Toys contribute to child development and play is an essential part of growing up. However, toys have to be safe for children to play with. Ensuring that toys marketed in the EU do not put children at risk is a priority. EU legislation aims to ensure that toys meet safety requirements that are amongst the strictest in the world, especially in relation to the use of chemicals in toys.
The original Toys directive, 88/368/EEC, was repealed in July 2011. The new Toys Directive (2009/48/EC) was was published on the 30th June 2009 in the Official Journal of the EU. The new directive came into force on the 20th January 2011 with a transitional period ending on the 20th of July 2011.Please contact us for the information on the changes of the new Toy directive.
The technological developments in the toys market raised new issues with respect to the safety of toys, and made consumers express increased concerns in this regard. The experience made with the operation of the “old” Directive 88/378/EEC on the safety of toys led to the conclusion that there was a need to update and complete the safety requirements, in particular in areas such as noise and chemicals in toys and choking hazards presented by toys in food. At the same time, market surveillance authorities highlighted the need to ensure a coherent approach, in particular in the areas of implementation of legislation and of market surveillance, towards a very different market compared to the market existing at the time when Directive 88/378/EEC entered into force in 1988. The new Directive 2009/48/EC, therefore, needed to be adapted to those developments. According to its Better Regulation initiative, the Commission had also engaged in simplifying the legislative framework and in increasing its quality and efficiency.
Requirements of the Directive
Satisfy the ‘essential safety requirements’ in the regulations Properly marked to ensure traceabilityBear the CE markBe accompanied by instructions for use, and warnings where necessary
• Perform the Toy testing
• Compile a Technical File
• Prepare a Declaration of Conformity
• Put CE Mark on the product
The Directive applies to products designed or intended (whether or not exclusively) for use in play by children under 14 years old.
There are some exclusions listed in the Directive:
• Playground equipment intended for public use
• Automatic playing machines, whether coin operated or not, intended for public use
• Toy vehicles equipped with combustion engines
• Toy steam engines
• Slings and catapults
Please refer to annex 1 of the Toys directive for detailed requirements.
Services that we offer as a Notified Body
Technical File Review:
A Technical File is required in order to comply with the Toys Directive. We will review your Technical File for conformity to the requirements of the directive and provide recommendations on any areas requiring further action or improvements.
Technical File Lodging:
CEM will acknowledge receipt and provide secure storage for 10 years after the date of last manufacture.
Toys Testing Service If required, CEM will arrange for equipment to be tested to ensure that it conforms to the requirements of the Toys Directive.
Toy Testing Service
CEM will arrange for equipment to be tested to ensure that it conforms to the requirements of the Toy Directive.
Upon successful assessment, Directive (2009/48/EC) requires a technical documentation as laid out in Article 21. The technical documents must enable the conformity of the toy with the requirements of the Directive to be assessed. The following documentation is required:
• a description of the means (such as the use of a test report or technical file) whereby the manufacturer ensures conformity of production with the standards referred to in Article 13
• where appropriate: an EC type-certificate drawn up by an notified body; copies of the documents the manufacturer has submitted to the notified body; a description of the means whereby the manufacturer ensures conformity with the approved model,
• the addresses of the locations used for manufacture and storage of the product, detailed information concerning the design and manufacture of the product.
The manufacturer, or his authorised representative established in the European Community, is requested to keep copies of the technical documentation for a period of 10 years after the last product has been placed on the market.
CEM International is a notified body for the toy safety directive and as such can assist with certification of toys.