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Directive 2009/48/EC of the European Parliament and of the CouncilShow full title

Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (Text with EEA relevance)

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EU Directives are being published on this site to aid cross referencing from UK legislation. After IP completion day (31 December 2020 11pm) no further amendments will be applied to this version.

  1. Introductory Text

  2. CHAPTER I GENERAL PROVISIONS

    1. Article 1.Subject-matter

    2. Article 2.Scope

    3. Article 3.Definitions

  3. CHAPTER II OBLIGATIONS OF ECONOMIC OPERATORS

    1. Article 4.Obligations of manufacturers

    2. Article 5.Authorised representatives

    3. Article 6.Obligations of importers

    4. Article 7.Obligations of distributors

    5. Article 8.Cases in which obligations of manufacturers apply to importers and distributors

    6. Article 9.Identification of economic operators

  4. CHAPTER III CONFORMITY OF TOYS

    1. Article 10.Essential safety requirements

    2. Article 11.Warnings

    3. Article 12.Free movement

    4. Article 13.Presumption of conformity

    5. Article 14.Formal objection to a harmonised standard

    6. Article 15.EC declaration of conformity

    7. Article 16.General principles of the CE marking

    8. Article 17.Rules and conditions for affixing the CE marking

  5. CHAPTER IV CONFORMITY ASSESSMENT

    1. Article 18.Safety assessments

    2. Article 19.Applicable conformity assessment procedures

    3. Article 20.EC-type examination

    4. Article 21.Technical documentation

  6. CHAPTER V NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

    1. Article 22.Notification

    2. Article 23.Notifying authorities

    3. Article 24.Requirements relating to notifying authorities

    4. Article 25.Information obligation of notifying authorities

    5. Article 26.Requirements relating to notified bodies

    6. Article 27.Presumption of conformity

    7. Article 28.Formal objection to a harmonised standard

    8. Article 29.Subsidiaries of and subcontracting by notified bodies

    9. Article 30.Application for notification

    10. Article 31.Notification procedure

    11. Article 32.Identification numbers and lists of notified bodies

    12. Article 33.Changes to notifications

    13. Article 34.Challenge to the competence of notified bodies

    14. Article 35.Operational obligations of notified bodies

    15. Article 36.Information obligation of notified bodies

    16. Article 37.Exchange of experience

    17. Article 38.Coordination of notified bodies

  7. CHAPTER VI OBLIGATIONS AND POWERS OF MEMBER STATES

    1. Article 39.Precautionary principle

    2. Article 40.General obligation to organise market surveillance

    3. Article 41.Instructions to the notified body

    4. Article 42.Procedure for dealing with toys presenting a risk at national level

    5. Article 43.Community safeguard procedure

    6. Article 44.Exchange of information — Community Rapid Information Exchange System

    7. Article 45.Formal non-compliance

  8. CHAPTER VII COMMITTEE PROCEDURES

    1. Article 46.Amendments and implementing measures

    2. Article 47.Committee procedure

  9. CHAPTER VIII SPECIFIC ADMINISTRATIVE PROVISIONS

    1. Article 48.Reporting

    2. Article 49.Transparency and confidentiality

    3. Article 50.Motivation of measures

    4. Article 51.Penalties

  10. CHAPTER IX FINAL AND TRANSITIONAL PROVISIONS

    1. Article 52.Application of Directives 85/374/EEC and 2001/95/EC

    2. Article 53.Transitional periods

    3. Article 54.Transposition

    4. Article 55.Repeal

    5. Article 56.Entry into force

    6. Article 57.Addressees

    1. ANNEX I

      List of products that, in particular, are not considered as toys within the meaning of this Directive

      1. Decorative objects for festivities and celebrations Products for collectors, provided...

    2. ANNEX II

      PARTICULAR SAFETY REQUIREMENTS

      1. I. Physical and Mechanical Properties

        1. 1. Toys and their parts and, in the case of fixed...

        2. 2. Accessible edges, protrusions, cords, cables and fastenings on toys must...

        3. 3. Toys must be designed and manufactured in such a way...

        4. 4. Toys and their parts must not present a risk of...

        5. 5. Aquatic toys must be designed and manufactured so as to...

        6. 6. Toys which it is possible to get inside and which...

        7. 7. Toys conferring mobility on their users must, as far as...

        8. 8. The form and composition of projectiles and the kinetic energy...

        9. 9. Toys must be manufactured so as to ensure that:

        10. 10. Toys which are designed to emit a sound shall be...

