Products CE-marked as toys

CE-marked toys delivered during the contract period shall not contain substances that are listed on the current candidate list (Article 59 of Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (Reach)) at levels above 0.1 percent by weight (1000 mg/kg) per substance and each individual part of the product¹.

If new substances are entered on the candidate list during the contract period, the supplier shall within six months of the European Chemicals Agency's (Echa) publication of a revised candidate list present an action plan on how the substances can be phased out.

Exemption:

Electronic toys.

Constituent plastic parts in toys shall not contain the plasticizers listed in the table below in concentrations above 0.1 percent by weight (1000 mg/kg) per substance and individual plastic part¹.

Table of limited plasticizers and their CAS-number

Exception:

Plastic parts which are inaccessible to children, or which make up less than five percent by weight of the product.

For products CE-marked as toys containing polycarbonate, migration of the bisphenol A shall not exceed 0.04 mg/l.

Exception:

• Parts of polycarbonate inaccessible to children or constituting less than 5 percent by weight of the product.
• Electronic toys.

For products CE-marked as toys containing polycarbonate, migration of the bisphenols in the table below shall not exceed 0.04 mg/l.

Table of limited bisphenols and their CAS-number

Exception:

• Parts of polycarbonate inaccessible to children or constituting less than 5 percent by weight of the product.
• Electronic toys.

To receive [points or price deductions] in the tender evaluation, products CE-marked as toys shall not contain chlorinated plastic.

Liquid-based products CE-marked as toys shall not contain preservatives in concentrations requiring the following labelling: “Contains [the name of the sensitizing substance]. May cause an allergic reaction” (EUH208) according to point 2.8 of Annex II to Regulation (EC) 1272/2008 on the classification, labelling and packaging of substances and mixtures (CLP Regulation).

Products CE-marked as toys shall not contain actively added fragrances.

Exception:

Olfactory board games¹, gustative games¹ and clays.

For olfactory board games¹, gustative games¹ and clays containing fragrances there shall be clear information in the product catalogue or online store that they contain fragrances.

In olfactory board games and clays containing fragrances, the fragrances shall comply with the International Fragrance Associations (IFRA²) guidelines, or equivalent.

In products CE-marked as toys, formaldehyde (CAS: 50-00-0) shall not be present in concentrations above the specified limit values ​​in the table below:

Table of different materials and their limit values ​​for formaldehyde

Exception:

Parts of resin-bound wood which make up less than five percent by weight of the product.

Products CE-marked as toys made of wood, paper, textile, leather, solid materials intended to leave a trace, accessible liquids, and modelling clay, play clay and similar¹ shall not contain the dyes listed in the table below at levels above 10 mg/kg.

Table of limited colouring agents and their CAS-number

For products CE-marked as toys containing rubber (elastomers), the migration for nitrosamines shall not exceed 0.01 mg/kg respective 0.1 mg/kg for nitrosatable substances.

Exception:

Parts of rubber (elastomers) which are inaccessible to children or which make up less than five percent by weight of the product.

Products CE-marked as toys shall not be treated with biocides1,2.

Products CE-marked as toys shall not contain¹ chemical flame retardants.

Exception:

• Parts of textile which constitute less than five percent by weight of the product.
• Electronic toys.

Electronic products CE-marked as toys shall not contain¹ halogenated flame retardants

Other products CE-marked as toys shall not contain¹ chemical flame retardants.

Primary plastic packaging shall be designed for material recycling. Plastic packaging shall meet the following:

• Plastic packaging¹ and any closure² shall be made of monomaterial³ of one of the following plastics, alternatively separable⁴ parts of the following plastics:
  • Polyethylene (PE)
  • Polypropylene (PP)
  • Uncoloured polyethylene terephthalate (PET)
• Labels on packaging of PE and PP shall consist of the same material as the packaging.
• Labels on PET packaging shall consist of PP or PE, and not cover more than 40 percent of the packaging surface.
• The plastic packaging shall not be coloured with carbon black.
• The plastic packaging shall not have a print that covers more than 60 percent of the packaging's surface.
• Labels shall be able to be washed off at temperatures below 60° C and shall not cover more than 40percent of the packaging surface.

The supplier shall, no later than [six (6) months or other period specified by the contracting organisation] after the start of the contract, have introduced the systematic work with universal design in accordance with the standard "Universal design – Accessibility through universal design for products, goods and services" SS-EN 17161:2019 or equivalent standard. 

