Second Regulation on the Equipment and Product Safety Act (toys) (2). GPSGV)

Unofficial table of contents

2. GPSGV

Date of completion: 07.07.2011

Full quote:

" Second Regulation on the Equipment and Product Safety Act (Ordination on the Safety of Toys) of 7 July 2011 (BGBl. I p. 1350, 1470) "

*)

This Regulation shall be used for implementation

1.

Council Directive 88 /378/EEC of 3 May 1988 on the approximation of the laws of the Member States relating to the safety of toys (OJ L 327, 1.8.1988, p. 1), which was last amended by Article 2 of Directive 2008 /112/EC of the European Parliament and of the Council (OJ L 327, 22.12.2008, p. OJ L 345, 23.12.2008, p.68),

2.

Directive 2009 /48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 177, 30.6.2009, p. OJ L 170, 30.6.2009, p. 1).

Footnote

(+ + + Text certificate from 20.7.2011 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 48/2009 (CELEX Nr: 32009L0048) 
 EWGRL 378/88 (CELEX Nr: 31988L0378) + + +) 

  

Unofficial table of contents

Input formula

On the basis of § 3 (1) of the Equipment and Product Safety Act of 6 January 2004 (BGBl. 2) in conjunction with Section 1 of the Jurisdiction Adjustment Act of 16 August 2002 (BGBl. I p. 3165) and the organization decree of 22 November 2005 (BGBl. 3197), the Federal Ministry of Economics and Technology, after consulting the Committee on Technical Labour and Consumer Products, and in agreement with the Federal Ministry of Food, Agriculture and Food, Consumer protection, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, the Federal Ministry of Defence and the Federal Ministry of Transport, Building and Urban Development: Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply where toys are made available on the market. (2) The toys listed in Annex I to Directive 2009 /48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 327, 30.4.2009, p. 1) shall not be considered as toys within the meaning of this Regulation. (3) This Regulation shall not apply to the following toys:

1.

Playground equipment for public use,

2.

Slot machines, coin operated and non-coin operated, if they are not used exclusively for private purposes,

3.

Toy vehicles equipped with internal combustion engines,

4.

Toy steam engines and

5.

Skidding and twins.

(4) In particular § 30 of the Food and Feed Code and § 105 of the Radiation Protection Ordinance as well as the special requirements for the use of certain substances in toys according to § 5 of the Electrical and Electronic Law remain unaffected.

Footnote

Section 1 (4) italics: Should the correct "Electrical and Electronic Equipment Act" be Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation

1.

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

2.

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

3.

Provision shall be made available on the market of any supply of a toy for distribution, consumption or use on the market of the European Union in the course of a business activity, whether in return for payment or free of charge;

4.

is an authorised representative of any natural or legal person established within the European Union who has written to the manufacturer in writing to carry out certain tasks on his behalf;

5.

A toy for the sense of smell is a toy whose purpose is to help children to learn how to recognise different smells or scents;

6.

CE marking is the marking by which the manufacturer declares that the product complies with the applicable requirements laid down in the EU harmonisation legislation on its affixing;

7.

Chemical toy is a toy intended for the direct use of chemical substances and mixtures when used in an age-old manner under the supervision of adults;

8.

Importer shall be the importer of any natural or legal person established in the European Union who places a toy on the market from a State which is not a member of the European Economic Area;

9.

the functional product is a product which functions in the same way as a product, a device or an installation, which is intended for use by adults for use; it may be a true-to-scale product the small model of such a product or device, or any such apparatus;

10.

A functional toy is a toy which fulfils the same functions and is used in the same way as a product, a device, or a device intended for use for adults. This may be a true-to-scale model of such a product or device, or a device of this type;

11.

the risk is the potential cause of damage;

12.

