In July 2023 the European Commission proposed a Toy Safety Regulation that would replace the current Toy Safety Directive, 2009/48/EC, which was last updated in December 2022.
The explanatory memorandum refers to two important issues that emerged from the recent evaluation of the Directive which will be addressed by the proposal for the Regulation:
- certain shortcomings in ensuring a high level of protection of children from possible risks in toys, in particular from risks posed by harmful chemicals –
the current Directive prohibits the use of substances that are carcinogenic, mutagenic or toxic for reproduction in toys. The Proposal will expand the prohibitions to include the use of chemicals that affect the endocrine system (endocrine disruptors), and those chemicals which are toxic to a specific organ, including the immune, neurological or respiratory systems (in respect of which children are particularly vulnerable);
- the enforcement of the Directive lacked effectiveness, in particular in the context of online sales, and there remain many unsafe toys on the Union market –
the Proposal will require importers will be required to submit to customs at EU borders the toy’s digital product passport which it will be required to have
As an additional check to protect children, national authorities will continue to undertake market surveillance controls on toys in their markets. Manufacturers, importers and distributors will still be required to act, including undertaking a withdrawal or recall, if necessary, where a toy they have placed on the market is not in conformity with the Regulation. The power to prohibit the placing on the market of a non-compliant toy as well as the power of withdrawal and recall are also given to the market surveillance authority.
Article 53 of the Proposal states that the current Directive will be repealed 30 months after the Regulation enters into force.
Further details about the EU’s Proposal for a Toy Safety Regulation can be found at:
https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4010
Ian Thomas is a lawyer practising in Ireland and in England and Wales. If we can help to solve your issues or advise on your compliance obligations please get in touch – ian@ianthomasassociates.com or ian.thomas@6pumpcourt.co.uk.
This article is for information purposes only and does not constitute the provision of legal advice. You should always take independent legal advice in respect of any legal or regulatory issues you may be having.