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Document Ares(2022)5210062

Revision of the Toy Safety Directive 2009/48/EC

Factual summary of the online public consultation in support of the revision of the Toy Safety Directive 2009/48/EC

This summary of the contributions received to the Public Consultation (PC) cannot in any circumstance be regarded as the official position of the Commission and its services. Contributions to the PC cannot be interpreted as representative of European or national populations or population subgroups or stakeholder types.


The European Commission launched a Public Consultation (PC) on the proposed revision of the Toy Safety Directive 2009/48/EC (the TSD) on 2 March 2022 for a period of 12 weeks, in accordance with the Better Regulation Guidelines. The PC closed on 25 May 2022.

The consultation sought views of stakeholders on proposals for the revision of the TSD in respect of strengthening the requirements for chemicals, addressing new risks posed by digital aspects in toy as well as the high number of non-compliant and unsafe toys on the Union market. This report provides a factual summary of responses.

2.Overview of respondents

All in all, 196 responses were submitted, the biggest represented group (34%) was of companies and business organisations, but EU citizens (22%), public authorities (16%) and business associations (12%) were also represented. Consumer associations (6%), NGOs (5%), environmental organisations (1.5%) and academic, research institutions (1%) also shared their insights on the topic.

Figure: Respondents by category of their organisation

3.Setting stricter requirements for chemical substances

The participants of the consultation were asked whether they agree or disagree that the EU rules on toy safety should set stricter requirements for chemicals in toys. The sample shows a support for stricter rules with 84 respondents out of 196 (43%) strongly agreeing and an additional 32 (16%) agreeing with setting stricter rules. Those who strongly disagree (17 respondents) amount to 9%.

ØRegulatory approach to harmful chemicals

The respondents were asked how the TSD should handle the different chemical substances that pose health risks. Over 85% of consumer groups and environmental associations would like to see endocrine disruptors (55 out of 61 respondents) or immune system disruptors (50 out of 61) banned preventively. Also over 85% of public authorities would like to see these substances addressed by the TSD (28 and 29 out of 31 respondents for endocrine disruptors and immune system disruptors, respectively). Over 70 % of industry believed that they should only be banned after they have been scientifically assessed as unsafe in toys (64 and 58 out of 89 respondents, respectively).


The participants were asked whether they agree or disagree that the Toy Safety Directive should, by way of exception, allow the presence of chemicals which are subject to generic bans. While a number of respondent think that there should be no derogations to the general bans (35% public authorities -3 strongly agree and 8 agree, out of 31 respondents and 50% of consumer and environmental groups – 26 strongly agree and 5 agree, out 61 respondents), 73% of industry respondents disagreed with this statement (55 strongly disagreed and 11 disagreed, out of 89 respondents). The use of derogations is perceived differently by the participants of the PC depending on the reason behind the given derogation. The biggest support is visible in those cases when the used chemicals are found to be safe for human health for that particular use in toys and there are no alternatives or when the used chemicals are found to be safe for human health (as evaluated by a scientific committee) for that particular use in toys (91% of industry – 62 strongly agree and 19 agree, out of 89 respondents, 68% public authorities – 6 agree and 15 strongly agree, out of 31 - and 39% of consumer and environmental groups - 1 strongly agrees and 23 agree out of 61 respondents).

ØRequirements for toys intended for children under 36 months

Respondents were asked whether the toy safety rules should continue to allow different requirements to be set for chemicals in toys for younger children (under 3 years) compared to older children. Almost half of the respondents (90% industry – 81 out of 89 respondents, 50% public authorities – 15 out of 31 respondents and 48% of consumer/environmental groups – 30 out of 61) (strongly) agree with the statement. When asked whether the toy safety rules should allow new requirements to be set for chemicals in any toy should new scientific knowledge emerge, 92% of consumers/environmental groups (56 out of 61 respondents), 94% (29 respondents out of 31) of public authorities and 68% (61 out of 89 respondents) of industry agreed or strongly agreed.

