In summer, water toys and pools are very popular among children. Ensuring that these toys are safe is crucial to safeguard their health and avoid incidents. In the European Union, Toy Safety Directive 2009/48/EC regulates toys, defined as products designed to play for children under 14. Importantly, lifesaving equipment or other water safety equipment used to protect children (and adults) from certain risks are not toys and would fall within the scope of the Personal Protective Equipment Regulation, depending on their characteristics and intended use.
Play and leisure water pools
When handling pools classification, decisions are made case-by-case. European Commission guidance document on the safety of toy pools provides guidelines to help manufacturers and brand-owners understand the classification of pools. These EC guidelines specify to which products manufacturers can apply standard EN 71-8 Activity toys for domestic use for the conformity assessment and when an EC-type examination is necessary (a third-party conformity assessment). Water depth plays an important role in the classification assessment:
- Pools with a maximum water depth of 400 mm – Such pools are classified as toys. Standard EN 71-8 can be used in the conformity assessment. These pools are defined as “paddling pools” and can include inflatable objects, animal-shaped figures, and also partially closed spaces.
- Pools with a water depth of over 400 mm – These deeper pools are also classified as toys. However, an EC-type examination is necessary.
- Pools for leisure are not toys. General Product Safety Directive (GPSD) – replaced by the Regulation in December 2024 – applies to such pools. Some standards applicable to leisure pools are EN 16927 Mini-pools and EN 16582 Domestic swimming pools.
Water toys
The Toys Directive defines aquatic toy “a toy intended for use in shallow water which is capable of carrying or supporting a child on the water”. Water toys are items meant for use in water where the child is within its depth and under adult supervision. Especially, toys has to be manufactured in a way to prevent as far as possible that children lose the toy’s support and the ability to float. However, it is crucial to distinguish toys from equipment intended to protect children from drawing risks or similar. The Toys Directive specifies that aquatic equipment intended to be used in deep water and swimming learning devices for children (swim seats, swimming aids, and similar) are not toys. In their classification, intended use and product sizes are among the main aspects to consider.
Toys, PPE, general products: play, protection or learning
The product intended use is one major factor in classifying water toys and equipment. European Commission guidance documents on toys and other products used in or on the water provides guidelines for classification and conformity assessment of water toys. The Toys Directive covers the following product categories:
- Bath toys
- Fish rings
- Small, battery powered toy vessels
- Simple inflatable toys, used on the beach or at home, in water or not.
- Inflatable toys, such as small mattresses and small boats (up to 1,20 m) and ride-on toys. By contrast, boats and mattresses exceeding 1,20 m are normally intended to be used in deep water and are not toys.
- Bathing rings with a diameter below 1,20 m. According to the guidance, the 1,20 m dimension has to be measured on the uninflated toy as stated in clause 4.18 of EN 71-1. Notably, bathing rings are not swimming aids and therefore are toys. Such products should have a clear intended use and the place of selling, advertising, and packaging should not be misleading.
The following products categories are excluded from the Toy Directive scope:
- Articles designed for life saving
- Floating leisure articles: they are not covered by the Toys Directive as they for use in deep water and have a minimum diameter or length of 1,20 m. Some examples are tubes, islands, mattresses, and floats. The requirements of EN ISO 25649 (Floating leisure articles for use on and in the water – Parts 1-7) apply.
- Water walking balls
- Floating seats, which are covered by the GPSD – soon GPSR – and by harmonised standard EN 13138-3 Buoyant aids for swimming instruction – Part 3: Safety requirements and test methods for swim seats into which a user is positioned. Such floating seats are for children up to 36 months and up to 19 kgs. They are learning devices and should not be designed in such a way to confuse them with toys.
- Swimming aids and swimming learning devices (armbands, swim vests, neck-rings, snorkeling masks, diving rings, and other diving products) are not toys. Personal Protective Equipment Regulation sets the requirements for such swimming devices.
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References:
European Commission (2023). Guidance document no. 7 on the application of Directive 2009/48/EC on the Safety of Toys. Toys and other products used in or on the water. Retrieved on 14.06.2024.
European Commission (2019). Guidance document no. 8 on the application of Directive 2009/48/EC on the Safety of Toys. Pools. Retrieved on 14.06.2024.
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