Dealers shall be any natural or legal person in the supply chain which provides a toy on the market, with the exception of the manufacturer and the importer;

13.

the harmonised standard is a standard which is one of the standards laid down in Annex I to Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of the rules for information society services (OJ C 327, 22.4. OJ L 204, 21.7.1998, p. 37), as last amended by Council Directive 2006 /96/EC (OJ L 327, 22.12.2006, p. 81), has been drawn up on the basis of a request from the Commission in accordance with Article 6 of that Directive;

14.

Community legislation on harmonization of Community legislation harmonising the conditions for the marketing of products;

15.

Manufacturer shall be any natural or legal person who produces or manufactures a toy and makes such a toy available on the market under its own name or trademark;

16.

the placing on the market of a toy for the first time shall be placed on the market;

17.

Conformity assessment is the procedure for assessing whether specific requirements have been met for a toy;

18.

the conformity assessment body shall be a body carrying out conformity assessment activities, including calibrations, tests, certifications and inspections;

19.

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

20.

Market surveillance shall mean any activity carried out by the competent authorities and measures taken by them to ensure that the toys are in conformity with the requirements of this Regulation and that the safety and security of the toys are -do not endanger the health of people or other areas of interest in the public interest;

21.

the risk is the probability of occurrence of a hazard causing damage and the severity of the damage;

22.

Withdrawal is any measure intended to prevent a toy located in the supply chain from being made available on the market;

23.

Recall any measure aimed at producing the return of a toy made available to the final consumer on the market;

23a.

damage is a physical injury or any other health impairment, including long-term nature;

24.

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

24a.

Toys are all products intended exclusively or not exclusively designed or designed to be used by persons under the age of 14 for playing;

25.

Water toy is a toy designed to be used in shallow water and is suitable for carrying a child on the water or holding it over water;

26.

are the economic operator of the manufacturer, the authorised representative, the importer and the distributor;

27.

'For use by children of the given age group' means a wording which indicates that parents or supervisors reasonably assume, on the basis of the functions, dimensions and characteristics of a toy, that: , it may be intended for use by children of the age group indicated.

Footnote

§ 2 No. 24a Cursive pressure: Should be correct "are toys" Unofficial table of contents

§ 3 General obligations of manufacturers

(1) Manufacturers may place on the market only such toys which have been designed and manufactured in accordance with the requirements of Article 10 of this Regulation and Annex II to Directive 2009 /48/EC. (2) Manufacturers shall be required to comply with the requirements of Article 17 of the Directive. create the necessary technical documentation and carry out the conformity assessment procedures to be applied in accordance with § 15. Where it has been demonstrated, on the basis of this procedure, that the toy complies with the applicable requirements referred to in paragraph 1, the manufacturers shall issue the EC declaration of conformity referred to in Article 12 and bring the CE marking in accordance with Article 13 (2) (3) Manufacturers must keep the technical documentation and the EC declaration of conformity for 10 years from the date on which the last piece of the toy series has been placed on the market. (4) The manufacturers must ensure, by means of appropriate procedures, that: in the case of series production, always comply with the requirements of Directive 2009 /48/EC . Any changes to the design of the toy or its characteristics, as well as amendments to the harmonised standards to which reference is made when a toy is declared conformity, shall be taken into account appropriately. In order to protect human health and safety, manufacturers, in the event of a risk posed by a toy, carry out checks on the toys placed on the market, carry out checks, carry out a list of complaints, which shall: non-conforming products and product recalls, and regularly inform the distributors of the progress and results of their monitoring. (5) There is reason to believe that a toy placed on the market does not include the in accordance with relevant Community harmonisation legislation, the The manufacturer shall immediately take the necessary corrective measures to ensure the conformity of this toy with the relevant harmonisation legislation, to withdraw the toy from the market if necessary or to recall it. In addition, where risks are associated with the toy, manufacturers shall immediately inform the competent market surveillance authorities of the Member States where they have provided the toy on the market, and in doing so, the information required, in particular on the non-compliance and the corrective measures taken. Unofficial table of contents

