Toy Safety: EU Council's Position
"Safety of toys deserves our utmost attention and we should certainly keep protecting our children from non-compliant products being manufactured or imported." Pierre-Yves Dermagne, Belgian Deputy Prime Minister and Minister for the Economy and Employment
The Council has adopted its position (negotiating mandate) on the toy safety regulation that updates the rules to protect children from risks related to the use of toys.
The changes to the proposal clarify obligations for economic operators and online marketplaces, establish a digital product passport and warnings, and expand the list of prohibited substances in toys.
European Commission proposal: protection from chemicals and the digital passport
- Other dangerous chemicals like endocrine disruptors and those affecting respiratory system or organs to be included in the toy safety regulation.
- Non-compliant and unsafe toys in EU market reduced by bolstering enforcement, especially for imported toys.
- The Digital Product Passport (DPP) is proposed, containing safety information for border control authorities to scan via a new IT system;
- Commission is empowered to update regulation and remove toys from market if new risks emerge.
European Council position: Obligations of economic operators
- Manufacturers are to be mandated to provide warnings in easily understandable languages; they must also notify other economic operators in the distribution chain about any product conformity issues.
- Toy importers are to be obligated to inform producers and market surveillance authorities if they suspect a toy poses a risk.
- The mandate clarifies obligations of 'fulfilment service providers' in the toy supply chain, recognising their role in placing toys on the market, especially those from third countries or bought online; their obligations are limited to their specific role in the supply chain.
Providers of online marketplaces
- Toys that do not conform to toy safety regulations will be considered illegal content under the DSA
- Online marketplace providers have to ensure displaying the CE marking and providing a link to the Digital Product Passport (DPP)
Digital product passport and warnings
- The Council introduces the definition of "Digital Product Passport"
- The Council aligns DPP to ESPR (Ecodesign for Sustainable Products Regulation)
- The Council clarifies the requirements for warning notices
Chemicals
- The Council aligns toy safety regulation with CLP (classification, labelling and packaging) regulation, limiting the ban on CMR substances to those with harmonised classification.
- The Council introduces bans on skin sensitisers, toys with a biocidal function.
- The Council provides certain allowances for preservatives in certain materials.
- The Council updates the specific rules regarding the labelling of certain allergenic fragrances.
The Council’s negotiations with the European Parliament, which will start as soon as the newly installed Parliament adopts its position.