What changed between the draft committee report of 8 Nov 2023 and the draft committee report of 3 Nov 2025

Added:5. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

Removed:Recital 14: (14) Relying on digital technologies has led to new hazards in toys. Radio toys are to comply with essential requirements for the protection of privacy and internet-connected toys are to incorporate safeguards towards cybersecurity and protection from fraud in accordance with Directive 2014/53/EU of the European Parliament and of the Council30 . Toys which include artificial intelligence are to comply with Regulation (EU) …/…[P.O. insert serial number for Regulation laying down harmonised rules on artificial intelligence]31 . Therefore, such toys should comply with standards of safety, security and privacy by design. Particular safety requirements regarding cybersecurity, protection of personal data and privacy or other hazards stemming from the incorporation of artificial intelligence in toys should be dealt with within the specific legislation.

Added:SHORT JUSTIFICATION

Removed:It is very difficult if not impossible to assess the impact that common toys such as wooden construction elements would have on a child's psychology. When it comes to children’s books, the consideration would depend on personal or cultural values, and this could pave the way to censorship of books. Moreover, it is very questionable whether all market surveillance authorities in the EU would define and assess this aspect in the same way. This could lead to more confusion and legal uncertainty.

Added:The Council position at first reading reflects the agreement reached between Parliament and the Council in interinstitutional negotiations at early second-reading stage.

Removed:Recital 15: (15) Toys should comply with physical and mechanical requirements that prevent children from getting physically injured when playing with toys and should not pose a risk of choking or suffocation to children. In order to protect children from the risk of impaired hearing, maximum values should be set out for both impulse noise and continuous noise emitted by toys which are designed to emit a sound. Toys or their parts and their packaging which can be reasonably expected to be brought into contact with food or to transfer their constituents to food under normal or foreseeable conditions of use are subject to Regulation (EC) No 1935/2004 of the European Parliament and of the Council32 . In addition, it is appropriate to lay down specific safety requirements to cover the potential specific hazard presented by toys in food, since the association of a toy and food could cause a risk of choking which is distinct from the risks presented by the toy alone and which is, therefore, not covered by any specific measure at Union level. Toys should also ensure sufficient protection as regards flammability or electric properties, in particular to prevent burns or electric shocks. Moreover, toys should meet certain hygiene standards to avoid microbiological risks or other risks of infection or contamination.

Removed:Recital 40: (40) In the absence of relevant harmonised standards, the Commission should be empowered to adopt delegated acts supplementing this Regulation by setting out common specifications for the essential safety requirements of this Regulation, provided that in doing so it duly respects the standardisation organisations’ role and functions, as an exceptional fall back solution to facilitate the manufacturer’s obligation to comply with the essential requirements, when the standardisation process is blocked or when there are delays in the establishment of appropriate harmonised standards.

Removed:Recital 42: (42) Manufacturers should create a product passport to provide information on the compliance of toys with this Regulation and with any other Union legislation applicable to toys. The product passport should replace the EU declaration of conformity under Directive 2009/48/EC, Directive 2014/53/EU and any other Union legislation applicable to toys. It should also include the elements necessary to assess the conformity of the toy with the applicable requirements and harmonised standards or other specifications or elements. In order to facilitate checks on toys by market surveillance authorities and to allow the actors in the supply chain and consumers to access information on the toy and on communication channels, the information on the product passport should be provided digitally and in a directly accessible manner, through a data carrier affixed to the toy, its packaging or the accompanying documentation. Depending on access rights, market surveillance authorities, customs authorities, economic operators and consumers should have immediate access to the respective information on the toy through the data carrier.

Removed:The product passport shall also replace the declarations of conformity required by the Radio Equipment Directive and any other Union legislation that in the future may be applicable to toys, such as the Ecodesign for Sustainable Products Regulation (ESPR) and Cyber Resilience Act..

