The EU’s proposal for a Toy Safety Regulation is moving closer to formal adoption. In April 2025, the Council of the EU and the European Parliament reached a provisional deal on a regulation that updates and strengthens safety requirements for toys sold in the EU market.

The new regulation is expected to better protect children by banning harmful chemicals, introducing a Digital Product Passport, and increasing oversight of online toy sales.

Background

In July 2023, the European Commission adopted a proposal for a Regulation on the safety of toys, which will replace Directive 2009/48/EC, the current legal basis governing toy safety in the EU.

One of the most significant changes is the shift from directive to regulation. Unlike directives, which require national transposition into domestic law, a regulation is directly applicable and enforceable in all EU member states. This change will ensure uniform implementation and compliance throughout the EU.

The proposed Regulation introduces stricter safety requirements than those currently in force, including:

• Extended bans on hazardous substances: new prohibitions on endocrine disruptors and chemicals that are toxic to a specific organ or affect the immune, neurological or respiratory systems.

• Updated safety requirements: maximum limit values for certain substances have been lowered and the list of substances needing specific labelling requirements has been expanded.

• New labelling requirements: warnings are specifically regulated. Toys must also feature a data carrier (e.g. a QR code) that links to a Digital Product Passport.

• Introduction of a Digital Product Passport: to facilitate traceability, manufacturers must create a product passport before placing a toy on the market. Accessible via a data carrier on the toy, the passport will include information such as the manufacturer’s identity, a list of allergenic fragrances subject to labelling requirements, any substances of concern present in the toy, and other essential data demonstrating compliance with applicable regulations. The Digital Product Passport is intended to replace the traditional EU Declaration of Conformity.

Who will be impacted?

All economic operators in the toy industry will need to adapt to the new rules. The proposed regulation allocates the obligations to economic actors along the value chain (e.g. manufacturers, importers and distributors).

Online marketplaces must also pay attention to the new regulation, since it also contains rules for the online sale of toys.

What’s next?

The provisional agreement now requires formal endorsement and adoption by both the European Parliament and the Council. Once adopted, the regulation will enter into force and become directly applicable in all EU member states requiring businesses in the toy sector to comply with the new rules following a 30-month transition period.

Cristina Popescu, Partner CMS Cameron McKenna Nabarro Olswang LLP SCP
Carmen Turcu, Associate CMS Cameron McKenna Nabarro Olswang LLP SCP