EC Proposes Stricter Rules for Toy Safety

January 25, 2008 // Published as a news service by IHS

The revision proposed on Jan. 25 has a three-fold objective:

• To mandate higher safety requirements to cope with recently identified hazards.
• To strengthen manufacturers' and importers' responsibility for the marketing of toys.
• To enhance the market surveillance obligations of EU member states.

EC vice president Günter Verheugen, responsible for enterprise and industrial policy, said, "Health and safety of children is non-negotiable and cannot be subject to any compromises. That is why we have to ensure that toys put on the market in Europe are safe. The proposed new directive, which was adopted today, incorporates the newest health and safety standards, and improves the effectiveness and enforcement of the EU legal framework. Economic operators are now called to live up to their responsibilities to ensure that children can enjoy playing with toys without risks."

New legislation for the safety of toys
The proposal addresses a wide range of issues to improve the existing rules for the marketing of toys that are produced in and imported into the EU, with a view to reducing toy-related accidents and achieving health benefits. The new directive will, in particular:

• Prohibit the use of chemical substances that are susceptible to causing cancer - the so-called CMR (carcinogenic, mutagenic, toxic for reproduction) substances.

• Reduce the allowed limits of certain dangerous chemical substances, like lead and mercury.

• Prohibit allergenic fragrances.

• Oblige toy manufacturers to issue appropriate warnings to improve the prevention of accidents. The EC will also carry out further work on more detailed guidelines on warnings.

• Strengthen the rules to prevent accidents due to small parts in toys.

• Ban toys that are firmly attached to a food product at the moment of consumption and that require food to be consumed before getting access to the toy.

• Require toy manufacturers to establish comprehensive technical information for all their toys to allow market surveillance authorities to check the design and manufacture of the toy.

• Foresee testing of toys through independent laboratories where no standards for toys yet exist (for example, toys with magnets).

• Reinforce the importer's responsibility for ensuring that toys imported into the EU are safe.

• Enhance the visibility of the CE mark on the toy.

• Oblige member states to strengthen market surveillance and controls on the spot and at EU borders.

• Oblige member states to lay down and impose penalties if toy manufacturers and importers do not produce toys in line with the safety requirements of the directive.

The EC proposal will now be discussed with the European Parliament and the European Council of Ministers with a view to an adoption in the co-decision procedure.

Background
The current Toy Safety directive sets the essential safety requirements that toys marketed in the EU have to fulfill, while specific technical details are set through standards (for toys standards EN 71). It contains an obligation for member states to ensure that only safe toys are placed on the market. This obligation is based on the respect of essential safety requirements that foresee that toys must not present any health hazards or risk of injury.

Although the EC feels the directive has, in general, worked well over its 20 years of existence, it needs to be revised since the EC has identified a number of gaps and necessary updates where the old directive does not fully provide an adequate level of safety of toys while also ensuring the smooth functioning of the internal market for toys.

These gaps concern:

• The safety of toys due to the development of new products and improvements in scientific knowledge.
• A more efficient and stringent enforcement of the directive by member states.
• Simplification of the concept and definitions in line with the EC's Better Regulation principles.

The revision of the directive has been the subject of a wide-ranging public consultation that included all concerned stakeholders. The EC received more than 1,500 replies to its questions. Further details can be found on the EU web site for the Toys Industry.

Source: European Commission.