Removed:Recital 44: (44) In particular, Regulation (EU) …/… [P.O. insert serial number for the Regulation on ecodesign requirements for sustainable products] of the European Parliament and of the Council37 also lays down requirements and technical specifications for a product passport, the establishment of a Commission central registry where passport information is stored and the interconnection of that registry with the customs IT systems. That Regulation may include toys within its scope in the medium term, thus requiring that a product passport is available for toys. Therefore, it should be possible in the future to include more precise information in the product passport. The product passport for toys created under this Regulation should therefore comply with the same requirements and technical elements as those set out in Regulation (EU) …/… [P.O. insert serial number for the Regulation on ecodesign requirements for sustainable products], including the technical, semantic and organisational aspects of end-to-end communication and data exchange.

Removed:Recital 45 a (new): (45a) In order to enable SMEs and micro-enterprises to comply with the new obligations imposed by this Regulation, the Commission should publish practical guidelines and tailor-made guidance for SMEs and micro-enterprises. In particular a direct channel of communication with experts should be set up to help them perform safety assessments and toset up a product passport for the toys they produce.

Removed:The introduction of a product passport can be a real challenge, especially for small and medium-sized companies. They need additional support to overcome the new administrative hurdles.

Removed:Article 1 – paragraph 1: This Regulation lays down rules on the safety of toys, ensuring a high level of protection of health and safety of children, and on the free movement of toys in the Union.

Removed:Article 2 – paragraph 1 – subparagraph 2: For the purposes of this Regulation, a product shall be considered to be intended for use in play by children under 14 years of age, where a parent or supervisor can reasonably assume, by virtue of the functions, dimensions and characteristics of that product, that it is intended for use in play by children of the relevant age group.

Removed:Article 3 – paragraph 1 – point 7: (7) ‘fulfilment service provider’ means fulfilment service provider as defined in Article 3, point 11, of Regulation (EU) 2019/1020;

Removed:Article 3 – paragraph 1 – point 9: (9) ‘provider of an online marketplace’ means a provider of an intermediary service using an online interface which allows consumers to conclude distance contracts with traders for the sale of products according to Article 3, point (14), of Regulation (EU) 2023/988;

Removed:Article 3 – paragraph 1 – point 11 a (new): (11a) “intended for the use by” means that a parent or supervisor shall reasonably be able to assume by virtue of the functions, dimensions and characteristics of a toy that it is intended for use by children of the stated age group;

Removed:From Art. 3 point 29 of the current TSD. Addition is necessary because of the deletion in Art. 2 (1).

Removed:Article 3 – paragraph 1 – point 12 a (new): (12a) “essential safety requirements” means the ‘general safety requirement’ according to Article 5 (2) together with the particular safety requirements set out in Annex II;

Removed:Article 3 – paragraph 1 – point 13 a (new): (13a) ‘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;

Removed:Change in order to create coherency with Art. 2 (29) from proposal for the Regulation on Ecodesign.

Removed:Article 3 – paragraph 1 – point 20: (20) ‘conformity assessment’ means the process demonstrating whether the essential safety requirements relating to a toy have been fulfilled;

Removed:Article 3 – paragraph 1 – point 29: (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;

Removed:Article 3 – paragraph 1 – point 36: deleted

Removed:Article 5 – title: Essential safety requirements

Removed:Article 5 – paragraph 2 – subparagraph 1: Toys shall not present a risk to the safety or health of users or third parties, when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.

Removed:It is very difficult if not impossible to assess the impact that common toys such as wooden construction elements would have on a child's psychology. When it comes to children’s books, the consideration would depend on personal or cultural values, and this could pave the way to censorship of books. Moreover, it is very questionable whether all market surveillance authorities in the EU would define and assess this aspect in the same way. This could lead to more confusion and legal uncertainty.

Removed:Article 6 – paragraph 1: 1. Where necessary to ensure their safe use, toys shall bear a warning specifying appropriate user limitations. The user limitations shall include at least the minimum 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.

Removed:Article 6 – paragraph 2 – subparagraph 1: The categories of toys set out in Annex III shall bear warnings. / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Removed:In order to be able to amend the list via delegated acts, the list has to remain in the Annex III and not in the article.

Removed:Article 6 – paragraph 3 – subparagraph 2: 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 sales. Warnings shall be of sufficient size to ensure their visibility.

