General provisions
The law's content and purpose
section 1 of this Act is to protect children's health and safety
through provisions requiring the toys and how to
be provided.
The scope of the law
section 2 of the Act applies to toys made available on the market
and in the public sector.
The provisions of this law on economic operators also applies
the supplier of toys in public activities.
section 3 of the Government or the authority that the Government may
provide for exceptions from the scope of the law
When it comes to certain toys or certain goods which may
perceived as toys.
Definitions
section 4 of this Act means
1. toy: a product wholly or partially designed or
intended for children under 14 years of age to play with,
2. making available on the market "means any supply of a toy
for distribution, consumption or use on the
Union market in the course of a commercial activity, to
payment or free of charge;
3. the placing on the market ' means the first
time of a toy on the market throughout the Union,
4. "manufacturer" means any natural or legal person who
manufactures a toy or has a product designed or
make a toy, and markets that toy under his name
or trademark;
5. ' authorised representative ' means any natural or legal
person established within the Union who has written
mandate from a manufacturer to act on his behalf in performing
specific tasks,
6. "importer" means any natural or legal person
established in the Union and places a toy from a
third country on the Union market,
7. "distributor" means any natural or legal person in
the supply chain, other than the manufacturer or the importer who
provide a toy on the market,
8. "economic operator" means the manufacturer, the importer, the manufacturer's
Representative and Distributor;
9. "harmonised standard" means a standard which, on the basis of a
request from the European Commission in accordance with article 6
in European Parliament and Council Directive 98/34/EC of 22
June 1998 laying down a procedure for the provision of technical
standards and regulations, adopted by the European
standardisation bodies listed in annex I to the
the directive,
10. Accreditation: the meaning of
European Parliament and Council Regulation (EC) no 765/2008 of the
9 July 2008 setting out the requirements for accreditation and market surveillance
relating to the marketing of products and repealing
Regulation (EEC) No 339/93,
11. "conformity assessment" means the process demonstrating
whether specified requirements relating to a toy,
12. "recall" shall mean any measure aimed at achieving the return of a toy
that has already been made available to the end user,
13. "withdrawal" means any measure aimed at preventing a
toy in the supply chain from being made available on the market,
14. market surveillance "means the activities carried out and
measures taken by the authorities to ensure that
the toys comply with the applicable requirements
set out in the relevant European Union legislation on harmonisation, and
do not endanger health, safety or other aspects of protection
of the public interest, and
15. CE marking "means a marking by which the manufacturer indicates
that the toy is in conformity with the applicable requirements
laid down in the harmonised EU legislation providing
on the labelling.
Takeover and transfer of the manufacturer's obligations
section 5 where an importer or a distributor provides a
toy on the market under his name or trademark
or modifies a toy already placed on the market in
such a way that compliance with the applicable
the requirements may be affected, the importer or the Distributor
the manufacturer's obligations set out in this law.
section 6, a manufacturer may, by a written mandate, appoint a
representative shall perform the tasks specified in the
the power of attorney.
The Government or the authority that the Government may
provide for the requirements of a
Proxy content referred to in the first subparagraph.
Toys
General requirements
7 § Toys may only be made available on the market and in
public activities if they comply with the requirements of 9, 10, 12, 14
and 15 sections and the regulations in connection
to these provisions.
section 8 A toy may be displayed and used at trade shows and
exhibitions even though it does not meet the requirements
provided for in this Act or in the regulations
a court in connection with the Act. However, this applies only
provided that it clearly indicated that the toy does not
comply with the requirements and that it will not
provided within the European Union until it meets the
the requirements.
Safety requirements
§ 9 A toy must not entail any risk of any person's
safety or health when used as intended, or
predictable manner with regard to the child's behavior. At this
the assessment shall take into account the ability of children and, in
where appropriate, those who watch over children to handle
the toy. This is especially true for toys that are intended
for children of a specific age group.
The Government or the authority that the Government may
provide for specific safety requirements for toys.
The safety requirements laid down in the first and second subparagraphs shall be met
throughout the time the toy normally would be expected to
be used.
section 10 a manufacturer shall provide to the toy or toy
packaging and, where appropriate, instructions for use
included with the toy with warnings and explanations about the
built-in dangers and risks which the use of the toy
can trigger and how these can be avoided. Warnings and
information texts, where appropriate, shall include
disclosure of
1. requirements for the minimum or maximum age of the users,
2. requirements on user capabilities;
3. requirements on user's maximum or minimum weight,
4. that the toy should only be used under adult supervision,
as well as the
5. precautions in the use of certain categories
of toys.
