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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 6 of 16: Paragraphs 301–360

Removed:(i) the request has not been accepted; or

Removed:(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

Removed:(iii) the harmonised standards do not comply with the request; and [Am. 119]

Removed:(b) the Commission has requested, pursuant to Article 10(1) of Regulation 1025/2012, one or more European standardisation organisations to draft or to revise Europeanno reference to harmonised standards for thosecovering the product requirements and eitherhas been published in the Official Journal of the following conditions is fulfilled:European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period. [Am. 120]

Removed:(1) the request has not been accepted by any of the European standardisation organisations to which the request was addressed; [Am. 121]

Removed:(2) the request has been accepted by at least one of the European standardisation organisations to which the request was addressed, but the European standards requested:

Removed:(a) have not been adopted within the deadline set in the request;

Removed:(b) do not comply with the request; or

Removed:(c) do not satisfy the requirements they aim to cover. [Am. 122]

Removed:Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 50(3). [Am. 123]

Removed:2a. When preparing the delegated act referred to in paragraph 2, the Commission shall take into account the views of the relevant bodies and expert groups. [Am. 124]

Removed:3. When references of a harmonised standard are published in the Official Journal of the European Union, the Commission shall assess whether the implementingdelegated acts referred to in paragraph 2 of this Article which cover the same essential safety requirement need to be repealed or amended. [Am. 125]

Removed:Article 15 General principles of the CE marking

Removed:Toys made available on the market shall bear the CE marking.

Removed:The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

Removed:Article 16 Rules and conditions for affixing the CE marking

Removed:1. The CE marking shall be affixed visibly, legibly and indelibly to the toy, to a label attached to the toy or to the packaging of the toy.

Removed:By way of derogation from the first subparagraph, in the case of small toys and toys consisting of small parts, the CE marking may be affixed to a leaflet accompanying the toy.

Removed:By way of derogation from the first subparagraph, in the case of toys sold in counter displays where it is not technically possible to affix the CE marking to each individual toy, the CE marking may be affixed to the counter display on the condition that the counter display was originally used as packaging for the toy.

Removed:Where the CE marking affixed to the toy is not visible from outside the packaging, it shall also be affixed to the packaging.

Removed:2. The CE marking shall be affixed before the toy is placed on the market.

Removed:3. The CE marking shall, where applicable in accordance with Article 6, be followed by a pictogram or any other warning indicating a special risk or use.

Removed:4. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.

Removed:CHAPTER IV DIGITAL PRODUCT PASSPORT [Am. 126]

Removed:Article 17 Digital Product passport [Am. 127]

Removed:1. Before placing a toy on the market, manufacturers shall create adraw up a digital product passport for that toy. The digital product passport shall meet the requirements laid down in this Article and Article 18 and other relevant Union harmonised legislation requiring an EU declaration of conformity and it shall replace all EU declarations of conformity required. [Am. 128]

Removed:2. The digital product passport shall: [Am. 129]

Removed:(a) correspond to a specific toy model;

Removed:(b) state that compliance of the toy with the requirements set out in this Regulation and in other Union harmonised legislation requiring an EU declaration of conformity, in particular, the essential safety requirements, has been demonstrated; [Am. 130]

Removed:(c) contain at least the information set out in Part I of Annex VI;

Removed:(d) be up to date;

Removed:(e) be available in the language or languages required by the Member State where the toy is made available on the market;

Removed:(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; [Am. 131]

Removed:(g) be available for a period of 10 years after the last item of the toy modeltoy is placed on the market, also in cases of insolvency, a liquidation or a cessation of activity in the Union of the economic operator that created the digital product passport; [Am. 132]

Removed:(h) be accessible through a data carrier;

Removed:(i) fulfil the specific and technical requirements laid down pursuant to paragraph 10 in order to facilitate the verification of product compliance by competent national authorities. [Am. 133]

Removed:2a. The access rights referred to in paragraph 2, point (f) of this Article shall comprise:

Removed:(a) information accessible to consumers or other end-users listed in points (c), (d), (i), (j), (ja), (jb) and (jc) of Part I of Annex VI and, where applicable, points (a) and (b) of Part II of Annex VI;

Removed:(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. [Am. 134]

