The European Commission welcomes the provisional political agreement between the European Parliament and the Council on the new toy safety rules, following the Commission's proposal for a Regulation on Toy Safety from 28 July 2023.
The new Regulation will ban the use of harmful chemicals, such as PFAS, endocrine disruptors and bisphenols, in toys. All toys will have a Digital Product Passport to prevent unsafe toys sold online and offline from entering the EU. The Regulation sets stricter rules on online sales and give inspectors greater powers to remove dangerous toys from the market. This will ensure that imported toys are as safe for consumers as toys manufactured in the EU.
The new requirements
Building on the existing rules, the new Toy Safety Regulation will update the safety requirements that toys must meet to be marketed in the EU, whether they are manufactured in the EU or elsewhere. More specifically, today's agreement will:
- Better protect against harmful chemicals: In addition to the substances already banned, the new Regulation will prohibit the use of chemicals that affect the endocrine system (endocrine disruptors) or the respiratory system, those that can create skin allergies or are toxic to a specific organ. It will also ban the use of dangerous bisphenols and per- and polyfluoroalkyl substances (PFAS) in toys.
- Better use of digital tools: with the new Regulation, all toys will be required to have a Digital Product Passport in the format of a data carrier, such as a QR code, on the toy. Consumers or authorities will easily see the toy's product, compliance and other information. Importers will have to submit digital product passports at the EU borders, including for toys sold online. A new IT system will screen all digital product passports at the EU's external borders and will identify the shipments that need detailed controls at customs. Checks on toys by national inspectors will be facilitated, as information will be readily available in the digital product passport. This will streamline actions against unsafe toys in the EU and ensure that all toys manufacturers can compete equally and fairly.
Next step
The political agreement is now subject to formal approval by the European Parliament and the Council. It will entry into force after 20 days following its publication in the Official Journal. The Regulation foresees a transition period for industry and authorities to adapt to the new rules.
Background
Directive 2009/48/EC on the safety of toys lays down the safety requirements that toys must meet to be placed on the EU, irrespective of whether they are manufactured in the EU or in third countries. This facilitates the free movement of toys within the Single Market.
However, following an evaluation of the Directive, the Commission identified a number of weaknesses in the practical application of the Directive since its adoption in 2009. In particular, there is a need for a higher level of protection from possible risks in toys, specifically from risks posed by harmful chemicals. Also, the evaluation concluded that the Directive needs to be implemented more efficiently, particularly regarding online sales.
As a result, the Commission presented the proposal for a Regulation on Toy Safety on 28 July 2023.
