1. In order to comply with the provisions of
                                                            Article 2, toys must be in conformity with the
A 'toy' means any product manifestly intended for           technical specifications for construction and
use in play by children of not more than 14 years of        composition referred to in the second subparagraph
age, including writing, drawing and colouring               and bear the information prescribed by Article 6.
materials and handicraft equipment marketed as
instruments of play for such children.                      Specific Council Directives shall determine common
                                                            technical toy safety standards, concerning in
2. The products listed in Annex I shall be excluded         particular:
from the scope of this Directive.
                                                            (a) mechanical and physical properties;
3. Marketing of the following products as toys              (b) flammability;
shall be prohibited:                                        (c) chemical properties;
(a) novelties and jokes;                                    (d) electrical properties.
(b) compressed-air weapons;
                                                            The general safety objectives set out in Annex II
(c) fireworks;                                              shall remain directly applicable to toy safety aspects
(d) slings and catapults.                                   which are not covered by those standards.
 ---pagebreak--- No C 203/4                        Official Journal of the European Communities                              29. 7. 83
2. Member States shall take all necessary steps to           2. Any toys likely to give rise to specific dangers
enable any manufacturer, importer or vendor who              inherent in their use or the use of which requires
wishes to verify the conformity of the toy to the            special precautions or abilities shall bear, either
standards referred to in paragraph 1 to have the             directly or on their packaging, a concise warning
appropriate tests carried out by the laboratories            drawing attention to these dangers and stating
designated in accordance with the terms of                   whether supervision is necessary. This warning shall
Article 14 and to obtain a certificate of conformity         be accompanied or where appropriate replaced by a
to those standards.                                          notice indicating precautions which must be taken
                                                             when using the toy.
A manufacturer, importer or vendor who has
obtained such a certificate may affix the EEC                Annex III and the Directives referred to in Article 4
symbol of conformity referred to in Annex IV (1), in         (1) prescribe the information which has to be given
accordance with Article 6 and only to toys identical         in this case for certain toys and the manner in which
with the tested sample.                                      it is to be given.
Without prejudice to other forms of evidence, the            3. The particulars specified in paragraphs 1 and 2
apparance on toys of the symbol referred to in the           shall be displayed in easily legible and clearly visible
previous subparagraph shall be accepted by the               characters of no less than 1,5 millimetres in height;
competent authorities as a presumption of                    the essentials shall also appear in the catalogues and
conformity with the common technical standards.              folders used in offering the goods for sale to the
                                                             consumer.
                       Article 5
                                                             In the case of small toys without individual
1. Toys may also be manufactured according to                packaging, the particulars to be given on the toy or
technologically innovative processes entirely or             its packaging may be given on a label or separate
partially entailing technical safety specifications          slip or on the bulk packaging if this exists.
other than those provided for in the common
technical standards referred to in Article 4 (1),            Any declarations or pictures other than those
provided that these specifications meet the general          referred to in this Article must not cause any
safety objectives set out in Annex II.                       confusion with the latter.
For this purpose, the manufacturer, importer or              4. Member States may require that the particulars
vendor shall have the toy examined by a laboratory           provided for in paragraphs 1 and 2 shall also be
designated in accordance with Article 14, and shall          given in their own national language or languages.
obtain a technical report certifying that the toy
complies with the conditions referred to in the
previous subparagraph. The note referred to in
Annex IV (2) shall accompany the toy with the other
particulars referred to in Article 6 (1) and (2).                                    Article 7
2. The Member States shall notify the Commission             1. The Member States shall ensure that products
                                                             on the market are inspected to ascertain their
of instances of the application of this Article for the
                                                             conformity with the provisions of this Directive and
purposes of the possible implementation of the
                                                             the Directives provided for in Article 4(1).
procedure referred to in Article 13.
