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The Law On The Safety Of Toys

Original Language Title: Laki lelujen turvallisuudesta

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Law on toy safety

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose of the law

This law implements Directive 2009 /48/EC of the European Parliament and of the Council on toy safety.

ARTICLE 2
Scope

This law applies to products designed or intended for use in games of children under 14 years of age ( Toy ).

However, this law shall not apply to the following toys:

(1) playgrounds for public use;

(2) slot machines for public use;

(3) toy vehicles with internal combustion engines;

4) toy steam engines;

5) lingos and throwing machines.

ARTICLE 3
Restrictions on the scope

Leluna shall not be considered:

(1) decorations for the ceremony;

(2) products intended for collectors, provided that the product or its packaging has a visible and readable indication that it is intended for collectors of at least 14 years of age;

3) sports equipment, including roller skates and skateboards for children weighing more than 20 kg;

(4) bicycles with a maximum saddle height of more than 435 mm measured from the ground to the surface of the upper part of the saddle when the saddle is horizontal and the saddle rod is adjusted to the lowest altitude position;

(5) bicycles, propeller boards and other means of transport intended for use in sport or for use in the area intended for public transport or for transport in general;

(6) vehicles operated by electronic means intended for use in the area intended for public transport or for transport in general;

(7) instruments intended for use in deep water, and for children's bathing education equipment;

8) puzzles with more than 500 pieces;

(9) weapons or pistols using compressed gas, with the exception of water pistols and pistols and more than 120 cm long springs for archery;

(10) fireworks, including nals, which are not specially designed for toys;

(11) products and games with pointy-point throwing tools;

(12) functional educational products sold exclusively for educational purposes and for use under adult supervision;

(13) for educational purposes in schools and in other educational contexts, for products intended for use under the supervision of an adult director;

(14) electrical equipment for use of interactive software and ancillary equipment connected to them, unless electrical equipment and their accessories are specially designed and targeted for children, and intended for use in the field of gambling;

(15) interactive software and their storage media for entertainment and entertainment;

(16) for babies' amusement;

(17) lamps appealing to children;

(18) electric transformers of toys;

19) children's fashion accessories, which are not used in games.

§ 4
Definitions

For the purposes of this law:

(1) Making available on the market The supply of a toy to the European Economic Area for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge;

(2) Placing on the market Making a toy for the first time available on the market for the European Economic Area;

(3) Manufacturer A natural or legal person who manufactures a toy or makes a toy and places it on the market under his name or trademark;

(4) Authorised representative Any natural or legal person established in the European Economic Area who has a written mandate from the manufacturer to perform certain tasks on his behalf;

(5) Importer Any natural or legal person established in the European Economic Area who places a toy imported from outside the European Economic Area into the European Economic Area;

(6) Distributor Any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a toy available on the market in Finland;

(7) The trader Manufacturer, authorised representative, importer and distributor;

(8) Harmonised standard Directive 98 /34/EC of the European Parliament and of the Council on a procedure for the provision of information in the field of technical standards and regulations 6 , a standard adopted by the Commission on the basis of a request from the European Commission;

(9) Conformity assessment The procedure for assessing whether the requirements for a toy have been met;

(10) Conformity assessment body A body to assess whether toys satisfy the requirements imposed on them;

(11) The notified body The conformity assessment body notified in accordance with Article 43;

(12) Recall procedure Any measure designed to bring back or compliance with the toy used by end-users;

(13) Withdrawal from the market Any measure designed to prevent the making available on the market of a toy in the supply chain or to remove the toy from the market;

(14) Ce marking An indication by which the manufacturer demonstrates that the toy complies with the requirements laid down in the European Union harmonisation legislation on the affixing of the marking.

Chapter 2

Obligations of traders

§ 5
The manufacturer's obligation to draw up the technical documentation, to carry out the conformity assessment procedure and to keep the relevant documents

The manufacturer shall design and manufacture a toy to be placed on the market in accordance with the requirements laid down in this Act.

