Government Decree No. 19 / 2003 Coll.
Government Regulation laying down technical requirements for toys
Valid
Effective from 01.05.2004
Zobrazeno prvních 200 z celkem 236 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
19
GOVERNMENT REGULATION
of 9 December 2002
laying down technical requirements for toys
The Government orders pursuant to Article 22 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll. and Act No. 205 / 2002 Coll., ("the Act ') to implement Sections 11 (2), 11a (2) (c), 12 (1) and (3) and 13 (2) of the Act:
Basic provisions
(1) This Regulation lays down technical requirements for toys in accordance with the law of the European Communities (1).
(2) For the purposes of this Regulation, any product designed or clearly intended to play for children under the age of 14 shall be considered a toy. The products listed in Annex 1 to this Regulation shall not be considered toys.
(3) The specified products under this Regulation are toys within the meaning of Article 12 (1) (a) of the Act.
Conditions for placing toys on the market
(1) Toys may be placed on the market only if they do not endanger the safety or health of users or third parties when used in a specified manner or in a foreseeable manner, taking into account the normal behaviour of children. Toys which do not comply with the technical requirements set out in Annex 2 to this Regulation (hereinafter referred to as "essential requirements') shall not be placed on the market.
(2) Toys must comply with the safety and health conditions laid down in this Regulation in the state in which they are placed on the market, taking into account the period of foreseeable and normal use.
(3) The essential requirements shall be deemed to be met if toys comply with harmonised Czech technical standards or, where applicable, foreign technical standards transposing harmonised European standards in the Member States of the European Union (§ 4a of the Act).
Conformity assessment procedures
(1) In the case of a toy in whose manufacture the manufacturer has applied the technical standards referred to in Article 2 (3), the manufacturer or the authorised representative shall confirm the conformity of the toy with those technical standards by affixing the CE marking provided for in Article 5 before placing the toy on the market.
(2) In the case of a toy in whose manufacture the manufacturer has not used or has applied only partially the technical standards referred to in Article 2 (3) or for which such standards do not exist, the manufacturer or his authorised representative shall ensure, prior to placing on the market, the conformity assessment of the toy in accordance with the EC-type examination procedure referred to in Article 4 and shall affix the CE marking provided for in Article 5 to each toy.
EC type-examination
(1) EC type-examination is a procedure whereby a notified person2) ascertains and confirms that a toy sample meets the essential requirements.
(2) The application for EC type-examination is submitted to the notified person of the manufacturer or his authorised representative and accompanied by a toy sample. The application shall contain:
(a) a description of the toy;
(b) identification details of the manufacturer or authorised representative (for a natural person, name and surname and permanent residence or place of business, for a legal person, name or business name and registered office) and place of manufacture of the toy; and
(c) data on the manufacture and construction of the toy to be manufactured.
(3) The notified person shall carry out EC type-examination by:
(a) examine and assess the documents supplied by the applicant;
(b) check that the toy does not endanger safety or health in accordance with § 2; and
(c) carry out appropriate assessments and tests on the toy sample, using the technical standards referred to in Article 2 (3) to the extent possible to determine whether the toy type complies with the essential requirements; for this purpose, it may request additional samples of the toy.
(4) If the toy sample complies with the essential requirements, the notified person shall issue to the applicant an EC-type examination certificate which shall contain the conclusions of the examination, all relevant circumstances and shall be accompanied by descriptions and drawings of the certified toy.
(5) A person who refuses to issue an EC type-examination certificate must inform the Technical Standardisation, Metrology and State Testing Office (hereinafter referred to as "the Office") and the Commission of the European Communities (hereinafter referred to as "the Commission."
(6) The Commission, the relevant notified persons and authorities of the Member States of the European Union may, on request, obtain a copy of the EC-type examination certificate and, on reasoned request, a copy of the technical documentation and reports on assessments and tests carried out.
CE marking and other marking
(1) The CE marking, the graphic form of which is provided for by a special legislation, (3), as well as the identification details of the manufacturer or authorised representative or importer in the European Community, must appear in a visible, easily legible and indelible manner either on a toy or on its packaging. In the case of small toys and toys consisting of small parts, this information may be given in the same way on the packaging, on the label or on the prospectus. The data may be shown in abbreviations provided that such abbreviations allow the manufacturer, his authorised representative or importer to be identified in the European Community. If this information is not provided directly by a toy, the consumer must be advised that it is appropriate to store it. The toy shall not bear a marking which could mislead anyone with regard to the CE marking.
