203. Regulation of the Federal Minister of health on the safety of toys (toy regulation 2011)
On the basis of § 19 of the food safety and Consumer Protection Act - LMSVG, Federal Law Gazette I no. 13/2006, as last amended by Federal Law Gazette I no. 95/2010, is prescribed:
§ 1 (1) are subject to this regulation products that - only or not exclusively - designed or are designed to be used by children under 14 years of age to play (toys in accordance with § 3 No. 7 lit. e LMSVG).
(2) the products listed in annex 1 are not considered toys under this regulation.
(3) this regulation does not apply to the following toys: 1 playground equipment for public use, 2 slot machines, whether coin operated or not, for public use, 3. with internal combustion engines equipped toy vehicles, toy steam engine 4. and 5. slings and catapults.
§ 2. Following definitions shall apply to this Regulation: 1. 'manufacturer': any natural or legal person who manufactures a toy or develop or manufactured and markets that toy under his name or trademark;
2. "authorised representative": is every resident within the European Union, natural or legal person, in writing, appointed by a manufacturer to perceive certain tasks on his behalf;
3. "Importer": is any natural or legal person who brings a toy from a third country in the European Union for the first time in traffic.
4. 'Dealer': is any natural or legal person in the supply chain that brings a toy on the market, with the exception of the manufacturer or the importer;
5. 'Competent authority': the Governor pursuant to § 24 is LMSVG.
6. 'harmonised standard': is a standard created by a recognized European standardization body;
7 "Conformity assessment": the procedure of evaluation is whether specific requirements for a toy have; been fulfilled
8 "Conformity assessment body": is a body, the conformity assessment activities including calibration, testing, certifications and inspections performs;
9 "Callback": any measure aimed at achieving the return of a toy already with the end user.
10 'Withdrawal': is any measure, that is, to prevent bringing a toy in the supply chain in traffic;
11 'CE marking': those marking by which the manufacturer declares that the product complies with the applicable requirements;
12 "functional product": a product that works and is used as a product, in the same manner is a device or a system for use by adults are intended, and where is a scale model of the small one such product or device or a such system can; be
13 "functional toy": is a toy that same functions meets and so used as a product, device or a device, intended to be used for adults, and where it is to a scale model of the small one such product or device or an institution of such act;
14 "Water toys": a toy which is intended for use in shallow water and is designed to carry a child on the water or over water to keep;
15 "design speed": is the representative operating speed that can reach a toy due to its construction
16 "Activity toy": a toy to use in the household, whose supporting structure remains stationary during the activity and which is intended for the following activities of children: climbing, jumping, swings, slides, swings, turning, creeping or crawling or a combination of these activities;
17 "chemical toy": a toy which is intended for the direct handling of chemical substances and mixtures and an age-appropriate use under the supervision of an adult;
18 "Board game for the sense of smell": is a toy, the purpose of which is to help a child to learn the detection of different smells or fragrances;
19 "Vanity cases": is a toy, the purpose of which is to help children to make products such as perfumes, soaps, creams, shampoos, bath foams, lip gloss pencils, lipsticks, make-up, toothpaste and Hair Conditioner;
20 "game for the sense of taste": is a toy, the purpose of which is, that children; produce sweets or other dishes using food ingredients such as sweeteners, liquids, powders and flavourings
21 'Damage': is a physical injury or any other damage to health, even long-term nature;
22 'Danger': is the possible cause of damage.
23 'Risk': is the probability of a threat that caused damage and the severity of the damage.
24 "for use by... definitely": expressing that parents or guardians on the basis of the functions, dimensions and characteristics of a toy can assume reasonably, it is intended for use by children of the specified age group.
3. (1) toys may be placed on the market only if it 1 meets the General requirements for security that's not must endanger the safety or health of users or third parties when used properly or looking ahead to use according to the behavior of children.
The ability of the users and, where appropriate, they are supervising persons taken into account intended for use by children aged less than 36 months or other just certain age groups in particular when such toys are.
2. the special security requirements stated in Appendix 2 meet, 3 in Appendix 5 bears listed warnings and instructions provided with and 4 No. 1029/1994, bearing the CE marking in accordance with the toy labeling regulations, BGBl..
(2) toy, which is not CE-marked or otherwise does not comply with this regulation, may be exhibited at trade fairs and exhibitions, and it can be used, unless a him attached sign clearly indicates that it does not comply with this regulation and that it is only brought in the European Union if it was associated with the requirements of this regulation in accordance.
EC declaration of conformity
§ 4 (1) the manufacturer has to confirm that the requirements pursuant to § 3 paragraph 1 Z 1 and 2 are fulfilled before the initial placing on the market by an EC declaration of conformity.
(2) the EC declaration of conformity contains at least in annex 3 of this regulation and the modules A, B, or C of annex II of decision No. 768/2008/EC on a common regulatory framework for the marketing of products, and repealing Decision 93/465/EEC, OJ No. L 218 of August 13, 2008, specified elements and is kept up to date. The EC declaration of conformity corresponds to the specimen in annex 3 in their construction. She must be in the German language.
Obligations of the manufacturer
§ 5 (1) the manufacturer has to ensure, when he brings the toy for the first time in traffic, that was this designed in accordance with the requirements of § 3 para 1 Nos. 1 and 2 and produced.
