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

21. 12. 87                                  Official Journal of the European Communities                                 No C 343/31
               Amended proposal for a Council Directive on the approximation of the laws of the Member States
                                                      concerning the safety of toys
                                                            COM(87) 467 final
               (Submitted by the Commission to the Council on 6 October 1987 pursuant to the third paragraph of
                                                     Article 149 of the EEC Treaty)
                                                             (87/C 343/02)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                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
Having regard to the Treaty establishing the European                   1983 laying down a procedure for the provision of
Economic Community, and in particular Article 100A                      information in the field of technical standards and
thereof,                                                                regulations (2) and on the basis of the general guidelines;
Having regard to the proposal from the Commission (1),                  Whereas, in accordance with the Council resolution of 7 May
                                                                        1985 on a new approach to technical harmonization and
                                                                        standards ( 3 ), the harmonization to be achieved should
In cooperation with the European Parliament,
                                                                        consist in establishing the essential safety requirements to be
                                                                        satisfied by all toys if they are to be placed on the market;
Having regard to the opinion of the Economic and Social
Committee,
                                                                        Whereas, in view of the size and mobility of the toy market
                                                                        and the diversity of the products concerned, the scope of this
Whereas the laws, regulations and administrative provisions             Directive should be determined on the basis of a sufficiently
in force in Member States relating to the safety characteristics        broad definition of'toys'; whereas, nevertheless, it should be
of toys differ in scope and content; whereas such disparities           specified that some products are not to be regarded as toys for
are liable to create barriers to trade and unequal conditions of        the purposes of this Directive either because they are not in
competition within the internal market without necessarily              fact intended for children or because they call for supervision
affording consumers in the common market, especially                    or special conditions of use;
children, effective protection against the hazards arising
from the products in question;
                                                                        Whereas toys placed on the market should not jeopardize the
                                                                        safety and/or health either of users or of third parties;
Whereas these obstacles to the attainment of an internal                whereas the standard of safety of toys should be determined
market in which only sufficiently safe products would be sold           in relation to the criterion of the use of the product as
should be removed; whereas for this purpose the marketing               intended, but allowance should also be made for any
and free movement of toys should be made subject to uniform             foreseeable use, bearing in mind the normal behaviour of
rules based on the objectives regarding protection of                   children who do not generally show the same degree of care
consumer health and safety as set out in the Council                    as the average adult user;
resolution of 6 May 1986 on a new impetus for consumer
protection policy;
                                                                        Whereas the standard of safety of the toy must be considered
                                                                        when it is marketed, bearing in mind the need to ensure that
Whereas, to facilitate proof of conformity with the essential           this standard is maintained throughout the foreseeable and
requirements, it is necessary to have harmonized standards at           normal period of use of the toy;
European level in particular as to the design and the
composition of toys so that products complying with them                Whereas compliance with the essential requirements is likely
may be assumed to conform to the essential requirements;                to guarantee consumer health and safety; whereas all toys
whereas these standards harmonized at European level are                placed on the market must comply with these requirements
drawn up by private bodies and must remain non-mandatory                and, if they do, no obstacle must be put in the way of their
texts; whereas, for that purpose, the European Committee                free movement;
for Standardization (CEN) and the European Committee for
Electrotechnical Standardization (Cenelec) are recognized
as the competent bodies for the adoption of harmonized                  Whereas toys may be presumed to comply with these
standards in accordance with the general guidelines for                 essential requirements where they are in conformity with the
cooperation between the Commission and those two bodies                 harmonized standards reference numbers of which have been
signed on 13 November 1984; whereas, for the purposes of                published in the Official Journal of the European
this Directive, a harmonized standard is a technical                    Communities;
specification (European standard or harmonization
                                                                        (2) OJNoL109, 26. 5. 1983, p. 8.
(») OJ No C 282, 8.11. 1986, p. 4.                                      (3) OJNoC136, 4. 6. 1985, p. 1.
