Tony Killeen (Clare, Fianna Fail)

I thank Deputy Costello for raising this matter on the Adjournment. I will be taking it on behalf of the Minister for Enterprise, Trade and Employment, Deputy Martin.

The House will be aware of recent voluntary recalls on toys placed on the market by the Mattel Corporation and EU-wide concerns for the safety of children in the wake of such recalls. In Ireland, the European Communities (Safety of Toys) Regulations, SI 32 of 1990, which transposed Council Directive 88/378/EEC concerning the safety of toys, governs the marketing, classification and labelling of toys placed on the Irish market. These regulations are enforced by the National Consumer Agency, NCA. Under these regulations a toy may not be placed on the market unless it is safe, appropriately labelled and compliant with the essential safety requirements of the directive. Toys are defined as "any product or material clearly intended for use in play by a child of less than 14 years".

The directive and associated regulations also provide that any toy placed on the market must carry a CE mark to show that it conforms to the essential safety requirements of the directive. The CE mark on a toy also shows that it complies with relevant Irish and European standards and is safe provided it is used as intended. The general product safety directive also imposes a duty on all persons in the supply chain to ensure that products placed on the market are safe and do not pose a danger to health and safety.

The NCA is the market surveillance authority for Ireland and is also the contact point for RAPEX notifications. RAPEX is a system for rapid exchange of information about dangerous products in the European Economic Area. The system is coordinated by the European Commission and links market surveillance authorities in 30 European countries. When authorities take restrictive measures concerning a product which poses a serious risk for the health and safety of consumers, such as a ban on sale, withdrawal from the market, or a product recall, they must notify the Commission, which in turn notifies the authorities in all other member states. Member state authorities are then obliged to take follow-up measures on their national markets and to inform the Commission of their actions. The NCA has stated that it is confident that the RAPEX system is operating as it should and the fact that recalls are taking place is an indicator that traders are taking the safety issue seriously.

Following the Mattel recalls the NCA made direct contact with Mattel to obtain full details on all aspects of the notification. Mattel has indicated that it expects to have figures on stock returns by November. I stress that the details of the recalls were placed on the NCA website and the agency actively engaged in radio and television interviews on the issue. Mattel, an American toy company, is one of the largest toy companies in the world. Paint with excessive lead content was used on toys manufactured on its behalf in China, thus giving rise to the recalls.

Between November 2006 and October 2007 Mattel issued six voluntary recalls on toys due to high lead contents in paints used on toys or dangers relating to magnetic toys. The NCA contacted toy operators advising them of the recalls and requested that they make appropriate arrangements to carry out an effective recall of any of the toys that had been placed on the Irish market. They were also asked to report back to the NCA with details of their progress. Of the 22 million recalled toys on the world market between 2002 and 2007, approximately 118,300 toys were on the Irish market. The NCA is awaiting final data on stock retrieved from stores and on returns made by consumers.

In a follow-up action, the NCA wrote to toy operators to establish whether they had toys of a similar type to those of Mattel and to confirm that such toys were safe and, in particular, that they did not contain small magnetic parts or paint with excessive lead content. In the event of an unsafe product being found, they were required to issue a recall and to notify the NCA of any action taken. I have been informed that no notifications of similar products have been received to date.

The NCA informs me that toys are imported into Ireland mainly via the United Kingdom or other EU member states. In addition, the NCA understands that some operators also import directly from third countries. The NCA asked the customs authority for a list of these importers, and it provided a list of 73 traders who import directly from outside the European Economic Area. The NCA is currently preparing letters to alert these traders of their obligations under the legislation enforced by the NCA and to invite them to be placed on the NCA alert system and to take appropriate action to remove any product that presents a hazard.

I also understand from the NCA that the British Toy and Hobby Association, BTHA, has agreed a new code with which its members will comply. The main importers into Ireland have indicated either that they are subscribers to this code or that they will follow its guidelines. The code is an interim step to deal with powerful magnets contained in toys. It requires specific warnings to be displayed on packaging pointing out that these products contain magnets that can be hazardous if swallowed. The instructions-for-use leaflets accompanying such toys will also highlight the dangers and the necessity of seeking immediate medical attention if magnets are swallowed or inhaled.

The NCA has also issued a consumer guide to toy safety. This booklet informs the consumer of the current legislation, provides advice on toy safety, and includes a common-sense checklist. It is worth noting that the NCA actively pursues any complaints made regarding the safety of toys and its actions have resulted in a number of recalls of toys considered to be dangerous.

Arising from concerns generated by the Mattel recalls, the European Commissioner for Consumer Protection, Ms Meglena Kuneva, announced her intention on 29 August to carry out a review of the strengths and weaknesses of the consumer product safety mechanisms currently in place in Europe. This review has involved extensive work with national market surveillance authorities, the Chinese and US authorities, the European toy industry and retailers, as well as consultations with the European Parliament. The NCA has also been engaged in this review. The review is currently in its final stages and Commissioner Kuneva will present the results of this stocktaking and analysis at the Competitiveness Council on 22 November 2007 in Brussels. I look forward to receiving the conclusions of this review and to making progress on any actions recommended.

In addition to this review, I also understand that the European Commission intends to present a proposal for a revision of the toy safety directive by the end of this year with a view to enhancing safety requirements for toys and improving the efficiency and enforcement of the directive by national market surveillance authorities. Furthermore, a draft Council regulation which will enhance market surveillance activity generally is currently being debated by EU member states and the European Parliament. Adoption of this regulation is a high priority for the Council and will further enhance the present market surveillance regimes.

It will be clear from the above that the issue of product safety, particularly toy safety, is a high priority for the European Commission, my Department and the NCA. The meeting of the Competitiveness Council to which I referred will provide an opportunity for debate on this important issue and any proposals to enhance the legislative or administrative frameworks to ensure the safety of toys will be strongly supported.

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