(2) the producer has to create the necessary technical documentation in accordance with article 12, paragraph 1 and 2 and carry out conformity assessment procedures to be applied in accordance with section 10, or to perform. Has been proven with this procedure, that the toy complies with the applicable requirements, the manufacturer has to issue the EC declaration of conformity referred to in article 4 and to affix the CE marking in accordance with the toy labelling regulation.
(3) the producer has the EC declaration of conformity according to ten years from the first placing on the market of the toy to keep article 4 and the technical documentation referred to in § 12.
(4) the manufacturer has through appropriate procedures to ensure that compliance for serial production is always ensured. Changes to the design of the toy or its characteristics and changes in the harmonised standards referred to in the Declaration of conformity of a toy will be adequately taken into account.
(5) the manufacturer has, if it is considered in the face of the threats posed by a toy as appropriate to take samples of toys in circulation 1 to protect of the health and safety of consumers, to make 2 checks, if necessary, a list of complaints, of non-conforming products and product recalls to lead 3. and distributors informed of any monitoring to date to hold 4.
(6) the manufacturer has to ensure that his toy is a type, batch, model, or serial number or a different character to his identification, or, where this is not possible due to the size or nature of the toy that the required information on the packaging or in the documents specify the toy.
(7) the manufacturer must ensure that the instructions for use and safety information are attached the toys, which are drafted in the German language.
(8) the manufacturer has the competent authority on its reasoned request to hand over all information and documents in a language, which will be easily understood by that authority and which are necessary to demonstrate the conformity of the toy. The manufacturer has the competent authority at its request with all measures to stave off dangers associated with toys, which he has placed on the market, to cooperate.
6. (1) a manufacturer may nominate in writing a representative.
(2) the obligations pursuant to § 3 para 1 are not part of the job of an agent, and Nos. 1 and 2 and the creation of the technical documentation referred to in § 12 para. 1 and 2.
(3) a representative has to carry out the tasks that are set on behalf of the manufacturer. The order allow the authorised representative to do at least the following: 1. keep the EC declaration of conformity in accordance with article 4 and the technical documentation referred to in § 12 for the competent authority for a period of ten years following the initial placing on the market of the product.
2. on a reasoned request from the competent authority handing of all information and documentation necessary to demonstrate of the conformity of a toy to this authority;
3. at the request of the competent authority cooperation in all activities to the eliminating of hazards associated with toys, that her responsibilities include.
Obligations of the importer
The importer may bring section 7 (1) only compliant toys on the market.
(2) before the importer for the first time brings a toy on the market, he has to ensure that the appropriate conformity assessment was conducted by the manufacturer. He ensures that the manufacturer has created the technical documentation referred to in article 12, paragraph 1 and 2, the toy with the required CE marking is provided that the required documents are attached to him and that the manufacturer has complied with the requirements pursuant to § 5 para 6 and the other label elements in accordance with the toy labelling regulation. An importer considers or has reason to believe that a toy does not match such as 1 or 2 the requirements laid down in article 3, paragraph 1, he must bring this toy not on the market before the conformity of the toy is manufactured. If a hazard associated with the product, the importer shall inform the manufacturer and the competent authority thereof.
(3) the importer must ensure that the instructions for use and safety information are attached the toys, which are drafted in the German language.
(4), while a toy is under his responsibility, the importer shall ensure that the storage or transport conditions do not affect the compliance of the toy with the requirements of § 3 para 1 Nos. 1 and 2.
(5) if he considers it appropriate in the face of the threats posed by a toy, the importer for the protection of the health and safety of consumers 1. has conduct sampling at the toys placed on the market, 2 assess the complaints and, where appropriate, a register of complaints, of non-conforming toys and the toy recalls to lead 3 and to keep 4 distributors informed of such monitoring.
(6) the importer has after the initial placing on the market of the toy for ten years to keep a copy of the EC declaration of conformity in accordance with article 4 the competent authority and to ensure that he can provide the technical documentation referred to in § 12 on request.
(7) the importer has the competent authority on its reasoned request to hand over all information and documents in a language, which will be easily understood by that authority and which are necessary to demonstrate the conformity of the toy. He has with the competent authority at its request with all measures to stave off dangers associated with the toys, which he has placed on the market, to cooperate.
Obligations of the dealer
§ 8 (1) the dealer has the applicable requirements with due care to consider, if he brings a toy on the market.
(2) before he brings a toy on the market, the dealer has to check whether the toys with the required CE marking is provided, whether the necessary documents as well as the instructions and safety information enclosed with him in German language, and whether the manufacturer or importer who has met requirements in accordance with § 5 para 6 and the other label elements in accordance with the toy labelling regulation. A distributor considers or has reason to believe that a toy does not match such as 1 or 2 the requirements laid down in article 3, paragraph 1, he brings this toy only in traffic, after he put it with these requirements in accordance. If a risk is connected with the toy, the dealer has to inform the manufacturer or the importer, as well as the competent authority.
(3) while a toy is under his responsibility, the dealer has to ensure that the storage or transport conditions do not affect the compliance of the product with the requirements pursuant to § 3 para 1 Nos. 1 and 2.
(4) the dealer has the competent authority following a reasoned request to hand over all information and documents, which are necessary to demonstrate the conformity of the toy. He has with the competent authority at its request with all measures to prevent risks connected with a toy that he has placed on the market, to cooperate.
