COMMISSION DECISION

of 4 April 2007

concerning the publication of the reference of the standard EN 71-1:2005 ‘Safety of Toys — Part 1: mechanical and physical properties’ regarding the technical requirements on projectiles with suction cups as an impact area in accordance with Council Directive 88/378/EEC on the safety of toys

(notified under document number C(2007) 1460)

(Text with EEA relevance)

(2007/224/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys(1), and in particular the second subparagraph of Article 6(1) thereof,

Having regard to the opinion of the Standing Committee established by Article 5 of 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 on Information Society Services(2), as amended by Directive 98/48/EC(3) (Committee on standards and technical regulations),

Whereas:

(1) Article 2 of Directive 88/378/EEC provides that toys must be placed on the market only if they do not jeopardise the safety and/or health of users or third parties when they are used as intended or in a foreseeable way, bearing in mind the normal behaviour of children.

(2) Pursuant to the Article 5(1) second subparagraph of Directive 88/378/EEC, toys are presumed to comply with the essential safety requirements referred to in Article 3 of the Directive if they conform to the national standards applicable to them transposing the harmonised standards the reference numbers of which have been published in the

Official Journal of the European Communities

(3) According to the Article 5(1) second subparagraph of Directive 88/378/EEC, Member States are required to publish the reference numbers of national standards transposing harmonised standards, the reference numbers of which have been published in the

Official Journal of the European Communities

(4) The European Committee for Standardisation (CEN), under mandate from the Commission, drew up and adopted the harmonised standard EN 71-1:1998 ‘Safety of toys — Part 1: mechanical and physical properties’ on 15 July 1998, the references of which were published for the first time in the

Official Journal of the European Communities

of 28 July 1999(4).

(5) On 19 September 2005, the European Committee for Standardisation adopted the standard EN 71-1:2005 ‘Safety of toys — Part 1: mechanical and physical properties’ which is a consolidated version of the harmonised standard EN 71-1:1998 and its 11 amendments.

(6) Pursuant to Article 6(1) of Directive 88/378/EEC, the Spanish authorities have raised a formal objection in respect to the requirements on projectiles toys with suction cups as an impact area intended for children above the age of three years laid down in the standard EN 71-1:2005. The Spanish authorities claim that the standard does not provide enough protection for projectiles toys intended for children above the age of three years. According to the Spanish authorities, a child older than three years might detach a suction cup from a projectile using a force higher than a force of 60 N laid down in clause 8.4.2.3 ‘test for protective components’.