§ 4 Special marking and information requirements of the manufacturers

(1) The manufacturers are responsible for the fact that their toys can be read legibly and permanently with a type, batch, model or serial number or another license plate. If this is not possible due to the size or nature of the toy, the manufacturers shall be responsible for indicating the necessary information on the packaging or in the documents accompanying the toy. (2) The When placing on the market, manufacturers shall have their name, registered trade name or registered trade mark and their contact address either on the toy itself or, where this is not possible, on the packaging or in the documents which: to the toy, to be indicated. The address must indicate a central location under which the manufacturer can be contacted. (3) The manufacturers are responsible for the fact that the toy is accompanied by the instructions for use and the safety information. Instructions for use and safety information shall be made available in German. (4) The manufacturers shall be obliged to provide the competent market surveillance authority with the information and documents requested by the competent market surveillance authority. , which are necessary for the verification of the conformity of the toy. The information and documents are to be written in German or in a language which can be easily understood by this authority. Manufacturers shall, at their request, make available to this authority all the information and documents necessary for measures to prevent risks associated with toys which they have placed on the market. Unofficial table of contents

§ 5 Duties of the Plenipotentiary

(1) A manufacturer may nominate an authorised representative in writing. (2) An authorised representative shall carry out the duties assigned to him by the manufacturer for the purpose of this. A manufacturer who uses an authorised representative shall carry out at least the following tasks:

1.

keeping the EC declaration of conformity and the technical documentation available to the market surveillance authorities for a period of ten years from the date on which the last piece of the toy series has been placed on the market,

2.

on the basis of a reasoned request from a competent market surveillance authority, require all necessary information and documents to be sent to the competent market surveillance authority to demonstrate the conformity of a toy, and

3.

on the basis of a reasoned request from a competent market surveillance authority, cooperation with the competent market surveillance authority in all measures to eliminate the risks associated with toys.

(3) The obligations pursuant to § 3 (1) and the preparation of the technical documentation in accordance with § 17 may not be transferred by the manufacturer to an authorized representative. Unofficial table of contents

§ 6 Duties of the importer

(1) Only conformable toys may be placed on the market. (2) Before a importer places a toy on the market, he/she must ensure that the conformity assessment procedure in question has been carried out by the manufacturer. The importer may place a toy on the market only if:

1.

the manufacturer has produced the technical documentation,

2.

the toy is provided with the required conformity marking,

3.

the toys are accompanied by the necessary documents; and

4.

the manufacturer has complied with the requirements laid down in Article 4 (1) and (2).

If there is reason to believe that a toy is not in conformity with the requirements of Article 10 of this Regulation and Annex II to Directive 2009 /48/EC, an importer of this toy may not place on the market before the conformity of the toy Toy with these requirements is made. Where a risk is associated with the toy, the importer shall inform the manufacturer and the competent market surveillance authorities of the Member States in which they have made the toy available on the market. (3) As long as there is a Where a toy is in his/her area of responsibility, any importer shall be responsible for ensuring that the conditions of storage or transport do not comply with the conformity of the toy with the requirements of Article 10 of this Regulation and Annex II of the Directive 2009 /48/EC. (4) The importer shall have a period of 10 years after the toy is placed on the market, a copy of the EC declaration of conformity to the market surveillance authorities and ensuring that the market surveillance authorities have the technical documentation available on request (5) § 3 (4), third sentence, (5) and (4) (3) and (4) shall apply accordingly to the importer. The first sentence of Article 4 (2) shall apply mutatily to the importer. Unofficial table of contents

§ 7 Obligations of traders

(1) traders must take into account the applicable requirements for the marketing of toys with the necessary care when they provide toys on the market. (2) Before they provide a toy on the market, distributors shall have to: verify that

1.

the toy is provided with the required conformity marking,

2.

the toys are accompanied by the required documents and the instructions for use and safety information in the German language; and

3.

the manufacturer and the importer have complied with the requirements of Article 4 (1) and (2) and the second sentence of Article 6 (5).