 ---pagebreak--- No C 343/32                               Official Journal of the European Communities                                    21. 12. 87
Whereas toys that conform to a model approved by an                  Whereas the opinion of the Scientific Advisory Committee
inspection body may also be regarded as complying with the           for the evaluation of the toxicity and ecotoxicity of chemical
essential requirements; whereas such conformity must be              compounds has been taken into account with respect to the
certified by the affixing of a European mark;                        health-based limits of bioavailability of metallic compounds
                                                                     in toys to children,
Whereas certification procedures must be established to
define the way in which national inspection bodies have to
approve models of toys not in conformity with standards and          HAS ADOPTED THIS DIRECTIVE:
issue type-examination certificates for them and for toys in
conformity with standards, a model of which is submitted to
them for approval;
                                                                                                Article 1
Whereas adequate information for the Member States, the              1.     This Directive shall apply to toys. A 'toy' means any
Commission and all the inspection bodies must be provided            product or material designed and clearly intended for use in
for at the various stages of the certification and inspection        play by children of less than 14 years of age.
procedures;
                                                                     2.     The products listed in Annex I shall not be regarded as
Whereas Member States must appoint inspection bodies for             toys for the purposes of this Directive.
application of the system introduced for toys; whereas
adequate information on these bodies must be provided and
they must all comply with minimum criteria for their
approval;                                                                                       Article 2
                                                                     1.     Toys may be placed on the market only if they do not
Whereas cases might arise where a toy does not satisfy the           jeopardize the safety and/or health of users or third parties,
essential safety requirements; whereas a reason must be given        when they are used as intended or in a foreseeable way,
for this decision and where the reason is a shortcoming in the       bearing in mind the normal behaviour of children.
harmonized standards these must be withdrawn from the list
published by the Commission;                                         2.     In the condition in which it is placed on the market,
                                                                     taking account of the period of foreseeable and normal use, a
                                                                     toy must meet the safety and health conditions laid down in
Whereas the Commission is to ensure that the harmonized              this Directive.
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                3.    For the purposes of this Directive, 'placed on the
necessary provisions by 30 June 1989; whereas the national           market' shall cover both sale and distribution free of
provisions adopted on the basis of this Directive should             charge.
consequently become effective on 1 January 1990;
Whereas provision must be made for suitable action to be                                        Article 3
taken against anyone wrongfully affixing a mark of
conformity;                                                          Member States shall take all steps necessary to ensure that
                                                                     toys cannot be placed on the market unless they meet the
                                                                     essential safety requirements set out in Annex II.
Whereas checks on the safety of toys already on the market
must be carried out by the competent authorities of the
Member States;
                                                                                                Article 4
Whereas, for some categories of toys that are particularly
                                                                     Member States shall not impede the placing on the market on
dangerous or intended for very young children, warnings or
                                                                     their territory of toys which satisfy the provisions of this
details of precautions to be taken must also be given;
                                                                     Directive.
Whereas the Commission must receive regular information
on the activities carried out under this Directive by the
inspection bodies;                                                                              Article 5
                                                                     1.    Member States shall presume compliance with the
Whereas those to whom any decision taken under this                  essential safety requirements referred to in Article 3 in respect
Directive is addressed must know the reason for that decision        of toys bearing the EC mark denoting conformity with the
and the remedies open to them;                                       relevant national standards incorporating the harmonized
 ---pagebreak--- 21. 12. 87                                 Official Journal of the European Communities                                  No C 343/33
standards whose reference numbers have been published in              consultation, the Commission finds that any measure as
the Official Journal of the European Communities. Member              referred to in paragraph 1 is justified, it shall immediately so
States shall publish the reference numbers of such national           inform the Member State that took the action and the other
standards.                                                            Member States. Where the decision referred to in paragraph
                                                                      1 is attributed to shortcomings in the standards, the
                                                                      Commission, after consulting the parties concerned, shall
2.     Member States shall presume that toys in respect of            bring the matter before the Committee within two months if
which the manufacturer has not applied the standards                  the Member State which has taken the measures intends to
referred to in paragraph 1, or has applied them only in part,         maintain them and shall initiate the procedures referred to in
or for which no such standards exist, satisfy the essential           Article 6.
requirements referred to in Article 3 where, after receipt of an
EEC type-examination certificate, their conformity with the
approved model has been certified by the affixation of the EC         3.     Where the toy which does not comply with the
mark.                                                                 requirements bears the EC mark, the competent Member
                                                                      State shall take appropriate action against whomsoever has
                                                                      affixed the mark and shall inform the Commission and the
                                                                      other Member States thereof.
