How to Create an EU Declaration of Conformity for Toys

This guide explains how to create an EU Declaration of Conformity in accordance with Annex III of the Toy Safety Directive. We explain what to include under each of the 7 points of the document, and address common questions.

1. No … (unique identification of the toy(s))

In most cases, a Declaration of Conformity is created for each individual toy model being sold in the European Union. This first point must provide adequate information that enables the identification of the toy or toys being covered by the Declaration of Conformity.

Here are examples in information that can be included:

• Product name
• Model number or SKU
• Batch number format or serial number format

The subheading mentions toys in plural, which indicates that more than one toy could, at least in some circumstances, be covered by the same Declaration of Conformity.

That said, this is likely limited to different colors or other variations of the same model, as the rest of the information in the document must apply.

2. Name and address of the manufacturer or his authorised representative:

The following manufacturer information must be specified:

• Manufacturer company name
• Manufacturer address

Notice that the manufacturer in this case is not only referring to the factory that made the toy. Instead, it also extends to importers and other companies ordering custom-designed or branded toys from OEM manufacturers.

For example, if you contract production to a toy factory in Vietnam, either based on your design or with your branding, then you are likely the manufacturer.

3. This declaration of conformity is issued under the sole responsibility of the manufacturer:

This is a statement

4. Object of the declaration (identification of toy allowing traceability). It shall include a colour image of sufficient clarity to enable the identification of the toy.

Here you can include product images showing the toy. If it consists of different parts or comes in different colours or other variations, then these should also be included.

Example

5. The object of the declaration described in point 4 is in conformity with the relevant Community harmonisation legislation:

In this section, you must list the EU regulations or directives that the toy is compliant with. This must include the Toy Safety Directive. However, toys can also be subject to other regulations – especially electronic toys.

Example

Toy Safety Directive 2009/48/EC

6. References to the relevant harmonised standards used, or references to the specifications in relation to which conformity is declared:

In this section, you must specify the harmonised standards that your toy is compliant with. This normally includes all the EN 71 parts to which the product is designed to comply. Further, compliance with listed standards must be supported by lab test reports.

Example

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

7. Where applicable: the notified body … (name, number) … performed … (description of intervention) … and issued the certificate:

Involving a notified body is mandatory if you do not follow standards that are harmonised under the Toy Safety Directive. As such, this point is only relevant when you apply other methods to ensure the safety of your toy.

In short, a notified body must assess your toy and its documentation before it can be sold. When this is the case, the following information must be included:

• Notified body name
• Notified body number
• Description of intervention
• Certificate number

8. Additional information:

Finally, you must also print and sign the Declaration of Conformity:

• Signed for and on behalf of:
• (place and date of issue)
• (name, function)(signature)

The Declaration of Conformity must be maintained for 10 years after you have stopped selling this particular toy product.

FAQ

Is it mandatory to create a Declaration of Conformity for each toy?

Yes, you need to create a Declaration of Conformity for each toy. This doesn’t necessarily mean that you need a unique Declaration of Conformity for each individual colour or other variation. But the document as a whole must be valid for the variations the Declaration of Conformity is meant to cover.

What is the required Declaration of Conformity format for toys?

The standard Declaration of Conformity format is provided in Annex III of the Toy Safety Directive. This is also the format used in this guide.

Who is responsible for creating a Declaration of Conformity for toys?

The manufacturer is responsible for creating the Declaration of Conformity. That said, companies that have toys manufactured according to their design or with their brand are also generally deemed to be manufacturers.

Do toy importers need to create a Declaration of Conformity?

No, importers do not create a Declaration of Conformity but must obtain a Declaration of Conformity from the manufacturer.

Will the Digital Product Passport replace the DoC for toys?

Yes, the new Toy Safety Regulation mandates that the Declaration of Conformity will be replaced with a Digital Product Passport.