1. Information referring to an offer of toys sold or promoted in online marketplaces intermediating between economic operators and consumers which are not in conformity with this Regulation shall be considered to be illegal content for the purposes of Regulation (EU) 2022/2065 and subject to the measures established therein.
2. For the purposes of this Regulation, providers of online marketplaces shall comply with the requirements set out in Articles 30 to 32 of Regulation (EU) 2022/2065 and Article 22 of Regulation (EU) 2023/988. Compliance with such requirements shall be enforced within the enforcement structures set out in those Regulations.
3. For the purposes of compliance with Article 31(2), point (c), of Regulation (EU) 2022/2065, and in addition to the information required in Article 22(9) of Regulation (EU) 2023/988, providers of online marketplaces shall ensure that their online interface is designed and organised in a way that it allows economic operators to provide:
(a) the CE marking referred to in Article 18(1);
(b) any warning to be clearly visible to the consumer before purchase in accordance with Article 6(3); and
(c) the data carrier or weblink through which the digital product passport is accessible.
4. Any toy that does not comply with the particular safety requirements, or that complies with the particular safety requirements but poses a risk to the health and safety of children or other persons, shall be considered to be a dangerous product for the purposes of compliance with Article 22 of Regulation (EU) 2023/988.
5. The Commission may issue guidelines to assist economic operators and providers of online marketplaces in the application of paragraphs 1 and 2.
Text as published in the Official Journal, reproduced verbatim (including any typographical quirks of the source). For the authentic version, see EUR-Lex.