The systematic work shall include at least the following points:  

• How possible users, including non-users¹ and usage context have been identified. 
• How the needs, characteristics, abilities and preferences of potential users have been analysed, understood and been taken into consideration in the work.
• How equivalent use is made possible by offering a range of solution options. 
• How solutions have been evaluated in relation to the needs, characteristics, abilities and preferences of potential users.

The processes shall be documented, at least cover the area of operations covered by the contract, and applied during the contract period. 

A contact person shall be appointed and tasked to answer questions regarding the systematic work with universal design vis-à-vis the contracting organisation.

The supplier shall be able to provide information on request, demonstrating that the contractual condition is met.

The supplier of the products delivered according to the contract shall have routines for systematic quality work. The routines shall be documented, at least include the activities covered by the contract and shall be applied during the contract period. The systematic quality work shall include at least the following points:

• Routines for the requirements in the contract to be controlled and fulfilled during the contract period.
• Routines for the documentation that verifies fulfilment of the requirements are to be available.
• Routines for reporting and processing of deviations related to the set requirements.
• Routines for reporting, documentation and management of claims and complaints regarding the products
• Routines for traceability upstream in the supplier chain for the products covered by the contract.
• That there is a contact person with respect to the contracting authority.
• Routines for the contact person's annual reporting of the above points to the contracting authority

Upon request, the supplier shall be able to prove that the requirement has been met. If the supplier applies its own documented system, [The contracting organization] may request that the information is verified by an independent third party.

1. The supplier's obligation 

Throughout the entire contract period, the supplier shall apply the contract terms under item 1-4. The contract shall be fulfilled in accordance with the following terms regarding workers’ rights:

• The eight core conventions of ILO regarding forced labour, child labour, discrimination, freedom of association, and the right to collective bargaining (no. 29, 87, 98, 100, 105, 111, 138, and 182).

The terms regarding workers’ rights are called “the Terms” hereafter.

In the event of the core conventions of the ILO are in conflict with national law, the supplier shall take reasonable measures to ensure compliancy with the international regulations.

The obligations concerns workers when they perform work within the frame of the contract.

The supplier shall, according to item 2, ensure that the Terms are fulfilled by hired subcontractors that directly contribute to the performance of the contract, regardless of the number of intermediaries. In addition, the supplier shall ensure that these subcontractors participate in the follow-up,
according to item 3.

The obligations concerns work carried out under such conditions where Swedish labour law is not applicable.

2. Policies and routines

To fulfil the obligations under item 1, the supplier shall take measures to prevent and manage any deviations from the Terms according to item 2.1-2.6 below. The measures shall be documented and applied throughout the entire contract period in their own operation and the operation of any subcontractors who directly contribute to the performance of the contract, regardless of the number of intermediaries.

At the start of the contract the supplier shall have:

2.1 adopted a commonly accessible policy, adopted by the highest management including a commitment to respect the Terms,

2.2. adopted routines to convey their commitment to respect the Terms in their own operation and in the supply chain,

2.3 appointed a manager at the highest management level, responsible for compliance with the Terms,

2.4 adopted routines to regularly carry out risk analyses, i.e. to identify and prioritise current and potential risks of deviation from the Terms, as well as mapping the supply chain with special regard to high risk operations,

2.5 adopted routines for regular follow-up of the Terms compliance, and

2.6 adopted routines to immediate action to prevent and limit deviations from the Terms, and to make amendments to identified deviations.

The measures shall be taken in accordance with the UN Guiding Principles on Business and Human Rights, or the equivalent.

3. Follow-up

[The contracting authority] has the right to follow-up that the supplier fulfils its obligations. The follow-up may be carried out in different steps; self-assessment and audit.

3.1 Self-assessment
Upon request from [the contracting authority] the supplier shall, [within six (6) weeks/other time period, specified by the contracting authority] from the receipt of the request, report compliance with the Terms in writing. The account can be submitted by form, according to appendix 1: self-assessment questionnaire. The supplier is expected to provide the information requested in the appendix.

3.2 Audit
The supplier shall enable [the contracting authority] to perform audits, on their own or through a representative, with the supplier and/or its subcontractors to ensure that the supplier fulfils the obligations according to item 1 and complies with the Terms. The supplier shall provide the information and documentation necessary in connection with the audit

4. Management of deficiencies

If the supplier does not participate in follow-up or if there are deficiencies in the documentation to be provided under item 3, a correction shall be made within the time determined by [the contracting authority].

