Recitals
- Recital (1)Directive 2009/48/EC of the European Parliament and of the Council was adopted to ensure a high level of safety of toys and their free…
- Recital (2)Children are a particularly vulnerable group. It is essential to ensure a high level of safety for children when playing with toys.…
- Recital (3)The Commission evaluation of Directive 2009/48/EC concluded that that Directive is relevant and generally effective in protecting children.…
- Recital (4)In its communication of 14 October 2020 entitled Chemicals Strategy for Sustainability, the Commission called for strengthening the…
- Recital (5)Since the rules setting out the requirements for toys, in particular the essential safety requirements and the conformity assessment…
- Recital (6)Toys are also subject to Regulation (EU) 2023/988 of the European Parliament and of the Council, which applies in a complementary manner in…
- Recital (7)Regulation (EC) No 765/2008 of the European Parliament and of the Council lays down rules on the accreditation of conformity assessment…
- Recital (8)Decision No 768/2008/EC of the European Parliament and of the Council lays down common principles and reference provisions intended to…
- Recital (9)This Regulation should lay down essential safety requirements for toys to ensure a high level of protection of health and safety of…
- Recital (10)To facilitate the application of this Regulation, its scope should be clearly defined. It should apply to all products designed or intended…
- Recital (11)This Regulation should apply to new toys made by a manufacturer established in the Union and to toys, whether new or second-hand, imported…
- Recital (12)To ensure adequate protection of children and other persons, this Regulation should apply to all forms of supply of toys, including…
- Recital (13)Essential safety requirements for toys should ensure protection for users and other persons from all relevant health and safety hazards…
- Recital (14)Relying on digital technologies has led to new hazards in toys. Radio toys are to comply with essential requirements for the protection of…
- Recital (15)In accordance with Regulation (EU) 2024/1689, toys with AI systems as safety components that require a third-party conformity assessment…
- Recital (16)The safety assessment should take into account the health risk posed by digitally connected toys, where appropriate, including any risk…
- Recital (17)Toys should comply with physical and mechanical requirements that prevent children from getting physically injured when playing with toys…
- Recital (18)Some toys are designed to emit sound, for example percussion toys, cap-firing toys, rattles and toys that play music or sound. In order to…
- Recital (19)Chemicals that are classified as carcinogenic, mutagenic or toxic for reproduction (CMR substances), chemicals that affect the endocrine…
- Recital (20)In order to ensure toy safety, prohibited substances should be acceptable at trace levels, including in recycled materials, only if their…
- Recital (21)In order to provide for flexibility where the safety of children is not compromised, it should be possible to wholly or partly exempt the…
- Recital (22)The assessment of the safety of the substance and of the availability of suitable alternatives should be carried out by the relevant…
- Recital (23)It should be possible for economic operators, industry associations or other interested parties to submit a request to ECHA for assessment…
- Recital (24)In recent years, ECHA has been entrusted with new tasks set out in several pieces of legislation and ad hoc agreements. Given the important…
- Recital (25)The presence of nickel and cobalt in stainless steel and in components that transmit electric current in toys is considered to be safe by…
- Recital (26)As batteries are regulated by Regulation (EU) 2023/1542 of the European Parliament and of the Council, the requirements regarding chemical…
- Recital (27)Existing limit values for certain chemical substances and their corresponding test methods have proven to be appropriate for the protection…
- Recital (28)Directive 2009/48/EC includes limit values for certain substances in toys intended for children under 36 months or intended to be put in…
- Recital (29)To avoid situations where one hazardous bisphenol is replaced with another that might be equally harmful, ECHA assessed available evidence…
- Recital (30)Per- and polyfluorinated alkyl substances (PFAS) are a large family of more than 10000 man-made chemicals. PFAS have been used in an…
- Recital (31)To ensure adequate protection from specific chemical substances when new scientific knowledge emerges, the Commission should be empowered…
- Recital (32)When the hazards that a toy might present cannot be completely addressed by design, the residual risk should be addressed by…
- Recital (33)To prevent the misuse of warnings to circumvent the applicable safety requirements, the warnings provided for certain categories of toys…
- Recital (34)To ensure awareness of any risks associated with the toy, especially in cases where the purchase is made through distance and online sales,…
- Recital (35)Economic operators should act responsibly and in full accordance with the legal requirements applicable when placing or making toys…
- Recital (36)In order to ensure a high level of protection of the health and safety of children and fair competition in the internal market, economic…
- Recital (37)As certain tasks can be executed only by the manufacturer, it is necessary to distinguish clearly between the obligations of the…
- Recital (38)In order to facilitate communication between economic operators, market surveillance authorities and consumers or other end users,…
- Recital (39)The manufacturer, having detailed knowledge of the design and production process, is responsible for the compliance of the toy with the…
- Recital (40)To facilitate compliance of the manufacturers with their obligations set out in this Regulation, manufacturers should be allowed to appoint…
- Recital (41)Economic operators intervening in the supply and distribution chain should take appropriate measures to ensure that the toys they place on…
- Recital (42)It is necessary to ensure that toys from third countries entering the Union market comply with all applicable Union requirements, and in…
- Recital (43)When placing a toy on the market, importers should indicate their name on the toy and the address at which they can be contacted.…
- Recital (44)As the distributor makes a toy available on the market after the toy has been placed on the market by the manufacturer or the importer, the…
- Recital (45)Distributors and importers are close to the market place and should therefore be involved in market surveillance tasks carried out by…
