What changed between the adopted text of 13 Mar 2024 and the adopted text of 25 Nov 2025

Removed:(72) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to establish the detailed technical requirements for the digital product passport for toys, and to determine whether a specific product or group of products is to be considered a toy for the purposes of this Regulation. In exceptional cases where it is necessary in order to address new emerging risks that are not appropriately addressed by the particular safety requirements, the Commission should be empowered to adopt implementing acts setting out specific measures against toys or categories of toys made available on the market which present a risk for children. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. [Am. 35]

Removed:(73) Member States should provide for penalties applicable to infringements of this Regulation. Those penalties should be effective, proportionate and dissuasive.

Removed:(74) In order to allow manufacturers and other economic operators sufficient time to adapt to the requirements laid down by this Regulation, it is necessary to provide for a transitional period during which toys which comply with Directive 2009/48/EC may be placed on the market. In addition, the period during which t toys already placed on the market in compliance with that Directive may continue to be made available on the market after this Regulation becomes applicable should be limited.

Removed:(75) Since the objective of this Regulation, namely to ensure a high level of safety of toys with a view to ensuring the health and safety of children whilst guaranteeing the functioning of the internal market, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

Removed:HAVE ADOPTED THIS REGULATION:

Removed:CHAPTER I GENERAL PROVISIONS

Removed:Article 1 Objective and subject matter [Am. 36]

Removed:The objective of this Regulation lays down rules on the safety of toys, ensuringis to improve the functioning of the internal market while providing for a high level of consumer protection and a high level of protection of health and safety of children and other persons, and on the free movement of toys in the Union. [Am. 37]

Removed:This Regulation lays down rules on the safety of toys and on the free movement of toys in the Union, contributing to strengthening of the internal market. [Am. 38]

Removed:Article 2 Scope

Removed:1. This Regulation applies to products which are designed or intended, whether or not exclusively, for use in play by children under 14 years of age (‘toys’).

Removed: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, or by children of any other specific age group below 14 years, 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. [Am. 39]

Removed:2. This Regulation does not apply to the products listed in Annex I.

Removed:3. The Commission shall, before the application of this Regulation pursuant to Article 56 and where necessary to address existing safety risks after the application of this Regulation, be empowered to adopt implementing acts determining whether or not specific products or categories of products fulfil the criteria set out in paragraph 1 of this Article and therefore can or cannot be considered toys within the meaning of this Regulation. Those implementing acts shall be adopted in accordance with the procedure set out in Article 50(2). [Am. 40]

Removed:3a. This Regulation shall be implemented taking due account of the precautionary principle. [Am. 41]

Removed:Article 3 Definitions

Removed:For the purposes of this Regulation the following definitions apply:

Removed:(1) ‘making available on the market’ means any supply of a toy for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

Removed:(2) ‘placing on the market’ means the first making available of a toy on the Union market;

Removed:(3) ‘manufacturer’ means any natural or legal person who manufactures a toy or has a toy designed or manufactured, and markets that toy under that person’s name or trademark;

Removed:(4) ‘authorised representative’ means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that person’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation; [Am. 42]

Removed:(5) ‘importer’ means any natural or legal person established within the Union who places a toy from a third country on the Union market;

Removed:(6) ‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a toy available on the market;

Removed:(7) ‘fulfilment service provider’ means fulfilment service provider as defined in Article 23, point 11, of Regulation (EU) 2019/1020; [Am. 43]

Removed:(8) ‘economic operator’ means the manufacturer, the authorised representative, the importer, the distributor and the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or making them available on the market in accordance with this Regulation; [Am. 44]

Removed:(9) ‘provider of an online marketplace’ means a provider of an intermediary service using an online marketplace as defined ininterface 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; [Am. 45]

Removed:(10) ‘harmonised standard’ means a harmonised standard as defined in Article 2, point (1), of Regulation (EU) No 1025/2012;

Removed:(11) ‘Union harmonisation legislation’ means Union legislation listed in Annex I to Regulation (EU) 2019/1020 and any other Union legislation harmonising the conditions for the marketing of products to which that Regulation applies;

Removed:(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; [Am. 46]

Removed:(12) ‘CE marking’ means a marking by which the manufacturer indicates that the toy is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing;