                                                             2. Interested persons and organizations may notify
                                                             the inspecting authorities of the Member States, on
                       Article 6
                                                             the basis of a detailed statement of reasons and
1. The packaging of toys or the toys themselves if           possibly a technical report drawn up by a competent
there is no packaging shall bear the following               laboratory, that the safety of toys which have caused
particulars:                                                 accidents or which have proved dangerous for users
                                                             should be verified. Where necessary, these
(a) the name and/or trade name and/or mark as                authorities will then carry out the inspection
    well as the address of the manufacturer or the           provided for in paragraph 1.
    importer and/or vendor. These particulars may
    be abbreviated in so far as the abbreviation             3. With a view to updating this Directive, every
    makes it possible, in a general and evident              three years from the date of application specified in
    manner, to identify the undertaking.                     Article 15 the Member States shall forward to the
(b) where appropriate, the EEC symbol of                     Commission the results of the inspections referred to
    conformity and/or the number of the technical            in paragraph 1 and any useful information on
    report referred to in Annex IV.                          accidents caused by toys.
 ---pagebreak--- 29. 7. 83                          Official Journal of the European Communities                         No C 203/5
                        Article 8                                                     Article 11
1. Where a Member State has good grounds for                  1. The amendments necessary for adapting the
considering that one or more toys, although                   common technical standards laid down in the
complying with the provisions of Articles 4 to 6, in          Directives provided for in Article 4 (1) to technical
particular the common technical standards referred            progress and to experience gained in protecting the
to in Article 4(1), represent a hazard to the safety or       safety and health of the consumer shall be adopted
health of the user and therefore are not consistent           in accordance with the procedure laid down in
with the general safety principle set out in Article 2,       Article 13.
it may temporarily prohibit the marketing of these
products in its territory or attach special conditions        2. The sampling            methods    and     whatever
thereto. It shall immediately inform the other                amendments thereto are necessary shall be adopted
Member States and the Commission, stating in                  in accordance with the same procedure.
detail the grounds for its decision.
2. The Commission shall, within six weeks, consult                                    Article 12
the Member States concerned, following which it               1. A 'Committee for the Directives on Toy Safety',
shall deliver its opinion without delay and take the          hereinafter called 'the Committee', is hereby set up.
appropriate steps.                                            It shall consist of representatives of the Member
                                                              States with a representative of the Commission as
3. If the Commission is of the opinion that
                                                              chairman.
technical amendments to this Directive are
necessary, such amendments shall be adopted in                 2. The Committee shall adopt its own rules of
accordance with the procedure laid down in Article            procedure.
 13. In that event, any Member State which has
 adopted safeguard measures may maintain them
until the entry into force of the amendments.                                         Article 13
                                                               1. Where the procedure laid down in this Article is
                                                              to be followed, matters shall be referred to the
                                                              Committee by the chairman, either on his own
                        Article 9                             initiative or at the request of the representative of a
                                                               Member State.
The Member States shall take all necessary steps to
ensure that their competent authorities promptly               2. The representative of the Commission shall
withdraw, or have withdrawn, from the market any               submit to the Committee a draft of the measures to
toys which do not comply with the general safety              be adopted. The Committee shall deliver its opinion
principle enunciated in Article 2 and are therefore            on the draft within a time limit set by the chairman
shown to be dangerous to the health and safety of              depending on the urgency of the matter. Opinions
consumers.                                                     shall be adopted by the majority provided for in
                                                               Article 148 (2) of the Treaty for the adoption of
They shall inform the Commission and the other                 decisions which the Council is required to take on a
 Member States as soon as possible of any                      proposal from the Commission. For votes taken in
 withdrawal measures as referred to in the previous            the Committee, the votes of representatives of the
 paragraph.                                                    Member States shall be weighted as provided for in
                                                               the aforementioned Article. The chairman shall not
                                                               vote.
                        Article 10
                                                               3. (a) The Commission shall adopt the proposed
 1. Any advertising of toys not conforming to this                    measures when they are in accordance with
 Directive shall be prohibited.                                       the opinion of the Committee.
