EU Reached a Provisional Agreement On New EU Toy Safety Regulations

Vol. 1473 | 04 May 2025

EU Reaches Provisional Agreement on New Toy Safety Regulations with Enhanced Chemical Bans and Digital Product Passport

On April 10, 2025, the European Parliament and Council have reached a provisional agreement on new EU toy safety regulations aimed at enhancing the protection of children’s health and development. This initiative addresses emerging challenges, including risks associated with digital toys and the increase in online shopping.

Key Changes

A significant aspect of the new rules is the expansion of the list of prohibited substances in toys. Beyond the existing ban on carcinogenic, mutagenic, or reproductive toxic substances, the legislation now also prohibits chemicals that pose particular risks to children, such as endocrine disruptors, substances harmful to the respiratory system, and chemicals toxic to the skin and other organs. Specifically, the intended use of per- and polyfluorinated alkyl substances (PFASs) and the most dangerous types of bisphenols will be banned. Additionally, allergenic fragrances will be prohibited in toys for children under 36 months and in toys meant to be placed in the mouth. Chemicals regulated under Appendix C of the current Toy safety directive 2009/48/EC which only applies to toys intended for children under 36 months or those intended to be placed in the mouth would be extended to all toys.

Manufacturers will be required to conduct comprehensive safety assessments before placing toys on the market. These assessments must evaluate potential hazards—chemical, physical, mechanical, and electrical—as well as test for flammability, hygiene, and radioactivity. Importantly, the assessments must consider children’s specific vulnerabilities, ensuring, for example, that digital toys do not pose risks to children’s mental health.

Digital Product Passport (DPP) Obligations for Online Sellers

The legislation also clarifies the obligations of economic operators, including manufacturers, importers, distributors, and fulfilment service providers. Online marketplaces will be required to design their platforms to allow sellers to display the CE marking, safety warnings, and a link (such as a QR code) to the digital product passport (DPP) before the purchase is completed.

DDP is a set of data specific to a product that includes the following information:

• Unique product identifier
• Manufacturer and economic operator details
• Object of the passport
• Compliance references, including the harmonised standards and legislation comply with
• Certification details
• CE Marking
• Allergenic fragrance Information
• The communication channel
• A link to the Safety Business Gateway
• Safety information, warning, instruction for use and the image of the toy may be included

All toys sold in the EU will need to bear a clearly visible DPP, demonstrating compliance with relevant safety rules. Consumers shall be able to access the DDP. The DPP will enhance the traceability of toys, simplify market surveillance and customs checks, and provide consumers with easy access to safety information and warnings. In addition, the DDP shall be available for a period of 10 years.

Closing Loopholes 

Consumers can buy non-compliant toys from third-party sellers based outside the EU via internet. The proposed regulation aims to close these loopholes and bring online sales in line with the same safety requirements. Providers of online marketplaces shall make sure toys comply with the relevant requirements.

What’s Next

The provisional agreement now needs to be endorsed and formally approved by both the Council and European Parliament.

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

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