PART 2Prohibitions and Obligations on Economic Operators

Importers

Non-compliant toys and toys presenting a risk30

1

Paragraph (2) applies if an importer has reason to believe that a toy which the importer was intending to place on the market—

a

will not comply with the essential safety requirements during its foreseeable and normal period of use; and

b

presents a risk.

2

The importer must inform the manufacturer and the relevant enforcement authority of the risk presented by the toy.

3

An importer who has placed a toy on the market and has reason to believe that any provision of these Regulations has not been complied with in relation to the toy must immediately—

a

take the corrective measures which are necessary to ensure that the provision is complied with in relation to the toy, or withdraw or recall the toy, if appropriate; and

b

where the toy presents a risk, provide the relevant enforcement authority with information about the following matters.

4

The matters are—

a

the risk presented by the toy;

b

the non-compliance in question; and

c

any corrective measures taken in accordance with paragraph (1)(a).

5

An enforcement authority may request an importer who has placed a toy on the market to cooperate with it in relation to any action taken or to be taken to eliminate any risk posed by the toy.

6

The importer must comply with the request.