Removed:3. In addition to the information referred to in paragraph 2, the digital product passport may contain the information set out in Part II of Annex VI. [Am. 135]

Removed:4. By creating the digital product passport, the manufacturer shall assume responsibility for the compliance of the toy with this Regulation and with any other Union legislation applicable to toys. [Am. 136]

Removed:5. The data carrier shall be physically present on the toy or on a label attached to the toy, in accordance with the implementing act adopted in accordance with paragraph 10. In the case of small toys and toys consisting of small parts, the data carrier may alternativelyshall be affixed to its packaging. It shall be clearly visible to the consumer before any purchase and to market surveillance authorities, including in cases where the toy is made available through distance sales. [Am. 137]

Removed:6. Where other Union legislation requires information on the toy to be available via a data carrier, a single data carrier shall be used to provide the information required under this Regulation and such other Union legislation.

Removed:7. Where other Union legislation applying to toys requires a digital product passport, a single digital product passport shall be created for toys containing the information required under this Regulation as well as any other information required for the digital product passport by that other Union legislation. [Am. 138]

Removed:8. By way of derogation from paragraph 2, point (c), where information requirements relating to substances of concern in toys are established in a delegated act adopted in accordance with Article 4 of Regulation …/… [OP please insert: the Ecodesign for Sustainable Products Regulation], the information referred to in Part I, point (k), of Annex VI to this Regulation is no longer required. [Am. 139]

Removed:9. Economic operators may, in addition to the information referred to in paragraphs 6 and 7, make other information accessible through the data carrier referred to in paragraph 5. Where this is the case, that information shall be clearly separated from the information required under this Regulation and, where relevant, under other Union legislation.

Removed:10. The Commission shallis empowered to adopt implementing actsdelegated acts in accordance with Article 47 to supplement this Regulation by determining the specific andbasic technical requirements related to the digital product passport for toys by ... [12 months after the entry into force of this Regulation]. Those requirements shall cover in particular the following: [Am. 140]

Removed:(a) the types of data carrier to be used;

Removed:(b) the layout in which the data carrier is to be presented and its positioning;

Removed:(c) the technical elements of the passport for which defined European or international standards are to be used;

Removed:(d) the actors that may introduce or update the information in the digital product passport, including where needed the creation of a new passport, including manufacturers, notified bodies, competent national authorities, and the Commission, or any organisation acting on their behalf, and the types of information they may introduce or update. [Am. 141]

Removed:Those implementingdelegated acts shall be adopted in accordance with the procedure set out in Article 50(3)46 (2). [Am. 142]

Removed:Article 18 Technical design and operation of the digital product passport [Am. 143]

Removed:1. The digital product passport shall be fully interoperable with digital product passports required by other Union legislation in relation to the technical, semantic and organisational aspects of end-to-end communication and data exchange. [Am. 144]

Removed:2. All information included in the digital product passport shall be based on open standards developed with an interoperable format, including for the purpose of transmitting information via the Safety Business Gateway and the Safety Gate Portal referred to in Articles 27 and 34 of Regulation (EU) 2023/988. It and shall be machine readable, structured and searchable in accordance with the essential requirements set out in Regulation .../... [Ecodesign Regulation for Sustainable Products]. The digital product passport shall be designed and operated in an accessible manner, and incorporate the principle of security and privacy by design. [Am. 145]

Removed:3. Consumers or other end-users, economic operators and other relevant actors shall have access on the basis of their respective access rights in accordance with Union legislation to the digital product passport free of charge. [Am. 146]

Removed:3a. Consumers shall not be requested to download and install any software, register, or to provide a password to access the digital product passport. [Am. 147]

Removed:4. The data included in the digital product passport shall be stored by the economic operator responsible for its creation or by operators authorised to act on their behalf. [Am. 148]

Removed:5. Where the data included in the digital product passport is stored or otherwise processed by an operator authorised to act on behalf of the economic operators placing the toy on the market, that other operator shall not be allowed to sell, re-use or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services. [Am. 149]

Removed:6. Economic operators mayshall not track, analyse or use any usage information for purposes other than what is absolutely and strictly necessary for providing the information on the digital product passport online. [Am. 150]