
Article 1 
For the purposes of this Decision the following definitions shall apply:

— ‘magnetic toy’ means a toy that contains or consists of one or more magnets or one or more magnetic components that are of ingestible shape and size and are accessible to children,
— ‘toy’ means any product or material designed or clearly intended for use in play by children of less than 14 years of age,
— ‘of ingestible shape and size’ means fitting entirely into the small-parts cylinder defined in the standard EN 71-1:2005,
— ‘accessible to children’ means loose or able of becoming detached from the toy under normal or reasonably foreseeable conditions of use by children, even if originally contained, encapsulated, recessed or collared in the toy,
— ‘making available on the market’ means any supply of a magnetic toy for distribution, consumption or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge,
— ‘placing on the market’ means the first making available of a magnetic toy on the Community market,
— ‘withdrawal’ means any measure aimed at preventing the distribution, display and offer.
Article 2 

1. Member States shall ensure that magnetic toys which are placed or made available on the Community market display a warning:
(a) with the following wording: ‘Warning! This toy contains magnets or magnetic components. Magnets sticking together or becoming attached to a metallic object inside the human body can cause serious or fatal injury. Seek immediate medical help if magnets are swallowed or inhaled.’;
(b) or with an equivalent easily understandable wording that clearly conveys the same content.
2. The warning shall appear in a clearly visible and legible manner, conspicuously displayed on the packaging or otherwise attached to the magnetic toy in such a way as to be visible to the consumer at the point of purchase.
3. The warning shall appear in the official languages of the Member State in which the product is placed or made available on the market.
Article 3 

1. As of 21 July 2008, Member States shall ensure that magnetic toys which do not display the required warning are prohibited from being placed or made available on the market.
2. As of 21 July 2008, Member States shall ensure that magnetic toys which do not display the required warning and are placed or made available on the market are withdrawn from the market, and that consumers are adequately informed of the risk.
3. Member States shall inform the Commission without delay of the measures taken under this Article in accordance with Article 12 of Directive 2001/95/EC.
Article 4 
Member States shall take the necessary measures to comply with this Decision, publish those measures and forthwith inform the Commission thereof.
Article 5 
This Decision shall be applicable until 21 April 2009.
Article 6 
This Decision is addressed to the Member States.
Done at Brussels, 21 April 2008.
For the Commission
Meglena KUNEVA
Member of the Commission