Stricter Product Obligations and Penalties for Manufacturers and Importers: Transition Period for Toys Directive is Running

MUNICH - The new EC Toys Directive is, like good education in the view of conservative pedagogues, clear and strict. The Directive has been promulgated last week (30 June) in the Official Journal of the EU and will therefore have to be transposed into national law (2009/48/EG, OJ L 170 30 June 2009, p. 1). Manufacturers and importers must, within a transition period of two to four years, adjust to the new rules, product safety expert Dr. Arun Kapoor of the law firm Nörr Stiefenhofer Lutz explains.

The previous Toys Directive (88/378/EEC) did not provide any regulation of new chemicals and new knowledge on health damaging effects of certain substances. The new Directive now widely forbids such chemicals. The same applies to frequently used allergenic fragrances. Toys and packaging which could present a risk of strangulation or asphyxiation are, in principle, prohibited. “Manufacturers must ensure that foil does not become detached and that new limits for dangerous substances are observed - and importers must monitor this,” advises the lawyer.

If a toy may be dangerous for children under three, warnings must in future be more extensive and visible. If the toy is offered together with food, Kapoor says a warning such as “Toy inside. Adult supervision recommended” should be attached to it.

The demands on technical documentation are also intensified. Manufacturers must in future assess the risks arising from their products. That was not, so far, obligatory. This risk analysis must be available on demand to the authorities as part of the technical documentation. This is also new.

A technical file must show the materials used for a toy. As has been common in other industries for a long time, toy manufacturers must issue an EC conformity declaration. On signing this declaration, the manufacturer accepts liability for the conformity of the product with the legal requirements. “Failure to issue a conformity declaration may lead to a prohibition on sales and a fine,” warns Kapoor.

Finally, the Directive obliges Member States to bring in effective and deterrent penalties for breaches of the Directive by July 2011. It is assumed that the German legislator will further tighten the offences under the Appliance and Product Safety Act. “Manufacturers and importers should continue to monitor the transposition of the Directive in order to minimise risks and ensure adequate compliance,” said the product safety expert.

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For further information: Dr. Michael Neumann NOERR STIEFENHOFER LUTZ Rechtsanwaelte Steuerberater Wirtschaftspruefer - Partnerschaft Brienner Str. 28 80333 Muenchen / Germany Tel. +49(0)89-28-628-226 Fax +49(0)89-28-01-10 Mobile: +49(0)171-125-14-28 E-Mail: michael.neumann@noerr.com

Source: Noerr Stiefenhofer Lutz

For further information: Dr. Michael Neumann, NOERR STIEFENHOFER LUTZ, Rechtsanwaelte Steuerberater Wirtschaftspruefer - Partnerschaft, Brienner Str. 28, 80333 Muenchen / Germany, Tel. +49(0)89-28-628-226, Fax +49(0)89-28-01-10, Mobile: +49(0)171-125-14-28, E-Mail: michael.neumann at noerr.com