EU regulation
Toy Safety Directive: safety and CE marking
Overview
Short answer
Directive 2009/48/EC covers products intended for play by children under 14, subject to specified exclusions. The manufacturer must assess safety and demonstrate conformity before placing the toy on the market. The new Regulation replaces the Directive on 1 August 2030. Articles 2, 4 and 18; Article 56.
Legal status
Directive applicable
Checked 11 October 2026 against the consolidation of 29 August 2026. Repealed from 1 August 2030 by Regulation 2025/2509.
Part 1
When is a product a toy?
Products can be covered even where play is not their only function. Annex I lists products that are not regarded as toys, and Article 2 contains specific exclusions. Record the intended users, use and product characteristics before choosing a testing programme or age marking. Article 2 and Annex I.
Part 2
Responsibilities depend on the business role
The manufacturer is responsible for design, assessment, technical documentation and the EC declaration. The importer must check, among other matters, that the manufacturer performed the appropriate assessment and that required information is available. The distributor must verify specified markings and documents before supply. A supplier declaration does not remove these responsibilities. Articles 4, 6 and 7.
Part 3
Start with the safety assessment
The assessment must cover chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards, including potential exposure. Materials, accessible parts and use therefore need to be considered together. Chemical requirements and derogations appear in the current Annex II; do not rely on an old generic substance list. Article 18 and Annex II.
Part 4
When is a notified body needed?
Internal production control applies where the manufacturer has applied harmonised standards covering all relevant safety requirements. Article 19 specifies situations requiring EC-type examination and conformity to type, including where relevant standards are absent or only partly applied. CE marking does not replace the safety assessment or evidence supporting the declaration. Articles 15–19.
Part 5
Document the product, marking and changes
Technical documentation and the EC declaration must be retained for ten years after market placement. Required identification, contact details, instructions and warnings must accompany the correct toy. Warnings determining the purchasing decision must be visible before purchase, including online. Changes in design or in the applicable standards must be taken into account in series production. Articles 4 and 11.
Part 6
Prepare for 2030 while meeting current requirements
The new Toy Safety Regulation generally applies from 1 August 2030. Toys lawfully placed on the market under the Directive before that date may continue to be supplied. Keep the current assessment and future changes in separate versions, with clear ownership of material data and documentation. Articles 56, 57 and 59.
Checklist
Key takeaways
- Assess play function and intended use, not just the product name.
- Safety assessment goes beyond an individual test report.
- Importers and distributors have their own verification duties.
- The Directive applies before the transition to the Regulation in 2030.
Questions and answers
Frequently asked questions
Is an EN 71 report sufficient?
Not on its own. Safety assessment must cover all relevant hazards and the file must demonstrate conformity for the correct toy.
Does every toy require type examination?
No. Article 19 determines when internal production control or EC-type examination is required.
Must warnings appear in an online shop?
Warnings determining the purchasing decision must be visible before purchase, including online.
Does the Directive already require a digital product passport?
Do not confuse the Directive’s documentation duties with the passport under Regulation 2025/2509, which generally applies from 2030.
Further reading
Official sources
How Verca helps
How Verca can support the process
Verca organises product evidence, documents and version history. The company remains responsible for assessment. Explore the platform.