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European Law Monitor newsMEPs demand that toys meet EU standards

In adopting a joint resolution on the safety of products, particularly toys, MEPs call on the Commission and the Member States to take all necessary legislative and administrative action to ensure that consumer goods that are marketed within the EU not only comply fully with existing EU standards but also do not put the health and safety of consumers at risk. The resolution was adopted with 660 votes in favour, 18 against and 7 abstentions.

The House calls on the Commission to present the planned revision of the Toys directive 88/378//EC (see link below) by the end of this year, making sure it includes efficient and effective requirements for product safety; as public health and consumer protection considerations play an important part in the Toys Directive, much clearer provisions are needed to ensure the safety of products and to provide consumers with trust in their safe use.
  
In 2006, 48% of detected unsafe products originated from China and 17% were of unidentified origin. MEPs point out that   24% of all detected unsafe products are children´s toys and that a very high proportion of the toys marketed in the EU are sourced from China.   MEPs also say that recalls of unsafe toys are fully justified, but are merely a means of last resort that does not provide effective consumer protection because, apart from the fact that they often come late, the average return rate for toy recalls is very low, meaning that the vast majority of unsafe toys normally remain with consumers.
  
David MARTIN (PES, UK) said: "I believe we need three courses of action. Firstly, we have to push manufacturers to take a greater interest in their supply chain and, if necessary, apply penalties to those who do not take that interest. Secondly, we need the Commission to bring together the Member States to ensure tougher inspections in Europe, to ensure adequate customs control and to ensure the application of the existing European Union laws."
  
Robert STURDY (EPP-ED, UK) said: "We live in a global market, and the last thing I want is to see legislation that is trade defensive. We have to accept the fact that products are going to come in from the rest of the world, but they must be of the same standard. I want to ensure the safety of my constituents • the children, the grandchildren of the people that have elected me • when they go to buy their Christmas toys to ensure and guarantee that they are not going to die from some lead paint."
  

Revision of the Toys Directive

  
The House calls on the Commission to improve the enforcement measures of the directive, including effective sanctions for non-compliance. The House calls on the Commission to present the planned revision of the Toys directive 88/378//EC by the end of this year, making sure it includes efficient and effective requirements for product safety; as public health and consumer protection considerations play an important part in the Toys Directive, much clearer provisions are needed to ensure the safety of products and to provide consumers with trust in their safe use.
  

Control of CE and other markings

  
MEPs call on the Commission to ensure that the CE marking is a guarantee of compliance with EU technical legislation, and stresses that the CE marking, given its self-regulatory character, was never intended to be an EU-wide safety mark.
  
The House urges the Commission to assess the added value of creating a common European Consumer Safety Label, complementary to the CE marking, for all economic operators, thus helping the consumer to make an informed choice between products. Parliament underlines that this European Consumer Safety Label must be voluntary and, when adopted by a producer, should replace all national safety labels.
  
The European Parliament calls on the Commission to clarify the liability of producers and importers in the event of misuse of the CE mark and considers that adequate penalties for misuse should be instituted.   Parliament calls for misuse of other voluntary marks to be made subject to penalties as well.
  

Ban on imports of dangerous consumer goods

  
MEPs call on the Commission to clarify the procedure on import bans on a case-by-case basis when safety standards are regularly not met.   The House also urges the Commission to use its powers to ban consumer goods from the EU market if they are found to be unsafe.
  

Role of Member States

  
The House calls on the Member States to ensure strict enforcement of product laws, particularly toy safety laws, and to step up efforts to improve market surveillance and especially national inspections.   MEPs also call on the Member States to make available sufficient resources to be able to undertake comprehensive and effective controls.
  
Finally, the House calls on the Member States, in compliance with Community law, to make full use of all the possible ways legally available to them of ensuring that non-compliant or unsafe toys are prevented from being placed on the market or are withdrawn or recalled from the market.