Compliance with the TSD 88/378/EEC

The directive applies to all toys whether they are new or second hand, and whether they are sold
or given away. Manufacturers, importers, retailers, hirers and any other supplier may be held responsible for supplying toys which do not comply with the directive’s requirements. Someone in the chain of supply must take responsibility for CE marking the toys. Most often this will be
the manufacturer, but where the manufacturer is based outside the EU, their Authorized Representative or the importer of the goods will be held responsible.

Labeling for Toys, Age Labeling & Age Warnings

By using proper labeling, age labeling and age warnings, you can prevent a customer from buying
an unsuitable toy for a young child, thus you may well be preventing that child from injuring himself or herself, or you may also make sure that an inappropriate toy doesn’t become an unsafe toy in the wrong hands.

CE marked toys must meet special requirements for labeling including age labeling and warnings for children of various ages and in particular, warnings for toys that are deemed to be unsuitable for children less than 36 months. EU standards also give an alternative symbol for such warnings in the place of text.

Declaration of Conformity

In many cases, the manufacturer can self-declare that their products meet the legal requirements contained in the TSD by preparing a document called the “Declaration of Conformity” plus a set of “Technical Files”, which support their self-claim.

Technical Files & European Authorized Representative

If a manufacturer is based outside the European Economic Area (27 EU+EFTA Member States), the manufacturer needs to appoint a European Authorized Representative within the EEA Member States to keep the “Declaration of Conformity” and “Technical Files” for inspection by any EU surveillance authorities.

The name and address of the European Authorized Representative must be printed on the package
of toys along with the CE marking.

For non-EU manufacturers: Appoint a European Authorized Representative established within the European Community.

Non-Compliance

The directive portrays European Law enforced within the European Economic Area (EEA); non-compliance with the directive’s requirements will result in the removal of the toy from the market and the revoking of the CE marking affixed on the toy.