Removed:Maintaining of the reference according to TSD Art. 11 (2). A lot of additional warnings, that are not relevant for the purchasing decision, will be added. This will make important warnings (like age/small parts) not stand out and enlarge the packaging.

Removed:Article 7 – paragraph 2 – subparagraph 2 – point b: (b) affix the data carrier in accordance with Article 17(5);

Removed:Article 7 – paragraph 7: 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, as determined by the Member State concerned. Such instructions and information shall be clear, understandable and legible.

Removed:Article 7 – paragraph 8 – subparagraph 1: 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.

Removed:Change in order to create coherency with Art. 9 (8) GPSR.

Removed:Article 7 – paragraph 8 – subparagraph 2 – introductory part: 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:

Removed:Change in order to create coherency with Art. 9 (8) GPSR.

Removed:Article 7 – paragraph 11: 11. Manufacturers shall make publicly available communication channels such as a telephone number, an electronic address, a dedicated section of their website, allowing consumers or other end-users to submit 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 2023/988 for the transmission of information about toys that may present a risk to the health and safety of consumers.

Removed:Article 8 – paragraph 3 – introductory part: 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 perform at least the following tasks:

Removed:Change in order to create coherency with Art. 10 (2) GPSR.

Removed:Article 8 – paragraph 3 – point c: (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 mandate.

Removed:Change in order to create coherency with Art. 10 (2) (d) GPSR.

Removed:Article 9 – paragraph 2 – subparagraph 1 – point b: (b) the toy is accompanied by instructions for 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;

Removed:Article 9 – paragraph 2 – subparagraph 1 – point d: (d) a data carrier is affixed in accordance with Article 17(5);

Removed:Article 9 – paragraph 2 – subparagraph 2: 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 place the toy on the market until it has been brought into conformity.

Removed:Change in order to create coherency with Art. 11 (2) GPSR.

Removed:Article 9 – paragraph 2 – subparagraph 3 – introductory part: 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:

Removed:Change in order to create coherency with Art. 11 (2) GPSR.

Removed:Article 9 – paragraph 2 – subparagraph 3 – point c: deleted

Removed:Consumers cannot be informed if the product has not been placed in the market yet. Content moved to (6) of this article.

Removed:Article 9 – paragraph 6 – subparagraph 2: 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 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.

Removed:Addition moved from second paragraph subparagraph 3 point c to paragraph 6.

Removed:Article 9 – paragraph 9: 9. Importers shall verify whether the manufacturer has made communication channels 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 communication channels are not available, importers shall provide for them, taking into account accessibility needs for persons with disabilities.

Removed:In order to create coherency with Art. 11 (9) GPSR.

Removed:Article 10 – paragraph 2 – subparagraph 1 – point a: (a) the toy is accompanied by instructions for use and safety information in a language or languages which can be easily understood by consumers or other end-users as determined by the Member State in which the toy is to be made available on the market;

Removed:Article 10 – paragraph 2 – subparagraph 2: Where distributors consider, or have reason to believe, on the basis of the information in that distributor´s possession, that a toy is not in conformity with the essential safety requirements, they shall not make the toy available on the market until it has been brought into conformity.

Removed:In order to be coherent with Art. 12 (3) GPSR.

Removed:Article 10 – paragraph 2 – subparagraph 3 – introductory part: Where distributors consider, or have reason to believe, on the basis of the information in that distributor´s possession, that the toy presents a risk, they shall immediately provide information thereof to:

Removed:In order to be coherent with Art. 12 (4) GPSR.

Removed:Article 10 – paragraph 2 – subparagraph 3 – point c: deleted

Removed:Moved to paragraph 4.

Removed:Article 10 – paragraph 4 – subparagraph 1: Where distributors consider, or have reason to believe on the basis of the information in that distributor´s possession, that a toy which they have made available on the market is not in conformity with this Regulation, they shall ensure that the corrective measures necessary to bring that toy into conformity, to withdraw it or recall it, if appropriate, are taken.

Removed:In order to be coherent with Art. 12 (3) GPSR.