                             Article 6
                                                                      4.     The Commission shall ensure that the Member States
                                                                      are kept informed of the progress and outcome of this
 1.    Where a Member State or the Commission considers
                                                                      procedure.
that the harmonized standards referred to in Article 5 (1) do
not entirely satisfy the essential requirements referred to in
Article 3, the Commission or the Member State shall refer the
matter to the Standing Committee set up under Directive
83/189/EEC, hereinafter referred to as 'the Committee',                                            Article 8
setting out its reasons. The Committee shall issue an opinion
as a matter of urgency.                                                1. (a) Before being placed on the market toys
                                                                               manufactured in accordance with the harmonized
After receiving the Committee's opinion the Commission                         standards referred to in Article 5 (1) must have
shall notify the Member States whether or not the standards                    affixed to them the EC mark specified in Article 11
concerned or a part thereof have to be removed from the                        by which the manufacturer or his authorized
publications referred to in Article 5(1).                                      representative established within the Community
                                                                               confirms that the toys comply with those
                                                                               standards.
2.     The Commission shall inform the European
standardization body concerned and if necessary issue a new               (b) The manufacturer or his authorized representative
standardization brief.                                                         established within the Community shall keep the
                                                                               following information available for inspection:
                                                                               — a description of the means (such as the use of a
                                                                                    test report, technical file etc.) whereby the
                             Article 7                                              manufacturer ensures conformity of production
                                                                                    with the standards referred to in Article 5(1) (this
 1.    Where a Member State ascertains that toys bearing the                        shall contain, as appropriate: an EC
 EC mark which are used as intended or in accordance with                           type-certificate drawn up by an approved body;
Article 2 are likely to jeopardize the safety and/or health of                      copies of the documents the manufacturer has
consumers and/or third parties, it shall take all appropriate                       submitted to the approved body; a description of
measures to withdraw the products from the market, or to                            the means whereby the manufacturer ascertains
prohibit or restrict their placing on the market. The Member                        conformity with the approved model),
State shall inform the Commission immediately of this
                                                                               — the addresses of the places of manufacture and
measure and indicate the reasons for its decision, stating in
                                                                                    storage,
particular whether the non-compliance results from:
                                                                               — detailed information concerning the design and
 (a) failure to meet the essential requirements, referred to in                     manufacture.
      Article 3, if the toy does not meet the standards referred
      to in Article 5(1);                                                      Where neither the manufacturer nor his authorized
                                                                               representative      are    established     within     the
 (b) incorrect application of the standards referred to in                     Community, the above obligation to keep a dossier
      Article 5(1);                                                            available shall be the responsibility of the person
                                                                               who places the toy on the Community market.
(c) shortcomings in the standards referred to in Article 5(1)
     themselves.                                                      2. (a) Toys which do not conform in whole or in part to the
                                                                               standards referred to in Article 5 (1) must have
2.     The Commission shall enter into consultation with the                   affixed to them before being placed on the market the
parties concerned as soon as possible. Where, after such                       EC mark specified in Article 11 by which the
 ---pagebreak---  No C 343/34                               Official Journal of the European Communities                                    21. 12. 87
         manufacturer or his authorized representative                 3.    A Member State which has approved a body shall
         established within the Community confirms that the           withdraw approval if it finds that the body no longer meets
         toy concerned conforms to the model examined in              the criteria listed in Annex HI. It shall immediately inform the
         accordance with the procedures laid down in Article           Commission thereof.
         9 which an approved body has stated complies with
         the essential requirements referred to in Article 3.
    (b) The manufacturer, or his authorized representive                                          Article 10
          established within the Community, shall keep the
          following information available for inspection:              1.    EC type-examination is the procedure by which an
                                                                       approved body ascertains and certifies that a model of a toy
          — a detailed description of manufacture,
                                                                      satisfies the essential requirements applicable to it.
          — a description of the means (such as the use of a
              test report, technical file, etc.) whereby the          2.     The application for EC type-examination shall be
              manufacturer ensures conformity with the                lodged with an approved body by the manufacturer or by his
              approved model,                                         authorized       representative     established    within    the
                                                                      Community.
         — the addresses of the places of manufacture and
              storage,
                                                                      The application shall include:
         — copies of the documents the manufacturer has
              submitted to an approved body in accordance             — a description of the toy,
              with Article 10 (2).
