Toy safety in the next EU legislature

Brussels – A vote that anticipates the work of the next legislature in Brussels, paving the way for one of the dossiers on which the European Parliament most exposed itself over the past five years: the safety of toys. With a unanimous go-ahead (37 votes in favour), the European Parliament Committee on the Internal Market and Consumer Protection (IMCO) today (Feb. 13) adopted its position on the proposal to update the Union’s toy safety rules, setting the standards for emerging challenges such as the increased use of digital technologies and the integration of artificial intelligence systems for interaction with children.

Following the EU Commission proposal of July 28 last year, the MEPs’ position (which now awaits final approval in one of the upcoming plenary sessions) confirms the banning of harmful chemicals that are carcinogenic and mutagenic or toxic to reproduction, endocrine, respiratory and specific organs. As the EU executive had explained, these are chemicals “particularly harmful to children” since they “could interfere with their hormones, their cognitive development, or more generally impact their health.” Words confirmed by the rapporteur for the European Parliament, Marion Walsmann (EPP): “There is no place in a child’s room for unsafe toys. The updated text reinforces their detection, especially those from third countries.”

Of particular relevance in the directive update dating back to 2009 is that the new Regulation focuses primarily on safety, security, and privacy in designing toys with substantial digital components. More specifically, those with artificial intelligence will have to comply with new Union legislation that—according to the almost-ready EU act—classifies them as high-risk technologies and subjects them to third-party assessments, risk management, transparency, and human oversight. In response to the constant requests of the EU Parliament about the safety of Internet-connected toys, the Commission has also provided for a third-party conformity assessment for toys with social interactive functions (such as talking or filming): the safety assessment will have to consider health risks, including mental health ones, “to ensure the highest standards for children’s well-being.” Finally, recently updated general product safety regulations, such as those on online sales, incident reporting, and consumers’ right to information and remedies, will have to be followed.

Finally, MEPs’ position on the new EU Regulation confirms the introduction of digital passports for each toy —the responsibility of which lies with manufacturers—”detailing compliance with relevant standards.” This introduction by the EU Commission was confirmed to improve market surveillance and strengthen border customs inspections. At the same time, consumers should have easy access to safety information, such as via a QR code. All these indications must go through plenary approval (the road is downhill considering the committee vote). They will then form the EU Parliament’s negotiating mandate for trialogues with the council’s co-legislators “after the June 6-9 European elections,” the MEPs point out.