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EU Toy Safety Directive to be upgraded to Toy Safety Regulations


Time:

2024-01-10

The European Commission has proposed the EU Toy Safety Regulations, which aim to completely replace the current EU Toy Safety Directive (Directive 2009/48/EC), comprehensively upgrade toy safety requirements, have overall binding force, and directly apply to all EU member states.

Recently, the European Commission proposed the EU Toy Safety Regulations, which aim to completely replace the current EU Toy Safety Directive (Directive 2009/48/EC), comprehensively upgrade toy safety requirements, have overall binding force, and directly apply to all EU member states.

 

This comprehensive upgrade mainly takes into account certain deficiencies in the previous directive to protect children from the risks that toys may bring, especially in terms of the risks caused by harmful chemicals; At the same time, the implementation of the directive also lacks effectiveness, especially in the context of online sales, there are still many unsafe toys on the EU market.

 

 

The major upgrade required this time is mainly reflected in the following two aspects:

(1) Expanding the universal approach for harmful chemical substances - based on a universal preventive ban, while fully prohibiting carcinogenic, mutagenic, or reproductive toxic substances (CMRs) in toys, substances of special concern such as endocrine disruptors or substances that affect the immune, nervous, or respiratory systems will also be controlled or restricted to ensure more consistent protection for consumers, vulnerable groups, and the natural environment. New prohibited substance categories:
Endocrine interference type 1 or endocrine interference type 2
Specific target organ systemic toxicity category 1, regardless of single or repeated exposure
Respiratory allergy type 1
(2) Strengthen the supervision of online sales of products and increase the requirement for "digital identity passports". All toys will have a "digital product passport" through the data carrier (QR code), and importers must submit their digital product passport to EU border customs for customs inspection to prevent unsafe toys from entering the EU market, including toys sold online. The European Commission will establish a central registry to protect "digital identity passport" information.

 

In addition, there are some details that are of concern, such as the control of multiple organic compounds originally listed in the Toy Safety Directive Appendix C for "toys for children under three years old or toys or toy parts that can be placed in children's mouths". Currently, the draft does not include the words "toys for children under three years old or toys or toy parts that can be placed in children's mouths", That is to say, the product range applicable to these organic compounds (TCEP, TCPP, TDCP, formamide, BIT, CMI+MI, CMI, MI, phenol, formaldehyde, aniline) may be expanded, and the BPA control in this list has been removed (this may be because the REACH regulation of the European Union is proposing stricter bisphenol control, which is more stringent than this requirement).

 

Once the bill is passed (expected to be in 2024), there will be a transition period (the current proposal mentions 30 months, and some provisions such as market supervision will be longer). Before the end of the transition period, toys placed on the market can continue to be sold until the inventory is sold out. Subsequently, toys entering the EU must comply with new toy regulations, and for non compliant toys, there is a risk of being removed from the EU shelves. At the same time, all digital product passports will be screened at the border, and toys without a "digital identity passport" will not be able to enter the EU market.

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