The manufacturer shall draw up the technical documentation, as provided for in Article 42, and shall demonstrate, or assign to any other entity, the conformity of a toy as provided for in Article 36. Where the conformity of a toy is addressed in this procedure, the manufacturer shall draw up the EC declaration of conformity provided for in Article 32 and affix the ce marking to the toy as provided for in Articles 33 and 34.

The manufacturer shall keep the technical documentation and the EC declaration of conformity for 10 years after the toy has been placed on the market.

ARTICLE 6
The manufacturer's responsibility to ensure continued conformity of key production

The manufacturer shall ensure that the toy produced in the series production complies with the requirements. Changes in the design or characteristics of a toy and changes in the harmonised standards with which the toy is insured shall be duly taken into account. In order to protect the health and safety of consumers in order to protect the health and safety of consumers, the manufacturer shall test a sample of the toy marketed. The manufacturer shall examine and keep records of complaints, toys which do not comply with the requirements, and the refund procedures for toys, and shall inform distributors of any results obtained by these measures.

§ 7
The manufacturer's responsibility to ensure the traceability of the toy and to communicate its contact details

The manufacturer shall ensure that the toy is affixed to a type, batch, series or model number or other symbol on the basis of which the toy can be identified, or if this is not possible due to the size or nature of the toy, that the required information is provided The packaging or document accompanying the toy.

The manufacturer shall indicate his name, registered name or trade mark and the address on which he can be reached, either in the toy or on the packaging, or, if this is not possible, in the document accompanying the toy.

§ 8
The manufacturer's obligation to take action, to inform the authority responsible for enforcement of the law, and to cooperate with this authority.

A manufacturer who has reason to believe that a toy that he has placed on the market does not comply with the requirements of this law or any other legislation applicable to a toy shall immediately bring the toy into conformity, withdraw it from the market or Get the end-user to return the toy. Where a toy presents a risk, the manufacturer shall immediately inform the authority responsible for enforcement of this law and shall give details, in particular, of the non-compliance and of all the manufacturer 's The measures taken.

At the reasoned request of the authority responsible for supervising compliance with this law, the manufacturer shall provide all the information and documentation necessary to demonstrate the conformity of the toy. The information shall be provided in Finnish or Swedish or in any other language approved by the Authority. At the request of the manufacturer, the manufacturer shall cooperate with the authority responsible for the enforcement of this law in order to eliminate the risks posed by the toy placed on the market.

§ 9
Authorised representative

The manufacturer may authorise a representative in writing.

The tasks provided for in Article 5 shall not be entrusted to an authorised representative.

Where a manufacturer authorises a representative, he shall be authorised to perform at least the following tasks:

(1) keeping the ec declaration of conformity and technical documentation at the disposal of the authority responsible for the enforcement of this law for a period of ten years after the toy has been placed on the market;

(2) the transmission of all information and documents necessary for demonstrating the conformity of a toy to the authority responsible for supervising compliance with this law, at the reasoned request;

(3) cooperate with the authority responsible for monitoring compliance with this law in any action taken to eliminate the risks posed by toys covered by the mandate of the representative.

ARTICLE 10
The importer's obligation to ensure conformity assessment and technical documentation, and the obligation to inform the manufacturer of the deficiencies

Importers shall place only compliant toys on the European Economic Area market.

Before placing a toy on the market, the importer shall ensure that:

(1) the manufacturer has correctly assessed the conformity of the toy;

(2) the manufacturer has drawn up the technical documentation;

3) the ce marking is affixed to the toy;

(4) the toy is accompanied by the required documents;

(5) the manufacturer has complied with the requirements laid down in Article 7.

If the importer has reason to believe that the toy is not in conformity with the safety requirements laid down in this law or other legislation applicable to the toy, the importer shall not make the toy available on the market until it has been completed Requirements. If the toy presents a risk, the importer shall inform the manufacturer.

ARTICLE 11
Importer's obligation to communicate its own contact details

The importer shall indicate his name, registered trade name or trade mark and address for contacting either the toy or, where this is not possible, on the packaging or in the document accompanying it.

ARTICLE 12
Importer's obligation to check the instructions and warnings of the toy

The importer shall ensure that the toy is accompanied by the necessary instructions and warnings. Language law (423/2003) Provides for the use of languages.

