Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedArticle 10 – paragraph 4 – subparagraph 1: 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 taken.

RemovedIn order to be coherent with Art. 12 (3) GPSR.

RemovedArticle 10 – paragraph 4 – subparagraph 2: Where 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 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.

RemovedMoved from paragraph 2 subparagraph 3 point c to paragraph 4.

RemovedArticle 13 – title: Presumption of conformity of toys

RemovedArticle 14 – paragraph 2 – subparagraph 1 – introductory part: The Commission may, by means of delegated acts supplementing this Regulation, establish common specifications for the essential safety requirements where the following conditions are fulfilled:

RemovedArticle 14 – paragraph 3: 3. When references of a harmonised standard are published in the Official Journal of the European Union, the Commission shall assess whether the delegated acts referred to in paragraph 2 of this Article which cover the same essential safety requirement need to be repealed or amended.

RemovedArticle 17 – paragraph 1: 1. Before placing a toy on the market, manufacturers shall draw up a product passport for that toy, which shall replace all EU declarations of conformity required for that toy. The product passport shall meet the requirements set out in this Article and in Article 18, as well as the requirements of other Union harmonised legislation requiring an EU declaration of conformity.

RemovedArticle 17 – paragraph 2 – point f: (f) depending on access rights, be accessible to consumers or other end-users, market surveillance authorities, customs authorities, notified bodies, the Commission and other economic operators in accordance with paragraph 2a and taking into account the need to protect confidential business information and trade secrets in accordance with Directive (EU) 2016/943;

RemovedArticle 17 – paragraph 2 a (new): 2a. The access rights referred to in paragraph 2 (f) shall comprise: / (a) information accessible to consumers or other end-users listed in points (c), (d), (i), (j), (ka), (kb) and (kc) of Part I of Annex VI and, where applicable, points (a) and (b) of Part II of Annex VI; / (b) information accessible only to market surveillance authorities, customs authorities, notified bodies, and the Commission listed in points (a) to (j) of Part I of Annex VI and, where applicable, points (a) and (b) of Part II of Annex VI;

RemovedArticle 17 – paragraph 8: deleted

RemovedArticle 17 – paragraph 10 – subparagraph 1 – introductory part: The Commission shall adopt delegated acts in order to supplement this Regulation by determining the specific and technical requirements related to the product passport for toys by.....(OP please insert the date = 12 months after the entry into force of this Regulation). Those requirements shall cover in particular the following:

RemovedArticle 17 – paragraph 10 a (new): 10a. The Commission shall publish guidelines and tailor-made guidance for SMEs and micro-enterprises on how to set up a product passport for their toys and an automatic translation tool for the languages referred to in paragraph 2(e). This support shall be implemented no later than .....(OP please insert date = 12 months after the entry into force of this Regulation).

RemovedArticle 18 – paragraph 3: 3. Consumers or other end-users, economic operators and other relevant actors shall have access on the basis of their respective access rights to the product passport free of charge.

RemovedArticle 19 – paragraph 1: 1. Before placing a toy on the market, and following the adoption of delegated acts in accordance with Article 17(10) of this Regulation, economic operators shall upload, in the registry established under Article 12(1) of Regulation (EU) …/… [PO insert serial number for Ecodesign Requirements for Sustainable Products] (the ‘registry’), the unique product identifier and unique operator identifier for that toy.

RemovedArticle 21 – paragraph 1: 1. In order to demonstrate that a toy complies with the essential safety requirements, manufacturers shall, before placing a toy on the market, carry out a safety assessment which shall in particular: / (a) cover all the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards and the potential exposure to such hazards; / (b) in relation to chemical hazards, take account of the possible exposure to individual chemicals, and any known additional hazards from combined exposure to the different chemicals present in the toy, taking into account the obligations under Regulation (EC) No 1907/2006 and the conditions set out therein; / (c) be updated whenever additional relevant information is available.

Removed(a)-(c) moved from paragraph 2 up to paragraph 1.

RemovedArticle 21 – paragraph 2 – subparagraph 1: deleted / (deleted) / (deleted) / (deleted)

RemovedText moved up to para. 1.

RemovedArticle 22 – paragraph 2: 2. If the manufacturer has applied harmonised standards, the reference of which has been published in the Official Journal of the European Union, or common specifications, covering all relevant safety requirements for the toy, the manufacturer shall use the internal production control procedure set out in Part I of Annex IV.

RemovedArticle 22 – paragraph 3 – point a: (a) where harmonised standards, the reference of which has been published in the Official Journal of the European Union, or common specifications, covering all relevant safety requirements for the toy, do not exist;

RemovedArticle 22 – paragraph 3 – point c: (c) where one or more of the harmonised standards referred to in point (a) has been published with a restriction, in the event that restriction is relevant to the toy in question;

RemovedArticle 26 – paragraph 6: 6. A notifying authority shall have a sufficient number of competent personnel at their disposal for the efficient performance of their tasks.

