Directive 2009/48 - Safety of toys - Main contents

Ensuring the safety of toys in the European Union

SUMMARY OF:

Directive 2009/48/EC on the safety of toys

WHAT IS THE AIM OF THE DIRECTIVE?

It sets out the safety requirements that toys made available in the EU must meet. These requirements are designed to provide a high level of health and safety, to protect the public and the environment and to guarantee free movement of toys in the EU.

It identifies the particular responsibilities of different operators in the supply chain from manufacturer to importer/retailer/distributor.

KEY POINTS

• - 

  Toys are products designed or intended, whether exclusively or not, for use in play by children under 14.
• - 

  Manufacturers, since they have a detailed knowledge of their product, have the responsibility of ensuring their toys meet all the applicable safety requirements.
• - 

  Importers are required to place on the market only toys from outside the EU complying with all the applicable safety requirements.
• - 

  Distributors and retailers must act with due care regarding the applicable safety requirements.
• - 

  National authorities perform market surveillance.
• - 

  Toys have to be accompanied by an ‘EC’ declaration of conformity and must bear the CE mark in order to be sold throughout the EU.
• - 

  The legislation does not apply to the following toys (among others):

  • - 

    playground equipment for public use;
  • - 

    automatic playing machines intended for public use;
  • - 

    toy vehicles with combustion engines;
  • - 

    toy steam engines;
  • - 

    slings and catapults.

• - 

  The directive is updated periodically, generally to set safe limits for chemicals used in toys (such as cadmium, barium, nickel, bisphenol A and lead) in particular with regard to children aged under 3 and in toys intended to be placed in the mouth. The most recent amendments concern:

  • - 

    lead, the monomer bisphenol A and the monomer and preservative phenol in 2017;
  • - 

    chromium IV in 2018.

• - 

  The European Commission and the Expert Group on Toy Safety has published guidance documents to assist manufacturers, importers, distributors, and public authorities in the application of the directive.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has entered into force on 20 July 2009 and had to apply in the EU countries from 20 July 2011 (except for the rules on chemicals, which had to apply from 20 July 2013) .

BACKGROUND

For more information, see:

• - 

  Toy safety in the EU — legislation (European Commission).

MAIN DOCUMENT

Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, pp. 1-37)

Successive amendments to Directive 2009/48/EC have been incorporated in the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Commission Directive (EU) 2018/725 of 16 May 2018 amending, for the purpose of adaptation to technical and scientific developments, point 13 of part III of Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards chromium VI (OJ L 122, 17.5.2018, pp. 29-31)

Commission Directive (EU) 2017/898 of 24 May 2017 amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards bisphenol A (OJ L 138, 25.5.2017, pp. 128-130)

Commission Directive (EU) 2017/774 of 3 May 2017 amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards phenol (OJ L 115, 4.5.2017, pp. 47-49)

Council Directive (EU) 2017/738 of 27 March 2017 amending, for the purpose of adapting to technical progress, Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards lead (OJ L 110, 27.4.2017, pp. 6-8)

Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, pp. 1-1355)

See consolidated version.

Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, pp. 1-849). Text republished in corrigendum (OJ L 136, 29.5.2007, pp. 3–280)

See consolidated version.

last update 20.07.2018

This summary has been adopted from EUR-Lex.