The Toys (Safety) Regulations 2011

[F1Obligations which are met by complying with obligations in the DirectiveE+W+S

39A.—(1) In this regulation—

(a)any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

(b)“CE marking” has the meaning given to it in Article 3(16);

(c)“harmonised standard” has the meaning given to it in Article 3(8);

(2) Subject to paragraphs (6) and (7) paragraph (3) applies where, before placing a toy on the UK market, a manufacturer—

(a)ensures that the toy has been designed and manufactured in accordance with the requirements set out in—

(i)in Article 10 (essential safety requirements); and

(ii)Annex II (particular safety requirements);

(b)carries out the safety assessment in accordance with Article 18;

(c)ensures that the relevant conformity assessment procedure has been carried out in accordance with Article 19;

(d)in cases where the manufacturer considers that Article 19(3) applies, ensures that the provisions of Article 20 are complied with;

(e)draws up the technical documentation in accordance with Article 21(1);

(f)ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

(g)affixes the CE marking in accordance with Articles 16 and 17;

(h)draws up an EC declaration of conformity, in accordance with Article 15; and

(i)ensures that the EC declaration of conformity is prepared in or translated into English.

(3) Where this paragraph applies—

(a)the requirements of regulations 10 to 15, 16(1) to (2), 17(1) to (4) and 18, are to be treated as being satisfied;

(b)regulations 16(4) to (5), 17(5) and (10), 21, 22, 39 and 44 are to be read subject to the modifications in paragraph (10);

(c)regulations 42 to 44 do not apply; and

(d)regulation 52 does not apply.

(4) Subject to paragraphs (6) and (7), paragraph (5) applies, where before placing a toy on the market, the importer ensures that—

(a)the relevant conformity assessment procedure that applies to that toy has been carried out in accordance with Article 19;

(b)the manufacturer has drawn up the technical documentation in accordance with Article 21(1); and

(c)the toy bears the CE marking affixed in accordance with Articles 16 and 17.

(5) Where this paragraph applies—

(a)the requirements in regulation 26(a)(i) to (iii) are to be treated as being satisfied; and

(b)regulations 26(1), 28 and 30 to 32 are to be read subject to the modifications in paragraph (10).

(6) This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard.

(7) Where paragraph (6) applies paragraphs (2)(c) and (4)(a) are to be treated as requiring the manufacturer to carry out the conformity assessment procedure referred to in Article 19(3).

(8) Paragraph (9) applies where before making a toy available on the market, a distributor ensures that the manufacturer has affixed the CE marking in accordance with Articles 16 and 17.

(9) Where this paragraph applies—

(a)regulation 33(3)(a)(i) is to be treated as being satisfied;

(b)regulation 33(2), 34, 35 and 37 are to be read subject to the modifications in paragraph (10).

(10) The modifications referred to in paragraphs (3)(b), (5)(b) and (9)(b) are that—

(a)any reference to “declaration of conformity” is to be read as a reference to the EC declaration of conformity;

(b)any reference to “UK marking” is to be read as a reference to the CE marking;

(c)any reference to “essential safety requirements” is to be read as a reference to the requirements set out in—

(i)in Article 10 (essential safety requirements); and

(ii)Annex II (particular safety requirements);

(d)any reference to “designated standard” is to be read as a reference to a harmonised standard;

(e)any reference to “applicable conformity assessment procedure” is to be read as a reference to the applicable conformity assessment procedures referred to in Article 19;

(f)any reference to “technical documentation” is a reference to the technical documentation referred to in Article 21(1);

(g)any reference to “authorised representative” is a reference to a person appointed in accordance with Article 5; and

(h)any reference to “Type examination” is a reference to “EC-type examination”.]