10.—(1) Subject to paragraphs (2), (3), (4) and (10) below, no person shall supply any toy to which these Regulations apply and which does not have affixed to it or to its packaging the CE marking 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) No manufacturer of any toy to which these Regulations apply nor any authorised representative in the Community of such a manufacturer shall supply any such toy to which or to whose packaging the CE marking is affixed unless he thereby confirms that all the provisions of these Regulations which relate to that toy have been complied with and that—
(a)where the toy has been manufactured in accordance with the relevant national standards applicable to it and those standards relate to all the matters covered by the essential safety requirements applicable to the toy, 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,
that the toy conforms with a model in respect of which an EC type-examination certificate is in force.
(3) In the case of a small toy or a toy consisting of small parts the information (including the CE marking) mentioned in paragraph (1) above may appear instead of as provided in that paragraph 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.
(4) Paragraphs (1), (2) and (3) shall not apply in relation to a toy which has previously been supplied to any person who acquired it for private use or consumption.
(5) Where the information (including the CE marking) 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.
(6) Any of the information mentioned in paragraph (1) above, other than the CE marking, may be abbreviated provided that the abbreviation enables such manufacturer, authorised representative or importer as is mentioned in that paragraph to be identified.
(7) Information shall not be given in connection with a toy by means of a marking which is likely to deceive any person as to the meaning and the form of the CE marking and any other marking may be affixed to the toy, its packaging or a label provided that the visibility and legibility of the CE marking is not thereby reduced.
(8) Toys shall be accompanied by the appropriate warnings and indications of precautions to be taken during use contained in Annex IV of the Toys Directive which is set out in Schedule 4.
(9) It shall not be a sufficient compliance with paragraph (8) above to give information in a language other than English.
(10) Notwithstanding the provisions of paragraph (1) above, until 1st January 1997 the manufacturer or his authorised representative established in the Community may put on every toy in the manner described in that paragraph the CE marking to confirm only that that toy complies with the provisions of sub-paragraphs (a) or (b) of paragraph (2) as the case may be and by which he does not confirm that all the provisions of these Regulations which relate to that toy have been complied with, and in which event the provisions of paragraphs (11) and (12) below and Schedule 5 shall not have effect in relation to that toy.
(11) Except in the case of a toy which in the opinion of the enforcement authority is likely to jeopardise the safety or health of any person, where an enforcement authority has reasonable grounds for suspecting that the CE marking has been affixed to any toy to which these Regulations apply in relation to which any provision of these Regulations has not been complied with in respect of that toy it may serve a notice (“a compliance notice”) on the manufacturer of that toy or his authorised representative established in the Community and in such a case sections 13, 14, 16 or 17 of the 1987 Act shall not be applied until such a notice has been so served and the person upon whom it has been served has failed to comply with its requirements.
(12) Schedule 5 shall have effect in respect of a compliance notice.
Commencement Information
I1Reg. 10 in force at 24.2.1995, see reg. 1(1)