(2) Toys, their packaging or label may bear any additional marking provided that the visibility and legibility of the CE marking are not thereby reduced.
(3) Toys, their packaging or instructions for use shall also bear the hazard warnings and safety rules set out in Annex 3 to this Regulation. When placing toys on the market, the warnings and information referred to in paragraph 1 shall be given in the language of a Member State of the European Union. The provision of such data in other languages may be required by the laws of each Member State of the European Union.4)
(4) The CE marking on a toy indicates that the product complies with the technical requirements laid down in all the legislation applicable to it and which provides for or allows such marking and that the procedure laid down in the conformity assessment procedure has been followed. However, if one or more laws allow the manufacturer, for a transitional period, to choose which provisions he will follow, the CE marking shall indicate compliance only with those laws or their provisions used by the manufacturer. In this case, the documentation, warnings or instructions required by the legislation concerned and annexed to the products concerned, or, where this is not possible, on their packaging, shall indicate the relevant legislation of the European Communities or their provisions applied by the manufacturer.
Evidence of conformity assessment
(1) In the case of the procedure referred to in Article 3 (1), the following information shall be available to the manufacturer or the authorised representative for supervisory purposes:
(a) a description of the means by which the manufacturer ensures compliance of the products with the technical standards referred to in Article 2 (3) (for example, the use of the test report or the technical file) and, where an EC certificate of the type of the notified person has been issued at the request of the manufacturer or authorised representative, a copy of the documents submitted to the notified person and a description of the methods by which the manufacturer ensures compliance with the model tested;
(b) the addresses of the place of production and storage; and
(c) detailed information concerning construction and production.
(2) In the case of the procedure referred to in Article 3 (2), the following information shall be available to the manufacturer or the authorised representative for supervisory purposes:
(a) a detailed description of the production;
(b) a description of the means by which the manufacturer ensures compliance with the certified type (e.g. use of test report or technical file);
(c) the addresses of the places of production and storage;
(d) copies of the documents submitted by the manufacturer to the notified person pursuant to Article 4 (2); and
(e) the EC type-examination certificate or a certified copy thereof.
(3) Where the manufacturer is not established in a Member State of the European Union or there is no authorised representative, the person who places the product on the market shall be responsible for providing the conformity assessment documents referred to in paragraphs 1 and 2 upon request of the supervisory authority.
(4) In the event that the manufacturer or his authorised representative fails to submit the documents referred to in paragraphs 1 and 2, the supervisory authority may require, in accordance with a specific legislative provision (5), that the manufacturer or his authorised representative carry out the test by a notified person within a specified time limit to verify the conformity of the toy with the technical standards referred to in § 2 (3) and the essential requirements.
Notification of the imposition of a safeguard measure
In the event that a protective measure has been imposed on a toy under a special legislation, (6) the notification of the decision to impose a protective measure under Article 7 (8) of the Act shall state whether the non-compliance was caused by:
(a) failure to meet the essential requirements if the toy does not comply with the technical standards referred to in Article 2 (3);
(b) incorrect application of the technical standards referred to in Article 2 (3); or
(c) shortcomings in the technical standards referred to in Article 2 (3).
Authorisation conditions
(1) The conditions set out in Annex 4 to this Regulation shall apply to the authorisation of legal persons under Paragraph 11 (2) of the Act.
(2) The authorised person becomes a notified person in accordance with the procedure laid down in Article 11 (7) of the Act.
Transitional and final provisions
Persons in charge of conformity assessment activities under Government Regulation No. 171 / 1997 Coll., as amended by Government Regulation No. 292 / 2000 Coll. and Government Regulation No. 121 / 2001 Coll., shall be deemed to be persons in charge of activities under this Regulation.
The following shall be deleted:
1. Government Decree No. 171 / 1997 Coll., laying down technical requirements for toys.
2. Government Decree No. 292 / 2000 Coll., amending Government Decree No. 171 / 1997 Coll., laying down technical requirements for toys.