ARTICLE 13
Importer's obligation to ensure the storage and transport conditions of the toy

The importer shall ensure that storage and transport conditions do not endanger the safety of the toy during a period whose toy is his responsibility.

ARTICLE 14
Importer's obligation to test the toy and record complaints

Importer shall, where, in view of the risks posed by the toy, he considers it appropriate to protect the health and safety of consumers, to test a sample of the toy placed on the market. Complaints shall be examined by the importer and, where appropriate, records of complaints, toys which do not comply with the requirements and the refund procedures for toys, and shall inform distributors of all the results of those complaints: Measures have been taken.

§ 15
The importer's obligation to take corrective measures

An importer who has reason to believe that a toy that he has placed on the market does not comply with the requirements of this law or any other legislation applicable to a toy shall immediately bring the toy into conformity, withdraw it from the market or Take the return procedure. In addition, where the importer considers that a toy may pose a risk, it shall without delay inform the authority responsible for enforcement of this law and provide details of the non-conformity and Any corrective measures taken.

ARTICLE 16
The importer's obligation to retain and communicate documents and to cooperate

The importer shall keep a copy of the EC declaration of conformity available to the authority responsible for the enforcement of this law for a period of ten years after the toy is made available on the market and ensure that the technical The documents may be made available on a reasoned request.

Upon a reasoned request from the authority responsible for the enforcement of this law, the importer shall provide all the information and documentation necessary to demonstrate the conformity of the toy. The information shall be provided in Finnish or Swedish or in any other language approved by that authority. The importer shall cooperate on request with a view to eliminating the risks posed by a toy placed on the market with the authority responsible for the enforcement of this law.

§ 17
Obligation of the distributor to ascertain the conformity and documentation of the toy and the obligation to inform the manufacturer or importer of the risk

When making a toy available on the market, the distributor must comply with the due diligence to ensure that the toy complies with the requirements of this law.

Before making a toy available on the market, the distributor shall ensure that the manufacturer has produced the required documents. In addition, the distributor shall ensure that the toy bears the required ce marking and the required instructions and warning markings. The distributor shall also ensure that the manufacturer has complied with the requirements laid down in Article 7 and in Article 11.

Where a distributor has reason to believe that the toy is not in conformity with the general safety requirements of this law or any other legislation applicable to a toy, he shall not make a toy available on the market until it has been met Compliance.

If a toy presents a risk, the distributor shall inform the manufacturer or importer thereof.

ARTICLE 18
Obligation to ensure the storage and transport conditions of the toy

The distributor shall ensure that storage and transport conditions, during which the toy is his responsibility, do not jeopardise the conformity of the toy with the safety requirements laid down in this law.

§ 19
The distributor's responsibility to take corrective action and to provide information and cooperate with the Authority

A distributor who has reason to believe that a toy that he has made available on the market does not comply with the requirements of this law or any other legislation applicable to a toy, must be brought into conformity, removed toys from the market or Take the return procedure. In addition, if a toy presents a risk, the distributor shall, without delay, inform the authority responsible for enforcement of this law and give details of the non-compliance and of all the Corrective measures.

At the reasoned request of the authority responsible for supervising compliance with this law, the distributor shall provide all the information and documentation necessary to demonstrate the conformity of the toy. At the request of that authority, the distributor shall cooperate with it to eliminate the risks posed by toys placed on the market by distributors.

§ 20
Application of the manufacturer's obligations to the importer and distributor

Importers and distributors shall be considered as a manufacturer for the purposes of this law and shall be subject to the same obligations as the manufacturer in accordance with Articles 5 to 8, where they place a toy on the market under their name or trademark or change A toy that has already been placed on the market in a manner that may affect the fulfilment of the applicable requirements.

ARTICLE 21
Information on the supply of a toy to another trader

At the request of the trader, the trader shall provide the authority responsible for the enforcement of this law with a list of the traders who have supplied him with toys and the traders to whom he has supplied him: Toys.

The manufacturer shall be able to provide the information referred to in paragraph 1 for a period of 10 years from the placing on the market of a toy and from the 10 years of other traders to make a toy available on the market.

