What changed between the plenary report and the adopted text

Added:Article 7 Obligations of manufacturers

Added:1. When placing toys on the market, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential safety requirements.

Added:2. Before placing toys on the market, manufacturers shall draw up the required technical documentation in accordance with Article 23 and carry out the applicable conformity assessment procedure in accordance with Article 22 or have it carried out.

Added:Where compliance of a toy with the applicable requirements laid down in this Regulation has been demonstrated by the procedure referred to in the first subparagraph, manufacturers shall, before the toy is placed on the market:

Added:(a) create a digital product passport for the toy in accordance with Article 17; [Am. 80]

Added:(b) affix the data carrier to the toy or to a label attached to the toy, in accordance with Article 17(5); [Am. 81]

Added:(c) affix the CE marking in accordance with Article 16(1);

Added:(d) upload the unique product identifier and the unique operator identifier of the toy in the digital product passport registry referred to in Article 19(1), as well as any other additional information determined by a delegated act adopted in accordance with Article 46(2). [Am. 82]

Added:3. Manufacturers shall keep the technical documentation up to date and the digital product passport for a period of 10 years after the last item of the toy modeltoy covered by that documentation and digital product passport has been placed on the market. [Am. 83]

Added:4. Manufacturers shall ensure that procedures are in place for toys that are part of a series production to remain in conformity with this Regulation. Changes in the design or characteristics of toys, and changes in the harmonised standards referred to in Article 13 or the common specifications referred to in Article 14 by reference to which conformity of a toy is declared or by application of which its conformity is verified, shall be adequately taken into account.

Added:When manufacturers,deemed appropriate with regard to the risks presented by a toy, consider it necessary for the protection of health and safety of consumers, manufacturers shall, carry out sample testing of marketed toys. [Am. 84]

Added:5. Manufacturers shall ensure that toys bear a type, batch, serial or model number or other element allowing their identification, or, where the size or nature of the toy does not allow it, that the required information is provided on the packaging or in a document accompanying the toy.

Added:6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal andor electronic address at which they can be contacted on the toy or, where that is not possiblefeasible, on its packaging or in a document accompanying the toy or in the digital product passport. Manufacturers shall indicate a single point at which they can be contacted. [Am. 85]

Added:7. Manufacturers shall ensure that the toy is accompanied by instructions for use and safety information in a language or languages easily understood by consumers and other end-users including persons with disabilities if feasible, as determined by the Member State concerned. Such instructions and information shall be clear, understandable and legible. [Am. 86]

Added:8. Where manufacturers consider, or have reason to believe, on the basis of the information in that manufacturer´s possession, that a toy which they have placed on the market is not in conformity with this Regulation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate. [Am. 87]

Added:Where manufacturers consider, or have reason to believe, on the basis of the information in that manufacturer´s possession, that a toy presents a risk, they shall immediately provide information thereof to: [Am. 88]

Added:(a) the market surveillance authorities of the Member States in which they have made the toy available, via the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988, giving details, in particular, of any non-compliance and of any corrective measures taken and if available, of the quantity, by Member State, of the toys still circulating on the market; and [Am. 89]

Added:(b) the consumers or other end-users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988, or both.

Added:9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it, with all the information and documentation necessary to demonstrate the conformity of the toy, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, as regards any action taken to eliminate the risks posed by toys which they have placed on the market.

Added:10. Manufacturers shall ensure that other economic operators, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020, and providers of online marketplaces, in the supply chain concerned, are kept informed in a timely manner of any non-conformity that the manufacturers have identified. [Am. 90]

Added:11. Manufacturers shall make publicly available communication channels such as a telephone number, an electronic address, a dedicated section of their website or another communication channel, allowing consumers or other end-users to filesubmit complaints concerning the safety of toys and to inform the manufacturers of any accident or safety issue they have experienced with such toys. In doing so, the manufacturers shall take into account the accessibility needs for persons with disabilities. The communication channel shall include a link to the section of the Safety Gate Portal referred to in Article 34(3) of Regulation (EU) 2023/988 for the transmission of information about toys that may present a risk to the health and safety of consumers. [Am. 91]

Added:12. Manufacturers shall investigate complaints and information referred to in paragraph 11 and shall keep an internal register of those complaints and that information, as well as of recalls and any other corrective measures taken to bring the toys into conformity with this Regulation.

Added:13. The internal register referred to in paragraph 12 shall only contain personal data that are necessary for the manufacturer to investigate the complaint or the information referred to in paragraph 11. Such data shall only be kept as long as is necessary for the purpose of the investigation and, in any event, no longer than 5 years after the data have been entered in the register.

Added:Article 8 Authorised representatives

Added:1. A manufacturer may appoint an authorised representative by written mandate. When manufacturers terminate the mandate of their authorised representative, they shall inform the market surveillance authority. A manufacturer established in the Union may also appoint an authorised representative. [Am. 92]

Added:2. The obligations laid down in Article 7(1), and the obligation to draw up technical documentation referred to in Article 7(2), shall not form part of the authorised representative’s mandate.

