The EU Council adopted, on Wednesday 15 May, its negotiating mandate for the regulation on toy safety and child protection within the EU.
This regulation, proposed by the Commission in July 2023, aims to increase protection against harmful chemical substances (such as endocrine disruptors or heavy metals) and to strengthen the rules of implementation thanks to a new digital passport for the products concerned (see EUROPE 13232/2).
The Commission’s initial proposal introduces a digital product passport which will include information on the safety of the toy so that border control authorities can scan these codes with a new computer system.
The EU Council’s negotiating mandate approves the broad lines of the Commission’s proposal, but introduces several additional improvements to clarify the obligations of economic operators and online marketplaces.
The text adopted defines more strictly the content of the digital passport to be imposed on products, leaving the determination of the scope of the technical requirements to future implementing acts adopted by the Commission.
However, the EU Council considers that online sales platforms play an important role in intermediating the sale or promotion of toys between retailers and consumers. As a result, the EU Council states that toys that do not comply with the regulation will be considered illegal content under the Digital Services Act (DSA).
The EU Council’s mandate also increases the number of substances banned from toys by including ‘biocidal’ products, substances including preservatives, insecticides, disinfectants and pesticides used to control harmful organisms.
These substances will be banned in the design of toys, with the exception of those intended to be permanently placed outdoors.
For its part, the European Parliament adopted its position in plenary session last March (see EUROPE 13370/26). With the elections approaching, it will be for the next Parliament to follow up on this legislative dossier. (Original version in French by Isalia Stieffatre)