2005/195/EC: Commission Decision of 9 March 2005 concerning the partial non-conformity of standard EN 71-1:1998 ‘Safety of Toys — Part 1: mechanical and physical properties’ with the essential safety requirements of Council Directive 88/378/EEC (notified under document number C(2005) 542) (Text with EEA relevance)

In the case of toys and component parts of toys made of expanding materials, harmonised standard EN 71-1:1998 ‘Safety of Toys — Part 1: mechanical and physical properties’, as adopted by the European Committee for Standardisation (CEN) on 15 July 1998, does not satisfy the essential safety requirements referred to in Article 3 of Directive 88/378/EEC, in so far as concerns Clause 4.6 thereof and Clause 8.14, to the extent that it relates to the 24-hour period during which a toy is to be submerged in a container.

The publication in the Official Journal of the European Union of the references of harmonised standard EN 71-1:1998 ‘Safety of Toys — Part 1: mechanical and physical properties’, as adopted by the European Committee for Standardisation (CEN) on 15 July 1998, shall be accompanied by the following additional notice: ‘Clause 4.6 of standard EN 71-1:1998 and Clause 8.14 thereof, in so far as it relates to the 24 hour period during which a toy must be submerged in a container, do not cover all the risks presented by toys and component parts of toys made of expanding materials. The standard does not give a presumption of conformity in that respect.’

A notice identical to that provided for in Article 2 of this Decision shall accompany the reference of a national standard transposing harmonised EN 71-1:1998 ‘Safety of Toys — Part 1: mechanical and physical properties’, to be published by the Member States pursuant to Article 5(1) of Directive 88/378/EEC.

This Decision is addressed to the Member States.