Removed:Article 10 – paragraph 4 – subparagraph 2: Where distributors consider, or have reason to believe, that a toy that they have made available on the market presents a risk, they shall immediately inform the market surveillance 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.

Removed:Moved from paragraph 2 subparagraph 3 point c to paragraph 4.

Removed:Article 13 – title: Presumption of conformity of toys

Removed:Article 14 – paragraph 2 – subparagraph 1 – introductory part: The Commission may, by means of delegated acts supplementing this Regulation, establish common specifications for the essential safety requirements where the following conditions are fulfilled:

Removed:Article 14 – paragraph 3: 3. When references of a harmonised standard are published in the Official Journal of the European Union, the Commission shall assess whether the delegated acts referred to in paragraph 2 of this Article which cover the same essential safety requirement need to be repealed or amended.

Removed:Article 17 – paragraph 1: 1. Before placing a toy on the market, manufacturers shall draw up a product passport for that toy, which shall replace all EU declarations of conformity required for that toy. The product passport shall meet the requirements set out in this Article and in Article 18, as well as the requirements of other Union harmonised legislation requiring an EU declaration of conformity.

Removed:Article 17 – paragraph 2 – point f: (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;

Removed:Article 17 – paragraph 2 a (new): 2a. The access rights referred to in paragraph 2 (f) shall comprise: / (a) information accessible to consumers or other end-users listed in points (c), (d), (i), (j), (ka), (kb) and (kc) of Part I of Annex VI and, where applicable, points (a) and (b) of Part II of Annex VI; / (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;

Removed:Article 17 – paragraph 8: deleted

Removed:Article 17 – paragraph 10 – subparagraph 1 – introductory part: The Commission shall adopt delegated acts in order to supplement this Regulation by determining the specific and technical requirements related to the product passport for toys by.....(OP please insert the date = 12 months after the entry into force of this Regulation). Those requirements shall cover in particular the following:

Removed:Article 17 – paragraph 10 a (new): 10a. The Commission shall publish guidelines and tailor-made guidance for SMEs and micro-enterprises on how to set up a product passport for their toys and an automatic translation tool for the languages referred to in paragraph 2(e). This support shall be implemented no later than .....(OP please insert date = 12 months after the entry into force of this Regulation).

Removed:Article 18 – paragraph 3: 3. Consumers or other end-users, economic operators and other relevant actors shall have access on the basis of their respective access rights to the product passport free of charge.

Removed:Article 19 – paragraph 1: 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) …/… [PO insert serial number for Ecodesign Requirements for Sustainable Products] (the ‘registry’), the unique product identifier and unique operator identifier for that toy.

Removed:Article 21 – paragraph 1: 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 which shall in particular: / (a) cover all the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards and the potential exposure to such hazards; / (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; / (c) be updated whenever additional relevant information is available.

Removed:(a)-(c) moved from paragraph 2 up to paragraph 1.

Removed:Article 21 – paragraph 2 – subparagraph 1: deleted / (deleted) / (deleted) / (deleted)

Removed:Text moved up to para. 1.

Removed:Article 22 – paragraph 2: 2. If the manufacturer has applied harmonised standards, the reference of which has been published in the Official Journal of the European Union, or common specifications, covering all relevant safety requirements for the toy, the manufacturer shall use the internal production control procedure set out in Part I of Annex IV.

Removed:Article 22 – paragraph 3 – point a: (a) where harmonised standards, the reference of which has been published in the Official Journal of the European Union, or common specifications, covering all relevant safety requirements for the toy, do not exist;

Removed:Article 22 – paragraph 3 – point c: (c) where one or more of the harmonised standards referred to in point (a) has been published with a restriction, in the event that restriction is relevant to the toy in question;

Removed:Article 26 – paragraph 6: 6. A notifying authority shall have a sufficient number of competent personnel at their disposal for the efficient performance of their tasks.

Removed:Article 28 – paragraph 6 – subparagraph 3: A conformity assessment body shall have the means necessary to efficiently perform the technical and administrative tasks connected with the conformity assessment activities and shall have access to all necessary equipment or facilities.

