-who are you and what should you take into account?
Manufacturer
The manufacturer is responsible for ensuring that a toy meets all requirements set for it.
The manufacturer
- Designs and manufactures the toy in compliance with requirements, taking into account the toy’s purpose of use and useful life.
- Carries out a risk assessment on the toy
- Draws up the EC Declaration of Conformity.
- Draws up the technical documentation and keeps them for 10 years after the toy has been placed on the market.
- Affixes to the toy or its packaging
- identifying details, such as type, batch or model number, which must be consistent with the information provided in the declaration of conformity;
- the name and address of the manufacturer; and
- a CE marking
- Ensures that the toy is accompanied by any instructions and information necessary for safe use.
- Ensures that the product maintains its conformity during continuous manufacture.
- Performs/commissions testing, if necessary.
- Investigates and registers all complaints related to the product.
- Notifies authorities if a toy manufactured by them poses a safety risk.
- Cooperates with authorities, if requested to do so.
- Identifies other operators involved in the supply chain.
Authorised representative
The manufacturer can sign a written contract to transfer specific manufacturer’s responsibilities to an authorised representative. The contract must always include at least the following responsibilities:
- keeps the technical documentation and the Declaration of Conformity for 10 years after the toy has been placed on the market;
- notifies authorities if a toy poses a safety risk;
- cooperates with authorities, if requested to do so; and
- identifies other operators involved in the supply chain.
The manufacturer may not transfer the responsibility for drawing up technical documentation to an authorised representative. The manufacturer is responsible for the actions of its authorised representative.
Importer
An importer is a party that imports toys from manufacturers based outside the European Economic Area. Importers also supply toys to other operators and directly to consumers.
The importer
- ensures that the manufacturer has fulfilled all of its obligations before placing the product on the market;
- ensures that the importer’s information (name and address) is displayed on the toy or its packaging;
- ensures that the toy has not suffered any damage during transportation or storage;
- performs/commissions testing, if necessary;
- keeps a copy of the Declaration of Conformity for 10 years after the toy has been placed on the market;
- investigates and registers all complaints related to the product;
- notifies authorities if a toy poses a safety risk;
- cooperates with authorities, if requested to do so; and
- identifies other operators involved in the supply chain and keeps information on the supply chain for 10 years.
The importer is considered to be the manufacturer of a toy if it
- places the toy on the market solely under its own name or trademark; or
- alters the toy that has already been placed on the market in a manner that may affect compliance with the applicable requirements.
Each toy only has one manufacturer.
However, the operator that imports toys to the Finnish market from within the European Economic Area is not considered to be the importer, but a distributor.
Distributor
Distributors place toys on the Finnish market, which means that they supply toys to other operators and directly to consumers. Distributors may import toys to Finland from within the European Economic Area or purchase toys from Finnish operators.
The distributor
- checks that the markings on toys are correct;
- The manufacturer has affixed to the toy (or its packaging) its own information (name and address), the toy’s identifying information (type, batch, series or model number) and a CE marking, and included any instructions necessary for safe use.
- The importer’s name and address are affixed to the toy or its packaging.
- ensures that the toy has not suffered any damage during transportation or storage;
- notifies authorities, as well as the importer or manufacturer, if a toy poses a safety risk;
- cooperates with authorities, if requested to do so; and
- identifies other operators involved in the supply chain.
The distributor is not under the obligation to disclose their details (name or address) on the toy.
All operators are obliged to cooperate with authorities, take necessary action to remove non-compliant toys from the market or from consumers and notify Tukes about toys that pose a danger.