Circumstances under which the obligations of the manufacturer are valid also for the importer and Distributor
§ 9 an importer or a dealer brings toys under their own name or their own brand on the market or importer or dealer change a toy already on the market so that compliance with the requirements of this regulation can be affected, they are considered as manufacturer and are subject to the obligations for manufacturers in accordance with § 5.
§ 10 (1) the manufacturer has an analysis of the chemical, physical, mechanical, electrical before the initial placing on the market of a toy, flammability, hygiene and radioactivity hazards that may arise from the toy, and an assessment of the potential exposure to these hazards.
(2) the producer has, before he brings a toy on the market, through a declaration of conformity in accordance with paragraph 3 or section 11 to prove that the toy meets the requirements pursuant to § 3 para 1 Nos. 1 and 2.
(3) the manufacturer has applied the harmonised standards the reference numbers of which have been published in the official journal of the European Union and covering all relevant safety requirements for the toy, so the manufacturer applies module A to decision No 768/2008/EC the procedures of the internal control of production referred to in annex II.
11. (1) the EC type-examination is the procedure which the manufacturer ensure, that a toy installed by him in traffic meets the requirements pursuant to § 3 para 1 Nos. 1 and 2, if can not be assumed by the application of the procedure of internal production control according to § 10 ABS. 3. It is performed by a conformity assessment body in accordance with article 14, paragraph 1 and 2.
(2) the toy in the following cases the EC type examination in connection with the procedure of conformity to type referred to in annex II module C of decision No 768/2008/EC undergoes: 1 if there are no harmonised standards, the reference numbers of which have been published in the official journal of the European Union and covering all relevant safety requirements for the toy.
2. If the harmonised standards referred to in subpara 1 exists, the manufacturer they not or has only partly applied;
3. If the harmonised standards referred to in subpara 1; released only with a reservation
4. If the manufacturer of the view is that the nature, design, construction or purpose of the toy require a review by a third party.
(3) module is to proceed (B) of decision No 768/2008/EC when the application for the EC type-examination, perform this test and the exhibition of the EC type test certificate according to the procedures of set out in annex II. The EC type-examination is 2 second indent according to the requirements of module B Z.
(4) the request for carrying out 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.
(5) the conformity assessment body assesses the analysis performed by the manufacturer in accordance with section 10, paragraph 1 of the dangers posed by the toys if necessary together with the manufacturer.
(6) EC type test certificate issued by the conformity assessment body has a reference to this regulation, to contain a colour image and a clear description of the toy including its dimensions, as well as a list of the tests performed with a reference to the relevant test report. The EC type test certificate is if necessary at any time to check, in particular changes of the manufacturing process, the raw materials or the components of the toy, but at least every five years.
(7) the conformity assessment body has to withdraw the EC type test certificate, if the toy does not meet the requirements laid down in article 3, paragraph 1 Z 1 or 2.
(8) the technical documentation and correspondence relating to the EC type examination procedures are to write by the conformity assessment body in an easy-to-understand language.
The technical documentation must contain all relevant information about the means with which the manufacturer shall ensure that the toy meets the requirements pursuant to § 3 para 1 Nos. 1 and 2, and in particular the documents indicated in annex 4 section 12 (1).
(2) the producer shall ensure that the technical documentation of the competent authority be presented at their request within a period of 30 days. Are the technical documents, because they were not written by a conformity assessment body in accordance with this regulation, in an official language of the European Union, that to classify is not as easy to understand as the competent authority following a reasoned request may provide within a deadline of 30 days the translation of the relevant parts, if not a shorter deadline is justified because there is a serious and immediate risk.
(3) the manufacturer its obligations under subsection 1 or 2 does not meet, as the competent authority by him may require that he perform a check at its own expense and within a certain period of a conformity assessment body in accordance with § 14, to verify compliance with the harmonised standards and compliance with the requirements pursuant to § 3 para 1 Nos. 1 and 2.
Z. section 13 (1) in the cases where it is appropriate for safe use, 1 and 2 appropriate user limitations referred to in Appendix 5 warnings for the purposes of § 3 para 1 to specify part of A
(2) for the categories of toys listed in annex 5 section B are there given warnings to use. The warnings given in Appendix 5 of part B Z 2 to 10 are used with the wording. The toy must not be equipped with one or more of the specific warnings listed in annex 5 section B, if they contradict the intended use of the toy on the basis of its functions, dimensions and characteristics.
(3) the manufacturer warnings has clearly visible, easily legible, understandable, to bring in the German language and in true form on the toy, a permanently attached label or on the packaging and, if necessary, on the enclosed operating instructions. The appropriate warning on the toy is to install small toys sold without packaging. The warnings begin with the word "Caution". Which is relevant for the decision to purchase a toy warnings, such as specifying the minimum and maximum ages of for users, as well as the other relevant warning notices in accordance with annex 5, shall be indicated on the packaging or have in any other form for the consumer before the purchase clearly, even with an online purchase.
Conformity assessment bodies
Section 14 (1) which may perform conformity assessment, be regarded as that pursuant to § 73 para 2 LMSVG for the investigation and assessment of toy authorized persons, unless they granted the in a in the scope of approval in accordance with § 9 of the accreditation Act - AkkG, Federal Law Gazette No. 468/1992, as last amended by Federal Law Gazette I 85/2002, accredited laboratory No. or made in a laboratory in an another Member or Contracting State of the EU or EEA Member State with this same program accreditation or are contractually bound and in accordance work with the management system of the laboratory.