                                                                  (b) Where the proposed measures are not in
 2. Advertisements must not mislead consumers
                                                                      accordance with the opinion of the
 concerning     the     safety    characteristics    and
                                                                      Committee, or if no opinion is delivered, the
 performance of a toy or the abilities and aptitudes
                                                                      Commission shall without delay propose to
 the child must have in order to use it without danger.
                                                                      the Council the measures to be adopted. The
 Furthermore, for the toys referred to in Article 6 (2),
                                                                      Council shall act by a qualified majority.
 they shall draw attention, possibly by simply
 referring to the instructions for use, to the                    (cj If, within three months of the proposal being
 precautions to be taken by the user and the                          submitted to it, the Council has not acted, the
 minimum age for use as laid down in this                             proposed measures shall be adopted by the
 Directive.                                                           Commission.
 ---pagebreak--- No C 203/6                          Official Journal of the European Communities                               29. 7. 83
                        Article 14                                                         Article 15
1. Each Member State shall designate the                          1. The Member States shall adopt and publish the
laboratories authorized to carry out the tests of                 provisions necessary to comply with this Directive
conformity provided for in Article 4 (2) and to draw              and shall forthwith inform the Commission thereof.
up the technical reports provided for in Article 5(1)
and shall notify the other Member States and the
                                                                  They shall apply these provisions from [1 January
Commission accordingly.
                                                                  1985] at the latest.
2. The laboratories referred to in paragraph 1 must
fulfil the minimum conditions set out in Annex V.                 2. As soon as this Directive has been notified,
                                                                  Member States shall also ensure that the
3. The list of laboratories designated by each                    Commission is informed, in sufficient time for it to
Member State shall be given adequate publicity at                 submit its comments, of any draft laws, regulations
national level. It shall also be published, for                   or administrative provisions which they intend to
information, in the Official Journal of the European              adopt in the field covered by this Directive.
Communities.
4. Each Member State shall inform the other
Member States and the Commission without delay
of any change concerning the laboratories referred                                         Article 16
to in paragraph 1. All such changes shall be
publicized in accordance with paragraph 3.                        This Directive is addressed to the Member States.
                                                         ANNEX I
                         PRODUCTS EXCLUDED FROM THE SCOPE OF THE DIRECTIVE
                                                       (Article 1 [2])
              1. Christmas decorations;
              2. Vehicles with combustion engines for children;
              3. Detailed scale models for adult collectors;
              4. Equipment intended to be used collectively in playgrounds;
              5. Sports equipment intended to be used for training purposes;
              6. Aquatic equipment intended to be used in deep water and flippers used for swimming;
              7. Folklore and decorative dolls and other similar articles for collectors;
              8. Professional toys installed in public places (shopping centres, stations, etc.)
              9. Puzzles with more than 500 pieces or without pattern, intended for specialists;
             10. Video toys connected to television sets;
             11. Electric or electronic musical instruments for children;
 ---pagebreak--- 29. 7. 83                          Official Journal of the European Communities                               No C 203/7
                                                         ANNEX II
                                         GENERAL TOY SAFETY OBJECTIVES
                                                        (Article 2 (1|)
          1.   Hazards due to construction or composition and hazards inherent in use
               In accordance with Article 2, the health and safety of the child must be protected:
               (a) against hazards due to the toy's construction and/or composition: such hazards are
                    eliminated if the construction and composition of the toy are in accordance with the
                    technical safety specifications;
               (b) against hazards which are inherent in the use of the toy and cannot be eliminated by
                    modifying the toy's construction and composition without altering its function or
                    depriving it of its essential properties: such hazards are avoided or reduced by drawing
                    the user's attention to the dangers of the product and to the precautions which must be
                    observed and, in some cases, by setting a minimum age for using the toy.
               More stringent technical specifications and/or appropriate instructions are laid down for
               toys which, by virtue of their functions, dimensions and characteristics, are likely to be
               intended for infants and very young children, especially those below the age of 36 months.
          2.   Miscellaneous hazards
               The hazards referred to in points 1 (a) and (b) take on — in accordance with the different
               properties characterizing the toys — different aspects which can appear in a variety of
               combinations in the products: in such cases, it is necessary to examine the conformity to
               Article 2 and to ensure it with regard to all safety aspects of the toy under consideration.
