The European Parliament’s Committee on Internal Market and Consumer Protection has unanimously adopted a report on the revision of the toy safety directive it said was needed to insure children would have more protection. The toy directive’s Rapporteur, MEP Marianne Thyssen of Belgium, said the new rules, if ultimately adopted, will make the safety requirements for toys stricter. The current regulation is 20 years old and no longer adequate to guarantee the safety of the new toys that have come on the market in the past years, she said.

“In The European Parliament we’ve been asking since a long time that the rules be updated,” she said. “An upgrade of the directive is needed so that children, as most vulnerable consumers, are better protected and parents have the guarantee that each toy they buy in the European Union, complies with the strictest safety standards. The European Commission’s proposal was thoroughly prepared, but in the European Parliament we’ve made some of the requirements even stricter.” An important innovation of the directive is the introduction of specific rules for the use in toys of CMR chemical substances (carcinogenic, mutagenic, or toxic for reproduction.) Thyssen said, “There are already existing rules for the use of chemicals, which also apply to toys. The toy directive, however, establishes specific rules regarding the use of the most dangerous chemicals in toys. The use of CMR in toys is generally forbidden. Exceptions can be granted for each individual toy if the European Scientific Committee gives a positive advice. These specific rules already anticipate REACH,” the EU’s regulations on use of chemicals. The report lays down rules on the safety and the free movement of toys within the EU. In this context toys are defined as products designed for use in play by children under 14. The report  to be decided in co-decision procedure between the European Council and Parliament regulates the EU toys sector through safety criteria and essential requirements that toys must meet before being placed on the EU market. The adopted report includes most of the liberal and democrat input on the issue, emphasising consumer’s health concerns  in particular the prohibition of the use of potentially dangerous allergenic fragrances  and providing marketeers with a more transparent frame for their trade activities. Nonetheless, new measures shall improve the EU market surveillance. After heavy criticism, namely on China, the documentation which toy manufacturers and importers have to keep available for inspection will have to contain a detailed description of the design and manufacture of the toy, specify information on components and materials, as well as an analysis of the hazards that the toy may present.

TOUGH ON TOYS
The highlights include:

 Stricter wording of the general, essential safety requirement, taking into account “real” behaviour by children. This includes a more detailed description of the mechanical and physical properties toys need to comply with

 Specific rules concerning the use of hazardous chemical substances in toys (specifically, CMR - chemicals that are carcinogenic, mutagenic, or toxic for reproduction)

 Limiting the use of allergenic fragrances l Stricter rules concerning safety warnings and manuals, including for website sellers

 Rules with regard to toys in food, which must be packaged separately to avoid having the toy ending up in a child’s mouth with candy or other foodstuffs. To exclude choking hazards the toy package need to be sufficiently big and carry a clear warning (Toy inside. Adult supervision recommended.)

 Better market supervision: toy manufacturers need to make a complete technical dossier for each toy and carry out a safety assessment prior to marketing a toy.

 Taking into account new toys that have come on the market.

MEP Karin Riis-Jorgensen of Denmark, rapporteur for the Alliance of Liberals and Democrats for Europe (ALDE) the report, said, “We have reached a broad compromise, which I think strikes the right balance for all parties. The proposal is firm - but fair. In the process e.g. children’s bikes and swings in the garden has been a target, but these things will still be possible to produce with the new proposal. It is important to mention, that in the future consumers - children and parents - can feel much more secure and safe using and buying toys in Europe.” MEP Janelly Fourtou of France, who managed the successful adoption of the so called “goods package” earlier this year, added: “It was important that the Parliament is determined to assure the confidence of the consumer for a product as sensible as a toy, and at the same time coherent with its precedent decisions – the line adopted in the REACH directive about chemical products and in the one about consumer goods in general, in particular regarding the CE marking.”

As for heavy metals, the list of forbidden substances is extended to include lead and cadmium, and the use of allergenic fragrances is more tightly regulated so that affected toys must be labeled. “Allergies andn hypersensitivity are ever more frequent in young children. We cannot compromise when it comes to the health of children and need to exclude risks as much as we can,” Thyssen said. She also emphasised the importance of better market surveillance in EU countries and said that manufacturers need to prepare a complete technical dossier for each toy that is brought upon the market. “In the European Parliament we have always stressed the need for efficient market surveillance. Strict rules are useless if not accompanied by inspection and controls,” she added. Thyssen underlined the importance of the language used for warnings and manuals: “Warnings on toys need to be clearly readable and in a language that is understandable to consumers.” The report is due to be voted in first reading by the Plenary of the EP at the earliest in December 2008.