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Changes between two versions

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

From · adopted text· 13 Mar 2024

TA-9-2024-0144

Safety of toys and repealing Directive 2009/48/EC

To · adopted text· 25 Nov 2025

TA-10-2025-0279

Safety of toys and repealing Directive 2009/48/EC

These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).

+13 added · −888 removed · 5 changed paragraphs, packaging included.

Part 5 of 16: Paragraphs 241–300

Removed:(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. [Am. 96]

Removed:4. Where a manufacturer not established in the Union appoints an authorised representative as referred to in paragraph 1 of this Article, the written mandate shall include the tasks set out in Article 4(3) of Regulation (EU) 2019/1020.

Removed:Article 9 Obligations of importers

Removed:1. Importers shall only place on the market toys complying with this Regulation.

Removed:2. Before placing toys on the market, importers shall ensure the following:

Removed:(a) the manufacturer has carried out the appropriate conformity assessment procedure and drawn up the technical documentation referred to in Article 7(2);

Removed:(b) the toy is accompanied by instructions offor 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; [Am. 97]

Removed:(c) the manufacturer has created a digital product passport for the toy in accordance with Article 7(2); [Am. 98]

Removed:(d) the toy bears a data carrier is affixed in accordance with Article 17(5); [Am. 99]

Removed:(e) the relevant information in the digital product passport has been included in the digital product passport registry in accordance with Article 19(1); [Am. 100]

Removed:(f) the toy bears the CE marking in accordance with Article 16;

Removed:(g) the manufacturer has complied with the requirements set out in Article 7(5) and (6).

Removed: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 placeinform the manufacturer and refrain from placing the toy on the market until it has been brought into conformity by the manufacturer. [Am. 101]

Removed: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: [Am. 102]

Removed:(a) the manufacturer;

Removed:(b) the market surveillance authorities, via the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988 ;

Removed:(c) consumers or other end-users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988, or both. [Am. 103]

Removed:3. Importers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not possible, on its packaging or in a document accompanying the toy.

Removed:4. Importers shall ensure that, while a toy is under their responsibility, their storage or transport conditions do not jeopardise the toy’s compliance with the essential safety requirements.

Removed:5. When importers, with regard to the risks presented by a toy, consider it necessary for the protection of health and safety of consumers or other end-users, they shall carry out sample testing of marketed toys.

Removed:6. Where importers consider, or have reason to believe, that a toy which they have placed on the market is not in conformity with the relevant Union harmonisation legislation, they shall immediately take the corrective measures necessary to bring that toy into conformity, withdraw it or recall it, as appropriate.

Removed: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. [Am. 104]

Removed:7. Importers shall, for a period of 10 years after the last item of the toy modeltoy 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. [Am. 105]

Removed:8. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the toy in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, as regards any action taken to eliminate the risks posed by toys which they have placed on the market.

Removed:9. Importers shall verify whether the manufacturer has made a communication channelchannels 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 a communication channel ischannels are not available, importers shall provide for such a channelthem, taking into account accessibility needs for persons with disabilities. [Am. 106]

Removed:10. Importers shall investigate complaints and information referred to in paragraph 9 of this Article that they have received via a communication channel made available by the manufacturer, or via a communication channel made available by the importers themselves, and that concern the toys which they have made available on the market. Importers shall file those complaints, as well as recalls and any other corrective measures taken to bring the toys into conformity with this Regulation, in the register referred to in Article 7(12), or in their own internal register.

Removed: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. [Am. 107]

Removed:11. Personal data contained in the internal register of the importers referred to in paragraph 10 shall only be those personal data that are necessary for the importer to investigate the complaint or the information referred to in paragraph 9. Such data shall only be kept as long as is necessary for the purpose of the investigation and, in any event, no longer than 5 years after the data have been entered in the register.

Removed:Article 10 Obligations of distributors

Removed:1. When making a toy available on the market, distributors shall act with due care in relation to the requirements of this Regulation.

Removed:2. Before making a toy available on the market, distributors shall verify that the following conditions have been met:

Removed:(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; [Am. 108]

Removed:(b) the toy bears a data carrier in accordance with Article 17(5) and the CE marking in accordance with Article 16 and

Removed:(c) the manufacturer and the importer have complied with the requirements set out in Article 7(2), second subparagraph, Article 7(5), (6) and (11) and Article 9(3) respectively.

Removed: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 makeinform the manufacturer and refrain from making the toy available on the market until it has been brought into conformity by the manufacturer. [Am. 109]

Removed: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: [Am. 110]

Removed:(a) the manufacturer or the importer;

Removed:(b) the market surveillance authorities through the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988;

Removed:(c) consumers or other end-users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988, or both. [Am. 111]

Removed:3. Distributors shall ensure that, while a toy is under their responsibility, storage or transport conditions do not jeopardise its compliance with the essential safety requirement.

Removed:4. 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. [Am. 112]

Removed: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. [Am. 113]

Removed:5. Distributors shall, further to a reasoned request from a competent national authority, provide it, with all the information and documentation necessary to demonstrate the conformity of the toy, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, as regards any action taken to eliminate the risks posed by toys which they have made available on the market.

Removed:Article 11 Cases in which obligations of manufacturers apply to importers and distributors other persons [Am. 114]

Removed:An importer or a distributorA 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 importer or distributora 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. [Am. 115]

Removed:Article 12 Identification of economic operators

Removed:1. Economic operators shall, on request, identify the following to the market surveillance authorities:

Removed:(a) any economic operator who has supplied them with a toy;

Removed:(b) any economic operator to whom they have supplied a toy.

Removed:2. Economic operators shall be able to present the information referred to in the paragraph 1 for a period of 10 years after the toy has been placed on the market, in the case of the manufacturer, and for a period of 10 years after they have been supplied with the toy, in the case of other economic operators.

Removed:CHAPTER IIA OBLIGATIONS OF ONLINE MARKETPLACES

Removed:Article 12a

Removed: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. [Am. 116]

Removed:CHAPTER III CONFORMITY OF TOYS

Removed:Article 13 Presumption of conformity of toys [Am. 117]

Removed:Toys which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the essential safety requirements to the extent that those requirements are covered by those standards or parts thereof.

Removed:Article 14 Common specifications

Removed:1. Toys which are in conformity with the common specifications referred to in paragraph 2 of this Article or parts thereof shall be presumed to be in conformity with the essential safety requirements to the extent that those requirements are covered by those common specifications or parts thereof.

Removed:2. The Commission may, by means of implementing actsdelegated acts supplementing this Regulation, establish common specifications for the essential safety requirements only where the following conditions are fulfilled: [Am. 118]

Removed:(a) there is no harmonised standard covering the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft or revise European standards for those requirements the reference of which is published in the Official Journal of the European Union or the standard does not satisfy the requirements it aims to cover;and: