The European Parliament has established new marketing rules to reduce the number of unsafe toys sold in the EU and protect children from the risks associated with them.
Toys will have digital passports. Adobe stock photo
The European Union has some of the strictest rules on toy safety, but it doesn't seem to be enough as dangerous toys continue to find their way into children's hands.
MEPs have confirmed an agreement with EU countries on new toy safety rules aimed at improving the protection of children's health and development. The 2009 update of the directive comes in response to the increase in online shopping (including from outside the EU) and the use of digital technologies. Union countries and actors in the sector will have a transition period of four and a half years to implement the new measures.
More stringent requirements on chemicals
Existing bans on carcinogens, mutagens and reproductive toxicants are being extended to include chemicals particularly harmful to children, such as endocrine disruptors, substances affecting the respiratory system and substances toxic to the skin and other organs.
The new rules also prohibit the intentional use of perfluoroalkylated and polyfluoroalkylated substances (PFAS), as well as the most dangerous types of bisphenols. The use of allergenic fragrances will be prohibited in toys intended for children under three years of age and toys designed to be placed in the mouth.
Safety assessment
Before placing a toy on the market, manufacturers will need to carry out a safety assessment that examines all potential hazards, whether chemical, physical, mechanical or electrical. The assessment will also need to test for flammability, hygiene and radioactivity hazards and take into account the specific vulnerabilities of children. For example, where appropriate, manufacturers must ensure that digital toys do not pose risks to children's mental health.
Digital product passports
The new rules will reduce the number of unsafe toys through stricter enforcement and more effective customs checks. All toys must have a clearly visible digital product passport attesting that the toy complies with applicable safety regulations.
The digital product passport will improve the traceability of toys and simplify and streamline market surveillance and customs checks. The passport will also give consumers easy access to safety information and warnings, for example using a QR code.
New obligations for economic operators and online stores
The Regulation clarifies and tightens the requirements for economic operators (such as manufacturers, importers, distributors and service providers).
For example, manufacturers will be required to apply warnings using easy-to-understand language. Also, if toy-related risks arise, manufacturers will have to take corrective action and immediately inform market surveillance authorities and consumers.
Given the increasingly important role of online marketplaces in the context of the sale and promotion of toys, those marketplaces will be required to adapt their platforms to allow sellers to display toys' CE markings, safety warnings and digital product passports. Toys that do not comply with safety rules will be considered “illegal content” under the Digital Services Regulation.
“With the new toy safety regulation, Europe is sending a clear signal: safety must not be left to chance. Thanks to clear guidelines, modern safety requirements and fair transitional provisions, companies can plan and develop responsibly – and children can play without worry. This regulation is a win for everyone: consumers, producers and the future of our children”, said the rapporteur Marion Walsmann (EPP, Germany).
The new rules, in force 20 days after publication in the Official Journal
The new rules will enter into force on the 20th day after their publication in the Official Journal of the European Union.
The EU rules on toy safety set out the essential safety requirements that toys must meet in order to be placed on the Union market, regardless of whether they are manufactured in or outside the European Union. Toys must bear a CE mark, indicating compliance with European safety standards. In last year's report of the European Rapid Alert System for Dangerous Consumer Products, toys represented the second most dangerous product category (15%), being surpassed only by cosmetics (36%). At the same time, chemicals were the main source of risk in almost half of the alerts.
