Guidance document n° 7 on the application of Directive 2009/48/EC on the safety of toys

ID 20956 | 12.12.2023

Toys and other products used in or on the water

This Guidance document is a non-binding document intended to provide guidelines to help Member States and stakeholders making the distinction between toys to be used in and on the water and other products to be used in and on the water not classified as toys. It expresses the views of the majority of members in the Expert Group on Toy Safety.

The images appearing in the document constitute examples intended to facilitate the decision-making. They do not presuppose the conformity of the represented products.

This Guidance document does not relieve national authorities from their obligation to determine for any individual product, on a case-by-case basis, whether it falls within the scope of application of the Toy Safety Directive 2009/48/EC or within the scope of application of other sectoral legislation. The Court of Justice of the European Union has repeatedly held that the national authorities, acting under the supervision of the courts, must proceed on a case-by-case basis, taking account of all the characteristics of the product.

Therefore, this document shall not ‘prescribe’ which regulatory framework applies. Rather, it shall serve as one out of many elements supporting the national competent authorities in their case-by-case decision on individual products. In particular, this Guidance document does not prevent a national authority from consulting with colleagues from other regulated sectors concerned in order to reach a complete view on all aspects related to a given product.

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Fonte: EC

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