- Recital (46)In order to increase compliance with the obligations set out in this Regulation and to improve market surveillance, where fulfilment…
- Recital (47)Any natural or legal person that either places a toy on the market under that person’s name or trademark or carries out a substantial…
- Recital (48)Information referring to an offer of toys placed on the market or made available on the market which are not compliant with this Regulation…
- Recital (49)Ensuring traceability of a toy throughout the whole supply chain helps to make market surveillance simpler and more efficient. An efficient…
- Recital (50)In order to ensure efficient market surveillance of toys made available on the market, economic operators should be required to keep the…
- Recital (51)In order to facilitate the assessment of conformity with the requirements of this Regulation, it is necessary to provide for a presumption…
- Recital (52)In the absence of relevant harmonised standards, the Commission should be empowered to adopt implementing acts setting out common…
- Recital (53)The CE marking, indicating the conformity of a toy, is the visible consequence of a whole process comprising conformity assessment in a…
- Recital (54)Manufacturers should create a digital product passport to provide information on the compliance of toys with this Regulation and with other…
- Recital (55)In order to facilitate checks on toys by market surveillance authorities and to allow the actors in the supply chain and consumers to…
- Recital (56)To avoid duplication of investment in digitalisation by all actors involved, including manufacturers, market surveillance authorities and…
- Recital (57)In particular, Regulation (EU) 2024/1781 of the European Parliament and of the Council lays down requirements and technical specifications…
- Recital (58)As the digital product passport is to replace the EU declaration of conformity, it is crucial to make clear that, by creating the digital…
- Recital (59)Where other information than the elements required for the digital product passport is provided digitally, it is necessary to clarify that…
- Recital (60)Most toy manufacturers subject to the requirements of this Regulation are micro-, small and medium-sized enterprises (SMEs). The Commission…
- Recital (61)Chapter VII of Regulation (EU) 2019/1020, setting out the rules for controls on products entering the Union market, applies to toys. The…
- Recital (62)In addition to the framework of controls established by Chapter VII of Regulation (EU) 2019/1020, customs authorities should be able to…
- Recital (63)When toys coming from third countries are placed under the customs procedure of release for free circulation, the reference to a digital…
- Recital (64)The data included in the digital product passport are intended to allow customs authorities to enhance and facilitate risk management and…
- Recital (65)The automatic verification by customs authorities of the reference to the digital product passport for toys entering the Union market…
- Recital (66)Children are exposed on a daily basis to a wide range of different chemicals originating from various sources that have negative effects as…
- Recital (67)Manufacturers should prepare the technical documentation describing all relevant aspects of toys, including the safety assessment of all…
- Recital (68)In the safety assessment, manufacturers should assess the chemical substances present in the toy and possible non-intended presence of…
- Recital (69)To ensure that toys comply with the essential safety requirements, it is necessary to lay down appropriate conformity assessment procedures…
- Recital (70)Since it is necessary to ensure a uniformly high level of performance of bodies performing conformity assessment of toys throughout the…
- Recital (71)If a conformity assessment body demonstrates conformity with the criteria laid down in harmonised standards, the conformity assessment body…
- Recital (72)The system set out in this Regulation should be complemented by the accreditation system provided for in Regulation (EC) No 765/2008. Since…
- Recital (73)Conformity assessment bodies frequently subcontract parts of their activities linked to the assessment of conformity or have recourse to a…
- Recital (74)In order to ensure a consistent level of quality in the performance of conformity assessment of toys, it is necessary not only to…
- Recital (75)Since notified bodies can offer their services throughout the Union, it is appropriate to give the other Member States and the Commission…
- Recital (76)In the interests of competitiveness, it is crucial that notified bodies apply the conformity assessment procedures without creating…
- Recital (77)Market surveillance is an essential instrument inasmuch as it ensures the proper and uniform application of Union law. Regulation (EU)…
- Recital (78)Directive 2009/48/EC provides for a safeguard procedure allowing the Commission and other Member States to examine the justification for a…
- Recital (79)Where the Member States and the Commission agree as to the justification of a measure taken by a Member State, no further involvement of…
- Recital (80)Experience with Directive 2009/48/EC has shown that new toys available on the market, which were compliant with the applicable particular…
- Recital (81)In accordance with Regulation (EU) 2019/1020, market surveillance authorities are required to communicate, through the information and…
- Recital (82)In order to take into account technical and scientific progress or new scientific evidence, the power to adopt acts in accordance with…
- Recital (83)In order to take into account technical and scientific progress, as well as the level of digital readiness of market surveillance…
- Recital (84)In order to facilitate the work of customs authorities in relation to toys and their compliance with the requirements set out in this…
- Recital (85)When adopting delegated acts pursuant to this Regulation, it is of particular importance that the Commission carry out appropriate…
- Recital (86)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission…
- Recital (87)The implementing powers that are conferred on the Commission by this Regulation should be exercised in accordance with Regulation (EU) No…
- Recital (88)Member States should provide for penalties applicable to infringements of this Regulation. Those penalties should be effective,…
- Recital (89)In order to allow manufacturers and other economic operators sufficient time to adapt to the requirements laid down by this Regulation, it…
- Recital (90)Since the objective of this Regulation, namely to ensure the safety of toys with a view to ensuring a high level of protection of the…
Text as published in the Official Journal; for the authentic version, see EUR-Lex.
