2009-48-EC Safety_of_toys

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A6865E78A2204F238E5E0D09764DF1FE

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0.6

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37

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pdf

日期:

2011-7-14

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I,(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory),DIRECTIVES,DIRECTIVE 2009/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL,of 18 June 2009,on the safety of toys,(Text with EEA relevance),THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and Social Committee ( 1 ),Acting in accordance with the procedure laid down in Article 251 of the Treaty ( 2 ),Whereas:,(1) Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys ( 3 ) was adopted in the context of establishing the internal market in order to harmonise the safety levels of toys throughout the Member States and to remove obstacles to trade in toys between Member States.,(2) Directive 88/378/EEC is based on the New Approach principles, as set out in the Council Resolution of 7 May 1985 on a new approach to technical harmonisation,and standards ( 4 ). Thus, it sets out only the,essential safety requirements with regard to toys,including the particular safety requirements regarding,physical and mechanical properties, flammability,chemical properties, electrical properties, hygiene and,radioactivity. Technical details are adopted by the,European Committee for Standardisation (CEN) and the,European Committee for Electrotechnical Standardisation,(Cenelec) in accordance with Directive 98/34/EC of the,European Parliament and of the Council of 22 June 1998,laying down a procedure for the provision of information,in the field of technical standards and regulations,and of rules on Information Society services ( 5 ).,Conformity with harmonised standards so set, the,reference number of which is published in the Official,Journal of the European Union, provides a presumption,of conformity with the requirements of Directive,88/378/EEC. Experience has shown that these basic principles,have worked well in the toys sector and should be,maintained.,(3) Technological developments in the toys market have,however, raised new issues with respect to the safety of,toys and have given rise to increased consumer concerns.,In order to take account of those developments and to,provide clarification in relation to the framework within,which toys may be marketed, certain aspects of Directive,88/378/EEC should be revised and enhanced and, in the,interests of clarity, that Directive should be replaced by,this Directive.,(4) Toys are also subject to Directive 2001/95/EC of the,European Parliament and of the Council of,3 December 2001 on general product safety ( 6 ), which,applies in a complementary manner to specific sectoral,legislation.,(5) Regulation (EC) No 765/2008 of the European,Parliament and of the Council of 9 July 2008 setting,out the requirements for accreditation and market,surveillance relating to the marketing of products ( 7 ),lays down horizontal provisions on the accreditation of,conformity assessment bodies, on the CE marking and,on the Community market surveillance framework for,and controls of, products entering the Community,market which also apply to the toys sector.,30.6.2009 EN Official Journal of the European Union L 170/1,( 1 ) OJ C 77, 31.3.2009, p. 8.,( 2 ) Opinion of the European Parliament of 18 December 2008 (not yet,published in the Official Journal) and Council Decision of 11 May,2009.,( 3 ) OJ L 187, 16.7.1988, p. 1.,( 4 ) OJ C 136, 4.6.1985, p. 1.,( 5 ) OJ L 204, 21.7.1998, p. 37.,( 6 ) OJ L 11, 15.1.2002, p. 4.,( 7 ) OJ L 218, 13.8.2008, p. 30.,(6) Decision No 768/2008/EC of the European Parliament,and of the Council of 9 July 2008 on a common,framework for the marketing of products ( 1 ) provides,common principles and reference provisions for the,purposes of legislation based on the New Approach principles.,In order to ensure consistency with other sectoral,product legislation, it is appropriate to align certain,provisions of this Directive to that Decision, in so far,as sectoral specificities do not require a different solution.,Therefore, certain definitions, the general obligations of,economic operators, the presumption of conformity,formal objections against harmonised standards, rules,for the CE marking, requirements for conformity,assessment bodies and notification procedures and the,provisions concerning procedures dealing with products,presenting a risk should be aligned to that Decision.,(7) In order to facilitate the application of this Directive by,manufacturers and national authorities, ……

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