The festive season is upon us and at this time of the year it is time to start looking for those ideal gifts for your family and friends. Actually some may have started shopping much earlier in the year, but many others will wait for those last minute bargains. Either way, one thing most people take for granted is the safety aspect of those gifts that you purchase in the shops. Whilst some will use their credit cards for added protection it is worth noting that credit cards can only be reactive to the problems that may arise. What we need is a proactive tool to ensure that there are no problems to arise in the first place and this is where the CE mark comes in.
When a product is being placed on the UK and European market, the manufacturer or importer must ensure that it complies with all of the relevant product legislation. In the example of a toy, it is likely that it will fall under the Safety of Toys Directive (2009/48/EC) and as such be required to be safe and to illustrate this by having the CE marking affixed. However, the CE mark itself is not really a consumer mark; it is a legal mark that must be affixed if someone wishes to place a product on the market. Consumers should not generally be expected to check whether they are being sold legal or illegal goods, in the same way that persons traveling on a bus would not be expected to check whether the bus driver has the appropriate driving license. So whilst consumers should be less concerned about checking for the CE mark of items that they purchase from within a shop, things get a little bit more complicated if you were to purchase goods online.
The recent growth in internet shopping has started to highlight some of the limits of the existing product safety legislation, with the main one being that European product legislation only applies to those within Europe. Since the internet allows us to easily purchase goods from anyone around the world, the current legislation will not stop websites that are based outside of Europe from selling non-CE marked products into Europe. The responsibility will lie with the person who imports the goods into Europe. This can also apply to persons selling new items on well-known auction websites.
So before you buy online, make a note to check where you are buying the goods from (inside or out of Europe). Also ask the seller if the goods are CE marked and if you can get a copy of a valid Declaration of Conformity (the legal document that must be completed before the CE marking can be affixed). For items purchased outside of Europe, you may wish to request and review test reports from approved test laboratories. Only when you are happy that all is well, would we recommend that you proceed with your purchase. Just a couple of final things to note; firstly not all products are required to be CE marked (only those covered by CE marking legislation) and secondly the Directives use specific definitions for items in scope, so for example not everything that you would find within a toy shop will be defined as a toy. So hopefully with the guidance above and the further support on offer below, you will be able to purchase Christmas gifts with greater confidence.
More help and support
If you are an importer or manufacturer of toys, or other Christmas gifts, and you need support then please get in contact with our technical team on 01527 595066, who can assist you with your conformity requirements.
If you are a consumer, whilst we would be happy to help, we would recommend contacting your local branch of Trading Standards, who have greater powers to investigate issues relating to non-conformities.
Please also see our quick guide to the Safety of Toys Directive.
