As reported by the Council of the European Union, on 15 May 2024, the Council adopted its position (negotiating mandate) on the Toy Safety Regulation, which updates the rules to protect children from risks that may arise from the use of toys. The proposed legislation aims to improve protection against harmful chemicals and strengthen enforcement rules through a new digital product passport. The position sets out the content of the digital product passport and warnings, and increases the number of substances whose presence is banned in toys. You can find the key points here:
- The Toy Safety Regulation is intended to update the directive and improve protection against harmful chemicals.
- The ban on carcinogenic, mutagenic and reprotoxic substances will be extended to endocrine disruptors and other hazardous chemicals.
- The enforcement of regulations for imported toys is to be improved in order to reduce the number of unsafe toys on the EU market.
- A digital product passport is to be introduced that can be checked by border control authorities.
- The Commission can adapt the regulation and withdraw dangerous toys from the market.
- The obligations of economic operators will be adapted to the Regulation on general product safety and online sales.
- Producers must affix warnings in the specified languages and inform other stakeholders about product conformity.
- Importers must inform producers and authorities if a risk is suspected.
- Fulfilment service providers are considered economic operators and their obligations are limited to their role in the supply chain.
- Onlinemarketplaces must provide the CE marking, warnings and links to the digital product passport.
- The term "digital product passport" is defined and technical requirements are specified.
- The ban on CMR substances is limited to harmonised classifications.
- Bans on skin allergens, toys with a biocidal function and the treatment of toys with biocidal products are introduced.
- The regulations for allergenic fragrances in toys are being updated.
Next steps: With the general approach established, the Council's negotiating position will be formalised. The Council Presidency will receive a mandate for negotiations with the European Parliament, which will begin as soon as the Parliament in its new composition has finalised its position.
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