Chapter 3

Conformity of toys

§ 22
General safety of toys

The toy and the chemicals contained therein must not compromise anyone's safety or health when the toy is used in a intended or foreseeable manner. The warning label attached to the toy and the instructions accompanying it shall draw the attention of the users of the toy and their supervisors to the risks and risks arising from the use of the toy and to the ways in which they are avoided.

A toy placed on the market shall be safe for its foreseeable and normal period of use.

ARTICLE 23
Mechanical and physical characteristics of the toy

The mechanical and physical characteristics of the toy shall be such that the toy does not cause the risk of bodily injury, strangulation, suffocation or drowning, and does not harm the child's hearing.

§ 24
Flagship of the toy

The toy shall not constitute a fire hazard in the child's environment.

ARTICLE 25
Chemical characteristics of the toy

The toy shall be designed and manufactured in such a way that it does not cause adverse effects to human health arising from exposure to the chemical substances or mixtures for which the toy consists of, or Which it contains when toys are used within the meaning of Article 22.

The requirements for substances and mixtures for use in toys and the authorised uses of substances and mixtures are laid down in a chemical (19/04/1989) And European Union legislation.

Article 25 enters into force on 20 July 2013. Toys placed on the market before the entry into force of Article 25 shall apply to the safety of L toys 287/1997 Articles 21 and 22.

§ 26
Electrical characteristics of toy

The electric toy shall be designed and manufactured in such a way that the toy does not present a risk of electric shock, burns, fire or radiation.

§ 27
Hygiene of toys

Toys shall be designed and manufactured in such a way as to meet the required hygiene and purity criteria in order to avoid infection, illness and infection.

A toy for the use of children under the age of 3 must be designed and manufactured in such a way that it can be cleaned. A textile toy intended for the use of such children shall be washed, except where it contains a mechanism which may be damaged in the washing-up. In this case, it must be cleaned by other means.

ARTICLE 28
Lelu radioactivity

The Radiation Act (1892/1991) Lays down requirements for the radioactive radiation of a toy.

§ 29
Safety warnings and instructions for use

The manufacturer shall specify in the warning labels referred to in Article 22 and the instructions for use accompanying the toy, if necessary for the safe use of the toy. Where restrictions are necessary, the manufacturer shall specify at least the minimum or maximum age of the operator and, where applicable, the capacity required by the user, the minimum or maximum weight of the operator, and the need to ensure that the toy Only used under adult supervision.

The manufacturer shall make significant warnings in a clearly visible and easily understandable and indelible manner either to the toy itself, to the ticket attached to the toy or to the packaging and, where appropriate, to the instructions accompanying the toy. A small toy that is sold without packaging shall be accompanied by appropriate warnings. The word "Warning" or "Warnings" should be preceded by a warning. Warnings that have a decisive impact on the toy-purchase decision must be placed on the consumer packaging of the toy by the manufacturer or, by the way, affixed to the toy so that the consumer can read them before buying a toy. This article also applies to toys that are offered for purchase online.

The warnings and the language used in the accompanying instructions for use are provided for in Article 34 of the Language Act.

Moreover, information on toys is provided for in the Act on the Safety of Consumer Products and Consumer Service (2004) And under it.

See: KieliL 423/2003 . On the safety of consumer goods and consumer services 75/2004 Has been repealed by L 920/2011 , which is valid from 1 January 2012.

ARTICLE 30
Assuming the conformity of the toy

A toy complying with the harmonised standards or parts thereof whose references have been published in the Official Journal of the European Union shall be deemed to comply with the standards laid down in this Law. Safety requirements. The Agency shall provide information on references to standards published in a language other than Finnish and Swedish.

ARTICLE 31
Official objection of the harmonised standard

If the authority responsible for the enforcement of this law considers that a harmonised standard is not sufficient to satisfy the safety requirements of its scope in accordance with Article 30, it shall inform the The Ministry of Industry and the Ministry of Industry. The Ministry shall ensure that the matter is referred to the Committee established pursuant to Article 5 of the Directive referred to in Article 4 (8).

