LegalizeS.I. No. 14/2011 - European Communities (Safety of Toys) Regulations 2011
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
14 amending acts · 2026-07-24, S.I. No. 356/2026 - European Communities (Safety of Toys) (Amendment) Regulations 2026
- (2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under Regulation 48 or Regulation 50 may be instituted at any time within 12 months from the date on which the offence was committed or alleged to have been committed.
Service of notices etc.
53.
(1) A notice or other document required or authorised to be served on, sent or given to a person under these Regulations shall, subject to paragraph (2), be addressed to the person concerned by name, and may be served on, sent or given to the person in one of the following ways:
- (a) by delivering it to the person;
- (b) by leaving it at the address at which the person ordinarily resides or, in a case where an address for service has been furnished, at that address;
- (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address;
- (d) where the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry and the notice or other document relates to any place of business, by delivering it to a person over the age of 16 years resident or employed at the place of business or by affixing it in a conspicuous position at or near the place of business;
- (e) if the person concerned has agreed to service of notices by means of an electronic communication (within the meaning assigned by section 2 of the Electronic Commerce Act 2000 ), service by such means, provided that there is a facility for confirming receipt of electronic communication and that such receipt has been confirmed;
- (f) where there is a facility for receiving a facsimile of the notice by electronic means at the address at which the person ordinarily resides or carries on business, by transmitting a facsimile of the notice by such means to that address, or
- (g) by any other means that may be prescribed.
- (2) Where a notice or other document required or authorised under these Regulations is to be served on, sent or given to a person who is the owner or occupier of a place of business and the name of the person cannot be ascertained by reasonable inquiry, it may be addressed to the person by using the words, “the owner” or, as the case may require, “the occupier”.
- (3) or the purposes of these Regulations, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
SCHEDULE Minimum criteria for a notified body in the State.
A conformity assessment body shall be a third-party body independent of the organisation or the toy it assesses. A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of toys which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.
A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the toys which they assess, nor the authorised representative of any of those parties. This shall not preclude the use of assessed toys that are necessary for the operations of the conformity assessment body or the use of such toys for personal purposes.
A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks shall not be directly involved in the design or manufacture, the marketing, installation, use or maintenance of those toys, or represent the parties engaged in those activities. They shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are notified. This shall in particular apply to consultancy services.
Conformity assessment bodies shall ensure that the activities of their subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.
Conformity assessment bodies and their personnel shall carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those activities.
Conformity assessment bodies shall be capable of carrying out the conformity assessment tasks assigned to them by the provisions of Regulation 20 and in relation to which they have been notified, whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility.
Conformity assessment bodies shall be established under the law of the State and shall have legal personality.
The personnel responsible for carrying out the conformity assessment activities shall have:
- (a) sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;
- (b) satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments;
- (c) appropriate knowledge and understanding of the essential requirements, of the applicable harmonised standards and of the relevant Community harmonisation legislation and of its implementing regulations;
- (d) the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.
The impartiality of conformity assessment bodies, their top level management and assessment personnel shall be ensured. The remuneration of the top level management and assessment personnel of a conformity assessment body shall not depend on the number of assessments carried out or on the results of those assessments.
The body shall take out liability insurance in an amount acceptable to the Minister.
The staff of the body shall be bound to observe professional secrecy (except as regards information provided to the Agency) with regard to all information obtained in carrying out its tasks under these Regulations. Proprietary rights shall be protected.
Conformity assessment bodies shall participate in, or ensure that their assessment personnel are informed of, the relevant standardisation activities and the activities of the Commission coordination group or groups established under the Toy Safety Directive and shall apply as general guidance the administrative decisions and documents produced as a result of the work of that group or groups.
Where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements set out in this Schedule, and shall inform the Minister accordingly.
Notified bodies shall take full responsibility for the tasks performed by subcontractors or subsidiaries, wherever these are established.
Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client.
Notified bodies shall keep at the disposal of the Minister the relevant documents concerning the assessment of the qualifications of the subcontractor or the subsidiary and the work carried out by them under Regulation 20.
Where a conformity assessment body demonstrates its conformity with the criteria laid down in relevant harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, it shall be presumed to comply with the requirements set out in this Schedule insofar as the applicable harmonised standards cover those requirements.
GIVEN under my Official Seal,
20 January 2011.
BATT O’KEEFFE,
Minister for Enterprise, Trade and Innovation.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations transpose Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys and replaces S.I. No. 32 of 1990 . They prohibit the placing of toys on the market unless they are safe.
These Regulations set down updated safety requirements for placing toys on the market, conformity assessment and CE marking, and also set down a requirement to ensure risk assessment is carried out for toys. The Regulations make provision for the appointment and monitoring of Notified Bodies and for the appointment and functions of the National Consumer Agency as the Competent Authority responsible for enforcing the Regulations and the carrying out of market surveillance.
Toys must carry (i) a CE mark indicating that they conform to the relevant harmonised EC standards and/or that they have been approved by an Approved Body and (ii) on the toys or on the packaging, the name and address of the manufacturer or his authorised representative established within the Community or the importer of the toys into the Community.
The person first putting toys on the market must keep available for inspection a dossier giving detailed information about the manufacturer/storage of the toys and a description of the means whereby conformity with the legal requirements was established.
The penalties applicable to breach of these Regulations have been updated and increased.
Toys placed on the market prior to the making of these Regulations are covered by S.I. No. 32 of 1990 which sets out the safety requirements applicable.
Footnotes
OJ No. L 170, 30.6.2009, p. 1.
OJ No. L 187, 16.7.1988, p. 1.
OJ No. L 218, 13.8.2008, p. 30.
OJ No. L 170, 30.6.2009, p. 1
OJ No. L 218, 13.8.2008, p. 82.
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