If there is reason to believe that a toy does not comply with the requirements of Article 10 of this Regulation and Annex II to Directive 2009 /48/EC, the retailer may not provide such a toy on the market until after it has been made available by the trader. Requirements have been brought into line. Where a risk is associated with the toy, the trader shall also inform the manufacturer or importer and the market surveillance authority responsible for the trader. (3) Dealers who consider or have reason to do so. If it is assumed that a toy on the market is not in conformity with the relevant Community harmonisation legislation, it shall ensure that the necessary corrective measures are taken in order to: Match this toy with these requirements, the toy if necessary, to take back or recall it. The second sentence of paragraph 3 (5) shall apply. (4) The dealers shall, at the request of the competent market surveillance authority, hand out all the information and documents necessary to demonstrate the conformity of the toy, on the basis of their reasoned request. § 4 (4), third sentence, and § 6 (3) shall apply to the trader accordingly. Unofficial table of contents

§ 8 circumstances in which the obligations of the manufacturer also apply to importer and trader

A importer or trader shall be deemed to be a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer in accordance with Articles 3 and 4 of this Regulation if he places a toy on the market under his own name or trademark, or a toy already on the market so as to alter the conformity with the applicable requirements. Unofficial table of contents

Section 9 Identification of economic operators

The economic operators shall designate the market surveillance authorities, at their request, those economic operators,

1.

of which they referred to a toy, and

2.

to which they have made a toy.

The manufacturer must keep the information referred to in the first sentence available for a period of ten years from the date of placing on the market. The other economic operators shall have the information referred to in the first sentence available for a period of ten years after the toy has been made available. Unofficial table of contents

§ 10 Essential security requirements

(1) Toys may only be made available on the market if it meets the general safety requirements referred to in paragraph 2 and the specific safety requirements set out in Annex II to Directive 2009 /48/EC. Paragraph 3 shall remain unaffected. (2) Toys, including the chemical substances contained therein, shall be subject to the safety or health of users when used in accordance with their intended or foreseeable use and taking account of the behaviour of children. or do not compromise third parties. The abilities of the users and, where appropriate, the supervisors shall be taken into account, in particular in the case of such toys, which are intended for use by children aged less than 36 months, or by children of other specific types. age groups. The labels affixed to the toy in accordance with Article 11 (2) and the accompanying instructions for use shall include the users or the supervisors on the risks and risks associated with the use of the toy, as well as on the risks and risks involved in the use of the toy. (3) Toys produced using the substances lead, antimony, arsenic, barium and mercury may only be made available on the market if, as a result of the handling of toys, the use of such toys is not possible. no more than the following quantities of these substances are biologically available daily:

1.

0.7 µ g lead,

2.

0.2 µ g antimony,

3.

0,1 µ g Arsen,

4.

25.0 µ g Barium,

5.

0.5 µ g mercury.

The bioavailability of the substances listed in the first sentence is to be understood as meaning the soluble extract which is of toxicological importance. For N-nitrosamines and substances which can be converted to N-nitrosamines in toys of natural and synthetic rubber for children up to 36 months of age, which are intended to be put into the mouth as intended or foreseeable, § 5 shall apply in conjunction with Annex 4, point 1 (1) (1) (1) (1) (1) (1) b of the requirements regulation as amended by the Notice of 23 December 1997 (BGBl. 1998 I p. 5), as last amended by Article 1 of the Regulation of 7 February 2011 (BGBl. 226). Toys manufactured in breach of this prohibition shall not be made available on the market. (4) Toys made available on the market shall be subject to the essential safety requirements during its foreseeable and normal use .