Removed:Article 28 – paragraph 10: 10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Annex IV, except in relation to the competent authorities of the Member State in which its activities are carried out. Intellectual property rights and trade secrets, in accordance with Directive (EU) 2016/943, shall be protected.

Removed:Article 41 – title: National measures concerning toys which are not compliant with the particular safety requirements

Removed:Article 41 – paragraph 1 – subparagraph 1: Where the market surveillance authorities of one Member State have sufficient reason to believe that a toy covered by this Regulation presents a risk to the health or safety of persons, they shall carry out an evaluation in relation to the toy concerned covering all the requirements laid down in this Regulation. They shall immediately inform the relevant economic operator, in accordance with Article 4(1) and (2) of Regulation (EU) 2019/1020, of the procedure they have initiated and of the possible risk they have identified in the toy, and give the economic operator the opportunity to react. The relevant economic operators shall cooperate, as necessary, with the market surveillance authorities for that purpose.

Removed:The responsible economic operator must be informed as soon as possible that his toy may present a risk to the health or safety of persons.

Removed:Article 47 – paragraph 4: 4. Before adopting a delegated act, the Commission shall consult relevant stakeholders and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Removed:Chapter IX a (new) – Article 52 a (new): Chapter IXa / AMENDMENTS / Article 52a / Amendments to Directive 2014/53/EU / In Article 10 (3) of the Directive 2014/53/EU the following text is added: ‘ If the radio equipment is in a toy, the product passport established by Regulation (EU) 2024/... of the European Parliament and of the Council of..... on the safety of toys includes also the elements set out in Annex VI and Annex VII of this Directive.’

Removed:The product passport shall also replace the declaration of conformity required by the Radio Equipment Directive.

Removed:Article 54 – paragraph 1: 1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 54 months after the date of entry into force of this Regulation].

Removed:Article 55 – paragraph 1: 1. By … [OP please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings.

Removed:Annex II – Part I – point 9: 9. Toys which are designed to emit a sound shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing.

Removed:Noise limits should only have to apply to toys that are designed to emit a sound, as foreseen in Annex II Part I number 10 of the current Toy Safety Directive (2009/48/EC).

Removed:Annex II – Part III – point 7 – point c: (c) toy components where the substance or mixture is fully inaccessible to children, including by inhalation, when the toy is used as specified in the first subparagraph of Article 5(2) .

Removed:Addition from Annex II, Part 3 point 4 b) Toy Safety Regulation 2009/48/ EC.

Removed:Annex III – point 1 – paragraph 1: All warnings shall be preceded by the word ‘Warning’ or, alternatively, by the following pictogram:

Removed:In order to avoid confusing consumers, the Toy Safety Regulation should provide for a single, specific pictogram to be used, taken from ISO 7010 "Graphic symbols – Safety colours and safety signs – Registered safety symbols".

Removed:Annex III – point 2 – paragraph 2: The pictogram shall be at least 10 mm diameter in size and shall contain a red circle with a white background and with the text and face in black colour. These warnings shall be accompanied by a brief indication, which may appear in the instructions for use, of the specific hazard calling for this precaution.

Removed:Addition necessary in order to align it with the specification in standard EN71.

Removed:Annex III – point 8 – paragraph 1 – introductory part: Packaging of food containing toys or packaging of food or co-mingled with toys shall bear the following warning:

Removed:If food contains a toy, it would be better to inform the consumer before consuming the food, therefore a warning that is visible on the food packaging makes more sense than on the toy itself.

Removed:Annex IV – Part III – title: Module C: Conformity to type based on internal production control

Removed:Annex VI – Part I – point k: deleted

Removed:Annex VI – Part I – point k a (new): (ka) the communication channel as provided for in Article 7(11);

Removed:Annex VI – Part I – point k b (new): (kb) if the toy includes radio equipment the information provided for in Annex VI of Directive 2014/53/EU of the European Parliament and of the Council;

Removed:The product passport shall also replace the declaration of conformity required by the Radio Equipment Directive.

