S.I. No. 331/2021 - European Communities (Safety of Toys) (Amendment) (No. 2) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th July, 2021.

I, LEO VARADKAR, Minister for Enterprise, Trade and Employment, 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 Commission Directive (EU) 2019/1929 of 19 November 2019² , hereby make the following regulations:

1.

• (2) These Regulations, other than Regulation 4, shall be deemed to have come into operation on 20 May 2021.

• (3) Regulation 4 shall be deemed to have come into operation on 21 May 2021.

2.

3.

• (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 2012³ ,

2. Commission Regulation (EU) No 681/2013 of 17 July 2013⁴ ,

3. Commission Directive 2014/79/EU of 20 June 2014⁵ ,

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

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

“14. Commission Directive (EU) 2019/1929 of 19 November 2019² .”

• (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 );

• (g) European Communities (Safety of Toys) (Amendment) Regulations 2021 ( S.I. No. 249 of 2021 ).

GIVEN under my Official Seal,

6 July, 2021.

LEO VARADKAR,

Minister for Enterprise, Trade and Employment.

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.

Footnotes