               These miscellaneous hazards are detailed in points 2.1 to 2.6 below, together with the
               relevant general safety objectives.
          2.1. Physical and mechanical properties
                In this connection, it is in particular necessary to eliminate or avoid:
               — the risks of injuries, falls, burns, suffocation, etc. and of impairing the child's physical
                    health in any way as a consequence of the toy's physical and mechanical properties,
               — risks to a child's sight or hearing which might be presented by toys and risks of drowning
                    which can be caused by toys for use in water and by the various floating articles capable
                    of bearing a child out on water (children's boats, inflatable or non-inflatable, air beds
                    with 'window' sections, rafts, etc.), offered for sale as toys.
          2.2. Flammability
               Toys should not constitute a dangerous flammable element in the child's environment.
               They must therefore be
               — either composed of materials which do not burn if directly exposed to a flame,
               — or made of materials which are not readily flammable or have technical specifications
                    which make then virtually so: the flame goes out as soon as the ignition source is
                    removed,
               — or made of materials which, if they do ignite, burn slowly and present a low rate of
                   spread of the flame, or which are treated — to the general safety objectives without
                   prejudice relating to the toy's chemical composition — in such a way as to delay the
                   combustion process.
               Furthermore, toys should not contain as such any substances or preparations which,
               according to Article 2 (2) of Directive 79/831/EEC ('), present a high risk of catching fire,
               apart from the fuels which are essential to the working of certain toys.
          (!) Council Directive of 18 September 1979 amending for the sixth time Directive 67/548/EEC
              on the approximation of the laws, regulations and administrative provisions relating to the
              classification, packaging and labelling of dangerous substances (OJ No L259, 15. 10. 1979,
              pp. 11 and 12).
 ---pagebreak--- No C 203/8                          Official Journal of the European Communities                                   29. 7. 83
          2.3. Chemical properties
                Toys must be designed and produced in such a way as to avoid risks which may derive from
                the chemical properties of the materials, substances and preparations of which they are
                made.
                This concerns in particular risks of acute and chronic poisoning, of corrosive or irritant
                action or of allergenic effects which can arise as a consequence of swallowing, inhalation or
                contact with the skin, the mucous membranes and the eyes and which are connected with the
                presence of dangerous substances or preparations in the toy.
                The general safety objectives below must therefore be pursued.
                A. Toys which include in their composition substances and preparations which are regarded
                    as dangerous within the meaning of Article 2 (2), subparagraphs (f) to (n) of Directive
                    79/831/EEC may not release toxic elements through swallowing or contact in a quantity
                    likely to present a danger to a child.
                    This rule applies in particular to the toys which are intended to be kept in contact with
                    the skin or which comprise a coating of paint, lacquer, varnish or similar substances, to
                    graphic toys, toys made of plastic, textiles or any other materials which are likely to entail
                    the hazards referred to in this paragraph, unless these toys by reason of their function,
                    size and other demonstrable characteristics, obviously exclude any chance of swallowing
                    or irritation through contact.
                B. Toys may not contain, as such, the dangerous substances and preparations referred to
                    under A at levels of concentration or in a form likely to harm the health of a child
                    through contact or inhalation. If, however, it is not possible in the case of certain toys to
                    use substances or preparations which exhibit such levels of concentration without thereby
                    changing the basic function or characteristics of the toys, higher levels shall as an
                    exception be permitted where this is absolutely vital, provided that precise indications are
                    given, in accordance with Annex III (3), regarding the dangers presented by these toys
                    and the precautions which are to be followed.
                    The risks of accidentally swallowing such substances and preparations must always be
                    specifically indicated, whatever their level of concentration may be.
                    The above rules apply in particular to toys containing children's paints, specifically
                    finger paints, glues and solvents, inks, detergents and other household products as well as
                    the chemical toys defined in Annex III (4).