                                                                      — the name and address of the manufacturer or of his
         — the test certificate for the sample or a certified             authorized representative(s), and the place of
              copy thereof.                                               manufacture of the toy,
         Where neither the manufacturer nor his authorized            — comprehensive manufacturing and design data; and shall
         representative     are    established     within   the           be accompanied by a model of the toy to be
         Community, the above obligation to keep a dossier                manufactured.
         available shall be the responsibility of the person
         who places the toy on the market in the                      3.     The approved body shall carry out the                 EC
         Community.                                                   type-examination in the manner described below:
                                                                      — it shall examine the documents supplied by the applicant
3.     In the event of non-observance of the obligations laid             and establish whether they are in order,
down in Article 8 (1) (b) and (2) (b), the competent Member
State shall take appropriate measures to ensure that those            — it shall check that the toy would not jeopardize safety
obligations are observed.                                                 and /or health as provided in Article 2,
                                                                      — it shall carry out the appropriate examinations and tests
Where non-observance of the obligation is obvious, it may in              — using as far as possible the harmonized standards — in
particular require the manufacturer or his authorized                     order to check whether the model meets the essential
representative established within the Community to have a                 requirements,
test performed at his own expense within a specified period
by an approved body in order to verify compliance with the            — it may ask for further examples of the model.
harmonized standards and essential safety requirements.
                                                                      4.     If the model complies with the essential requirements
                                                                      referred to in Article 3, the approved body shall draw up an
                                                                      EC type-examination certificate which shall be forwarded to
                                                                      the applicant. This certificate shall state the conclusions of
                            Article 9                                 the examination, indicate any conditions attaching to it and
                                                                      be accompanied by the descriptions and drawings of the
                                                                      approved toy.
 1.    Annex III contains the minimum criteria which
Member States must meet as regards approval of the bodies
                                                                      The Commission, the other approved bodies and the other
referred to in Articles 8 (2) and 10.
                                                                      Member States may obtain on request a copy of the certificate
                                                                      and, on reasoned request, a copy of the design and
2.     Each Member State shall notify the Commission of the           manufacturing schedule and the reports on the examinations
approved bodies responsible for carrying out the EC                   and tests carried out.
type-examination referred to in Articles 8 (2) and 10. The
Commission shall publish a list of these bodies, with the             5.     An approved body which refuses to issue an EC
distinguishing numbers it has given them, in the Official             type-examination certificate shall so inform the Member
Journal of the European Communities for information and               State which approved it and the Commission, giving the
shall be responsible for updating it.                                 reasons for refusal.
 ---pagebreak--- 21. 12. 87                                 Official Journal of the European Communities                                No C 343/35
                           Article 11                                     information as provided for in Article 8 (1) (b) and (2) (b)
                                                                          within a period specified by the Member State.
1.     The EC mark referred to in Articles 5,7, and 8 and the         — may select a sample and take it away for examination and
name and/or trade name and/or mark and address of the                     testing.
manufacturer or his authorized representative or the
importer into the Community shall as a rule be affixed either         2.     Every three years Member States shall send the
to the toy or on the packaging in a visible, easily legible and
                                                                      Commission a report on the application of this Directive.
indelible form. In the case of small toys and toys consisting of
small parts these particulars may be affixed in the same way
to the packaging, to a label or to a leaflet. Where the said          3.     The Member States and the Commission shall take the
particulars are not affixed to the toy, the consumer's                necessary measures to guarantee confidentiality with regard
attention must be drawn to the advisability of keeping                to the forwarding of the copies relating to the EC
them.                                                                 type-examination referred to in Article 10 (4).
2.     The EC mark shall consist of the symbol ' £ ' .
                                                                                                 Article 13
3.     The affixing to toys of marks or inscriptions that are
                                                                      Member States shall regularly inform the Commission of the
likely to be confused with the EC mark shall be
                                                                      activities carried out in pursuance of this Directive by the
prohibited.
                                                                      bodies they have approved so that the Commission may
                                                                      ensure that the inspection procedures are implemented
4.     The particulars referred to the paragraph 1 may be             correctly and without discrimination.
abbreviated provided that the abbreviation enables the
manufacturer, his authorized representative or the importer
into the Community to be identified.