ARTICLE 32
EC declaration of conformity

The manufacturer shall draw up an EC declaration of conformity for a toy indicating that compliance with the safety requirements laid down in Articles 22 to 28 has been demonstrated.

The EC declaration of conformity shall include:

1) the unique identification number of the toy;

(2) the name and address of the manufacturer or his authorised representative;

(3) a declaration that the declaration of conformity was issued under the sole responsibility of the manufacturer;

(4) the identification of a toy which allows the traceability of a toy subject to a declaration of conformity and which includes a sufficiently sharp colour for identification;

(5) notice that the toy in question complies with the requirements laid down in this Act;

(6) a reference to the appropriate harmonised standards used, or a reference to the type examination under which the declaration of conformity has been issued;

(7) the contact details of the notified body, where the notified body has been used to support the declaration of conformity, and the information necessary for the identification of the EC type-examination certificate issued by the notified body;

(8) the place and date of the declaration of conformity and the signature and contact details of the notifier.

§ 33
Ce marking

The toy that is made available on the market shall bear the CE marking.

Lelua, bearing the ce marking, shall be kept in conformity with the requirements of this Act. However, this shall not prevent the authority responsible for enforcement of the law from taking the necessary measures if it proves that the toy does not comply with this law or with the provisions adopted pursuant to it.

The general principles of the ce marking are laid down in the Regulation of the European Parliament and of the Council laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93 (EC) No 765/2008 Article 30.

A toy with no ce marking or otherwise not in conformity with this Act may be presented and used in fairs and exhibitions, provided that it is clearly stated that the toy does not necessarily comply with the requirements laid down in this Act And shall not be made available on the market until verification of its conformity is ensured.

§ 34
Affixing the ce marking

The ce marking shall be affixed visibly, legibly and indelibly to the toy, the attached label or its packaging. The ce marking of small toys and toys consisting of small parts may also be affixing to the ticket or to the accompanying leaflet. If this is not technically possible in the case of toys sold for sale, the information shall be affilled to the scaffolding if the sale holder is used as the original packaging of the toys.

If the ce marking does not appear outside the packaging, it shall be affixed to the packaging.

The ce marking shall be affixing before the toy is placed on the market. The CE marking may be accompanied by a pictogram or any other sign of specific risk or use.

Chapter 4

Conformity assessment

ARTICLE 35
Safety assessment before placing a toy on the market

Before placing a toy on the market, the manufacturer shall analyse the hazards associated with chemical, physical, mechanical and electrical properties, as well as the risks related to flammability, hygiene and radioactivity which the toy may cause, and shall assess: Possible child exposure to these hazards.

§ 36
Conformity assessment

Before placing a toy on the market, the manufacturer shall demonstrate in accordance with paragraphs 2 and 3 that the toy complies with the safety requirements set out in Articles 22 to 28.

If the manufacturer has complied with the harmonised standards for which the reference number has been published in the Official Journal of the European Union and which cover all safety requirements of the toy, the manufacturer shall monitor his production as To Decision 768 /2008/EC of the European Parliament and of the Council on a common framework for the holding and repealing Decision 93 /465/EEC.

The toy shall be subject to the EC-type examination in one of the following cases in accordance with the type of conformity procedure set out in Module C of Annex II to the Decision referred to in paragraph 2:

(1) harmonised standards with a reference number published in the Official Journal of the European Union covering all safety requirements of the toy are not;

(2) the harmonised standards referred to in paragraph 2 exist but have not been applied or applied in part by the manufacturer;

(3) the harmonised standards referred to in paragraph 2 or one of them has been published with reservations;

(4) the manufacturer considers the nature, design, structure or purpose of the toy to be subject to verification by an external expert.

ARTICLE 37
EC type-examination

The procedure laid down in module B of Annex II to the Decision referred to in Article 36 (2) shall apply to the application for EC type-examination, to carry out the EC-type examination and to issue an EC type-examination certificate. The EC type examination shall be carried out within the meaning of the second indent of point B 2 of the module. In addition to those provisions, the requirements laid down in Article 36 shall be complied with.

ARTICLE 38
Application for EC type-examination

An application for EC type-examination shall contain a description of the toy and shall indicate the address of the manufacturing site of the toy.

