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Toy Regulation 2011

Original Language Title: Spielzeugverordnung 2011

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203. Regulation of the Federal Minister for Health on the Safety of Toys (Toys Regulation 2011)

On the basis of § 19 of the Food Safety and Consumer Protection Act-LMSVG, BGBl. I n ° 13/2006, as last amended by the Federal Law BGBl. I No 95/2010, shall be arranged:

Scope

§ 1. (1) The subject matter of this Regulation shall be products intended for use by children under 14 years of age, exclusively or not exclusively, for use by children under 14 years of age (toys according to § 3 Z 7 lit. e LMSVG).

(2) The products listed in Appendix 1 shall not be considered as toys under this Regulation.

(3) This Regulation shall not apply to the following toys:

1.

Playground equipment for public use,

2.

Slot machines, whether orally operated or not, for public use,

3.

toy vehicles equipped with internal combustion engines,

4.

Toy steam engines and

5.

Skidding and stone-throwing.

Definitions

§ 2. The following definitions shall apply to this Regulation:

1.

"manufacturer" means any natural or legal person who produces a toy or develop or manufacture and market this toy under its own name or brand;

2.

"authorised representative" means any natural or legal person established in the European Union who has been instructed in writing by a manufacturer to carry out certain tasks on his behalf;

3.

"importer" means any natural or legal person who, for the first time, places a toy from a third country in the European Union on the market;

4.

"trader" means any natural or legal person in the supply chain who places a toy on the market, with the exception of the manufacturer or the importer;

5.

"competent authority" means the Landeshauptmann according to § 24 LMSVG;

6.

"harmonised standard" means a standard drawn up by a recognised European standards body;

7.

"conformity assessment" means the procedure for assessing whether specific requirements for a toy have been met;

8.

"conformity assessment body" means a body carrying out conformity assessment activities, including calibrations, tests, certifications and inspections;

9.

"recall" means any measure aimed at the return of a toy already present to the final consumer;

10.

"withdrawal" means any measure intended to prevent a toy in the supply chain from being placed on the market;

11.

"CE marking" means the marking by which the manufacturer declares that the product complies with the applicable requirements;

12.

"functional product" means a product which functions in the same way and is used in the same way as a product, a device or an installation intended for use by adults, and which is a small-scale model which is true to scale of such a product or device, or be able to act on such an installation;

13.

"functional toy" means a toy which fulfils the same functions and is used in the same way as a product, a device or a device intended for use for adults, and which is a small scale model which is true to scale of such a product or device, or be able to act in such a way;

14.

"water toy" means a toy intended for use in the shallow water and capable of carrying a child on the water or holding it over water;

15.

"maximum design speed" means the representative operating speed which a toy can achieve on the basis of its design;

16.

"Activity toys": is a toy for use in the household, the supporting structure of which remains stationary during the activity and which is intended for the following activities of children: climbing, jumping, swinging, sliding, swings, turning, creeping or crawling or a combination of these activities;

17.

"chemical toy" means a toy intended for the direct handling of chemical substances and mixtures and age-appropriate use under the supervision of adults;

18.

"Brettspiel für den Geruchssinn": is a toy whose purpose is to help a child to learn the recognition of different smells or scents;

19.

"Cosmetic Case": is a toy whose purpose is to help children to manufacture products such as perfumes, soaps, creams, shampoos, bath foam, lipsticks, lipsticks, make-up, toothpaste and hair fixtures;

20.

"Play for the sense of taste" means a toy whose purpose is to enable children to produce sweets or other dishes using food ingredients such as sweeteners, liquids, powders and flavourings;

21.

"Damage" means a physical injury or any other health impairment, including long-term nature;

22.

"Danger": is the possible cause of damage;

23.

"risk" means the probability of occurrence of a hazard which causes damage and the severity of the damage;

24.

"intended for use by ..." means that parents or supervisors may reasonably assume, due to the functions, dimensions and characteristics of a toy, that it is intended for use by children of the specified age group.

General principles

§ 3. (1) Toys may only be placed on the market if:

1.

complies with the general safety requirements, according to which the safety or health of users or third parties should not be allowed to endanger the safety or health of children in accordance with the behaviour of children in accordance with their intended or pre-intended use.

The abilities of the users and, where appropriate, of the persons supervising them shall be taken into account, in particular, in the case of toys intended for use by children of less than 36 months of age or less, respectively. other precisely defined age groups are determined.

2.

complies with the specific safety requirements set out in Annex 2,

3.

is accompanied by the warnings and the conditions of use referred to in Appendix 5; and

4.

the CE marking in accordance with the toy labelling regulation, BGBl. No 1029/1994.

Toys which do not bear the CE marking or otherwise do not comply with this Regulation may be issued and used at trade fairs and exhibitions, provided that a sign attached to it clearly indicates that it is this Regulation , and that it will not be placed on the market in the European Union until it has been brought into line with the requirements of this Regulation.

EC declaration of conformity

§ 4. (1) Before being placed on the market for the first time, the manufacturer must confirm by means of an EC declaration of conformity that the requirements laid down in § 3 (1) Z 1 and 2 are fulfilled.

(2) The EC declaration of conformity shall contain at least the one set out in Annex 3 to this Regulation and the modules A, B or C of Annex II to Decision No 768 /2008/EC establishing a common regulatory framework for the marketing of products and repealing the Decision 93 /465/EEC, OJ L 378, 27. No. L 218 of 13 August 2008, and shall be kept up-to-date. The EC declaration of conformity corresponds to the design of the model in Appendix 3. It is to be written in German.

Obligations of the manufacturer

§ 5. (1) The manufacturer must ensure that he places the toy on the market for the first time, that it has been designed and manufactured in accordance with the requirements of section 3 (1) (1) (1) and (2).

(2) The manufacturer must draw up the necessary technical documentation in accordance with Section 12 (1) and (2) and have the conformity assessment to be carried out in accordance with § 10 to be carried out or carried out. If it has been demonstrated by this procedure that the toy complies with the applicable requirements, the manufacturer must issue the EC declaration of conformity referred to in Article 4 and the CE marking in accordance with the toy labelling regulation .

(3) The manufacturer must keep the EC declaration of conformity in accordance with § 4 and the technical documentation in accordance with § 12 ten years from the first placing on the market of the toy.