                                                                                                 Article 14
5.     Annex IV sets out the warnings and indications of              Any decision taken pursuant to this Directive and involving
precautions to be taken during use that have to be given for          restrictions on the placing of the toy on the market shall state
certain toys. Member States may require that these or other           the exact grounds on which it is based. It shall be notified as
warnings and precautions or some of them, together with the
                                                                      soon as possible to the party concerned, who shall at the same
information specified in paragraph 4, be given in their own
                                                                      time be informed of the remedies available to him under the
national language or languages when the toys are placed on
                                                                      laws in force in the Member State in question and of the time
the market.
                                                                      limits applying to such remedies.
                           Article 12                                                            Article IS
                                                                      1.     Member States shall adopt and publish by 30 June
1.     Member States shall take the necessary measures to             1987 the provisions necessary to comply with this Directive.
ensure that sample checks are carried out on toys which are           They shall forthwith inform the Commission thereof.
on their market, so as to verify their conformity with the
provision of this Directive.
                                                                      They shall apply these provisions from 1 January 1990.
The authority responsible for inspection:                             2.     Member States shall communicate to the Commission
                                                                      the texts of the provisions of national law which they adopt in
— shall obtain access on request to the place of manufacture          the field covered by this Directive.
    or storage and to the information referred to in Article 8
    (1) (b) and (2) (b),
— may ask the manufacturer, his authorized representative                                        Article 16
    or the person responsible for marketing the toy
    established within the Community to supply the                    This Directive is addressed to the Member States.
 ---pagebreak--- No C 343/36                                  Official Journal of the European Communities                                                        21. 12. 87
                                                                        ANNEX I
                       PRODUCTS NOT REGARDED AS TOYS FOR THE PURPOSE OF THIS DIRECTIVE
                                                                      (Article 1 (1))
             1. Christmas decorations
            2. Detailed scale models for adult collectors
             3. Equipment intended to be used collectively in playgrounds
            4. Sports equipment
             5. Aquatic equipment intended to be used in deep water
             6. Folk dolls and decorative dolls and other similar articles for adult collectors
            7. 'Professional' toys installed in public places (shopping centres, stations, etc.)
             8. Puzzles with more than 500 pieces or without pattern, intended for specialists
             9. Air guns and air pistols
           10. Fireworks, including toy pistol caps (')
           11. Slings and catapults
           12. Sets of darts with metallic points
           13. Electric ovens, irons or other functional products operated at a nominal voltage exceeding 24 volts
           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
                                            ESSENTIAL SAFETY REQUIREMENTS FOR TOYS
                                                               I.     General principles
           1. In compliance with the requirements of Article 2 of this Directive, the users of toys as well as third parties must
                be protected against health hazards and risk of physical injury when toys are used as intended or in a forseeable
                way, bearing in mind the normal behaviour of children. Such risks are those:
          (') Excepting pistol caps specifically designed for use in toy pistols without prejudice of more severe provisions already existing in
               certain Member States.
 ---pagebreak--- 21. 12. 87                                  Official Journal of the European Communities                                          No C 343/37
               (a) which are connected with the design, construction or composition of the toy;
               (b) which are inherent in the use of the toy and cannot be completely eliminated by modifying the toy's
                     construction and composition without altering its function or depriving it of its essential properties.
           2. (a) The degree of risk present in the use of a toy must be commensurate with the ability of the users, and,
                     where appropriate, their supervisors to cope 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.
               (b) To observe this principle, a minimum age for users of toys and/or the need to ensure that they are used
                     only under adult supervision must be specified where appropriate.
           3. Labels on toys and /or their packaging and the instructions for use which accompany them must draw the
               attention of users or their supervisors fully and effectively to the risks involved in using them and to the ways of
               avoiding such risks.
                                                            II.    Particular risks
           1. Physical and mechanical properties
              (a) Toys and their parts and, in the case of fixed toys, their anchorages, must have the requisite mechanical
                   strength and, where appropriate, stability to withstand the stresses to which they are subjected during use
                   without breaking or becoming liable to distortion at the risk of causing physical injury.
              (b) Accessible edges, protrusions, cords, cables and fastenings on toys must be so designed and constructed
                   that the risks of physical injury from contact with them are reduced as far as possible.
              (c) Toys must be so designed and constructed as to minimize the risk of physical injury which could be caused
                   by the movement of certain parts.
