On 12 December 2025, the Official Journal of the European Union published the EU Toy Safety Regulation (Regulation (EU) 2025/2509). This new Regulation replaces Directive 2009/48/EC and will apply from 1 August 2026.
Scope of Application
· Covers all products designed or intended for play by children under 14 years of age, irrespective of whether play is their primary purpose.
· Excluded products include public playground equipment, toy internal combustion engines, pedal cycles, adult collectibles, educational scientific equipment, and similar items.
Key Changes
1. Legal Framework
· The Toy Safety rules move from a Directive to a directly applicable Regulation, eliminating the need for national transposition and ensuring uniform application across the EU.
2. Enhanced Safety Requirements
Chemical Safety
· Introduction of a broad ban on CMR substances, endocrine disruptors, respiratory sensitisers, PFAS, and 34 bisphenol compounds.
· Migration limits for heavy metals are generally reduced by half.
· New requirements for assessing combined exposure to multiple chemicals.
Digital Safety
· Internet-connected toys must comply with the Cyber Resilience Act, the Artificial Intelligence Act, and applicable EU data protection rules.
Physical Safety
· New limits on sound pressure levels.
· Strengthened requirements addressing risks from swallowable magnets.
· Enhanced battery compartment security to prevent child access.
Core Safety Requirements
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Category Summary of Requirements Physical & Mechanical Prevention of risks like suffocation, cuts, pinching, falls; stricter size requirements for toys intended for children under 36 months. Chemical Safety Prohibition or restriction of hazardous substances including CMRs, endocrine disruptors, PFAS, bisphenols, etc.; setting of migration limits (e.g., Lead ≤ 2mg/kg). Electrical Safety Voltage ≤ 24V; prevention of electric shock, overheating, battery ingestion; compliance with EMC and AI-related regulations. Acoustics & Radiation Limits on sound intensity from toys to prevent hearing damage; lasers/LEDs must comply with safety standards. Hygiene & Cleanliness Must be washable and present no microbial risks; toys for under-36-months must be cleanable. |
Digital Product Passport (DPP)
Each toy must be accompanied by a Digital Product Passport (DPP) containing the following information:
· A unique product identifier
· Manufacturer details
· EU Declaration of Conformity and CE marking
· Information on hazardous substances and allergens
· Safety warnings and instructions for use
The DPP must be linked to the toy via a QR code or other data carrier and be accessible to consumers, customs authorities, and market surveillance authorities through scanning. Manufacturers are required to maintain the DPP for 10 years, even if the company ceases operations.
Conformity Assessment Procedures
· Internal Production Control: Applicable to toys manufactured in full compliance with harmonised EU standards.
· EU-Type Examination: Required for toys not covered by harmonised standards, only partially applying such standards, or classified as high-risk. This procedure requires assessment and certification by a notified body.
Transitional Provisions
· The Regulation will apply fully from 1 August 2026.
· Toys lawfully placed on the market under the former Directive may continue to be sold until 1 August 2030.
· EC-type examination certificates issued under the previous framework will remain valid until 1 February 2031.