(4) The manufacturer must ensure, by means of appropriate procedures, that conformity is always ensured in the case of series production. Any changes to the design of the toy or its characteristics, as well as amendments to the harmonised standards referred to in the declaration of conformity of a toy, shall be duly taken into consideration.

(5) In the event that this is considered to be appropriate in the light of the risks posed by a toy, the manufacturer must, in order to protect the health and safety of consumers,

1.

to take samples of toys placed on the market,

2.

to carry out audits;

3.

if necessary, a list of complaints, non-conforming products and product recalls, and

4.

to keep dealers informed of any monitoring.

(6) The manufacturer must ensure that his toy bears a type, batch, model or serial number or a different identification mark for his identification, or, if this is not possible due to the size or nature of the toy, that: the information required on the packaging or in the documents accompanying the toy is indicated.

(7) The manufacturer must ensure that the toy is accompanied by the instructions for use and the safety information which is written in the German language.

(8) The manufacturer must, at the request of the competent authority, provide the competent authority with all information and documents in a language which is easily understood by that authority and which is intended to demonstrate the conformity of the toy. are required. The manufacturer shall cooperate with the competent authority, at the request of the competent authority, in all measures relating to the use of the hazards associated with toys which he has placed on the market.

Plenipotentiaries

§ 6. (1) A manufacturer may designate an authorised representative in writing.

(2) The obligations pursuant to § 3 (1) (1) and (2) and the preparation of the technical documentation pursuant to § 12 (1) and (2) shall not be part of the mandate of an authorised representative.

(3) An authorised representative shall carry out the tasks defined on behalf of the manufacturer. The contract shall allow the authorised representative to carry out at least the following tasks:

1.

keeping the EC declaration of conformity in accordance with § 4 and the technical documentation referred to in § 12 for the competent authority for a period of ten years after the first placing on the market of the product;

2.

at the request of the competent authority, the competent authority shall require all necessary information and documentation to demonstrate the conformity of a toy to that authority;

3.

, at the request of the competent authority, cooperation in all measures for the removal of the hazards associated with toys belonging to their duties.

Obligations of the importer

§ 7. (1) The importer shall be allowed to place only conformable toys on the market.

(2) Before placing a toy on the market for the first time, the importer shall ensure that the conformity assessment in question has been carried out by the manufacturer. It shall ensure that the manufacturer has drawn up the technical documentation in accordance with Article 12 (1) and (2), that the toy is marked with the required CE marking, that the necessary documents are attached to the toy and that the manufacturer is responsible for the production of the toy. has complied with the requirements laid down in Article 5 (6) as well as the other marking elements in accordance with the toy labelling regulation. Where an importer considers or has reason to believe that a toy does not comply with the requirements laid down in Article 3 (1) (1) (2) or (2), he shall not place this toy on the market before the conformity of the toy is manufactured. If a hazard is associated with the product, the importer shall inform the manufacturer and the competent authority thereof.

(3) The importer shall ensure that the toy is accompanied by the instructions for use and the safety information which is written in the German language.

(4) As long as a toy is in its responsibility, the importer shall ensure that the warehousing or transport conditions do not affect the match of the toy with the requirements of § 3 (1) Z 1 and 2.

(5) If it considers this appropriate in view of the risks posed by a toy, the importer shall have the right to protect the health and safety of consumers.

1.

to carry out random checks on toys placed on the market;

2.

examine the complaints and

3.

where appropriate, a register of complaints, of non-compliant toys and toy recalls, and

4.

to keep distributors informed of such monitoring.

(6) The importer shall keep a copy of the EC declaration of conformity in accordance with § 4 for the competent authority after the first placing on the market of the toy for ten years and shall ensure that he is responsible for the technical documentation in accordance with § 12 on request.

(7) The importer shall, at the request of the competent authority, provide the competent authority with all the information and documents in a language which is easily understood by that authority and which shall be used to demonstrate the conformity of the toy are required. He shall cooperate with the competent authority, at the request of the competent authority, in all measures relating to the use of the hazards associated with the toy which he has placed on the market.

Obligations of the trader

§ 8. (1) The dealer shall take account of the applicable requirements with due diligence when placing a toy on the market.

(2) Before placing a toy on the market, the trader shall check whether the toy is marked with the CE marking required, whether it is accompanied by the required documents and the instructions for use and safety information in German The manufacturer or importer has complied with the requirements laid down in Article 5 (6) and the other labelling elements in accordance with the toy labelling regulation. Where a trader considers or has reason to believe that a toy does not comply with the requirements laid down in Article 3 (1) (1) (2) or (2), he shall not bring that toy into circulation until he complies with those requirements in Agreement has taken place. Furthermore, if a risk is associated with the toy, the distributor shall also inform the manufacturer or importer and the competent authority thereof.

(3) As long as a toy is in its responsibility, the distributor shall ensure that the storage or transport conditions do not affect the conformity of the product with the requirements laid down in § 3 (1) Z 1 and 2.

(4) The trader shall, at the request of the competent authority, provide the competent authority with all the information and documents necessary for the verification of the conformity of the toy. He shall cooperate with the competent authority, at the request of the competent authority, in all measures relating to the use of hazards associated with a toy which he has placed on the market.

Circumstances under which the manufacturer ' s obligations shall also apply to the importer and distributor

§ 9. Where an importer or a trader brings toys under his or her own name or trade mark to an importer or distributor, a toy already on the market in such a way as to ensure compliance with the requirements of this Regulation , they shall be deemed to be a manufacturer and shall be subject to the obligations of the manufacturer in accordance with § 5.

Conformity assessment

§ 10. (1) The manufacturer, prior to the first placing on the market of a toy, has carried out an analysis of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards which may arise from the toy, as well as carry out an assessment of the possible exposure to these hazards.

(2) Before placing a toy on the market, the manufacturer must prove, by means of a conformity assessment in accordance with paragraph 3 or § 11, that the toy meets the requirements laid down in Article 3 (1) (1) (2) and (2).

(3) Where the manufacturer has applied the harmonised standards, the references of which have been published in the Official Journal of the European Union and which cover all the relevant safety requirements for the toy, the manufacturer shall apply the Procedures for internal production control in accordance with Annex II, Module A, to Decision No 768 /2008/EC.

EC type-examination

§ 11. (1) The EC type-examination shall be the procedure by which the manufacturer ensures that a toy placed on the market fulfils the requirements laid down in Article 3 (1) (1) (1) and (2), unless the application of the procedure of the internal Production control according to § 10 (3) can be assumed. It shall be carried out by a conformity assessment body in accordance with Article 14 (1) and (2).