        11. 11. Activity toys shall be manufactured so as to reduce the...

      2. II. Flammability

        1. 1. Toys must not constitute a dangerous flammable element in the...

        2. 2. Toys which, for reasons essential to their functioning, contain substances...

        3. 3. Toys other than toy percussion caps must not be explosive...

        4. 4. Toys and, in particular, chemical games and toys, must not...

      3. III. Chemical Properties

        1. 1. Toys shall be designed and manufactured in such a way...

        2. 2. Toys that are themselves substances or mixtures must comply also...

        3. 3. Without prejudice to the restrictions referred to in the second...

        4. 4. By way of derogation from point 3, substances or mixtures...

        5. 5. By way of derogation from point 3, substances or mixtures...

        6. 6. Points 3, 4 and 5 shall not apply to nickel...

        7. 7. Points 3, 4 and 5 shall not apply to materials...

        8. 8. Without prejudice to the application of points 3 and 4,...

        9. 9. The Commission shall systematically and regularly evaluate the occurrence of...

        10. 10. Cosmetic toys, such as play cosmetics for dolls, shall comply...

        11. 11. Toys shall not contain the following allergenic fragrances:

        12. 12. The use of the fragrances set out in points 41...

        13. 13. Without prejudice to points 3, 4 and 5, the following...

      4. IV. Electrical Properties

        1. 1. Toys shall not be powered by electricity of a nominal...

        2. 2. Parts of toys which are connected to, or liable to...

        3. 3. Electric toys must be designed and manufactured in such a...

        4. 4. Under foreseeable fault conditions, toys must provide protection against electrical...

        5. 5. Electric toys must provide adequate protection against fire hazards.

        6. 6. Electric toys must be designed and manufactured in such a...

        7. 7. Toys which have an electronic control system must be designed...

        8. 8. Toys must be designed and manufactured in such a way...

        9. 9. The electrical transformer of a toy shall not be an...

      5. V. Hygiene

        1. 1. Toys must be designed and manufactured in such a way...

        2. 2. A toy intended for use by children under 36 months...

      6. VI. Radioactivity

      7. Appendix A

      8. Appendix B

        1. CLASSIFICATION OF SUBSTANCES AND MIXTURES

          1. 1. Criteria for classifying substances and mixtures for the purposes of...

            1. A. Criteria to be applied from 20 July 2011 until 31...

              1. Substances

              2. Mixtures

            2. B. Criteria to be applied from 1 June 2015:

          2. 2. Community legal acts governing the use of certain substances for...

          3. 3. Categories of substances and mixtures classified as carcinogenic, mutagenic or...

            1. Substances

            2. Mixtures

          4. 4. Categories of substances and mixtures classified as carcinogenic, mutagenic or...

            1. Substances

            2. Mixtures

          5. 5. Categories of substances and mixtures classified as carcinogenic, mutagenic or...

            1. Substances

            2. Mixtures

      9. Appendix C

        Specific limit values for chemicals used in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth adopted in accordance with Article 46(2)

    3. ANNEX III

      EC DECLARATION OF CONFORMITY

      1. 1. No … (unique identification of the toy(s))

      2. 2. Name and address of the manufacturer or his authorised representative:...

      3. 3. This declaration of conformity is issued under the sole responsibility...

      4. 4. Object of the declaration (identification of toy allowing traceability). It...

      5. 5. The object of the declaration described in point 4 is...

      6. 6. References to the relevant harmonised standards used, or references to...

      7. 7. Where applicable: the notified body … (name, number) … performed...

      8. 8. Additional information:

    4. ANNEX IV

      TECHNICAL DOCUMENTATION

      1. The technical documentation referred to in Article 21 shall contain,...

      2. a detailed description of the design and manufacture, including a...

    5. ANNEX V

      WARNINGS

      1. PART A GENERAL WARNINGS

      2. PART B SPECIFIC WARNINGS AND INDICATIONS OF PRECAUTIONS TO BE TAKEN WHEN...

        1. 1. Toys not intended for use by children under 36 months...

        2. 2. Activity toys

        3. 3. Functional toys

        4. 4. Chemical toys

        5. 5. Skates, roller skates, online skates, skateboards, scooters and toy bicycles...

        6. 6. Aquatic toys

        7. 7. Toys in food

        8. 8. Imitations of protective masks and helmets

        9. 9. Toys intended to be strung across a cradle, cot or...

        10. 10. Packaging for fragrances in olfactory board games, cosmetic kits and...

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