In order to provide for flexibility where the safety of children is not compromised, it should be possible to wholly or partly exempt the presence of a prohibited substance from the generic prohibitions of substances in toys. Exemptions from generic prohibitions permitting the presence of prohibited substances should be of general application and should be possible only where the presence of the relevant substance is considered to be safe for children. In addition, there should be no suitable alternatives to the presence of the substance in the toys. The assessment of the suitability of alternatives should consider whether the elimination or substitution of such prohibited substance is possible, including the availability and technical feasibility of alternatives to replace or fulfil the function of the substance in the toy, as well as the safety of any alternative identified. Finally, exemptions should be possible only where the use of the substance is not prohibited in consumer articles pursuant to Regulation (EC) No 1907/2006.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
