European Communities (Safety of Toys) Regulations, 2011

• Jurisdiction: Ireland
• Citation: IR SI 14/2011
• Year: 2011

STATUTORY INSTRUMENTS.

S.I. No. 14 of 2011

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EUROPEAN COMMUNITIES (SAFETY OF TOYS) REGULATIONS

2011

(Prn. A11/0095)

2[14]

S.I. No. 14 of 2011

EUROPEAN COMMUNITIES (SAFETY OF TOYS) REGULATIONS

2011

I, BATT O’KEEFFE, Minister for Enterprise, Trade and Innovation, in

exercise of the powers conferred on me by section 3 of the European

Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to

Directive 2009/48/EC of the European Parliament and of the Council of 18 June

2009

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, hereby make the following regulations:

Citation and Commencement

1. (1) These Regulations may be cited as the European Communities (Safety

of Toys) Regulations 2011.

(2) These Regulations come into operation on 20 July 2011.

Revocation

2. (1) The European Communities (Safety of Toys) Regulations 1990 (S.I.

No. 32 of 1990) (“1990 Regulations”), other than Regulation 4 in so far as that

Regulation relates to Article 2(1) and Part 3 of Annex II of Council Directive

88/378/EEC of 3 May 1988

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(“Directive 88/378/EEC”), are revoked with effect

from 20 July 2011.

(2) The said Regulation 4, in so far as it so relates, is revoked with effect from

20 July 2013.

(3) References in any other instrument to the Regulations revoked under

paragraphs (1) and (2) shall be construed as references to these Regulations,

as appropriate.

Scope

3. (1) These Regulations apply to toys which are placed on the market on or

after 20 July 2011.

(2) These Regulations do not apply to the following toys:

(a) playground equipment intended for public use;

(b) automatic playing machines, whether coin-operated or not, intended

for public use;

(c) toy vehicles equipped with combustion engines;

(d) toy steam engines; and

1

OJ No. L 170, 30.6.2009, p. 1.

2

OJ No. L 187, 16.7.1988, p. 1.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st January, 2011.

[14] 3

(e) slings and catapults.

(3) Nothing in these Regulations shall impede the making available on the

market of toys which are in accordance with the 1990 Regulations and which

were placed on the market before 20 July 2011.

(4) In addition to the requirement of paragraph 3, nothing in these

Regulations shall impede the making available on the market of toys which are

in accordance with the requirements of these Regulations, except those set out

in Part III of Annex II, provided that such toys meet the requirements set out

in Part 3 of Section 2 of Annex II to Directive 88/378/EEC and were placed on

the market before 20 July 2013.

Definitions

4. (1) In these Regulations, save where the context otherwise requires—

“accreditation” has the meaning assigned to it by Regulation (EC) No. 765/2008

of the European Parliament and of the Council of 9 July 2008

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(“Regulation

(EC) No. 765/2008”);

“Agency” means the National Consumer Agency;

“Annex” means an Annex to the Toy Safety Directive;

“Article” means an Article of Regulation (EC) No. 765/2008;

“applicable requirements” means the requirements of these Regulations;

“approved model” means a model of a toy in respect of which an EC type-

examination certificate is in force;

“authorised officer” means a person appointed and holding office under

Regulation 38;

“Commission” means the European Commission;

“Community” means the European Communities;

“competent authority” means the body referred to in Regulation 6;

“compliant” means compliant with the requirements of these Regulations;

“conformity” means conformity with the relevant Community harmonisation

legislation;

“EC declaration of conformity” means the declaration referred to in

Regulation 17;

“EC-type examination” means the examination referred to in Regulation 20;

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OJ No. L 218, 13.8.2008, p. 30.