3. Government Decree No. 121 / 2001 Coll., amending Government Decree No. 171 / 1997 Coll., laying down technical requirements for toys, as amended by Government Decree No. 292 / 2000 Coll.
Efficacy
This Regulation shall enter into force on the date of the entry into force of the Treaty of Accession of the Czech Republic to the European Union.
Prime Minister:
PhDr. Špidla v. r.
Minister for Industry and Trade:
Ing. Rusnok v. r.
Příloha č. 1
Annex No 1 to Decree No 19 / 2003 Coll.
PRODUCTS NOT CONSIDERED FOR THE PURPOSES OF THIS REGULATION
1. Christmas ornaments.
2. Models of original products, made on a reduced scale and designed for adult collectors.
3. Tools intended for mass use on the playground.
4. Sports equipment.
5. Equipment for water sports for use in deep water.
6. Folklore and decorative dolls and other similar products for adult collectors.
7. "Professional" toys installed in publicly accessible places (shopping centres, stations and the like).
8. puzzles consisting of more than 500 parts or without a picture, intended for specialists.
9. Air rifles and air pistols.
10. Fireworks including capsules. 7)
11. Slingshots and catapults.
12. Set of arrows with metal tips.
13. Electric ovens, irons and other functional products operating at a rated voltage exceeding 24 V.
14. Products with heating cells intended for didactic purposes under adult supervision.
15. Vehicles with combustion engines.
16. Toys on the principle of steam engine.
17. Bicycle intended for sports or travelling on public roads.
18. Video games with a rated voltage greater than 24 V, designed to be connected to television sets.
19. Baby handlebars.
20. Faithful imitation of real firearms.
21. Fashion children's jewellery.
Příloha č. 2
Annex No 2 to Government Decree No 19 / 2003 Coll.
BACKGROUND SAFETY REQUIREMENTS
I. GENERAL PRINCIPLES
1. In accordance with the requirements of Section 2, protection of users of toys and third parties from health risks and from the risk of injury shall be ensured provided that toys are used in a specified manner or in a foreseeable manner, taking into account the normal behaviour of children. These risks are:
(a) is related to the design, construction or chemical composition of the toy;
(b) they result from the use of a toy and cannot be completely excluded from the modification of its design and chemical composition without thereby altering its function or removing its essential characteristics.
2. The degree of hazard in the use of the toy shall be proportionate to the ability of the user and, where appropriate, to supervision. This applies in particular to toys which are their function, dimensions and characteristics intended for children under 36 months of age.
In order to maintain this principle, the minimum age of users of a toy shall be determined or, where necessary, indicated that the toy may only be used under adult supervision.
3. Labels on toys or their packaging and instructions for use attached to them shall fully and effectively alert users or their supervision of the hazards arising from their use and of ways to avoid such hazards.
Instructions for use shall be given in the language of a Member State of the European Union.
II. SPECIFIC DANGEROUS
1. Physical and mechanical properties
(a) Toys and their components and, in the case of fastened toys, their anchorages shall have the required mechanical strength and / or the required resistance, where appropriate, to withstand stress and, if necessary, to avoid injury or injury after breaking or deformation.
(b) Accessible corners, edges, cords, cables and toy fasteners shall be of such shape and shall be made in such a way that, in contact with them, the risk of injury is as low as possible.
(c) Toys shall be designed and manufactured in such a way that the risk of injury caused by the movement of their parts is as low as possible.
(d) Toys and their parts and all separable parts of toys clearly intended for children under 36 months of age must have dimensions such that they cannot be swallowed or inhaled.
(e) Toys, their components and packaging in which toys and their components are packed for retail trade shall be adapted to avoid any risk of strangulation or asphyxiation.
(f) Toys intended to be used in shallow water and suitable for carrying the child on or above the water shall be designed and manufactured in such a way that the risk of losing this ability to sail and providing support to the child is as low as possible in the recommended way of use.
(g) Toys to which it is possible to enter and where this occurs for the entering internal enclosed space shall have an exit which can be easily opened from the inside.