Footnote

Section 10 (2) sentence 3 italic print: should be correctly "connected" Unofficial table of contents

Section 11 Special warnings

(1) If it is appropriate for the safe use of the toy, appropriate user restrictions in accordance with Annex V, Part A, of Directive 2009 /48/EC of the European Parliament and of the Council of the European Parliament and of the Council shall be deemed to be appropriate for the purposes of Article 10 (2). 18 June 2009 on the safety of toys. The categories of toys listed in Part B of Annex V to that Directive shall be used for the warnings given there. The warnings given in Annex V, Part B, points 2 to 10, shall be used with the wording there. The toy may not be accompanied by one or more of the specific warnings referred to in Annex V, Part B, if it is used for the intended use of the toy on the basis of its functions, dimensions and characteristics. (2) The manufacturer must make the warnings clearly visible, easily legible, comprehensible and in appropriate form on the toy, on a fixed label or on the packaging and, where necessary, in the attached instructions for use. In the case of small toys sold without packaging, the appropriate warning is to be attached directly to the toy. (3) Warning information must begin with the word "Attention". (4) Warnings for the decision to buy a toy. , such as the indication of the user's minimum and maximum age, as well as the other relevant warnings as set out in Annex V to Directive 2009 /48/EC, must be indicated on the packaging, or must be presented in a different form to the consumer the purchase can be clearly recognizable. This also applies if the purchase is completed by electronic means. (5) Warning and safety instructions are to be written in German. Unofficial table of contents

§ 12 EC declaration of conformity

(1) The EC declaration of conformity states that the fulfilment of the requirements referred to in Article 10 of this Regulation and Annex II to Directive 2009 /48/EC has been demonstrated. (2) The EC declaration of conformity shall contain at least the elements which: are specified in

1.

Annex III to Directive 2009 /48/EC and

2.

the relevant modules of Decision No 768 /2008/EC of the European Parliament and of the Council of 9 July 2008 (OJ L 145, 30.4.2008, p. OJ No L 218, 13.8.2008, p. 82).

It must be kept up-to-date. The EC declaration of conformity corresponds in its structure to the model in Annex III to Directive 2009 /48/EC. It is to be written in German. It shall be translated into the language or languages required by the Member State of the European Union in which the toy is placed on the market or on its market. (3) With the exhibition of EC declaration of conformity is the responsibility of the manufacturer for the conformity of the toy. Unofficial table of contents

Section 13 CE-marking

(1) Toys made available on the market shall bear the CE marking. (2) The CE marking shall be clearly visible and legible and shall be affixed permanently to the toy, to a label attached thereto or to the packaging. In the case of small toys and toys made up of small parts, the CE marking may be affixed either on a label or in a package leaflet. If this is technically not possible in the case of the sale of toys with a counter-presentation packaging, the counter presentation packaging was originally used as packaging for the toy, the information is available on the Presentation packaging. Where the CE marking of a packaged toy is not recognisable from the outside, it shall at least be affixed to the packaging. (3) The CE marking must be affixed before the toy is placed on the market. The CE marking may indicate a pictogram or any other sign which indicates a particular risk or use. Unofficial table of contents

Section 14 Security assessment

Before placing a toy on the market, manufacturers shall carry out an analysis of the chemical, physical, mechanical and electrical hazards as well as the flammability, hygiene and radioactivity hazards posed by the toy. , as well as an assessment of the extent to which users would be exposed to these risks. Unofficial table of contents

§ 15 Applicable Conformity Assessment Procedures

Before the manufacturer provides a toy on the market, he shall apply the conformity assessment procedures as specified in paragraphs 2 and 3 in order to demonstrate that the toy meets the requirements of Article 10 of this Regulation and Annex II Directive 2009 /48/EC. (2) The manufacturer has applied the harmonised standards, the references of which have been published in the Official Journal of the European Union and which cover all the relevant safety requirements for the toy, the manufacturer shall apply the internal production control procedure in accordance with Annex II, Module A, to Decision No 768 /2008/EC. (3) The toy shall be subjected to the EC type-examination in accordance with § 16 in conjunction with the procedure of conformity with the type referred to in Annex II, Module C to Decision No 768 /2008/EC, if:

1.

there are no harmonised standards, the references of which have been published in the Official Journal of the European Union and which cover all the relevant safety requirements for the toy,

2.

the harmonized standards referred to in paragraph 1 exist, but the manufacturer has not applied them or only partially applied them,

3.

the harmonized standards referred to in paragraph 1 have been published only with a reservation, or any other harmonised standard has been published only with a reservation; or

4.

