EU strictly regulates toy safety directive
On January 25 this year, the European Commission adopted a bill to amend the Toy Safety Directive (Directive 88/378/EC), incorporating a number of stringent new measures targeting manufacturers and exporters of toys sold in the EU market. These measures include prohibiting toy manufacturers from using toxic chemicals in toys and also setting forth the responsibilities of toy importers.
The original intention of reviewing the Toy Safety Directive was to simplify, clarify, and innovate existing legislation to keep pace with technological advancements. However, due to the recall of over 20 million toys last year due to safety concerns, the European Commission, under pressure from various parties, had to make significant revisions to the Toy Safety Directive.
The bill proposes several reform suggestions, including banning toys and toy parts from containing the following carcinogenic, mutagenic, or reproductively harmful substances.
- Substances that have been proven to be carcinogenic, mutagenic, or harmful to human fertility;
- Substances considered carcinogenic, mutagenic, or harmful to human fertility; and
- Substances that pose a risk of carcinogenesis, mutagenesis, or impairing human fertility, but for which current data is insufficient to satisfactorily assess the risks. The above ban applies to substances that are carcinogenic, mutagenic, or impairing fertility at concentrations exceeding 0.1%, although lower concentration limits are anticipated for some categories of such substances. An exemption may be granted if a substance is deemed suitable for use in toys after evaluation by the European Scientific Committee, and no alternative substances are available on the market.
The proposed amendments to the Toy Safety Directive include a new Article 5, outlining the responsibilities of importers. Key points are as follows:
Comply with applicable regulations;
Before launching a toy on the market, verify the following:
The manufacturer has conducted appropriate conformity assessment procedures;
The manufacturer has prepared technical documentation;
The toy bears the designated conformity mark and required documentation;
The toy is labeled with the importer's name and contact address.
If the importer has reason to believe that the toy does not comply with regulations, they must immediately notify the relevant Member State authorities and provide information on corrective measures, including withdrawing the product from the market or recalling it to consumers.
The proposal also aims to ban the use of many allergens and fragrances already prohibited in cosmetics in toys, or introduce stricter labeling regulations. Furthermore, toy warnings must include safe usage guidelines, such as user restrictions (age or weight limits), required user abilities, and adult supervision regulations. The European Commission stated it will draft guidance documents to provide practical instructions on toy warnings.
The bill also expands the scope of regulations for toys that children under 36 months can put in their mouths, and adds provisions to address the risk of choking due to inhalation.
Regarding toys that come with food, the European Commission recommends the following measures:
Toys included with food must be packaged separately from the food; the packaging itself must not pose a choking hazard; and designs that require the food to be eaten before accessing the toy are prohibited. Other recommendations include:
The directive proposes several measures: establishing independent laboratories to test toys for which standards are not yet in place, such as toys containing magnets; strengthening market supervision measures by member states; requiring that packaging bear a permanent CE marking if markings on toys are not clearly visible through the packaging; and requiring toy manufacturers to establish technical files for their products, allowing market regulators to inspect the design and production of toys. Consumer organizations welcomed the Commission's directive proposal but expressed concern about the potential exemptions for some chemical substances, noting that the list of prohibited allergens is not comprehensive.
The European Parliament and the Council of Ministers of the European Union are currently conducting the first reading of the directive bill in order to finalize and adopt its contents. Given last year's toy recall incident and widespread media attention, revising the Toy Safety Directive has long been imperative, and the legislative process is expected to be faster than the usual two-year timeframe.
The full text of the proposal can be found at the following website:http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0009:FIN:EN:PDF It can be downloaded from the attachment.
- Reference source: Hong Kong Trade Development Council website, 2008-02-13
Other related files can be downloaded:
Proposal for Toys Directive presented by the EC 2008-01-25.pdf