The Government or the authority, as the Government determines
Announcing the details of the content of warnings and
Informational texts.
The Government or the authority that the Government may
provide for the placement and design in General
of alerts and information texts.
Presumption of conformity with the safety requirements
section 11 A toy that conforms to a harmonised
default, the European Commission referred to in
Official Journal of the European Union, shall be presumed to be in
comply with the safety requirements laid down in paragraphs 9 and 10 and the
regulations that have been issued in connection with these
provisions to the extent the requirements covered by the standard.
Assessment of conformity
section 12 Before a toy is placed on the market, the manufacturer shall
carry out or have carried out an assessment of whether the toy
comply with the safety requirements laid down in paragraphs 9 and 10 and the
regulations that have been issued in connection with these
provisions. The manufacturer must draw up in connection with the
technical documentation as a basis for the assessment of
conformity.
The Government or the authority that the Government may
provide for the procedure for the assessment of toy
conformity.
Notified bodies
paragraph 13 of the bodies to be notified pursuant to §§ 7-9 teams (2011:791) if
accreditation and technical control to perform the assessment of
conformity of toys by the EC type-examination (notified
body) must be accredited for indication under regulation
(EC) no 765/2008 and the law (2011:791) on accreditation and
technical control.
Such bodies may perform conformity assessment of
toys by the EC type-examination only if the European
the Commission or any Member State of the European Union does not
have notified objections within two weeks of notification
referred to in the first subparagraph has occurred.
The Government or the authority, as the Government determines
Announces rules on such bodies obligations in connection
conformity assessment. Law (2011:797).
EC-declaration of conformity
section 14 If such assessment of conformity referred to in section 12
means the toy meets security requirements, skatillverkaren
draw up an EC declaration of conformity. Manufacturer
responsible therefore for the toy is in compliance with
the security requirements.
The Government or the authority that the Government may
provide for the EC declaration of conformity for
toys.
CE marking
section 15, a manufacturer should provide the toy with CE marking before
It is placed on the market.
Provisions for the CE marking, see Regulation (EC) no
765/2008.
The Government or the authority that the Government may
provide for CE marking of toys.
Documentation
section 16 of the manufacturer shall keep the EC declaration of
conformity and the technical documentation that is
the basis for the assessment of conformity for 10 years from
the toy is placed on the market.
When a market surveillance authority under section 24 or in another
Member State of the European Union requesting it and cite reasons
of their request, the manufacturer shall provide the Agency
the technical documentation or a translation of it.
Documents to be provided within 30 days or, if the
is justified on the grounds of a serious and immediate risk, the
shorter period that the Agency decided.
An importer shall, during the period referred to in the first subparagraph of
a market surveillance authority referred to in the second subparagraph to
demonstrate an EC declaration of conformity and on request see
the authority will have access to the technical
the documentation.
section 17 if the manufacturer has not drawn up the technical
documentation in accordance with section 12 or regulations
in connection with section 12 or do not provide
the technical documentation in accordance with section 16 of the other
subparagraph, a market surveillance authority under section 24, or in
another Member State in the European Union require that
the manufacturer at its own expense allows a body referred to in paragraph 13 of
within a specified time to perform an inspection of the toy
conformity with the safety requirements laid down in paragraphs 9 and 10 and the
regulations that have been issued in connection with these
provisions.
Traceability
section 18 of the Government or the authority, as the Government determines
may provide for the obligations of economic operators in
question about
1. information that you want to accompany the toy and relating to
data
(a)) for the identification of the toy, and
b) if the manufacturer or importer, and
2. documentation necessary for tracing the origin of
toys which they supply or have supplied.
Damage prevention and cooperation
section 19 of The manufacturers shall ensure that procedures are
ensures that all manufactured toys comply with
the safety requirements laid down in paragraphs 9 and 10 and the regulations that have
in connection with these rules. An importer
and a distributor shall ensure that, while responsible for a
Toy, ensure that there are procedures for the storage and
transport to ensure that the toy is continuing to
comply with the safety requirements laid down in paragraphs 9 and 10 and the
regulations that have been issued in connection with these
provisions.
A manufacturer or importer shall conduct a
loss prevention in order to ascertain the
injury risks of toys which they have made available.
The Government or the authority that the Government may
provide for manufacturers ' and importers '
obligations referred to in the second subparagraph.
section 20 of an importer who intends to supply a toy,
inform the manufacturer and the authority or authorities referred to
in section 24, if there is reason to believe that the toy is a
such a risk as referred to in section 9.
