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REPORT (COM(2023)0462 – C90317/2023 – 2023/0290(COD))

On the proposal for a regulation of the European Parliament and of the Council on the safety of toys and repealing Directive 2009/48/EC

A-9-2024-0044

Committee on the Internal Market and Consumer Protection · Rapporteur: Marion Walsmann

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Parliament's amended version of the proposed regulation on toy safety sets out essential safety requirements, bans certain hazardous chemicals, and introduces a digital product passport for toys. It strengthens obligations for manufacturers, importers, distributors, and online marketplaces, and requires warnings to be visible online. The text also provides for SME support, customs controls, and a review of the regulation after 68 months.

Committee position. The Committee on the Internal Market and Consumer Protection proposes amendments to the Commission proposal, strengthening safety requirements, introducing a digital product passport, and adjusting obligations for economic operators.

Key points

  1. The regulation aims to improve the internal market while ensuring a high level of consumer protection and health and safety of children.
  2. Toys must not present risks to safety or health, and manufacturers of digitally connected toys must consider risks to mental health and cognitive development.
  3. Warnings must be clearly visible before purchase, including online, and the Commission will set criteria for visibility and legibility.
  4. Manufacturers must create a digital product passport for each toy model, which replaces all EU declarations of conformity.
  5. The digital product passport must be accessible to consumers and authorities based on access rights, and must be interoperable with other EU product passports.
  6. Online marketplaces must comply with obligations under the General Product Safety Regulation.
  7. The use of certain hazardous substances, including PFAS and bisphenols, is prohibited in toys.
  8. The Commission must provide SMEs with guidance and translation tools for digital product passports.
  9. Customs authorities will automatically verify the existence of digital product passports for imported toys.
  10. The regulation will be evaluated after 68 months, assessing its impact on safety, internal market, and presence of certain metals.

Who is affected

  • Manufacturers of toys, including SMEs, must create digital product passports and comply with new safety requirements.
  • Importers and distributors have updated obligations, including informing manufacturers of non-compliance.
  • Online marketplaces must comply with the General Product Safety Regulation's requirements.
  • Children, including those with disabilities, are the primary beneficiaries of enhanced safety measures.

Figures and deadlines

  • 10 years: period for keeping technical documentation and digital product passport after last item of toy model placed on market.
  • 10 mg/kg: limit for fragrance allergens in toys, replacing 100 mg/kg.
  • 68 months: period after entry into force for first evaluation of the regulation.
  • 50 months: period after entry into force for toys placed under old directive to continue being made available.
  • 12 months: period for Commission to adopt delegated acts on digital product passport technical requirements.

Legal basis: Article 114 and Article 294(2) of the Treaty on the Functioning of the European Union