Brussels: Europe and the Arabs
The European Commission in Brussels on Friday morning welcomed the provisional political agreement between the European Parliament and the Council on new toy safety rules, based on the Commission's proposal for a Toy Safety Regulation effective July 28, 2023.
According to a European statement we received, the new regulation prohibits the use of harmful chemicals, such as PFAS, endocrine disruptors, and bisphenol A (BPA), in toys. All toys will carry a digital product passport to prevent unsafe toys, whether sold online or in stores, from entering the EU. The regulation sets stricter rules on online sales and gives inspectors broader powers to withdraw dangerous toys from the market. This ensures that imported toys are just as safe for consumers as toys manufactured in the EU.
New Requirements
Building on existing rules, the new Toy Safety Regulation will update the safety requirements that toys must meet to be marketed in the EU, whether manufactured in the EU or elsewhere. More specifically, today's agreement will achieve the following:
Better protection from harmful chemicals: In addition to already prohibited substances, the new regulation will prohibit the use of chemicals that affect the endocrine system (endocrine disruptors) or the respiratory system, and those that may cause skin allergies or toxicity to a specific organ. It will also prohibit the use of hazardous bisphenol A and perfluoroalkyl substances (PFAS) in toys.
Better use of digital tools: Under the new regulation, all toys will be required to have a digital product passport, in the form of a data carrier, such as a QR code, on the toy. Consumers or authorities will be able to easily view product information, compliance with standards, and other information. Importers will be required to provide digital product passports at EU borders, including toys sold online. A new IT system will conduct a thorough check of all digital product passports at the EU's external borders and identify shipments requiring enhanced customs checks. Game inspections by national inspectors will be facilitated, as information will be readily available in the digital product passport. This will streamline proceedings against unsafe games in the EU and ensure that all game manufacturers can compete on an equal footing. According to a Commission statement, "The political agreement is now subject to formal approval by the European Parliament and the Council. It will enter into force 20 days after its publication in the Official Journal. The regulation provides for a transition period for industry and authorities to adapt to the new rules.
Directive 2009/48/EC on Toy Safety sets out the safety requirements that toys must meet to be listed in the EU, regardless of whether they are manufactured in the EU or in third countries. This facilitates the free movement of toys within the Single Market.
However, after evaluating the Directive, the Commission identified several weaknesses in its practical application since its adoption in 2009. In particular, there is a need for a higher level of protection against potential hazards in toys, specifically against the risks posed by harmful chemicals. The evaluation also concluded that the Directive needs to be implemented more efficiently, particularly with regard to online sales. As a result, the Commission submitted a proposal for a Toy Safety Regulation on July 28, 2023.