What changed between the plenary report and the adopted text

Added:(12a) ‘essential safety requirements’ means the ‘general safety requirement’ laid down in Article 5 (2) together with the particular safety requirements set out in Annex II; [Am. 47]

Added:(13) ‘toy model’ means a group of toys that meet the following conditions:

Added:(a) they are under the responsibility of the same manufacturer,

Added:(b) they have uniform design and technical characteristics,

Added:(c) they are manufactured using uniform materials and manufacturing processes,

Added:(d) they are defined by a type number or other element allowing them to be identified as a group;

Added:(13a) ‘digital product passport’ means a set of data specific to a product that includes the information specified in Annex VI and that is accessible via electronic means through a data carrier; [Am. 48]

Added:(14) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a devicedata carrier as defined in Article 2 paragraph 1, point 30 of Regulation (EU) .../...) [OJ insert serial number for Ecodesign Requirements for Sustainable Products; [Am. 49]

Added:(15) ‘unique product identifier’ means unique string of characters for the identification of toys that also enables a web link to the product passportidentifier as defined in Article 2 paragraph 1, point 31 of Regulation (EU) .../...) [OJ insert serial number for Ecodesign Requirements for Sustainable Products]; [Am. 50]

Added:(16) ‘unique operator identifier’ means a unique string of characters for the identification of actors involved in the value chain of toysoperator identifier as defined in Article 2 paragraph 1, point 32 of Regulation (EU) .../...) [OJ insert serial number for Ecodesign Requirements for Sustainable Products]; [Am. 51]

Added:(17) ‘release for free circulation’ means the customs procedure laid down in Article 201 of Regulation (EU) No 952/2013;

Added:(18) ‘customs authorities’ means customs authorities as defined in Article 5, point (1), of Regulation (EU) No 952/2013;

Added:(19) ‘EU Customs Single Window Certificates Exchange System’ means the system referred to in Article 4 of Regulation (EU) 2022/2399 of the European Parliament and of the Council;

Added:(20) ‘conformity assessment’ means the process demonstrating whether the essential safety requirements relating to a toy have been fulfilled; [Am. 52]

Added:(21) ‘conformity assessment body’ means a body that performs conformity assessment activities, including calibration, testing, certification and inspection;

Added:(22) ‘accreditation’ means accreditation as defined in Article 2, point (10), of Regulation (EC) No 765/2008;

Added:(23) ‘national accreditation body’ means a national accreditation body as defined in Article 2, point (11), of Regulation (EC) No 765/2008;

Added:(24) ‘hazard’ means a potential source of harm;

Added:(25) ‘risk’ means the combination of the probability of an occurrence of a hazard and the degree of severity of the harm caused by that hazard;

Added:(26) ‘recall’ means any measure aimed at achieving the return of a toy that has already been made available to the end user;

Added:(27) ‘withdrawal’ means any measure aimed at preventing a toy in the supply chain from being made available on the market;

Added:(28) ‘market surveillance authority’ means a market surveillancean authority as defined indesignated by a Member State under Article 3, point (4),10 of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State; [Am. 53]

Added:(28a) ‘notifying authority' means an authority designated by a Member State under this Regulation as responsible for the assessment and notification of conformity assessment bodies in the territory of that Member State; [Am. 54]

Added:(29) ‘functional toy’ means a toy which performs and is used in the same way as a product, appliance or installation intended for use by adults, which brings the same level of risk as the product used by adults and which may be a scale model of such product, appliance or installation; [Am. 55]

Added:(30) ‘aquatic toy’ means a toy that is intended for use in shallow water and which is capable of carrying or supporting a child in the water;

Added:(31) ‘activity toy’ means a toy for domestic use in which the support structure remains stationary while the activity is taking place and which is intended for climbing, jumping, swinging, sliding, rocking, spinning, crawling, creeping, or any combination thereof;

Added:(32) ‘chemical toy’ means a toy intended for the direct handling of chemical substances and mixtures and which is used in a manner appropriate to a given age-group and under the supervision of an adult; [Am. 56]

Added:(33) ‘olfactory board game’ means a toy the purpose of which is to assist a child to learn to recognise or combine different odours or flavours; [Am. 57]

Added:(34) ‘cosmetic kit’ means a toy the purpose of which is to assist a child to learn to make cosmetic products such as fragrances, soaps, creams, shampoos, conditioners, bath foams, tooth pastes as well as glosses, lipsticks and other make-up;

Added:(35) ‘gustative game’ means a toy the purpose of which is to allow children to make sweets or dishes through the use of food ingredients, including liquids, powders and aromas without using any heat source; [Am. 58]

Added:(36) ‘substance of concern’ means substance of concern as defined in Article 2, point (28), of Regulation (EU) …/… [on Ecodesign Requirements for Sustainable Products]. [Am. 59]

Added:Article 4 Free movement

Added:1. Member States shall not prohibit, restrict or impede, for reasons relating to health and safety or other aspects covered by this Regulation, the making available on the market of toys which comply with this Regulation. [Am. 60]

Added:2. At trade fairs, exhibitions and demonstrations or similar events, Member States shall not prevent the display of a toy which does not comply with this Regulation, provided that a visible sign clearly indicates that the toy does not comply with this Regulation and will not be available on the market until it has been brought into conformity.