(2) only conformity assessment bodies which were notified to the European Commission, EC type examination may carry out pursuant to § 11.
(3) authorized persons according to § 73 para 2 LMSVG who intend to carry out conformity assessments, have to make a request for notification of the Federal Ministry of health. There are
1. the authorization pursuant to § 73 para 2 LMSVG,.
2. the accreditation decision, including scope of accreditation, and
3. the insurance to be presented. The independence, impartiality, the exclusion of any interference by third parties and compliance with professional secrecy must also be.
(4) the Federal Ministry of health has to make the notification to the Commission referred to in paragraph 2, if all of the conditions referred to in paragraph 3 are met.
(5) the conformity assessment body is obliged to indicate any substantial change, the Federal Ministry for health 1 which is entitled in the event that the conditions referred to in paragraph 3 are no longer given, to withdraw the notification to the European Commission.
2. any refusal, restriction, suspension or withdrawal of EC type examination certificates indicating the reasons to be communicated.
§ 15. The personal names used in this regulation, the selected form applies to both sexes.
Entry into force and transitional provisions
16. (1) this regulation with July 20, 2011 enter into force. Occurs with the entry into force of this regulation the regulation of toys, BGBl. No. 823/1994, as amended by Federal Law Gazette II No. 245/2003, override.
(2) toy, which is not this regulation, but rather the hitherto applicable provisions, must be placed until July 20, 2011 for the first time on the market and are left up to the dismantling of stocks on the market.
(3) toy, which meets all requirements of this regulation with the exception of the requirements in annex 2 of part III, unless this toy no. 823/1994 fulfils the requirements in annex 2 part II No. 3 of toy regulation, Federal Law Gazette, may to be left to the reduction of stocks on the market, unless it was first placed on the market before 20 July 2013.
§ 17. This regulation is the directive 2009/48/EC, OJ No. L 170 of June 30, 2009, transposed into Austrian law.
List the apply in accordance with this regulation not as toys 1 decorative products, objects for festivities and celebrations, 2. products for collectors, provided on the product or its packaging a visible and legible notice is attached, stating that the product for collectors who are at least 14 years old, is determined. This category includes: a) detailed and faithful scale models, b) kits by original - scale models, c) folklore and decoration dolls and similar products, d) reproductions of historical toys and e) reproductions of real fire arms.
3. sports equipment, including roller skates, inline skates and skateboards for children with a body weight of 20 kg, 4 bicycles with a maximum saddle height of more than 435 mm, measured as the vertical distance from the floor to the upper part of the seat, with the seat in a horizontal position and with the seat in its lowest locking position, scooters and other means of transportation, which is designed as a sports equipment are 5 or are intended for travel on public roads or public pathways , vehicles destined for transport on public roads or streets or on public sidewalks, 7 aquatic equipment intended to be used in deep water and swimming learning devices for children, such as swim seats and swimming AIDS, 8 puzzles with more than 500 parts, 9 guns with compressed gas and pistols with the exception of water guns and pistols and bows for archery over 120 cm long are 6 electric , 10 Fireworks, including percussion caps which are not specifically for toy 11 products selling, and games with pointed projectiles, such as arrow games that use darts with metallic points, 12 functional educational products, such as electric ovens, irons or other functional products, which operated with a nominal voltage exceeding 24 volts and for didactic purposes for use under adult supervision , 13 products that are intended for teaching in schools and in other educational situations under the surveillance of an adult instructor 14 are electronic devices such as personal computers and game consoles to access interactive software and connected peripherals, unless designed electronic devices or the connected peripheral devices not designed for children and for this such as scientific equipment, such as specially designed personal computers, keyboards , Joystick or steering wheels, 15 interactive software which can be kept for leisure and entertainment, such as computer games and their storage media (as CDs), 16 dummy, 17, of children for toys, 18 electrical transformers for toys, 19 fashion accessories for kids, are not intended as a toy.
The required mechanical strength and, where appropriate, the necessary safety have special safety requirements I. physical and mechanical properties 1 toys and parts thereof and fortified toys whose fastening must to withstand stresses during their use, without the risk of personal injury due to breakage or deformation.
Accessible corners, protruding parts, ropes, cables and mounts a toy are to design and manufacture that the risk of injury when their contact is as low as possible.
3. toys is to design and manufacture that it carries no risk or only the minimum risk generally associated with the use of the toy through the movement of certain parts.
4. a) toys and their parts must bear the risk of strangulation.
b) toys and their parts must exclude the risk of suffocation, which is produced by a disruption of the respiratory air flow due to a blockage of the airway outside the mouth and nose area.
(c) toys and their parts must have no dimensions, which include the risk of asphyxiation by an interruption of the air flow by blocking the inner Airways by objects which are stuck in mouth or throat or stuck at the entrance to the lower Airways.
(d) toy, which is obviously intended for use by children under 36 months, its components and its removable parts must so be large that they can be swallowed or inhaled. This also applies to other toys which is intended to be taken, as well as for its components in the mouth and detachable parts.
(e) when packed in the toy retailing concluded the risk of strangulation or suffocation due to a blockage of the airway outside the mouth and nose area must be excluded.