                C. Toys may not include in their composition or contain as such the substances and
                    preparations whose use is prohibited or limited by Community Directives (')•
                D. Pending adoption of the Directive on chemical properties provided for in Article 4 (}):
                    — toys intended for infants and very young children and those intended to be put to the
                        mouth or to contain foodstuffs must comply, as regards their composition, with
                        Community Directives (2) or, in their absence, with national regulations relating to
                        materials coming into contact with foodstuffs. Furthermore, they may not contain, as
                        such, the dangerous substances and preparations referred to in A, whatever their level
                        of concentration may be,
                    — Community Directives concerning the safety of consumer goods, such as the
                        Directive relating to cosmetic products (3), food colouring agents (4), etc., are also
                        applicable to toys containing such products or imitations of these products.
           (i) In particular Directives 76/768/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 201) and
               79/663/EEC of 24 July 1979 (OJ No L 197, 3. 8. 1979, p. 37).
           (2) In particular Directive 76/893/EEC of 23 November 1976 (OJ No L 340, 9. 12. 1976, p. 19)
               and Directive 78/142/EEC of 30 January 1978 (OJ No L44, 15. 2. 1978, p. 15).
           (3) Directive 76/768/EEC of 27 July 1976 (OJ No L 262, 27. 9. 1976, p. 169) and successive
               amendments.
           (4) EEC Directive of 23 October 1962 (OJ No 115, 11. 11. 1962, pp. 2645-2662) and successive
               amendments.
 ---pagebreak--- 29. 7. 83                         Official Journal of the European Communities                                    No C 203/9
          2.4. Risk of explosion
                In this connection, the safety objectives below are to be pursued:
               (a) toys must not be explosive or contain elements or parts likely to explode (e.g.
                    aerosols);
                (b) the risks of explosion and bursting caused by the overcompression of liquids or gases
                    which permit the functioning of certain toys must be avoided;
                (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.
          2.5. Electrical properties
                Toys must be designed and manufactured in such a way as to avoid risks which may arise
                from their properties and electrical components.
                This concerns particularly risks of burns caused by the toy overheating, and risks of electric
                shocks arising from the power supply, the insulation of the toy, the corrosion of certain
                parts, etc.
          2.6. Hygiene
                The materials of which the toy is made and substances contained in it must, when the toy is
                marketed, be clean and hygienic to such a degree as to avoid any risk of infection and
                sickness.
                This principle applies particularly to toys made of textiles or paper, toys used for disguise or
                toys which contain padding.
          2.7. Radioactivity
                Toys must not contain radioactive elements or substances in forms or proportions likely to
                be detrimental to a child's health.
                                                         ANNEX III
          WARNING AND INDICATIONS OF PRECAUTIONS TO BE TAKEN WHEN USING TOYS
                                                        (Article 6 |2|)
          The warnings and indications set out in this Annex concern general categories of toys; they are
          complemented by those provided for in the Directives referred to in Article 4 (1) for specific toys
          and risks.
           1. Toys which should not be given to children under 36 months
              Toys which might be dangerous for children under 36 months of age shall be marked 'NOT
              SUITABLE FOR CHILDREN UNDER 36 MONTHS OF AGE' or 'NOT SUITABLE FOR
              CHILDREN UNDER THREE YEARS OF AGE', followed by a brief indication, which may
              also appear in the instructions, of the specific risks calling for this restriction (e.g. danger of
              swallowing, cutting edges, toxicity).
              This provision does not apply to toys which, on account of their function, dimensions,
              characteristics, properties or other cogent grounds, are mainfestly unsuitable for children
              under 36 months.
           2. Toboggans, suspended swings and rings, trapezes, ropes and similar toys attached to a
               crossbeam
              Such toys shall be accompanied by instructions which shall draw attention to the need to
              carry out checks and maintenance of the main parts (suspensions, fixings, anchorings, etc.) at
              intervals, and which shall point out that if these checks are not carried out the toy may cause a
              fall or overturn.
