PART 2Prohibitions and Obligations on Economic Operators

All economic operators

Identification of economic operators to enforcement authorities38

1

An enforcement authority may, before the end of the period specified in paragraph (3), request an economic operator to identify to the authority, within such period as the authority may specify—

a

any other economic operator who has supplied it with a toy; and

b

any other economic operator to whom it has supplied a toy.

2

The economic operator must comply with the request.

3

The period is—

a

where the request is made to a manufacturer, 10 years after the day on which the toy was placed on the market;

b

where the request is made to any other economic operator, 10 years after the day on which the economic operator was supplied with the toy.

Protection of F3UK markingE139

1

A person must not affix a F3UK marking in relation to a toy unless—

a

the person is—

i

the manufacturer; or

ii

an authorised representative of the manufacturer who has been appointed by the manufacturer F2... to affix the F3UK marking on the manufacturer's behalf; and

b

it has been demonstrated by performance of the applicable conformity assessment procedure that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.

2

A person must not affix any marking in relation to a toy which—

a

is not a F3UK marking; but

b

purports to attest that the toy satisfies the essential safety requirements.

3

A person must not affix in relation to a toy any marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the F3UK marking affixed in relation to the toy.

4

Any other marking may be affixed in relation to a toy provided that the visibility, legibility and meaning of the F3UK marking is not thereby impaired.

Protection of CE marking39

1

A person must not affix a CE marking in relation to a toy unless—

a

the person is—

i

the manufacturer; or

ii

an authorised representative of the manufacturer who has been appointed by the manufacturer in accordance with regulation 25(1) to affix the CE marking on the manufacturer's behalf; and

b

it has been demonstrated by performance of the applicable conformity assessment procedure that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.

2

A person must not affix any marking in relation to a toy which—

a

is not a CE marking; but

b

purports to attest that the toy satisfies the essential safety requirements.

F42A

Paragraph (2) does not apply to the UK(NI) indication.

3

A person must not affix in relation to a toy any marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking affixed in relation to the toy.

4

Any other marking may be affixed in relation to a toy provided that the visibility, legibility and meaning of the CE marking is not thereby impaired.

F1Obligations which are met by complying with obligations in the Directive39A

1

In this regulation—

a

any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

b

“CE marking” has the meaning given to it in Article 3(16);

c

“harmonised standard” has the meaning given to it in Article 3(8);

2

Subject to paragraphs (6) and (7) paragraph (3) applies where, before placing a toy on the UK market, a manufacturer—

a

ensures that the toy has been designed and manufactured in accordance with the requirements set out in—

i

in Article 10 (essential safety requirements); and

ii

Annex II (particular safety requirements);

b

carries out the safety assessment in accordance with Article 18;

c

ensures that the relevant conformity assessment procedure has been carried out in accordance with Article 19;

d

in cases where the manufacturer considers that Article 19(3) applies, ensures that the provisions of Article 20 are complied with;

e

draws up the technical documentation in accordance with Article 21(1);

f

ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

g

affixes the CE marking in accordance with Articles 16 and 17;

h

draws up an EC declaration of conformity, in accordance with Article 15; and

i

ensures that the EC declaration of conformity is prepared in or translated into English.

3

Where this paragraph applies—

a

the requirements of regulations 10 to 15, 16(1) to (2), 17(1) to (4) and 18, are to be treated as being satisfied;

b

regulations 16(4) to (5), 17(5) and (10), 21, 22, 39 and 44 are to be read subject to the modifications in paragraph (10);

c

regulations 42 to 44 do not apply; and

d

regulation 52 does not apply.

4

Subject to paragraphs (6) and (7), paragraph (5) applies, where before placing a toy on the market, the importer ensures that—

a

the relevant conformity assessment procedure that applies to that toy has been carried out in accordance with Article 19;

b

the manufacturer has drawn up the technical documentation in accordance with Article 21(1); and

c

the toy bears the CE marking affixed in accordance with Articles 16 and 17.

5

Where this paragraph applies—

a

the requirements in regulation 26(a)(i) to (iii) are to be treated as being satisfied; and

b

regulations 26(1), 28 and 30 to 32 are to be read subject to the modifications in paragraph (10).

6

This paragraph applies where there is no designated standard or part of a designated standard which corresponds exactly to a harmonised standard or part of a harmonised standard.

7

Where paragraph (6) applies paragraphs (2)(c) and (4)(a) are to be treated as requiring the manufacturer to carry out the conformity assessment procedure referred to in Article 19(3).

8

Paragraph (9) applies where before making a toy available on the market, a distributor ensures that the manufacturer has affixed the CE marking in accordance with Articles 16 and 17.

9

Where this paragraph applies—

a

regulation 33(3)(a)(i) is to be treated as being satisfied;

b

regulation 33(2), 34, 35 and 37 are to be read subject to the modifications in paragraph (10).

10

The modifications referred to in paragraphs (3)(b), (5)(b) and (9)(b) are that—

a

any reference to “declaration of conformity” is to be read as a reference to the EC declaration of conformity;

b

any reference to “UK marking” is to be read as a reference to the CE marking;

c

any reference to “essential safety requirements” is to be read as a reference to the requirements set out in—

i

in Article 10 (essential safety requirements); and

ii

Annex II (particular safety requirements);

d

any reference to “designated standard” is to be read as a reference to a harmonised standard;

e

any reference to “applicable conformity assessment procedure” is to be read as a reference to the applicable conformity assessment procedures referred to in Article 19;

f

any reference to “technical documentation” is a reference to the technical documentation referred to in Article 21(1);

g

any reference to “authorised representative” is a reference to a person appointed in accordance with Article 5; and

h

any reference to “Type examination” is a reference to “EC-type examination”.

Expiry of regulation 39A39AA

1

Subject to paragraph (2), regulation 39A ceases to have effect at the end of the period of 12 months beginning with IP completion day.

2

Notwithstanding the expiry of regulation 39A—

a

any toy which was placed on the market pursuant to regulation 39A may continue to be made available on the market on or after the expiry of regulation 39A;

b

any obligation to which a person was subject under regulation 39A in respect of a toy placed on the market pursuant to regulation 39A continues to have effect after the expiry of regulation 39A, in respect of that toy.

Qualifying Northern Ireland Goods39AB

1

Where paragraph (2) applies—

a

a toy is to be treated as being in conformity with the essential safety requirements; and

b

each relevant economic operator is to be treated as having complied or as complying with the obligations imposed on them under Part 2.

2

This paragraph applies where—

a

a toy is—

i

in conformity with the essential safety requirements, within the meaning of regulation 3 as it applies in Northern Ireland; and

ii

qualifying Northern Ireland goods;

b

each relevant economic operator has complied or is complying with the obligations imposed on them under Part 2, as that Part applies in Northern Ireland; and

c

an importer has complied with the obligations set out in paragraph (3).

3

The obligations referred to in paragraph (2)(c) are that, before placing the toy on the market, the importer—

a

complies with regulation 27;

b

ensures that—

i

the applicable conformity assessment procedure has been carried out;

ii

the manufacturer has drawn up the technical documentation; and

iii

the toy bears the CE marking.

4

In this regulation—

  • “applicable conformity assessment procedure” means the conformity assessment procedure applicable to the toy under regulation 15, as it applies in Northern Ireland;

  • “CE marking” has the meaning given to it in regulation 3, as it applies in Northern Ireland;

  • “qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

  • “technical documentation” means the technical documentation that a manufacturer has to draw up in accordance with regulation 17, as it applies in Northern Ireland.