EU: Public consultation on the Toys Directive

 

A couple of days ago, the EU Commission launched a public consultation on a review of the Toys Directive.

The aim of the consultation is to gather information and views on how the Toy Safety Directive can better protect children, and to collect information on how to improve the Directive.

The Commission’s previous evaluation of the Toy Safety Directive identified several shortcomings that could compromise the health and safety of children, in particular where chemicals are concerned. The evaluation also noted that market surveillance remained particularly challenging, especially for online sales. Finally, it found that the transposition into national law by Member States of the regular amendments to the Toy Safety Directive for chemical requirements was not always satisfactory.

In the EU, Regulation No 1272/2008 on Classification, Labelling and Packaging (CLP) determines whether a substance or mixture displays properties that lead to it being classified as hazardous. The Toy Safety Directive generally bans in toys substances that are classified as carcinogenic, mutagenic or toxic for reproduction (CMRs) under the CLP Regulation, with only a few derogations. Substances under other hazardous classifications in the CLP Regulation are not currently covered by the general bans in the Directive. The chemicals strategy for sustainability commits to better protecting from the most harmful chemicals in toys and to extend the general bans to other most harmful chemicals, i.e. chemicals that affect the endocrine system, chemicals affecting the immune, neurological or respiratory systems, and chemicals toxic to a specific organ.

The Directive already preventively bans carcinogenic, mutagenic or toxic-for-reproduction substances based on their hazardous properties and generic exposure and risk considerations. Limited exemptions to the general bans are allowed.

Chemicals with adverse effects on the environment, including endocrine disruptors and chemicals that are persistent, bioaccumulative and toxic, are regulated under REACH.

The public consultation is open till 25 May 2022 and can be accessed HERE.