S.I. No. 249/2021 - European Communities (Safety of Toys) (Amendment) Regulations 2021


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st May, 2021.

I, ROBERT TROY, Minister of State for Trade Promotion, Digital and Company Regulation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and by the Business, Enterprise and Innovation (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 519 of 2020 ) and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order 2020 ( S.I. No. 580 of 2020 ), and for the purpose of giving full effect to Directive 2009/48/EC of the European Parliament and of the Council of 18 June 20091 , as amended, hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Safety of Toys) (Amendment) Regulations 2021.

(2) These Regulations, other than Regulation 4, shall come into operation on 20 May 2021.

(3) Regulation 4 shall come into operation on 21 May 2021.

2. In these Regulations, “Principal Regulations” means the European Communities (Safety of Toys) Regulations 2011 ( S.I. No. 14 of 2011 ).

3. The Principal Regulations are amended -

(a) in Regulation 4(1) -

(i) by the insertion of the following definition:

“ ‘European act’ means an act adopted by an institution of the European Union or an institution of the European Communities;”, and

(ii) by the substitution of the following definition 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 the European acts specified in Schedule 1;”,

(b) by the substitution of “Schedule 2” for “the Schedule” in each place that it occurs,

(c) by the insertion of the following Schedule:

“Schedule 1

Regulation 4

Toy Safety Directive

1. Commission Directive 2012/7/EU of 2 March 20122 ,

2. Commission Regulation (EU) No 681/2013 of 17 July 20133 ,

3. Commission Directive 2014/79/EU of 20 June 20144 ,

4. Commission Directive 2014/81/EU of 23 June 20145 ,

5. Commission Directive 2014/84/EU of 30 June 20146 ,

6. Commission Directive 2015/2115/EU of 23 November 20157 ,

7. Commission Directive 2015/2116/EU of 23 November 20158 ,

8. Commission Directive 2015/2117/EU of 23 November 20159 ,

9. Council Directive 2017/738/EU of 27 March 201710 ,

10. Commission Directive 2017/774/EU of 3 May 201711 ,

11. Commission Directive 2017/898/EU of 24 May 201712 ,

12. Commission Directive 2018/725/EU of 16 May 201813 ,

13. Commission Directive (EU) 2019/1922 of 18 November 201914 .”, and

(d) by renumbering the existing Schedule as Schedule 2.

4. Schedule 1 to the Principal Regulations is amended by the insertion of the following paragraph after paragraph 13:

“14. Commission Directive (EU) 2019/1929 of 19 November 201915 .”

5. The following are revoked:

(a) European Communities (Safety of Toys) (Amendment) Regulations 2013 ( S.I. No. 13 of 2013 );

(b) European Communities (Safety of Toys) (Amendment) (No. 2) Regulations 2015 ( S.I. No. 572 of 2015 );

(c) European Union (Safety of Toys) (Amendment) Regulations 2017 ( S.I. No. 176 of 2017 );

(d) European Union (Safety of Toys) (Amendment) (No. 2) Regulations 2017 (S.I. No. 568 of 2017);

(e) European Union (Safety of Toys) (Amendment) Regulations 2018 ( S.I. No. 295 of 2018 );

(f) European Union (Safety of Toys) (Amendment) Regulations 2019 ( S.I. No. 362 of 2019 ).

GIVEN under my hand,

18 May 2021

ROBERT TROY,

Minister of State for Trade Promotion, Digital and Company Regulation.

EXPLANATORY NOTE

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

These Regulations give effect to two Commission Directives (Directive 2019/1922/EU of 18 November 2019 and Directive 2019/1929/EU of 19 November 2019). Directive 2019/1922/EU amends point 13 of part III of Annex II of the Toys Safety Directive (Council Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the Safety of Toys), regarding the migration limits for aluminium from toys or components of toys. Directive 2019/1929/EU amends Appendix C to Annex II of the Toys Safety Directive for the purpose of adopting specific limit values for chemicals used in certain toys, as regards formaldehyde.

1 OJ L 170, 30.6.2009, p.1

1 OJ L 170, 30.6.2009, p.1

2 OJ L 64, 3.3.2012, p.7

3 OJ L 195, 18.7.2013, p.16

4 OJ L 182, 21.6.2014, p. 49

5 OJ L 183, 24.6.2014, p. 49

6 OJ L 192, 1.7.2014, p. 49

7 OJ L 306, 24.11.2015, p. 17

8 OJ L 306, 24.11.2015, p. 20

9 OJ L 306, 24.11.2015, p. 23

10 OJ L 110, 27.4.2017, p. 6

11 OJ L 115, 4.5.2017, p. 47

12 OJ L 138, 25.5.2017, p. 128

13 OJ L 122, 17.5.2018, p. 29

14 OJ L 298, 19.11.2019, p. 5

15 OJ L 299, 20.11.2019, p. 51