 ---pagebreak--- No C 203/10                      Official Journal of the European Communities                                 29. 7. 83
             Instructions must also be given as to correct assembly of the toy, indicating those parts which
             can present dangers if it is incorrectly assembled.
          3. Functional toys
             Functional toys or their packaging shall bear the marking 'WARNING: USE UNDER THE
             DIRECT SUPERVISION OF AN APULT'.
             In addition, these toys shall be accompanied by directions giving working instructions, as well
             as the precautions to be taken by the user, with the warning that failure to take these
             precautions would expose the user to the hazards — to be pointed out — normally associated
             with the appliance or product of which the toy is a scale model or an imitation. It will also be
             indicated that the toy must be kept out of the reach of very young children.
             'Functional toys' means toys which fulfil the same function as, and are often scale models of,
             certain products, appliances or installations intended for adults.
          4. Toys containing inherently dangerous substances or preparations. Chemical toys (see Annex II,
             2.3 B)
             (a) Without prejudice to the application of the provisions laid down in Community Directives
                 on the classification, packaging and labelling of dangerous substances and preparations,
                 the instructions for use of toys containing inherently dangerous substances or preparations
                 shall bear a warning of the dangerous nature of these substances or preparations and an
                 indication of the precautions to be taken by the user in order to avoid the hazards, in
                 particular the risk of swallowing, associated with them, which shall be specified concisely
                 according to the type of toy. It shall also be stated that the toys must be kept out of the
                 reach of very young children.
             (b) In addition to the instructions provided for in (a), chemical toys shall bear the following
                 marking on their packaging: 'WARNING: FOR CHILDREN OVER 10 YEARS OF
                 AGE ONLY. USE UNDER THE SUPERVISION OF AN ADULT.
                 In particular the following are regarded as chemical toys: chemistry sets, plastic
                 embedding sets, miniature work-shops for ceramics, enamelling or photography, and
                 similar toys.
          5. Skateboards for children
             If these products are offered for sale as toys they shall bear the marking: 'WARNING:
             PROTECTIVE EQUIPMENT SHOULD BE WORN'.
             Moreover, the instructions for use shall contain a reminder that the toy must be used with
             caution, since it has to be used with great skill away from public thoroughfares if falls or
             collisions causing injury to the user and third parties are to be avoided. Some indication shall
             also be given as to recommended protective equipment (helmets, gloves, knee pads, elbow
             pads, etc.).
                                                       ANNEX IV
          1. EEC symbol of conformity with the common technical safety standards provided for in
             Article 4 (1)
             The EEC symbol of conformity consists of a capital epsilon 8 mm high, enclosed in an
             hexagon and accompanied by the following letters, at least 2 mm high, indicating the common
             technical standards according to which the toy has been tested and with which it has been
             found to comply:
             M = physical and mechanical properties,
             F = flammability,
             C = chemical properties,
             E = electrical properties.
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             Example of an EEC symbol of conformity for a toy which has passed the tests on physical
             and mechanical properties, flammability and electrical properties:
                                                       r^ M
                                                       CI
          2. Note to accompany toys meeting specifications other than those laid down in the common
             technical safety standards (Article 5)
             The note 'CONFORMITY REPORT No . . . BY LABORATORY ...', giving the name of the
             laboratory which drew up the report, shall appear on the toy or its packaging as specified in
             Article 6. If necessary the EEC symbol of conformity referred to in paragraph 1 can be
             added.
                                                      ANNEX V
                          CONDITIONS TO BE FULFILLED BY THE LABORATORIES
                                                    (Article 13 [2D
          The laboratories designated by the Member States must fulfill the following minimum
          conditions:
          1. Availability of personnel as well as of the necessary means and equipment;
          2. Technical competence of personnel;
          3. Independence, in carrying out the tests and preparing the technical reports provided for in
             this Directive, of staff and technical personnel in relation to all circles, groups or persons
             directly or indirectly concerned with the field of toys;
          4. Maintenance of professional secrecy by personnel.
          Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent
          authorities of the Member States.