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Attention! EU releases new toy safety regulations proposal

Time：

2024-03-27

Attention! EU releases new toy safety regulations proposal

Recently, the European Union has issued a new toy safety regulation proposal through the WTO, which aims to replace the current EU Toy Safety Directive (2009/48/EC), comprehensively upgrade toy safety requirements, have overall binding force, and directly apply to all EU member states. A general ban has been implemented on harmful chemicals in toys, and it is required to create product passports for toys, including compliance information.

The proposal is expected to take effect from 2024 to 2025 and will begin implementation in 2027 or 2028. This comprehensive upgrade mainly takes into account certain deficiencies in the previous directive in protecting children from the risks brought by toys, and the lack of effectiveness in the implementation of the directive. Toys sold online in the European Union still have safety hazards.

The main content of the regulatory proposal is:

01 Requirements for Toys
Article 5 and Article 6 of the proposal stipulate the following obligations:
(1) Toys should meet general and special safety requirements;
(2) Special warnings should be attached.
In addition, general safety requirements not only emphasize the scope of protecting the physical health and safety of users, but also incorporate the psychological health and cognitive development of children.

02 Special safety requirements for toys
The basic requirements for toys in the proposal attachment involve:
(1) Physical and mechanical properties;
(2) Flammability;
(3) Chemical properties;
(4) Electrical characteristics;
(5) Hygiene;
(6) Radioactivity.

The general restrictions on particularly harmful substances now include:
(1) Carcinogenic, mutagenic, or reproductive toxic substances;
(2) Endocrine disruptors;
(3) Respiratory allergens;
(4) Substances that are toxic to specific organs.

03 Obligations of Economic Operators
The proposal incorporates the obligations of producers, importers, and distributors consistent with Decision 768/2008/EC, which are consistent with the current directive. In addition, manufacturers must create toys that contain compliance information and product passports, which will replace the EU's compliance declaration.

04 Toy conformity presumption
When manufacturers adopt the relevant coordinated standards or partial standards published in the official gazette of the European Union, the presumption of toy compliance remains valid. However, to ensure that toys are presumed to comply with standards in the absence of relevant coordinated standards, the European Commission will have the authority to adopt common norms.

05 Product Passport
The conformity declaration of toy products in the EU market will be replaced by product passports, and toy manufacturers are obliged to provide product passports to prove that the products comply with regulatory requirements.
According to Annex 6 of the draft, the toy passport should include a unique product identifier for the toy, the name and address of the manufacturer or authorized representative of the manufacturer, the CE mark, a list of allergenic substances, and any high concern substances present in the toy. In addition, toy product passports can also include safety information, warnings, and instructions for use.

06 Qualification assessment
When manufacturers adopt relevant coordinated standards or general specifications, this proposal retains the manufacturer's internal control options.
If coordinating standards or general specifications:
(1) Not present;
(2) Not followed;
(3) If all risks of toys are not covered, third-party certification by designated institutions is still required.

07 Authorization Act
This proposal authorizes the European Commission to pass an authorization bill to adjust:
(1) The provisions on warnings in Annex III should be adapted to technological and scientific progress;
(2) Regulations allowing specific substances and mixtures, stating their permitted uses in toys, and new limits for specific substances in toys.

Before the transition period of the new EU regulations ends, toys placed on the market can continue to be sold, and toys entering the EU afterwards must comply with the new toy regulations. This bill introduces content related to digital product passports, which also applies to products sold online. Toys without digital product passports will not be able to enter the EU market.