Toys f) in food or co-mingled offered together with a food must be equipped with an own packaging. This packaging must be so great in their delivery state that she may be swallowed or inhaled.
g) toy packaging in accordance with letter. e and f, which are spherical in shape, egg-shaped or elliptical, and detachable parts of such packaging or of cylindrical toy packaging with rounded ends, these dimensions must have, that not can cause a blockage of the respiratory tract, is stuck in mouth or throat or stuck at the entrance to the lower Airways remain.
h) toy that is so connected that the food must be eaten only in order to make the toys available, with a food is forbidden. Parts of toys which are directly attached to a food, must in the lit. meet the requirements referred to in c and d.
5. water toys is to design and manufacture that the risk of a decline in the buoyancy of the toy and the offered the child stop if the use type that is recommended for the toy is as low as possible.
6 toys, there is access to its inner and thus forming an enclosed space for the user, must have an output the intended users can open easily from the inside.
7 toys conferring mobility its users, is to provide customized brakes that are appropriate to the kinetic energy of the toy with the type of toy. This device can be used easily and without the risk that they cause spin case, or without the risk of other harmful effects for users or third parties, by the users. The maximum design speed of electrically driven ride-on vehicles must be limited so that the risk of injury is as low as possible.
8 form and development of projectiles and the kinetic energy that can develop them at the launch by a toy for this planned, are to be selected so that no danger of injury will result for the user of the toy or for third parties, taking into account the nature of the toy.
9 is toy so to establish that a) the highest and lowest temperature is reached by all accessible sides, contact caused no injury, and b) liquids, vapours and gases in the toy no such high temperatures or pressures achieve that in their escape - as far as this escape to the proper functioning of the toy is essential - burns or other personal injury can be caused.
10 toy that is designed to emit a sound, is so designed in relation to the maximum values of impulse noise caused by this toy and continuous noise and to establish that the noise does not damage the hearing of children.
11. activity toys is to establish, that the risk of crushing or crushing of body parts, or the crushing of garments, as well as the risk of falls and impacts and the risk of drowning is kept as low as possible. In particular, any surface of such toys, where a child or several children can play, is so fashion that it can carry the weight of these children.
II. flammability 1. toys must not be in the environment of the child any dangerous flammable object. It must therefore consist of materials to meet one or more of the following conditions: a) in direct exposure to a flame, a spark or other potential ignition source, ignite No.
(b) they are not flammable (i.e. the flame goes out as soon as the fire cause no longer exists).
(c) after they have caught fire, burn slowly and allow only a slow spread of the fire.
(d) irrespective of the toy's chemical composition, they are designed so that they slow down the burning mechanically. Such combustible materials must not constitute any risk of ignition for other toys materials.
2. toys containing substances or mixtures on the basis of characteristics necessary for its use, the criteria for the classification pursuant to Annex B Z 1 meet, in particular materials and equipment for Chemistry experiments, model making, modelling pastes for plastic or ceramic, enamelling, and photographic and similar work, can any substances or mixtures containing loss not flammable components are flammable.
3. toys other than percussion caps for use in accordance with article 3, paragraph 1, neither explosive be Z 1 do containing explosive parts or substances.
4. toys, in particular, chemical games and toys, must not substances or mixtures include: a) which; either explode through chemical reactions or heating in mixed state
b) which can explode by mixing with oxidising (oxidising) substances or c) contain volatile and flammable air connections, which can form flammable or explosive mixtures with air.
III. chemical properties 1 toy is to design and produce that's not can harm the human health in the case of exposure to the chemical substances or mixtures of which it consists, Z 1 for use in accordance with article 3, paragraph 1. Toys must comply with the relevant legislation for certain groups of products or restrictions for certain substances and mixtures.
2. toys which it is even to substances or mixtures must also) the chemicals regulation 1999 - chemo, Federal Law Gazette II No. 81/2000, as last amended by Federal Law Gazette II No. 186/2002, b) the chemicals Act 1996 - ChemG 1996, Federal Law Gazette I no. 53/1997, as last amended by Federal Law Gazette I no. 88/2009, and c) of Regulation (EC) no 1272/2008 on 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 No. L 353 of 31 December 2008 - if applicable - comply with amended, as regards the classification, packaging and labelling of certain substances and mixtures.
3. without prejudice to the restrictions referred to in subpara 1 second sentence substances no., 1272/2008, as carcinogenic, mutagenic or toxic for reproduction (CMR) category 1A, 1B or 2 were classified in accordance with Regulation (EC), are not allowed in toys, toy components or distinguishable due to its micro-structure components of toys.
4. by way of derogation from Z 3 substances or mixtures classified as CMR of categories referred to in Annex B No. 3 in toys, may be used in toy components or distinguishable due to its micro structure toy components under one or more of the following conditions: a) these substances and mixtures are contained in individual concentrations that correspond to the relevant concentrations laid down in the relevant legislation , in Annex B Z 2 for the classification of mixtures containing these substances, referenced, or that are smaller than this.
(b) these substances and mixtures are accessible in any form for children, also not through inhalation, using the toys, such as in article 3, paragraph 1 specified; Z 1
(c) there was a decision in accordance with article 46 (3) of Directive 2009/48/EC on the safety of toys, OJ No. L 170 of June 30, 2009, taken to allow the substance or the mixture, as well as its use, and the substance or mixture and the permitted uses were listed in Appendix A.