RemovedArticle 28 – paragraph 6 – subparagraph 3: A conformity assessment body shall have the means necessary to efficiently perform the technical and administrative tasks connected with the conformity assessment activities and shall have access to all necessary equipment or facilities.

RemovedArticle 28 – paragraph 10: 10. The personnel of a conformity assessment body shall observe professional secrecy with regard to all information obtained in carrying out their tasks under Annex IV, except in relation to the competent authorities of the Member State in which its activities are carried out. Intellectual property rights and trade secrets, in accordance with Directive (EU) 2016/943, shall be protected.

RemovedArticle 41 – title: National measures concerning toys which are not compliant with the particular safety requirements

RemovedArticle 41 – paragraph 1 – subparagraph 1: Where the market surveillance authorities of one Member State have sufficient reason to believe that a toy covered by this Regulation presents a risk to the health or safety of persons, they shall carry out an evaluation in relation to the toy concerned covering all the requirements laid down in this Regulation. They shall immediately inform the relevant economic operator, in accordance with Article 4(1) and (2) of Regulation (EU) 2019/1020, of the procedure they have initiated and of the possible risk they have identified in the toy, and give the economic operator the opportunity to react. The relevant economic operators shall cooperate, as necessary, with the market surveillance authorities for that purpose.

RemovedThe responsible economic operator must be informed as soon as possible that his toy may present a risk to the health or safety of persons.

RemovedArticle 47 – paragraph 4: 4. Before adopting a delegated act, the Commission shall consult relevant stakeholders and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

RemovedChapter IX a (new) – Article 52 a (new): Chapter IXa / AMENDMENTS / Article 52a / Amendments to Directive 2014/53/EU / In Article 10 (3) of the Directive 2014/53/EU the following text is added: ‘ If the radio equipment is in a toy, the product passport established by Regulation (EU) 2024/... of the European Parliament and of the Council of..... on the safety of toys includes also the elements set out in Annex VI and Annex VII of this Directive.’

RemovedThe product passport shall also replace the declaration of conformity required by the Radio Equipment Directive.

RemovedArticle 54 – paragraph 1: 1. Toys placed on the market in conformity with Directive 2009/48/EC before … [OP please insert the date = the first day of the month following 30 months after the date of entry into force of this Regulation] may continue to be made available on the market until … [OP please insert the date = the first day of the month following 54 months after the date of entry into force of this Regulation].

RemovedArticle 55 – paragraph 1: 1. By … [OP please insert the date = the first day of the month following 72 months after the date of entry into force of this Regulation] and every 5 years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall submit a report to the European Parliament and to the Council on the main findings.

RemovedAnnex II – Part I – point 9: 9. Toys which are designed to emit a sound shall be designed and manufactured in such a way, in terms of the maximum values for impulse noise and continuous noise, that the sound from them is not able to impair children’s hearing.

RemovedNoise limits should only have to apply to toys that are designed to emit a sound, as foreseen in Annex II Part I number 10 of the current Toy Safety Directive (2009/48/EC).

RemovedAnnex II – Part III – point 7 – point c: (c) toy components where the substance or mixture is fully inaccessible to children, including by inhalation, when the toy is used as specified in the first subparagraph of Article 5(2) .

RemovedAddition from Annex II, Part 3 point 4 b) Toy Safety Regulation 2009/48/ EC.

RemovedAnnex III – point 1 – paragraph 1: All warnings shall be preceded by the word ‘Warning’ or, alternatively, by the following pictogram:

RemovedIn order to avoid confusing consumers, the Toy Safety Regulation should provide for a single, specific pictogram to be used, taken from ISO 7010 "Graphic symbols – Safety colours and safety signs – Registered safety symbols".

RemovedAnnex III – point 2 – paragraph 2: The pictogram shall be at least 10 mm diameter in size and shall contain a red circle with a white background and with the text and face in black colour. These warnings shall be accompanied by a brief indication, which may appear in the instructions for use, of the specific hazard calling for this precaution.

RemovedAddition necessary in order to align it with the specification in standard EN71.

RemovedAnnex III – point 8 – paragraph 1 – introductory part: Packaging of food containing toys or packaging of food or co-mingled with toys shall bear the following warning:

RemovedIf food contains a toy, it would be better to inform the consumer before consuming the food, therefore a warning that is visible on the food packaging makes more sense than on the toy itself.

RemovedAnnex IV – Part III – title: Module C: Conformity to type based on internal production control

RemovedAnnex VI – Part I – point k: deleted

RemovedAnnex VI – Part I – point k a (new): (ka) the communication channel as provided for in Article 7(11);

RemovedAnnex VI – Part I – point k b (new): (kb) if the toy includes radio equipment the information provided for in Annex VI of Directive 2014/53/EU of the European Parliament and of the Council;

RemovedThe product passport shall also replace the declaration of conformity required by the Radio Equipment Directive.

RemovedAnnex VI – Part I – point k c (new): (kc) a link to the section of the Safety Gate Portal referred to in Article 34(3) of Regulation 2023/988 for the transmission of information about toys that might present a risk to the health and safety of consumers.