European Communities (Safety of Toys) Regulations, 1990

JurisdictionIreland
CitationIR SI 32/1990

S.I. No. 32 of 1990.

EUROPEAN COMMUNITIES (SAFETY OF TOYS) REGULATIONS, 1990.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, 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 Council Directive 88/378/EEC of 3 May 1988(1) on the approximation of the laws of the Member States concerning the safety of toys hereby make the following Regulations:

(1) O.J. No. L187, 16.7.1988, p.1.

1 Citation and Commencement

1. (1) These Regulations may be cited as the European Communities (Safety of Toys) Regulations, 1990.

(2) These Regulations shall come into operation on the making thereof.

2 ..

2. (1) In these Regulations—

"appropriate fee" means the fee referred to in Regulation 10;

"approved body" means a body appointed under Regulation 6;

"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 under Regulation 17 to be an authorised officer for the purposes of these Regulations;

"authorised representative" means an authorised representative established within the Community;

"the Community" means the European Economic Community;

"the Council Directive" means Council Directive 88/378/EEC of 3 May 1988;

"the Director" means the Director of Consumer Affairs and Fair Trade;

"EC mark" means the EC Mark of conformity consisting of the symbol "CE", a specimen form of which is set out in the Second Schedule;

"EC type-examination certificate" means a certificate issued by an approved body indicating that the toy referred to in the certificate has been approved and that a model of the toy conforms to the essential safety requirements applicable to it;

"essential safety requirements" mean the essential safety requirements specified in Annex II of the Council Directive which is set out in the First Schedule;

"Member State" means a Member State of the Community;

"the Minister" means the Minister for Industry and Commerce;

"place on the market" shall be construed in accordance with Regulation 3;

"safe" shall be construed in accordance with Regulation 4 (2);

"standard specification" means

( a ) a standard specification declared in accordance with section 20 of the Industrial Research and Standards Act, 1961 (No. 20 of 1961), or

( b ) a standard declared or laid down by a body or person pursuant to the law of another Member State,

which conforms to a harmonized standard to which the Council Directive applies;

"toy" means a product or material designed or clearly intended for use in play by children of less than 14 years of age other than a product or material specified in Annex I of the Council Directive which is set out in the First Schedule.

(2) A reference in these Regulations to a Regulation or a Schedule is to a Regulation of, or a Schedule to, these Regulations.

(3) A reference in these Regulations to a paragraph is to the paragraph of the Regulation in which the reference occurs.

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

3 Scope

3. (1) In these Regulations "place on the market" means—

( a ) import,

( b ) sell (whether by wholesale or retail),

( c ) offer or expose for such sale,

( d ) distribute free of charge, or

( e ) supply by a manufacturer for any of those purposes, and cognate words shall be construed accordingly.

(2) These Regulations shall apply to every toy placed on the market on or after the 13 day of February, 1990:

Provided that these Regulations shall not apply to such a toy where any act was done in relation to the toy prior to the 13 day of February, 1990, which amounted to a placing of it on the market in the Community.

(3) Where in any proceedings under these Regulations evidence is adduced that a toy was placed on the market, it shall be presumed, until the contrary is proved, that no act was done in relation to that toy prior to the 13 day of February, 1990, which amounted to a placing of it on the market in the Community.

(4) The Industrial Research and Standards (Section 44) (Children's Toys) Order, 1985 ( S.I. No. 44 of 1985 ), shall not apply to a toy to which these Regulations apply.

4 Safety requirements for toys

4. (1) A person shall not place on the market a toy unless, in the condition in which it is placed on the market, it—

( a ) is safe,

( b ) carries in accordance with Regulation 14 or with a similar procedure of another Member State an EC mark and the other information required by Regulation 14, and

( c ) taking account of the period of its foreseeable and normal use, complies with the essential safety requirements.

(2) A toy shall be regarded as safe for the purposes of these Regulations if, when used in a foreseeable way and having regard to the normal behaviour of children, it does not jeopardise the safety or health of the user or any third party.

(3) Where a toy has affixed to it an EC mark in accordance with Regulation 14 or in accordance with a similar procedure of another Member State, the toy shall be presumed, until the contrary is proved, to comply with the essential safety requirements.

5 Prohibitions

5. (1) Where the Minister, the Director or an authorised officer is of opinion that a person is placing on the market a toy in contravention of Regulation 4, he may by direction in writing given to that person prohibit him from placing the toy on the market and he may, if he thinks fit, cause a notice to be published in at least one national daily newspaper notifying the public of the prohibition.

(2) The Minister or the Director may, as he thinks fit, withdraw a direction given by him or an authorised officer under paragraph (1).

(3) Any trader or importer who is affected by a direction given under paragraph (1) may appeal to the High Court against the direction and the Court, as it thinks proper, may annul or confirm the direction.

(4) A document purporting to be a direction given by the Minister, the Director or an authorised officer under paragraph (1) and to be signed by the Minister, the Director or an authorised officer (as the case may be) shall be received in evidence and deemed to be such a direction without further proof, unless the contrary is shown.

6 Approved Bodies

6. The Minister may appoint one or more bodies ("approved bodies"), which in his opinion meet the minimum criteria specified in Annex 111 of the Council Directive and which are set out in the First Schedule, to carry out EC type-examinations and the other functions of approved bodies under these Regulations and may revoke any such appointment.

7 Application for an EC type-examination certificate

7. (1) A manufacturer of a toy or his authorised representative shall, subject to paragraph (2), apply to an approved body for an EC type-examination certificate in respect of a model of the toy before placing it on the market.

(2) Where the toy conforms in whole to the standard specification applicable to it, an application under paragraph (1) shall be at the option of the manufacturer.

(3) An application under paragraph (1) shall be made in writing and shall contain such information and be supported by such documents as the approved body may reasonably require, including:

( a ) a description of the toy,

( b ) the name and address of the manufacturer or his authorised representative or representatives, and the place of manufacture of the toy, and

( c ) comprehensive manufacturing and design data,

and shall be accompanied by a model of the toy to be manufactured.

8 ..

8. (1) An approved body shall carry out the EC type-examination by—

( a ) examining the documents supplied by the applicant and establishing whether they are in order,

( b ) checking that the toy is safe, and

( c ) carrying out the appropriate examinations and tests using as far as possible the standard specification applicable to the toy in order to check whether the model meets the essential safety requirements.

(2) The approved body may, in carrying out the EC type-examination, request further examples of the model.

9 Grant or refusal of EC type-examination certificate

9. (1) Where an approved body, on application being made to it under Regulation 7 and after examining the documents supplied by the applicant and after carrying out tests and inspections of the model of the toy and any other models submitted to it—

( a ) is satisfied that the toy will be safe and that the model satisfies the essential safety requirements applicable to a toy of that type, it shall grant an EC type-examination certificate in respect of that model, subject to such conditions as the approved body thinks fit, or

( b ) is satisfied that the toy will not be safe or that the model does not satisfy the essential safety requirements applicable to a toy of that type, it shall refuse to grant an EC type-examination certificate in respect of that model and shall so inform the applicant.

(2) A certificate granted under paragraph (1) shall indicate any conditions subject to which it is granted and be accompanied by the description and drawings of the toy.

10 Fees

10. (1) An approved body may charge a fee (the "appropriate fee") which shall be equal to the amount which the approved body estimates it will incur in, or in connection with, carrying out or causing to be carried out the functions referred to in these Regulations in respect of the application concerned.

(2) Where the costs incurred are greater than the appropriate fee, the difference between those costs and that fee shall be payable by the manufacturer or his authorised representative to the approved body, and where those costs are less than the appropriate fee, the...

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