What is the Toy Safety Regulations 1995?

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In the same line of elimination of technical barriers to trade, the Council and the European Commission have adopted various provisions establishing a global approach to certification and testing, conformity assessment and the use of the CE marking.

In this regard, the Council has approved Directive 93/68/EEC, of July 22, amending certain provisions of the contents of twelve directives, including the above-mentioned directive on the safety of toys.

Among the changes made to the text of Directive 88/378/EEC of May 3, the most important are the replacement of the term “CE marking” by the term “CE marking” and its identification, a set of clarifications relating to conformity and concurrence with other directives providing for the affixing of such marking, the requirement of certain information to be provided on the bodies designated to certify conformity, and certain obligations and specific measures relating to the non-conformity of toys.

Labeling of toys

That in accordance with the provisions of article 78 of the Political Constitution, those who in the production and commercialization of goods and services infringe upon the health, safety and adequate supply to consumers and users shall be liable, in accordance with the law.

That as contemplated in numeral 2.2 of article 2 of the Agreement on TBT of the World Trade Organization (WTO), as well as in article 26 of the Andean Decision 376 of 1995, technical regulations are adopted to guarantee, among others, the following legitimate objectives: the imperatives of national security; the protection of human health or safety, of animal or plant life or health, or of the environment and the prevention of practices that may mislead consumers.

Decision 562 of the Commission of the Andean Community (CAN), contemplates the guidelines for the elaboration, adoption and application of technical regulations in the member countries of the Andean Community and at the community level, establishing in article 4 that the technical regulation “is a document adopted to address problems or threats of problems that could affect safety, health, environmental protection or national security”, and Decision 506 of 2001 issued by the CAN decided on the recognition and acceptance of certificates of products to be marketed in the Andean Community.

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Royal Decree 1801 2003

In the same line of elimination of technical barriers to trade, the Council and the European Commission have adopted various provisions establishing a global approach to certification and testing, conformity assessment and the use of the “CE” marking.

In this regard, the Council has approved Directive 93/68/EEC, of 22 July, amending certain provisions of the contents of twelve directives, including the above-mentioned directive on the safety of toys.

Among the changes made to the text of Directive 88/378/EEC of May 3, the most important are the replacement of the term “CE marking” by the term “CE marking” and its identification, a set of clarifications relating to conformity and concurrence with other directives providing for the affixing of the said marking, the requirement of certain information to be provided on the bodies designated to certify conformity and certain obligations and specific measures relating to the non-conformity of toys.

Royal Decree 1205 2011 of August 26, 2011, on the safety of toys.

The European Standard EN 71 details in its 11 sections the safety requirements for all types of toys (physical properties, combustion, chemicals, etc.).  All toys sold in the EU must comply with these standards.

Order PRA/1942/2016, of December 22, amending Appendix C of Annex II of Royal Decree 1205/2011, of August 26, on the safety of toys (BOE of December 23, 2016).

Royal Decree 1285/2010, of October 15, amending Royal Decree 880/1990, of June 29, approving the safety standards for toys, in relation to substances or mixtures used in their manufacture (BOE of October 16, 2010).

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Resolution of July 7, 2008, of the National Institute of Consumer Affairs, which guarantees that magnetic toys placed on the market or marketed include a warning regarding the risks they present to health and safety.

Royal Decree 204/1995, of February 10, 1995, modifying the Toy Safety Standards, approved by Royal Decree 880/1990, of June 29 (BOE 99/1995 of April 26, 1995, page 12305).