(2) In the following cases, the toy shall be subjected to the EC type-examination in connection with the procedure of conformity with the type referred to in Annex II, Module C of Decision No 768 /2008/EC:

1.

if no harmonized standards, the references of which have been published in the Official Journal of the European Union and which cover all the relevant safety requirements for the toy, exist;

2.

if the harmonised standards referred to in Z 1 exist, but the manufacturer has not applied them or has only partially applied them;

3.

if the harmonized standards referred to in point Z 1 have been published only with a reservation;

4.

if the manufacturer is of the opinion that the type, design, design or purpose of the toy requires a third party inspection.

(3) In the case of application for the EC type-examination, the carrying out of this examination and the issue of the EC type-examination certificate, the procedure laid down in Annex II, Module B, of Decision No 768 /2008/EC shall be adopted. The EC type-examination must be carried out in accordance with the requirements of the second indent of Module B (2).

(4) The application for the implementation of the EC type-examination by the manufacturer must include a description of the toy and the indication of the place of manufacture, including the address.

The conformity assessment body shall, if necessary, jointly with the manufacturer, assess the analysis of the hazards posed by the toy, carried out by the manufacturer in accordance with Article 10 (1).

(6) The EC type-examination certificate issued by the conformity assessment body shall have a reference to this Regulation, a colour picture and a clear description of the toy, including its dimensions, and a list of the to include tests carried out with a reference to the relevant audit report. The EC type-examination certificate shall, if necessary, be checked at any time, in particular in the case of changes to the manufacturing process, raw materials or components of the toy, but at least every five years.

(7) The conformity assessment body shall withdraw the EC type-examination certificate if the toy does not comply with the requirements laid down in Article 3 (1) (1) (2) or (2).

(8) The technical documentation and correspondence relating to the EC type-examination procedures shall be drawn up by the conformity assessment body in a language which is easy to understand.

Technical documentation

§ 12. (1) The technical documentation must provide all relevant information on the means by which the manufacturer ensures that the toy meets the requirements laid down in Article 3 (1) (1) (1) and (2), and in particular the documents referred to in Annex 4. .

(2) The manufacturer must ensure that the technical documentation is submitted to the competent authority at the request of the competent authority within a period of 30 days. Where the technical documentation, because it has not been drawn up by a conformity assessment body in accordance with this Regulation, is available in an official language of the European Union which is not to be considered as easy to understand, the competent authority may: The Authority shall, on a reasoned request, provide for the translation of the relevant parts within a period of 30 days, unless a shorter time limit is justified, since there is a serious and immediate risk.

(3) Where the manufacturer does not comply with the obligations laid down in paragraph 1 or 2, the competent authority may require that the manufacturer, at his own expense and within a specified period, carry out an examination by a conformity assessment body in accordance with § 14 of this Regulation. , in order to verify compliance with the harmonised standards and compliance with the requirements laid down in Article 3 (1) (1) and (2).

Warning notices

§ 13. (1) In cases where it is appropriate for safe use, appropriate user restrictions shall be indicated in warnings for the purposes of section 3 (1) (1) (1) and (2) in accordance with Annex 5, Part A.

(2) For the categories of toys listed in Appendix 5, Part B, the warnings given there shall be used. The warnings given in Annex 5, Part B, Z 2 to 10, shall be used with the text in place. The toy may not be accompanied by one or more of the specific warnings referred to in Annex 5, Part B, if it is used for the intended use of the toy on the basis of its functions, dimensions and characteristics. contradict.

(3) The manufacturer shall have the warnings clearly visible, easily legible, comprehensible, in German language and in appropriate form on the toy, on a fixed label or on the packaging and, if necessary, on the attached instructions for use. In the case of small toys sold without packaging, the appropriate warning shall be affixed directly to the toy. The warning signs begin with the word "Attention". Warnings relevant to the decision to purchase a toy, such as the indication of the minimum and maximum age of the user, and the other relevant warnings referred to in Appendix 5, shall be indicated on the packaging or shall be indicated in be clearly recognizable to the consumer prior to the purchase, even when buying online.

Conformity assessment bodies

§ 14. (1) As bodies which may carry out conformity assessments, the persons authorized for the examination and evaluation of toys pursuant to Section 73 (2) LMSVG shall apply insofar as they are authorized in respect of the extent of the granted authorisation in accordance with § 9 of the Accreditation Act-AkkG, BGBl. No 468/1992, as last amended by BGBl. I n ° 85/2002, accredited laboratory or laboratory in another Member State or State Party of the EU or the EEA State, with any such accreditation, or are contractually bound, and in accordance with the Lab management system.

(2) Only conformity assessment bodies notified to the European Commission may carry out EC type-examination in accordance with § 11.

(3) Authorized persons according to § 73 para. 2 LMSVG, who intend to carry out conformity assessments, have to submit a request to the Federal Ministry of Health for notification. Where:

1. the authorization pursuant to Section 73 (2) of the LMSVG,

2. the letter of accreditation, including accreditation scope, and

3. the conclusion of a liability insurance

. Furthermore, the independence, impartiality, the exclusion of any influence by third parties and the observance of professional secrecy must be proved.

(4) The Federal Ministry of Health shall carry out the notification to the European Commission in accordance with para. 2 if all the conditions set out in paragraph 3 are fulfilled.

(5) The conformity assessment body shall be obliged to the Federal Ministry of Health

1.

indicate any substantial change which, in the event that the conditions laid down in paragraph 3 are no longer fulfilled, shall be entitled to withdraw the notification to the European Commission.

2.

to notify any refusal, restriction, suspension or withdrawal of EC type-examination certificates, stating the reasons.

Personal names

§ 15. In the case of the personal names used in this Regulation, the chosen form shall apply to both sexes.

Entry into force and transitional provision

§ 16. (1) This Regulation shall enter into force on 20 July 2011. With the entry into force of this Regulation, the Toys Regulation, BGBl. N ° 823/1994, amended by BGBl. II No 245/2003, except for force.

(2) Toys which do not comply with this Regulation but comply with the provisions currently in force may be placed on the market for the first time by 20 July 2011 and remain on the market until the stocks are dismantled.