ARTICLE 39
Performance of EC type-examination

Where the notified body carries out an EC type-examination, it shall assess, together with the manufacturer, an analysis of the hazards to which the toy may pose, within the meaning of Article 35 of the manufacturer.

ARTICLE 40
EC type-examination certificate and its revision

The ec type-examination certificate shall include a reference to the Directive referred to in Article 1, a coloured picture and a clear description of the toy, the dimensions of the toy and the list of tests carried out and the reference to each test report. The EC type-examination certificate shall be reviewed if the manufacturing process, raw materials or constituents of the toy are amended and, where appropriate, at other times, and in any case every five years.

Documents and correspondence relating to the type-examination procedure in Finland shall be drawn up in Finnish, Swedish or other language approved by the notified body.

ARTICLE 41
Withdrawal of the ec type-examination certificate

The notified body shall withdraw the EC type-examination certificate if the toy does not comply with the safety requirements laid down in Articles 22 to 28.

ARTICLE 42
Technical documentation

The technical documentation relating to the toy shall contain all information on how the manufacturer has ensured that the toy meets the conditions laid down in Articles 22 to 28 in so far as they are necessary for conformity assessment:

(1) a detailed description of the design and manufacture, including a list of the constituents and materials used in toys, as well as safety data sheets on chemicals used from chemical suppliers;

2) safety assessment carried out in accordance with Article 35;

3) a description of the conformity assessment procedures followed;

(4) a copy of the EC declaration of conformity referred to in Article 32;

(5) the addresses of the manufacturing and storage sites;

(6) copies of the documents supplied by the manufacturer to the notified body if it is involved in the assessment;

(7) test reports and a description of the means by which the manufacturer ensures that production complies with harmonised standards where the manufacturer has complied with the internal control procedure referred to in Article 36; and

(8) a copy of the EC type-examination certificate, a description of the means by which the manufacturer ensures that the production is in conformity with the product type as described in the EC type-examination certificate and copies of the documents supplied by the manufacturer The notified body, where the manufacturer has carried out an EC type-examination pursuant to Article 37 and has complied with the type of conformity procedure referred to in Article 36.

In Finland, the technical documentation must be drawn up in Finnish, Swedish or other language approved by the authority responsible for monitoring compliance with this law. If the technical documentation has been drawn up in a language other than Finnish or Swedish, the manufacturer shall, on a reasoned request from the authority responsible for the enforcement of this law, submit a translation of the Finnish or Swedish translation Documents or parts thereof which are necessary for the enforcement of the law. Where the authority responsible for enforcement of this law requests a translation of the technical documentation or parts thereof from the manufacturer, it may set a deadline of 30 days. This period may be shorter if justified by serious or imminent risk.

If the manufacturer fails to comply with the obligation laid down in paragraphs 1 or 2, the authority responsible for the enforcement of this law may require that the manufacturer, at his own expense, to commission within the time limit set by the Authority To ensure compliance with harmonised standards and essential safety requirements.

Chapter 5

Conformity assessment body

ARTICLE 43
Notification of conformity assessment body

The Ministry of Employment and the Economy shall inform the European Commission of the establishments authorised to carry out the EC type-examination referred to in Article 37. The Ministry shall also inform the European Commission of any relevant changes in the reported information.

Conformity assessment bodies evaluated in Finland the accreditation unit of the safety and chemicals agency ( FINAS accreditation service ). (17/04/99-0)

ARTICLE 44
General requirements for the conformity assessment body

The conformity assessment body shall fulfil the following conditions:

1) the institution must have legal personality;

(2) the institution shall be an independent external expert independent of the organisation and the toy evaluated;

(3) the institution, its senior management and the staff responsible for the assessment of the requirements shall not be the designers, manufacturers, suppliers, installers, purchasers, owners, users or responsible for the maintenance of toys, nor shall they be responsible for the maintenance of toys; Authorised representatives of such a party;

(4) the institution and its staff shall carry out the conformity as reliably as possible, shall have the technical competence required in the specific sector concerned and be independent;

(5) the institution shall be capable of carrying out all the tasks relating to the EC-type examination to be assigned to it in Article 36, for which it has been notified, irrespective of whether the institution carries out the tasks in question itself or whether it is carried out on its behalf and Responsibility.

