Members' Research Service By / November 21, 2023

Toy safety regulation [EU Legislation in Progress]

On 28 July 2023, the Commission adopted a proposal for a regulation on the safety of toys, repealing Directive 2009/48/EC.

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Written by Clément Evroux (1st edition).

On 28 July 2023, the European Commission adopted a proposal to revise EU toy safety legislation with a new regulation and repealing Directive 2009/48/EC. The proposal pursues two main objectives: a) achieving a higher level of child protection, including from the most harmful substances; and b) reducing the number of non-compliant and unsafe toys on the EU market. In relation to the first objective, the proposal extends the definition of health to children’s psychological and mental health and to their wellbeing and cognitive development. It also extends the current ban on substances classified as carcinogenic, mutagenic and toxic for reproduction to include endocrine disruptors, as well as chemicals that are toxic to a specific organ or affect the immune, neurological or respiratory system. The proposal’s second objective provides for the creation of a digital product passport to facilitate traceability.

In the European Parliament, the file was referred to the Committee on Internal Market and Consumer Protection (IMCO). The working party on technical harmonisation in the Council of the European Union, has begun its examination of the proposal.


Proposal for a regulation of the European Parliament and of the Council on the safety of toys and repealing Directive 2009/48/EC
Committee responsible:Internal Market and Consumer Protection
COM(2023) 462
Rapporteur:Marion Walsmann (EPP, Germany)2023/0290(COD)
Shadow rapporteurs:Brando Benifei (S&D, Italy)
Vlad-Maruis Botoş (Renew, Romania)
Katrin Langensiepen (Greens/EFA, Germany)
Beata Mazurek (ECR, Poland)
Alessandra Basso (ID, Italy)
Ordinary legislative
procedure (COD)
(Parliament and Council
on equal footing –
formerly ‘co-decision’)
Next steps expected: Adoption of the draft report

Stage: draft report

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