              (d) Toys, and their component parts and any detachable parts of toys which are clearly intended for use by
                   children under 36 months must be of such dimensions as to prevent their being swallowed and/or
                   inhaled.
              (e) Toys, and their parts and the packaging in which they are contained for retail sale must not present risk of
                   strangulation or suffocation.
              (f) Toys intended for use in shallow water which are capable of carrying or 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 child.
              (g) Toys which it is possible to get inside and which thereby constitute an enclosed space for occupants must
                   have a means of exit which the latter can open easily from the inside.
              (h) Toys conferring mobility on their users must, as far as possible, incorporate a braking system which is
                   suited to the type of toy and is commensurate with the kinetic energy developed by it. Such a system must be
                   easy for the user to 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.
              (j) Toys containing heating elements must be so constructed as to ensure that:
                   — the maximum temperature of any accessible surfaces does not cause burns when touched,
                   — liquids and gases contained within toys do not reach temperatures 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.
           2.  Flammability
              (a) Toys must not constitute a dangerous flammable element in the child's environment. They must therefore
                   be composed of materials which:
 ---pagebreak--- No C 343/38                                 Official Journal of the European Communities                                            21. 12. 87
                    (1) do not burn if directly exposed to a flame or spark or other potential seat of fire;
                    (2) or are not readily flammable (the flame goes out as soon as the fire cause disappears);
                    (3) or, if they do ignite, burn slowly and present a low rate of spread of the flame;
                    (4) or, irrespective of the toy's chemical composition, are treated so as to delay the combustion
                         process.
                    Such combustible materials must not constitute a risk of ignition for other materials used in the toy.
               (b) Toys which for reasons essential to their functioning contain dangerous substances or preparations as
                    defined in Council Directive 67/548/EEC relating to the classification, packaging and labelling of
                    dangerous substances (J) in particular materials and equipment for chemistry experiments, model
                    assembly, plastic or ceramic moulding, enamelling, photography or similar activities must not contain, as
                    such, substances or preparations which may 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.
               (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
               (1) Toys must be so designed and constructed that, when used as specified in Article 2 (1) of the Directive, they
                    do not present health hazards or risks of 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.
               (2) In particular, for the protection of children's health, bioavailability resulting from the use of toys must not,
                   as an objective, exceed the following levels per day:
                   0,2 ng for antimony,
                   0,1 (ig for arsenic,
                   25,0 ng for barium,
                   0,6 ng for cadmium,
                   0,3 ug for chrome,
                   0,7 ug for lead,
                   0,5 ug for mercury,
                   5,0 ug for selenium,
                   or such other values as may be laid down for these or other substances in Community legislation based on
                   scientific evidence.
                   The bioavailability of these substances means the soluble extract having toxicological significance.
              (3) As a general rule toys must not contain dangerous substances or preparations as defined in Directive
                   67/548/EEC, which may harm the child's health when the toy is used.
                   However, where a limited number of substances or preparation are essential to the functioning of certain
                   toys, in particular materials and equipment for chemistry experiments, model assembly, plastic or ceramic
                   moulding, enamelling, photography or similar activities, they are permitted up to a maximum
                   concentration level to be defined for each substance or preparation by mandate after consultation of the
          (') OJ No 196, 16. 8. 1967, p. 1.
 ---pagebreak--- 21. 12. 87                                 Official Journal of the European Communities                                          No C 343/39
                   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. Electrical properties
               (a) Electric toys must not be powered by electricity of a nominal voltage exceeding 24 volts and no part of the
                    toy may exceed 24 volts.
               (b) Parts of toys which are connected to, or liable to come into contact with a source of electricity capable of
                    causing electric shock, together with the cables or other conductors through which electricity is conveyed
                    to such parts, must be properly insulated and mechanically protected so as to prevent the risk of such
                    shock.
               (c) Electric toys must be so designed and constructed as to ensure that the maximum temperatures reached by
                    all directly accessible surfaces are not such as to cause burns when touched.
           5.   Hygiene
               Toys must be so designed and manufactured as to meet the requirements of hygiene and cleanliness in order to
               avoid any risk of infection, sickness and contamination.
           6.   Radioactivity
               Toys must not contain radioactive elements or substances in forms or proportions likely to be detrimental to a
               child's health. Euratom Directive 80/836 shall apply.
