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Information | Introduction to the New Proposal of EU Toy Safety Regulations
Author.
LCS
Source:
Post time:
2023-10-31
The current basis for European toy safety management is the EU Toy Safety Directive (TSD), also known as DIRECTIVE 2009/48/EC - the most recent update was December 5, 2022- when the revision added limits and limits for aniline content in Appendix C of Annex II.
The new toy directive came into effect in 2009 (with a two-year transition period for chemical requirements, which came into effect in 2011), mainly to address the new issues related to toy safety caused by the technological development of the toy market since the implementation of the "old" toy safety directive, namely 88/378/EEC (Directive 88/378/EEC), especially in terms of toy noise, chemical substances, and food suffocation hazards generated by toys. At that time, market regulatory authorities also emphasized the need for a unified and coherent approach to cope with the market environment that was very different from when Directive 88/378/EEC came into effect in 1988, especially in the implementation of laws and regulations and market regulation.
However, the "New" Toy Directive has been in place for 14 years now, and the market environment it faces is very different from 2009. Due to the limitations of the "Directive" itself, the European Commission (EC) has limited its modification of the Directive to parts of Annexes I, II, and V, and its entire framework and main content cannot be modified. Therefore, in response to some shortcomings discovered in practical applications since the adoption of the 2009 directive, especially in ensuring that children should enjoy a high level of protection from the risks posed by hazardous chemicals, and in the face of the hot online sales background, there is a lack of effective supervision of such channels, The committee, on behalf of the European Parliament (EP) and the Council of the European Union, drafted and submitted a new proposal on July 28, 2023: COM (2023) 462 final, hoping to address these issues and abolish the new gaming directive.
At present, the proposal is in the first reading stage of the Council and its internal institutions. According to the information provided by the General Administration of Customs of China, this proposal is expected to take effect from 2024 to 2025 and will be implemented from 2027 or 2028.
Although this proposal is in the early stage of internal review, it is not ruled out that there will be many modifications in the future. However, we can address the direction of my future focus in a timely manner through the new requirements in the proposal.
The main differences between the content involved in the proposal and the current toy directive are as follows:
1、 Switching management rules from Directive to Regulation
Although the directive takes effect and is binding on all member states to which it is issued, member states need to convert its content into domestic legislation through domestic procedures. Therefore, without violating the requirements of the directive, member states have a certain degree of autonomy in specific implementation. This makes the vision of placing a single "requirement" on the EU single market not thorough and unified enough.
And regulations/legal rules are more direct, requiring all EU member states (even EEA members) to immediately enforce them as laws after the regulations come into effect, without waiting for the "requirement" to be converted into their own language.
From the above, it can be seen that the legal effectiveness and enforcement of the directive are lower than those of regulations/rules. The European Union has also become more strict and unified in toy regulation.
2、 Slings and catapults, which were originally exempt from toy instructions due to special reasons, are no longer exempt
The slings and catapults must meet the relevant requirements of the new proposal, while other exemptions will still be maintained.
3、 Economic operators have added fulfillment service providers
According to Article 2, Point 11 of the European Union Regulation (EU) 2019/1020, any natural or legal person in the supply chain, as a service provider, shall provide at least two services: warehousing, packaging, addressing, and dispatching, without involving ownership of the product - excluding postal services.
4、 Strengthen child protection from the risks of chemicals
The Chemicals Strategy for Sustainability (CSS) calls for the extension of so-called universal methods to hazardous chemicals (based on universal preventive bans) to ensure more consistent protection for consumers, vulnerable groups, and the natural environment. That is, in order to better protect children from harmful chemicals, the regulatory proposal will not only retain the current ban on the use of carcinogenic, mutagenic, or toxic for reproduction (CMRs) in toys, but also recommend the prohibition of the use of chemicals that affect the endocrine system (endocrine interferons), And chemicals that are toxic to specific organs (including the immune, nervous, or respiratory systems). Because these chemicals may interfere with children's hormones, affecting their cognitive development and health.
5、 Choose to use digital compliance information, that is, to replace the EU declaration of conformity with a product passport
Manufacturers must create product passports for toys, including relevant compliance information, before placing them on the market. The product passport will be connected to a unique product identifier through a data carrier and meet the same technical requirements as the product passport included in ESPR. Future regulations will ensure that any toy submitted to customs can only be released for free circulation and enter the EU market with the corresponding product passport.
6、 All warning messages should start with "Warning" (this prefix needs to be translated into the language of the toy sales region according to the requirements of the member country), or a universal pictogram should be added, as shown in the following figure
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