Removed:(12a) ‘essential safety requirements’ means the ‘general safety requirement’ laid down in Article 5 (2) together with the particular safety requirements set out in Annex II; [Am. 47]

Removed:(13) ‘toy model’ means a group of toys that meet the following conditions:

Removed:(a) they are under the responsibility of the same manufacturer,

Removed:(b) they have uniform design and technical characteristics,

Removed:(c) they are manufactured using uniform materials and manufacturing processes,

Removed:(d) they are defined by a type number or other element allowing them to be identified as a group;

Removed:(13a) ‘digital 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; [Am. 48]

Removed:(14) ‘data carrier’ means a linear bar code symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a devicedata carrier as defined in Article 2 paragraph 1, point 30 of Regulation (EU) .../...) [OJ insert serial number for Ecodesign Requirements for Sustainable Products; [Am. 49]

Removed:(15) ‘unique product identifier’ means unique string of characters for the identification of toys that also enables a web link to the product passportidentifier as defined in Article 2 paragraph 1, point 31 of Regulation (EU) .../...) [OJ insert serial number for Ecodesign Requirements for Sustainable Products]; [Am. 50]

Removed:(16) ‘unique operator identifier’ means a unique string of characters for the identification of actors involved in the value chain of toysoperator identifier as defined in Article 2 paragraph 1, point 32 of Regulation (EU) .../...) [OJ insert serial number for Ecodesign Requirements for Sustainable Products]; [Am. 51]

Removed:(17) ‘release for free circulation’ means the customs procedure laid down in Article 201 of Regulation (EU) No 952/2013;

Removed:(18) ‘customs authorities’ means customs authorities as defined in Article 5, point (1), of Regulation (EU) No 952/2013;

Removed:(19) ‘EU Customs Single Window Certificates Exchange System’ means the system referred to in Article 4 of Regulation (EU) 2022/2399 of the European Parliament and of the Council;

Removed:(20) ‘conformity assessment’ means the process demonstrating whether the essential safety requirements relating to a toy have been fulfilled; [Am. 52]

Removed:(21) ‘conformity assessment body’ means a body that performs conformity assessment activities, including calibration, testing, certification and inspection;

Removed:(22) ‘accreditation’ means accreditation as defined in Article 2, point (10), of Regulation (EC) No 765/2008;

Removed:(23) ‘national accreditation body’ means a national accreditation body as defined in Article 2, point (11), of Regulation (EC) No 765/2008;

Removed:(24) ‘hazard’ means a potential source of harm;

Removed:(25) ‘risk’ means the combination of the probability of an occurrence of a hazard and the degree of severity of the harm caused by that hazard;

Removed:(26) ‘recall’ means any measure aimed at achieving the return of a toy that has already been made available to the end user;

Removed:(27) ‘withdrawal’ means any measure aimed at preventing a toy in the supply chain from being made available on the market;

Removed:(28) ‘market surveillance authority’ means a market surveillancean authority as defined indesignated by a Member State under Article 3, point (4),10 of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State; [Am. 53]

Removed:(28a) ‘notifying authority' means an authority designated by a Member State under this Regulation as responsible for the assessment and notification of conformity assessment bodies in the territory of that Member State; [Am. 54]

Removed:(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; [Am. 55]

Removed:(30) ‘aquatic toy’ means a toy that is intended for use in shallow water and which is capable of carrying or supporting a child in the water;

Removed:(31) ‘activity toy’ means a toy for domestic use in which the support structure remains stationary while the activity is taking place and which is intended for climbing, jumping, swinging, sliding, rocking, spinning, crawling, creeping, or any combination thereof;

Removed:(32) ‘chemical toy’ means a toy intended for the direct handling of chemical substances and mixtures and which is used in a manner appropriate to a given age-group and under the supervision of an adult; [Am. 56]

Removed:(33) ‘olfactory board game’ means a toy the purpose of which is to assist a child to learn to recognise or combine different odours or flavours; [Am. 57]

Removed:(34) ‘cosmetic kit’ means a toy the purpose of which is to assist a child to learn to make cosmetic products such as fragrances, soaps, creams, shampoos, conditioners, bath foams, tooth pastes as well as glosses, lipsticks and other make-up;

Removed:(35) ‘gustative game’ means a toy the purpose of which is to allow children to make sweets or dishes through the use of food ingredients, including liquids, powders and aromas without using any heat source; [Am. 58]