(3) Toys which, with the exception of the requirements set out in Annex 2, Part III, comply with all the requirements of this Regulation, provided that this toy meets the requirements set out in Annex II, Part II, Z 3 of the Toy Regulation, BGBl. No 823/1994, until stocks are dismantled, must be kept on the market, provided that it has been placed on the market for the first time before 20 July 2013.

Implementation Notice

§ 17. This Regulation lays down Directive 2009 /48/EC, OJ L 177, 30.4.2009, p No. OJ L 170 of 30 June 2009, transposed into Austrian law.

Stöger

Appendix 1

List of products not considered to be toys under this Regulation

1.

Decorative items for festive occasions and festivities,

2.

Products for collectors, provided that a visible and legible reference is made to the product or its packaging, according to which the product is intended for collectors at least 14 years of age. This category includes:

a)

Original and true-to-scale small models,

b)

Kits of original and true-to-scale small models,

c)

Folklore and decorating scales and similar articles,

d)

Retraining of historic toys and

e)

Imitating real firearms.

3.

sports equipment including roller skates, inline skates and skateboards for children weighing more than 20 kg,

4.

Bicycles with a maximum saddle height of more than 435 mm, measured as a vertical distance from the ground up to the upper part of the seat, with the seat in the horizontal position and with the seat cushion in its smallest snap-in position,

5.

Scooters and other means of transport, designed as sports equipment or intended for the movement on public roads or public roads,

6.

electrically powered vehicles designed to move on public roads and on paths or on public sidewalks,

7.

Water sports equipment for use in deep water and swimming aids for children, such as swimming seats and swimming aids,

8.

Puzzle games with more than 500 parts,

9.

guns and pistols operated with pressurized gas, with the exception of water guns and pistols, as well as sheets for archery that are over 120 cm long,

10.

Fireworks, including amorces, which are not specifically intended for toys,

11.

Products and games with tapered throwing shots, such as arrow games, where arrows with metal tips are used,

12.

functional learning products, such as cookers, iron and other functional products, which are operated at a nominal voltage of more than 24 volts and are sold exclusively for didactic purposes for use under the supervision of an adult;

13.

products intended for teaching at schools and for other training situations under the supervision of an adult educator, such as scientific equipment,

14.

electronic devices, such as personal computers and game consoles, for accessing interactive software and connected peripherals, provided that the electronic devices or peripheral devices are not designed specifically for children and for which the use of electronic devices is not intended for use in the those are designed, such as specially designed personal computers, keyboards, joysticks or steering wheels,

15.

interactive software for leisure and entertainment such as computer games and their storage media (e.g. CDs),

16.

Schnuller,

17.

Lights that can be held by children for toys,

18.

electrical transformers for toys,

19.

Fashion accessories for children who are not intended as toys.

Appendix 2

Special security requirements

I. Physical and mechanical properties

1.

Toys and parts thereof and, in the case of fortified toys, their fastenings shall have the necessary mechanical strength and, where appropriate, the stability required to withstand stress during their use, without the need for: the risk of bodily injury is caused by breakage or deformation.

2.

Accessible corners, protruding parts, ropes, cables and fixtures of a toy must be designed and manufactured in such a way that the risk of injury when touched is as low as possible.

3.

Toys must be designed and manufactured in such a way as to ensure that there is no risk, or only the lowest possible risk, which in principle is connected with the use of the toy by the movement of certain parts.

4.

(a) toys and parts thereof must exclude the risk of strangulation.

b)

Toys and parts thereof must exclude the risk of suffocation caused by an interruption of the respiratory air flow caused by a blockage of the airways outside the mouth and nose.

c)

Toys and parts thereof shall not have dimensions which involve the risk of suffocation caused by an interruption of the air flow through the blocking of the internal airways by means of objects which are jammed in the mouth or throat or which are placed on the inside of the body. Enter the entrance to the lower airways.

d)

Toys which are obviously intended for use by children under 36 months of age, its components and its removable parts must be so large that they cannot be swallowed or inhaled. This also applies to other toys intended to be put in the mouth, as well as for its components and detachable parts.

e)

In the case of packaging in which toys are placed in the retail trade, the risk of strangulation or suffocation must be excluded by the blocking of the airways outside the mouth and nose.

f)

Toys contained in food or in combination with a food must be provided with a package of its own. This packaging must be so large in its delivery condition that it cannot be swallowed up and/or inhaled.

g)

Toy packagings according to lit. e and f, which are spherical, egg-shaped or ellipsoidal, as well as removable parts of such packaging or cylindrical toy packaging with rounded ends must have such dimensions that it does not block the Respiratory tract can come by sticking in the mouth or throat or stuck at the entrance to the lower airways.

h)

Toys which are linked to a food in such a way that the food has to be eaten so that the toy is accessible is prohibited. Parts of toys that are directly attached to a food must be included in the lit. c and d fulfil the requirements set out above.

5.

Water toys shall be designed and manufactured in such a way as to minimise the risk of the toy being able to float and of the holding provided to the child at the level of use recommended for the toy.

6.

Toys which have access to the interior and which thus form a closed space for the user must have an output which the intended users can easily open from the inside.

7.

Toys which impart mobility to their users shall, where possible, be fitted with braking devices adapted to the type of toy which are appropriate to the kinetic energy of the toy. This device must be able to be used by users easily and without the risk of being caused by whiplash, or without the risk of other harmful effects for users or third parties. The maximum design speed of electrically driven seat-mounted vehicles shall be limited in such a way that the risk of injury is as low as possible.

8.

The shape and structure of projectiles and the kinetic energy which they may develop when they are shot by a toy provided for this purpose shall be chosen in such a way as to ensure that the user of the toy or a third party, taking account of the nature of the toy, shall be entitled to: Toy is not a risk of injury.

9.

Toys must be manufactured in such a way that

a)

the highest and lowest temperature reached by all accessible outsides does not cause injury upon contact, and

b)

Liquids, vapours and gases in the toy do not reach such high temperatures or pressures that when they escape, as far as this escape is essential for the proper functioning of the toy, burns or other Body damage can be caused.

10.

Toys designed to emit a sound shall be designed and manufactured in relation to the maximum levels of impulse noise and noise caused by this toy in such a way as to ensure that the sound does not make the hearing of children Damage.

11.

