Scope

Directive 2009/48/EC applies to toys defined as “products designed or intended, whether or not exclusively, for use in play by children under 14 years of age”. In order to adjust to the current practices of toy manufacturers, the new element of TSD 2009/48/EC is in the wording “whether or not exclusively” of the definition, which indicates that a product does not have to be exclusively intended for playing purposes to be considered a toy. Therefore, products with double functions are also considered as toys. Notwithstanding, the following toys are not included in the scope of TSD 2009/48/EC

  • Playground equipment intended for public use;
  • Automatic playing machines, whether coin operated or not, intended for public use;
  • Toy vehicles equipped with combustion engines;
  • Toy steam engines;
  • Slings and catapults.

Annex I of the TSD also presents a non-exhaustive list of products that are not considered as toys but that could originate confusions, and in which case, other EU Directives such as GPSD (2001/95/EC), MSD (98/37/EC), R&TTE (1999/5/EC), EMC (2004/108/EC) and LVD (2006/95/EC) may be applicable. This is the case of:

  • Decorative objects for festivities and celebrations;
  • Products for collectors, when intended for collectors of 14 years of age and above;
  • Sports equipment intended for children with a body mass of more than 20 kg;
  • Bicycles with a maximum saddle height of more than 435 mm;
  • Scooters and other means of transport intended to be used for travel on public roads or public pathways;
  • Electrically driven vehicles intended to be used for travel on public roads, public pathways, or pavement;
  • Aquatic equipment intended to be used in deep water, and swimming learning devices for children;
  • Puzzles with more than 500 pieces;
  • Guns and pistols using compressed gas;
  • Fireworks;
  • Products and games using sharp-pointed missiles;
  • Functional educational products operated at a nominal voltage exceeding 24 volts which are sold exclusively for teaching purposes under adult supervision;
  • Products intended for use for educational purposes in schools and other pedagogical contexts under the surveillance of an adult instructor;
  • Electronic equipment, such as personal computers and game consoles;
  • Interactive software, intended for leisure and entertainment, such as computer games, and their storage media;
  • Babies’ soothers;
  • Child-appealing luminaries;
  • Electrical transformers for toys;
  • Fashion accessories for children not for use in play.
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