What changed between the plenary report and the adopted text

Added:(d) be up to date;

Added:(e) be available in the language or languages required by the Member State where the toy is made available on the market;

Added:(f) depending on access rights, be accessible to consumers or other end-users, market surveillance authorities, customs authorities, notified bodies, the Commission and other economic operators in accordance with paragraph 2a and taking into account the need to protect confidential business information and trade secrets in accordance with Directive (EU) 2016/943; [Am. 131]

Added:(g) be available for a period of 10 years after the last item of the toy modeltoy is placed on the market, also in cases of insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the digital product passport; [Am. 132]

Added:(h) be accessible through a data carrier;

Added:(i) fulfil the specific and technical requirements laid down pursuant to paragraph 10 in order to facilitate the verification of product compliance by competent national authorities. [Am. 133]

Added:2a. The access rights referred to in paragraph 2, point (f) of this Article shall comprise:

Added:(a) information accessible to consumers or other end-users listed in points (c), (d), (i), (j), (ja), (jb) and (jc) of Part I of Annex VI and, where applicable, points (a) and (b) of Part II of Annex VI;

Added:(b) information accessible only to market surveillance authorities, customs authorities, notified bodies, and the Commission listed in points (a) to (j) of Part I of Annex VI and, where applicable, points (a) and (b) of Part II of Annex VI. [Am. 134]

Added:3. In addition to the information referred to in paragraph 2, the digital product passport may contain the information set out in Part II of Annex VI. [Am. 135]

Added:4. By creating the digital product passport, the manufacturer shall assume responsibility for the compliance of the toy with this Regulation and with any other Union legislation applicable to toys. [Am. 136]

Added:5. The data carrier shall be physically present on the toy or on a label attached to the toy, in accordance with the implementing act adopted in accordance with paragraph 10. In the case of small toys and toys consisting of small parts, the data carrier may alternativelyshall be affixed to its packaging. It shall be clearly visible to the consumer before any purchase and to market surveillance authorities, including in cases where the toy is made available through distance sales. [Am. 137]

Added:6. Where other Union legislation requires information on the toy to be available via a data carrier, a single data carrier shall be used to provide the information required under this Regulation and such other Union legislation.

Added:7. Where other Union legislation applying to toys requires a digital product passport, a single digital product passport shall be created for toys containing the information required under this Regulation as well as any other information required for the digital product passport by that other Union legislation. [Am. 138]

Added:8. By way of derogation from paragraph 2, point (c), where information requirements relating to substances of concern in toys are established in a delegated act adopted in accordance with Article 4 of Regulation …/… [OP please insert: the Ecodesign for Sustainable Products Regulation], the information referred to in Part I, point (k), of Annex VI to this Regulation is no longer required. [Am. 139]

Added:9. Economic operators may, in addition to the information referred to in paragraphs 6 and 7, make other information accessible through the data carrier referred to in paragraph 5. Where this is the case, that information shall be clearly separated from the information required under this Regulation and, where relevant, under other Union legislation.

Added:10. The Commission shallis empowered to adopt implementing actsdelegated acts in accordance with Article 47 to supplement this Regulation by determining the specific andbasic technical requirements related to the digital product passport for toys by ... [12 months after the entry into force of this Regulation]. Those requirements shall cover in particular the following: [Am. 140]

Added:(a) the types of data carrier to be used;

Added:(b) the layout in which the data carrier is to be presented and its positioning;

Added:(c) the technical elements of the passport for which defined European or international standards are to be used;

Added:(d) the actors that may introduce or update the information in the digital product passport, including where needed the creation of a new passport, including manufacturers, notified bodies, competent national authorities, and the Commission, or any organisation acting on their behalf, and the types of information they may introduce or update. [Am. 141]

Added:Those implementingdelegated acts shall be adopted in accordance with the procedure set out in Article 50(3)46 (2). [Am. 142]

Added:Article 18 Technical design and operation of the digital product passport [Am. 143]

Added:1. The digital product passport shall be fully interoperable with digital product passports required by other Union legislation in relation to the technical, semantic and organisational aspects of end-to-end communication and data exchange. [Am. 144]

Added:2. All information included in the digital product passport shall be based on open standards developed with an interoperable format, including for the purpose of transmitting information via the Safety Business Gateway and the Safety Gate Portal referred to in Articles 27 and 34 of Regulation (EU) 2023/988. It and shall be machine readable, structured and searchable in accordance with the essential requirements set out in Regulation .../... [Ecodesign Regulation for Sustainable Products]. The digital product passport shall be designed and operated in an accessible manner, and incorporate the principle of security and privacy by design. [Am. 145]

Added:3. Consumers or other end-users, economic operators and other relevant actors shall have access on the basis of their respective access rights in accordance with Union legislation to the digital product passport free of charge. [Am. 146]

Added:3a. Consumers shall not be requested to download and install any software, register, or to provide a password to access the digital product passport. [Am. 147]

Added:4. The data included in the digital product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf. [Am. 148]