An activity toy is to be manufactured in such a way that the risk of crushing or jamming of body parts or the jamming of garments, as well as the risk of falls and shocks and the risk of drowning is kept as low as possible. In particular, each surface of such a toy, on which a child or several children can play, is to be designed in such a way that it can carry the weight of these children.

II. Flammability

1.

Toys must not constitute a dangerous flammable object in the child's environment. It must therefore consist of materials that meet one or more of the following conditions:

a)

They do not catch fire in the direct action of a flame, a spark or any other possible ignition source.

b)

They are difficult to ignite (d. h. the flame listens as soon as the cause of inflammation is no longer present).

c)

After they have caught fire, they burn slowly and allow only a slow spread of the fire.

d)

Regardless of the chemical composition of the toy, they are designed to mechanically slow down the burn-off. Such combustible materials must not pose a risk of inflammation for other materials used in toys.

2.

Toys which, on the basis of the properties necessary for their use, contain substances or mixtures which meet the criteria for classification in accordance with Annex B Z 1, in particular materials and equipment for chemical experiments, model making, Modelling materials for plastics or ceramics, enamelling and photographic and similar works must not contain any substances or mixtures which can be ignited in the event of loss of non-flammable constituents.

3.

Toys other than amorces may not be explosive or contain explosive parts or substances in use in accordance with § 3 (1) (1) (1).

4.

Toys, in particular chemical games and toys, shall not contain substances or mixtures:

a)

which can explode in a mixed condition either by chemical reactions or by heating;

b)

which can explode by mixing with oxidising (oxidizing) substances, or

c)

the volatile and air-flammable compounds which can form an flammable or explosive mixture with air.

III. Chemical properties

1.

Toys must be designed and manufactured in such a way that, in the case of use in accordance with Article 3 (1) (1), the human health may not be harmful in the event of exposure to the chemical substances or mixtures of which it exists. Toys must be subject to the relevant legislation applicable to certain categories of products, or comply with restrictions on certain substances and mixtures.

2.

Toys, which are themselves substances or mixtures, must also:

a)

Chemicals Ordinance 1999-ChemV, BGBl. II No 81/2000, as last amended by BGBl. II No 186/2002,

b)

Chemical Law 1996-ChemG 1996, BGBl. I No 53/1997, as last amended by BGBl. I No 88/2009, and

c)

Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006, OJ L 327, 30.12.2006, p. No. OJ L 353 of 31 December 2008, as amended,-where applicable-with regard to the classification, packaging and labelling of certain substances and mixtures

.

3.

Without prejudice to the restrictions in force in accordance with the second sentence of Z 1, substances classified as carcinogenic, mutagenic or toxic to reproduction (CMR) of category 1A, 1B or 2 pursuant to Regulation (EC) No 1272/2008 may be placed in toys, in Toy components or toy components which can be distinguished on the basis of their microstructure are not used.

4.

By way of derogation from Z 3, substances or mixtures classified as CMR of the categories listed in Annex B Z 3 may be used in toys, in toy components or in toy components distinguishable from their microstructure under at least one of the following: The following requirements are used:

a)

These substances and mixtures are present in individual concentrations corresponding to the relevant concentrations laid down in the relevant legislation, to which Annex B, Z 2, for the classification of mixtures containing these substances be referred to, or are smaller than these;

b)

these substances and mixtures are not accessible to children in any form, including through inhalation, if the toy is used as indicated in § 3 (1) (1) (1);

c)

a decision has been taken in accordance with Article 46 (3) of Directive 2009 /48/EC on the safety of toys, OJ L 376, 31.12.2009, p No. L 170 of 30 June 2009, to authorise the substance or mixture and its use, and the substance or mixture concerned and the permitted uses have been listed in Annex A.

5.

By way of derogation from Z 3, substances or mixtures classified as CMR of the categories listed in Annex B Z 4 may be used in toys, in toy components or in toy components which can be distinguished on the basis of their microstructure under the following conditions: Prerequisites are:

a)

These substances and mixtures shall be present in individual concentrations corresponding to the relevant concentrations laid down in the legislation referred to in Annex B (2) for the classification of mixtures containing these substances, , or are smaller than these; or

b)

these substances and mixtures are not accessible to children in any form, including through inhalation, if the toy is used as indicated in § 3 (1) (1) (1); or

c)

a decision has been taken in accordance with Article 46 (3) of Directive 2009 /48/EC to authorise the substance or mixture and its use, and the substance or mixture concerned and the permitted uses have been listed in Annex A.

6.

The Z 3, 4 and 5 do not apply to nickel in stainless steel.

7.

The Z 3, 4 and 5 shall not apply to materials which comply with the specific limit values set out in Annex C or until such provisions have been established, but no longer than until 20 July 2017 for materials covered by the provisions for materials which come into contact with food, in accordance with Regulation (EC) No 1935/2004 on materials and articles intended to come into contact with foodstuffs and repealing Directives 80 /590/EEC and 89 /109/EEC, OJ L 103. No. OJ L 338, 13.11.2004, as amended, and the specific measures relating to special materials related thereto, which are in accordance with the specific measures.

8.

Without prejudice to the application of Z 3 and 4, nitrosamines and nitroisable substances may not be used in toys intended for use by children under 36 months of age, or in toys intended to be put in the mouth if the Migration of the substances 0.05 mg/kg for nitrosamines and 1 mg/kg for nitroisable substances or exceeding this content.

9.

Cosmetic toys such as doll makeup must be used in terms of the composition and labelling of the cosmetics regulation, BGBl. II No 375/1999, as last amended by BGBl. II No 291/2010, and the Cosmetics Labelling Regulation, BGBl. No 891/1993, as last amended by BGBl. II No 28/2005.

10.

Toys must not contain any of the following allergenic fragrances:

No.

