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EU Toys Directive

As of 20 July 2011, stricter safety regulations apply to newly manufactured toys in Germany. With the new EU Toys Directive, important progress has been made in protecting children’s health and safety.

The first part of the new EU Toys Directive mainly includes provisions on technical construction, meaning the mechanical, electrical and fire safety properties of toys. From 20 July 2013, the new EU Toys Directive will be supplemented by a second part relating to chemicals.

Compared with its predecessor, the new directive contains far stricter requirements on toy production and prescribes tighter monitoring and control obligations for producers and importers. A general ban applies to the use of carcinogenic and mutagenic substances in toys. The use of 55 allergenic fragrances is prohibited to protect consumers’ health.

In future, toys may no longer be brought into contact with food so as to reduce the risk of children inadvertently swallowing a toy. Specific warnings are prescribed for individual toy categories. These must begin with the German word ‘Achtung’ (Warning), and be easily legible. The new Toys Directive (Directive 2009/48/EC) is transposed into German law by means of the Ordinance on the Safety of Toys (Second Ordinance to the Equipment and Safety Act) (Verordnung über die Sicherheit von Spielzeug/Zweite Verordnung zum Geräte- und Produktsicherheitsgesetz – 2. GPSGV).

Ongoing need for improved chemicals regulation

The German Federal Ministry of Consumer Protection (BMELV) welcomes the progress to be made with the application of the new Toys Directive. There is, however, room for improvement, especially regarding the section of the Directive containing provisions on chemical substances.

For this reason, the German government is directing its efforts towards improving the regulation of chemicals under the new Toys Directive. Germany’s activities in this regard are described in detail in the Government’s answers to parliamentary questions 17/99, 17/392 and 17/3809.

With regard to the level of protection afforded with toys containing carcinogenic, mutagenic and reprotoxic (CMR) substances, knowledge gained with materials that come into contact with food must be used to achieve improved toy safety.

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