| EU REACH: EU announces new toy safety directive NO.24/2009 |
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The European Union announced a new Toy Safety Directive (2009/48/EC) on June 30, 2009. The Council of the European Union adopted the new Toy Safety Directive on May 11, 2009, replacing the 20-year-old directive (88/378/EEC). Member states were required to amend their national laws in accordance with the directive by January 20, 2011, and implement it from July 20, 2011. The toy industry was required to significantly change its long-standing practices to comply with the new directive.
In 2007, the EU launched a large-scale recall of dangerous toys, prompting authorities to expedite legislative procedures to address toy risks, increase the responsibility of manufacturers and importers in selling toys, and enhance market surveillance mechanisms by member state enforcement authorities. The new directive significantly modifies the existing directive, including introducing entirely new regulations and clarifying the provisions of Directive 88/378/EEC. The most significant revisions are as follows:
Definition: The new directive provides a clearer definition of "toy," explicitly stating that it refers to products intended (whether or not solely for) the use of children under the age of 14. Article 2 and Annex 1 of the directive expand and clarify the lists of products not listed as toys. The product lists further detail existing product categories not included in the directive, including certain collectibles, but whose packaging must display identifiable and clear markings indicating that the collectibles are only suitable for persons aged 14 or older. The new directive also stipulates that festive decorations are not considered toys. (The old Directive 88/378/EEC stipulated that only Christmas decorations were not considered toys). The new directive further defines "placement on the market" in detail, meaning the first sale of toy products in the EU market. In addition, the new directive also defines water toys, chemical toys, olfactory cardboard games, cosmetic tools, and taste games.
Safety: Manufacturers must comply with the expanded safety regulations. Toys (including chemicals they contain) must not endanger the health of the user or any third party when used in the intended or foreseeable manner. Furthermore, Annex 2 of the new directive details "special safety requirements," including physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene, and radiation. The new directive imposes stricter regulations on hazards posed by certain chemicals, fragrances, and noise emitted by toys. Safety regulations stipulate that toys must not contain harmful chemicals that could harm children, particularly substances classified as carcinogenic, mutagenic, or harmful to human fertility. Toys must also comply with EU regulations concerning certain product classes or restrictions on certain substances and mixtures. Toys that are themselves substances or mixtures must comply with 67/548/EEC, 1999/45/EC, the Classification, Labelling and Packaging Regulation (Regulation No. 1272/2008), and the Registration, Evaluation and Authorization of Chemicals Regulation (Regulation No. 1907/2006; REACH). The directive also lowers the usage limits for several substances, such as lead, arsenic, and organotin compounds. The new directive also details the conformity assessment procedures that manufacturers must follow, as well as the responsibilities of conformity assessment bodies and competent authorities.
Warning: The new directive also supplements and strengthens existing toy warning regulations. Warnings on toys and toy packaging must be clear and legible, beginning with the word "Warning." Annex 5 lists a series of warning statements applicable to several types of toys, including general requirements such as age restrictions, abilities, maximum or minimum weight, and adult supervision. The directive also establishes warning statements for several types of toys, including toys unsuitable for children under 36 months, active toys, functional toys, chemical toys, water toys, olfactory cardboard toys containing fragrances, cosmetic tools, and toys hidden inside food.
The new directive will be implemented in 2011; however, the authorities have also established a transition period for some provisions. Toys that comply with existing laws can still be sold on the market for two years after the new directive takes effect. As for the new chemical regulations, the authorities have set a four-year transition period to establish uniform standards and ensure compliance by businesses.
歐盟新玩具安全指令