Name of the allergenic fragrance

CAS number

(1)

Alantwurzelöl (Inula helenium)

97676-35-2

(2)

Allyl isothiocyanate

57-06-7

(3)

Benzyl cyanide

140-29-4

(4)

4-tert-butylphenol

98-54-4

(5)

Chenopodium oil

8006-99-3

(6)

Cyclamene alcohol

4756-19-8

(7)

Diethyl maleate

141-05-9

(8)

Dihydrocoumarin

119-84-6

(9)

2,4-dihydroxy-3-methylbenzaldehyde

6248-20-0

(10)

3,7-dimethyl-2-octen-1-ol (6 ,7-dihydrogeraniol)

40607-48-5

(11)

4,6-dimethyl-8-tert-butylcoumarin

17874-34-9

(12)

Dimethylcitraconate

617-54-9

(13)

7,11-Dimethyl-4,6, 10-dodecatrien-3-one

26651-96-7

(14)

6,10-dimethyl-3,50 ,9-undecatrien-2-one

141-10-6

(15)

Diphenylamine

122-39-4

(16)

Ethyl acrylate

140-88-5

(17)

Ficus carica (fig leaves), fresh and in preparations

68916-52-9

(18)

trans-2-heptenal

18829-55-5

(19)

trans-2-hexenal diethyl acetal

67746-30-9

(20)

trans-2-hexenaldimethyl acetal

18318-83-7

(21)

Hydroabietyl alcohol

13393-93-6

(22)

4-ethoxyphenol

622-62-8

(23)

6-lsopropyl-2-decahydronaphthalenol

34131-99-2

(24)

7-methoxycoumarin

531-59-9

(25)

4-methoxyphenol

150-76-5

(26)

4-(p-methoxyphenyl) -3-buten-2-one

943-88-4

(27)

1-(p-methoxyphenyl) -1-penten-3-one

104-27-8

(28)

Methyl trans-2-butenoate

623-43-8

(29)

6-Methylcoumarin

92-48-8

(30)

7-Methylcoumarin

2445-83-2

(31)

5-methyl-2,3-hexanedione

13706-86-0

(32)

Costuswurzelöl (Saussurea lappa Clarke)

8023-88-9

(33)

7-ethoxy-4-methylcoumarin

87-05-8

(34)

Hexahydrocoumarin

700-82-3

(35)

Perubalsam, roh (Exudation from Myroxylon pereirae (Royle) Klotzsch)

8007-00-9

(36)

2-Pentylidenecyclohexanone

25677-40-1

(37)

3, 6, 10-trimethyl-3, 5, 9-undecatrien-2-one

1117-41-5

(38)

Verbena oil (Lippia citriodora Kunth)

8024-12-2

(39)

Moschus Ambrette (4-tert-butyl-3-methoxy-2,6-dinitrotoluene)

83-66-9

(40)

4-phenyl-3-buten-2-one

122-57-6

(41)

Amyl-Zimtaldehyde

122-40-7

(42)

Amylcinnamyl alcohol

101-85-9

(43)

Benzyl alcohol

100-51-6

(44)

Benzyl salicylate

118-58-1

(45)

cinnamyl alcohol

104-54-1

(46)

Cinnamon dehydrated

104-55-2

(47)

Citral

5392-40-5

(48)

Coumarin

91-64-5

(49)

Eugenol

97-53-0

(50)

Geraniol

106-24-1

(51)

Hydroxycitronellal

107-75-5

(52)

Hydroxymethylpentylcyclohexenecarboxaldehyde

31906-04-4

(53)

Isoeugenol

97-54-1

(54)

Oak moosextrakt

90028-68-5

(55)

Tree-Moosextrakt

90028-67-4

However, traces of these fragrances may be present, provided that this is technically unavoidable even if the good manufacturing practice is complied with and if 100 mg/kg are not exceeded.

In addition, the names of the following allergenic fragrances must be indicated on the toy, on a label attached to it, on the packaging or on a companion product, if it has a toy in concentrations of more than 100 mg/kg in the Toys or parts thereof are added:

No.

Name of the allergenic fragrance

CAS number

(1)

Anisyl alcohol

105-13-5

(2)

Benzyl benzoate

120-51-4

(3)

Benzyl cinnamate

103-41-3

(4)

Citronellol

106-22-9

(5)

Farnesol

4602-84-0

(6)

Hexylzimtaldehyde

101-86-0

(7)

Lilial

80-54-6

(8)

d-Limonen

5989-27-5

(9)

Linalool

78-70-6

(10)

Methyl heptincarbonate

111-12-6

(11)

3-Methyl-4-(2,6,6-trimethyl-2-cyclohexen-1-yl) -3-buten-2-one

127-51-5

11.

The use of the fragrances contained in points 41 to 55 of the list referred to in the first paragraph of Z 10 and the fragrances contained in points 1 to 11 of the list referred to in the third paragraph of point 10 of this paragraph shall be used in the following cases: Board games for the sense of smell, cosmetic caffeine and games allowed for the sense of taste, provided that:

a)

these fragrances are clearly labelled on the packaging and are included on the packaging of the warning notice referred to in Annex 5, Part B, Z 10,

b)

where appropriate, the products manufactured by the child in accordance with the instructions for use comply with the requirements of the Cosmetics Regulation, and

c)

These fragrances may be in accordance with the relevant legislation on food. Such board games for the sense of smell, cosmetic suitcases and games for the sense of taste may not be used by children under 36 months of age and must comply with Appendix 5, Part B, Z 1.

12.

Without prejudice to Z 3, 4 and 5, the following migration limits of toys or toy components may not be exceeded:

Item

mg/kg

in dry, brittle, dust-like or supple toy materials

mg/kg

in liquid or adherent toy materials

mg/kg in scraped toy materials

Aluminium

5 625

1 406

70 000

Antimony

45

11.3

560

Arsenic

3.8

0.9

47

Barium

4 500

1 125

56 000

Boron

1 200

300

15 000

Cadmium

1.9

0.5

23

Chromium (III)

37,5

9.4

460

Chromium (VI)

0.02

0.005

0.2

Cobalt

10.5

2.6

130

Copper

622.5

156

7 700

Lead

13.5

3.4

160

Manganese

1 200

300

15 000

Mercury

7.5

1.9

94

Nickel

75

18.8

930

Selenium

37,5

9.4

460

Strontium

4 500

1 125

56 000

Tin

15 000

3 750

180 000

Organotin compounds

0.9

0.2

12

Zinc

3 750

938

46 000

These limit values shall not apply to toys or toy components which, when used in accordance with Article 3 (1) (1) (1), by its accessibility, its function, its volume or its mass, shall be subject to any risk from sucking, licking, Swallow or exclude longer skin contact clearly/exclude.

IV. Electrical properties

1.

In the case of electrical toys, the nominal voltage shall not exceed 24 volts DC or the corresponding AC voltage and shall not exceed 24 volts DC voltage or the corresponding AC voltage at any accessible part. The internal voltage shall not exceed 24 volts DC or the corresponding AC voltage only if it is ensured that the combination of voltage and current strength does not constitute a risk even in the case of a defective toy or damaging electric shock.

