The Directive: TSD 2009/48/EC

The European Parliament and Council Directive 2009/48/EC on the safety of toys (“TSD” – Toy Safety Directive) was published on 30 June 2009 and entered into force on 20 July 2009 aimed to entirely repeal the TSD 88/378/EEC (Toy Safety Directive), Council Directive 88/378/EEC of March 3, 1988 which was published on January 1, 1990.

The general provisions are applicable to toys placed on the market as of 20 July 2011, while chemical provisions will be applicable to toys placed on the market as of 20 July 2013. During this transitional period, part III of annex II – chemical requirements – of Directive 88/378/EEC still continue to apply. See additional information under Compliance with the TSD 2009/48/EC;

The two main objectives of Directive 2009/48/EC are first to ensure that the safety of toy users (children under 14 years of age) is harmonized at a European level in the sense that the essential requirements are to be met at the manufacturing stage and secondly to guarantee the good functioning of the internal European market for toys. The standards laid down by the European standardization bodies provide evidence of conformity with the essential requirements of the Directive. Toys that meet these requirements bear the CE marking.

As an example, the repealing Directive 2009/48/EC limits the amounts of certain chemicals that may be contained in materials used for toys. In this context CMR (Carcinogenic, Mutagenic or toxic for Reproduction) substances, are no longer allowed in accessible parts of toys. For certain substances like nickel, tolerable limit values have been introduced and certain heavy metals which are particularly toxic, like lead, may no longer be intentionally used in those parts of toys that are accessible to children.

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