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

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.