Toy Safety Regulation: EU Council and Parliament strike a deal to protect children

Brussels, 11 April 2025

EU Commission welcomes agreement on new rules for safer toys in the EU

The European Commission welcomes the provisional political agreement between the European Parliament and the Council on the new toy safety rules, following the Commission’s proposal for a Regulation on Toy Safety from 28 July 2023.

The new Regulation will ban the use of harmful chemicals, such as PFAS, endocrine disruptors and bisphenols, in toys. All toys will have a Digital Product Passport to prevent unsafe toys sold online and offline from entering the EU. The Regulation sets stricter rules on online sales and give inspectors greater powers to remove dangerous toys from the market. This will ensure that imported toys are as safe for consumers as toys manufactured in the EU.

The new requirements

Building on the existing rules, the new Toy Safety Regulation will update the safety requirements that toys must meet to be marketed in the EU, whether they are manufactured in the EU or elsewhere. More specifically, today’s agreement will:

Better protect against harmful chemicals: In addition to the substances already banned, the new Regulation will prohibit the use of chemicals that affect the endocrine system (endocrine disruptors) or the respiratory system, those that can create skin allergies or are toxic to a specific organ. It will also ban the use of dangerous bisphenols and per- and polyfluoroalkyl substances (PFAS) in toys.
Better use of digital tools: with the new Regulation, all toys will be required to have a Digital Product Passport in the format of a data carrier, such as a QR code, on the toy. Consumers or authorities will easily see the toy’s product, compliance and other information. Importers will have to submit digital product passports at the EU borders, including for toys sold online. A new IT system will screen all digital product passports at the EU’s external borders and will identify the shipments that need detailed controls at customs. Checks on toys by national inspectors will be facilitated, as information will be readily available in the digital product passport. This will streamline actions against unsafe toys in the EU and ensure that all toys manufacturers can compete equally and fairly.

Next step

The political agreement is now subject to formal approval by the European Parliament and the Council. It will entry into force after 20 days following its publication in the Official Journal. The Regulation foresees a transition period for industry and authorities to adapt to the new rules.

Background

Directive 2009/48/EC on the safety of toys lays down the safety requirements that toys must meet to be placed on the EU, irrespective of whether they are manufactured in the EU or in third countries. This facilitates the free movement of toys within the Single Market.

However, following an evaluation of the Directive, the Commission identified a number of weaknesses in the practical application of the Directive since its adoption in 2009. In particular, there is a need for a higher level of protection from possible risks in toys, specifically from risks posed by harmful chemicals. Also, the evaluation concluded that the Directive needs to be implemented more efficiently, particularly regarding online sales.

As a result, the Commission presented the proposal for a Regulation on Toy Safety on 28 July 2023.

For more information

Quote

The new rules just agreed make toys sold online and offline safer for children. They ban harmful chemicals and introduce a Digital Product Passport will provide wider information to consumers and help market inspectors to detect and remove dangerous toys, especially at EU borders. This will help to create fairer competition and a level playing field for EU’s toy manufacturers.

^{Stéphane Séjourné, Executive Vice-President for Prosperity and Industrial Strategy}

Source – EU Commission

EU Council background on toy safety

10 April 2025

The EU Council and the European Parliament have reached a provisional deal on a regulation updating the safety requirements for toys sold on the EU single market. The agreement reached today on the toy safety regulation reinforces the already stringent safety rules, aligns the obligations of economic operators (both from the EU and third countries) to existing EU legislation, clarifies the rules for the EU digital product passport, and bans or restricts the chemicals products that can be dangerous for children if present in toys.

Children’s safety must always come first. While the EU’s toy safety rules are among the strictest in the world, we must remain vigilant, adapt the rules to emerging risks and ensure that safety standards are met for all toys, whether made in Europe or abroad. The agreed regulation is an example of a modern and balanced legislative approach that shows that the safety of children, the interests of consumers and the competitiveness of the European market can and should be pursued together.

^{Krzysztof Paszyk, Polish Minister for Economic Development and Technology}

Safer toys

The new rules are covering in particular new harmful chemical products. The regulation expands the ban on carcinogenic, mutagenic and toxic for reproduction chemicals (CMRs) to include other hazardous substances like endocrine disruptors. The agreement forbids skin sensitisers and toys treated with biocidal products (except for toys intended to be always kept outdoors). Biocidal products are substances used to control unwanted organisms that are harmful to health or the environment, or that can cause damage to human activities.

The agreement also limits the use of preservatives and prohibits the use of fragrance allergens in toys intended for use by children under the age of three or in other toys intended to be placed in the mouth of children.

The text introduces also a limited ban on the intentional use of PFAS in toys (with exemptions for toy components necessary for electronic or electric functions of the toy where the substance or mixture is fully inaccessible to children). PFAS (per- and polyfluoroalkyl substances) are chemicals used in many products. Some PFAS have been classified as carcinogenic and/or as endocrine disruptors.

