Toy Industries of Europe’s (TIE) members are fully committed to the implementation of the new Toy Safety Directive (2009/48/EC), whose requirements are set by the EU’s leading experts and guarantee toy safety. The new Directive is one of the strictest pieces of consumer goods legislation worldwide.
TIE is aware of the summary judgement from the Court of Justice of the European Union’s (EU) General Court, which allows Germany to continue to apply the old limits for heavy metals until a final decision is reached in the court case on this matter. The President of the Court acknowledged that this is a ‘highly technical and complex’ issue and that an ‘in-depth examination’ is required. TIE and its members are awaiting the full judgement of the Court on what we agree is a very complex issue.
However, it would be wrong to give the impression that the new Directive is less strict where heavy metals are concerned. The new Directive is more sophisticated and scientifically accurate than the previous Directive. The new Directive differentiates between toy materials (liquid, powder-like and solid) and the ways in which children interact with the material during play, leading to substantially lower limits where exposure is more probable. Only in the category of materials where exposure is less likely have the limit values in some cases theoretically increased. This does not, however, mean that manufacturers will start adding these substances to their toys.
TIE and its members recognise the importance of science-based decisions. We should not go back to a less scientifically accurate approach that does not take into account the different exposure scenarios. If limit values for substances need to be adapted following the emergence of new scientific knowledge, the Directive contains a procedure to deal with this. These changes take place within a clear decision-making framework that is binding for all EU Member States. This procedure is currently underway for lead and barium and has already resulted in stricter restrictions for cadmium. All EU Member States except Germany have transposed the Toy Safety Directive faithfully and are confident that it ensures their children’s safety.
If there is a danger to children’s health and safety or if a particular change would introduce a safety benefit, TIE and its members would address this. We are highly aware that our children’s safety as well as the reputation and future of our companies depend on this.
