What changed between the draft committee report and the plenary report

Added:Article 5 – title: Essential safety requirements

Added: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.

Added:Article 5 – paragraph 2 – subparagraph 1 a (new): 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.

Added:Article 5 – paragraph 2 – subparagraph 1 b (new): A manufacturer shall apply the second subparagraph in a manner that is proportionate to its capability in relation to adequately assessing those risks.

Added:Article 6 – paragraph 1: 1. Where necessary to ensure their safe use and the health of children, 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.

Added:Article 6 – paragraph 2 – subparagraph 1 – introductory part: The categories of toys set out in Annex III shall bear warnings:

Added:Article 6 – paragraph 2 – subparagraph 1 – point a: deleted

Added:Article 6 – paragraph 2 – subparagraph 1 – point b: deleted

Added:Article 6 – paragraph 2 – subparagraph 1 – point c: deleted

Added:Article 6 – paragraph 2 – subparagraph 1 – point d: deleted

Added:Article 6 – paragraph 2 – subparagraph 1 – point e: deleted

Added:Article 6 – paragraph 2 – subparagraph 1 – point f: deleted

Added:Article 6 – paragraph 2 – subparagraph 1 – point g: deleted

Added:Article 6 – paragraph 2 – subparagraph 1 – point h: deleted

Added:Article 6 – paragraph 2 – subparagraph 1 – point i: deleted

Added:Article 6 – paragraph 2 – subparagraph 1 – point j: deleted

Added:Article 6 – paragraph 3 – subparagraph 1: 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. 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.

Added: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 and online sales. Warnings shall be of sufficient size to ensure that 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.

Added:Article 6 – paragraph 4: 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 considering the age group of children for which the toys are intended, and to the ways of avoiding such hazards and risks.

Added:Article 7 – paragraph 2 – subparagraph 2 – point a: (a) create a digital product passport for the toy in accordance with Article 17;

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

Added:Article 7 – paragraph 2 – subparagraph 2 – point d: (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).

Added:Article 7 – paragraph 3: 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 model covered by that documentation and digital product passport has been placed on the market.

Added:Article 7 – paragraph 4 – subparagraph 2: When deemed appropriate with regard to the risks presented by a toy, for the protection of health and safety of consumers, manufacturers shall, carry out sample testing of marketed toys.

Added:Article 7 – paragraph 6: 6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal or electronic address at which they can be contacted on the toy or, where that is not feasible, 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.

Added: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 including persons with disabilities if feasible, as determined by the Member State concerned. Such instructions and information shall be clear, understandable and legible.

Added: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.

Added: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:

Added:Article 7 – paragraph 8 – subparagraph 2 – point a: (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

Added:Article 7 – paragraph 10: 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.

Added: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.

Added:Article 8 – paragraph 1: 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.

Added:Article 8 – paragraph 3 – point a: (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 model covered by those documents has been placed on the market;

Added:Article 8 – paragraph 3 – point b: (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;

Added: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 written mandate.

Added:Article 8 – paragraph 3 – point c a (new): (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.

Added: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;

Added:Article 9 – paragraph 2 – subparagraph 1 – point c: (c) the manufacturer has created a digital product passport for the toy in accordance with Article 7(2);

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

Added:Article 9 – paragraph 2 – subparagraph 1 – point e: (e) the relevant information in the digital product passport has been included in the digital product passport registry in accordance with Article 19(1);

Added: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 inform the manufacturer and refrain from placing the toy on the market until it has been brought into conformity by the manufacturer.

Added: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:

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

Added: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 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.

Added:Article 9 – paragraph 7: 7. Importers shall, for a period of 10 years after the last item of the toy model 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.

Added: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.

Added:Article 9 – paragraph 10 – subparagraph 2: 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.

Added: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;

Added: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 inform the manufacturer and refrain from making the toy available on the market until it has been brought into conformity by the manufacturer.

Added: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:

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

Added: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 immediately taken.

Added: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 manufacturer or the importer, as applicable and 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.

Added:Article 11 – title: Cases in which obligations of manufacturers apply to other persons

Added:Article 11 – paragraph 1: A natural or legal person shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Article 7, where such a natural or legal person places a toy on the market under its name or trademark or modifies a toy already placed on the market in such a way that compliance with the applicable requirements of this Regulation may be affected.

Added:Chapter II a (new) – Article 12 a (new): Chapter IIa / Obligations of online marketplaces / Article 12a / For the purposes of this Regulation, providers of online marketplaces shall comply with the requirements set out in Article 22 of Regulation (EU) 2023/988.

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

Added: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 only where the following conditions are fulfilled:

Added:Article 14 – paragraph 2 – subparagraph 1 – point a: (a) the Commission has requested, pursuant to Article 10(1) of Regulation 1025/2012, one or more European standardisation organisations to draft or revise European standards for those requirements and: / (i) the request has not been accepted; or / (ii) the harmonised standards addressing that request are not delivered within the deadline set in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or / (iii) the harmonised standards do not comply with the request; and

Added:Article 14 – paragraph 2 – subparagraph 1 – point b – introductory part: (b) no reference to harmonised standards covering the product requirements has been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period.