Erhvervsudvalget 2007-08 (2. samling)
KOM (2008) 0009 Bilag 4
Offentligt
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ANEC-CHILD-2008-G-039
19 June 2008
ANEC/BEUC Fact sheet
Specific requirements for warnings should be introduced
Background
Warnings and labels are increasingly used as substitutes for requiring a manufacturer
to put safe toys on the market. Warnings and labels should only be complementary to
strict safety measures and should not preclude the manufacturer from an obligation to
ensure that the toy does not present and avoidable risk or hazard to the user or third
parties.
Our proposals for amendments
CHAPTER III
CONFORMITY OF THE TOY
Article 9
Essential safety requirements
2.
Toys shall not jeopardize the safety or health of users or third parties when they are
used as intended or in a foreseeable way, bearing in mind behaviour of children.
The ability of the users and where appropriate their supervisors shall be taken into
account, in particular, in the
case of toys which, by virtue of their functions,
dimensions and characteristics, are intended for use by children of under 36 months.
Labels on toys
and/or
on their packaging and the instructions for use which
accompany them must draw the attention of users or their supervisors to the inherent
hazards
of the toys
and
the related
risks involved in using the toys and to the ways of
avoiding them.
Justification:
It does not always make sense to consumers when a warning only indicates which parts of a
toy may cause harm or that the toy contains a specific chemical. For example, it is not clear
to consumers that the warning “small balls” suggests that the toy presents a risk of choking.
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Warnings should therefore provide users with clear information on both the inherent
harms/hazards and the related risks involved in using a toy.
Article 10
Warnings
1.
Where appropriate for safe use, warnings made for the purposes of Article 9 (2) shall
specify appropriate user limitations, in accordance with Part A of Annex V.
As regards the categories of toys listed in Part B of Annex V, the warnings set out
therein should be used.
2.
The manufacturer shall mark the warnings in
an
accurate, clearly
visible,
and easily
legible manner, so that they are conspicuously displayed
on the toy, on an affixed label
or on the
consumer
packaging and, if appropriate, on the instructions for use which
accompany the toy. Small toys that are sold without packaging shall have appropriate
warnings affixed to them.
Warnings specifying the minimum and maximum ages for users shall be visible,
legible and conspicuously displayed
on the packaging of toys
and at the point of sale.
Warnings which are necessary for choosing a toy that is safe in connection to the
intended use or user must be indelibly and conspicuously displayed on the toy itself
or/and on the packaging in such a way that the consumer can read the information
before purchase. This provision applies to the warnings in Annex V Part B.
Justification:
It is imperative for the consumer not to find out that a toy is unsafe for a child after having
opened the packaging at home. If this occurs, consumers might not take the toy away from the
child and return it to the point of sale. Consumers should therefore be able to see and
understand the warnings before purchase, in order to assess the hazard related to the toy they
want to buy and to decide whether the toy is suitable for the child from a safety point of view.
Warnings that should be remembered every time the toy is used, or a long time after
the toy has been purchased, in order to avoid unsafe use or misuse, shall be
permanently marked on both the toy and its packaging. This applies to the warnings in
points 2, 5 and 6 of Annex V Part B.
Justification:
In some cases, consumers need to be reminded of the warning every time a toy is used or a
long time after the toy is bought, in order to avoid related risks. E.g. on an inflatable mattress
that shall not be used in salted water (sea), it is crucial to have this warning permanently
marked; the same applies to a toy that needs to be taken away from the child when he/she
exceeds a certain limit f age.
Warnings that should be remembered every time the toy is used, or a long time after
the toy has been purchased, in order to avoid unsafe use or misuse, shall be
permanently marked on both the toy and its packaging. This applies to the warnings in
points 2, 5 and 6 of Annex V Part B.
Justification:
This is important in order to make it clear to consumers that the information relates to safety.
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The Commission shall prepare guidelines concerning the way the warnings should be
presented. These guidelines shall be drawn up together with the various stakeholders
and Member States authorities taking into account developments of scientific and
technical knowledge.
Justification:
In the Explanatory Memorandum of the Commission’s proposal, point 3.1.2, it is foreseen
that the Commission will prepare guidelines on the presentation of warnings together with
stakeholders. This provision should be reintroduced in the legal text as there is a need for
some clarification concerning the presentation of warnings and the size and clarity of
symbols and text. These guidelines could help defining specific labelling conditions. In this
context, CEN Guide 11 on product information should be taken into account, as well as CEN
TR 13387, a technical report on child care articles.
ANNEX V
WARNINGS
(Article 10)
PART B – SPECIFIC WARNINGS AND INDICATIONS OF PRECAUTIONS TO BE
TAKEN WHEN USING CERTAIN CATEGORIES OF TOYS
3.
Functional toys
“Functional toy” means a toy which performs and is used in the same way as a
product, appliance or installation intended for use by adults, and may be a scale model
of such a product, appliance or installation.
Functional toys or their packaging shall bear the marking 'Warning: to be used under
the direct supervision of an adult'.
In addition, these toys shall be accompanied by directions giving working instructions
as well as the precautions to be taken by the user, with the warning that failure to take
these precautions would expose the user to the hazards - to be specified - normally
associated with the appliance or product of which the toy is a scale model or an
imitation. It shall also be indicated that the toy must be kept out of the reach of very
young children.
Remark from ANEC/BEUC: the age range of “very young children” needs to be specified in
order to avoid misinterpretation of the legal text.
4.
Toys containing inherently dangerous substances or preparations. Chemical toys
Without prejudice to the application of the provisions laid down in Community
directives on the classification, packaging and labelling of dangerous substances or
preparations, the instructions for use of toys containing inherently dangerous
substances or preparations shall bear a warning of the dangerous nature of these
substances or preparations and an indication of the precautions to be taken by the user
in order to avoid hazards associated with them, which shall be specified concisely
according to the type of toy. The first aid to be given in the event of serious accidents
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resulting from the use of this type of toy shall also be mentioned. It shall also be stated
that the toys must be kept out of reach of very young children.
Remark from ANEC/BEUC: the age range of “very young children” needs to be specified in
order to avoid misinterpretation of the legal text.
In addition to the instructions provided for in the previous subparagraph, chemical
toys shall bear the following marking on their packaging:
‘Warning: Not suitable for children under (¹) years. For use under adult supervision'.
In particular, the following are regarded as chemical toys: chemistry sets, plastic
embedding sets, miniature workshops for ceramics, enamelling or photography and
similar toys which lead to a chemical reaction or similar substance alteration during
use.
5.
Skates, roller skates, online skates, skateboards, scooters and toy bicycles for
children
If these toys are offered for sale as toys they shall bear the following markings:
'Warning: protective equipment should be worn. Not to be used
on public roads or
public pathways or on the pavement of these. Not be used by children with a weight of
more than 20 kg'.
Moreover, the instructions for use shall contain a reminder that the toy must be used
with caution, since it requires great skill, so as to avoid falls or collisions causing
injury to the user and third parties. Some indication shall also be given as to
recommended protective equipment (helmets, gloves, knee-pads, elbow-pads, etc.).
7.
Toys in food
Toys contained in food or co-mingled with food shall contain the warning:
“Adult supervision recommended”.
Food products containing toys must bear the following warning, irrespective of the age
of the child: “Warning: contains a toy”, or, in case the toy is packed in a hazardous
container: “Warning, contains a toy and a container – choking hazard. Remove these
items before giving the product to the child”
Justification:
Some products indicate that there is a “surprise inside”, without mentioning if this surprise is
edible or not. In such case, a child could confuse e.g. a little ball (inedible/toy) with a
chewing gum shaped like a ball (edible). See also ANEC/BEUC fact sheet on toys in food.
8.
Imitations of protective masks and helmets
Imitations of protective masks and helmets shall contain the warning:
‘Warning: this toy does not provide protection.’
END.
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