Future Amendment for the TSD 88/378/EEC

The European Commission has tabled a new directive to improve toy safety in Europe. The proposal aims at enhancing the safety of toys replacing and modernizing the Toy Directive 88/378/EEC
of May 3, 1988. The report on the safety of toys, drafted by Ms. Marianne Thyssen (EPP-ED, BE), was adopted on Thursday November 6, 2008 by the Committee on the Internal Market and Consumer Protection.

The revision has a threefold objective:

• New and higher safety requirements to cope with recently identified hazards
• Strengthen manufacturers’ and importers’ responsibility for the marketing of toys
• Enhance market surveillance obligations of Member States

The most important innovations of the new directive are:

• A total ban on the use of chemical substances that are carcinogenic, mutagenic, or toxic for reproduction. Exceptions can only be granted on a case-by-case basis if the European Scientific Committee has confirmed there are no risks.
• Completely new rules on allergenic fragrances. 55 fragrances have been banned from use in toys. A limited number of fragrances are allowed, but these need to be clearly labeled.
• New very strict rules as regards heavy metals. For aluminum, copper, nickel and tin, maximum values are imposed for the first time. For lead, cadmium, mercury and chrome VI, only traces that cannot be avoided with good manufacturing practices are allowed. On top of that, the European Parliament has cut by half the maximum values proposed by the European Commission
• Stricter rules as regards sounds produced by toys: the directive explicitly states that the sound produced by toys cannot impair children’s hearing and the existing standards for sound will be revised and made stricter.
• Warnings on toys need to be in a language that is understandable to consumers and be visible at the point of sale, i.e. before the toys are bought.
• New, clear rules to prevent the risk of suffocation.
• For the first time, rules regarding toys in food will be introduced.
• Stricter market surveillance on all toys that come into the European Economic Area. The Toy Safety Directive is the first implementation of the new goods package, which introduces stricter controls for all goods coming onto the EEA, as well as within the European Union and at its borders.

Measures include:

• A stricter wording of the general, essential safety requirements, taking into account “real” behavior by children. This includes a more detailed description of the mechanical and physical properties toys need to comply with.
• Specific rules within the Toy Directive concerning the use of hazardous chemical substances in toys (specifically, CMR - chemicals that are carcinogenic, mutagenic, or toxic for reproduction).
• Limiting the use of allergenic fragrances in toys.
• Stricter rules concerning the safety warning and manuals for toys. Websites selling toys also need to publish warnings.
• Establishment of specific rules with regard to toys in food: toys which come with food need to be packaged separately to avoid that the toy ends up in the child’s mouth together with the food. To exclude choking hazards the toy package needs to be sufficiently big and carry a clear warning (“Toy inside. Adult supervision recommended”).
• Better market supervision: toy manufacturers need to make a complete technical dossier for each toy and carry out a safety assessment prior to marketing a toy.
• Better demarcation of the scope of the directive taking into account new toys that have come in the EEA.