A new EU product safety law comes into force in July 2021. It applies to all EU fulfilment services and existing products so, despite its future date, is relevant right now to EU-friendly games publishers.
The short read
If your product line is entirely typical printed books, such as RPG rulebooks, this law does not apply and needs no further action.
From July 2021, all regulated products (CE-marked toys, for example) supplied in the EU must have an EU-based economic operator who is responsible for certain safety-related tasks. If you do not have another EU-based point of supply, Kixto is willing to take on this role with respect to the products we handle for you. We will make no charge for work that amounts to simple records-keeping.
What you need to do
For each game that’s not a printed book, you will need to send us a copy of your product safety assessment and, where applicable, your declaration of conformity and technical file for the product.
Kixto must verify the EU declaration of conformity, make the relevant safety documentation available to market authorities on request and, if there is a safety concern with the product, notify and assist EU market authorities as necessary.
Take care of CE-marking
Please be cautious of factories who offer to CE-mark your products for you. CE-marking is more than adding a logo and, if you develop a toy and sell it under your name, you are the manufacturer and solely responsible for the technical documents, conformity and safety assessments, declarations, labelling, etc. The process cannot be done without you.
The long read
Since 1988 the EU has regulated the safety of toys. The current legislation, the 2009 Toy Safety Directive, applies to products designed or intended, whether or not exclusively, for use in play by children under 14 years of age. Toys for this age range must carry a CE-mark to indicate that the manufacturer has checked compliance with the relevant essential requirements.
New law is about market surveillance
This new market surveillance regulation applies to specified product types and characteristics. Particularly relevant to Kixto clients, it applies to toys that are subject to the Toy Safety Directive.
Regulated products must have an EU-based economic operator
From July 2021, a toy subject to the Toy Safety Directive can be supplied in the EU only if there is an economic operator established in the Union who is responsible for certain safety-related tasks – summarised below. This role goes to the EU-based fulfilment service provider if that is how the product is shipped and there is no other EU-based manufacturer, importer or authorised representative.
The safety-related tasks include:
- check and keep copies of the declaration of conformity and declaration of performance available for inspection by the authorities,
- provide information to market authorities when required,
- inform market authorities of suspected risks presented by a product,
- cooperate with corrective action to address non-compliance or suspected risks.
The law’s full text is available here: Regulation (EU) 2019/1020 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011
These are the products / directives referenced in regulation 2019/1020:
- construction products
- personal protective equipment
- appliances burning gaseous fuels
- noise emission in the environment by equipment for use outdoors
- ecodesign requirements for energy-related
- use of certain hazardous substances in electrical and electronic equipment
- pyrotechnic articles
- recreational craft and personal watercraft
- simple pressure vessels
- electromagnetic compatibility
- non-automatic weighing instruments
- measuring instruments
- equipment and protective systems intended for use in potentially explosive atmospheres
- electrical equipment designed for use within certain voltage limits
- radio equipment