S.I. No. 295/2018 - European Union (Safety of Toys) (Amendment) Regulations, 2018


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th July, 2018.

I, Heather Humphreys, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Directive 2009/48/EC of the European Parliament and of the Council of 18 June 20091 as amended by Council Directive 2017/738/EU of 27 March 20172 , Commission Directive 2017/774/EU3 of 3 May 2017 and Commission Directive 2017/898/EU4 of 24 May 2017 hereby make the following regulations:

Citation and Commencement

1. (1) These regulations may be cited as the European Union (Safety of Toys) (Amendment) Regulations, 2018.

(2) These Regulations come into operation from—

(a) 28October 2018 as regards Council Directive 2017/738/EU relating to lead,

(b) 4November 2018 as regards Commission Directive 2017/774/EU relating to phenol,

(c) 26November 2018 as regards Commission Directive 2017/898/EU relating to bisphenol A.

2. The European Communities (Safety of Toys) Regulations, 2011 ( S.I. No. 14 of 2011 ), are hereby amended in Regulation 4(1), by substituting for the definition of “Toy Safety Directive”:

“Toy Safety Directive” means Directive 2009/48/EC of the European Parliament and of the Council of 18 June 20091 as amended by—

(a) Commission Directive 2012/7/EU of 2 March 20125 ,

(b) Commission Regulation (EU) No 681/2013 of 17 July 20136 ,

(c) Commission Directive 2014/79/EU of 20 June 20147 ,

(d) Commission Directive 2014/81/EU of 23 June 20148 ,

(e) Commission Directive 2014/84/EU of 30 June 20149 ,

(f) Commission Directive 2015/2115/EU of 23 November 201510 ,

(g) Commission Directive 2015/2116/EU of 23 November 201511 ,

(h) Commission Directive 2015/2117/EU of 23 November 201512 ,

(i) Council Directive 2017/738/EU of 27 March 20172,

(j) Commission Directive 2017/774/EU of 3 may 20173,

(k) Commission Directive 2017/898/EU of 24 May 20174”.

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GIVEN under my Official Seal,

24 July 2018.

HEATHER HUMPHREYS,

Minister for Business, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to Council Directive 2017/738/EU of 27 March 2017, Commission Directive 2017/774/EU of 3 May 2017 and Commission Directive 2017/898/EU of 24 May 2017. Council Directive 2017/738/EU amends, for the purpose of adaptation to technical progress, point 13 of the table in Part III of Annex II of Directive 2009/48/EC dealing with the permitted use of lead in toys. Commission Directive 2017/774/EU and Commission Directive 2017/898/EU each amend, for the purpose of adaptation to technical progress, Appendix C to Annex II of Directive 2009/48/EC dealing with the permitted use of phenol and bisphenol A in toys.

1 OJ No L 170, 30.6.2009, p.1-37

2 OJ No L 110, 27.4.2017, p. 6-8

3 OJ No L 115, 4.5.2017, p. 47-49

4 OJ No L 138, 25.5.2017, p. 128-130

5 OJ No L 64, 3.3.2012, p.7-8

6 OJ No L 195, 18.7.2013, p.16-17

7 OJ No L 182, 21.6.2014, p.49-51

8 OJ No L 183, 24.6.2014, p.49-51

9 OJ No L 192, 1.7.2014, p. 49–51

10 OJ No L 306, 24.11.2015, p. 17–19

11 OJ No L 306, 24.11.2015, p. 20–22

12 OJ No L 306, 24.11.2015, p. 23–25