EC mark and other information on or accompanying toys9

1

Subject to paragraph (2) below, there shall be put on every toy to which these Regulations apply, or on the packaging of the toy, the EC mark by which–

a

where the toy has been manufactured in accordance with the relevant national standards and those standards relate to all the matters covered by the essential safety requirements applicable to the toy, the manufacturer or his authorised representative established in the Community confirms that the toy complies with those standards; or

b

where–

i

the toy has not been manufactured in accordance with the relevant national standards applicable to that toy; or

ii

the toy has been manufactured only partly in accordance with such standards; or

iii

no such standards exist; or

iv

the relevant national standards relate only to some of the essential safety requirements applicable to the toy,

the manufacturer or his authorised representative established in the Community confirms that the toy conforms with a model in respect of which an EC type-examination certificate is in force,

together with the name or trade name or mark and the address of the manufacturer if he is established in the Community or his authorised representative if he is so established or if neither is so established the importer into the Community in a visible, easily legible and indelible form, provided that the trade name or mark may only appear as an alternative to the name if such trade name or mark enables such manufacturer, authorised representative or importer to be identified.

2

In the case of a small toy or a toy consisting of small parts the information (including the EC mark) mentioned in paragraph (1) above may appear instead of as provided in paragraph (1) above in a visible, easily legible and indelible form–

a

on a label attached to the toy;

b

on an accompanying printed label or leaflet; or

c

where the toy is not individually packaged, on the box or other packaging containing the toy and other toys of the same kind.

3

Where the information (including the EC mark) mentioned in paragraph (1) above does not appear on, or is not attached to, the toy, the attention of any person to whom the toy is supplied for private use or consumption shall be drawn to the advisability of keeping or noting such information, as the case may be.

4

Any of the information mentioned in paragraph (1) above, other than the EC mark, may be abbreviated provided that the abbreviation enables such manufacturer, authorised representative or importer as is mentioned in that paragraph to be identified.

5

Information shall not be given in connection with a toy by means of a misleading mark or inscription or otherwise which is likely to be confused with the EC mark.

6

Toys shall be accompanied by the appropriate warnings and indications of precautions to be taken during use contained in Annex IV of the Directive which is set out in Schedule 4.

7

It shall not be a sufficient compliance with paragraph (6) above to give information in a language other than English.