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Toy or musical instrument?

On February 26, 2019, the European Commission (EC) published the revised Guide No. 10 for Musical Instruments. The EC and the Expert Group on Toy Safety developed several guides to assist manufacturers, importers, distributors and public authorities in the interpretation and application of the Toy Safety Directive 2009/48/EC. These guides are not legally binding, but represent the opinion of the majority of the expert group.

The revised version clarifies the gray area between toy musical instrument and a real musical instrument. The document has been expanded to include information and examples of why a product should be classified as a toy musical instrument or a real musical instrument.

Toy musical instrument versus real musical instrument

With toys, musical quality is not the purpose of their use. These types of toys are designed to introduce children to music. It allows them to produce sounds of simple, low quality. Toy musical instruments are more colorful, contain fewer keys and are often scaled-down imitations of real musical instruments.
Real musical instruments for children, thus not considered toys, are made to be used in a music study or performance. Real musical instruments can be tuned and are designed for releasing music.

In practice

In most cases, toy musical instruments falling within the scope of Toy Safety Directive 2009/48/EC and real musical instruments are easily distinguishable. However, in some cases musical instruments are difficult to classify. Consider maracas, these may be intended for children under 14 with the purpose of playing or making simple musical notes with them. There are also toy rattles, in the form of maracas, for children too young to sit upright without assistance.

Toys placed on the market must comply with the essential safety requirements of the Toy Safety Directive. It is important to note, that the reasonably foreseeable use is considered more important than the manufacturer's statement of intended use.

If the manufacturer labels the musical instrument as a real musical instrument, he must be able to support this claim. Within the Toy Safety Directive contains a scope that contains the definition to classify whether a product is a toy or not.

When classifying a musical instrument and/or toy, it is important to assess it on a case-by-case basis and consider all relevant factors. For example, what is the appropriate age classification of the product? What legal requirements must the toy meet? And what markings apply?

Need support?

Are you unsure whether a product should be classified as a toy or do you need support in determining the age classification of toys? Or do you want to know which legal requirements apply to your toy? Contact us at +31 (0)30 - 65 66 010 or info@precongroup.com.

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