From the correspondent in Strasbourg – The crackdown on dangerous toys receives final approval. The EU will impose stricter requirements for chemicals and a compulsory digital passport for all toys entering the single market. In 2023, the 27 member states imported 6.5 billion euros worth of toys, 80 percent of which came from China.
The European Parliament today approved the revision of the current 2009 directive, which has been rendered obsolete by the surge in online shopping and the use of new production technologies. Today, toys are the second-most-notified product in the EU rapid alert system for dangerous consumer products, second only to cosmetics, with chemical ingredients as the leading cause of risk in almost half of the alerts.
The existing ban on carcinogenic and mutagenic substances and substances toxic for reproduction (CRM) is extended to chemicals that are particularly harmful to children, such as endocrine disruptors, substances that harm the respiratory system, and chemicals that are toxic for the skin and other organs. The new rules also ban the intentional use of per- and polyfluorinated alkyl substances (PFAS) and the most dangerous types of bisphenols.
Before placing toys on the market, manufacturers must conduct a safety assessment of all potential hazards, including chemical, physical, mechanical, and electrical hazards. The evaluation should include flammability, hygiene, and radioactivity, and take children’s specific vulnerabilities into account. For digital toys, for example, it will be necessary to demonstrate that they pose no risk to young children’s mental health.
For the changes to be effective, the EU aims to improve enforcement and customs controls. All toys must have a “clearly visible” digital product passport (DPP) that demonstrates compliance with the relevant safety rules. In addition to simplifying border and market controls, the passport will facilitate product traceability.
In addition to manufacturers – who will be required to display warnings in easily understandable language, take corrective action if necessary, and inform market surveillance authorities and consumers – the new rules impact for the first time also on online marketplaces, which play an increasingly important role in the sale and promotion of toys. Sales platforms will have to be set up to allow sellers to display the CE mark, safety warnings, and digital product passports. Toys that do not comply with safety standards will be considered “illegal content” under the Digital Services Act (DSA).
The new rules – already approved by both EU co-legislators – will enter into force on the 20th day after their publication in the Official Journal of the European Union. Member States and industry will have a transition period of four and a half years to implement them.
