Revision of EU Toy Directive (Directive 2009/48/EC)

Mar 24, 2010

On 30 June 2009 the new EU Toy Safety Directive was published.

  • It substantially amends the old Directive across virtually all safety aspects.
  • It fulfills to the highest level the newest health and safety standards.
  • It improves the existing rules for the marketing of toys that are produced in and imported into the EU to reduce toy related accidents and achieve long-term health benefits.

According to its Better Regulation initiative, the European Commission has also engaged in simplifying the current legislative framework and increasing its quality and efficiency.

Directive 2009/48/EC applies to toys defined as "products designed or intended, whether or not exclusively, for use in play by children under 14 years of age".

It foresees 19 products not to be considered as toys within the meaning of the Directive and 5 toys the Directive does not apply to (for example, toy steam engines, slings…etc.).

This new Directive came into force on 20 July 2009, and will become a legal document in all Member States once it has been implemented into national legislation (by 20 January 2011).

The EU Member States must begin applying the new measures from 20th of July 2011, except for annex II part III (chemical requirements). The new Directive brings in particular more references on chemicals by limiting the amounts of certain chemicals that may be contained in materials used for toys.

Chemicals that are susceptible to provoke cancer, change genetic information or harm reproduction, so-called CMR (Carcinogenic, Mutagenic or toxic for Reproduction) substances, are no longer allowed in accessible parts of toys.

For certain substances like nickel the tolerable limit values have been reduced and those heavy metals which are particularly toxic, like lead or mercury, may no longer be intentionally used in toys.

Allergenic fragrances are either completely forbidden, if they have a strong allergenic potential, or the toy has been labelled to be potentially allergenic for some consumers.

Recognizing that this is a more complicated area, the parts of the Directive relating to chemical content will come into force on 20 July 2013. During this transitional period, part III of annex II of Directive 88/378/EEC will continue to apply.

The Toy Industry of Europe, in collaboration with the Commission, has prepared fact sheets on the new Directive.