The EU is revamping its toy safety legislation to create a safer and more transparent toy market. The proposed changes in the EU Toy Safety Regulation will play a crucial role in ensuring that toys are safe for children, enhancing consumer confidence, and improving overall market practices.
In this article, we'll explore the key features of this proposal, including its goals and how it compares to existing regulations.
Protecting children: The main objective
The aim of the regulation is to ensure that children have a high level of safety while playing with toys. Children are particularly vulnerable to hazards associated with toys, including choking hazards, toxic materials, and broken parts that could lead to injury. The proposed regulation reflects a commitment to child safety by introducing measures designed to tackle these issues head-on.
By establishing safety standards, the EU hopes to minimise the risks associated with toys, making sure that manufacturers are held accountable for the safety of their products.
Chemical safety: A multi-pronged approach
A main aspect of the proposed regulation focuses on improving the safety of toys regarding chemical substances. The proposal outlines several strategies to achieve this:
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Generic bans: The regulation will implement blanket prohibitions on certain substances known to pose health risks. This includes chemicals classified as carcinogenic, mutagenic, or toxic for reproduction (known as CMRs), as well as endocrine disruptors and substances harmful to specific organs. These bans will take effect as soon as a substance is classified as hazardous under existing laws, ensuring that measures are put in place quickly.
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Limited exceptions: While safety is at the forefront, the regulation recognises that some chemicals may be necessary for particular toy functions. To address this, the proposal allows for limited exceptions to the bans under strict conditions. Manufacturers seeking an exemption will need to submit a safety assessment conducted by scientific committees to prove that no safer alternatives exist.
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Updated limit values: The regulation will establish more current limit values for certain chemical substances used in toys. The goal is to empower the European Commission to create specific limits based on the latest scientific knowledge.
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Combined exposure considerations: To address the risk posed by multiple chemicals, the proposal requires manufacturers to evaluate the potential dangers related to combined or cumulative exposure to chemicals in a toy. By accounting for how chemicals may interact, this approach provides a more comprehensive safety assessment.
Digital Product Passports: Fostering transparency
To enhance transparency in the toy market, the proposal introduces "Digital Product Passports" (DPPs). These DPPs serve as digital records that provide detailed compliance information about each toy. They will replace the traditional EU declaration of conformity and can be accessed through a QR code or similar data carrier affixed to the product.
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Access to Information: DPPs will allow consumers, regulatory authorities, and other stakeholders easy access to information about each toy. This includes details about raw materials, manufacturing, safety testing results, and compliance with chemical standards. By having this information readily available, buyers can make more informed choices, as well as drive a circular economy.
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Traceability: With DPPs, tracking the origin and journey of a toy through its supply chain becomes easier. This transparency enhances accountability among manufacturers and provides a clear record that can be referred to if a safety issue arises.
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Simplified compliance verification: The DPP system will make it simpler for regulatory authorities to verify whether products meet safety standards. This streamlined process can significantly improve market surveillance and customs controls, ensuring that only safe toys reach consumers.
Economic operators: Shared responsibilities
The proposed regulation also lays out specific responsibilities for the multiple parties that are involved in the toy's lifecycle:
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Manufacturers: Manufacturers need to ensure their toys are designed and produced according to the EU's safety requirements. They must create the DPP, apply CE markings, and upload product information to a central registry. Additionally, they will need to address customer complaints and inform the public and authorities of any safety issues that emerge.
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Importers: Importers play a critical role as well. They must ensure that toys entering the EU market comply with all regulations and have passed necessary conformity assessments. Importers are also charged with ensuring that products are labelled correctly and accompanied by proper instructions and information for consumers.
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Distributors: Distributors must handle toys with care to avoid compromising their safety. They are required to educate themselves about potential risks and inform authorities and consumers as needed. Distributors also participate in market monitoring to help ensure compliance with safety standards.
Notified bodies: Guardians of conformity
Notified bodies serve as independent entities tasked with assessing whether toys comply with safety regulations. Their role helps maintain the integrity of toy safety standards:
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EU-Type examination: If manufacturers opt not to follow standard specifications, or if they want third-party verification, notified bodies will conduct an EU-type examination to ensure compliance.
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Certification: After completing the necessary evaluation, notified bodies will provide an EU-type examination certificate, indicating that a toy meets regulatory requirements. This certificate serves as evidence of safety for consumers.
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Ongoing Monitoring: Notified bodies will continue to oversee toy production even after certification. They will monitor to ensure that changes in materials or production processes do not compromise safety.
Listen to a podcast about the EU Toys Regulation
National-level risk management
The proposed regulation includes a clear procedure for managing toys posing risks at the national level:
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Evaluation: If a toy is suspected of being dangerous, the national market surveillance authority will conduct an evaluation to assess its compliance.
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Corrective actions: If the toy is found non-compliant, the authority can mandate the responsible economic operator to implement corrective actions within a specified timeline.
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Provisional measures: If corrective actions are insufficient, authorities can take provisional measures to restrict or withdraw a toy from the market or even initiate a recall.
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Notification: Authorities will notify the European Commission and other EU member states about measures taken in response to safety concerns.
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Commission evaluation: The Commission will assess whether national measures are justified, collaborating with member states and concerned economic operators to ensure decisions align with EU safety objectives.
Product passport registry: A central hub for information
The proposal includes the creation of a centralised product passport registry. This registry will act as a hub for managing DPP information, making it easy for authorities to access and verify compliance information.
Customs authorities: Enhanced border controls
Customs authorities will play an important role by using product passport information to strengthen controls on toys entering the EU. When shipments arrive, customs officers can confirm the toys’ identifiers against the central registry. This will guarantee that only toys with valid DPPs and compliance information make it into the EU market.
Confidentiality and penalties
To protect sensitive business information during the compliance assessment process, the proposed regulation includes provisions for confidentiality. Manufacturers can use "private information in a Digital Product Passport" to protect trade secrets and give data only to those with a need-to-know.
Key changes and amendments
The new proposal also introduces several important changes compared to the existing Directive 2009/48/EC, which has regulated toy safety:
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Shift from directive to regulation: This transition ensures that toy safety rules are applied uniformly across all EU member states, simplifying compliance for manufacturers.
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Introduction of DPPs: By introducing DPPs, the proposal streamlines how compliance is documented and enhances transparency for consumers.
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Strengthened chemical requirements: The proposal expands bans to include more hazardous substances and updates existing limit values, ensuring better protection against risks from chemicals.
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Extended scope of safety requirements: The regulation emphasises children’s psychological health and addresses risks from digital technologies, broadening the focus of safety requirements.
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Improved market surveillance: Integrating DPPs with customs and regulatory systems strengthens the enforcement of toy safety rules, ensuring that unsafe products are kept off store shelves.
The future of toy safety
The EU's proposed Toy Safety Regulation marks a step toward creating a safer and more transparent toy market. By implementing stricter chemical safety measures; using digital technologies to manage information; and defining the responsibilities of manufacturers, importers, and distributors; the proposal aims to create an environment where children can play safely. As these regulations move forward, parents can have access to information about the toys they choose for their children, and can make better choices about safety and sustainability.
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