Added:3. An authorised representative shall perform the tasks specified in the mandate received from the manufacturer and shall provide a copy of the mandate to the market surveillance authorities upon their request. The mandate shall allow the authorised representative to do at least the following:

Added:(a) keep the technical documentation at the disposal of national surveillance authorities and ensure that the digital product passport is available, in accordance with Article 17(2), for a period of 10 years after the last item of the toy modeltoy covered by those documents has been placed on the market; [Am. 93]

Added:(b) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a toy in an official language, which can be understood, by that authority; [Am. 94]

Added:(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate in an effective manner the risks posed by toys covered by the written mandate.; [Am. 95]

Added:(ca) inform the competent national authorities about any action taken to eliminate the risks posed by toys covered by their mandate through a notification in the Safety Business Gateway, where the information has not been already provided by the manufacturer or upon instruction of the manufacturer. [Am. 96]

Added:4. Where a manufacturer not established in the Union appoints an authorised representative as referred to in paragraph 1 of this Article, the written mandate shall include the tasks set out in Article 4(3) of Regulation (EU) 2019/1020.

Added:Article 9 Obligations of importers

Added:1. Importers shall only place on the market toys complying with this Regulation.

Added:2. Before placing toys on the market, importers shall ensure the following:

Added:(a) the manufacturer has carried out the appropriate conformity assessment procedure and drawn up the technical documentation referred to in Article 7(2);

Added:(b) the toy is accompanied by instructions offor use and safety information in accordance with in Article 7(7) in a language or languages which can be easily understood by consumers or other end-users, as determined by the Member State concerned; [Am. 97]

Added:(c) the manufacturer has created a digital product passport for the toy in accordance with Article 7(2); [Am. 98]

Added:(d) the toy bears a data carrier is affixed in accordance with Article 17(5); [Am. 99]

Added:(e) the relevant information in the digital product passport has been included in the digital product passport registry in accordance with Article 19(1); [Am. 100]

Added:(f) the toy bears the CE marking in accordance with Article 16;

Added:(g) the manufacturer has complied with the requirements set out in Article 7(5) and (6).

Added:Where importers consider, or have reason to believe, on the basis of the information in that importer´s possession, that a toy is not in conformity with the essential safety requirements, they shall not placeinform the manufacturer and refrain from placing the toy on the market until it has been brought into conformity by the manufacturer. [Am. 101]

Added:Where importers consider, or have reason to believe, on the basis of the information in that importer´s possession, that the toy presents a risk, they shall immediately provide information thereof to: [Am. 102]

Added:(a) the manufacturer;

Added:(b) the market surveillance authorities, via the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988 ;

Added:(c) consumers or other end-users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988, or both. [Am. 103]

Added:3. Importers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy.

Added:4. Importers shall ensure that, while a toy is under their responsibility, their storage or transport conditions do not jeopardise the toy’s compliance with the essential safety requirements.

Added:5. When importers, with regard to the risks presented by a toy, consider it necessary for the protection of health and safety of consumers or other end-users, they shall carry out sample testing of marketed toys.

Added:6. Where importers consider, or have reason to believe, that a toy which they have placed on the market is not in conformity with the relevant Union harmonisation legislation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.

Added:Where importers consider, or have reason to believe, that a toy that they have placed on the market presents a risk to health and safety of consumers and other end-users, they shall immediately inform the manufacturer and the competent national authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken and inform consumers or other end-users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988, or both. [Am. 104]

Added:7. Importers shall, for a period of 10 years after the last item of the toy modeltoy has been placed on the market, keep the unique product identifier of the toy at the disposal of the market surveillance authorities and ensure that the technical documentation referred to in Article 23 can be made available to those authorities, upon request. [Am. 105]

Added:8. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the toy in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, as regards any action taken to eliminate the risks posed by toys which they have placed on the market.

Added:9. Importers shall verify whether the manufacturer has made a communication channelchannels as referred to in Article 7(11) publicly available to consumers or other end-users, allowing them to present complaints concerning the safety of toys and provide information on any accident or safety issue they have experienced with the toy. If a communication channel ischannels are not available, importers shall provide for such a channelthem, taking into account accessibility needs for persons with disabilities. [Am. 106]

Added:10. Importers shall investigate complaints and information referred to in paragraph 9 of this Article that they have received via a communication channel made available by the manufacturer, or via a communication channel made available by the importers themselves, and that concern the toys which they have made available on the market. Importers shall file those complaints, as well as recalls and any other corrective measures taken to bring the toys into conformity with this Regulation, in the register referred to in Article 7(12), or in their own internal register.

Added:Importers shall keep the manufacturer, distributors and, where relevant, providers of online marketplaces informed in a timely manner of the investigation performed and of the results of the investigation. [Am. 107]

Added:11. Personal data contained in the internal register of the importers referred to in paragraph 10 shall only be those personal data that are necessary for the importer to investigate the complaint or the information referred to in paragraph 9. Such data shall only be kept as long as is necessary for the purpose of the investigation and, in any event, no longer than 5 years after the data have been entered in the register.

Added:Article 10 Obligations of distributors

Added:1. When making a toy available on the market, distributors shall act with due care in relation to the requirements of this Regulation.