4.Protecting children from other risks in toys

Consumer and environmental organisations were supporting that the TSD should address privacy breaches (54 respondents out of 61 - 88%), cyber security (55 respondents - 90%) and protection from psychological harm (51 respondents - 83%). Public authorities were slightly less supportive of the TSD handling these aspects (17 out of 31 respondents -54% privacy breaches, 18 respondents - 58% cybersecurity and 17 respondents - 54% for protection from psychological harm). Least of support came from industry respondents (26 out of 89 respondents - 28% for privacy, 25 respondents - 27% for cybersecurity and 27 respondents - 29% for protection from psychological harm).

5.Single Market

ØFactors hampering the application of the TSD

The participants of the public consultation were asked to what extent five different issues hamper the application of the directive. The most problematic issue identified by all different respondent groups was the lack of specific requirements for online sales (43 out of 61 respondents - 70% consumers/environmental groups, 25 out of 31 - 80% of public authorities and 61 out of 89 - 67% of industry). Industry considered to a much smaller extent that the need to transpose the adaptations of the Directive into national law could hamper the effectiveness of the Directive (34 out 89 respondents 37% to a (very) large extent and 24 respondents - 27% to a moderate extent, or chemical values being set in different pieces of legislation (28 respondents - 31% to a (very) large extent and 22 respondents - 24% to a moderate extent). Public authorities and consumer/environmental groups rather referred to other factors such as the fact that conformity assessment is carried out without the intervention of a Notified Body (18 out of 31 - 58% of authorities and 43 out of 61 - 70% of consumer/environmental groups considered this affected the effectiveness of the TSD to a (very) large or to a moderate (6 respondents - 20% for authorities) extent). Similarly, the fact that documentation is provided only upon request affected to a (very) large extent for 58% (18 out of 31) of public authorities and 65% (40 out of 61) of consumer/environment groups and to a moderate extent for an additional 19% of authorities (6 respondents) and 13 % of consumer/environmental groups(8 respondents).

ØThird-party conformity assessment

Participants were asked whether the toy safety rules should extend the obligation of third-party conformity assessment to more toys (EU-type examination). 83% of consumer/environment groups (51 out of 61) and 75% of authorities (23 out of 31) support it while 75% of industry is against (67 out of 89).

ØDigital tools

Participants were asked whether certain information could be made available only digitally, or it should be available also on the product/on paper. Few participants supported to have the following information available only digitally: name and address of the manufacturer (5 responses out of 196 supported that it would be available only digitally), instruction for use (8 responses out of 196), safety information (4 responses) and information on chemical substances (4 responses); there are no significant differences in the different responding groups. For other types of information, industry supports that the EU declaration of conformity (50 out of 89 - 56%) and EU-type examination certificates (48 out of 89 -54%) are enough if published digitally. For the EU declaration of conformity, public authorities agree that it can be provided digitally (11 out of 31 - 35%) or with basic information on paper (19 respondents - 61%). Consumer groups rather support that these documents are either made available on paper (EU declaration of conformity 27 out of 61 - 44% and EU type certificates 19 respondents - 31%) or with basic information on paper and more details provided digitally (EU Declaration of conformity 29 out of 61 - 47% and EU type certificates 30 respondents- 49%).

ØCompliance and enforcement

The respondents were asked whether they would like to see the Toy Safety Directive converted into a Regulation. 167 out of 196 respondents (85%) agree with the conversion without significant differences across respondent groups (74 out of 89 - 82% industry, 25 out of 31 - 80% of public authorities and 54 out of 61- 87% of consumer/environment groups).

When asked about their preferred measures to be included in the Directive to improve compliance and enforcement, the respondents could select multiple replies simultaneously. Public authorities were strongly in favour of a digital passport (30 out of 31- 96%), of converting the Directive into a Regulation (23 respondents- 74%) and of extending third party conformity assessment (21 respondents- 67%). Consumer/environmental groups were strongly in favour of converting the Directive into a Regulation and extending third-party conformity assessment (48 out of 61 - 78% for each response) and also to have a digital passport (36 respondents- 59%). Industry was also in favour of converting the Directive into a Regulation (60 out of 89 respondents - 67%) and of the digital passport (47 respondents - 52%) but to a much smaller degree of extending third party conformity assessment (17 respondents - 19%).