EU: New Toy Safety Regulation adopted by the Council

 

The Council has recently given its final approval to the new Toy Safety Regulation, marking a significant update to EU toy safety rules. The new legislation strengthens existing safety standards, enhances protection against harmful chemicals, and introduces digital product passports (DPPs) to improve enforcement and market surveillance.

Under the new regulation, several hazardous chemical substances — including endocrine disruptors, skin sensitisers, biocidal products, and per- and polyfluoroalkyl substances (PFAS) — are now banned or restricted in toys.

The introduction of the Digital Product Passport (DPP) will play a key role in reinforcing compliance. Each DPP will contain essential safety information, enabling more efficient customs checks and market surveillance.

Until now, toy safety in the EU was governed by Directive 2009/48/EC, which set out the requirements for toys manufactured or imported into the EU. The updated regulation aligns with the EU Chemicals Strategy for Sustainability, which aims to enhance protection for consumers and vulnerable groups from the most harmful substances.

Key Updates

Safety Assessments

• Manufacturers must assess the health risks of digitally connected toys, including potential effects on mental health.
• Safety assessments for chemical hazards must consider exposure to individual substances, combined chemical effects, and any unintended presence of restricted substances.

Chemicals

• Expanded bans and restrictions apply to PFAS, endocrine disruptors, and skin sensitisers.

Digital Product Passport (DPP)

• Replaces the traditional EU declaration of conformity; each DPP corresponds to a specific toy model.
• Must be available for 10 years after the toy is placed on the market, even in cases of insolvency, liquidation, or business closure.
• Where other EU laws require a DPP, a single passport can fulfil all obligations.
• A back-up copy of each DPP must be maintained by a designated service provider.
• By completing the DPP and applying the CE marking, the manufacturer declares full compliance with the Regulation.

Digital Product Passport Registry

• Before placing a toy on the market, the responsible economic operator must upload the unique product identifier, operator identifier, and, where relevant, the commodity code to the registry established under Article 13 of the Ecodesign for Sustainable Products Regulation.

Data Carrier

• Information from the DPP must be digitally accessible through a data carrier attached to the toy, its packaging, or accompanying documentation.
• Depending on access rights, market surveillance authorities, customs, economic operators, and consumers will be able to access the relevant information directly.

The Council’s vote represents the formal adoption of its first reading position, expected to be the final step at the Council level. The text will now proceed to the European Parliament for approval. Once adopted, the new rules will apply in full after a transition period of four and a half years.

To find out more about product compliance in the EU and the compliance for toys, do not hesitate to contact the Product Compliance Institute.