MEPs on the European Parliament’s Committee on the Internal Market and Consumer Protection (IMCO) expressed, on Tuesday 13 February, their full support for the proposal for a regulation to improve the safety of toys placed on the EU market, to ensure that in future only safe toys will be allowed on the internal market, regardless of where they come from.
The draft report by Marion Walsmann (EPP, German) was adopted unanimously (37 votes) on this legislation proposed in July to transform a directive (2009/48/EC) into an EU regulation, strengthen the protection of children from toxic chemicals, adapt legislation to the digital age and guarantee fair competition rules in the internal market (see EUROPE 13232/3).
This unanimous support was expected, as the European Parliament had already taken the lead in February 2022 in an own-initiative resolution adopted by an overwhelming majority on the basis of the report by Brando Benifei (S&D, Italian) (see EUROPE 12893/14).
The draft ‘Walsmann’ report makes a few marginal changes to the Commission’s proposal.
A digital toy passport valid as a declaration of conformity. This passport will improve market surveillance and border controls. MEPs also want consumers to have easy access to safety information, for example via a QR code. They also call on the Commission to support and guide toy manufacturing SMEs in carrying out safety assessments and complying with product passport requirements.
Artificial intelligence/connected toys. To avoid overlap with existing EU rules, MEPs specify that digital toys with artificial intelligence will have to comply with EU legislation on artificial intelligence, which classifies them as high-risk and subjects them to third-party assessments, risk management, transparency and human oversight.
Under EU cybersecurity rules, internet-connected toys that have interactive social functions (e.g. talking or filming) may also require a third-party conformity assessment. The safety assessment will need to take into account risks to health and, where appropriate, mental health, to ensure that the highest standards of child welfare are met.
Toys must also comply with recently updated general product safety rules, for example regarding online sales, accident reporting, consumers' right to information and repair (see EUROPE 13169/35, 13153/12).
Given the very tight schedule at the end of this legislative period, the draft report will be put to the vote at a forthcoming plenary session and will constitute Parliament’s position at first reading. The issue will be monitored by the new Parliament after the European elections of 6-9 June. (Original version in French by Aminata Niang)