(1)

In accordance with Article 13 of Directive 2009/48/EC of the European Parliament and of the Council (2), toys which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Article 10 of Directive 2009/48/EC and Annex II to that Directive.

(2)

Directive 2009/48/EC lays down, in Part III of Annex II thereto, specific requirements in order to ensure that there are no risks of adverse effects on human health due to exposure to the chemical substances or mixtures of which the toys are composed or which they contain. Moreover, Article 10(2) lays down the general safety requirement.

(3)

By Implementing Decision C(2022)7410 (3), the Commission made a request to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) for the drafting of new and the revision of existing harmonised standards in support of Directive 2009/48/EC.

(4)

On the basis of the request set out in Implementing Decision C(2022)7410, CEN revised harmonised standards EN 71-13:2021+A1:2022 ‘Safety of toys – Part 13: Olfactory board games, cosmetic kits and gustative games’ and EN 71-3:2019+A1:2021 ‘Safety of toys – Part 3:Migration of certain elements’, the references of which are published by Commission Implementing Decision (EU) 2023/740 (4) . This resulted in the adoption of harmonised standards EN 71-13:2021+A2:2024 and EN 71-3:2019+A2:2024.

(5)

The Commission, together with CEN, has assessed whether those standards comply with the request set out in Implementing Decision C(2022) 7410.

(6)

Harmonized standards EN 71-13:2021+A2:2024 and EN 71-3:2019+A2:2024 satisfy the requirements which they aim to cover and which are set out in Directive 2009/48/EC. It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union.

(7)

The Annex to Implementing Decision (EU) 2023/740 lists the references of harmonised standards drafted in support of Directive 2009/48/EC. To ensure that the references of harmonised standards drafted in support of Directive 2009/48/EC are listed in one act, the references of EN 71-13:2021+A2:2024 and EN 71-3:2019+A2:2024 should be included in Implementing Decision (EU) 2023/740.

(8)

Harmonised standard EN 71-13:2021+A2:2024 and EN 71-3:2019+A2:2024 replace harmonised standard EN 71-13:2021+A1:2022 and 71-3:2019+A1:2021 respectively. It is therefore necessary to withdraw the references of those standards from the Official Journal of the European Union. In order to allow toy manufacturers sufficient time to adapt their products to the revised specifications in standards EN 71-13:2021+A2:2024 and EN 71-3:2019+A2:2024, it is necessary to defer the withdrawal of the references of harmonised standards EN 71-13:2021+A1:2022 and 71-3:2019+A1:2021.

(9)

Implementing Decision (EU) 2023/740 should therefore be amended accordingly.

(10)

Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication,