139. Regulation of the Federal Minister for Economic Affairs, Family and Youth, with which the toy labelling regulation will be amended

On the basis of § 32 of the Federal Act against the Unfair Competition 1984-UWG, BGBl. No 448/1984, as last amended by the Federal Law BGBl. I No 79/2007, shall be ordered:

1. The previous text of § 1 shall be replaced by the sales designation "(1)" and the expression " BGBl. No. 823/1994 " is expressed by the expression " BGBl. II No 203/2011 " replaced. The following paragraph 2 is added:

Toys which do not comply with § § 2 to 4 may only be issued and used at trade fairs and exhibitions, provided that a sign attached to it clearly indicates that it does not comply with these labelling requirements and that it is not the European Economic Area shall not be used for commercial purposes or placed on the market unless it meets the requirements of this Regulation. "

2. § 2 reads:

" § 2. The identification elements shall be:

1.		the name, company, mark or registered trade mark of the manufacturer, his authorised representative or the importer in the European Economic Area,
2.		the contact address of the manufacturer, his authorised representative or the importer in the European Economic Area;
3.		the CE marking in accordance with § 3,
4.		the number of the production line (batch number), the type, model or serial number, or any other identification mark identifying the production line; and
5.		the special warnings required because of the nature of the toy. § 13 of the Toys Ordinance, BGBl. II No 203/2011, as amended. "

3. § 3 para. 2 second sentence reads:

"Following the CE marking, pictograms or other warning signs or usage instructions may be affixed to the toy, its packaging or a label if it does not affect the visibility and legibility of the CE marking."

4. § 4 reads:

" § 4. (1) The marking must be made in German and is clearly visible and legible, as well as permanently on the toy, or, if this is not possible due to the size or nature of the toy, on the packaging or in the toy shall, unless otherwise specified in paragraphs 2 and 3, be attached.

(2) The indication in accordance with. § 2 Z 3 (CE marking) can also be affixed to a label attached to the toy. Where the CE marking of a packaged toy is not recognisable from the outside, it shall also be affixed to the packaging. In the case of small toys and in the case of toys consisting of small components, the CE marking may be fitted either on a label or on a package leaflet.

(3) If a CE marking is technically not possible in the case of commercial maintenance or placing on the market of toys with a counter-presentation packaging, the counter presentation packaging was originally intended as packaging of the In the case of toys, the information shall be affixed to the presentation packaging of the counter. "

5. § 6 reads:

" § 6. Toys which are subject to the provisions of the toy labelling ordinance in force in the version BGBl. No 1029/1994 and until such time as this Regulation has been placed on the market for the first time, it shall be allowed to remain on the market until stocks are dismantled. '

6. § 7 reads:

" § 7. This Regulation lays down the labelling provisions of Directive 2009 /48/EC on the safety of toys, OJ L 327, 22.7.2009, p. No. OJ L 170 of 30.06.2009 p. 1.

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