Ensuring the safety of toys in the European Union

SUMMARY OF:

Directive 2009/48/EC on the safety of toys

WHAT IS THE AIM OF THE DIRECTIVE?

It sets out the safety requirements that toys made available in the European Union (EU) must meet. These requirements are designed to provide a high level of health and safety, to protect the public and to guarantee free movement of toys in the EU.
It identifies the particular responsibilities of different operators in the supply chain from manufacturer to importer/retailer/distributor.

KEY POINTS

Toys are products designed or intended, whether exclusively or not, for use in play by children under 14.
Manufacturers, since they have a detailed knowledge of their product, have the responsibility of ensuring their toys meet all the applicable safety requirements.
Importers are required to place on the market only toys from outside the EU that comply with all the applicable safety requirements.
Distributors and retailers must act with due care regarding the applicable safety requirements.
National authorities perform market surveillance.
Toys have to be accompanied by an ‘EU’ declaration of conformity and must bear the CE mark in order to be sold throughout the EU.
The legislation does not apply to the following types of toys (among others):
- playground equipment for public use;
- automatic playing machines intended for public use;
- toy vehicles with combustion engines;
- toy steam engines;
- slings and catapults.
The directive is updated periodically, generally to set safe limits for chemicals used in toys (such as cadmium, barium, nickel, bisphenol A, formaldehyde and lead) in particular with regard to children aged under 3 and in toys intended to be placed in the mouth. Amendments over the past 5 years relate to aspects such as:
- lead, the monomer bisphenol A and the monomer and preservative phenol in 2017;
- chromium VI in 2018;
- aluminium and formaldehyde in 2019;
- the prohibition and labelling of allergenic fragrances in 2020;
- aniline in 2021.
The European Commission and the Expert Group on Toy Safety have published guidance documents to assist manufacturers, importers, distributors and public authorities in the application of the directive.

FROM WHEN DOES THE DIRECTIVE APPLY?

The directive had to be transposed into national law by 20 January 2011. These rules have applied since 20 July 2011.

BACKGROUND

For further information, see:

The Toy Safety Directive 2009/48/EC (European Commission).

MAIN DOCUMENT

Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, pp. 1–37).

Successive amendments to Directive 2009/48/EC have been incorporated in the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Commission Implementing Decision (EU) 2021/1992 of 15 November 2021 on harmonised standards for toys drafted in support of Directive 2009/48/EC of the European Parliament and of the Council (OJ L 405, 16.11.2021, pp. 14–19).

Commission Directive (EU) 2021/903 of 3 June 2021 amending Directive 2009/48/EC of the European Parliament and of the Council as regards specific limit values for aniline in certain toys (OJ L 197, 4.6.2021, pp. 110–113).

Commission Directive (EU) 2020/2088 of 11 December 2020 amending Annex II to Directive 2009/48/EC of the European Parliament and of the Council as regards the labelling of allergenic fragrances in toys (OJ L 423, 15.12.2020, pp. 53–57).

Commission Directive (EU) 2020/2089 of 11 December 2020 amending Annex II to Directive 2009/48/EC of the European Parliament and of the Council as regards the prohibition of allergenic fragrances in toys (OJ L 423, 15.12.2020, pp. 58–61).

Commission Directive (EU) 2019/1929 of 19 November 2019 amending Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council for the purpose of adopting specific limit values for chemicals used in certain toys, as regards formaldehyde (OJ L 299, 20.11.2019, pp. 51–54).

Commission Directive (EU) 2019/1922 of 18 November 2019 amending, for the purposes of adaptation to technical and scientific developments, point 13 of part III of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards aluminium (OJ L 298, 19.11.2019, pp. 5–7).

Commission Directive (EU) 2018/725 of 16 May 2018 amending, for the purpose of adaptation to technical and scientific developments, point 13 of part III of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards chromium VI (OJ L 122, 17.5.2018, pp. 29–31).

Commission Directive (EU) 2017/898 of 24 May 2017 amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards bisphenol A (OJ L 138, 25.5.2017, pp. 128–130).

Commission Directive (EU) 2017/774 of 3 May 2017 amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards phenol (OJ L 115, 4.5.2017, pp. 47–49).

Council Directive (EU) 2017/738 of 27 March 2017 amending, for the purpose of adapting to technical progress, Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards lead (OJ L 110, 27.4.2017, pp. 6–8).

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 (OJ L 353, 31.12.2008, pp. 1–1355).

See consolidated version.

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 (OJ L 396, 30.12.2006, pp. 1-849). Text republished in corrigendum (OJ L 136, 29.5.2007, pp. 3–280).