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DRAFT 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

IMCO-PR-754649

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

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The draft report proposes amendments to the Commission's proposal for a regulation on toy safety, which would replace Directive 2009/48/EC. It aims to ensure a high level of child safety while allowing free movement of toys in the EU. Key changes include removing psychological and mental health from the general safety requirement, limiting noise limits to toys designed to emit sound, and replacing the EU declaration of conformity with a digital product passport that also covers other legislation like the Radio Equipment Directive. The report also adjusts rules for economic operators, provides support for SMEs, and extends transitional periods and evaluation timelines.

Committee position. The rapporteur proposes amendments to the Commission proposal, focusing on child safety, reducing administrative burdens, and ensuring coherence with other EU legislation.

Key points

  1. The general safety requirement should not include psychological and mental health, well-being and cognitive development of children, as these are difficult to assess and could lead to legal uncertainty.
  2. Toys designed to emit sound must comply with maximum values for impulse and continuous noise to protect children's hearing.
  3. The product passport should replace all EU declarations of conformity, including those under the Radio Equipment Directive, and be accessible based on access rights, protecting confidential business information.
  4. The Commission should adopt delegated acts to set common specifications and technical requirements for the product passport, and publish guidelines and an automatic translation tool for SMEs.
  5. Manufacturers, importers and distributors must act on information in their possession when toys are non-compliant or present a risk, and inform consumers via the Safety Gate Portal.
  6. The safety assessment must cover all hazards and be updated when new information is available.
  7. National measures on non-compliant toys must inform the economic operator and give them an opportunity to react.
  8. Toys placed on the market under Directive 2009/48/EC may continue to be made available for 54 months after entry into force, and the Commission evaluation is due 72 months after entry into force.
  9. Warnings must be visible before purchase, and the pictogram for warnings should be standardized.
  10. Packaging of food containing toys must bear a warning, and toy components inaccessible to children are exempt from certain chemical restrictions.

Who is affected

  • Manufacturers, importers, distributors and authorised representatives of toys in the EU.
  • Small and medium-sized enterprises (SMEs) and micro-enterprises producing toys.
  • Consumers and other end-users of toys, who get access to product passport information and communication channels.
  • Market surveillance authorities and customs authorities, who have access to product passport information.

Figures and deadlines

  • 54 months after entry into force: toys under Directive 2009/48/EC may continue to be made available.
  • 72 months after entry into force: first Commission evaluation of the Regulation.
  • 12 months after entry into force: Commission to adopt delegated acts on product passport technical requirements and publish SME guidance.

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