Tech Watch: New European initiative on Toy Safety Directive
On 5 October 2021, the European Commission launched the following initiative regarding the Toy Safety Directive:
The aim of this initiative is to better protect children against risks in toys, particularly from chemicals. However, the Commission’s evaluation of the Toy Safety Directive identified other shortcomings, such as:
- Weak market surveillance;
- The transposition into national law by EU member states of the regular amendments of the Toy Safety Directive for chemical requirements was not always satisfactory;
- The emergence of new risks in toys that have not been adequately addressed by the Directive, such as risks relating to personal data and privacy protection from internet-connected toys, such as dolls or robots that ‘communicate’ with children.
With this initiative, the Commission will assess measures to improve the safety rules for toys, in particular relating to chemicals, such as:
- Extending the general risk-assessment approach in other hazardous substances such as endocrine disruptors or substances that are persistent and bioaccumulative;
- Revising the derogations of the general prohibition of CMRs;
- Integrating into the Directive limit values for chemicals currently set out in other legislation and unifying the way such limits are expressed;
- Allowing the setting of chemical limit values for any toys (not only for those aimed at children under 36 months);
- Establishing positive lists for certain substances such as colourants or preservatives;
- Setting out requirements for the labelling of the chemical composition of toys, including via digital labelling;
- The need to address new risks in internet-connected toys or toys using artificial intelligence.
To improve the compliance and enforcement of toy safety rules, the Commission will assess possible measures such as:
- A digital product passport containing manufacturer compliance documentation on a toy which could serve or replace, the current EU declaration of conformity.
- Setting up a fast-track mechanism to address sudden emerging risks while preserving the integrity of the single market.
- Converting the Directive into a Regulation, to ensure the timely and simultaneous application of the toy safety rules in all EU member states.
- Improving reporting obligations by EU member states on unsafe toys and the application of the toy safety rules, and identifying indicators and the related data needed for future monitoring and evaluation.
For more information, consult the initiative on the European Commission website here.
