CELEX: 51983PC0323(02)
Language: en
Date: 1983-06-15
Title: Proposal for a Council Directive on common technical safety standards concerning the physical and mechanical properties of toys

No C 203/12                      Official Journal of the European Communities                                  29. 7. 83
                                                          II
              Proposal for a Council Directive on common technical safety standards concerning the
                                       physical and mechanical properties of toys
 THE COUNCIL OF THE EUROPEAN                                   legislature, are already laid down in the framework
 COMMUNITIES,                                                  Directive;
 Having regard to the Treaty establishing the                  Whereas a small number of amendments to
 European Economic Community, and in particular               technical points in the standard should be envisaged
 Article 100 thereof,                                         in order to bring them into line with the principles
                                                              and safety objectives set out in the said Directive;
 Having regard        to  the   proposal      from    the
 Commission,                                                   Whereas the standard referred to will become
                                                              mandatory in the Community: whereas therefore its
 Having regard to the opinion of the European                 text should be published, with the amendments to it
 Parliament,                                                  which are set out in this Directive, in the Official
                                                              Journal of the European Communities;
 Having regard to the opinion of the Economic and             Whereas according to Article 11 of the framework
Social Committee,                                             Directive the amendments necessary for adapting
                                                              the common technical standards laid down in the
 Whereas the national laws on toy safety differ from          specific Directives to technical progress and to
one Member State to another; whereas it is                    experience gained in regard to the safety and health
necessary to approximate these laws in order to               of the consumer are to be adopted in accordance
avoid barriers to trade in these products and to              with the procedure laid down in Article 13 of that
ensure the safety of consumers, especially children;          Directive,
 Whereas Council Directive . . . / . . ./EEC of . . . on
                                                              HAS ADOPTED THE FOLLOWING DIRECTIVE:
the approximation of the laws of the Member States
relating to toy safety, hereinafter called 'the
framework Directive', sets out the basic provisions                                   Article 1
of substantive law and procedure to be adopted by
the Member States in this field;                              This Directive shall apply to toys within the
                                                              meaning of Article 1 of Directive . . . / . . ./EEC.
Whereas the abovementioned Directive provides in
Article 4(1) that specific Directives shall determine
the common technical safety standards containing                                      Article 2
the technical specifications for construction and
composition to which toys have to conform in the              The common technical safety standards relating to
Community and the relevant testing methods;                   the mechanical and physical properties of toys,
                                                              within the meaning of Article 4(1) of
Whereas such standards should cover the main                  Directive.../.. ./EEC, shall be the standards
aspects of toy safety; whereas one of these aspects is        referred to in the Annex with the associated
that of hazards which can arise from the mechanical           amendments.
and physical properties of these products; and
whereas the general safety objectives relating to                                     Article 3
these hazards have been set out in Annex II to the
framework Directive;                                          The common technical safety standards referred to
                                                              in the Annex shall be published in the Official
Whereas there already exists in this field a                  Journal of the European Communities.
non-binding European standard; whereas the most
satisfactory form of harmonization consists in
referring to that standard;                                                           Article 4
Whereas if such reference is made it should be                As provided for in Article 11 of Council
confined in particular to the technical specifications        Directive.../.. ./EEC, the amendments to the
and test methods laid down in the abovementioned              common technical safety standards referred to in the
standard without taking over its general and legal            Annex shall be adopted in accordance with the
provisions which, being the responsibility of the             procedure laid down in Article 13 of that Directive.
 ---pagebreak--- 29. 7. 83                            Official Journal of the European Communities                               No C 203/13
                         Article 5                                   Commission is informed, in sufficient time for it to
                                                                     submit its comments, of any draft laws, regulations
1. The Member States shall adopt and publish the                     or administrative provisions which they intend to
provisions necessary to comply with this Directive                   adopt in the field covered by this Directive.
and shall forthwith inform the Commission thereof.
They shall apply these provisions from [1 January
1985] at the latest.                                                                         Article 6
2. As soon as this Directive has been notified,                       1.  This Directive is addressed to the Member
Member States shall also ensure that the                             States.