The first paragraph also applies to a distributor who intends to
provide a toy. He shall also, where applicable,
inform the importer who has supplied the toy.
Obligations for non-conformity of production
section 21 of a manufacturer or an importer has reason to
assume that a toy which they have made available not
complies with the requirements provided for in this Act or in
the provisions adopted in connection with the law, shall immediately
take the necessary steps to get the toy to
comply with the requirements or, if appropriate, withdraw
or withdraw the toy from the market.
A withdrawal or a withdrawal of the toy should be
the content specified in §§ 15-18 product safety act
(2004:451); what it says about the recall from Distributor
However, should instead refer to withdrawal pursuant to this law.
section 22 a distributor who has reason to believe that a toy
He has provided is not consistent with the requirements
provided for in this Act or in the regulations announced in
connection to the law, to make sure that the manufacturer
or importer shall fulfil the obligations imposed on it by section 21. A
the distributor shall, at the request of a market surveillance authority
immediately take the necessary measures to withdraw
or withdraw the toy from the market.
section 23 of an economic operator has reason to believe that a
Toy which they have made available constitutes a risk that
referred to in section 9 shall immediately inform the competent
market surveillance authorities in the Member States of the European
Union where the operator has provided the toy. The operator shall
notification shall provide detailed information on the risk and
of the action taken.
Market control
Market surveillance authorities
24 § Market control must be exercised by the authorities
as the Government determines. Provisions on market surveillance
see articles 15 to 29 of Regulation (EC) no 765/2008.
The help of the police authority
section 25 at the request of a market surveillance authority shall
The police provide the necessary assistance when the authority
take measures in accordance with article 19 of Regulation (EC) no
765/2008 on
1. the particular circumstances give reason to suspect that
the operation cannot be carried out without a police man's special
powers under section 10 of the law on police (1984:387)
used, or
2. There are serious reasons.
Law (2014:658).
Obligations for notified bodies
section 26 at the request of a market surveillance authority to such a
bodies referred to in paragraph 13 of
1. Please provide information on the EC type-examination certificates issued, revoked
or the road rats,
2. provide examination reports and technical
documentation,
3. withdraw the EC type-examination certificate for toys that do not
comply with the safety requirements, and
4. make a revision of the EC type-examination certificate if the Authority considers
that it is necessary.
Injunctions and prohibitions
section 27 A market surveillance authority may notify the injunctions
and a ban is needed in a particular case, to this Act and
regulations that have been issued in connection with the Act, the
be complied with.
section 28 of the injunction or prohibition under section 27 or a
decision on action in accordance with article 19 of Regulation (EC) no
765/2008 shall be combined with a penalty, unless for special reasons
is unnecessary.
Immediate enforceability
section 29 A market surveillance authority may determine that its decision
According to section 27 and in accordance with article 19 of Regulation (EC) no
765/2008 shall apply immediately.
Financial compensation
section 30 of the Government or the authority, as the Government determines
may provide that an economic operator shall
1. replace the market surveillance authority for the cost of
the sampling and examination of samples, if the toy at the
control does not meet the safety requirements of toys under 9
and 10 sections and the regulations in connection
to these provisions, and
2. obtaining compensation from the market surveillance authority for
product samples and the like, if there are special reasons for it.
Professional secrecy
section 31 of The who has taken the post with a dossier that apply
market surveillance under this law may not improperly disclose
or take advantage of what they have been told if anyone's business or
operating conditions.
In the public activities should apply and
secrecy (2009:400) instead of the first paragraph.
Penalty
32 § an economic operator shall be required to pay a
fine, if the economic operator or anyone who
acting on behalf of the economic operator's intentionally or
negligence has breached the 7, 8, paragraph 16, 19, 20,
section 21, 22 or 23, or against regulations given in
connection to 18 or 19.
Penalty shall not be imposed on someone for a violation of
a ban or a failure to comply with an injunction
who have come together with a penalty.
Otherwise, in terms of penalty, paragraph 37, and
39 – 43 § § the product safety Act (2004:451).
Appeal
33 § A market surveillance authority's decision under section 27 may
be appealed to the administrative court. Other decisions according to
This law of a market surveillance authority may not be appealed.
Leave to appeal is required in case of appeal to the administrative law.
Transitional provisions
2011:579
1. this law shall enter into force on 20 July 2011, when the Act
(1992:1327) on the safety of toys should be repealed.
2. The repealed law continues to apply in the case of toys
placed on the market before entry into force.
3. Injunctions and prohibitions has been granted in accordance with the
repealed the law shall still apply.