Safety of Toys (Amendment) Regulations, 2018

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,083, 6 ta’ Novembru, 2018

L.N. 359 of 2018

PRODUCT SAFETY ACT

(CAP. 427)

Safety of Toys (Amendment) Regulations, 2018

IN EXERCISE of the powers conferred by articles 38 and 39 of

the Product Safety Act, the Minister for Ministry for Justice, Culture

and Local Government, on the advice of the Malta Competition and

Consumer Affairs Authority, has made the following regulations:-

The title of these regulations is the Safety of Toys Citation.

(Amendment) Regulations, 2018, and these regulations shall be read

and construed as one with the Safety of Toys Regulations, hereinafter S.L. 427.40

referred to as "the principal regulations".

Sub-regulation (2) of regulation 1 of the principal Amends

regulation 1 of

regulations shall be substituted by the following

the principal

regulations.

"(2) These regulations lay down rules on the safety of toys and

on their free movement in the Community and transpose the

following

(a)

Directives 88/378/EEC, 2008/112/EC, 2009/48/

EC, 2012/7/EU and 2009/48/EC;

(b)

Commission Directive (EU) 2015/2115 of

23November 2015 amending, for the purpose of adopting

specific limit values for chemicals used in toys, Appendix C to

Annex II to Directive 2009/48/EC of the European Parliament

and of the Council on the safety of toys, as regards formamide;

(c)

Commission Directive (EU) 2015/2116 of

23November 2015 amending, for the purpose of adopting

specific limit values for chemicals used in toys, Appendix C to

Annex II to Directive 2009/48/EC of the European Parliament

and of the Council on the safety of toys, as regards

benzisothiazolinone;

(d)

Commission Directive (EU) 2015/2117 of

23November 2015 amending, for the purpose of adopting

specific limit values for chemicals used in toys, Appendix C to

Annex II to Directive 2009/48/EC of the European Parliament

and of the Council on the safety of toys, as regards

chloromethylisothiazolinone and methylisothiazolinone, both

individually and in a ratio of 3:1;

(e)

Council Directive (EU) 2017/738 of 27 March

2017 amending, for the purpose of adapting to technical

progress, Annex II to Directive 2009/48/EC of the European

Parliament and of the Council on the safety of toys, as regard

lead;

(f)

Commission Directive (EU) 2017/774 of 3 May

2017 amending, for the purpose of adopting specific limit

values for chemicals used in toys, Appendix C to Annex II to

Directive 2009/48/EC of the European Parliament and of the

Council on the safety of toys, as regards phenol; and

(g)

Commission Directive (EU) 2017/898 of 24 May

2017 amending, for the purpose of adopting specific limit

values for chemicals used in toys, Appendix C to Annex II to

Directive 2009/48/EC of the European Parliament and of the

Council on the safety of toys, as regards bisphenol A.

(3) These regulations shall apply to toys falling under the

scope of the principal regulations.

(4)

These regulations shall come into force as follows

(a)

regulation 1(2)(e) shall apply from 28 October 2018;

(b)

regulation 1(2)(f) shall apply from 4 November 2018;

(c)

regulation 1(2)(g) shall apply from 26 November

2018.".

In the table under point 15 of Part IV of Schedule I to the

principal regulations, the entry for ‘lead’ shall be substituted by the

following

"

Element

mg/kg in dry,

mg/kg in

mg/kg in scraped-off

brittle, powder-like

liquid or

toy material

or pliable toy

sticky toy

material

material

"Lead

2,0

0,5

".

Schedule III to the principal regulations shall be amended Amends

Schedule III to

as follows

the principal

regulations.

(a) the entry for ‘Bisphenol A’ shall be substituted by the

following

Substance

CAS No

Limit value

Bisphenol A

80-05-7

0,04 mg/l (migration limit) in

accordance with the methods laid

down in EN 71-10:2005 and EN 71-

11:2005

"; and

(b) immediately after the entry ‘Formamide’ there shall

be added the following

Substance

CAS No

Limit value

108-95-2

5 mg/l (migration limit) in

polymeric materials in accordance

with the methods laid down in EN

71-10:2005 and EN 71-11:2005"

10mg/kg (content limit) as a

preservative in accordance with the

methods laid down in EN 71-

10:2005 and EN 71-11:2005"

".

€0.18