CE Marking Toys (TSD)

1. This Directive shall apply to products designed or intended, whether or not exclusively, for use in play by children under 14 years of age (hereinafter referred to as toys). 

The products listed in Annex I shall not be considered as toys within the meaning of this Directive. 

2. This Directive shall not apply to the following toys: 

(a) playground equipment intended for public use; 

(b) automatic playing machines, whether coin operated or not, intended for public use; 

(c) toy vehicles equipped with combustion engines; 

(d) toy steam engines; and 

(e) slings and catapults.

For the purposes of this Directive the following definitions shall apply: 

[…]

17. ‘functional product’ means a product which performs and is used in the same way as a product, appliance or installation intended for use by adults, and which may be a scale model of such product, appliance or installation; 

18. ‘functional toy’ means a toy which performs and is used in the same way as a product, appliance or installation intended for use by adults, and which may be a scale model of such product, appliance or installation; 

19. ‘aquatic toy’ means a toy intended for use in shallow water which is capable of carrying or supporting a child on the water; 

20. ‘design speed’ means representative potential operating speed that is determined by the design of the toy; 

21. ‘activity toy’ means a toy for domestic use in which the support structure remains stationary while the activity is taking place and which is intended for the performance by a child of any of the following activities: climbing, jumping, swinging, sliding, rocking, spinning, crawling and creeping, or any combination thereof; 

22. ‘chemical toy’ means a toy intended for the direct handling of chemical substances and mixtures and which is used in a manner appropriate to a given age-group and under the supervision of an adult; 

23. ‘olfactory board game’ means a toy the purpose of which is to assist a child to learn to recognise different odours or flavours; 

24. ‘cosmetic kit’ means a toy the purpose of which is to assist a child to learn to make products such as fragrances, soaps, creams, shampoos, bath foams, glosses, lipsticks, other make-up, tooth-paste and conditioners; 

25. ‘gustative game’ means a toy the purpose of which is to allow children to make sweets or dishes which involve the use of food ingredients such as sweets, liquids, powders and aromas; 

26. ‘harm’ means physical injury or any other damage to health, including long-term health effects; 

27. ‘hazard’ means a potential source of harm;

28. ‘risk’ means the probable rate of occurrence of a hazard causing harm and the degree of severity of the harm; 

29. ‘intended for use by’ means that a parent or supervisor shall reasonably be able to assume by virtue of the functions, dimensions and characteristics of a toy that it is intended for use by children of the stated age group.

List of products that, in particular, are not considered as toys within the meaning of this Directive (as referred to in Article 2(1)) 

1. Decorative objects for festivities and celebrations 

2. Products for collectors, provided that the product or its packaging bears a visible and legible indication that it is intended for collectors of 14 years of age and above. Examples of this category are: 

(a) detailed and faithful scale models; 

(b) kits for the assembly of detailed scale models; 

(c) folk dolls and decorative dolls and other similar articles; 

(d) historical replicas of toys; and 

(e) reproductions of real fire arms. 

3. Sports equipment, including roller skates, inline skates, and skateboards intended for children with a body mass of more than 20 kg 

4. Bicycles with a maximum saddle height of more than 435 mm, measured as the vertical distance from the ground to the top of the seat surface, with the seat in a horizontal position and with the seat pillar set to the minimum insertion mark 

5. Scooters and other means of transport designed for sport or which are intended to be used for travel on public roads or public pathways 

6. Electrically driven vehicles which are intended to be used for travel on public roads, public pathways, or the pavement thereof 

7. Aquatic equipment intended to be used in deep water, and swimming learning devices for children, such as swim seats and swimming aids 

8. Puzzles with more than 500 pieces 

9. Guns and pistols using compressed gas, with the exception of water guns and water pistols, and bows for archery over 120 cm long 

10. Fireworks, including percussion caps which are not specifically designed for toys 

11. Products and games using sharp-pointed missiles, such as sets of darts with metallic points 

12. Functional educational products, such as electric ovens, irons or other functional products operated at a nominal voltage exceeding 24 volts which are sold exclusively for teaching purposes under adult supervision 

13. Products intended for use for educational purposes in schools and other pedagogical contexts under the surveillance of an adult instructor, such as science equipment

14. Electronic equipment, such as personal computers and game consoles, used to access interactive software and their associated peripherals, unless the electronic equipment or the associated peripherals are specifically designed for and targeted at children and have a play value on their own, such as specially designed personal computers, key boards, joy sticks or steering wheels 

15. Interactive software, intended for leisure and entertainment, such as computer games, and their storage media, such as CDs 

16. Babies’ soothers 

17. Child-appealing luminaires 

18. Electrical transformers for toys 19. Fashion accessories for children which are not for use in play