NEWSupdate:2012-03-07NO.: DOC120303-01GUIDANCE DOCUMENT No. 15 ON THE APPLICATION OF THE DIRECTIVE ON THE SAFETY OF TOYSWriting instruments and stationary itemsThe Safety of Toys Directive 2009 /48/EC defines toys as products "designed or intended, whether or not exclusively, for use in play by children under 14 years of age", but does not contain any specific provisions concerning writing materials. Colouring and painting articles are considered as toys according to
the Toy safety Directive 2009/48/EC, provided that these products are
not intended for artistic use. Writing or drawing articles which can not only write, but can also
be used for play (blowing bubbles pens, animal shaped pens, etc) are
considered as toys and have to comply with the Toy safety directive's
requirements. Stationery items generally have an educational and functional purpose.
Adding features and decorations is not generally considered as enough
to change the purpose of these products, as no play value is introduced.
This line of reasoning may apply to notebooks, address books, kits containing
pencils, stickers, writing sets containing pads of paper, envelopes
and sometimes a pen, all colored or decorated with coordinated patterns,
sheets of stickers for decorating letter paper, rulers, compasses etc.
Stationery items have to comply with the general safety requirement
contained in Directive 2001/95/EC (General Product Safety Directive). However, when a play value is intentionally introduced by the manufacturer
in addition to the functional and education value of stationery items
and according to indicative criteria laid down in "Guidance document
No. 4 on the classification of grey zone products", the product
can be considered to be a toy and has to comply with the Toy safety
directive’s requirements. Writing instruments and stationary classified as toys have to comply
with the Toy safety directive 2009/48/EC and other applicable EU legislation,
e.g. entries 51 and 52 of the REACH Regulation related to phthalates.
Manufacturers may also refer to international standards such as ISO
11540 "Caps for writing and marking instruments intended for use
by children up to 14 years of age - Safety requirements" when assessing
the hazards the toy may present. Please refer to the below PDF for detail: |
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