Added:During fairs, exhibitions and demonstrations, adequate measures shall be taken by economic operators to ensure the protection of persons.

Added:Article 5 ProductEssential safety requirements [Am. 61]

Added:1. Toys shall only be placed on the market if they comply with the essential safety requirements which include the safety requirement set out in paragraph 2 (the ‘general safety requirement’) and the safety requirements set out in Annex II (the ‘particular safety requirements’).

Added:2. Toys shall not present a risk to the safety or health of users or third parties, including the psychological and mental health, well-being and cognitive development of children, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children. [Am. 62]

Added:When assessing the risk referred to in the first subparagraph, a manufacturer of digitally connected toys shall, where appropriate, according to reasonable best efforts, also take into account any risk posed to mental health, as well as the cognitive development, of children, that may arise when such toys are used in accordance with their intended use. [Am. 63]

Added:A manufacturer shall apply the second subparagraph in a manner that is proportionate to its capability in relation to adequately assessing those risks. [Am. 64]

Added:When assessing the risk referred to in the first subparagraph, the ability of the users and, where appropriate, their supervisors shall be taken into account. Where a toy is intended for use by children under 36 months or by another specified age groups, the ability of users in that specific age group shall be taken into account.

Added:3. Toys placed on the market shall comply with the essential safety requirements during their foreseeable period of use.

Added:Article 6 Warnings

Added:1. Where necessary to ensure their safe use and the health of children, toys shall bear a general warning specifying appropriate user limitations. The user limitations shall include at least the minimum or maximum age of the user and, where appropriate, the required abilities of the user, the maximum weight or minimum weight of the user and the need to ensure that the toy is used only under adult supervision. [Am. 65]

Added:2. The following categories of toys shall bear warnings in accordance with the rules for each category set out in Annex III: shall bear warnings. [Am. 66]

Added:(a) toys not intended for use by children under 36 months; [Am. 67]

Added:(b) activity toys; [Am. 68]

Added:(c) functional toys; [Am. 69]

Added:(d) chemical toys; [Am. 70]

Added:(e) skater, roller skates, inline skates, skateboards, scooters and toy bicycles; [Am. 71]

Added:(f) aquatic toys; [Am. 72]

Added:(g) toys in food; [Am. 73]

Added:(h) imitations of protective masks and helmets; [Am. 74]

Added:(i) toys intended to be strung across a cradle, cot or perambulator by means of strings, cords, elastics or straps; [Am. 75]

Added:(j) packaging for fragrances in olfactory board games, cosmetic kits and gustative games. [Am. 76]

Added:Toys shall not bear one or more of the warnings set out in Annex III where such warnings conflict with the intended use of the toy, as determined by virtue of its function, dimension and characteristics.

Added:3. The manufacturer shall mark warnings in a clearly visible, easily legible and understandable and accurate manner on the toy, on an affixed label or on the packaging and, if appropriate, on the instructions for use which accompany the toy. Small Toys which are sold without packaging shall have appropriate warnings affixed to them if the surface of the toy allows. If this is not possible, the warnings shall be placed on the label. The manufacturer may add a QR-code which provides a link to the instructions in a digital format, but shall always mark warnings on the toy, on an affixed label or on the packaging. [Am. 77]

Added:Warnings which determine the decision to purchase the toy shall be clearly visible to the consumer before the purchase, including in cases where the purchase is made through distance and online sales. Warnings shall be of sufficient size to ensure theirthat they are also immediately visible and legible online. The Commission shall adopt implementing acts determining criteria related to the visibility and legibility of warnings, including for online sales, 12 months after the date of entry into force of this Regulation. [Am. 78]

Added:4. Labels and instructions for use shall draw the attention of children or their supervisors to the inherent hazards and risks to the health and safety of children involved in usingconsidering the age group of children for which the toys are intended, and to the ways of avoiding such hazards and risks. [Am. 79]

Added:CHAPTER II OBLIGATIONS OF ECONOMIC OPERATORS