The aim of the new draft directive on the safety of toys is to strengthen and update the rules on toy safety.  The existing directive has given good service but needs replacing.
 
New types of toy have appeared on the market, with new materials and technologies being used for their manufacture. In addition, cases of toxic or dangerous toys being placed on the market, such as Mattel in 2007, have shown the need for tighter safety rules.  Lastly, new horizontal rules, such as those on the “goods package”, are about to enter into force and the toys directive needed to be brought into line with these.
 
MEPs gave their backing to the Commission's draft legislation but adopted amendments tightening restrictions on the use of chemicals, fragrances and heavy metals in toy manufacture and clarifying the rules on warnings.
 
Is this a toy which I see before me?
 
A toy is defined under the directive as a product intended to be used for playing by children under 14 years of age. A list of products not regarded as toys is annexed to the text.  It includes party decorations, collectors' items clearly intended for people aged fourteen or over (including reproductions of real firearms or faithful scale models), puzzles with more than 500 pieces, fireworks and new products such as video games and game consoles.
 
Safety first
 
Manufacturers will have to ensure that toys are not harmful or toxic to children's health. MEPs want Member States to apply the precautionary principle when enacting the legislation, especially if scientific evidence cannot determine whether a toy poses a risk.
 
Any toy placed on the EU market must meet general safety standards. MEPs backed a clause proposed by the Commission which requires manufacturers and importers to keep the technical documentation and the EC declaration of conformity for a period of 10 years after the toy has been placed on the market
 
Warning!
 
MEPs also clarified and strengthened the rules regarding warnings on packaging and on toys themselves: to make them more visible, they must be preceded by the word “Warning” Warnings must be in a language that is understandable to consumers and be visible at the point of sale, including on line shops.  Specific provisions concern warning stating that the toy is not suitable for children under 36 months.
 
“Not suitable for under-threes”
 
Toys for children under 36 months must meet higher safety standards. Some toys bearing the warning “Not suitable for children under three years” are clearly intended for such children (e.g. rattles). If a toy is obviously intended for the under-threes, it will no longer be possible to use this misleading.
 
Allergenic fragrances
 
The Commission proposal bans the use of some allergenic fragrances.  MEPs did not back a total ban but reached a compromise expanding considerably the list of banned fragrances up to 55 substances. This will affect toys such as play dough and dolls.  A limited number of substances, traces of which must not exceed a certain limit, will be allowed in educational toys designed to develop the senses, such as “olfactory, gustative and cosmetic games” but these need to be clearly labelled.
 
Carcinogenic, mutagenic or toxic for reproduction substances
 
The European Parliament also tightened up the restrictions on substances that are carcinogenic, mutagenic or toxic for reproduction (CMR), saying these should be almost completely banned. Exception can only be granted if the European Scientific Committee has confirmed there are no risks. The EP has also restricted the use of heavy metals by an overage reduction of 50% (in comparison with the EC standards) of migration limits of the following metals: arsenic, cadmium, chromium (VI), lead, mercury and organic tin.
 
Do not swallow
 
Other amendments toughened up the clauses seeking to reduce the risk of suffocation or strangling by small detachable parts or toys contained in food such as chocolate eggs.
 
No more deafening toys
 
New provisions on noise emitted by toys will be established. The aim is to protect children from the risk of impairment of hearing caused by sound emitting toys. New standards will be stronger and more comprehensive, they will limit the peak values for both impulse noise and prolonged noise emitted by toys.
 
Legal update
 
The broad legal framework governing the sale of goods in the EU, including CE marking provisions, has recently been updated. The toy safety directive is the first to reflect the requirements of the new framework.
 
The old directive “is not sufficient to deal with the risks from imported toys, since 95% of toys in Britain and 80% in the EU as whole are imported from China”, said Arlene McCarthy (PES, UK), chair of the Internal Market Committee. The new legislation will require Member States to carry out stricter checks on all toys that come onto market under Directive 2001/95/EC on general product safety.
 
In the future, the European Commission may, for the purposes of adapting the legislation to technical and scientific developments, amend the directive by the way of comitology, for instance regarding the use of CMR  specific limit values for chemicals used in toys intended for children under 36 months or in other toys intended to be placed in the mouth.
 
Entry into force and implementation
 
The directive shall enter into force twenty days after its publication inn the Official Journal. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 18 months after the publication of this Directive at the latest. However, in order to allow toy manufacturers and other economic operators sufficient time to adapt to the new requirements, it is necessary to provide for a transitional period of two years after the entry into force of this Directive during which toys which comply with the current legislation (Directive 88/378/EEC) may be placed on the market. In the case of chemical requirements, this period should be set at four years so as to allow the development of the harmonized standards which are necessary for compliance with those requirements.