By way of derogation from Z 3 substances or mixtures classified as CMR of categories referred to in Annex B Z 4 in toys, may be used in components of toys or distinguishable due to its micro structure toy components under the following conditions: a) these substances and mixtures are contained in individual concentrations that correspond to the relevant concentrations laid down in the legislation in Appendix B Z 2 for the classification of mixtures , which contain these substances, referenced, or that are smaller than this. or b) these substances and mixtures are accessible in any form for children, also not through inhalation, using the toys, such as in article 3, paragraph 1 specified; Z 1 or c) it was taken a decision in accordance with article 46 (3) of Directive 2009/48/EC to allow the substance or the mixture, as well as its use, and the substance or mixture and the permitted uses were cited in Appendix A.
6. the Nos. 3, 4 and 5 do not apply to nickel in stainless steel.
7. the Nos. 3, 4 and 5 shall not apply to materials that comply with the specific limit values laid down in Annex C, or until such provisions have been set, are however not longer than up to the 20th July 2017 for materials that 1935/2004 on materials and articles, which intended no. the provisions for materials that come into contact with foodstuffs, in accordance with Regulation (EC) , to come into contact with food and repealing directives 80/590/EEC and 89/109/EEC, OJ No. L 338 of November 13, 2004, amended, and the related special measures for particular materials will be covered and this match.
8. without prejudice to the application of the Nos. 3 and 4, nitrosamines and nitrosable substances in toys may be used, which is intended for use by children under 36 months or in toys that are put in the mouth, when the migration of the substances is equivalent to 0.05 mg / kg for nitrosamines and 1 mg / kg for nitrosable substances or this salary exceeds.
9 cosmetic toys, such as dolls makeup needs as regards the composition and labelling of cosmetics regulation, Federal Law Gazette II No. 375/1999, as last amended by Federal Law Gazette II No. 291/2010, and the cosmetic labeling regulations, BGBl. No. 891/1993, last amended by Federal Law Gazette II No. 28/2005, correspond.
10 toy shall contain any of the following allergenic fragrances:
Designation of the allergenic fragrance
Elecampane root oil (Inula helenium)
2,4-dihydroxy-3 - Methylbenzaldehyde
Ficus carica (fig leaves), fresh and preparations
Costuswurzelöl (Saussurea lappa Clarke)
Peru balsam, crude (exudation of Myroxylon pereirae (Royle) Klotzsch)
3, 6, 10-trimethyl-3-5, 9-undecatrien-2-one
Verbena oil (Lippia citriodora Kunth)
Musk ambrette (4-tert-butyl-3-methoxy-2,6 dinitrotoluene)
Amyl Cinnamic aldehyde
Oak Moss extract
Tree Moss extract
90028-67-4 but can exist traces of these fragrances, insofar as this is technically unavoidable even in compliance with good manufacturing practice and does not exceed 100 mg / kg.
In addition, the names of the following allergenic specify fragrances on the toy, a label attached, packaging or an accompanying sheet, if a toy at concentrations greater than 100 mg / kg in the toys or parts thereof which are used to:
Designation of the allergenic fragrance
The use of fragrances, that first paragraph cited list are included in Z 10 in points 41 to 55, as well as fragrances, which are, in paragraphs 1 to 11 of 10 third paragraph of this number listed list included in Z are in board games for the sense of smell, allows cosmetic cases and play for the sense of taste, if a) these fragrances clearly on the packaging are characterized and on the packaging of the warning referred to in Appendix 5 of part B Z 10 b), where appropriate, products produced from the child according to the instruction manual meeting the requirements of the cosmetics directive, and c) these fragrances are, where appropriate, with the relevant legislation on food in line. Such board games for the sense of smell, cosmetic cases, and games for the sense of taste may not be used by children under 36 months and must comply with annex 5 part B Z 1.
12. without prejudice to the Nos. 3, 4 and 5, the following migration limits shall not be exceeded by toys or components of toys:
in dry, brittle, dust-shaped or smooth toy materials
in liquid or sticky toy material
mg/kg in shabby toy materials
Organo tin compounds
These limits do not apply to toys or toy parts 46 000, the use referred to in article 3, paragraph 1 No. 1 by his / her accessibility, his / their function, be / clearly excludes their volume or his or her mass any threat by sucking, licking, swallowing or prolonged skin contact / exclude.
IV. electrical properties 1.
Electric toys the nominal voltage must exceed a maximum 24 volts DC or the equivalent AC voltage and 24 volts DC or the equivalent AC voltage may be exceeded in any accessible part. The inner voltage may exceed 24 volts DC or the equivalent AC voltage only, if it is ensured that the combination of voltage and amperage constitutes no risk even with defective toys or caused no harmful electric shock.
2. parts of toys which are connected to a power source, which can cause an electric shock, or may come with such contact as well as cable and other conductors, power is fed through the these parts, must be well insulated and mechanically protected to prevent the risk of electric shock.
3. electric toys is to design and manufacture all directly accessible exterior surfaces to reach any temperatures that cause burns when touched.
4 of foreseeable error conditions, toys must provide protection against electrical hazards arising from a power source.
5. electric toys must provide adequate protection against fire hazards.
Electric toy is to design and manufacture that electric, magnetic and electromagnetic fields and other radiations generated by the equipment should be limited to the amount necessary for the operation of the toy; In addition, toys must be safely operated according to the generally recognised State of the art and the relevant legislation of the Union.
