The regulations and directives on toys in the European Union (EU) are designed to ensure the safety of toys sold within the EU market. The aim is to protect children’s health and safety and prevent the sale of potentially dangerous toys. Here are some critical aspects of the different EU legislations regulating toys:
- The Toy Safety Directive: The primary legislation governing toy safety in the EU is the Toy Safety Directive (2009/48/EC). This directive outlines the essential safety requirements that toys must meet before being placed on the EU market. It covers many safety aspects, including physical, mechanical, chemical, electrical, and flammability risks. To adapt the safety requirements on chemicals in toys to the latest technical and scientific developments, the Commission can amend certain parts of the Directive. The Directive is currently updated and will be changed to a Regulation. This means that all EU member states have to implement the Regulation as it is and cannot make adaptions on national level.
- CE Marking: Toys that comply with the Toy Safety Directive must bear the CE marking, which only indicates that the product complies with EU safety requirements. Manufacturers are responsible for ensuring that their toys are compliant and can use the CE marking to demonstrate this. However, the CE mark is not a sustainability label and is not verified by a third party.
- Risk Assessment: Manufacturers must conduct a risk assessment for their toys, considering potential hazards and risks the product may pose to children. This assessment helps determine the appropriate safety measures and testing requirements.
- Safety Standards: There are specific safety standards for various types of toys, which manufacturers are encouraged to follow. These standards are developed by European and international standards organizations and are used as guidance to ensure toy safety.
- Chemical Safety: Compared to the former Directive 88/378/EEC, the Toy Safety Directive 2009/48/EC sets stricter chemical requirements. Hazardous substances, such as lead, phthalates, and certain allergenic fragrances, are restricted or prohibited in toys. Chemical substances capable of causing cancer, altering genetic information, harming fertility or the unborn child (so-called CMR substances) are no longer allowed in accessible parts of toys above the concentration limits set out in the Regulation on the classification, labelling and packaging of substances and mixtures; 19 heavy metals such as mercury and cadmium are no longer allowed in child-accessible parts of toys above the limits laid down in the Toy Safety Directive 2009/48/EC; 55 allergenic flavourings are banned. However, some of them and 11 others may be used in certain toys provided they are indicated on the label and meet additional requirements.
- Choking Hazards: Small parts in toys that can pose a choking hazard for children under three years of age are subject to specific regulations. Warning labels and age-appropriate warnings are required.
- Warnings and Instructions: Toys must come with clear and understandable warnings and instructions for safe use. This is especially important for toys with specific age restrictions or potential hazards.
- Supervision and Verification: Authorities in EU member states enforce toy safety regulations and ensure that only safe toys are available in the market. They conduct regular checks and inspections to verify compliance. However, there are not enough checks to make sure no dangerous toys are on the market.
- Importers and Distributors: Importers and distributors are also subject to responsibilities under these regulations. They must ensure that the toys they place on the market comply with safety requirements and are labelled appropriately.
- Recall and Traceability: In case a safety issue arises, manufacturers, importers, and distributors must have mechanisms in place for product recalls, and they must be able to trace the origin of the toys to address any safety concerns.
Manufacturers, importers, and distributors must stay informed about the latest regulations and standards in the EU, as these requirements may change over time to address emerging safety concerns. Compliance with these regulations is crucial to ensure the safety of children and avoid legal consequences for non-compliance.

More information:
Website of the EU Commission on the EU Legislation on Toys Safety Legislation:
https://single-market-economy.ec.europa.eu/publications/proposal-regulation-safety-toys_en
Press Release of EU Commission (15.5.24): Toy safety: Council adopts position on updated rules
EU Council Mandate for negotiations with the European Parliament (16.5.24): https://data.consilium.europa.eu/doc/document/ST-9740-2024-REV-1/en/pdf
Amendments to the proposal by the EU Parliament, to be decided at the EP plenary vote:
https://www.europarl.europa.eu/doceo/document/ENVI-AM-756014_EN.pdf
https://www.europarl.europa.eu/doceo/document/ENVI-AM-756015_EN.pdf
EU Commission Public Consultation on the Revision of the Toy Safety Directive:
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13164-Protecting-children-from-unsafe-toys-and-strengthening-the-Single-Market-revision-of-the-Toy-Safety-Directive/F_en
Preventable yet everywhere: harmful chemicals found in all kinds of consumer products underline the need for stricter EU regulation – https://www.beuc.eu/press-releases/preventable-yet-everywhere-harmful-chemicals-found-all-kinds-consumer-products
A review of European and international phthalates regulation: focus on daily use products – https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9594424/
Phthalate Regulations in the European Union: An Overview – https://www.compliancegate.com/phthalate-regulations-european-union/
No more harmful chemicals in toys: an EU regulation to better uphold children’s rights – https://home.crin.org/readlistenwatch/stories/no-harmful-chemicals-in-toys