The revised Toy Safety Directive, tabled by the European Commission last January (EurActiv 28/01/08), will update European safety law to take into account developments in the modern toy industry.
At present, toys are often manufactured using materials and technology for which no prior rules existed. The legislation, adopted by the MEPs with 481 votes in favour and 73 against amid 40 abstentions at their Strasbourg plenary session yesterday (18 December), will replace previous laws, which "had given good service but needed replacing," read a Parliament press release.
The new rules will "beef up safety regulations", ban the use of "carcinogenic, mutagenic and toxic substances" in toys and "restrict the use of heavy metals and fragrances," the Parliament statement continued.
Stricter rules for chemicals
Under the new rules, chemicals that are capable of causing cancer, changing genetic information and harming reproduction (known as 'CMR' substances) are banned in "accessible parts of toys". Lead and mercury can "no longer be intentionally used," nickel is less widely tolerated and allergenic fragrances are either completely forbidden (55 substances) or must be labelled if below a certain limit.
Rules to prevent choking on small parts are strengthened and health warnings must be marked in a more visible and legible manner. Likewise, the CE mark, which indicates that a toy is in compliance with EU rules, must now be affixed on packaging too if not otherwise clearly visible on the product.
More obligations for industry…
Toy manufacturers must carry out their own safety assessments to ascertain whether products comply with the new directive "to allow traceability by the market surveillance authorities". Meanwhile, importers are obliged to check whether manufacturers have carried out the necessary safety checks.
EU member states will be able to impose "penalties" should industry fail to comply with the terms of the directive. It is up to governments to make sure that national market surveillance authorities are performing adequate checks at extra-EU borders, while the authorities have been granted the right to destroy toys "presenting a serious risk".
…but consumer groups unhappy
Consumer groups widely condemned the new legislation for favouring industry over safety concerns. BEUC, the European consumer organisation, claimed the new measures meant that "many dangerous chemicals, such as carcinogenic substances, allergenic fragrances and hormonal disrupting chemicals" would still be allowed in toys.
Moreover, "most toys will not have to be checked by an independent third-party before being placed on the market," BEUC complained. A proposal for such a requirement was rejected by a majority of MEPs in yesterday’s vote, which was among the reasons for which Green/EFA members voted against the entire package amid accusations that it was ill-thought out.
"It is regrettable that the Parliament did not give itself sufficient time to bring further improvements. Rather than producing good legislation, [Industry] Commissioner [Günter] Verheugen and the French Presidency were more concerned about the PR benefits of announcing these new rules one week before Christmas," the group stated.
In a related development, Consumer Affairs Commissioner Meglena Kuneva yesterday signed a 'toy safety pact' between the EU executive and key retailers and importers.
The agreement saw industry representatives give their backing to various measures to boost product safety, particularly by providing education and training on standards. "Children are our most vulnerable consumers, and there can be no compromise when it comes to ensuring their well-being," said Commissioner Kuneva, explaining the need for the pact.
Meanwhile, EU governments have a maximum of 18 months to transpose the new Toy Safety Directive into national law.