ARTICLE 45
Operation of the conformity assessment body

The conformity assessment body shall have at its disposal:

(1) adequate staff with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;

(2) descriptions of the procedures under which conformity is assessed in such a way as to ensure the transparency and repeatability of the procedure;

(3) appropriate policies and procedures to distinguish conformity assessment from other activities of the institution;

(4) the procedures under which it carries out its tasks in such a way as to take due account of the size, scope and structure of undertakings, the technical complexity of toys and the question of mass or serial production.

The conformity assessment body shall have the necessary conditions for carrying out the technical and administrative tasks necessary for the proper management of the assessment and shall have the possibility to use all necessary Equipment and equipment.

ARTICLE 46
Requirements for the corresponding person in conformity assessment body

The person responsible for assessing conformity shall have:

(1) sound technical and vocational training covering conformity assessment in the field for which the conformity assessment body has been notified;

(2) adequate information on the assessment requirements and adequate powers for such assessments;

(3) appropriate knowledge and understanding of the essential requirements, applicable harmonised standards and relevant provisions of EU legislation and implementing rules;

(4) the ability to draw up certificates, documents and reports demonstrating that the evaluations have been carried out.

§ 47
Independence of the conformity assessment body

The conformity assessment body, its top management and evaluation staff shall be objective. The remuneration of the senior management and assessment staff of the conformity assessment body shall not depend on the number of assessments carried out or on the results.

ARTICLE 48
Obligation of the conformity assessment body to take out liability insurance

The conformity assessment body shall have liability insurance.

ARTICLE 49
Provision of information relating to the functioning of the conformity assessment body to the authorities

The staff of the conformity assessment body shall, notwithstanding the confidentiality of the information, provide information on the operation of the institution to the authorities responsible for supervising compliance with this law.

§ 50
The conformity assessment body's obligation to participate in standardisation activities and the work of the notified body coordination group

The conformity assessment body shall participate in the relevant standardisation activities and in the work of the notified body for the coordination of notified bodies established pursuant to Article 38 of that Directive. The institution shall ensure that its assessment personnel are informed about standardisation and the work of the Coordination Group. The administrative decisions and documents of the Coordination Group shall be carried out in the evaluation work.

ARTICLE 51
The presumption of the assessment body

Where the conformity assessment body demonstrates that it is in accordance with the conditions laid down in the relevant harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, it shall be presumed Satisfy the requirements of the standards laid down in this Act.

ARTICLE 52
Formal objection from the assessment body standard

Where the authority responsible for the enforcement of this law considers that the standard referred to in Article 51 is not sufficient to comply with the requirements of its scope, Article 31 shall apply.

ARTICLE 53
General obligations of the conformity assessment body

The notified body shall assess compliance as provided for in Article 36.

Conformity assessment shall be carried out in such a way as to avoid any unnecessary burden on traders. When assessing conformity, account shall be taken of the size of the undertaking, the sector, the structure, the technical complexity of the toy concerned and whether it is mass or serial production. The conformity assessment shall be carried out with sufficient accuracy to ensure that the toy complies with the requirements of this law.

ARTICLE 54
Failure to issue an EC type-examination certificate and its withdrawal

If the notified body finds that the manufacturer has not ensured that the toy meets the requirements laid down in Articles 22 to 28 or equivalent harmonised standards, it shall require the manufacturer to remedy the situation and shall not: An EC type-examination certificate.

Where the notified body considers, in the context of the verification of conformity with the EC type-examination certificate, that the toy no longer complies with the requirements, it shall require the manufacturer to remedy the situation and, if necessary, withdraw the Temporary or complete validity of the EC type-examination certificate.

Where the situation is not remedied or the measures are not affected, the notified body shall, as appropriate, restrict or suspend the EC type-examination certificate or withdraw it.