2.

Parts of toys which are connected to a power source which can cause a current blow, or which may come into contact with such a power source, as well as cables and other conductors through which electricity is supplied to these parts, must be well insulated and to be mechanically protected in order to avoid the risk of a current strike.

3.

Electrical toys shall be designed and manufactured in such a way that all directly accessible external surfaces do not reach temperatures which cause burns in the event of contact.

4.

In the case of foreseeable error conditions, toys must provide protection against electrical hazards emanating from a power source.

5.

Electrical toys must provide adequate protection against fire hazards.

6.

Electrical toys shall be designed and manufactured in such a way that electrical, magnetic and electromagnetic fields and other radiations produced by the means of operation are restricted to the extent necessary for the operation of the toy; Furthermore, toys must be safely operated in accordance with the generally accepted state of the art and the relevant Union legislation.

7.

Toys with an electronic control system shall be designed and manufactured in such a way that it can be operated safely even if the electronic system is subject to interference or if it is caused by a defect in itself or on the basis of a defect in the electronic system. The reason for external influences is not possible.

8.

Toys shall be designed and manufactured in such a way that they do not pose any risk to health or injury to the eyes or skin of the skin by means of lasers, light-emitting diodes (LEDs) or other types of radiation.

9.

The transformer for electrical toys must not form part of the toy.

V. Hygiene

1.

Toys must be designed and manufactured in such a way that it meets the requirements for hygiene and cleanliness, so that any risk of infection, disease or contamination is avoided.

2.

Toys intended for use by children under 36 months of age shall be designed and manufactured in such a way that it can be cleaned. Textile toys must be washable for this purpose, unless it contains a mechanism that could be damaged if it is soaked. The toy must comply with the safety requirements even after cleaning according to this point and the manufacturer's instructions.

VI. Radioactivity

Toys must comply with all relevant provisions adopted in accordance with Chapter III of the Treaty establishing the European Atomic Energy Community.

Appendix 2, Annex A

List of CMR substances and their permitted uses in accordance with Annex 2, Part III, Z 4, 5 and 6

Fabric

Classification

Allowed use

Nickel

CMR 2

of non-rusting steel

Appendix 2, Annex B

Classification of substances and mixtures

As a result of the timetable for the implementation of Regulation (EC) No 1272/2008, there are equivalent types of reference to a certain classification which must be used at different times.

1.

Criteria for the classification of substances and mixtures for the purposes of Annex II, Part II, Z 2

A.

Criteria that apply from 20 July 2011 to 31 May 2015:

Substances

The substance shall meet the criteria for one of the following hazard classes or categories listed in Annex I to Regulation (EC) No 1272/2008:

a)

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;

b)

Hazard classes 3.1 to 3.6, 3.7 impairment of sexual function and fertility and development, 3.8 excluding beating effects, 3.9 and 3.10;

c)

Hazard class 4.1;

d)

Hazard class 5.1.

Mixtures

The mixture is dangerous within the meaning of the chemicals regulation 1999.

B.

Criterion applicable from 1 June 2015:

The substance or mixture meets the criteria for one of the following hazard classes or categories as set out in Annex I to Regulation (EC) No 1272/2008:

a)

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;

b)

Hazard classes 3.1 to 3.6, 3.7 impairment of sexual function and fertility and development, 3.8 excluding beating effects, 3.9 and 3.10;

c)

Hazard class 4.1;

d)

Hazard class 5.1.

2.

Legislation relating to the use of certain substances for the purposes of Annex 2, Part III, Z 4 lit. a and Z 5 lit. a)

From 20 July 2011 to 31 May 2015, the concentration values relevant to the classification of mixtures containing the respective substances are the values laid down in 1996 under the Chemicals Act.

As from 1 June 2015, the concentration values relevant to the classification of mixtures containing the respective substance shall be the values laid down under Regulation (EC) No 1272/2008.

3.

Categories of substances and mixtures classified as carcinogenic, mutagenic or toxic for reproduction (CMR) for the purposes of Annex 2, Part III, Z 4

Substances

Annex 2, Part III, Z 4 shall apply to substances which are classified as CMR of category 1A or 1B under Regulation (EC) No 1272/2008.

Mixtures

From 20 July 2011 to 31 May 2015, Annex 2, Part III, Z 4 applies to mixtures which, under the Chemicals Act of 1996 and the Chemicals Regulation 1999-where applicable-are considered as CMR of category 1 and/or 2.

As from 1 June 2015, Annex 2, Part II, Z 4 shall apply to mixtures which are classified as CMR of category 1A or 1B under Regulation (EC) No 1272/2008.

4.

Categories of substances and mixtures classified as carcinogenic, mutagenic or toxic for reproduction (CMR) for the purposes of Annex 2, Part III, Z 5

Substances

Annex 2, Part III, Z 5 shall apply to substances classified as CMR in category 2 under Regulation (EC) No 1272/2008.

Mixtures

From 20 July 2011 to 31 May 2015, Annex 2, Part III, Z 5 applies to mixtures which are classified as CMR in category 3 under the Chemicals Act of 1996 and the Chemicals Regulation, where applicable.

As from 1 June 2015, Annex 2, Part III, Z 5 shall apply to mixtures which are classified as CMR of category 2 under Regulation (EC) No 1272/2008.

5.

Categories of substances and mixtures classified as carcinogenic, mutagenic or toxic for reproduction (CMR) for the purposes of Article 46 (3) Directive 2009 /48/EC

Substances

Article 46 (3) Directive 2009 /48/EC shall apply to substances classified as CMR of category 1A or 1B or 2 pursuant to Regulation (EC) No 1272/2008.

Mixtures

From 20 July 2011 to 31 May 2015, Article 46 (3) of Directive 2009 /48/EC shall apply to mixtures which are classified as CMR of category 1, 2 or 3 under the Chemicals Act of 1996 and the Chemicals Regulation 1999, where applicable.

As from 1 June 2015, Article 46 (3) of Directive 2009 /48/EC shall apply to mixtures which are classified as CMR of category 1A or 1B or 2 pursuant to Regulation (EC) No 1272/2008.

Appendix 2, Annex C

Specific limit values for chemical substances used in toys intended for use by children under 36 months of age, or in other toys that are intended to be put in the mouth

Appendix 3

EC declaration of conformity

1.

