The new rules seek to decrease the number of unsafe toys sold in the EU and to protect children from toy-related risks.
Despite the EU having some of the world’s strictest rules on toy safety, dangerous toys still find their way into children’s hands. On Tuesday, MEPs confirmed an agreement with member states on new toy safety rules to improve the protection of children’s health and development. The update of an existing 2009 directive comes in response to the rise in online shopping (including from outside the EU) and the use of digital technologies. Member states and industry actors will have a 4 ½ year transition period to implement the new measures.
Stricter requirements on chemicals
The existing ban on carcinogenic and mutagenic substances and substances toxic for reproduction (CRM) is extended to chemicals that are particularly harmful to children, such as endocrine disruptors, substances that harm the respiratory system, and chemicals that are toxic for the skin and other organs. The new rules also ban the intentional use of per- and polyfluorinated alkyl substances (PFAS) and the most dangerous types of bisphenols. Allergenic fragrances will be prohibited in toys for children under 3 and in toys designed to be placed in the mouth.
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.
Digital product passport
The new rules will reduce the number of unsafe toys through better enforcement and more efficient customs checks. All toys must have 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.
Economic operators and online shops
The regulation clarifies and introduces stronger requirements for economic operators (such as manufacturers, importers, distributors and service providers). For example, manufacturers will be required to mark warnings in easily understandable language and if any toy-related risks arise, they will have to take corrective measures and inform market surveillance authorities and consumers immediately.
Reflecting their growing role in the sale and promotion of toys, online marketplaces will be obliged to set up their platforms in a way that allows sellers to display toys’ CE markings, safety warnings and digital product passports. Toys that do not comply with the safety rules will be considered “illegal content” under the Digital Services Act (DSA).