EU: New toy safety regulation!

 

The EU Commission has unveiled a Proposal for a Regulation by the European Parliament and the Council, concerning toy safety, while simultaneously repealing Directive 2009/48/EC. This new Regulation is set to replace Directive 2009/48/EC, which established the criteria toys must meet to be placed on the Union market. Notably, it introduces a set of general bans on the most harmful chemicals in toys and mandates the creation of a product passport containing compliance information for toys.

This Regulation is anticipated to come into effect around 2024-2025, with implementation beginning in 2027 or 2028. Thus far, toys have been governed by Directive 2009/48/EC, which outlines safety standards for toys sold in the EU, regardless of their origin within or outside the EU, with the aim of ensuring the free circulation of toys within the internal market.

An evaluation by the Commission of the Directive identified several shortcomings in its practical application since its adoption in 2009. It particularly highlighted deficiencies in ensuring a high level of child protection from potential toy-related risks, especially those posed by harmful chemicals. Additionally, the evaluation found that the enforcement of the Directive lacked effectiveness, particularly in the context of online sales, resulting in many unsafe toys remaining available on the Union market.

The Chemicals Strategy for Sustainability (CSS) called for extending the generic approach towards harmful chemicals, focusing on preventive bans, to provide more consistent protection for consumers, vulnerable groups, and the environment. The CSS specifically advocated for strengthening the Directive’s provisions regarding protection from the risks posed by the most harmful chemicals, as well as addressing potential combinations of chemicals. While the Directive already includes a general ban on substances in toys that are carcinogenic, mutagenic, or toxic for reproduction (CMRs), it does not cover other substances of concern, such as endocrine disruptors or those affecting the immune, nervous, or respiratory systems.

On February 16, 2022, the European Parliament almost unanimously passed a report calling on the Commission to revise the Directive to enhance child protection against chemical risks, address risks associated with internet-connected toys under EU law, and improve enforcement, especially concerning online sales.

Furthermore, the Commission’s Communication of March 16, 2023, on the long-term competitiveness of the EU outlined strategies to bolster competitiveness, including a functioning internal market and digitalization. These themes are incorporated into the current proposal.

To address the issues identified in the evaluation and impact assessment report and to align with the Commission’s CSS, this proposal aims to address two key problems in the Directive. First, it seeks to enhance child protection from hazardous chemicals in toys by expanding the Commission’s authority to amend the Directive in light of scientific knowledge. Second, it aims to tackle the prevalence of non-compliant toys in the EU market, which poses risks to children. The introduction of a product passport is one of the new measures in the Regulation, expected to reduce the number of non-compliant toys in the Union market, including those sold online. This regulation will ensure that any toy presented at customs can only enter the Union market if it has a corresponding product passport, thereby guaranteeing compliance with safety standards.

By adopting the ‘product passport’ proposed by the Commission for ecodesign Requirements for sustainable products (‘ESPR’), consistency in the product passport under both Regulations will be maintained, and synergies can be realized when toys are covered by delegated acts under ESPR.

To find out more about toy compliance and toy safety in the EU and worldwide, please contact the Product Compliance Institute directly.