Last updated: 4 February 2026
Purpose of the Toy Safety Directive 2009/48/EC and the European Commission’s Toy Safety Regulation 2025/2509
The Toy Safety Directive (“TSD”) was intended to provide a common standard for the safety of toys throughout the whole of the EEA, and outlined various provisions that toy products had to comply with (including mechanical and physical safety, flammability, and, in particular, limits for chemical substances in the accessible parts of toys).
Owing to several shortcomings identified by the European Commission (“EC”), the EC commenced a review of the existing TSD entitled “Protecting children from unsafe toys and strengthening the Single Market – revision of the Toy Safety Directive”. On 28 July 2023, the EC published its legislative proposal to revise the existing TSD and adopt a new Toy Safety Regulation (“TSR”).
After reaching provisional agreement with the European Parliament, the Council of the European Union approved the TSR in early October 2025 and Regulation 2025/2509 on the safety of toys was published in the Official Journal on 12 December 2025. The TSR entered into force on 1 January 2026 and will largely apply from 1 August 2030 (save for certain obligations applicable to Member States and their national conformity assessment bodies that apply from the TSR’s entry into force). Until 1 August 2030, products placed on the market must comply with the existing TSD.
As a Regulation, the TSR is directly applicable in all Member States without the need for Member States to implement the requirements.
The Toy Safety Regulation
The EC's evaluation of the TSD identified several shortcomings that could compromise the health and safety of children, in particular, where chemicals are concerned. The evaluation also noted that market surveillance remained particularly challenging, especially for online sales, and found that the transposition into national law by Member States of the regular amendments to the TSD for chemical requirements was not always satisfactory.
To address these shortcomings, the key requirements of the TSR include the following:
- Definition of “toy”. The definition of a “toy” has not changed materially from the TSD. However, the TSR has made clearer that a product will be intended for use as a “toy” where a parent or supervisor can reasonably assume, by virtue of the functions, dimensions and characteristics of that product, that it is intended for use in play by children of a relevant age group.
- More stringent rules on harmful substances. The TSR expands on the prohibition of substances that are carcinogenic, mutagenic or toxic (CMRs) for reproduction to include substances like endocrine disruptors. Skin sensitisers and indoor toys treated with biocidal products are also banned under the TSR, along with a more limited ban on the intentional use of PFAS in toys and components of toys (certain exemptions are available).
- Obligations of fulfilment service providers and online marketplaces. The TSR confirms that toys not in conformity with the TSR will be illegal content for the purposes of the Digital Services Act and subject to the relevant measures for illegal content under the Digital Services Act.
- Requirements concerning batteries. In particular, toys that include batteries should be designed in such a way that the batteries are difficult for children to access, meaning that electric toys with batteries that constitute small parts must be designed and manufactured to ensure that the battery cannot be accessed without the use of a tool. Where the size or nature of the toy so requires, a rechargeable battery may instead be made inaccessible, and removable or replaceable only by independent professionals.
- Replacement of the existing Declaration of Conformity with a Digital Product Passport. The passport must correspond to a specific toy model and contain a minimum set of information (including the CE mark, details of the manufacturer, and a list of allergenic fragrances that are present in the toy).
- Requiring manufacturers and importers to indicate an “electronic address” in addition to their postal address.
- Requiring manufacturers and importers to make publicly available a telephone number, electronic address, dedicated section of their website, or another communication channel to allow consumers to file complaints relating to the safety of toys.
What does this mean for you?
The adoption and entry into force of the TSR will be of particular interest to those involved in the manufacture and supply of toys within the EU. The TSR provides the safety criteria that must be met in order for a toy to legally circulate on the EU market. Therefore, manufacturers, importers, online marketplaces and other economic operators must be aware of the TSR and ensure they implement any necessary changes to their manufacturing practices to make sure their toys are compliant going forward.
As most of the provisions of the TSR will only enter into force in 2030, businesses have a transition period of approximately four and a half years to transition to the new requirements in the TSR (i.e. the TSR requirements will not apply immediately).
Having said that, businesses should take into account new requirements introduced by the EU General Product Safety Regulation, which have applied since 13 December 2024.