No. ... (unique identification number of the toy)

2.

Name and address of the manufacturer or his authorised representative:

3.

The sole responsibility for the issue of this declaration of conformity is borne by the manufacturer:

4.

The purpose of the declaration (name of the toy for traceability). It contains a sufficiently distinct color image on which the toy can be seen.

5.

The subject-matter of the Declaration, as described in Z 4, complies with the relevant legislation:

6.

an indication of the relevant harmonised standards which have been used or specify the specifications for which conformity is to be declared:

7.

Where appropriate: The conformity assessment body (name, identification number) ... (description of their measure) ... and the following certificate issued:

8.

Additional information: Signed for and on behalf of: (place and date of issue) (name, function) (signature)

Appendix 4

Technical documentation

The technical documentation referred to in § 12 shall include, in particular, the following if relevant for the evaluation:

a)

a detailed description of the design and manufacture, including a list of ingredients and materials used in the toy, as well as the safety data sheets for chemical substances used (available from the supplier);

b)

the security assessment (s) carried out in accordance with § 10 (1);

c)

a description of the conformity assessment procedure applied;

d)

a copy of the EC declaration of conformity;

e)

the address of the manufacturing and storage locations;

f)

a copy of the dossier submitted by the manufacturer to a notified body, where appropriate;

g)

test reports and a description of the means by which the manufacturer ensures conformity of production with the harmonized standards in the event that the manufacturer has passed the internal production control procedure in accordance with Article 10 (3); and

h)

a copy of the EC type-examination certificate, a description of the means by which the manufacturer guarantees the conformity of production with the type as described in the EC type-examination certificate, and a copy of the documents which: the manufacturer of the conformity assessment body has transmitted the toy to the procedure of the EC type-examination in accordance with Article 11 (2) and if the manufacturer has undergone the procedure of conformity with the design.

Appendix 5

Warning notices

PART A

General warnings

The user restrictions in accordance with § 13 (1) include at least the minimum or maximum age of the user and, where appropriate, the required skills of the user, the maximum or minimum weight of the user, as well as the indication that the user has the right to Toys may only be used under the supervision of adults.

PART B

Special warnings and conditions of use for the use of certain categories of toys

1.

Toys which are not intended for use by children under 36 months of age

Toys that could be dangerous for children under 36 months of age must bear a warning, for example: "Not suitable for children under 36 months." or "Not suitable for children under three years." or a warning in the form of the the following figure:

These warnings must be supplemented by a brief indication-which may also be the result of the instructions for use-on the special dangers which this precautionary measure will require.

This number shall not apply to toys which, on the basis of its function, dimensions, characteristics and characteristics, or for other compelling reasons, may not appear to be intended for children under 36 months of age.

2.

Activity toys

Activity toys must bear the following warning message: "Only for home use."

Activity toys mounted on a scaffold, as well as other activity toys, must be accompanied, where appropriate, by an instruction manual, which indicates the need for periodic inspection and maintenance of the most important parts (suspension, fixing, anchorage on the ground, etc.) and the risk of tipping or falling in the event of such checks being carried out. Instructions must also be given for proper assembly, as well as instructions on the parts which can lead to a danger when the assembly is wrong. It is necessary to indicate how an installation area for the toy has to be provided.

3.

Functional toys

Functional toys must bear the following warning: "Use under the direct supervision of adults."

It must also be accompanied by an instruction manual containing the instructions for use as well as the precautions to be taken by the user, with the warning that the user will be closer to the user when not respecting his or her personal data. , which are normally associated with the device or product, the reduced model or replica of which is the toy. It should also be pointed out that this toy has to be kept out of reach of children under a certain age to be determined by the manufacturer.

4.

Chemical toys

Without prejudice to the application of the provisions laid down in the Union rules in force on the classification, packaging and labelling of certain substances and mixtures, the instructions for use of toys which are dangerous to themselves shall be referred to in the directive. substances or mixtures, on the dangerous nature of these substances or mixtures, and on the precautions to be taken by the user, in order to ensure that the risks associated with the use of the toy, which, depending on the nature of the toy, are briefly shall be switched off. The first aid measures required in the event of serious accidents due to the use of this type of toy will also be mentioned. It should also be pointed out that the toy has to be kept out of reach of children under a certain age to be determined by the manufacturer.

In addition to the information provided for in paragraph 1, chemical toys on the packaging shall bear the following warning:

" Not suitable for children under ... Years. 1 Use under the supervision of adults. "

The main chemical toys are: chemical testing boxes, plastic potting boxes, miniature workshops for ceramics, enamel and photographic works, and similar toys that can be used in a chemical reaction or in a chemical reaction. comparable changes in metabolism during use.

5.

Skates, skates, inline skates, skate boards, scooters and toy bikes for children

If these products are sold as toys, they must bear the following warning:

" To use with protective equipment. Not to be used in road transport. "

Furthermore, it should be pointed out in the instructions for use that the toy should be used with care, since it requires great skill to prevent accidents of the user or third parties by falling or collisions. Information on the appropriate protective equipment (protective helmets, gloves, knee protectors, elbow protectors, etc.) should also be provided.

6.

Water toys

Water toys must bear the following warning:

"Use only in shallow water under the supervision of adults."

7.

Toys in food

Toys contained in food or together with a foodstuff must bear the following warning:

" Contains Toys. Supervision recommended by adults. "

8.

Imitations of protective masks or helmets

Imitations of protective masks or helmet helmets must bear the following warning:

"This toy offers no protection."

9.

Toys intended to be attached to the weighing, cots or strollers by means of cords, bands, elastic bands or straps

Toys intended to be attached to the weighing, cots or strollers by means of cords, bands, elastic bands or belts shall bear the following warning on the packaging, which shall also be permanently attached to the toy:

"In order to prevent possible injuries from shipowners, this toy is to be removed when the child starts crawling on all the veins."

10.

Packaging for fragrances in board games for the sense of smell, cosmetic suitcases and games for the sense of taste

The packaging of fragrances in board games for the sense of smell, cosmetic caffeine and play for the sense of taste, which are the fragrances listed in points 41 to 55 of the list in Annex 2, Part III, Z 10, first paragraph, and those referred to in points 1 Until 11 of the list of fragrances listed in Annex 2, Part III, Z 10, third paragraph, must bear the following warning:

"Contains fragrances that can cause allergies".