SAFETY OF TOYS

1
SAFETY OF TOYS

• Directive Overview

2
DIRECTIVE OVERVIEW

• Market
• In 2002 market gt 17 billion
• imports 9 million
• Safety important issue
• Achievement of internal market by harmonisation
• Development
• Consumer protection

3
DIRECTIVE OVERVIEW

• Trade
• Trading partners
• USA 22 of exports
• Far East 88 of imports
• Opportunity
• Export of high quality European goods
• Improving market access to third countries

4
DIRECTIVE OVERVIEW

• Directive
• 88/378/EEC
• Council Directive of 3 May 1998 on the
  approximation of the laws of the Member States
  concerning the safety of toys
• Amended by Council Directive 93/68/EEC of 22 July
  1993

5
DIRECTIVE OVERVIEW

• Basis
• 88/378/EEC (as amended)
• Sets high level of protection for consumers
• Relies on European standards
• Relies on Notified Bodies
• Undertake conformity assessment

6
DIRECTIVE OVERVIEW

• Scope
• Article 1
• Applies to toys
• A toy is defined as
• any product or material designed or clearly
  intended for use in play by children of less than
  14 years of age
• Products listed in Annex I are not toys under
  this directive

7
DIRECTIVE OVERVIEW

• List of products not considered as toys
• Annex I
• 1. Christmas decorations
• 2. Detailed scale models for adult collectors
• 3. Equipment intended to be used collectively in
  playgrounds
• 4. Sports equipment

8
DIRECTIVE OVERVIEW

• Annex I (contd.)
• 5. Aquatic equipment intended to be used in deep
  water
• 6. Folk dolls and decorative dolls and other
  similar articles for adult collectors
• 7. Professional' toys installed in public places
  (shopping centres, stations, etc.)
• 8. Puzzles with more than 500 pieces or without
  picture, intended for specialists

9
DIRECTIVE OVERVIEW

• Annex I (contd.)
• 9. Air guns and air pistols
• 10 Fireworks, including percussion caps
• With the exception of percussion caps
  specifically designed for use in toys without
  prejudice to more stringent provisions already
  existing in certain Member States.
• 11. Slings and catapults
• 12. Sets of darts with metallic points

10
DIRECTIVE OVERVIEW

• Annex I (contd.)
• 13. Electric ovens, irons or other functional
  products operated at a nominal voltage exceeding
  24 volts
• 14. Products containing heating elements intended
  for use under the supervision of an adult in a
  teaching context
• 15. Vehicles with combustion engines
• 16. Toy steam engines

11
DIRECTIVE OVERVIEW

• Annex I (contd.)
• 17. Bicycles designed for sport or for travel on
  the public highway
• 18. Video toys that can be connected to a video
  screen, operated at a nominal voltage exceeding
  24 volts
• 19. Babies dummies
• 20. Faithful reproductions of real fire arms
• 21. Fashion jewellery for children

12
DIRECTIVE OVERVIEW

• Pacing on the market
• Article 2
• Do not jeopardize safety/health of users or third
  parties
• Used as intended
• Normal behaviour of children
• Must meet safety and health requirements set down
  in the Directive
• Sale and giving away

13
DIRECTIVE OVERVIEW

• Presumption of conformity
• Article 5
• Toys bearing CE marking are presumed to comply
  with the Directive
• Presumption of conformity for toys satisfying
  national standards transposing harmonised
  European standards
• Those listed in the OJ of EU
• Also those having EC type-examination
• Harmonised standards not fully applied or
  non-existent

14
DIRECTIVE OVERVIEW

• Presumption of conformity (contd.)
• Where other directives requiring CE marking apply
  to the toy, it is presumed that the toy also
  satisfies these other directives

15
DIRECTIVE OVERVIEW

• Dossier
• Article 8
• Toys conforming to harmonised standards
• Manufacturer or his authorised representative
  shall have available for inspection
• Test reports or technical file ensuring
  conformity of production with harmonised
  standards
• EC type-certificate drawn up by an approved body
  (if appropriate)
• Copies of documents submitted to the approved
  body
• Description of means ensuring continued
  conformity
• Addresses of places of manufacture and storage
• Detailed information concerning design and
  manufacture

16
DIRECTIVE OVERVIEW

• Dossier
• Article 8 (contd.)
• Toys not conforming to harmonised standards
• Manufacturer or his authorised representative
  shall have available for inspection
• a detailed description of manufacture,
• a description of the means whereby the
  manufacturer ensures conformity with the approved
  model
• the addresses of the places of manufacture and
  storage,
• copies of the documents submitted to an approved
  body
• the test certificate for the sample or a
  certified copy thereof.