                                                             ANNEX
             COMMON TECHNICAL SAFETY STANDARDS RELATING TO THE MECHANICAL AND
                                             PHYSICAL PROPERTIES OF TOYS
             The common technical safety standards relating to the mechanical and physical properties of toys
             to which these products have to conform are those laid down in European Standard EN 71, Part 1,
             second edition, of June 1982, established by CEN, rue Brederode 2, boite 5, B-1000 Brussels,
             subject to the following amendments:
                 The foreword and Sections 1. Object and 2. Field of application shall be replaced by the
                 following text:
                 1. Scope
                     This standard sets out the general requirements for the mechanical and physical properties
                     of toys (3.1 to 3.2.1.9) and the specific requirements applicable to certain types of toys
                     (3.2.2 to 3.2.2.15), as well as the relevant test methods (4 to 4.16); it also sets out the
                     requirements and test methods applicable to the packaging of toys (5) and the markings
                     which have to accompany certain toys (6 to 6.10), without prejudice to the indications
                     provided for in Article 6 and Annex III to the framework Directive.
                 2. Toys for assembly
                      For these toys, the technical specifications (requirements) laid down in the standard apply
                     to the completed toy as well as to each of its parts; where it is made explicit that the toy
                     has to be assembled by an adult, these specifications may be applied to the finished toy
                     only.
             B. 3.1.4. 'Stuffing materials': the first paragraph is deleted.
             C. 3.2.2.9.1.2. 'Functional toys': deleted.
             D. 3.2.2.15. 'Aquatic toys': the following is added to the first sentence in the first paragraph:'...
                 and in particular imitations of swimming accessories for children and imitations of personal
                 life-saving equipment; bath toys and the various floating articles capable of bearing a child
                 out on water (children's boats, inflatable of non-inflatable, air beds with "window" sections,
                 etc.) do not constitute aquatic toys.'
 ---pagebreak--- No C 203/14                          Official Journal of the European Communities                                29. 7. 83
             E. The following points in Section 6, Marking and instructions for use, are amended as
                 follows:
                 6.1.: deleted.
                 6.2.: add the following paragraph: 'The provisions laid down in point 1 of Annex III to
                 Council Directive .../.. ./EEC of... (') also apply.'
                 6.4.: add the following paragraph: "The provisions laid down in point 2 of Annex III to
                 Council Directive .../.. ./EEC of ... (') also apply.'
                 6.5: deleted.
                 6.6: add the following to the first paragraph: "The provisions on functional toys laid down in
                 point 3 of Annex III to Council Directive .../.. ./EEC of... (') also apply.'
             (') The framework Directive (see XI/566/82).
                                                              Ill
             Proposal for a Council Directive on common technical safety standards concerning the
                                                     flammability of toys
THE COUNCIL OF THE EUROPEAN                                        Whereas such standards should cover the main
COMMUNITIES,                                                       aspects of toy safety; whereas one of these aspects is
                                                                   that of hazards which can arise from the
Having regard to the Treaty establishing the                       flammability of these products; whereas the general
European Economic Community, and in particular                     safety objectives relating to these hazards have been
Article 100 thereof,                                               set out in Annex II to the framework Directive;
Having regard         to    the    proposal     from     the
Commission,                                                        Whereas there already exists in this field a
                                                                   non-binding European standard concerning toys
Having regard to the opinion of the European                       most likely to present a fire hazard; whereas the
Parliament,                                                        most satisfactory form of harmonization consists in
                                                                   referring to that standard;
Having regard to the opinion of the Economic and
Social Committee,
                                                                   Whereas if such reference is made it should be
Whereas the national laws on toy safety differ from                confined in particular to the technical specifications
one Member State to another; whereas it is                         and test methods laid down in the abovementioned
necessary to approximate these laws in order to                    standard without taking over its general and legal
avoid barriers to trade in these products and to                   provisions which, being the responsibility of the
ensure the safety of consumers, especially children;               legislature, are already laid down in the framework
                                                                   Directive;
Whereas Council Directive . . . / . . ./EEC of... on
the approximation of the laws of the Member States
relating to toy safety, hereinafter called 'the                    Whereas a small number of amendments to
framework Directive', sets out the basic provisions                technical points in the standard should be envisaged
of substantive law and procedure to be adopted by                  in order to bring them into line with the principles
the Member States in this field;                                   and safety objectives set out in the said Directive;
Whereas the abovementioned Directive provides in
Article 4(1) that specific Directives shall determine              Whereas the standard referred to will become
the common technical safety standards containing                   mandatory in the Community; whereas therefore its
the technical specifications for construction and                  text should be published, with the amendments to it
composition to which toys have to conform in the                   which are set out in this Directive, in the Official
Community and the relevant testing methods;                        Journal of the European Communities;