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

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

ENVI-AD-758211

Committee on the Environment, Public Health and Food Safety · Rapporteur: Sara Cerdas

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The Committee on the Environment, Public Health and Food Safety proposes amendments to the proposed regulation on toy safety, aiming to strengthen chemical safety requirements and align with the precautionary principle and One Health approach. The amendments expand prohibitions on hazardous substances, including PFAS, bisphenols, and certain heavy metals, and tighten conditions for exemptions, requiring time-limited exemptions and substitution plans. They also require warnings to be visible before purchase, including online, and mandate that health warnings remain on physical labels even if QR codes are used.

Committee position. The Committee proposes amendments to strengthen chemical safety in toys, including broader prohibitions, stricter exemption conditions, and enhanced labelling requirements.

Key points

  1. The regulation should be implemented following the One Health approach and the precautionary principle as defined in Article 191 TFEU.
  2. The implementation should support the goals of the 8th EAP, including zero pollution and substituting substances of concern.
  3. Chemicals that are mobile, persistent, bioaccumulative and toxic are particularly harmful and should be addressed in toys.
  4. Exemptions from generic prohibitions should be time-limited, require a substitution plan, and be subject to review.
  5. Limit values for arsenic and organic tin should be set at half the safe values; chromium VI, cadmium, mercury and lead should not be allowed unless technically unavoidable.
  6. Toys should not contain any bisphenols or PFAS.
  7. Warnings must be marked on the first page next to the product photo for online sales.
  8. Manufacturers may add QR codes but must always mark health warnings on physical labels.
  9. Exemptions for substances prohibited under specific points of Annex II require conditions including safety assessment, technical impossibility of substitution, and no prohibition under REACH.
  10. ECHA opinions and requests for assessment must be made publicly available, with certain information disclosed.
  11. The Commission shall assess whether prohibited substances require further sectoral or horizontal restriction.
  12. Cosmetic toys must comply with Regulation (EC) No 1223/2009, and toys shall not contain nitrosamines or nitrosatable substances above specified limits.

Who is affected

  • Toy manufacturers: must meet stricter chemical prohibitions and labelling requirements, including for online sales.
  • Children: benefit from enhanced protection against hazardous chemicals in toys.
  • European Chemicals Agency (ECHA): responsible for safety assessments and providing opinions, with adequate resources.
  • Online retailers: must display warnings and pictograms on the first page of product listings.

Figures and deadlines

  • 0,01 mg/kg for nitrosamines and 0,1 mg/kg for nitrosatable substances in toys.
  • 10 mg/kg threshold for listing fragrance allergens on toys.
  • 12 months period for ECHA opinions from receipt of request.

Legal basis: Article 191 TFEU (precautionary principle) and Article 290 TFEU (delegated acts).