17
DIRECTIVE OVERVIEW

• Approved Bodies
• Article 9
• Member States appoint approved bodies
• Conditions to be fulfilled by approved bodies are
  given in Annex III
• Member States inform the Commission and other MS
  of appointed approved bodies
• The Commission assign the bodies an
  identification number
• Bodies are listed in the OJ of the EU

18
DIRECTIVE OVERVIEW

• Marking
• Article 11
• Affixed to either the toy or its packaging shall
  be
• CE marking
• Name/trade name/mark and address of
• Manufacturer
• Or his authorised representative
• Or importer into the Community
• Marking shall be
• Visible
• Easily legible
• indelible

19
DIRECTIVE OVERVIEW

• Marking
• Article 11 (contd.)
• For small toys or toys containing small parts,
  these particulars may be affixed
• To the packaging
• On a leaflet
• On a label
• In such instances the consumer should be advised
  to keep these details

20
DIRECTIVE OVERVIEW

• Warnings for certain toys
• Article 11 requires that certain toys carry
  warnings and indications of precautions to be
  taken during the use of certain toys.
• Member States may require such warnings to be
  given in their national language(s)
• The warnings are given in Annex IV to the
  Directive

21
DIRECTIVE OVERVIEW

• Warnings for certain toys
• Annex IV
• Toys not intended for children under 36 months
• Not suitable for children under 36 months'
• Not suitable for children under three years
• Plus brief description of specific risks
• Does not apply to toys clearly not suitable for
  such young children

22
DIRECTIVE OVERVIEW

• Warnings for certain toys
• Annex IV (contd.)
• Slides, suspended swings and rings, trapezes,
  ropes and similar toys attached to a crossbeam
• Instructions regarding checks and maintenance of
  main parts (suspensions, fixings, anchorages,
  etc.)
• Possible results in failing to do this
• Correct assembly

23
DIRECTIVE OVERVIEW

• Warnings for certain toys
• Annex IV (contd.)
• Functional toys
• Warning to be used under the direct supervision
  of an adult'.
• Directions for working instructions plus
  precautions
• Specify hazards arising for failure to follow
  instructions
• Indication that toy must be kept out of reach of
  very young children
• Functional toys' means toys which are used in
  the same way as, and are often scale models of,
  appliances or installations intended for adults.

24
DIRECTIVE OVERVIEW

• Warnings for certain toys
• Annex IV (contd.)
• Toys containing inherently dangerous substances
  or preparations. Chemical toys
• Warnings of dangerous nature of substances
• Precautions to be taken
• First aid to be given
• Must be kept out of reach of very young children
• Warning for children over (1) years of age
  only. For use under adult supervision'.
• (1) age to be decided by the manufacturer

25
DIRECTIVE OVERVIEW

• Warnings for certain toys
• Annex IV (contd.)
• Skates and skateboards for children
• Warning protective equipment should be worn'.
• Instructions to include reminder that use with
  caution, great skill required, so as to avoid
  falls and collisions
• Some indication of recommended personal
  protective equipment (helmets, gloves, knee-pads,
  elbow-pads, etc.)

26
DIRECTIVE OVERVIEW

• Warnings for certain toys
• Annex IV (contd.)
• Toys intended for use in water
• This refers to toys intended for use in shallow
  water and capable of supporting/carrying a child
• Warning! Only to be used in water in which the
  child is within its depth and under supervision'.

27
DIRECTIVE OVERVIEW

• Essential requirements (Annex II)
• General Principles
• Users and third parties should be protected
  against health hazards and risks of physical
  injury when toys are used as intended.
• Such risks are
• Connected to design, construction or composition
  of the toy
• Inherent in its use

28
DIRECTIVE OVERVIEW

• Essential requirements (Annex II)
• General Principles (contd.)
• Degree of risk commensurate with ability of
  users
• Particularly for toys intended for children under
  36 months
• Minimum age of users/need for supervision
• Labels and instructions for use must draw
  attention of users/supervisors of risks involved

29
DIRECTIVE OVERVIEW

• Essential requirements (Annex II)
• Particular risks
• 1. Physical and mechanical properties
• Covering items such as sharp edges, risks due
  moving parts, toys and packaging must not present
  risk of strangulation.
• 2. Flammability
• Not readily flammable, if ignited they burn
  slowly, not explosive
• 3. Chemical properties
• due to ingestion, inhalation or contact with
  skin, mucous tissues or eyes.
• Bioavailablity levels due to contact fixed at
  daily levels for antimony, arsenic, barium,
  cadmium, chromium, lead, mercury and selenium.

