European Communities (Safety of Toys) Regulations, 2011

JurisdictionIreland
CitationIR SI 14/2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st January, 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 20091 , 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 19882 (“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

(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 20083 (“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;

“essential safety requirements” mean the general safety requirements specified in Regulation 13(1) and the Particular Safety Requirements set out in Annex II;

“market” means the Community market;

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

“Minister” means the Minister for Enterprise, Trade and Innovation;

“notified body” means a conformity assessment body that has been notified under these Regulations;

“prescribed” means prescribed by regulations made by the Minister;

“required” means required by these Regulations;

“toy” means a product designed or intended, whether or not exclusively, for use in play by children under 14 years of age, but does not include a product listed in Annex I;

“Toy Safety Directive” means Directive 2009/48/EC of the European Parliament and of the Council of 18 June 20091 .

(2) A word or expression which is used in these Regulations and is also used in the Toy Safety Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in that Directive.

These Regulations “relevant statutory provisions” within meaning of Consumer Protection Act 2007

5. The definition of “relevant statutory provisions” in section 2 of the Consumer Protection Act 2007 (as amended by Regulation 18(3) of the European Communities (Names and Labelling of Textile Products) Regulations 2010 ( S.I. No. 485 of 2010 )) is amended by substituting for paragraphs (e) and (f) the following:

“(e) this Act and any instrument made under this Act for the time being in force,

(f) the European Communities (Names and Labelling of Textile Products) Regulations 2010 ( S.I. No. 485 of 2010 ), and

(g) the European Communities (Safety of Toys) Regulations 2011;”.

Agency to be market surveillance authority and competent authority

6. The Agency, for the purposes of these Regulations, is both the market surveillance authority and the competent authority in the State.

Obligations of manufacturers

7. (1) A manufacturer shall, before placing a toy on the market, comply with Regulation 21.

(2) When placing a toy on the market, a manufacturer shall—

(a) ensure that it has been designed and manufactured in accordance with the requirements set out in the essential safety requirements,

(b) draw up the required technical documentation in accordance with Regulation 24 and carry out or have carried out the applicable conformity assessment procedure in accordance with Regulation 20,

(c) where compliance of a toy with the applicable requirements has been demonstrated by that procedure, draw up an EC declaration of conformity, and affix the CE marking as provided for in these Regulations,

(d) keep the technical documentation and the EC declaration of conformity for a period of 10 years after the toy has been placed on the market,

(e) ensure that procedures are in place for series production to remain in conformity; changes in toy design or characteristics and changes in the harmonised standards by reference to which conformity of a toy is declared shall be adequately taken into account,

(f) when deemed appropriate with regard to the risks presented by a toy, to protect the health and safety of consumers, carry out sample testing of marketed toys, investigate, and, if necessary, keep a register of complaints, of non-conforming toys and toy recalls, and keep distributors informed of any such monitoring,

(g) ensure that his, her or its toys bear a type, batch, serial or model number or other element allowing their identification, or, where the size or nature of the toy does not allow it, that the required information is provided on the packaging or in a document accompanying the toy,

(h) indicate his, her or its name, registered trade name or registered trade mark and the address at which he, she or it can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy; the address shall indicate a single point at which the manufacturer can be contacted, and

(i) ensure that the toy is accompanied by instructions and safety information in English.

(3) A manufacturer who considers or has reason to believe that a toy which he, she or it has placed on the market is not in conformity with the relevant Community harmonisation legislation shall immediately take the corrective measures necessary to bring that toy into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the toy presents a risk, the manufacturer shall immediately inform the competent authorities of the Member States in which he, she or it made the toy available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

(4) A manufacturer shall, further to a reasoned request from the competent authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of the toy, in English. He, she or it shall cooperate with that authority, at its request, as regards any action taken to eliminate the risks posed by a toy which he, she or it has placed on the market.

Authorised representatives

8. (1) A manufacturer may, by a written mandate, appoint an authorised representative.

(2) The obligations laid down in Regulation 7(2) and the drawing up of technical documentation shall not form part of the authorised representative’s mandate.

(3) An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to do at least the following:

(a) keep the EC declaration of conformity and the technical documentation at the disposal of national surveillance authorities for a period of 10 years from the date when the toy was placed on the market;

(b) further to a reasoned request from a competent authority in a Member State, provide that authority with all the information and documentation necessary to demonstrate the conformity of a toy;

(c) cooperate with each such competent authority, at its request, on any action taken to eliminate the risks posed by a toy covered by the mandate.

Obligations of importers

9. (1) An importer shall place only a toy which is compliant on the market.

(2) Before placing a toy on the market, an importer shall ensure that—

(a) the appropriate conformity assessment procedure has been carried out by the manufacturer,

(b) the manufacturer has drawn up the technical...

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