The European Parliament and the EU Member States reached an agreement on Thursday to make toys safer.
Under the new plans, the safety requirements for European toys will be tightened, for example by extending the ban on the use of hazardous substances.
The use of chemicals that are carcinogenic, can damage genetic material or affect reproduction will remain prohibited. Chemicals that can have an endocrine-disrupting effect or pose a risk to the respiratory tract or certain organs will now also be added to that list.
At Parliament’s insistence, the new rules will ban the intended use of "forever chemicals" per- and polyfluorinated alkyl (PFASs) and the most dangerous types of bisphenols. Allergenic fragrances will be banned in toys intended to be placed in the mouth of children under 36 months.
"The safety of children must always come first," said Krzysztof Paszyk, the Polish Minister of Economic Development and Technology. Poland currently holds the presidency of the Council of the EU.
'Among strictest in the world'
All toys sold in the EU will also be required to have a digital product passport (DPP), showing compliance with the relevant safety rules. This way, inspection and customs services can easily check whether and how they comply.
This should make toys that are bought online from outside Europe safer, improving the traceability of toys and simplifying market surveillance and customs checks. It will also offer consumers easy access to safety information and warnings, via a QR code, for example.
"Although toy safety rules in the EU are among the strictest in the world, we must remain vigilant, adapt the rules to new risks and ensure that safety standards are met for all toys, whether they are made in Europe or outside it," Paszyk said.
Press moment of the FPS Economy in collaboration with Customs, on a stronger framework for toy safety, at Liege airport. Credit: Belga/Eric Lalmand
Before a toy goes on the market, manufacturers will have to carry out a safety assessment of all potential hazards: chemical, physical, mechanical, and electrical.
Toys' flammability, hygiene, and radioactivity will also be in the assessment, while taking children's specific vulnerabilities into account. For example, toymakers should, when appropriate, ensure that digital toys do not pose risks to children’s mental health under the request of Parliament negotiators.
The obligations of economic operators, such as manufacturers, importers, and distributors have been clarified. It also affects fulfilment service providers – companies responsible for storing, packaging, and dispatching toys.
The text also clarifies requirements for online marketplaces, reflecting their growing role in the sale and promotion of toys. For example, marketplaces will have to design their platforms so as to allow sellers to display the CE mark, safety warnings, and a link (such as a QR code) to the digital product passport, to be visible before the purchase is completed.
Futuring-proofing
"Although we already have the safest toys in the world in the EU, one in five products categorised as dangerous and withdrawn from the market by the EU was a toy," said German MEP Marion Walsmann (EPP), adding that it was very important to revise the 2009 Toy Safety Directive.
"We have also future-proofed the regulation: the Commission will be able to react more quickly to new scientific findings on chemical substances. The new Toy Safety Regulation sends out a strong signal: for the protection of our children, fair competition and for Europe as a business location," she added.
Parliament and the Council have concluded an "early second reading agreement" (the negotiation took place after Parliament’s first reading was adopted in plenary). Now, the Council is expected to adopt this agreement formally, after which Parliament will have to endorse the text in plenary, in second reading.
The regulation will enter into force 20 days after its publication in the EU Official Journal. Member States will then have 54 months to comply with the provisions.
