Article 3
Directive 88/378/EEC is hereby amended as follows: 1. throughout the text, the term 'EC mark' is replaced by 'CE marking'; 2. in Article 5 the first paragraph is replaced by the following text: '1. Member States shall presume that toys bearing the CE marking laid down in Article 11 comply with all the provisions of this Directive, including the conformity assessment procedures referred to in Articles 8, 9 and 10. Conformity of toys with the national standards which transpose the harmonized standards the reference numbers of which have been published in the Official Journal of the European Communities shall result in a presumption of conformity to the essential safety requirements referred to in Article 3. Member States shall publish the reference numbers of such national standards.'; 3. the following paragraph is added to Article 5: '3. (a) Where the toys are subject to other Directives covering other aspects and which also provide for the affixing of the CE marking, the latter shall indicate that the toys in question are also presumed to conform to the provisions of those other Directives. (b) However, where one or more of these Directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only to the Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the Directives and accompanying such toys or, failing that, on their packaging.'; 4. in Article 9 the second paragraph is replaced by the following text: '2. Member States shall notify the Commission and the other Member States of the bodies which they have appointed to carry out the EC type-examination referred to in Article 8 (2) and Article 10 together with the specific tasks which these bodies have been appointed to carry out and the identification numbers assigned to them beforehand by the Commission. The Commission shall publish in the Official Journal of the European Communities a list of the notified bodies with their identication number and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.'; 5. in Article 11 the second paragraph is replaced by the following text: '2. The CE conformity marking shall consist of the initials "CE " taking the form of the specimen given in Annex V.'; 6. in Article 11 the third paragraph is replaced by the following text: '3. The affixing of markings on the toys which are likely to deceive third parties as to the meaning and form of the CE marking shall be prohibited. Any other marking may be affixed to the toys, their packaging or a label provided that the visibility and legibility of the EC marking is not thereby reduced.'; 7. the following paragraph is added to Article 12: '1a. Without prejudice to Article 7: (a) where a Member State establishes that the CE marking has been affixed unduly, the manufacturer or his authorized representative established within the Community shall be obliged to make the product conform as regards the provisions concerning the CE marking and to end the infringement under the conditions imposed by the Member State; (b) where non-conformity continues, the Member State must take all appropriate measures to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market in accordance with the procedures laid down in Article 7.'; 8. the following Annex is added: 'ANNEX V CE CONFORMITY MARKING - The CE conformity marking shall consist of the initials "CE " taking the following form: - If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected. - The various components of the CE marking must have substantially the same vertical dimension, which may not be less that 5 mm.'