Toys contribute to child development and play is an essential part of growing up. However, toys have to be safe for children to play with. Ensuring that toys marketed in the EU do not put children at risk is a priority. EU legislation aims to ensure that toys meet safety requirements that are amongst the strictest in the world, especially in relation to the use of chemicals in toys.
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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.
The Commission prepared a consolidated version of the Toy Safety Directive 2009/48/EC in Chinese (790 kB).
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
- June 2021: Adoption of specific limit values for aniline in certain toys (Commission Directive (EU) 2021/903)
- December 2020: Amendment to Annex II as concerns the labelling of allergenic fragrances in toys (Commission Directive (EU) 2020/2088)
- December 2020: Amendment to Annex II as concerns the prohibition of allergenic fragrances in toys (Commission Directive (EU) 2020/2089)
- November 2019: Adoption of specific limit values for the monomer and preservative formaldehyde in toys intended for children under 36 months and in other toys intended to be placed in the mouth (Commission Directive (EU) 2019/1929)
- November 2019: Revision of the migration limits for aluminium (Commission Directive (EU) 2019/1922)
- May 2018: Revision of of the specific limit value for chromium VI (Commission Directive (EU) 2018/725)
- 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
- Impact of new lead migration limits on the competitiveness of European manufacturers (917 kB)
- Impact assessment study on the health costs due to children’s exposure to lead via toys and on the benefits resulting from reducing such exposure (1 MB)
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 application 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 EU countries’ reports of 2019 and its annexes.
See the Commission summary of the EU countries’ reports of 2014 and its annexes.
Evaluations 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.
An internal evaluation of the Toy Safety Directive was carried out in 2018 and finalised in 2020. It assesses the functioning of the Directive since its entry into force according to the five criteria: relevance, effectiveness, efficiency, coherence and EU added value. See the Better Regulation Portal’s page on the evaluation, the staff working document on the evaluation of the Toy Safety Directive and its executive summary.
Revision of Directive 2009/48/EC on the safety of toys
On 5 October 2021, the Commission published an inception impact assessment on the revision of the Toy Safety Directive. The deadline for comments was 2 November 2021.
On 2 March 2022, the Commission launched a public consultation on the revision of the Toy Safety Directive. The deadline for comments is 25 May 2022.
Source: European Commission