Secure toys CE
Royal Decree 1205/2011 of 26 August on toy safety
The purpose of this Royal Decree is to harmonise toy regulations in the European Community and to bring the requirements of Spanish legislation into line with those established in neighbouring countries. Furthermore, this law seeks to ensure compliance with a series of conditions that guarantee safety during their handling, in order to avoid the risks to which children may be exposed when using them.
As stated in Art. 11.2 of this RD, all toys, including the chemical substances they contain, may not compromise the safety and health of users or other persons when utilised for their normal purpose or in accordance with their foreseeable use, taking into account the behaviour of children. The ability of users and, where appropriate, their monitors shall be taken into account, especially in the case of toys intended for use by children under 36 months of age or other specific age groups.
Labels affixed in accordance with Article 12.2 and instructions accompanying toys shall alert users or their monitors to the inherent hazards of toys and the risks of harm involved in their use and shall indicate how to avoid them.
Article 12 Warnings
Where applicable, warnings intended for a safe use of the item, for the purposes of Article 11.2, shall specify appropriate restrictions relating to the user in accordance with Annex V, Part A.
For toy categories listed in Annex V, Part B, the warnings set out therein shall be used. The warnings set out in points 2 to 5 of Annex V, Part B shall be used as they are worded therein. Toys shall not bear any of the specific warnings referred to in paragraph 1 if they are contradictory to their intended use, as determined by virtue of their function, size and features.
The manufacturer shall indicate the warnings in a clearly visible, legible, easily understandable and accurate manner on the toy, on an affixed label or on the packaging and, where appropriate, in the user instructions accompanying the toy. Small toys sold without packaging shall have appropriate warnings affixed directly on them. Such warnings shall be preceded by the word "Warning" or "Warnings", as appropriate. The warnings which determine the decision to purchase the toy, such as those specifying the minimum and maximum user age, as well as the other applicable warnings set out in Annex V, shall appear on the consumer packaging or otherwise be clearly visible to the consumer prior to purchase, including online purchases.
In accordance with Article 5.7, warnings and safety instructions shall be written in Spanish, at a minimum.
Warnings (as referred to in Article 12.)
The user restrictions referred to in Article 12.1 shall include, at least, the minimum or maximum age of the toy user and, where applicable, their capacity and their maximum or minimum weight, as well as the need to ensure that the toy is only used under adult supervision.
Specific warnings and precautions to be taken when using certain toy categories
Toys not intended for children under 36 months.
Toys which may be dangerous for children under 36 months shall bear a warning, e.g. "Not suitable for children under 36 months", "Not suitable for children under three" or a warning with the following pictogram:
These warnings shall be accompanied by a brief indication, which may appear in the user instructions, of the specific hazard for which the precaution applies.
This point shall not apply to toys which manifestly, by virtue of their functions, size, characteristics, properties or other obvious features, are not suitable for use by children under 36 months.
Activity toys shall carry the warning: “Only for domestic use”.
Activity toys attached to a crossbar, as well as other activity toys, where applicable, shall be accompanied by user instructions which emphasise the need to regular check and inspect their most important parts (suspensions, attachments, floor fasteners, etc.) and which specify that failure to carry out such checks could lead to a risk of the toy falling or tipping over. Instructions shall also be provided on the correct way to assemble them, with an indication of the parts which may be dangerous in case of incorrect assembly. The suitable surface shall be specifically indicated.
Functional toys shall carry the warning: “To be used under adult supervision”.
In addition, they shall be accompanied by user instructions indicating the precautions to be taken, warning that failure to take such precautions will expose the user to the hazards - to be specified - inherent in the device or product of which the toy is a scale model or an imitation. It shall also be indicated that the toy must be kept out of the reach of children under a certain age, to be decided by the manufacturer.
Notwithstanding the application of the provisions laid down in the applicable EC legislation on the classification, packaging and labelling of certain substances or mixtures, the user instructions for toys containing substances or mixtures which are inherently dangerous shall warn of their hazardousness and indicate the precautions to be taken by users to avoid the hazards involved, which shall be specified concisely according to the type of toy.
Mention shall also be made of the first aid to be administered in the event of serious accidents which may be caused by the use of such toys. It shall also be indicated that the toy must be kept out of the reach of children under a certain age, to be decided by the manufacturer. In addition to the indications referred to in the previous paragraph, chemical toys shall display the following warning on their packaging: "Not suitable for children under (age to be decided by the manufacturer). To be used under adult supervision”.
The following, in particular, are considered to be chemical toys: chemistry sets, plastic inclusion kits, ceramic, enamelling or photographic mini-workshops and similar toys involving a chemical reaction or similar alteration of the substance during use.
Skates, roller skates, in-line skates, skateboards, children's toy scooters and bikes.
