Toy safety: deal on new measures to protect children’s health

This article is brought to you in association with the European Parliament.

• Aim is to reduce the high number of unsafe toys in the EU, especially those sold online or imported from non-EU countries 
• Toys should not contain any carcinogenic substances, endocrine disruptors, or PFAS 
• Digital product passports will help speed up customs checks and improve consumers access to safety information 

The agreed draft legislation comes in response to a number of emerging challenges, such as risks relating to digital toys and the surge in online shopping.

On Thursday evening, Parliament and Council negotiators reached a provisional agreement on new EU toy safety rules to enhance the protection of children’s health and development. The deal strengthens the role of economic operators in improving toy safety, and clarifies requirements for safety warnings and the digital product passport (DPP). It expands the list of prohibited substances in toys.

Ban on harmful chemicals

In addition to the existing prohibition of carcinogenic, mutagenic, or reproductive toxic (CRM) substances, the agreed text also bans chemicals that pose particular risks to children, such as endocrine disruptors, substances harmful to the respiratory system, and chemicals that are toxic for the skin and other organs. At Parliament’s insistence, the new rules will ban the intended use of per- and polyfluorinated alkyl substances (PFASs) and the most dangerous types of bisphenols. Allergenic fragrances will be banned in toys intended to be placed in the mouth for children under 36 months.

Safety assessment

Before placing a toy on the market, manufacturers will have to carry out a safety assessment on all potential hazards − chemical, physical, mechanical, and electrical. The assessment will also have to test toys’ flammability, hygiene, and radioactivity, and take children’s specific vulnerabilities into account. For example manufacturers should, where appropriate, ensure that digital toys do not pose risks to children’s mental health − as requested by Parliament negotiators.

Economic operators and online marketplaces

The agreed rules clarify the obligations of economic operators, such as manufacturers, importers, and distributors. This also includes fulfillment service providers (companies responsible for storing, packaging, and dispatching toys). Changes were also introduced to align the agreed text with other legislation, such as the General Product Safety Regulation, the Ecodesign framework and the Digital Services Act.

The text clarifies requirements for online marketplaces, reflecting their growing role in the sale and promotion of toys. For example, marketplaces will have to design their platforms so as to allow sellers to display the CE mark, safety warnings, and a link (such as a QR code) to the digital product passport, to be visible before the purchase is completed.

Digital product passport

All toys sold in the EU will have to bear a clearly visible digital product passport (DPP) showing compliance with the relevant safety rules. The DPP will enhance the traceability of toys and make market surveillance and customs checks simpler and more efficient. It will also offer consumers easy access to safety information and warnings, via a QR code, for example.

Quote

Rapporteur Marion Walsmann (EPP, Germany) said: “Although we already have the safest toys in the world in the European Union, one in five products categorised as dangerous and withdrawn from the market by the EU was a toy. It was therefore very important to revise the 2009 Toy Safety Directive. We are reducing the risks posed by hazardous chemicals in toys and ensuring better labelling, including in online retail. We have also future-proofed the regulation: the Commission will be able to react more quickly to new scientific findings on chemical substances.. The new Toy Safety Regulation sends out a strong signal: for the protection of our children, fair competition and for Europe as a business location.”

Next steps

Parliament and the Council have concluded an “early second reading agreement” (the negotiation took place after Parliament’s first reading was adopted in plenary). The Council is now expected to adopt this agreement formally, and Parliament will then have to endorse the text in plenary, in second reading.

The regulation will enter into force 20 days after its publication in the EU Official Journal. Member states will then have 54 months to comply with the provisions.