Added:5. Where the data included in the digital product passport is stored or otherwise processed by an operator authorised to act on behalf of the economic operators placing the toy on the market, that other operator shall not be allowed to sell, re-use or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services. [Am. 149]

Added:6. Economic operators mayshall not track, analyse or use any usage information for purposes other than what is absolutely and strictly necessary for providing the information on the digital product passport online. [Am. 150]

Added:Article 19 Digital product passport registry [Am. 151]

Added:1. Before placing a toy on the market, and following the adoption of delegated acts in accordance with Article 17(10) of this Regulation, economic operators shall upload, in the registry established under Article 12(1) of Regulation (EU) …/… [POOJ insert serial number for Ecodesign Requirements for Sustainable Products] (the ‘registry’), the unique product identifier and unique operator identifier for that toy. [Am. 152]

Added:2. The Commission, market surveillance authorities and customs authorities shall have efficient access to the information stored in the registry referred to in paragraph 1 for carrying out their duties pursuant to this Regulation. [Am. 153]

Added:Article 20 Customs controls relating to the digital product passport [Am. 154]

Added:1. Toys entering the Union market shall be subject to verifications and other measures laid down in this Article.

Added:2. Declarants as defined in Article 5, point (15), of Regulation (EU) No 952/2013 shall include the unique product identifier in the customs declaration for release for free circulation of any toy.

Added:3. Customs authorities shall verify whether the unique product identifier indicated by the declarant in accordance with paragraph 2 of this Article corresponds to a unique product identifier included in the registry in accordance with Article 19(1).

Added:4. In addition to the verification referred to in paragraph 3 of this Article, customs authorities shall verify the consistency of information made available to customs by declarants with other information stored in the registry and listed in the delegated act referred to in Article 46(3).

Added:5. The verifications referred to in paragraphs 3 and 4 of this Article shall take place electronically and automatically using the interconnection between the registry referred to in Article 19(1) and the EU Customs Single Window Certificates Exchange System referred to in [Article 13 of [P.O. insert serial number for Regulation (EU) …/… on Ecodesign Requirements for Sustainable Products]].

Added:6. Paragraphs 3, 4 and 5 of this Article shall apply from the day when the interconnection between the registry and the EU Customs Single Window Certificates Exchange System referred to in [Article 13 of [P.O. insert serial number for Regulation (EU) …/… on Ecodesign Requirements for Sustainable Products]] becomes operational.

Added:The Commission shall publish a notice in the Official Journal of the European Union to that effect indicating the date when the interconnection is operational.

Added:7. Customs authorities may retrieve and use the information on toys included in the digital product passport and in the registry for carrying out their duties pursuant to Union legislation, including for risk management in accordance with Articles 46 and 47 of Regulation (EU) No 952/2013. [Am. 155]

Added:8. The verifications and other measures laid down in this Article shall be carried out on the basis of the list of commodity codes and product descriptions set out in Annex VII.

Added:9. The verifications and measures laid down in this Article shall not affect the application of other Union legal acts governing the release for free circulation of products, including Articles 46, 47 and 134 of Regulation (EU) No 952/2013, and the controls referred to in Chapter VII of Regulation (EU) 2019/1020.

Added:Article 20a Assistance for SMEs

Added:1. The Commission shall provide comprehensive assistance, in cooperation with the relevant national authorities, to SMEs that are required to establish a digital product passport for toys, by providing them with tailor-made guidance on how to efficiently set up and operate a digital product passport for toys and an automatic translation tool for the languages referred to in Article 17(2) point (e).

Added:This support, referred to in the first subparagraph, shall be provided no later than ... [12 months after the entry into force of this Regulation].

Added:2. The Commission shall evaluate the possibility of setting up an online tool to provide SMEs with the basic information and functions necessary to establish a digital product passport for their products. [Am. 156]

Added:CHAPTER V CONFORMITY ASSESSMENT

Added:Article 21 Safety assessment

Added:1. In order to demonstrate that a toy complies with the essential safety requirements, manufacturers shall, before placing a toy on the market, carry out a safety assessment including an analysis of the hazards that the toy may present, as well as an assessment of the potential exposure to such hazards.which shall at least the following:

Added:(a) cover all the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards and the potential exposure to such hazards;

Added:(b) in relation to chemical hazards, take account of the possible exposure to individual chemicals, and any known additional hazards from combined exposure to the different chemicals present in the toy, taking into account the obligations under Regulation (EC) No 1907/2006 and the conditions set out therein;

Added:(c) be updated whenever additional relevant information is available.

Added:The safety assessment shall be included in the technical documentation referred to in Article 23. [Am. 157]

Added:2. The safety assessment shall in particular :

Added:(a) cover all the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards and the potential exposure to such hazards;

Added:(b) in relation to chemical hazards, take account of the possible exposure to individual chemicals, and any known additional hazards from combined exposure to the different chemicals present in the toy, taking into account the obligations under Regulation (EC) No 1907/2006 and the conditions set out therein;

Added:(c) be updated whenever additional relevant information is available.

Added:The safety assessment shall be included in the technical documentation referred to in Article 23. [Am. 158]