When these products are sold as toys they shall carry the following warning:
“Protective equipment should be worn. Do not use in places with vehicle traffic”.
In addition, the instructions for use will remind that the toy should be used with caution, as it requires great skill, to avoid falls or collisions that could cause injury to the user or others. Some indication of recommended protective gear (helmets, gloves, knee pads, elbow pads, etc.) will also be given.
Toys intended for use in water.
Toys intended for use in water shall bear the following warning:
“Only use in water where the child can stand up and under adult supervision.”
Toys in food.
Toys distributed in food or mixed with food shall bear the following warning:
“Contains a toy. Adult supervision recommended.”
Toys imitating protective masks and helmets.
Toys imitating protective masks and helmets shall bear the following warning:
“This toy does not provide any protection”.
Toys intended to be suspended above a cot, playpen or pram by means of cords, ropes, elastics or straps.
Toys intended to be suspended above a cot, playpen or pram by means of cords, ropes, elastics or straps shall bear the following warning on the packaging and shall be permanently marked on the toy:
“To avoid possible injury due to strangulation, this toy must be withdrawn when the child starts to try to get up using their hands and knees.”
Packaging for olfactory board games, cosmetic kits and taste games.
The packaging for olfactory board games, cosmetic kits and taste games containing the fragrances referred to in points 41 to 55 of the list given in Annex II, Part III, point 11, first paragraph, and the fragrances referred to in points 1 to 11 of the list given in the third paragraph of that point shall bear the following warning:
“Contains fragrances that may cause allergies.”
Spanish regulations on toy safety are harmonised at European level so that toys meet the essential requirements during their manufacture. European standardisation bodies provide proof of their conformity with the essential requirements in their standards. Toys complying with these requirements bear the CE conformity marking.
In the EU, manufacturers are directly responsible for the safety of their toys, and importers for the toys they make available to European children through distributors.
The CE mark ("Conformité Européenne") is compulsory and was created so that the manufacturers and importers themselves would ensure that their toys comply with the standards set by Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the toy safety (this European standard has undergone several amendments, and each one has been transposed into Spanish law).
What is the CE marking for toy safety?
The CE marking is a insignia that must be present on all toys marketed in the European Economic Area, wherever the product comes from, as the European Economic Area allows the free movement of goods.
It is a "declaration" by the manufacturer, in which it acknowledges that its toys comply with the "essential" standards and requirements referred to in the above-mentioned directive and subsequent amendments.
CE marking information
The CE marking must bear the letters CE, the name and address of the manufacturer and an identification code to ensure the "traceability" of any of its toy models, in case a rapid recall has to be arranged in case of a subsequent safety problem.
European regulations state that:
In the case of small-sized toys, as well as toys composed of small-sized components, these indications may also be placed on the packaging, on a label, or in a leaflet. Where such markings are not affixed to the toy, the consumer's attention shall be drawn to the usefulness of keeping them.
It also states:
The affixing of markings on toys which are likely to mislead third parties as to the meaning or form of the CE marking shall be prohibited. Any other marking may be affixed to toys, packaging or a label, provided that the visibility and legibility of the CE marking is not thereby reduced.
Since all toys on sale in the EU are presumed to be safe because their manufacturers are supposed to have carried out tests to ensure that they meet the safety standards of the European regulation, Member States reserve the right to carry out sampling and checks on toy samples to ensure that the toy does indeed meet the requirements to bear the CE label.
To this end, they may have access to the manufacturers' warehouses and request from them the technical documentation of the toy (design and method of manufacture).
Article 15 General principles of CE marking
- Toys placed on the market shall bear the CE marking.
- The CE marking shall be subject to the general principles referred to in Article 30 of Regulation (EC) No 765/2008.
- Toys bearing the CE marking shall be presumed to comply with this Royal Decree.
- Toys which do not bear the CE marking or which do not otherwise comply with this Royal Decree may be displayed at trade fairs and exhibitions, provided that they are accompanied by a sign clearly indicating that they do not comply and that they shall not be placed on the market before they have been brought into conformity.
Article 16 Rules and conditions for the affixing of the CE marking
- The CE marking shall be affixed visibly, legibly and indelibly to the toy, or on an affixed label or on the packaging. In the case of small toys and toys composed of small parts, the CE marking may be affixed on a label or in an accompanying leaflet. If this is not technically possible in the case of toys sold in counter displays, and provided that the display was originally intended as the packaging for the toys, the CE marking shall be affixed to the counter display. If the CE marking is not visible from the outside of the packaging, it shall at least be affixed to the packaging.
- The CE marking shall be affixed before the toy is placed on the market. It may be followed by a pictogram or any other marking indicating a special risk or use.