On Sep 1, 2016, European Commission publish guidance document No.10 on the application of the directive on the safety of toys music instruments. This Guidance document is a non-binding document intended to provide guidelines to help Member States and stakeholders on the classification of musical instruments. It expresses the views of the majority of members in the Expert Group on Toy Safety.

In most cases, it is easy to distinguish between small musical instruments which are toys within the meaning of Directive 88/378/EEC or 2009/48/EC and those which are not toys.

Besides the functions and characteristics mentioned in CEN report CR14379 Guidelines on the classification of toys, the decision may be based on the following criteria:

※ the purpose of the product: to make music or to emit sounds or to provide rhythmical accompaniment at a given tempo, or simply to make noise;

※ the characteristics of the product: design and materials chosen to enhance sound quality, level of detail, dimensions;

※ the documents accompanying the product: the presence or absence of elements of music theory, technical tips, diagrams and printed music;

※ the place of sale: toy shops, shops/shelves for baby articles or shops specialised in musical articles (instruments and sheet music);

※ the public at which the product is aimed: realistic presentation or not; a "naïve" decoration;

※ the retail price.

BACL Service:

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