Commercial Information Circulars

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Ref : EIC 230/2/12

6 July 2009

Dear Sirs,

Commercial Information Circular No. 352/2009

European Union (EU)* : Directive on the Safety of Toys

The European Parliament and the Council of European Union have adopted a Directive on the safety of toys to replace Council Directive 88/378/EEC on the approximation of the laws of the Member States concerning the safety of toys. Details are set out in Directive 2009/48/EC (the Directive). The Directive can be accessed through the following link :
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:170:0001:0037:EN:PDF

DETAILS

2. The Directive will be applicable to toys, which is defined as products designed or intended, whether or not exclusively, for use in play by children under 14 years of age. However, the Directive is not applicable to the followings :

   - products listed in Annex I of the Directive;
   - playground equipment intended for public use;
   - automatic playing machines, whether coin operated or not,     intended for public use;
   - toy vehicles equipped with combustion engines;
   - toy steam engines; and
   - slings and catapults.

3. Under the Directive, there are obligations for toys manufacturers, importers, as well as distributors. Particular obligations of the toys manufacturers include:

   1. ensuring that the toys are designed and manufactured in a way which complies with the safety requirements set out in Article 10 and Annex II of the Directive. These requirements cover the physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene and radioactivity of toys. On chemical properties, the Directive states that chemical substances in toys should also comply with REACH. Unless specified in the Directive, substances classified as carcinogenic, mutagenic or toxic for reproduction (CMR) of category 1A, 1B or 2, as well as certain allergenic fragrances are prohibited for use in toys;

   2. carrying out an analysis on the various kinds of hazards (such as chemical, mechanical, electrical, etc.) that a toy may present, and an assessment of the potential exposure to such hazards, before placing a toy on the market;

   3. carrying out the applicable conformity assessment procedure;

   4. drawing up the required technical documentation which include the detailed description of the design and manufacture, a list of components and materials used, the safety assessment, conformity assessment procedure followed, test reports, etc. Details are set out in Article 21 and Annex IV of the Directive;

   5. drawing up an EC declaration of conformity. By drawing up the declaration, the manufacturer shall assume responsibility for the compliance of the toy. The minimum content requirements of the declaration are set out in Annex III of the Directive;

   6. affixing the CE marking in accordance with Article 16 of the Directive;

   7. keeping the technical documentation and EC declaration of conformity for 10 years;

   8. marking of appropriate warnings (Article 11 and Annex V of the Directive) in a clearly visible, easily legible and understandable, and accurate manner, which shall be preceded by the words "Warning" or "Warnings". Warnings which determine the decision to purchase, such as the minimum or maximum age for users, shall appear on the packaging or otherwise clearly visible to the consumers before purchase;

   9. ensuring that the toys bear a type, batch, serial or model number or other element allowing their identification;

   10. indicating the manufacturers' name, registered trade name/trade mark, and the contact address on the toy; and

   11. stating the instructions and safety information in language(s) easily understood by consumers.

4. An importer or distributor shall be considered as a manufacturer and subject to the above bligations when it places a toy on the market under its name or trademark, or modifies a toy already in the market in a way that compliance with the applicable requirements may be affected. Importers should also indicate their name, registered trade name or registered trade mark and the address on the toy.

5. Upon request, economic operators shall provide the information on the other economic operator(s) who supplied them with a toy, and to whom they have supplied a toy to the market surveillance authorities. This information shall be made available for a period of 10 years.

6. In case of any non-compliance, including cases where the CE marking is not affixed or affixed appropriately, the EC declaration of conformity has not been drawn up or drawn up properly, or the technical documentation is not available or complete, the authorities concerned shall restrict or prohibit the marketing of the toy concerned, or ensure it is recalled or withdrawn from the market. There will also be penalties for the subject economic operator(s).

7. To allow sufficient time for toys manufacturers and other economic operators to adapt to the requirements of the Directive, a transitional period of 2 years is provided. In other words, toys complying Council Directive 88/378/EEC may still be placed on the market until 20 July 2011. In the case of chemical requirements, a transitional period of 4 years is provided (i.e. until 20 July 2013).

ENQUIRIES

8. For enquiries concerning the content of this circular, please contact the undersigned at telephone number 2398 5556.

Yours faithfully,

 

(Miss Peggy LEUNG)
for Director-General of Trade and Industry

* The EU includes Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.