Safety of toys and repealing Directive 2009/48/EC
TA-9-2024-0144 · P9_TA(2024)0144 · PE754.649
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Parliament's amended version of the proposed regulation on toy safety replaces Directive 2009/48/EC, laying down rules to ensure a high level of protection of children's health and safety and free movement of toys in the Union.¶¶ It updates chemical safety requirements, including generic prohibitions for hazardous substances, introduces a digital product passport for toys, and sets obligations for economic operators and online marketplaces.¶¶¶
Key points
- Toys must comply with essential safety requirements covering physical, mechanical, flammability, chemical, electrical, hygiene and radioactivity hazards, and must not present risks to children's psychological and mental health.¶¶
- The use of substances classified as carcinogenic, mutagenic, toxic for reproduction, endocrine disruptors, respiratory sensitisers, and certain other hazardous chemicals is prohibited in toys, with possible time-limited exemptions if safe and no alternatives exist.¶¶¶
- Toys must not contain PFAS or bisphenols; toys for children under 36 months or intended for the mouth must not contain fragrances.¶
- Manufacturers must create a digital product passport for each toy model, accessible via a data carrier, containing specified information and replacing EU declarations of conformity.¶¶¶
- Importers and distributors must verify compliance, and any person placing a toy under their own name or modifying it may be considered a manufacturer.¶
- Online marketplaces must comply with obligations under Regulation (EU) 2023/988.¶
- Conformity assessment procedures include internal production control or EU-type examination, depending on the availability and application of harmonised standards.¶¶
- Market surveillance authorities can take action against toys presenting risks, even if compliant with particular safety requirements, and the Commission can adopt measures for toys posing risks.¶¶¶
- Member States must lay down penalties for infringements and notify the Commission by a specified date.¶
- Directive 2009/48/EC is repealed, with transitional provisions allowing toys placed on the market under that Directive to continue being made available for a limited period.¶¶
Who is affected
- Manufacturers, importers, distributors, authorised representatives, fulfilment service providers and online marketplaces of toys.¶¶
- Children under 14 years of age, as toys are products designed or intended for their use in play.¶
- Conformity assessment bodies and notified bodies, which must meet requirements and undergo notification.¶¶
- Customs authorities, which must verify digital product passports for imported toys.¶¶
Figures and deadlines
- 10 years: period for keeping technical documentation and digital product passport after the last item of the toy model is placed on the market.¶¶¶
- 5 years: period for keeping personal data in internal registers of complaints.¶¶
- 30 days: deadline for providing technical documentation or translation upon request, unless shorter justified.¶
- 3 months: period for objections to provisional measures; 2 months for objections to notification of conformity assessment bodies.¶¶
- 0,01 mg/kg for nitrosamines and 0,1 mg/kg for nitrosable substances: migration limits.¶
- 100 mg/kg: concentration threshold for labelling fragrance allergens.¶¶
Legal basis: Article 114 of the Treaty on the Functioning of the European Union¶