Toy Safety Directive 2009/48/EC
The Toy Safety Directive 2009/48/EC was published in June 2009, and the previous version of the Directive (88/368/EEC) was repealed in July 2011. The application and enforcement are aligned with the so-called New Legislative Framework.
The Toy Safety Directive lays out the legal requirements that all toys sold within the EEA must comply with. Manufacturers, importers and suppliers must ensure their products comply, including mechanical and physical safety, flammability, and the migration of certain elements. Specialist testing is usually the easiest way of proving that a toy meets these requirements. There are also some administrative obligations that should be met, including creating and keeping a Technical File, producing a Declaration of Conformity and applying the CE mark to the toy.
Additionally, the directive requires that the manufacturer should do the following:
- Create a declaration of conformity and affix the CE logo to the product
- Maintain a technical filecontaining certain information about the toys (for a period of 10 years after the toy has been placed on the market)
- Ensure procedures are in place for series production to remain in conformity. If appropriate for the toy, manufacturers should also carry out sample testing and, if necessary, keep a register of complaints of non-conforming toys
- Ensure the toys bear a type, batch, serial or model number (or if not possible then include the information on the packaging or an accompanying document)
- Indicate on the toy their name, registered trade name or registered trade mark and the address at which they can be contacted (or if not possible then include the information on the packaging or an accompanying document)
- Supply appropriate instructions and safety information in an appropriate language
- Take appropriate corrective actions to deal with toys they have placed on the market that they consider or have reason to believe are not in conformity with the relevant Community harmonization legislation.