EU overhauls toy safety law

The commission released long-awaited controls on toy safety Friday, following last year’s recall of dangerous toys originating in China.

EU enterprise chief Günter Verheugen presented the plans, saying, “This directive is not a quick-fire reaction to the recall of toys. They just indicate to what extent it was necessary.”

The proposal comes after a ‘stocktaking review’ of consumer product safety last November, conducted by consumer safety commissioner Meglena Kuneva.

The plans released today will look at regulating new hazards such as chemicals, manufacturers' and importers' liability and market surveillance in member states.

Head of the parliament’s consumer protection committee, Arlene McCarthy, said parliament would be scrutinising the law to make sure it complies with high standards in the wake of the toy recalls.

“This new law must take account of new toy risks and the fact that 90 per cent of our toys are imported from China and other non-EU countries. Importers and brand owners must accept responsibility and liability for placing dangerous toys on the market.”

Verheugen stressed that ultimately, manufacturers will remain liable for ensuring product safety, but member states will be responsible for monitoring the specific implementation of the new rules.

“You will never have 100 per cent product safety. It’s not possible, not even in the case of toys,” he said.

But, he added, “The manufacturer remains liable.”

With regard to the implementation of the rules he said, “I can only invite member states to be strict here.”

Guidelines for the use of a controversial marking system on products have prompted the consumers' organisation, BEUC, to call for its removal.

They want the commission to feature so-called 'CE-marking' - a symbol that was originally used to inform officials that the product complies with existing EU rules - only on technical documents and not on the toys themselves.

“The current system of CE marking (displayed by producers without any third-party controls) on toys is not a guarantee of safety, even if the majority of parents think of it as such,” BEUC said in a press release.

Verheugen admitted that the marking could be “a little bit confusing”, but said it is “not possible to scrap it” because there is no alternative in place yet. He said it’s a mark to show the producer accepts full liability for a product.

“We need to reassess the whole situation with regard to CE marking. It has different meanings.”

BEUC is also concerned with marketing toys embedded in sweets or other food. In the United States, it is against the law to put toys in boxes of cereal or in chocolates.

Under EU regulations, only products which have to be eaten to get to the toy will be outlawed by the directive, Verheugen explained.

“Kinder surprise will not be banned!”

The German commissioner also called on parliament and the council to implement a “fast-track procedure” to speed through the implementation of the directive.

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