What changed between the plenary report and the adopted text

Added:2. Chapter VII of this Regulation shall apply mutatis mutandis instead of Article 42, 43 and 45 of Directive 2009/48/EC to toys which were placed on the market in conformity with that Directive before … [PO insert date: the first day of the month following 30 months after the date of entry into force of this Regulation], including toys for which a procedure has already been initiated under Article 42 or 43 of Directive 2009/48/EC before … [PO insert date: the first day of the month following 3050 months after the date of entry into force of this Regulation]. [Am. 197]

Added:3. EC type-examination certificates issued in accordance with Article 20 of Directive 2009/48/EC shall remain valid until … [PO insert date: the first day of the month following 4224 months after the date of entry into forceapplication of this Regulation], unless they expire before that date. [Am. 245]

Added:Article 55 Evaluation and review

Added:1. By … [OP please insert the date = the first day of the month following 6068 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings. The report shall assess:

Added:(1) whether this Regulation, and in particular the provisions in Chapter IV, achieved the objective of ensuring a high level of protection of health and safety of children and shall assess the possibility to include adaptive toys in the scope of this Regulation;

Added:(2) the Regulation’s effect on the safety of toys' users and the proper functioning of the internal market, as well as a detailed summary of the effects on businesses, including costs of operations and competitiveness, in particular for SMEs;

Added:(3) the presence of chromium, cadmium, mercury and lead in toys and their effect on the safety of toys’ users. [Am. 199]

Added:2. Where the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment of the relevant provisions of this Regulation.

Added:Article 56 Entry into force and application

Added:This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Added:It shall apply from … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation].

Added:However, Articles 2(3), 17(10), 24 to 40, and 46 to 52, shall apply from … [OP: please insert the date of entry into force of this Regulation]. [Am. 200]

Added:This Regulation shall be binding in its entirety and directly applicable in all Member States.

Added:Done at …,

Added:For the European Parliament For the Council

Added:The President The President

Added:Annex I

Added:PRODUCTS TO WHICH THIS REGULATION DOES NOT APPLY

Added:Part I – Toys excluded from the scope of this Regulation

Added:1. Playground equipment intended for public use;

Added:2. automatic playing machines, whether coin operated or not, intended for public use;

Added:3. toy vehicles equipped with combustion engines;

Added:4. toy steam engines

Added:Part II – Products that are not considered as toys within the meaning of this Regulation

Added:1. Decorative objects for festivities and celebrations;

Added:2. products for collectors, provided that the product or its packaging bears a visible and legible indication that it is intended for collectors of 14 years and above. Examples of this category are:

Added:(a) detailed scale models;

Added:(b) kits for the assembly of detailed scale models;

Added:(c) folk dolls and decorative dolls and other similar articles;

Added:(d) historical replicas of toys; and

Added:(e) reproductions of real fire arms;

Added:3. sports equipment, including roller skates, inline skates, and other means of transport, such as skateboards and scooters intended for children with a body mass of more than 20 kg; [Am. 201]

Added:4. bicycles with a maximum saddle height of more than 435 mm, measured as the vertical distance from the ground to the top of the seat surface, with the seat in a horizontal position and with the seat pillar set to the minimum insertion mark;

Added:5. scooters and other means of transport designed for sport or which are intended to be used for travel on public roads or public pathways; [Am. 202]

Added:6. electrically driven vehicles which are intended to be used for travel on public roads, public pathways, or the pavement thereof;

Added:7. aquatic equipment intended to be used in deep water, and swimming learning devices for children, such as swim seats and swimming aids;

Added:8. puzzles with more than 500 pieces;

Added:9. guns and pistols using compressed gas, with the exception of water guns and water pistols, and bows for archery over 120 cm long;

Added:10. fireworks, including percussion caps which are not specifically designed for toys;

Added:11. products and games using sharp-pointed missiles, such as sets of darts with metallic points;

Added:12. Functional educational products, such as electric ovens, irons or other functional products operated at a nominal voltage exceeding 24 volts which are sold exclusively for teaching purposes under adult supervision.

Added:13. products intended for use for educational purposes in schools or other pedagogical contexts under the surveillance of an adult instructor, such as science equipment;

Added:14. electronic equipment, such as personal computers and game consoles, used to access interactive software and their associated peripherals or components, unless the electronic equipment or the associated peripherals or components are specifically designed for and targeted at children and have a play value on their own, such as specially designed personal computers, key boards, joy sticks or steering wheels; [Am. 203]

Added:15. interactive software, intended for leisure and entertainment, such as computer games, and their storage media;

Added:16. babies’ soothers;

Added:17. child-appealing luminaires;

Added:18. electrical transformers for toys;

Added:19. fashion accessories for children which are not for use in play;

Added:19a. Books intended for children older than 36 months, that are made entirely of paper or cardboard, without additional materials or components. [Am. 204]

Added:Annex II

Added:PARTICULAR SAFETY REQUIREMENTS

Added:Part I – Physical and Mechanical Properties

Added:1. Toys and their parts and, in the case of fixed toys, their anchorages, shall have the requisite mechanical strength and, where appropriate, stability to withstand the stresses to which they are subjected during use without breaking or becoming liable to distortion at the risk of causing physical injury.

Added:2. Accessible edges, protrusions, cords, cables and fastenings on toys shall be designed and manufactured in such a way that the risks of physical injury from contact with them are reduced as much as possible.

Added:3. Toys shall be designed and manufactured in such a way as not to present any risk to health and safety or only the minimum risk inherent to their use which could be caused by the movement of their parts.

Added:4. (a) Toys and their parts shall not present a risk of strangulation.

Added:(b) Toys and their parts shall not present a risk of asphyxiation by closing off the flow of air as a result of airway obstruction external to the mouth and nose.

Added:(c) Toys and their parts shall be of such dimensions as to not present a risk of asphyxiation by closing off the flow of air as a result of internal airway obstruction by objects wedged in the mouth or pharynx or lodged over the entrance to the lower airways.

Added:(d) Toys which are clearly intended for use by children under 36 months, and their component parts and any of their detachable parts, shall be of such dimensions as to prevent them being swallowed or inhaled. This also applies to other toys which are intended to be put in the mouth, and to their component parts and any of their detachable parts.

Added:(e) The packaging in which toys are contained for retail sale shall not present a risk of strangulation or asphyxiation caused by airway obstruction external to the mouth and nose.