The European Commission is proposing to update EU legislation on toy safety while transforming Directive 2009/48/EC into a legally binding regulation that will apply immediately when adopted.
The aim of the regulation proposed on Friday 28 July is threefold: to strengthen the protection of children from toxic chemicals, to adapt legislation to the digital age and to guarantee fair competition rules in the internal market.
Under this future regulation (legal basis Article 114, ‘Internal Market’), only safe toys that comply with EU safety requirements may be placed on the European market, whether they are manufactured in the EU or in third countries.
Increased protection against chemicals. In addition to the ban on substances that are Carcinogenic, Mutagenic or toxic to Reproduction (‘CMR’ substances) already in force in the EU under the current directive, the Commission is proposing to ban the use of endocrine disruptors and chemicals that affect the respiratory system or are toxic to a specific organ.
A digital toy passport valid as a declaration of conformity. Modelled on the provisions of the proposed Ecodesign for Sustainable Products Regulation, this passport will make it possible to ensure the traceability of toys and the chemical substances they contain, thereby improving market surveillance. The manufacturer will be required to create a product passport for the toy. The conformity information will have to be included and will replace the EU declaration of conformity.
“Enforcement (of the legislation) will be stepped up thanks to digital technologies, allowing unsafe toys to be more easily detected, notably at EU borders. As a result, the proposal increases the level playing field for the EU toy manufacturing industry – especially SMEs – by eliminating unfair competition, while further improving the safety of our children”, commented the European Commissioner for Internal Market, Thierry Breton.
The products excluded from the scope of the proposed regulation are listed in Annex I. These are the same as those in the directive, with the exception of slings and catapults. Annex II lists the main categories of essential requirements applicable to toys.
The Commission’s assessment of the directive revealed shortcomings in terms of protection against chemicals and shortcomings in its enforcement, particularly in the context of online sales.
In an own-initiative resolution in February 2022, the European Parliament had called for better protection for children against chemical substances in toys (see EUROPE 12893/14).
To consult the draft regulation: https://aeur.eu/f/89v
To consult the annexes: https://aeur.eu/f/8a1 (Original version in French by Aminata Niang)