(h) Toys which provide mobility to users shall, as far as possible, be fitted with a braking device adapted to the type of toy and adequate movement energy. This device shall be such that the user can control it easily and without risk of falling or other accidents by the user or third party.
(i) The shape, design of projectiles and kinetic energy which these projectiles may develop when firing from a toy shall be such that, with regard to the type of toy, there is no intolerable risk of injury to the user or third party.
j) Toys containing heating cells shall be so manufactured that:
- the highest temperature, which reaches all accessible external surfaces, did not cause burns when touched,
- liquids, vapours and gases in a toy have reached only high temperatures or pressures which, if leakage is unavoidable for the proper functioning of the toy, could not lead to burning, scalding or causing the risk of another injury.
2. Flammability
(a) Toys shall not become a dangerous flammable element around the child. They shall be made of materials which:
- in direct action by flame or spark or other ignition source, they shall not burn, or
- are difficult to ignite (stop burning after flame delay), or
- they burn slowly after ignition and allow only slow flame spread, or
- regardless of the chemical composition of the toy, slow down the burning process.
Such flammable substances shall not give rise to a risk of ignition for other substances used in the toy.
(b) Toys shall not contain any substances or mixtures which could become flammable after the leakage of non-flammable volatile constituents if, in view of the characteristics essential to their use, such toys, in particular materials and equipment for chemical experiments, modelling, modelling of plastics or ceramics, enamelling, photographic or similar works, contain mixtures of dangerous substances within the meaning of the specific legislation governing the chemical substances sector (8) or substances which meet the criteria of any of the following classes or categories of danger set out in Annex I to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures (hereinafter referred to as "Regulation (EC) No 1272 / 2008":
- hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,
- hazard classes 3.1 to 3.6, 3.7 "adverse effects on sexual function and fertility or development," 3.8 "non-narcotic effects, 3.9 and 3.10,
- hazard class 4.1, or
- hazard class 5.1.
(c) Toys shall not, when used in accordance with Paragraph 2 (1), create any risk of explosion or contain explosive elements or substances. This provision shall not apply to toy caps listed in Annex 1 to this Regulation, point 10 and in the corresponding footnote.
(d) Toys, in particular chemical games and toys, shall not contain substances or mixtures:
- which may explode after mixing as a result of:
- chemical reactions or warming up,
- mixing with oxidising substances,
- which contain volatile and airborne compression-ignition compounds which could create a flammable or explosive vapour mixture with air.
3. Chemical properties
(a) Toys shall be designed and manufactured in such a way that, when used in accordance with Article 2 (1), they do not constitute a health hazard or are unable to create a risk of injury due to ingestion, ingestion, inhalation or contact with the skin, mucous membranes or entry into the eyes.
Toys shall in any case comply with the relevant legislation for certain product groups or with those concerning prohibition, restricted use or labelling of certain dangerous substances and mixtures.
(b) In particular, for the protection of children's health when playing with a toy, the total bioavailability of the substances listed below shall not exceed the following values per day:
| antimon | 0,2 μg | kadmium | 0,6 μg |
| arsen | 0,1 μg | olovo | 0,7 μg |
| baryum | 25,0 μg | rtuť | 0,5 μg |
| chrom | 0,3 μg | selen | 5,0 μg |
or other values, where, on the basis of scientific knowledge, legislation of the European Communities provides for such or other substances.
The bioavailability of these substances is expressed by their soluble extract, which has toxicological significance.
(c) Toys shall not contain mixtures of hazardous substances within the meaning of the specific legislation governing the chemical matrix (8) or substances meeting the criteria of one of the following classes or categories of hazard set out in Annex I to Regulation (EC) No 1272 / 2008:
- hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,
- hazard classes 3.1 to 3.6, 3.7 "adverse effects on sexual function and fertility or development," 3.8 "non-narcotic effects, 3.9 and 3.10,
- hazard class 4.1, or
- hazard class 5.1,
in quantities that could harm the health of children playing with them. In any case, it is prohibited to add dangerous substances or mixtures to a toy if they should be used as such when using a toy.