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

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Section 16 EC type-examination

(1) When applying for the EC type-examination, the carrying out of this examination and the issue of the EC type-examination certificate, the procedure laid down in Annex II, Module B, of Decision No 768 /2008/EC shall be adopted. The EC type-examination shall be carried out in accordance with the requirements of Module B, point 2, second indent of Decision No 768 /2008/EC. In addition to these provisions, the provisions of paragraphs 2 to 5 shall apply. (2) The application for EC type-examination must contain a description of the toy and the indication of the place of manufacture, including the address. (3) the notified conformity assessment body shall assess the EC type-examination, if necessary, together with the manufacturer, to assess the analysis of the hazards posed by the toy in accordance with Article 14. (4) EC type-examination certificate contains a reference to Directive 2009 /48/EC, a color image and a clear description of the toy, including its dimensions, as well as a list of checks carried out with a reference to the respective audit report. The EC type-examination certificate shall be reviewed at least every five years. It shall be checked at any time if necessary, in particular in the case of changes to the manufacturing process, raw materials or components of the toy. The EC type-examination certificate shall be withdrawn if the toy does not comply with the requirements of Article 10 of this Regulation or Annex II to Directive 2009 /48/EC. Notified conformity assessment bodies may not issue an EC type-examination certificate for toys for which a certificate has been failed or withdrawn. (5) The technical documentation and correspondence relating to the EC type-examination procedures shall be drawn up in German or in another language accepted by the notified conformity assessment body. Unofficial table of contents

Section 17 Technical documents

The technical documentation referred to in Article 3 (2) shall, in particular, contain the documents listed in Annex IV to Directive 2009 /48/EC, together with any relevant information on the means by which the manufacturer ensures that the Toys comply with the requirements of Article 10 of this Regulation and Annex II to that Directive. (2) On the basis of a reasoned request from the competent market surveillance authority, the manufacturer shall have the competent market surveillance authority within a period of 30 days the technical documentation or a translation of the to present relevant parts of the technical documentation in German. In justified cases, in particular where there is a serious and immediate risk, the competent market surveillance authority may set a shorter time limit for the submission of the documents referred to in the first sentence. (3) The manufacturer shall fulfil his obligations in accordance with paragraphs 1 and 2, the competent market surveillance authority may require the competent market surveillance authority to carry out an audit at its own expense and within a specified period from a notified conformity assessment body in order to: Compliance with harmonised standards and compliance with the essential Check security requirements. Unofficial table of contents

§ 18 precautionary principle

Where the competent authorities are taking measures or general market surveillance measures regulated in this Regulation, they shall take due account of the precautionary principle.

Footnote

§ 18 italics: if properly "regulated measures or general market surveillance measures, so" Unofficial table of contents

Section 19 Instructions for notified conformity assessment bodies

The competent market surveillance authorities may require a notified conformity assessment body to provide information on any EC type-examination certificate issued, withdrawn or withdrawn by it, including the (2) If the competent market surveillance authority finds that a toy is not in conformity with the requirements of Article 10 of this Regulation and Annex II to Directive 2009 /48/EC, the competent market surveillance authority shall: it shall have the notified conformity assessment body if necessary, to take back the EC type-examination certificate for this toy. (3) The market surveillance authority shall, if necessary, reject the notified conformity assessment body, in particular in the second sentence of Article 16 (4) and shall be used to verify the EC type-examination certificate. Unofficial table of contents