The regulation grants the Commission the authority to remove toys from the market if new risks emerge.

Digital product passport

The agreement strengthens the enforcement of toy safety rules, especially for imported toys, by introducing a digital product passport containing safety information that can be scanned by border control authorities using a new IT system. A digital product passport will allow easier access to key information for both consumers and customs and surveillance authorities, without compromising business confidentiality.

Obligations for economic operators

The provisional agreement reached today aligns the obligations of economic operators present in toys value chain – from manufacturers to distributors or sellers (including on-line marketplaces) – with those stemming from new legislative framework and imposed by the EU legislation applicable to toys. Likewise, the digital product passport has been aligned with the eco-design regulation (ESPR), and the warning signs on toys will be clearer and more visible.

Transition periods

Bearing in mind the need to give entrepreneurs time to adapt to the new rules transition, the agreement establishes a period of 4,5 years to enable the industry to implement the new requirements effectively.

Next steps

The provisional agreement reached with the European Parliament now needs to be endorsed and formally adopted by both institutions.

Background

Until now, toy safety has been regulated by Directive 2009/48/EC, which establishes the safety requirements that toys – whether EU-made or imported – must meet to be placed and sold on the EU market.

The new regulation was presented by the Commission in July 2023 in response to the EU Chemicals Strategy for Sustainability, which calls for the strengthening of the protection of consumers and vulnerable groups from the most harmful chemicals. The Council has adopted its position (negotiating mandate) on 15 May 2024.

EU Parliament on Toy safety: deal on new measures to protect children’s health

Aim is to reduce the high number of unsafe toys in the EU, especially those sold online or imported from non-EU countries
Toys should not contain any carcinogenic substances, endocrine disruptors, or PFAS
Digital product passports will help speed up customs checks and improve consumers access to safety information

The agreed draft legislation comes in response to a number of emerging challenges, such as risks relating to digital toys and the surge in online shopping.

On Thursday evening, Parliament and Council negotiators reached a provisional agreement on new EU toy safety rules to enhance the protection of children’s health and development. The deal strengthens the role of economic operators in improving toy safety, and clarifies requirements for safety warnings and the digital product passport (DPP). It expands the list of prohibited substances in toys.

Ban on harmful chemicals

In addition to the existing prohibition of carcinogenic, mutagenic, or reproductive toxic (CRM) substances, the agreed text also bans chemicals that pose particular risks to children, such as endocrine disruptors, substances harmful to the respiratory system, and chemicals that are toxic for the skin and other organs. At Parliament’s insistence, the new rules will ban the intended use of per- and polyfluorinated alkyl substances (PFASs) and the most dangerous types of bisphenols. Allergenic fragrances will be banned in toys intended to be placed in the mouth for children under 36 months.

Safety assessment

Before placing a toy on the market, manufacturers will have to carry out a safety assessment on all potential hazards − chemical, physical, mechanical, and electrical. The assessment will also have to test toys’ flammability, hygiene, and radioactivity, and take children’s specific vulnerabilities into account. For example manufacturers should, where appropriate, ensure that digital toys do not pose risks to children’s mental health − as requested by Parliament negotiators.

Economic operators and online marketplaces

The agreed rules clarify the obligations of economic operators, such as manufacturers, importers, and distributors. This also includes fulfillment service providers (companies responsible for storing, packaging, and dispatching toys). Changes were also introduced to align the agreed text with other legislation, such as the General Product Safety Regulation, the Ecodesign framework and the Digital Services Act.

The text clarifies requirements for online marketplaces, reflecting their growing role in the sale and promotion of toys. For example, marketplaces will have to design their platforms so as to allow sellers to display the CE mark, safety warnings, and a link (such as a QR code) to the digital product passport, to be visible before the purchase is completed.

Digital product passport

All toys sold in the EU will have to bear a clearly visible digital product passport (DPP) showing compliance with the relevant safety rules. The DPP will enhance the traceability of toys and make market surveillance and customs checks simpler and more efficient. It will also offer consumers easy access to safety information and warnings, via a QR code, for example.

Quote

Rapporteur Marion Walsmann (EPP, Germany) said:

Although we already have the safest toys in the world in the European Union, one in five products categorised as dangerous and withdrawn from the market by the EU was a toy. It was therefore very important to revise the 2009 Toy Safety Directive. We are reducing the risks posed by hazardous chemicals in toys and ensuring better labelling, including in online retail. We have also future-proofed the regulation: the Commission will be able to react more quickly to new scientific findings on chemical substances.. The new Toy Safety Regulation sends out a strong signal: for the protection of our children, fair competition and for Europe as a business location.

Next steps

Parliament and the Council have concluded an “early second reading agreement” (the negotiation took place after Parliament’s first reading was adopted in plenary). The Council is now expected to adopt this agreement formally, and Parliament will then have to endorse the text in plenary, in second reading.

The regulation will enter into force 20 days after its publication in the EU Official Journal. Member states will then have 54 months to comply with the provisions.

