Changes from plenary report to adopted text

Added2. Before making a toy available on the market, distributors shall verify that the following conditions have been met:

Added(a) the toy is accompanied by instructions for use and safety information in a language or languages which can be easily understood by consumers or other end-users as determined by the Member State in which the toy is to be made available on the market; [Am. 108]

Added(b) the toy bears a data carrier in accordance with Article 17(5) and the CE marking in accordance with Article 16 and

Added(c) the manufacturer and the importer have complied with the requirements set out in Article 7(2), second subparagraph, Article 7(5), (6) and (11) and Article 9(3) respectively.

AddedWhere distributors consider, or have reason to believe, on the basis of the information in that distributor´s possession, that a toy is not in conformity with the essential safety requirements, they shall not makeinform the manufacturer and refrain from making the toy available on the market until it has been brought into conformity by the manufacturer. [Am. 109]

AddedWhere distributors consider, or have reason to believe, on the basis of the information in that distributor´s possession, that the toy presents a risk, they shall immediately provide information thereof to: [Am. 110]

Added(a) the manufacturer or the importer;

Added(b) the market surveillance authorities through the Safety Business Gateway referred to in Article 26 of Regulation (EU) 2023/988;

Added(c) consumers or other end-users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988, or both. [Am. 111]

Added3. Distributors shall ensure that, while a toy is under their responsibility, storage or transport conditions do not jeopardise its compliance with the essential safety requirement.

Added4. Where distributors consider, or have reason to believe, on the basis of the information in that distributor´s possession, that a toy which they have made available on the market is not in conformity with this Regulation, they shall ensure that the corrective measures necessary to bring that toy into conformity, to withdraw it or recall it, if appropriate, are immediately taken. [Am. 112]

AddedWhere distributors consider, or have reason to believe, that a toy that they have made available on the market presents a risk, they shall immediately inform the manufacturer or the importer, as applicable and the market surveillance authorities of the Member States in which they made the toy available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken and inform consumers or other end-users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988, or both. [Am. 113]

Added5. Distributors shall, further to a reasoned request from a competent national authority, provide it, with all the information and documentation necessary to demonstrate the conformity of the toy, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, as regards any action taken to eliminate the risks posed by toys which they have made available on the market.

AddedArticle 11 Cases in which obligations of manufacturers apply to importers and distributors other persons [Am. 114]

AddedAn importer or a distributorA natural or legal person shall be considered a manufacturer for the purposes of this Regulation, and shall be subject to the obligations of the manufacturer under Article 7, where such importer or distributora natural or legal person places a toy on the market under its name or trademark or modifies a toy already placed on the market in such a way that compliance with the applicable requirements of this Regulation may be affected. [Am. 115]

AddedArticle 12 Identification of economic operators

Added1. Economic operators shall, on request, identify the following to the market surveillance authorities:

Added(a) any economic operator who has supplied them with a toy;

Added(b) any economic operator to whom they have supplied a toy.

Added2. Economic operators shall be able to present the information referred to in the paragraph 1 for a period of 10 years after the toy has been placed on the market, in the case of the manufacturer, and for a period of 10 years after they have been supplied with the toy, in the case of other economic operators.

AddedCHAPTER IIA OBLIGATIONS OF ONLINE MARKETPLACES

AddedArticle 12a

AddedFor the purposes of this Regulation, providers of online marketplaces shall comply with the requirements set out in Article 22 of Regulation (EU) 2023/988. [Am. 116]

AddedCHAPTER III CONFORMITY OF TOYS

AddedArticle 13 Presumption of conformity of toys [Am. 117]

AddedToys which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the essential safety requirements to the extent that those requirements are covered by those standards or parts thereof.

AddedArticle 14 Common specifications

Added1. Toys which are in conformity with the common specifications referred to in paragraph 2 of this Article or parts thereof shall be presumed to be in conformity with the essential safety requirements to the extent that those requirements are covered by those common specifications or parts thereof.

Added2. The Commission may, by means of implementing actsdelegated acts supplementing this Regulation, establish common specifications for the essential safety requirements only where the following conditions are fulfilled: [Am. 118]

Added(a) there is no harmonised standard covering the Commission has requested, pursuant to Article 10(1) of Regulation (EU) No 1025/2012, one or more European standardisation organisations to draft or revise European standards for those requirements the reference of which is published in the Official Journal of the European Union or the standard does not satisfy the requirements it aims to cover;and:

Added(i) the request has not been accepted; or

Added(ii) the harmonised standards addressing that request are not delivered within the deadline set in accordance with Article 10(1) of Regulation (EU) No 1025/2012; or

Added(iii) the harmonised standards do not comply with the request; and [Am. 119]

Added(b) the Commission has requested, pursuant to Article 10(1) of Regulation 1025/2012, one or more European standardisation organisations to draft or to revise Europeanno reference to harmonised standards for thosecovering the product requirements and eitherhas been published in the Official Journal of the following conditions is fulfilled:European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period. [Am. 120]

Added(1) the request has not been accepted by any of the European standardisation organisations to which the request was addressed; [Am. 121]

Added(2) the request has been accepted by at least one of the European standardisation organisations to which the request was addressed, but the European standards requested:

Added(a) have not been adopted within the deadline set in the request;

Added(b) do not comply with the request; or

Added(c) do not satisfy the requirements they aim to cover. [Am. 122]

AddedThose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 50(3). [Am. 123]

Added2a. When preparing the delegated act referred to in paragraph 2, the Commission shall take into account the views of the relevant bodies and expert groups. [Am. 124]

Added3. When references of a harmonised standard are published in the Official Journal of the European Union, the Commission shall assess whether the implementingdelegated acts referred to in paragraph 2 of this Article which cover the same essential safety requirement need to be repealed or amended. [Am. 125]

AddedArticle 15 General principles of the CE marking

AddedToys made available on the market shall bear the CE marking.

AddedThe CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.

AddedArticle 16 Rules and conditions for affixing the CE marking

Added1. The CE marking shall be affixed visibly, legibly and indelibly to the toy, to a label attached to the toy or to the packaging of the toy.

AddedBy way of derogation from the first subparagraph, in the case of small toys and toys consisting of small parts, the CE marking may be affixed to a leaflet accompanying the toy.

AddedBy way of derogation from the first subparagraph, in the case of toys sold in counter displays where it is not technically possible to affix the CE marking to each individual toy, the CE marking may be affixed to the counter display on the condition that the counter display was originally used as packaging for the toy.

AddedWhere the CE marking affixed to the toy is not visible from outside the packaging, it shall also be affixed to the packaging.

Added2. The CE marking shall be affixed before the toy is placed on the market.

Added3. The CE marking shall, where applicable in accordance with Article 6, be followed by a pictogram or any other warning indicating a special risk or use.

Added4. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking.

AddedCHAPTER IV DIGITAL PRODUCT PASSPORT [Am. 126]

AddedArticle 17 Digital Product passport [Am. 127]

Added1. Before placing a toy on the market, manufacturers shall create adraw up a digital product passport for that toy. The digital product passport shall meet the requirements laid down in this Article and Article 18 and other relevant Union harmonised legislation requiring an EU declaration of conformity and it shall replace all EU declarations of conformity required. [Am. 128]

Added2. The digital product passport shall: [Am. 129]

Added(a) correspond to a specific toy model;

Added(b) state that compliance of the toy with the requirements set out in this Regulation and in other Union harmonised legislation requiring an EU declaration of conformity, in particular, the essential safety requirements, has been demonstrated; [Am. 130]

Added(c) contain at least the information set out in Part I of Annex VI;