§ 20 Treatment of toys with which a risk is associated

(1) Where the competent market surveillance authorities are in accordance with Article 20 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the rules for accreditation and market surveillance relating to the Marketing of products for the repeal of Council Regulation (EEC) No 339/93 (OJ L 136, 31.3.1993, p. 30), or where they have sufficient reason to believe that a toy covered by this Regulation endangers the health or safety of humans, they shall assess whether the toy in question is all in place in of this Regulation. The economic operators concerned shall be obliged to provide the market surveillance authorities with the information and documentation requested by such authorities, which are necessary for the risk assessment of the toy. Where the competent market surveillance authorities conclude that the toy does not comply with the requirements of this Regulation, they shall, without delay, request the economic operator concerned to do so within a period of time to the extent that: of the risk is appropriate to take appropriate corrective measures in order to establish the conformity of the toy with those requirements, to withdraw the toy from the market or to recall it. The market surveillance authorities shall inform the relevant notified conformity assessment body. Article 21 of Regulation (EC) No 765/2008 must be applied to the measures referred to in the third sentence. (2) The economic operator concerned shall ensure that the corrective measures he takes extend to all the toys he/she is taking in the market. (3) The economic operator concerned does not take appropriate corrective measures within the time limit set in the third sentence of paragraph 1, the market surveillance authorities shall take the necessary measures in accordance with Article 8 (3) (3) of the Treaty 4 of the Equipment and Product Safety Act and inform the Commission and the other Member States of the European Union. (4) The notification in accordance with Article 9 (1) sentence 1 of the Equipment and Product Safety Act shall contain all available information. It includes in particular:

1.

the data for the identification of the non-conforming toy;

2.

the origin of the toy,

3.

the nature of the alleged non-compliance and the risk,

4.

the nature and duration of the measures taken and

5.

the causes of non-compliance, in particular whether this is due to the fact that:

a)

the toy does not comply with the requirements laid down in this Regulation with regard to the protection of human health or

b)

the harmonised standards applied, the references of which have been published in the Official Journal of the European Union, are inadequate;

6.

the arguments of the economic operator concerned.

Footnote

Section 20 (1) sentence 3 italic printing: should be correctly "competent" Unofficial table of contents

Section 21 Exchange of information

In the case of a measure referred to in Article 20 (3), a measure taken in accordance with Article 22 of the Regulation of the European Parliament and of the Council of 9 July 2008 laying down the requirements for accreditation and market surveillance in the Connection with the marketing of products for the repeal of Council Regulation (EEC) No 339/93 (OJ L 136, 31.3.1993, p. 30), a separate notification in accordance with Article 20 (3) shall not be required if:

1.

in the notification in accordance with Section 9 (2) sentence 3 of the Equipment and Product Safety Act, it is pointed out that this Regulation also requires the notification of the measure, and

2.

the supporting documents referred to in Article 20 (4) of the notification in accordance with Article 9 (2) sentence 3 of the Equipment and Product Safety Act shall be enclosed.

Footnote

Section 21 No. 1 italic printing: Should the correct "Equipment and Product Safety Act be pointed out," Unofficial table of contents

§ 22 Administrative Offences

Contrary to the provisions of Section 19 (1) (1) (b) of the Equipment and Product Safety Act, who intentionally or negligently contrasts with § 4 (2) sentence 1, also in conjunction with § 6 (5) sentence 2, an indication of not, not correct, does not make it complete or not in time. Unofficial table of contents

Section 23 Transial provisions

(1) This Regulation shall not apply to toys which have been placed on the market before 20 July 2011. (2) On toys which are placed on the market from 20 July 2011 and before 20 July 2013, toys shall be placed on the market until 19 July 2013. by way of derogation from Article 10 (1) of this Regulation, of Annex II, Part II, point 3 of Council Directive 88 /378/EEC of 3 May 1988 on the approximation of the laws of the Member States relating to the safety of toys (OJ L 327, 31.12.1988, p. 1), to be applied in its version until 20 July 2011. Unofficial table of contents

Section 24 Entry into force, external force

This Regulation shall enter into force on 20 July 2011. At the same time, the regulation on the safety of toys of 21 December 1989 (BGBl. 2541), as last amended by Article 6 (2) of the Regulation of 6 March 2007 (BGBl I). 261) has been amended, except for force. Unofficial table of contents

Final formula

The Federal Council has agreed.