30
DIRECTIVE OVERVIEW

• Essential requirements (Annex II)
• Particular risks (contd.)
• 4. Electrical properties
• 24 V
• No hot surfaces
• 5. Hygiene
• Hygienic and clean
• 6. Radioactivity
• not caontain amounts likely to be detrimental to
  health
• Council Directive 80/836/Euratom shall apply

31
(No Transcript)
32
SAFETY OF TOYS

• Conformity Assessment

33
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 1 self-certification that a toy has been
  manufactured in conformity with relevant
  harmonised standards

34
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 1 (contd.)
• Manufactured to relevant harmonised standards
• Deemed to meet essential safety requirements
  (ESR)
• If the standards cover all the elements of the
  ESR applicable to the toy
• CE marking is fixed as a declaration by the
  manufacturer or his authorised representative.

35
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 1 (contd.)
• This declaration (CE marking) is to the effect
  that the toy bearing it satisfies the essential
  safety requirements and has been manufactured in
  accordance with the relevant standards.

36
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 1 (contd.)
• Tests must carried out to support this
  self-declaration
• Information supporting CE marking must be
  maintained (see Article 8 of the Directive)
• It may be necessary to use the services of an
  independent test laboratory.

37
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 2 manufactured in accordance with a model
  that has been EC type-examined

38
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 2 (contd.)
• Open to manufacturers or their authorised
  representatives in the EU to apply for EC
  type-examination
• Legally required only where relevant harmonised
  standards are inadequate to establish compliance
  with the ESR
• Where standards do not exist for a particular
  area of the ESR
• Existing standards are not comprehensive in this
  regard

39
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 2 (contd.)
• EC type-examination
• Article 10
• EC type-examination is the procedure by which an
  approved body ascertains and certifies that a
  model of a toy satisfies the essential
  requirements referred to in Article 3.

40
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 2 (contd.)
• Application to include
• Description
• Name and address of applicant and place of
  manufacture
• Comprehensive manufacturing and design data
• Model of toy

41
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 2 (contd.)
• EC type-examination includes
• Checking documentation is in order
• Check toy is safe
• Carry out appropriate tests and examinations to
  ensure essential requirements are met
• Must use harmonised standards as far as possible
• Where such standards do not cover the ESR
  applicable to the toy, any harmonised European
  standard relevant for the purpose
• No relevant standards - approved body uses its
  professional judgement
• Further models may be requested

42
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 2 (contd.)
• An EC type-examination certificate is drawn up if
  toy complies
• The Commission, other approved bodies and Member
  States may request a copy of the certificate
• May also request a copy of the design and
  manufacturing schedule and reports on the
  examinations and tests carried out
• If an approved body refuses to issue an EC
  type-examination certificate, it must
• Inform its Member State and the Commission
• giving its reasons for refusal

43
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 2 (contd.)
• Having an EC type-certificate for a model
• Manufacturer must ensure production toys comply
  with that model
• CE marking can be applied to each production toy
• as a self-declaration that it has been
  manufactured in accordance with a model that is
  the subject of an EC type-examination certificate

44
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 2 (contd.)
• What is an Approved Body?
• Article 9 of the Directive
• Member States appoint approved bodies
• Conditions to be fulfilled by approved bodies are
  given in Annex III
• Member States inform the Commission and other MS
  of appointed approved bodies
• The Commission assign the bodies an
  identification number
• Bodies are listed in the OJ of the EU

45
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 2 (contd.)
• Minimum conditions to be fulfilled by approved
  bodies (Annex III)
• Personnel and equipment
• Competence integrity
• Independence
• Professional secrecy
• Insurance
• Verification of qualifications

46
CONFORMITY ASSESSMENT

• Satisfying essential safety requirements
• Method 2 (contd.)
• EC type-examination certificates for toys may
  only be issued by a body established in the
  Community and notified by a Member State under
  the terms of the Safety of Toys directive

