PART 2U.K.Prohibitions and Obligations on Economic Operators

All economic operatorsU.K.

Identification of economic operators to enforcement authoritiesU.K.

38.—(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 [F1UK] markingE+W+S

39.—(1) A person must not affix a [F1UK] 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 [F1UK] 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 [F1UK] 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 [F1UK] 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 [F1UK] marking is not thereby impaired.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Protection of CE markingN.I.

39.—(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.

[F5(2A) 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.

Textual Amendments

[F3Obligations which are met by complying with obligations in the DirectiveE+W+S

39A.—(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”.

Textual Amendments

Expiry of regulation 39AE+W+S

39AA.—(1) Subject to paragraph (2), regulation 39A ceases to have effect at the end of the period of [F424 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.

Textual Amendments

Qualifying Northern Ireland GoodsE+W+S

39AB.—(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.]

Textual Amendments