The Revised Toy Safety Directive 2009/48/EC - Implementation Challenges

Aug/10

On June 30th 2009 the revised Toy Safety Directive was published in the EU Official Journal. RQA reported the key changes within this Directive last October. The next step for companies is to ensure their products comply with the new requirements prior to the implementation dates.

Timings

Toy Safety standards are being reviewed, but will not be published until June 2011
The majority of the requirements within the directive become applicable on 20th July 2011
The chemical provisions within the directive become applicable on 20th July 2013

What does that mean for my Toy products?

All Toys placed on the market prior to 20th July 2011 must comply with the existing toy safety standards and Directive 88/378/EEC.

All Toys, whether new or existing designs, imported into the EU on or after 20th July 2011 must comply with the requirements of the new Directive.

How long can I keep selling stock placed on the market before 20th July 2011?

The individual member state Regulations are not all yet drafted so this is not defined however this is usually a "reasonable" period. Companies should be careful about holding too much stock that complies with the old requirements after this date and would be advised to talk to their relevant authority contact for more guidance.

How do I know if my products comply with the revised essential safety requirements?

One way companies can demonstrate compliance with the safety requirements in the Directive is to use the EN71 and related Toy Safety standards. All EN71 and related Toy Electrical standards are being changed but they will not be published until June 2011 at the earliest. This means companies have no final standard to use as means of demonstrating compliance for products they are designing now, for delivery on or after 20th July 2011.

What can companies do to assess product compliance?

For the EN71-1 standard a draft document is available for public comment (document 10/30217311 DC). This can be viewed at http://drafts.bsigroup.com/

However there are a further five amendments that were drafted prior to the Directive that are not included in this draft but will be published at the same time (A10 to A14). These have been the subject of previous public consultations (in 2008 and 2009) and must also be reviewed.

Companies will need to look for further draft documents relating to other standards such as EN71-2 Flammability, EN62115 Electrical Toys and EN71-8 Swings, Slides and similar Activity Toys.

Following the identification of any draft document, companies would be advised to compare the new requirements to their products and identify any key issues that may cause non-compliances.

What are some of the other main changes companies should investigate?

There are other changes that may take time to include into standard procedures and designs;

Markings & Warnings - Warnings must be preceded by the word "Warning" and where they relate to age grading of the toy they must be visible at the point of purchase - this includes on-line or catalogue purchase. Extra requirements for "age limitations" have been added for certain toys and there is more emphasis on the ability to trace the origin and supply route for the toy by adding manufacturer and importer addresses and a unique product identification.

Obligations of Economic Operators - Companies will need to define their role as defined in the Directive for each buying method, type of toy and the stage in the product cycle they become involved.

Technical Documentation - Technical documentation (previously called the "Technical file") still needs to be kept and the expected contents have been updated in-line with the latest requirements. An EC Declaration of Conformity must be available for each Toy. It must be in a set format, indicate the harmonised standards that have been used to confirm conformity and must be kept updated.

Documentation must be kept for 10 years "after the toy has been placed on the market".

Safety Assessments - Safety assessments must be conducted for every toy to ensure a full analysis of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the toy may present have been assessed. In additional an assessment of a child's potential exposure to these hazards must be included.

Continuity of Production - Companies must have systems in place to ensure that changes to products and harmonised standards do not affect product compliance

Toys in Food - Toys contained within food or co-mingled in food must have their own packaging which must not be a "small part" likely to cause a choking hazard. Toys included in food in a way that means the food is consumed to access the toy are prohibited.

Hygiene Requirements - Toys for children under 36 months must be designed so that they are able to be cleaned effectively and soft toys (without mechanisms) must be washable.

Please contact RQA Europe for further details or for assistance with your compliance