ARTICLE 55
The conformity assessment body's obligation to provide information

The notified body shall inform the Ministry of Employment and the Economy of the following:

(1) refusal or restriction of EC-type examination or suspension or withdrawal of the validity of the certificate issued;

(2) circumstances which affect the scope and conditions of the notified body's conformity assessment activity;

(3) requests for information on conformity assessment activities that it has received from the supervisory authority responsible for monitoring compliance with this law;

(4) upon request, conformity assessment activities performed in the field of activity of the notified body concerned and any other activities carried out, including cross-border activities and subcontracting.

The notified body shall provide the other notified bodies carrying out the same conformity assessment activities pursuant to the Directive referred to in Article 1 and covering the same toys, relevant information on matters relating to: The negative results of the conformity assessment and, at the request, positive results.

Chapter 6

Enforcement of law

ARTICLE 56
Law enforcement authorities

Compliance with this law is monitored by the authorities referred to in Articles 8 to 11 of the Act on the Safety of Consumer Products and Consumer Services.

L security of consumer goods and consumer services 75/2004 Has been repealed by L 920/2011 , which is valid from 1 January 2012.

ARTICLE 57
Control of toys safety

The safety of toys is governed by the law on the safety of consumer goods and consumer services. The authorities responsible for enforcing the law must take due account of the precautionary principle.

L security of consumer goods and consumer services 75/2004 Has been repealed by L 920/2011 , which is valid from 1 January 2012.

ARTICLE 58
Order to the notified body

Where the authority responsible for the supervision of this law finds that the toy does not comply with the safety requirements set out in Articles 22 to 28, it may, where appropriate, order the notified body to withdraw the validity of the EC type-examination certificate for that toy.

In situations where the manufacturing process, raw materials or constituents of a toy are amended, the authority responsible for monitoring compliance with this law shall provide that the notified body checks the EC type-examination certificate.

ARTICLE 59
Notifications of risk-causing toys

The obligation of the authority responsible for monitoring compliance with this law to inform the European Commission of information on the market surveillance of certain products posing a risk is regulated by the market surveillance of certain risk products. Of the Law on the notification to the European Commission (1197/2009) .

ARTICLE 60
Measures by the authority responsible for enforcement of the law in the event of formal non-compliance

The authority responsible for supervising compliance with this law shall require the trader concerned to correct the non-conformity if it finds that:

(1) the ce marking has been affixed in breach of Article 33 or 34;

(2) the ce marking is not affixed;

(3) the ec declaration of conformity referred to in Article 32 has not been drawn up or is not in accordance with Article 32;

(4) technical documentation is not available or incomplete.

Where the non-compliance referred to in paragraph 1 continues, the authority responsible for the enforcement of this law shall take all necessary measures to restrict or prohibit the placing on the market of a toy, or Ensure that the refund procedure for the toy is organised or the toy is withdrawn from the market.

Chapter 7

Outstanding provisions

ARTICLE 61
More detailed provisions

The decree of the Council of State lays down specific safety requirements for mechanical and physical characteristics, flammability, chemical properties and electrical properties of a toy, as well as specific warning labels for certain types of toys.

The Regulation of the Ministry of Employment and the Economy provides for allergenic fragrances whose use in toys is prohibited, allergenic fragrances, the use of which has to be indicated on a toy or a label on its packaging and of certain Limit values for migration of substances and mixtures.

See: On certain chemical requirements for toys 1352/2011 , which entered into force on 20 July 2013.

Chapter 8

Entry and transitional provisions

§ 62
Entry into force and transitional provisions

This Act shall enter into force on 1 January 2012. However, Article 25 shall enter into force on 20 July 2013.

This law repeals the law on toy safety (187/1997) . However, Articles 21 and 22 shall apply to toys placed on the market before the entry into force of Article 25 of this Law.

Toys placed on the market before the entry into force of this Act shall be subject to the provisions in force upon entry into force of this Act.

THEY 14/2011 , TaVM 3/2011, EV 12/2011, Directive 2009 /48/EC of the European Parliament and of the Council (32011L0048) OJ L 170, 30.6.2009, p. 1

Entry into force and application of amending acts:

7.11.2014/909:

This Act shall enter into force on 1 January 2015.

THEY 163/2014 , TaVM 15/2014, EV 115/2014