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Update of the EU Toy Safety legislation

On 28 July 2023, the European Commission published its revised version of the Toy Safety legislation. The revision aims to fully protect children from harmful chemicals while ensuring that non-compliant toys do not enter the EU market.

The proposal transforms the 2009 Directive into a Regulation and will continue to cover all ‘products designed or intended, whether or not exclusively, for use in play by children under 14 years of age'.

The proposed Regulation maintains the prohibition of substances that are carcinogenic, mutagenic or toxic for reproduction (CMRs) and adds a prohibition to use other chemicals in toys considered particularly harmful for children, i.e. chemicals that affect the endocrine system (endocrine disruptors), and chemicals affecting the respiratory system or that are toxic to a specific organ.

However, the European Commission has foreseen derogations to the mentioned generic bans when the use of these substances in toys do not pose a risk to children and there are no alternatives. Both conditions must be met.

In addition, all toys will be required to have a Digital Product Passport, which will include information demonstrating compliance with the proposed Regulation. This will supposedly contribute to a better enforcement of the legislation by market surveillance authorities. Under the new rules, importers will also have to submit the digital product passport to customs at the EU borders.

A public consultation is currently open on the proposal.


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