EU toys must have digital product passports in major push for children’s safety

MEPs will push for new rules that will reduce the number of unsafe toys sold in the EU and protect children better from toy-related risks.

A unanimous vote in the Internal Market and Consumer Protection Committee approved a position to update EU rules on toy safety, by turning the current directive into a regulation.

Despite the EU market being among the safest in the world, dangerous toys still find their way into consumers’ hands. According to the EU Safety Gate – the EU rapid alert system for dangerous consumer products – toys were the most notified product category, accounting for 23% of all notifications in 2022 and 20% in 2021.

To improve child health protection, the regulation will continue to prohibit carcinogenic and mutagenic substances or substances toxic for reproduction (CRM), and additionally ban chemicals harmful to the endocrine or the respiratory system, and toxic to specific organs.

Manufacturers will have to create digital product passports for each toy, which detail how it complies with the relevant rules. This will enhance market surveillance and strengthen customs inspections at borders. Consumers should also have easy access to safety information, for example via a QR code. It will be the European Commission to support and guide SME toy manufacturers in performing safety assessments and fulfilling the product passport requirements.

Digital toys with AI will also have to comply with the Artificial Intelligence Act, which classifies them as high-risk, and subjects them to third-party assessments, risk management, transparency, and human oversight.

Under EU Cybersecurity rules, internet connected toys that have social interactive features such as speaking or filming, may also require a third-party conformity assessment. The safety assessment will have to consider health risks, and when appropriate mental health, to ensure the highest standards for children's well-being.

Toys must also comply with the recently updated General Product Safety rules, for example, when it comes to online sales, accident reporting, consumers’ right to information and remedy.

“The health of our children is paramount. There is no place in a child's room for unsafe toys. The updated text protects children more effectively from harmful chemicals in toys, reduces administrative burdens and bolsters the detection of unsafe toys, especially from outside the EU. This ensures fair competition for EU toy manufacturers, most of whom are SMEs, and provides them with additional support,” said lead German MEP Marion Walsmann (EPP).

The draft report will now be put to a vote at an upcoming plenary session and will constitute Parliament’s position at first reading.