EU strictly regulates toy safety directive
The European Commission passed an amendment to the Toy Safety Directive (Directive 88/378/EC) on January 25 this year, incorporating a number of stringent new measures targeting manufacturers and exporters selling toys to the EU market, including banning toys Manufacturers use toxic chemicals in toys. In addition, the responsibilities of toy importers are also stipulated.
The original intention of the review of the Toy Safety Directive is to simplify, clarify and reform existing legislation to keep pace with technological developments. However, since more than 20 million toys were recalled last year due to safety issues, the European Commission had to make major changes to the Toy Safety Directive under pressure from all parties.
The bill proposes a number of reform proposals, including prohibiting toys and toy parts from containing the following substances that are carcinogenic, mutagenic or harmful to reproduction.
- Substances proven to be carcinogenic, mutagenic or harmful to human reproduction;
- Substances considered to be carcinogenic, mutagenic or harmful to human reproduction; and
- Substances that present a risk of carcinogenesis, mutagenicity or harm to human fertility, but the available data are insufficient to satisfactorily assess the risk
The above-mentioned ban applies to substances that are carcinogenic, mutagenic or harmful to reproduction at a concentration exceeding 0.1%, but it is expected that the upper limit of concentration of some related substances will be lower. If a certain type of substance is carcinogenic, mutagenic or harmful to reproduction and is deemed suitable for use in toys after an assessment by the European Scientific Committee, and there are no other substitutes on the market, the relevant substance may be exempted.
The proposal to amend the Toy Safety Directive adds a new Article 5 to elaborate on the responsibilities of importers. The key points are as follows:
comply with applicable regulations;
Verify the following before putting toys on the market:
The manufacturer has carried out appropriate conformity assessment procedures;
The manufacturer has drawn up technical documentation;
The toy comes with the specified conformity mark and required documentation.
Toys shall be marked with the name and contact address of the importer.
If the importer has reason to believe that the toy does not comply with the requirements, it 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.
For many allergenic substances and fragrances that have been banned from use in cosmetics, the bill also bans their use in toys or introduces strict labeling requirements. In addition, warnings on toys must state the guidelines for safe use, such as restrictions on the toy's users (such as age or weight limits), the user's required abilities, and adult supervision requirements. The European Commission said it will draw up a guidance document to provide practical guidance on toy warnings.
The bill also expands the scope of regulations for toys that are intended for children under 36 months of age to put in their mouths, and adds requirements for the risk of suffocation due to inhalation.
Regarding toys accompanying food, the European Commission recommends the following measures:
Toys given away with food must be packaged separately from the food;
The packaging itself must not present a suffocation risk; and
It is forbidden to have toys hidden deep in food, and the food must be eaten before the toy can be obtained.
Other suggestions include:
Set up an independent laboratory to test toys for which standards have not yet been established, such as toys containing magnets;
Member states strengthen market supervision measures;
If the marking on the toy cannot be clearly seen through the packaging, the packaging must bear a permanent CE mark; and
Toy manufacturers are responsible for establishing technical files for their products so that market supervision authorities can inspect the design and production of toys.
Consumer groups welcomed the directive proposed by the European Commission, but expressed concern that some chemical substances may be exempted, and pointed out that the list of banned allergenic substances is not comprehensive.
The European Parliament and the Council of Ministers of the European Union are conducting a first reading of the directive bill in order to finalize and adopt the content of the bill. In view of last year's toy recall incident and widespread media attention, revision of the Toy Safety Directive is imminent. It is expected that the legislative process of the directive will be faster than the two years normally required.
The full text of the motion is available at the following website:http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0009:FIN:EN:PDF Or it can be downloaded in the attachment.
- Reference source: Hong Kong Trade Development Network 2008-02-13
Other related file downloads:
Proposal for Toys Directive presented by the EC 2008-01-25.pdf
