Public consultation on EU proposal for a regulation on the safety of toys and repealing Directive 2009/48/EC

2nd May 2024 | Open Consultations

The Department of Enterprise, Trade and Employment is seeking the views of stakeholders and interested parties on a proposal for a Regulation on the Safety of Toys and Repealing Directive 2009/48/EC.

On 28 July 2023, the European Commission published the Proposal for a Regulation on the Safety of Toys and Repealing Directive 2009/48/EC. Converting the Directive into a Regulation eases the burden of transposing regular amendments of the current Directive, which in the past has led to regulatory amendments applying inconsistently across the EU.

The general objective of this Regulation is to ensure the highest level of safety for children, and to enable the free circulation of toys in the EU. Building on the existing rules, this proposal updates the safety requirements that toys must meet to be marketed in the EU, whether they are manufactured in the EU or elsewhere. More specifically, the proposal will:

Increase protection from harmful chemicals: The proposal not only maintains the current prohibition of substances that are carcinogenic, mutagenic or toxic for reproduction (CMRs), but it also prohibits the use of other harmful chemicals in toys. The proposal targets chemicals that are particularly harmful for children.

Strengthen enforcement: The proposal aims to ensure that only safe toys will be sold in the EU. All toys will be required to have a Digital Product Passport, which will include information on compliance with the proposed Regulation. Importers will have to submit digital product passports for all toys at the EU borders, including for those sold online. A new IT system will screen all digital product passports at the external borders and will identify the shipments that need detailed controls at customs. National inspectors will continue to be responsible for carrying out checks on toys. In addition, if there are unsafe toys presenting risks not clearly foreseen by the Regulation, the proposal ensures that the Commission or Market Surveillance Authority has the power to require that these toys are taken off the market.