7. toys with an electronic control system is to design and to manufacture, that it can be operated even then sure, when it comes to the electronic system malfunctions, or if this itself or due to external influences fails due to a defect in him.
8 toys is to design and manufacture that no health hazards or risks of injury emanating from him to eyes or skin from lasers, light-emitting diodes (LED) or other types of radiation.
9. the transformer for electric toys should form no part of the toy.
V. hygiene 1 is toy to make and to establish that it meets the requirements of hygiene and cleanliness to avoid any infection, disease or risk of contamination.
2. toy which is intended for use by children under 36 months, is to design and to manufacture, that it can be cleaned. Textile toys must be washable for this purpose unless it contains a mechanism, which could be damaged if it is soaked. The toy must meet the safety requirements also after cleaning in accordance with this section and the instructions of the manufacturer.
VI. radioactivity toys must include all relevant in the context of chapter III of the Treaty establishing the European Atomic Energy Community adopted legislation.
Annex 2, Appendix A
List of CMR substances and their permitted uses in annex 2 part III Nos. 4, 5 and 6
from stainless steel plant 2, Appendix B
No. 1272/2008 there are classification of substances and mixtures because of the timetable for the implementation of Regulation (EC) equivalent ways of the reference to a specific classification, which are to use at different times.
Criteria for the classification of substances and mixtures for the purposes of part II annex 2 Z 2 A. criteria applied by July 20, 2011 until May 31, 2015:
Materials the substance meets the criteria for one of the following in annex I of to Regulation (EC) no 1272 / 2008 listed hazard classes or categories: 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, as well as the development, 3.8 other than narcotic effects, 3.9 and 3.10;
c) hazard class 4.1;
(d) hazard class 5.1).
The mixture is dangerous in terms of the Chemicals Ordinance 1999 mixtures.
Criterion applicable from 1 June 2015: the substance or mixture meets the criteria for one of the following in annex I of to Regulation (EC) no 1272 / 2008 listed hazard classes or categories: 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, as well as the development, 3.8 other than narcotic effects, 3.9 and 3.10;
c) hazard class 4.1;
(d) hazard class 5.1).
Legislation, that the use of certain substances for the purposes of annex 2 part III No. 4 lit. a and Z 5 lit. a concern by July 20, 2011 until 31 May 2015 are the values set on the basis of the chemicals Act 1996 for the classification of mixtures containing the respective material, relevant concentrations.
From 1 June 2015 the are for the classification of mixtures containing the respective material, relevant concentrations on the basis of Regulation (EC) No. 1272/2008 set values.
Categories of substances and mixtures, which for the purposes of annex 2 part III No. 4 as carcinogenic, mutagenic or (CMR toxic for reproduction) are classified
Substances annex 2 part III Z 4 applies to substances which number are classified as CMR of category 1A or 1B on the basis of Regulation (EC) 1272/2008.
Mixtures of July 20, 2011 to May 31, 2015 is annex 2 No. 4 for mixtures which are classified as CMR of category 1 or 2 if applicable - on the basis of the chemicals Act of 1996 and the chemicals regulation 1999 - part III.
From 1 June 2015, Appendix 2 applies part II No. 4 for mixtures which number are classified as CMR of category 1A or 1B on the basis of Regulation (EC) 1272/2008.
Categories of substances and mixtures, which for the purposes of annex 2 part III Z 5 as carcinogenic, mutagenic or (CMR toxic for reproduction) are classified
Substances annex 2 part III Z 5 applies to substances which number are classified as CMR of category 2 on the basis of Regulation (EC) 1272/2008.
Mixtures of July 20, 2011 to May 31, 2015 is Appendix 2 Z 5 for mixtures which are classified as CMR of category 3 as applicable - on the basis of the chemicals Act of 1996 and the chemicals regulation - part III.
From 1 June 2015, Appendix 2 applies Z 5 for mixtures which number are classified as CMR of category 2 on the basis of Regulation (EC) 1272/2008 part III.
Categories of substances and mixtures, the for the purposes of article 46 paragraph 3 directive 2009/48/EC, as carcinogenic, mutagenic or (CMR toxic for reproduction) are classified
Substances article 46 paragraph 3 directive 2009/48/EC shall apply to substances, no. 1272/2008 classified as CMR of category 1A, 1B or 2 on the basis of Regulation (EC).
Article 46 (3) of Directive 2009/48/EC applies to mixtures which are classified as CMR of category 1, 2 or 3 if applicable - of the chemicals Act of 1996 and the chemicals regulation 1999 - mixtures of July 20, 2011 up to 31 May 2015.
From 1 June 2015, article 46 2009/48/EC (3) of the directive applies mixtures, which number are classified as CMR of category 1A or 1B or 2 on the basis of Regulation (EC) 1272/2008.
Annex 2, Appendix C
Specific limit values for chemicals used in toys that is intended for use by children under 36 months or in other toys that are intended to be put in the mouth
EC declaration of conformity 1 No.... (unique identification of the toy(s)))
2. name and address of the manufacturer or his authorised representative: 3. the manufacturer bears sole responsibility for issuing this Declaration of conformity: 4. subject to the Declaration of (name of the toy for the purpose of traceability). It contains a sufficiently clear color picture, where the toy is visible.
