• Toy Industry Release time: 2016/7/27 View: 956
  • Minimising the risk of injuries to children playing with toys is an essential element of EU policy. The presence of the CE marking on a toy is an indication that it meets the essential safety requirements in place to allow it to be sold anywhere in the European Economic Area (the EEA is made up of the EU countries plus Norway, Iceland and Liechtenstein), as well as in Turkey. This also applies to products manufactured in third countries to be sold in the EEA.
    CE marking and the 2009 Toy Safety Directive
    The Toy Safety Directive is intended to ensure the highest possible level of safety for children and to harmonise the rules governing the sale of toys within the EU. The Directive (2009/48/EC) will apply in all EEA countries by 20 July 2011. The only exception regards the chemical provisions,
    for which a further two-year transition period applies – until 20 July 2013.
    The 2009 Directive replaces the one adopted in 1988 (88/378/EEC), which over the past two decades has made a major contribution to ensuring a high level of safety as well as removing barriers to trade in toys within the EU. Toys that are compliant with the 1988 Directive can continue to be placed on the market until 19 July 2011, or 19 July 2013 in the case of the rules relating to chemicals.
    The new Directive defines a toy as any product or material designed or intended, whether or not exclusively, for use in play by children under 14 years of age. A change with respect to the 1988 Directive is the wording ‘wether ir not exclusively’, which codifies existing practice. Products with more than one use are considered toys (for example, if a key-ring has a teddy bear attached, the teddy bear will be considered as a toy). Another change is the choice of wording “intended…for use in play” rather than “clearly intended…for use in play”. This means that the concept of reasonably foreseeable use prevails over the manufacturer’s declaration of the product’s intended use in assessing whether it is a toy.
    Annex I of the Directive lists types of products–such as puzzles with more than 500 pieces or babies’ soothers – which could conceivably be confused with toys but which are outside the scope of the Directive. The list is indicative only.
    On the road to CE marking – conformity assessment
    For toys that have been manufactured in full compliance with European Harmonised Standards covering all essential safety aspects, the manufacturer himself (or his authorised representative in the EU) carries out the internal production control procedure. This procedure is described in Module A of Annex II of Decision No. 768/2008/EC.
    If European Harmonised Standards do not exist or have not been fully applied, or if the manufacturer feels that the toy requires third party verifi cation, then it must be submitted to a notifi ed Body for the EC-type examination. It must also undergo the conformity to type procedure, which is set out in Module C of Annex II of Decision No. 768/2008/EC
    Once the conformity assessment is complete, the CE marking must be affi xed, ‘visibly, legibly and indelibly’, to the toy, to an affi xed label, or to the packaging. If the CE marking is not visible  from outside, it has to be affi xed as a minimum on the packaging. For small toys or those made up of small parts, the CE marking can be placed on a label or accompanying leafl et. The manufacturer must also draw up a Declaration of Conformity, certifying that the toy complies with the essential requirements of the Directive