Brussels, 25/01/2008 (Agence Europe) - On Friday 25 January, the European Commission adopted a proposal for a directive aimed at amending Directive 88/378/EC on toy safety in Europe. The aim is to establish stricter rules prohibiting the use of CMR (carcinogenic, mutagenic or toxic for reproduction) substances in toy manufacture in Europe. These substances can only be used if they are deemed safe by the SCHER (Scientific Committee on Health and Environmental Risks). Revision proposed has three objectives to: - impose new and stricter safety requirements in order to eliminate dangers recently identified; - step up the responsibility of manufacturers and importers regarding the marketing of toys; - and increase member states' obligations in the field of market surveillance.
The proposal for a directive tackles a broad range of issues, with a view to improving the rules in force on the marketing of toys produced in and imported to the EU, the aim being to reduce the number of accidents related to toys and to make improvements with regards public health. It mainly aims to: - ban the use of 35 chemical substances likely to provoke cancer (CMR substances are already banned in cosmetics); - reduce the limits allowed of certain dangerous chemical substances like lead or mercury; - prohibit allergenic fragrances; - oblige toy manufacturers to issue appropriate warnings to improve the prevention of accidents (the Commission will also carry out further work on more detailed guidelines on warnings); - strengthen the rules to prevent accidents due to small parts in toys; - ban toys which are firmly attached to a food product at the moment of consumption and which require food to be consumed before gaining access to the toy; - require toy manufacturers to establish comprehensive technical information for all their toys to allow market surveillance authorities to check the design and manufacture of the toy; - foresee testing of toys through independent laboratories where no standards for toys yet exist (e.g. for toys with magnets); - reinforce the importer's responsibility for ensuring that toys imported into the EU are safe; - enhance the visibility of the CE mark on the toy; - and oblige member states to lay down and impose penalties if toy manufactures/importers do not produce toys in line with the safety requirements of the directive.
The Commission proposal will be examined by the European Parliament and the EU Council with a view to being adopted as part of codecision procedure. Speaking before the press, Industry Commissioner Günter Verheugen said he hoped the procedure would be completed by the end of 2008 so that the directive can take effect early in 2009.
The current Directive 88/378/EC fixes the essential requirements for toy safety, whereas the specific technical details are set through standards (for toys standards EN 71). By way of these provisions, member states must ensure that only safe toys are placed on the market. This obligation is based on respect of essential safety requirements so that toys do not present any health hazard or any risk of injury. Generally speaking, the Commission states, the directive has worked well over the past 20 years of its existence. Planned for some time given the failings noted, revision has now become a necessity after a number of recent events such as the withdrawal of millions of toys manufactured in China found to present severe health risks (presence of magnets and high lead content in colouring). The Commission takes the view that it is therefore appropriate to update aspects for which it appears that Directive 88/378/EC no longer fully meets the objectives, namely that of ensuring an appropriate level of safety and also ensuring the correct functioning of the internal market for toys. It is a matter of taking account of the development of new products and of improved scientific knowledge, of ensuring more effective and binding compliance with the directive by member states and of simplifying the concepts and definitions in line with the principles applied by the Commission in the context of the “better regulation” initiative.
Revision of Directive 88/378/EC was the subject of broad public consultation attended by all parties concerned and for which the Commission received over 1,500 responses to its questions.
“Health and safety of children is non-negotiable and cannot be subject to any compromises. That is why we have to ensure that toys put on the market in Europe are safe. The proposed new directive which was adopted today incorporates the newest health and safety standards and improves the effectiveness and enforcement of the EU legal framework. Economic operators are now called upon to live up to their responsibilities to ensure that children can enjoy playing with toys without risks”, Mr Verheugen told the press. (E.H.)