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EU’s Toy Safety Directive (2009/48/EC) & Compliance Obligations for the Exporters from China Dr. Rashmi Naidu Direct

EU’s Toy Safety Directive (2009/48/EC) & Compliance Obligations for the Exporters from China Dr. Rashmi Naidu Director (Technical Services) REACH Support, INDIA http://www.reach-or.com. About REACH Support . Most sought after, one of its kind helpdesk in Asia

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EU’s Toy Safety Directive (2009/48/EC) & Compliance Obligations for the Exporters from China Dr. Rashmi Naidu Direct

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  1. EU’s Toy Safety Directive (2009/48/EC) & Compliance Obligations for the Exporters from China Dr. Rashmi Naidu Director (Technical Services) REACH Support, INDIA http://www.reach-or.com

  2. About REACH Support • Most sought after, one of its kind helpdesk in Asia • Functions as the technical support centre to SSS (Europe) AB • Clientele spread across Asia, Europe and growing steadily to other places • Caters to over 800 companies presently • Offering Compliance Assistance Services for other European Regulations like TSD, ErP, CLP, etc • Providing “Only Representative” and Authorized Representative” services • Professionals comprise of experts who have been following European regulation since a long time

  3. Contents • Importance of Toys • Introduction & Scope of the Toy Safety Directive (TSD) • Exemptions • Compliance Procedures (Steps Involved) • Authorized Representative • Safety Assessment • Conformity Assessment • Technical Documentation • Markings & Warnings • European Toy Safety Standards to be referred • Deadlines

  4. Importance of Toys Toys are vital tools that help foster the mental, physical, emotional and social development of kids Toys come in close physical contact of the kids Toys have undergone tremendous technological development Technological developments in the toys market have, however, raised new issues with respect to the safety of toys and have given rise to increased consumer concerns

  5. Introduction & Scope of the Directive The 2009 Toys Safety Directive (TSD) was published in the Official Journal of the European Union on 30 June 2009 and entered into force on 20 July 2009. The general provisions of the 2009 TSD will be applicable to toys placed on the market as of 20 July 2011. The chemical provisions will be applicable to toys placed on the market as of 20 July 2013. SCOPE “products designed or intended, whether or not exclusively,for use in play by children under 14 years of age”

  6. Exemptions within the Directive Below are the list of examples that are not considered as toys but that could be subject to confusion. This list includes: Decorative objects for festivities and celebrations; Sports Equipments; Scooters and bicycles; Aquatic equipment; Electrically driven vehicles; Puzzles, guns and pistols; Products intended for use for educational purposes; Interactive software's like computer games; Fashion accessories for children; Fireworks and products and games with sharp missiles; Electrical transformer for toy.

  7. Compliance Procedures (Steps Involved) Safety Assessment Conformity Assessment Technical Documentation Conformity of Production Finalizing appropriate markings & warnings

  8. Authorized Representative (AR) The Chinese manufacturer may, by a written mandate, appoint an authorized representative (European legal entity). The AR has the following obligations: • Keep the EC declaration of conformity and the technical documentation (10 year rule applies) • Provide information to authorities on request • Co-operate with authorities on any action taken to eliminate the risks posed by toys covered by the mandate Drawing up of technical documentation shall not form part of the authorized representative’s mandate

  9. Safety Assessment Manufacturer– OBLIGATED to ensure that toys conform to the Essential Safety Requirements (carry out and document the safety assessment) There is NO set format for a Safety Assessment Can be carried out at any stage of development (earlier is better) but final assessment must reflect the final design Assessment of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the toy may present

  10. Conformity Assessment The manufacturer, having detailed knowledge of the design and production process is best suited to carry out this assessment ‘conformity assessment’ means the process demonstrating whether specified requirements relating to a toy have been fulfilled The CE marking should be the only marking of conformity indicating that the toy is in conformity with Community harmonization legislation EC declaration of conformity also required as part of the Conformity Assessment

  11. Technical Documentation The technical documentation must be assembled by the manufacturer and include- 1. Detailed description of design and manufacture 2. List of components and materials (including BOM i.e. Bill of materials, BOS and how to act by lack of information) 3. Safety data sheets (SDS) 4. Conformity assessment modules 5. Declaration of Conformity 6. Addresses and places of storage and manufacture 7. EC type examination procedure 8. Test reports

  12. Markings & Warnings 5 new markings to appear on the toy “or where size and nature does not allow it” or “where not possible” on packaging or accompanying documents. Manufacturers Identification Product Number (type, batch, serial or model) Manufacturers address Importers Identification Importers address Warnings Toys not intended for use by children under 36 months To be used under the direct supervision of an adult’ Protective equipment should be worn. Not to be used in traffic’ Contains fragrances that may cause allergies’.

  13. European Safety Standards to be Referred EN 71-1: 2005+A9:2009 Safety of toys - Part 1: Mechanical and physical properties EN 71-2:2006+A1:2007 Safety of toys - Part 2: Flammability EN 71-3:1994 Safety of toys - Part 3: Migration of certain elements. EN 71-4:2009 Safety of toys - Part 4: Experimental sets for chemistry and related activities EN 71-5:1993 Safety of toys - Part 5: Chemical toys (sets) other than experimental sets EN 62115:2005 Electric toys – Safety IEC 62115:2003 (Modified) + A1:2004 EN 71-7:2002 Safety of toys - Part 7: Finger paints - Requirements and test methods EN 71-8:2003+A4:2009 Safety of toys - Part 8: Swings, slides and similar activity toys for indoor and outdoor family domestic use

  14. Deadlines Directive e.i.f. 20th July 2011 (except chemical requirements) Chemical requirements apply 20th July 2013 Any stock placed on the EU market on or after 20th July 2011 must comply with the new Directive Placed on the market means ready for distribution and means Existing stock placed on the market before 20th July 2011 is still legal to be sold

  15. Conclusion & Recommendations Make a list of toys that need to comply with the regulation Make a list of toys that are exempted & reasons thereof Identify the chemical inputs going into making of toys Identify an Authorized Representative to help in compliance Start compiling the documents related to safety & conformity assessment Have the declaration of conformity in place Put the relevant Markings and Warnings on the toy or packaging in which the toy is exported

  16. Contact Details For further details, my contact Dr. Rashmi Naidu http://www.reach-or.com rashmi@or-reach.com Thank You! Questions are Welcome

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