Further information

EPP Group: Kids deserve safe toys

The EPP Group welcomes the positive outcome of negotiations between the European Parliament and EU Member States on new rules to prevent unsafe toys in the EU single market. The new legislation updates existing rules to protect children from potential risks posed by toys while ensuring the free movement of toys within the internal market.

“With today’s agreement, the EPP Group is sending a strong signal: for children’s safety, consumer protection, and Europe’s attractiveness as a place to do business. We are reducing risks from hazardous chemicals and ensuring clearer labelling requirements, including for online trade,” says Marion Walsmann MEP, the Parliament’s lead negotiator on this file.

Eighty per cent of toys in the EU are imported from China. With the introduction of a digital product passport, manufacturers will be required to provide information on whether toys comply with the new legislation and all other EU legislation applicable to toys.

“The digital product passport will make key information more easily accessible to consumers and authorities. It will also give businesses the certainty that their trade secrets will remain confidential,” Walsmann explains.

The EU’s toy industry provides over 50,000 jobs, most of them in small and medium-sized enterprises. One of the EPP Group’s priorities was to find a balance between children’s safety and placing undue burdens on businesses. To give manufacturers and other economic operators sufficient time to comply, the EPP Group successfully negotiated a transitional period that allows the toy industry to adjust to the new rules without undue pressure.

“Fair transitional periods will give the industry planning certainty and enable the smooth implementation of the new rules,” Walsmann adds.

“Overall, we agreed on a modern toy safety law that serves the interests of all stakeholders and shows that child safety, competitiveness, and consumer protection are not mutually exclusive. On the contrary, they go hand in hand,” Walsmann concludes.

S&Ds hold online marketplaces accountable for selling dangerous toys and secure the protection of kids from toxic chemicals

Today, the European Council, the Commission, and the Parliament reached an agreement on the EU Toys Safety Regulation. This EU law aims to reduce the number of dangerous toys that still find their way into consumers’ hands.

The Socialists and Democrats in the European Parliament contributed in establishing a digital product passport to facilitate traceability, and that toys emitting a sound will not exceed the maximum values set in the directive on minimum health and safety requirements of workers* to avoid damaging children’s hearing. Our group also succeeded in restricting the presence of harmful chemicals in toys.

Brando Benifei, S&D MEP and shadow rapporteur on the Toys Safety Regulation, said:

“With today’s agreement, we are taking a big leap forward in the protection of our children.

“We made it clear that online marketplaces will be also responsible in ensuring that the toys we buy for our children do not pose problems to their mental health or physical integrity. According to the final agreement, online marketplaces will not sell toys considered as dangerous products that pose a clear risk to children, and the adults, that play with them. This was a crucial aspect during the negotiations due to the importance that online marketplaces have in the way we shop.

“Thanks to the Socialists and Democrats, it will be ensured that manufacturers of digitally connected toys, such as watches, tablets or educational robots, will take into account the risk to children’s mental health from the conception of the toy. They must ensure that the products they put on the market not only meet the highest standards of safety, but also those of security and privacy.”

Victor Negrescu, S&D MEP and rapporteur on the Toys Safety Regulation in the ENVI committee, said:

“Every day, children are exposed to harmful chemical substances found in consumer products, including toys, which put their health and development at risk. This is why we are proud to have banned the use of Per- and polyfluoroalkyl substances (PFAS) as well as the most toxic bisphenols in toys. These highly toxic substances are linked to a wide range of health problems, including childhood cancers, autoimmune disorders and reduced cardiovascular and metabolic functionality.

“We also managed to ban the use of allergenic fragrances in toys for children under 36 months.

“Today’s agreement marks a step forward in making children’s health a priority by ensuring that toys made and sold in any member state are safe.”

*Minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents.

Renew Europe: Deal on Toy Safety Regulation is only the first step in protecting Europe’s children

Tonight MEPs and diplomats from the Council found an agreement on an update to the EU’s toy safety directive. The agreement will make toys safer in Europe by raising the level of child protection from harmful substances but not only. Renew Europe pushed for mental health to be integrated into the law.

A new mental health angle

MEP Anna Stürgkh (NEOS/Austria) our lead liberal negotiator in the internal market committee, said : “This agreement brings toy safety into the 21st century. For the first time, we’re not only protecting children from toxic substances, but also recognising the mental health risks of connected toys. Reward mechanisms that pressure kids to perform or tie their self-worth to metrics have no place in healthy play. Europe must lead by example: safe toys must also mean mentally safe toys.”

Real progress on toxic substances

MEP Billy Kelleher (Fianna Fáil/Ireland) who negotiated the file for Renew in the environment committee said: “Tangible progress was made in the negotiations. We have ensured that some of the most toxic substances, such as bisphenols and PFAS, can no longer be used in the manufacturing of toys for Europe’s children. Further work will, however, be needed to align many of Europe’s regulations with relation to chemicals and their use in the economy. The current regulatory regime is fragmented and often contradictory.”