EU Toy Safety Regulation: An Essential Guide

The new EU Toy Safety Regulation will replace the Toy Safety Directive, resulting in significant changes to documentation and labelling requirements for toys. In this guide, we take a closer look at the harmonised standards, digital product passport requirements, labelling, technical documentation, and other aspects of the Toy Safety Regulation.

Note that this article is based on the draft published in February 2025.

Which products are covered by the Toy Safety Regulation?

The EU Toy Safety Regulation covers toys, which are defined as products for use in play by children under 14 years of age. Here are some examples of covered products:

• Wooden toys
• Dolls
• Stuffed toys
• Toy cars
• Board games for children
• Colouring books for children
• Puzzles for children
• Children’s books with play features
• Educational toys for children

Who is responsible for ensuring compliance?

Manufacturers are responsible for ensuring that toys sold in the European Union are compliant with the Toy Safety Regulation. Note that the manufacturer, in this context, is not exclusively referring to the factory making the toy, but also companies ordering toys from contract manufacturers.

This is the definition of a manufacturer in the regulation:

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‘Manufacturer’ means any natural or legal person who manufactures a toy or has a toy designed or manufactured, and markets that toy under that person’s name or trademark;

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As such, a manufacturer could be any of the following:

1. The factory making the toy

2. The company that designed the toy and ordered its production

3. The company that applied its logo and sells a toy under its own brand

For example, an EU-based importer buying branded toys from a toy factory in China is therefore likely to be the manufacturer, even if they do not have any part in the actual production.

Harmonised standards

The Toy Safety Regulation requires that toys sold in the EU are compliant with applicable harmonised standards. The following standards are currently listed as harmonised standards for toys:

EN 71-1: Safety of toys – Part 1: Mechanical and physical properties

EN 71-2: Safety of toys – Part 2: Flammability

EN 71-3: Safety of toys – Part 3: Migration of certain elements

EN 71-4: Safety of toys – Part 4: Experimental sets for chemistry and related activities

EN 71-5: Safety of toys – Part 5: Chemical toys (sets) other than experimental sets

EN 71-7: Safety of toys – Part 7: Finger paints – Requirements and test methods

EN 71-8: Safety of toys – Part 8: Activity toys for domestic use

EN 71-12: Safety of toys – Part 12: N-Nitrosamines and N-nitrosatable substances

EN 71-13: Safety of toys – Part 13: Olfactory board games, cosmetic kits and gustative games

EN 71-14: Safety of toys – Part 14: Trampolines for domestic use

EN 62115: Electric toys – Safety

The first three are applied to most toys, while the others are applicable to specific types of toys.

Further, it should be noted that the list above is based on the EN 71 parts harmonised under the Toy Safety Directive, not the new regulation. That being said, we have not found any source stating that the new Toy Safety Regulation will replace the existing EN 71 parts. That said, older versions of EN 71 parts will likely be replaced by newer versions in the future.

Digital Product Passport

The implementation of the Digital Product Passport is likely the most significant change introduced by the Toy Safety Regulation. It also replaces the existing Declaration of Conformity.

In short, the manufacturer is responsible for creating a Digital Product Passport for each toy product model. As part of this process, the manufacturer must also upload the unique product identifier and the unique operator identifier of the toy in the digital product passport registry.

Data carrier

The toy itself must bear a data carrier, which is defined in the ESPR:

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‘data carrier’ means a linear barcode symbol, a two-dimensional symbol or other automatic identification data capture medium that can be read by a device;

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It is likely that this refers to a QR code which can be scanned and resulting in a redirect to the Digital Product Passport.

The Digital Product Passport itself must contain the information listed in Annex VI:

Part I – Information to be included in the digital product passport

• Unique product identifier of the toy
• Manufacturer name and address, and their unique operator identifier
• Authorised representative information (if any)
• Toy product name and details
• Toy commodity code
• List of applied harmonised standards (i.e., EN 71-1, 2 and 3)
• List of all EU regulations and directives that the toy complies with
• Notified body information (if any)
• CE mark
• List of allergenic fragrances (if any)
• Communication channel
• Radio equipment information (if any)
• Safety Business Gateway link

Part II – Information that may be included in the digital product passport

• Safety information and warnings
• Instructions for use
• Image or drawing of the toy

In many ways, the Digital Product Passport resembles an online version of a Declaration of Conformity.

Other information

You can find more information about Digital Product Passport requirements in the following articles:

• Article 7: Obligations of manufacturers
• Article 17: Digital product passport
• Article 18: Technical design and operation of the digital product passport
• Article 19: Digital product passport registry
• Article 20: Customs controls relating to the digital product passport

Technical documentation

The manufacturer is also responsible for creating and maintaining technical documentation. The required documents and information are listed in Annex V:

1. A detailed description of the design and manufacture

• List of components and materials
• Safety data sheets on substances and mixtures used

2. The safety assessment(s) carried out in accordance with Article 21

3. A description of the conformity assessment procedure followed

4. The addresses of the places of manufacture and storage

5. Documents submitted to a notified body (if any)

6. Test reports and description of the means whereby the manufacturer ensured conformity of production with the harmonised standards

7. A copy of the EU-type examination certificate and related information (if a notified body was involved)

Labelling requirements

Article 7, which lists manufacturer obligations, mentions the following labelling requirements for toys:

1. Data carrier linked to the Digital Product Passport

2. CE mark

3. Type, batch, serial or model number

4. Manufacturer name or registered trademark

5. Postal or electronic address

Warnings

Some toys also require warning symbols and texts which can be affixed on the toy, its packaging or documentation. Here are some examples listed in Annex III:

General warning symbol

This symbol must be accompanied by a warning text.

Toys not intended for use by children under 36 months

This symbol must be accompanied by a specific hazard description, such as small parts and choking hazards.

Other warnings

Additional products subject to specific warnings are listed in Annex III.

Important information

The Toy Safety Regulation is clear in that you cannot use warnings that conflict with the intended use of the toy. Further, warnings are not a substitute for compliance with the requirements of the Toy Safety Regulation and harmonised standards. All toys must be fundamentally safe.

Lab testing

The Toy Safety Regulation mandates that toys must comply with relevant harmonised standards, such as EN 71-1 and EN 71-3. Third-party lab testing is normally required to verify compliance with said standards.

Further, the technical documentation must also include test reports.

Here are some companies offering testing solutions for toys sold in the European Union:

• TUV Rheinland
• QIMA
• Intertek
• SGS
• Bureau Veritas
• Eurofins

FAQ

When will the Toy Safety Regulation apply?

The current draft does not provide an exact date for when the Toy Safety Regulation becomes applicable.

Will the Toy Safety Regulation replace the Toy Safety Directive?

Yes, the Toy Safety Directive will be repealed 30 months after the new Toy Safety Regulation enters into force.

How does the Toy Safety Regulation differ from the Toy Safety Directive?

By and large, the Toy Safety Directive is very similar to the new Toy Safety Regulation. The main difference that we have identified is the requirements concerning the Digital Product Passport, which replaces the Declaration of Conformity.

Further, labelling requirements also differ to some extent.

Will the Digital Product Passport replace the Declaration of Conformity?

Yes, the Digital Product Passport replaces the Declaration of Conformity for toys sold in the EU.

Does the Toy Safety Regulation require the involvement of a notified body?

Yes, but only if there are no harmonised standards for the toy or if you have, for some reason, not applied the harmonised standards. The exact conditions can be found in Article 22.