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On the 30th of June, 2009 the new Toy Safety Directive was published. It substantially amends the old Directive across virtually all safety aspects. It fulfils, to the highest level, the newest health and safety standards. It improves the existing rules for the marketing of toys that are produced in and imported into the EU in hopes of reducing toy related accidents and achieving long-term health benefits.
According to its Better Regulation initiative, the Commission has also engaged in simplifying the current legislative framework and increasing its quality and efficiency.
The new Directive 2009/48/EC applies to toys defined as “products designed or intended, whether or not exclusively, for use in play by children under 14 years of age”. It foresees 19 products not to be considered as toys within the meaning of the Directive and 5 toys the Directive is not applying to (for example, toy steam engines, slings…etc.).
This new Directive came into force on the 20th of July, 2009, and will become a legal document in all Member States once it has been implemented into national legislation (by the 20th of January, 2011).The Member States must begin applying the new measures from 20th of July, 2011 and on.
The Member States have 18 months to implement the new directive. During this transitional period, both the old and the new Directives may be used. The Member States must begin applying the new measures from the 20th of July, 2011.
It brings in particular more references on chemicals into the Directive itself by limiting the amounts of certain chemicals that may be contained in materials used for toys.
Chemicals that are susceptible to provoke cancer, change genetic information or harm reproduction, so-called CMR (Carcinogenic, Mutagenic or Toxic for Reproduction) substances, are no longer allowed in accessible parts of toys. For certain substances like nickel, the tolerable limit values have been reduced and those heavy metals which are particularly toxic, like lead or mercury, may no longer be intentionally used in toys. Allergenic fragrances are either completely forbidden, if they have a strong allergenic potential, or have to be labelled on the toy if they are potentially allergenic for some consumers.
Recognising that this is a more complicated area, the parts of the Directive relating to chemical content will come into force on the 20th of July, 2013.
To Download the NEW Toy Safety Directive 2009/48/EC: CLICK HERE