                                                                ANNEX III
                                 CONDITIONS TO BE FULFILLED BY THE INSPECTION BODIES
                                                               (Article 9 (2))
           The bodies designated by the Member States must fulfil the following minimum conditions:
           1. availability of personnel and of the necessary means and equipment;
           2. technical competence and professional integrity of personnel;
           3. independence, in carrying out the tests, preparing the reports, issuing the certificates and performing the
               surveillance provided for in this Directive, of staff and technical personnel in relation to all circles, groups or
               persons directly or indirectly concerned with toys;
           4. maintenance of professional secrecy by personnel;
           5. subscription of a civil liability insurance unless that liability is covered by the state under national law.
           Fulfilment of the conditions under 1 and 2 shall be verified at intervals by the competent authorities of the Member
           States.
                                                                ANNEX     IV
                 WARNINGS AND INDICATIONS OF PRECAUTIONS TO BE TAKEN WHEN USING TOYS
                                                              (Article 11 (5))
           Toys must be accompanied by appropriate legible warnings in order to reduce inherent risks in their use as
           described in the essential requirements, and specifically:
 ---pagebreak--- No C 343/40                                  Official Journal of the European Communities                                               21. 12. 87
           1. Toys which should not be given to children under 36 months
                Toys which might be dangerous for children under 36 months of age shall bear either a warning, for example:
                'Not suitable for children under 36 months' or 'Not suitable for children under three years' together with a brief
                 indication, which may also appear in the instructions for use, of the specific risks calling for this
                 restriction.
                This provision does not apply to toys which, on account of their function, dimensions, characteristics,
                 properties or other cogent grounds, are manifestly unsuitable for children under 36 months.
           2. Sledges, suspended swings and rings, trapezes, ropes and similar toys attached to a crossbeam
                Such toys shall be accompanied by instructions drawing attention to the need to carry out checks and
                maintenance of the main parts (suspensions, fixings, anchorages, etc.) at intervals, and pointing out that if
                these checks are not carried out the toy may cause a fall or overturn.
                 Instructions must also be given as to correct assembly of the toy, indicating those parts which can present
                dangers if it is incorrectly assembled.
           3. Functional toys
                Functional toys or their packaging shall bear the marking: 'Warning: to be used under the direct supervision of
                an adult.'
                In addition, these toys shall be accompanied by directions giving working instructions as well as the
                precautions to be taken by the user, with the warning that failure to take these precautions would expose the
                user to the hazards — to be specified — 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 are used in the same way as, and are often scale models of, appliances or
                installations intended for adults.
           4.   Toys containing inherently dangerous substances or preparations; chemical toys
                (a) Without prejudice to the application of the provisions laid down in Community Directives on the
                      classification, packaging and labelling of dangerous substances or preparations, the instructions for use of
                      toys containing inherently dangerous substances or preparations shall bear a warning of the dangerous
                      nature of these substances or preparations and an indication of the precautions to be taken by the user in
                      order to avoid hazards associated with them, which shall be specified concisely according to the type of
                      toy. The first aid to be given in the event of serious accidents resulting from the use of this type of toy shall
                      also be mentioned. It shall also be stated that the toys must be kept out of reach of very young
                      children.
                (b) In addition to the instructions provided for in (a), chemical toys shall bear the following marking on their
                      packaging:
                      'Warning: for children over (00) (') years of age only. For use under adult supervision.'
                In particular the following are regarded as chemical toys: chemistry sets, plastic embedding sets, miniature
                workshop for ceramics, enamelling or photography and similar toys.
          5. Skates and skateboards for children
                If these products are offered for sale as toys they shall bear the marking:
               'Warning: protective equipment should be worn.'
               Moreover the instructions for use shall contain a reminder that the toy must be used with caution, since it
               requires great skill, so as to avoid falls or collisions causing injury to the user and third parties. Some indication
               shall also be given as to recommended protective equipment (helmets, gloves, knee-pads, elbow-pads,
               etc.).
          6.    Toys intended for use in water
               The toys intended for use in water defined in 1 (f) of Annex II shall contain the warning in accordance with the
               CEN's brief to adapt standard E N / 7 1 , parts 1 and 2:
               'Warning! Only to be used in water in which the child is within its depth and under supervision.'
          (') Age to be decided by the manufacturer.