Removed:Annex VI – Part I – point k c (new): (kc) a link to the section of the Safety Gate Portal referred to in Article 34(3) of Regulation 2023/988 for the transmission of information about toys that might present a risk to the health and safety of consumers.

Removed:The EU single market for safe toys has been a major achievement for the protection of children while removing the barriers to the free movement of toys within the Union to the benefits of companies, which are mostly constituted by small and medium sized enterprises.

Removed:While it must be recognized that the framework built by Directive 2009/48/EC - the ‘Toy Safety Directive’ - has made the EU the safest place for toys in the world, new challenges have arisen, for example, from the changes in the purchasing habits brought by online marketplaces and from new technologies. Greater efforts must be undertaken to overcome these challenges, and reduce the number of unsafe toys circulating in the single market (toys are still amongst the most notified categories of products in the EU Safety Gate system for non-food dangerous products).

Removed:The current Toy Safety Directive should therefore be revised to ensure that consumers can count on a high level of safety for all products and that this safety is effectively monitored. This revision should also prioritise the removal of potential barriers to the development of disruptive technologies, as stated by the European Parliament in its resolution of 25 November 2020 on addressing product safety in the single market (2019/2190(INI)). Furthermore, the Parliament called for a broader approach for this revision through its resolution of 16 February 2022 on the implementation of the Toy Safety Directive (2021/2040(INI)), in order to enhance its effectiveness and efficiency and avoid implementation inconsistencies among Member States and market fragmentation.

Removed:The rapporteur is satisfied that the Commission has chosen a Regulation on toy safety to replace the Directive. This will not just strengthen the level of protection of children from possible risks but will also strengthen a harmonised protection system while providing for a level playing field between toys manufactured in the EU and abroad.

Removed:The key principle of the Rapporteur in drafting the report was therefore the protection of children as the most vulnerable consumers. With this perspective, the Rapporteur welcomes the ban on CMRs and endocrine disruptors, and, with regard to other chemicals, suggests a proportionate approach if children are not exposed to them.

Removed:With regard to the obligations for the economic operators, the rules for manufacturers, importers and distributors need to be coherent with currently adopted legislation, in particular the General Product Safety Regulation. Further to that, administrative burdens should be avoided, since they might create barriers to market access and will not help to improve toy safety. Additionally, SMEs need more help to comply with the future new set of rules set out by the Regulation. In particular, the product passport might cause an administrative burden to SMEs. The Rapporteur therefore suggests for the Commission to provide SMEs with tailor-made guidance on how to set up a product passport for their toys and also an automatic translation tools for the different languages of the Member States in which the SMEs want to make available their toys.

Removed:Issues may arise due to the fact that the new Ecodesign for sustainable products Regulation is not yet adopted, while this proposal refer to that Regulation when it comes to the use of the digital product passport. In any case, even if the uncertainties concerning the digital product passport are addressed, the relevant information requirements in the context of the toy safety regulation should be applied only with regard to toy safety related matters and should not cover other elements, such as those related to the substances of concern. The specific environmental issues are subject to other pieces of legislation. Therefore, overlapping should be avoided, to allow legal certainty in the interest of consumers, companies and market surveillance authorities who will have to enforce the new rules.

Removed:Within this context, the product passport is an interesting solution as an effective tool for the market surveillance of products, including products entering the territory of the Union, but it could also do more than that. The Rapporteur has identified four specific aspects with regard to the product passport:

Removed:a) it should allow consumers to get the information needed in case they want to complain about the safety of a product;

Removed:b) it should replace all declarations of conformity, also the one foreseen in radio equipment directive;

Removed:c) it should be organised in different sections with different access rights for market surveillance authorities and consumers, since sensitive commercial information and trade secrets should be protected;

Removed:d) its technical specifications should be set out through delegated acts and at least 12 months after the entry into force of the legislation, to give the toy industry 18 months to adapt to the new system.

Removed:Furthermore, in general, industry needs enough time to adapt to new legislation, in particular because of the standards that need to be updated, the possible derogations and transitional period. The transitional period therefore should be modified.