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EU: European Commission published a new toy guidance document for decorative products

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EU: European Commission Published New Toy Guidance Document for Decorative Products

MAY 2021 -TOYS AND CHILDREN'S PRODUCTS

The new guidance document No. 20 for decorative products and collectibles¹ was published by the European Commission (EC) on 17 May 2021. It helps to differentiate between toys and non-toys by providing indicative criteria with various examples on the correct classification of a product before placing it on the market on a case-by-case basis.

The declaration by the manufacturer of the intended use is one of the criteria to be considered. However, the reasonably foreseeable use should prevail over the declaration of intended use by the manufacturer. If the manufacturer marks products with “This is not a toy”, he or she must be able to support this claim and reflect it in the technical documentation. The EC also advises making use of other guidelines on grey zone products and age determination to facilitate the decision making.

According to the guidance document, decorative products can be divided into two categories:

Decorative products which are toys with dual functions; or
Decorative products which are not toys but can be confused with toys.

In the case of child appealing decorative products, the standards for toys could be used to ensure their safety in the absence of specific standards for these products.

For collectables, they are not usually considered as toys, provided that the product or its packaging bears a clear indication that it is intended for collectors of 14 years of age and above. However, they could be considered as toys if they meet the criteria provided in this guidance document.

Summary for product classification:

Product categories	Criteria for classification		Examples of toy
Product categories	Toy	Non-toy	Examples of toy
Dolls, animals, figures	3D shaped (Partly) soft filled (Partly) for cuddling Easy to handle	Product is completely or mainly made of hard and easily breakable material (e.g. porcelain, glass) Low play value 2D shaped Not easy to handle due to the weight, the dimensions, or a combination thereof	Soft filled toy (e.g. napkin holder, audio speaker); Soft toy filled with sand.
Products for interior decoration	Play value Removable/reusable: intended to be put on and taken off by children	Permanent fixed to, e.g. wall, bed, door No play value	Stickers; Pillow in animal shape; Easter art and craft that can be dressed up; Christmas bear with stocking.
Souvenirs	Designed for children Movable arms Soft filled	Fragile materials, e.g. glass Attractive to adults Relation to the place visited Detailed	Plush toys with suction cups
Party novelties for celebrations / parties	Play value (similar to disguise costumes) Possible use like similar toys Role play	Only for decoration, e.g. garlands fixed on the ceiling/out of children’s reach	Crowns and basic hats; Rollers, whistles, party blowers; Party masks; Birthday train with movable wheels; Balloons in shape of animals or child appealing characters.
Other, various and dual use products	3D shaped Play value	2D shaped No/Low play value	3D magnets and/or puzzles for refrigerator; Plush or doll attached to a key ring.
Products for adult collectors: Detailed and faithful scale models; Folk dolls, decorative dolls and other similar products	Low price Not traditionally dressed / painted Shaped like a toy	Made of hard material Fixed on, or provided with, a pedestal. Detailed Traditionally dressed / painted High price Place of selling Limited number edition Numbered, certificate of authenticity, display packaging (packaging serves as a display) Sophisticated and elaborated dress clothes	Dollhouse furniture for children to play with; Doll with removable clothes and movable limbs, which are sold at low price and are mass produced.

[1] No. 20 – Guidance document for decorative products

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CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

EU: European Commission Published New Toy Guidance Document for Decorative Products

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