Toys Regulation
AI-assisted content notice: this page includes AI-assisted summaries, FAQs, and glossary entries prepared for navigation purposes. Verify the underlying legal text before relying on this content.
Summary
The EU toy safety framework is currently set by Directive 2009/48/EC on the safety of toys, which lays down essential safety requirements and conformity assessment rules for toys placed on the EU market. The Commission has proposed a new Toys Safety Regulation (COM(2023) 462; 2023/0290 (COD)) to modernise the rules, including stronger controls on hazardous chemicals and a digital product passport to support compliance and market surveillance. The proposal is under negotiation and would replace the existing directive once adopted and applicable.
Who is affected?
Toy manufacturers (including non-EU manufacturers placing toys on the EU market), authorised representatives, importers, distributors and online marketplaces, as well as notified bodies and market surveillance authorities. Consumers (especially children) benefit from the safety requirements and enforcement measures.
Scope
Applies to toys made available on the EU market and sets product safety, conformity assessment, documentation/traceability and market surveillance-related obligations across the toy supply chain.
Key Points
- Sets/updates essential safety requirements for toys placed on the EU market, including rules on physical/mechanical, chemical, electrical and hygiene risks.
- Requires conformity assessment and EU declaration of conformity; toys must bear the CE marking before being placed on the market.
- Imposes traceability and information duties on economic operators (manufacturer/importer/distributor) and supports enforcement by market surveillance authorities.
- Revision proposal (2023/0290 (COD)) aims to modernise toy safety rules, including stronger restrictions on hazardous substances and improved enforcement for online sales.
- Proposed introduction of a digital product passport (DPP) to make compliance information available to authorities and, where relevant, consumers.
Key Deadlines
- — Commission proposal published
- — Committee referral announced in Parliament, 1st reading
- — Committee referral announced in Parliament, 1st reading
- — Vote in committee, 1st reading
- — Committee report tabled for plenary, 1st reading
- — Debate in Parliament
- — Decision by Parliament, 1st reading
Related Regulations
Frequently Asked Questions
Who must comply with the proposed Toys Safety Regulation?
Toy manufacturers (including those outside the EU placing toys on the EU market), authorised representatives, importers, distributors, online marketplaces, notified bodies, and market surveillance authorities must comply with the regulation's requirements.
What is the scope of the Toys Safety Regulation?
The regulation applies to all toys made available on the EU market, covering product safety, conformity assessment, documentation, traceability, and market surveillance obligations throughout the toy supply chain.
What are the key obligations for manufacturers under this regulation?
Manufacturers must ensure toys meet essential safety requirements, carry out conformity assessments, provide an EU declaration of conformity, affix the CE marking, and maintain traceability and documentation for market surveillance purposes.
How does the proposed regulation address hazardous chemicals in toys?
The proposal introduces stronger controls and restrictions on hazardous substances in toys, aiming to further reduce children's exposure to harmful chemicals and align with the latest scientific knowledge.
What is the Digital Product Passport and how does it relate to toy safety?
The Digital Product Passport (DPP) is a proposed mechanism to provide accessible compliance information about toys to authorities and, where relevant, consumers, supporting traceability and enforcement efforts.
What are the penalties for non-compliance with the Toys Safety Regulation?
Penalties for non-compliance may include fines, product recalls, withdrawal from the market, and other enforcement actions by national authorities, depending on the severity and nature of the violation.
How does the regulation interact with other EU product safety laws?
The Toys Safety Regulation is designed to complement the EU’s broader product safety framework, aligning with general product safety requirements and specific sectoral rules, and will replace Directive 2009/48/EC once adopted.
What are the main steps for practical compliance with the regulation?
Economic operators should review and update safety assessments, ensure conformity assessment procedures are followed, maintain required documentation, implement traceability systems, and prepare for digital product passport requirements.
When will the new Toys Safety Regulation become applicable?
The regulation is currently under negotiation and will enter into force after adoption and publication in the Official Journal of the EU, with a transition period likely before full application.
Are online sales of toys covered by the regulation?
Yes, the regulation explicitly covers online sales, imposing obligations on online marketplaces and economic operators to ensure toys sold online comply with all safety and information requirements.
Key Terms
- Essential Safety Requirements
- Mandatory criteria that toys must meet to ensure they do not pose risks to children's health or safety, covering physical, mechanical, chemical, electrical, and hygiene hazards.
- Conformity Assessment
- A process by which manufacturers demonstrate that a toy meets all applicable safety requirements before it is placed on the EU market.
- EU Declaration of Conformity
- A formal statement by the manufacturer confirming that a toy complies with all relevant EU safety legislation.
- CE Marking
- A symbol affixed to toys indicating conformity with EU safety, health, and environmental protection standards.
- Digital Product Passport (DPP)
- A proposed digital record containing compliance and traceability information about a toy, accessible to authorities and, where relevant, consumers.
- Economic Operator
- Any entity involved in the supply chain of toys, including manufacturers, importers, distributors, and authorised representatives.
- Market Surveillance Authority
- A national body responsible for monitoring and enforcing compliance with toy safety requirements within the EU.
- Notified Body
- An independent organisation designated by an EU country to carry out conformity assessment tasks for certain toys requiring third-party evaluation.
- Traceability
- The ability to track a toy through all stages of production, distribution, and sale, ensuring accountability and facilitating recalls if necessary.
- Hazardous Substance Restrictions
- Limits or bans on the use of specific chemicals in toys to protect children's health and safety.