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Legislation

The Toy Safety Directive 2009/48/EC

The Directive lays down the safety criteria that toys must meet before they can be marketed in the EU. Toys must also comply with any other EU legislation applicable to them.

A consolidated version of the Toy Safety Directive 2009/48/EC in Chinese (790 kB) was prepared by the Commission.

Amendments to the Toy Safety Directive

To adapt the safety requirements on chemicals in toys to the latest technical and scientific developments, the Commission can amend certain parts of the Directive. The following amendments have been made:

  • May 2017: Revision of the specific limit value for the monomer bisphenol A in toys intended for children under 36 months and in other toys intended to be placed in the mouth (Commission Directive (EU) 2017/898)
  • May 2017: Adoption of specific limit values for the monomer and preservative phenol in toys intended for children under 36 months and in other toys intended to be placed in the mouth (Commission Directive (EU) 2017/774)
  • March 2017: Revision of the migration limits for lead (Council Directive (EU) 2017/738)
  • November 2015: Adoption of specific limit values for the preservatives chloromethylisothiazolinone (CMI), methylisothiazolinone (MI) and CMI and MI mixed together in a ratio of 3 to 1 (CMI/MI 3:1) in toys intended for children under 36 months and in other toys intended to be placed in the mouth (Commission Directive (EU) 2015/2117)
  • November 2015: Adoption of a specific limit value for the preservative benzisothiazolinone (BIT) in toys intended for children under 36 months and in other toys intended to be placed in the mouth (Commission Directive (EU) 2015/2116)
  • November 2015: Adoption of a specific limit value for formamide in toys intended for children under 36 months and in other toys intended to be placed in the mouth (Commission Directive (EU) 2015/2115)
  • June 2014: Additional permitted use of the CMR substance nickel (Commission Directive 2014/84/EU)
  • June 2014: Adoption of a specific limit value for the monomer bisphenol A in toys intended for children under 36 months and in other toys intended to be placed in the mouth (Commission Directive 2014/81/EU)
  • June 2014: Adoption of specific limit values for the three flame retardants TCEP, TCPP and TDCP in toys intended for children under 36 months and in other toys intended to be placed in the mouth (Commission Directive 2014/79/EU)
  • July 2013: Revision of the migration limits for barium (Commission Regulation (EU) No 681/2013)
  • March 2012: Revision of the migration limits for cadmium (Commission Directive 2012/7/EU)

A consultation on the possible future revision of migration limits for lead in toys took place in 2012. Several studies were undertaken with the aim of assessing the impacts of the revision of migration limits for lead:

The Expert Group on Toy Safety

The Expert Group on Toy Safety is the setting for cooperation between EU countries, stakeholders and the Commission on toy safety. It assists in the consistent implementation of legislation across the EU and provides advice on the preparation of new legislative proposals and policy initiatives. In particular, the expert group discusses 'grey zone' classification problems and develops guidance material.

Report on the evaluation of the Toy Safety Directive

Every 5 years, EU countries are required to send the Commission a report on the application of the Directive. The report must contain:

  • an evaluation of the situation concerning toy safety and the effectiveness of the Directive
  • a presentation of the market surveillance activities performed by the EU country

The Commission then draws up a summary of the national reports.

See the Commission summary of the Member States' reports of 2014 and its annexes.

Evaluation of directive 2009/48/EC on the safety of toys

An external evaluation of the Toy Safety Directive was requested by the Commission, carried out in 2014 and 2015. It was to assess the Directive's relevance in addressing current needs, its effectiveness and efficiency in meeting its objectives, its coherence with the EU legislative framework relevant for toys, and its EU added value.

See the evaluation report, its executive summary and the key findings.

 

Other EU legislation

Find below a list of all Union legislation that is relevant to the toy industry, apart from the more specific Toy Safety Directive.

DIRECTIVES

  • Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (recast)
  • Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (RoHS)
  • Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives
  • Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits
  • Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators
  • Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility
  • Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment
  • Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste

REGULATIONS

  • Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food
  • Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (recast)
  • Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006
  • Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC
  • Regulation (EC) 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC
  • Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC
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