47
(No Transcript)
48
SAFETY OF TOYS

• Harmonised standards

49
Harmonised standards

• What is a harmonised standard?
• Directives define the essential requirements
• The European standards bodies have the task of
  drawing up the corresponding technical
  specifications meeting the essential requirements
  of the directives
• compliance with which will provide a presumption
  of conformity with the essential requirements
• Such specifications are referred to as
  "harmonised standards"

50
Harmonised standards

• Harmonised standards
• are European standards
• Adopted by CEN, CENELEC ETSI
• Following a mandate issued by the European
  Commission
• Developed through an open process
• Consensus

51
Harmonised standards

• Harmonised standards and directives
• Presumption of conformity to an essential
  requirement within a new approach directive
• From compliance to a harmonised standard
• Reference number of which has been published in
  the OJ of the EU
• That has been transposed as a national standard
  of at least one Member State

52
Harmonised standards

• Harmonised standards and directives
• Compliance to a harmonised standard still remains
  voluntary
• Manufacturers have the option of using other
  means (standards) to provide compliance to the
  essential requirements
• However, harmonised standards are the best way to
  demonstrate compliance

53
Harmonised standards

• Harmonised standards and directives
• Presumption of conformity can cease
• Where the Commission or a Member State consider
  the standard does not satisfy the essential
  requirement
• Publication in the OJ of the EU is then withdrawn
  by the Commission
• Hence standard will no longer give a presumption
  of conformity

54
Harmonised standards

• Harmonised standards relating to safety of toys
• Majority are prefixed EN 71 followed by a part
  number

55
Harmonised standards

• Safety of Toys harmonised standards
• EN 71 Part 1
• Mechanical and physical properties
• EN 71 Part 2
• Flammability
• Specifies categories of flammable materials that
  are prohibited from use in toys. Assesses
  flammability of materials.
• EN 71 Part 3
• Migration of certain elements
• Relates to the bioavailability levels of certain
  elements (item 3 of the essential requirements
  Chemical properties)

56
Harmonised standards

• Safety of Toys harmonised standards
• EN 71 Part 4
• Experimental sets for chemistry and related
  activities
• EN 71 Part 5
• Chemical toys (sets) other than experimental sets
• Defines maximum quantities of substances/preparati
  ons classified as dangerous according to EU
  directives
• EN 71 Part 6
• Graphical symbols for age-warning labels
• Symbol that is to be used on toys not suitable
  for under 3s

57
Harmonised standards

• Safety of Toys harmonised standards
• EN 71 Part 7
• Finger paints requirements and test methods
• EN 71 Part 8
• Swings, slides and similar activity toys for
  indoor and outdoor family domestic use

58
Harmonised standards

• Electric toys
• EN 62115
• Electric toys Safety
• Deals with the safety of toys that have at least
  one function dependent on electricity. Examples
  of toys within the scope of this standard are
  constructional sets experimental sets
  functional toys (having a function similar to an
  appliance or installation used by adults) and
  video toys (toys having a screen and means of
  activation, such as a joystick or keyboard.
  Separate screens having a rated voltage of more
  than 24 V are not considered to be part of the
  toy). Toys using electricity for secondary
  functions are also within the scope of this
  standard (a dolls house having an interior lamp
  is an example of such a toy).

59
(No Transcript)
60
SAFETY OF TOYS

• Market Surveillance

61
MARKET SURVEILLANCE

• Control and free movement
• Article 3 of the Directive requires
• Member States to have controls in place to
  prevent non-complying toys being placed on the
  market

62
MARKET SURVEILLANCE

• Control and free movement
• Article 4 of the Directive requires
• Member States may not impede the sale of toys
  that comply with the requirements

63
MARKET SURVEILLANCE

• Principles
• Enforcement of Community legislation is an
  obligation on Member States
• Article 10 of the EC Treaty requires Member
  States to take all appropriate measures to ensure
  fulfilment of their obligation arising out of the
  Treaty.

