L 114/90 Official Journal of the European Union 26.4.2008 II (Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory) DECISIONS COMMISSION COMMISSION DECISION of 21 April 2008 requiring Member States to ensure that magnetic toys placed or made available on the market display a warning about the health and safety risks they pose (notified under document number C(2008) 1484) (Text with EEA relevance) (2008/329(EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety ('), and in particular Article 13 thereof, Having consulted the Member States, Whereas: Pursuant to Directive 2001/95/EC and Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys (%), as amended by Council Directive 93/68/EEC (3), () OJ L 11, 15.1.2002, p. 4. (» O] L 187, 16.7.1988, p. 1. Directive as amended by Directive 93/68/EEC (O] L 220, 30.8.1993, p. 1). () O] L 220, 30.8.1993, p. 1. producers are obliged to place only safe toys on the market. Directive 88/378/EEC lays down the essential safety requirements that toys must meet to ensure the safety objectives of the Directive. In addition, the Directive provides that, in order to facilitate the proof of conformity with the essential safety requirements, European standards concerning the design and compo- sition of toys should be drawn up by the standardisation bodies. Currently the risk posed by magnets is covered by the general safety requirement of Directive 88/378[EEC, but the Directive does not lay down particular safety requirements dealing with the risk posed by magnets. The European Committee for Standardisation (CEN) issued European standard EN 71-1:2005 ‘Safety of toys — Part I: mechanical and physical properties’ which is a consolidated version of harmonised standard EN 71- 1:1998 and its 11 amendments. Toys complying with the standard are presumed to be in conformity with the essential requirements of Directive 88/378/EEC, as far as the specific requirements covered by the standard are concerned. The standard does not currently contain technical requirements for magnetic toys. In accordance with Article 8(2)(a) of Directive 88/378/EEC, producers must have recourse to EC type-examination when a harmonised standard does not cover all the risks that a toy may present.