In case of deficiencies in compliance to the Terms, the supplier shall amend this according to a schedule and action plan, developed by the supplier, and to be approved by [the contracting authority]. The schedule and action plan are to be developed within the time period decided by [the contracting authority] and must be proportionate to the nature of the deficiencies and clearly describe how these are to be remedied within the established schedule.

[The contracting authority] has the right to terminate the contract with immediate effect if the supplier do not make amendments within the established period or do not remedy deficiencies within the established
schedule.

[The contracting authority] has the right to terminate the contract with immediate effect in the case of severe deviations from the Terms.

1. The supplier’s obligation

Throughout the entire contract period, the supplier shall apply the contract terms under item 1-4. The contract shall be fulfilled in accordance with the following terms regarding human rights, workers’ rights, environmental protection, and anti-corruption (sustainable supply chains):

• the UN Universal Declaration on Human Rights,
• the UN Convention on the Rights of the Child, Article 32,
• the eight core conventions of the ILO regarding forced or compulsory labour, child labour, discrimination, as well as freedom of association and the right to collective bargaining, (no 29, 87, 98, 100, 105, 111, 138, and 182),
• the labour law in force in the country were the work is performed, including regulations for salary, working hours, leisure time, and work environment,
• the environmental law in force in the country were the work is performed, and
• the UN Convention against Corruption.

The terms regarding sustainable supply chains are called “the Terms”  hereafter.

When international regulations prescribe a stronger protection for the individual than the national legislation, the supplier shall take reasonable measures to ensure compliancy with the international regulations.

The obligations concerns all operations connected to the performance of the contract.

The supplier shall, according to item 2, ensure that the Terms are fulfilled by hired subcontractors in all parts of the supply chain. In addition, the supplier shall ensure that these subcontractors participate in the follow-up, according to item 3.

2. Policies and routines

To fulfil the obligations under item 1, the supplier shall take measures to prevent and manage any deviations from the Terms according to item 2.1-2.6 below. The measures shall be documented and applied concurrently throughout the entire contract period in their own operation as well as in the operation of any subcontractors in all parts of the supply chain.

At the start of the contract the supplier shall have:

2.1 adopted a commonly accessible policy, adopted by the highest management including a commitment to respect the Terms,

2.2. adopted routines to convey their commitment to respect the Terms in their own operation and in the supply chain,

2.3 appointed a manager at the highest management level, responsible for compliance with the Terms,

2.4 adopted routines to regularly carry out risk analyses, i.e. to identify and prioritise current and potential risks of deviation from the Terms, as well as mapping the supply chain with special regard to high risk operations,

2.5 adopted routines for regular follow-up of the Terms compliance, and

2.6 adopted routines to immediate action to prevent and limit deviations from the Terms, and to make amendments to identified deviations.

The measures shall be taken in accordance with the UN Guiding Principles on Business and Human Rights, or the equivalent.

3. Follow-up

[The contracting authority] has the right to follow-up that the supplier fulfils its obligations. The follow-up may be carried out in different steps; self-assessment and audit.

3.1 Self-assessment
Upon request from [the contracting authority] the supplier shall, [within six (6) weeks/other time period, specified by the contracting authority] from the receipt of the request, report compliance with the Terms in writing. The account can be submitted by form, according to appendix 1: self-assessment questionnaire. The supplier is expected to provide the information requested in the appendix.

3.2 Audit
The supplier shall enable [the contracting authority] to perform audits, on their own or through a representative, with the supplier and/or its subcontractors to ensure that the supplier fulfils the obligations according to item 1 and complies with the Terms. The supplier shall provide the information and documentation necessary in connection with the audit.

4. Management of deficiencies

If the supplier does not participate in follow-up or if there are deficiencies in the documentation to be provided under item 3, a correction shall be made within the time determined by [the contracting authority].

In case of deficiencies in compliance to the Terms, the supplier shall amend this according to a schedule and action plan, developed by the supplier, and to be approved by [the contracting authority]. The schedule and action plan are to be developed within the time period decided by [the contracting authority] and must be proportionate to the nature of the deficiencies and clearly describe how these are to be remedied within the established schedule.

[The contracting authority] has the right to terminate the contract with immediate effect if the supplier do not make amendments within the established period or do not remedy deficiencies within the established
schedule.

[The contracting authority] has the right to terminate the contract with  immediate effect in the case of severe deviations from the Terms.