However, where a limited number of substances or mixtures are necessary for the function of certain toys, as is the case in particular for materials and equipment for chemical experiments, modelling, modelling of plastics or ceramics, enamelling, photography and similar activities, that quantity shall be permitted only if it does not exceed the maximum concentration value defined for each hazardous substance or mixture in the technical standards referred to in Article 2 (3), provided that those substances and mixtures comply with the classification rules laid down in the specific legislation8) as regards labelling, without prejudice to point 4 of Annex 3 to this Regulation.
4. Electrical Properties
(a) Electric toys shall not be powered by an electric current with a rated voltage greater than 24 V and no part of the toy shall exceed this value.
(b) Parts of toys which are or may be in contact with a source of electricity which may cause injury, such as electrical lines and other conductors by which the current is brought into those parts shall be well insulated and mechanically protected in order to avoid that danger.
(c) Electric toys shall be so designed and constructed that, when the maximum temperature of each accessible surface is reached, this temperature cannot cause burns when touched.
5. Sanitation
Toys shall be designed and manufactured in such a way as to meet the hygiene and purity requirements in order to prevent the risk of infection, disease and pollution.
6. Radioactivity
Toys shall not contain radioactive elements or radioactive substances at doses which could harm children's health. The deliberate addition of radioactive substances in the manufacture of toys is not permitted.
Příloha č. 3
Annex No. 3 to Government Decree No. 19 / 2003 Coll.
SAFETY RULES FOR THE USE OF BORDER
Toys shall be provided with a clearly legible warning to reduce the risks associated with their use as specified in the essential requirements, namely:
1. Toys not intended for children under 36 months of age
Toys which could be dangerous for children under 36 months of age shall be warned, for example: "Not suitable for children under 36 months of age 'or" Not suitable for children under three years of age', together with brief information on the type of danger that this restriction requires. This information may also be provided in the instructions for use.
This provision shall not apply to toys which are manifestly unsuitable for children under 36 months of age for their function, dimensions, characteristics, characteristics or other serious reasons.
2. Slides, hang swings and rings, trays, ropes and similar toys mounted on cross beams
These toys shall be accompanied by instructions for use, stressing the need for regular inspection and maintenance of the main parts (hinges, fasteners, anchorages and the like) and warning that the toy may collapse or overturn if these checks are not carried out.
The instructions shall also include instructions on the correct assembly of a toy with warning of parts the incorrect assembly of which may cause a threat.
3. Functional Toys
Functional toys or their packaging shall bear the mark "Warning: Use only under adult supervision."
In addition, such toys shall be accompanied by instructions containing instructions for use and the safety rules to be followed by the user, indicating that non-compliance with these rules may expose the user to the specified danger which is usually associated with the use of the apparatus or product of which the toy is a reduced model or imitation. It shall also be stated that the toy should be kept out of reach of very young children.
"Functional toys' means toys which are used in the same way as adult devices or devices and are often a reduced model.
4. Toys containing dangerous substances or preparations. Chemical toys
(a) Without prejudice to the relevant provisions of Regulation (EC) No 1272 / 2008, the instructions for use of toys containing mixtures which are dangerous, or substances which meet the criteria of one of the following classes or categories of hazard set out in Annex I shall be:
- hazard classes 2.1 to 2.4, 2.6 and 2.7, 2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and 2, 2.14 categories 1 and 2, 2.15 types A to F,
- hazard classes 3.1 to 3.6, 3.7 "adverse effects on sexual function and fertility or development," 3.8 "non-narcotic effects, 3.9 and 3.10,
- hazard class 4.1, or
- hazard class 5.1,
Briefly, and in the form of an adapted toy type, the warnings of the dangerous nature of the substances or mixtures and the safety rules which the user must observe in order to avoid the hazards associated with them. First aid to be granted in the event of a serious accident which may occur when using a toy must also be recommended. It must also be stated that toys must be kept out of reach of very young children.
(b) In addition to the instructions referred to in (a), the packaging of a chemical toy shall bear the following marking:
"Warning: For children older than xx years (age is decided by the manufacturer). For use only under adult supervision '.
In particular, chemical sets, plastic watering sets, miniature ceramic workshops, enamelling or photographic toys and similar toys shall be regarded as chemical toys.
5. Ice skates and skateboards for children
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Government Regulation No. 19 / 2003 Coll., laying down technical requirements for toys |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.02.2003 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0