Article 2 — Scope

1. This Regulation applies to products that are designed or intended, whether or not exclusively, for use in play by children under 14 years of age (toys). For the purposes of this Regulation, a product shall be considered to be intended for use in play by children under 14 years of age where a parent or supervisor can reasonably assume, by virtue of the functions, dimensions and characteristics of that product, that it is intended for use in play by children of a relevant age group. 2. This Regulation does not apply to the products listed in Annex I. 3. The Commission is empowered to adopt implementing acts determining whether specific products or categories of products fulfil the criteria set out in paragraph 1 of this Article and can therefore be considered to be toys within the meaning of this Regulation. Those implementing acts shall be adopted in accordance with the procedure set out in Article 53(3). The date of application of such implementing acts shall not be earlier than 18 months from their entry into force, except in duly justified cases or in cases where certain categories of products are deemed not to fulfil the criteria set out in paragraph 1 of this Article, where an earlier date of application may be set.