64
MARKET SURVEILLANCE

• Principles (contd.)
• Market surveillance is an essential tool for
  enforcing New Approach directives, in particular
• Taking measures to check products comply
• Taking action to bring non-compliant products
  into compliance
• Applying sanction when necessary

65
MARKET SURVEILLANCE

• Purpose
• To ensure that the provisions of applicable
  directives are complied with across the Community
• Citizens entitled to equivalent level of
  protection irrespective of the origin of the
  product
• Market surveillance is important for economic
  operators by helping to eliminate unfair
  competition

66
MARKET SURVEILLANCE

• Authorities
• Member States must establish or nominate
  authorities to be responsible for market
  surveillance
• These authorities need
• have the necessary resources and powers
• ensure technical competence and professional
  integrity of their personnel,
• To be independent and non-discriminatory

67
MARKET SURVEILLANCE

• Authorities (contd.)
• Notified (Approved) bodies should be excluded
  from this activity
• Avoids conflict of interest

68
MARKET SURVEILLANCE

• Activities
• Market surveillance involves two main stages
• National authorities monitor products placed on
  their market
• Products comply with the national legislation
  transposing the new approach directives
• When necessary take action to establish conformity

69
MARKET SURVEILLANCE

• Activities
• Market surveillance involves two main stages
• Although surveillance operations can not take
  place during the design and production stages
• Efficient enforcement requires cooperation
  between manufacturers and suppliers to prevent
  non-compliant products being placed on the market

70
MARKET SURVEILLANCE

• Activities
• Surveillance authorities shall
• regularly visit commercial, industrial and
  storage premises
• regularly visit, if appropriate, work places and
  other premises where products are put into
  service
• Not necessary for consumer products such as toys
• organise random and spot checks
• take samples of products, and to subject them to
  examination and testing and
• require all necessary information

71
MARKET SURVEILLANCE

• Corrective actions
• Party notified
• Before any action taken
• possibility of being consulted (unless matter is
  urgent)
• Corrective action
• Depends on level of non-compliance
• Established on a case by case basis
• Principle of proportionality

72
MARKET SURVEILLANCE

• Corrective actions (contd.)
• Manufacturer, or the authorised representative
• Obliged to make product comply
• Remedy the infringement
• Where these measures fail
• Restriction or prohibition of placing product on
  the market
• Withdrawal from market

73
MARKET SURVEILLANCE

• Complementary activities
• Authorities should
• Act in collaboration with manufacturers and
  suppliers
• Take action against those responsible
• Be able to warn persons to destroy dangerous
  products
• Ban the export, prohibit the use of such products
• Require certificates to be withdrawn

74
MARKET SURVEILLANCE

• Safeguard Clause
• designed to allow the Commission to analyse the
  justification of national measures restricting
  the free movement of CE marked products
• All national surveillance authorities informed
• Restrictions extended to all Member States
• Equivalent level of protection throughout the
  Community

75
MARKET SURVEILLANCE

• Safeguard clause procedure
• Concerning dangerous or non-compliant products,
  Member States are obliged to
• Restrict or forbid placing on the market
• Withdraw from the market
• Applies to products
• Covered by New Approach directives
• Carry CE marking
• Present a substantial hazard

76
MARKET SURVEILLANCE

• Safeguard clause procedure (contd.)
• Applies to national measures that
• Restrict or forbid products being placed on the
  market
• Have a product withdrawn from the market
• Relate to all products of the same batch or
  series
• Have binding legal effects

77
MARKET SURVEILLANCE

• Safeguard clause procedure (contd.)
• Member State must notify Commission immediately
• Supporting evidence justifying the action
• If Commission agrees on action
• It informs the other Member States
• In turn required to take necessary measures on
  their territory

78
MARKET SURVEILLANCE

• RAPEX
• This is a rapid information exchange system
• Arising from the Directive on general product
  safety
• For emergency situations
• Dangers arising from the use of consumer goods

79
MARKET SURVEILLANCE

• Administrative co-operation
• Member States are obligated
• National Surveillance Authorities and the
  Commission
• Provide mutual assistance
• Proper and uniform application of New Approach
  directives
• List of national surveillance authorities
  designated as contact points

80
MARKET SURVEILLANCE

• Products imported from third countries
• A third country manufacturer
• Has same responsibilities as one based in the EU
• May appoint authorised representative based in
  the EU
• If no authorised representative, the importer or
  person responsible for placing product on market
  has some responsibility

81
MARKET SURVEILLANCE

• Products imported from third countries (contd.)
• Customs shall monitor these products entering the
  Community
• They may suspend the release of goods
• they consider to offer a serious risk
• That have incorrect documentation
• That have incorrect marking
• They must pay particular attention to the CE
  marking of toys
• Liaise with the surveillance authorities

82
MARKET SURVEILLANCE

• Safety of Toys Directive
• Article 12
• Member States are obliged to carry out sample
  checks
• Obtain access to place of manufacture and of
  storage
• Obtain technical data relating to EC
  type-examination (Article 8)
• Select sample for test and examination

83
MARKET SURVEILLANCE

• Safety of Toys Directive
• Article 12
• Every three years, Member States shall send the
  Commission a report on the application of this
  Directive.

84
(No Transcript)
85
SAFETY OF TOYS

• UK Implementation

86
UK IMPLEMENTATION

• UK Law
• The Toys (Safety ) Regulations 1995
• Statutory Instrument 1995 No. 204
• Entered into force on 24 February 1995
• Made under the Consumer Protection Act 1987

87
UK IMPLEMENTATION

• Language
• The warning notices as specified in Annex IV to
  the Safety of Toys Directive shall be in English
• Clause 10 (8) of SI 2004 No. 204

88
UK IMPLEMENTATION

• Deciding whether a product is a toy
• Definitions and exemptions are those as given on
  the Directive
• Exempted items must be reasonably safe under the
  General Product Safety regulations or any
  specific EU Directive that may apply

89
UK IMPLEMENTATION

• Deciding whether a product is a toy (contd.)
• Only the courts can decide whether an item comes
  within the definition of a toy

90
UK IMPLEMENTATION

• Enforcement of consumer safety legislation -
  including the toys safety Regulations
• Overall policy responsibility
• Department of Trade and Industrys Consumer
  Safety Unit

91
UK IMPLEMENTATION

• Enforcement of the Regulations
• Trading standards departments of local
  authorities in England, Scotland and Wales
• Environmental Health Departments of District
  Councils in Northern Ireland
• are responsible for day-to-day enforcement of toy
  safety Regulations

92
UK IMPLEMENTATION

• Enforcement of the Regulations (contd.)
• These authorities
• Have a statutory duty to enforce these, and other
  safety regulations,
• using the provisions of the Consumer Protection
  Act 1987

93
UK IMPLEMENTATION

• Enforcement of the Regulations (contd.)
• These authorities
• make test purchases
• issue suspension notices prohibiting the supply
  of consumer products
• which are considered to be unsafe
• seek information
• enter premises at any reasonable time
• apply to a magistrates court (sheriffs court in
  Scotland) for an order for such products to be
  forfeited and destroyed and
• bring criminal prosecutions in a magistrates
  court.

94
UK IMPLEMENTATION

• Enforcement of the Regulations (contd.)
• Enforcement action can be taken at any point in
  the supply chain.
• The Secretary of State may also exercise powers
  under the 1987Act.
• In addition, Customs Officers are empowered to
  detain goods at the port of entry for up to three
  working days to allow enforcement authorities to
  make initial enquiries about the safety of the
  goods detained.

95
UK IMPLEMENTATION

• Appeals procedures
• The 1987 Act also provides means for suppliers to
  appeal to a magistrates court (sheriffs court
  in Scotland) against a suspension notice and
  apply for compensation for costs in certain
  circumstances.
• Suppliers are, of course, able to appeal against
  enforcement action to higher courts in
  appropriate circumstances.

96
UK IMPLEMENTATION

• Due diligence
• Suppliers of consumer goods, including toys, may
  have access to the defence of due diligence
• allows a supplier to argue that he took all
  reasonable steps
• exercised all due diligence to avoid committing
  the alleged offence.

97
UK IMPLEMENTATION

• Enforcement of the Regulations (contd.)
• This applies
• whether the toys originate in another member
  State
• or were imported direct into the UK from a third
  country.

98
UK IMPLEMENTATION

• Enforcement of the Regulations (contd.)
• Power to order tests where technical information
  does not exist
• Enforcement authorities have the power to require
  toys to be tested at the suppliers own expense
• To establish that essential requirements have
  been satisfied

99
UK IMPLEMENTATION

• Enforcement of the Regulations (contd.)
• Duties of the enforcement authorities
• Give a notice to the responsible person of their
  intent regarding suspension from sale
• Give notice to the Secretary of State of any
  suspension notice served

100
UK IMPLEMENTATION

• Enforcement of the Regulations (contd.)
• The Regulations require that any prosecution for
  an offence must be brought within 12 months from
  the commission of that offence
• It is an offence to contravene the terms of a
  suspension notice issued by a local authority
  trading standards department, or a prohibition
  notice issued by the Secretary of State.

101
UK IMPLEMENTATION

• Consumer Protection Act
• allows for the making of regulations dealing with
  the safety of consumer products,
• sets out penalties for their infringement
• and provides powers for the enforcement of such
  regulations.

102
(No Transcript)