5. the object of declaration described in no. 4 complies with the relevant legal provisions: 6 specifying of the relevant harmonised standards have been applied, or reference to the specifications for which conformity is declared: 7 if necessary: the conformity assessment body (name, identification number)... has... (Description of measure)... and following certificate issued: 8 additional information: signed for and on behalf of: (place and date of issue) (name, function) (signature) Annex 4
Technical documentation the technical documentation referred to in § 12 include in particular the following, if relevant for the evaluation: a) a detailed description of design and manufacture, including a list of the components used in the toys and materials, as well as the safety data sheets for used chemical substances (available from the suppliers);
(b) the Sicherheitsbeurteilung(en); in accordance with article 10, paragraph 1
(c) a description of the applied conformity assessment procedure;
(d) a copy of the EC declaration of conformity;
(e) the address of the places of manufacture and storage;
(f) a copy of the documents that the manufacturer has submitted a notified body, where appropriate, involved.
(g) reports and a description of the means that the manufacturer ensures conformity of production with the harmonised standards if the manufacturer; went through the procedure of internal production control according to § 10 ABS. 3 and h) a copy of the EC type test certificate, a description of the means that the manufacturer ensures conformity of production with the type as described in the EC type test certificate, and a copy of the documents the manufacturer has submitted the conformity assessment body, if the manufacturer in accordance with § 11 para. 2 subjected the toy to the procedures of the EC type-examination and undergo the procedure of conformity to type.
General warnings the user limitations referred to in article 13, paragraph 1 include at least the minimum or maximum age of the user and, where appropriate, the skills required of the user, the maximum or minimum weight of the user, and the note that the toy under adult supervision must be used.
Special warnings and precautions for using certain categories of toys
Toy that is not intended for use by children under 36 months
Toys that might be dangerous for children under 36 months of age shall bear a warning, for example: 'not suitable for children under 36 months of age. "or"not suitable for children under three years of age. "or a warning in the form shown below: these warnings must be supplemented by a short note - which may emerge from the instruction manual - on the special dangers that require this precaution.
This number does not apply to toys which may be determined on the basis of its function, its dimensions, its characteristics and properties or for other compelling reasons quite obviously not for children under 36 months.
Activity toys activity toys shall bear the following warning: "only for domestic use."
Instructions for use shall be accompanied, where appropriate, activity toy, which is mounted on a frame, as well as other activity toys, in the on the need for a regular inspection and maintenance of the main parts indicated (suspension, fastening, anchoring in the ground, etc.) and to tilt or fall hazard consist in omission of such controls can. Also instructions for a proper installation must be given as well as notes on the parts that Assembly may cause a hazard in false. It is to specify how an even surface for the toys must be designed.
Functional toys functional toys must carry the following warning: "Used under the immediate supervision of an adult."
Instructions for use shall be accompanied beyond him, which contains the instructions for use, as well as the precautions to be observed by the user with the warning that the users failure to their closer consists of the specific hazards, normally with the device or product are linked, their scaled-down model or replica represents the toy. It is also pointed out that this toy out of reach of children under a certain - to set the manufacturer - age must be kept.
Chemical toys without prejudice to the application of the provisions envisaged in the Union legislation on the classification, packaging and labelling of substances and mixtures, refers to the instruction manual for the toy, the inherently dangerous substances or mixtures containing hazards associated with the use of the toy, the dangerous nature of these substances or mixtures, as well as the precautions to be observed by the user, thus , to describe the short depending on its type, be turned off. It also you in serious accidents due to the use of this type of toy occur required first aid. It is also pointed out that the toy out of reach of children under a certain age to be determined by the manufacturer must be kept.
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 adult supervision."
Apply mainly as chemical toys: boxes for chemical tests, boxes for plastic shipping cast iron work, miniature workshops for ceramics -, email - and photographic work and similar toys, which leads to a chemical reaction or similar fabric change during use.
Skates, roller skates, inline skates, skateboards, scooters and toy bicycles for children are selling these products as toys, they must carry the following warning: "with protective equipment to use. The road to use."
It is also in the instructions to point out, that the toy with care is to use, as it requires great skill, so that accidents of the user or any third party be avoided by fall or collision. Information to the appropriate protective equipment (helmets, gloves, knee pads, elbow-pads, etc.) are also.
Water toys water toys shall bear the following warning: "use only in shallow water under the supervision of adults."
Toys in food in food toys contained or offered together with a food shall bear following warning: 'toy contains. Recommended supervision by adults."
Imitations of protective masks and helmets imitations of protective masks and helmets must carry the following warning: "This toy does not protect."
Toy, which is supposed by means of cords, straps, elastic bands or straps on cradles, fixed toy that is intended to be attached by means of cords, straps, elastic bands or straps on cradles, cribs or strollers to cribs or strollers, carries following warning on the packaging which is attached permanently to the toy: "in order to prevent possible injury by entanglement ", this toy is to be removed when the child starts to crawl on all fours."
Packaging for fragrances in board games for the sense of smell, cosmetic cases, games for the sense of taste the packaging of fragrances in board games for the sense of smell, cosmetic cases, games for the sense of taste, the in points 41 to 55 of the list in annex 2 part III Z 10 first paragraph stated fragrances as well as in paragraphs 1 to 11 of the list in annex 2 part III Z 10 third paragraph listed fragrances include , must carry the following warning: "Contains fragrances that can trigger allergies".