New Toy Safety Regulation: Key Changes and Implications

Forthcoming legislative changes in the EU toy industry are set to bring significant transformations in various areas, affecting all stakeholders in the toy sector. The proposed new regulation, which will replace the current Toy Safety Directive 2009/48/EC, introduces several key changes aimed at enhancing safety, streamlining compliance, and adapting to technological advancements. Here’s an overview of these critical updates and their implications for the industry:

The proposed regulation maintains the same scope, with no changes to the definition of ‘toy’ as outlined in Directive 2009/48/EC. However, there is a slight change in the exempted products: slings and catapults are no longer excluded from the scope of the Regulation. This change could have implications for manufacturers who previously did not need to consider these products under the toy safety framework. Additionally, the Commission now has the power to determine through implementing acts whether a specific product or category should be classified as a toy, providing more flexibility and adaptability in the regulatory framework.

The new regulation brings a considerable strengthening of chemical safety requirements. While the categories of particular safety requirements in Annex II remain the same, the restrictions on certain chemical substances have been significantly tightened. The new rules impose broader restrictions on substances that are particularly harmful to health. These include substances that are carcinogenic, mutagenic, or toxic for reproduction (CMRs), endocrine disruptors, respiratory sensitizers, and substances toxic to specific organs. Additionally, the regulation introduces a ban on per- and polyfluorinated alkyl substances (PFASs) in toys, reflecting growing concerns over the environmental and health impacts of these chemicals. These enhancements are likely to lead to stricter testing and certification procedures for toys entering the EU market.

One of the major changes in the proposal is the digital product passport. The EU declaration of conformity, which demonstrates the compliance of toys with regulations, has been replaced by a digital product passport. The passport created by the manufacturer will serve as the primary document declaring a toy’s compliance with the requirements of the Regulation. Connected through a data carrier to a unique product identifier, the product passport will meet the same technical requirements as those outlined in the Ecodesign for Sustainable Products Regulation (ESPR).

According to Annex IV of the proposal, product passport will include following information:

In this way, it will contribute to reducing the administrative burden on authorities and companies. It is also aimed to enhance the effectiveness of inspections at customs and in the market by more automated controls on products imported from third countries.

To enhance communication between economic operators, market surveillance authorities, and consumers or other end-users, manufacturers and importers should provide a website, email address, or other digital contact information in addition to their postal address.

The new regulation will become applicable 30 months after its entry into force, allowing time for all stakeholders to adapt to the new requirements. Directive 2009/48/EC will be repealed and replaced by the proposed regulation, ensuring a smooth transition to the updated framework.

Another significant development for the industry, alongside the new toy regulation, is the introduction of the General Product Safety Regulation (GPSR) – (EU) 2023/988. Set to take effect on December 13th, 2024, this regulation will replace the existing General Product Safety Directive (GPSD).

GPSR applies to “products that are placed or made available on the market insofar as there are no specific provisions with the same objective under Union law which regulate the safety of the products concerned.” This means that the GPSR applies to all consumer products, whether they are CE marked or not. In other words, if there are risks associated with a toy that are not covered by the new toy safety regulation, the GPSR will step in and require that the products are safe and that the risks are mitigated.

These are some of the main changes in the GPSR:

For more information on the GPSR, read this article.

What is the classification of retailers under the New Toy Safety Regulation?

Retailers are defined as distributors in the same way as in Directive 2009/48/EC and this definition has not been changed. (Distributor: Any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a toy available on the market)

What are my responsibilities as a retailer in New Toy Safety Regulation?

When making a toy available on the market, you must act in line with requirements of distributors set out in Article 10 of this Regulation. These are summarised as:

As a company importing directly from a non-EU or non-UK supplier, what are my obligations?

You are in the position of an “importer” and have certain responsibilities:

Can these responsibilities be fulfilled by a different economic operator?

Yes, most can be handled by an authorised representative, provided that they are located in the market you want to sell to. When you have found a potential authorised representative, make sure that the manufacturer authorises it to perform the required tasks.

What are the responsibilities if I distribute own-brand products in the EU? 

When distributing own-brand products, you are considered a “manufacturer,” which means you have greater responsibilities compared to a distributor or importer. This implies that you are fully responsible for the toy’s safety. This includes the preparation of technical documentation and affixing the correct markings (CE marking, warnings). If you plan to place products on the EU market directly, you must have an authorised representative established in the EU. This is also required for GPSR products.

For more information about authorised representatives, read this article.

Do you need assistance on complying with the new requirements on the toy industry, or would you require authorised representative services for the EU and UK markets? Do not hesitate to contact us.