16. 7. 88 Official Journal of the European Communities No L 187/1 (Acts whose publication is not obligatory) COUNCIL COUNCIL DIRECTIVE of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys (88/378/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100A thereof, Having regard to the proposal from the Commission (), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the laws, regulations and administrative provisions in force in the various Member States relating to the safety characteristics of toys differ in scope and content; whereas such disparities are liable to create barriers to trade and unequal conditions of competition within the internal market without necessarily affording consumers in the common market, especially children, effective protection against the hazards arising from the products in question; Whereds these obstacles to the attainment of an internal market in which only sufficiently safe products would be sold should be removed; whereas, for this purpose, the marketing and free movement of toys should be made subject to uniform rules based on the objectives regarding protection of consumer health and safety as set out in the Council resolution of 23 June 1986 concerning the future orientation (1) O] No C 282, 8. 11. 1986, p. 4. (2) OJNo C246,14. 9. 1987, p. 91 and Decision of 9 March 1988 (not yet published in the Official Journal). (3) OJ No C 232, 31. 8. 1987, p. 22. of the policy of the European Economic Community for the protection and promotion of consumer interests (*); Whereas, to facilitate proof of conformity with the essential requirements, it is necessary to have harmonized standards at European level which concern, in particular, the design and composition of toys so that products complying with them may be assumed to conform to the essential requirements; whereas these standards harmonized at European level are drawn up by private bodies and must remain non-mandatory texts; whereas for that purpose the European Committee for Standardization (CEN) and the European Committee for Electrotechnical  Standardization @ (CENELEC) are recognized as the competent bodies for the adoption of harmonized standards in accordance with the general guidelines for cooperation between the Commission and those two bodies signed on 13 November 1984; whereas, for the purposes of this Directive, a harmonized standard is a technical specification (European standard or harmonization document) adopted by one or both of those bodies upon a remit from the Commission in accordance with the provisions of Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations (), as last amended by the Act of Accession of Spain and Portugal, and on the basis of the general guidelines; Whereas, in accordance with the Council resolution of 7 May 1985 on a new approach to technical harmonization and standards (¢), the harmonization to be achieved should consist in establishing the essential safety requirements to be satisfied by all toys if they are to be placed on the market; (*) O] No C 167, 5.7.1986, p. 1. (5) OJ No L 109, 26. 4. 1983, p. 8. (5) O] No C 136, 4. 6. 1985, p.1.