Article 3 — Definitions

For the purposes of this Regulation, the following definitions apply: (1) making available on the market means any supply of a toy for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; (2) placing on the market means the first making available of a toy on the Union market; (3) manufacturer means any natural or legal person who manufactures a toy or has a toy designed or manufactured, and markets that toy under that person’s name or trademark; (4) authorised representative means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that manufacturer’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation; (5) importer means any natural or legal person established within the Union who places a toy from a third country on the Union market; (6) distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a toy available on the market; (7) fulfilment service provider means fulfilment service provider as defined in Article 3, point (11), of Regulation (EU) 2019/1020; (8) economic operator means the manufacturer, the authorised representative, the importer, the distributor and the fulfilment service provider; (9) provider of an online marketplace means a provider of an online marketplace as defined in Article 3, point (14), of Regulation (EU) 2023/988; (10) harmonised standard means a harmonised standard as defined in Article 2, point (1)(c), of Regulation (EU) No 1025/2012; (11) Union harmonisation legislation means the legislative acts that are listed in Annex I to Regulation (EU) 2019/1020 and any other Union law harmonising the conditions for the marketing of products to which that Regulation applies; (12) intended for use by means that a parent or supervisor shall reasonably be able to assume by virtue of the functions, dimensions and characteristics of a toy that it is intended for use by children of the specified age group; (13) CE marking means a marking by which the manufacturer indicates that the toy is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing; (14) essential safety requirements means the general safety requirement set out in Article 5(2) together with the particular safety requirements set out in Annex II; (15) toy model means a group of toys that meet the following conditions: (a) they are under the responsibility of the same manufacturer; (b) they have uniform design and technical characteristics; (c) they are manufactured using uniform materials and manufacturing processes; and (d) they are defined by a type number or other element allowing them to be identified as a group; (16) data carrier means data carrier as defined in Article 2, first paragraph, point (29), of Regulation (EU) 2024/1781; (17) digital product passport means a set of data specific to a toy that contains the information set out in Annex VI and that is accessible via electronic means through a data carrier in accordance with Chapter V of this Regulation; (18) unique product identifier means a unique product identifier as defined in Article 2, first paragraph, point (30) of Regulation (EU) 2024/1781; (19) unique operator identifier means a unique operator identifier as defined in Article 2, first paragraph, point (31), of Regulation (EU) 2024/1781; (20) digital product passport service provider means a natural or legal person that is an independent third party authorised by the economic operator required to create a digital product passport for a toy and that processes the digital product passport data for that toy for the purpose of making such data available to economic operators and other relevant actors with a right to access those data under this Regulation or other Union law; (21) release for free circulation means the customs procedure laid down in Article 201 of Regulation (EU) No 952/2013; (22) customs authorities means customs authorities as defined in Article 5, point (1), of Regulation (EU) No 952/2013; (23) European Union Customs Single Window Certificates Exchange System (EU CSW-CERTEX) means the system established by Article 4 of Regulation (EU) 2022/2399; (24) Safety Business Gateway means the web portal referred to in Article 27 of Regulation (EU) 2023/988; (25) conformity assessment means the process demonstrating whether the essential safety requirements relating to a toy have been fulfilled; (26) conformity assessment body means a body that performs conformity assessment activities, including calibration, testing, certification and inspection; (27) accreditation means accreditation as defined in Article 2, point (10), of Regulation (EC) No 765/2008; (28) national accreditation body means a national accreditation body as defined in Article 2, point (11), of Regulation (EC) No 765/2008; (29) hazard means a potential source of harm; (30) risk means the combination of the probability of an occurrence of a hazard and the degree of severity of the harm caused by that hazard; (31) recall means any measure aimed at achieving the return of a toy that has already been made available to the end user; (32) withdrawal means any measure aimed at preventing a toy in the supply chain from being made available on the market; (33) market surveillance authority means a market surveillance authority as defined in Article 3, point (4), of Regulation (EU) 2019/1020; (34) notifying authority means an authority designated by a Member State pursuant to this Regulation as responsible for the assessment and notification of conformity assessment bodies in the territory of that Member State; (35) functional toy means a toy which performs and is used in the same way as a product, appliance or installation intended for use by adults, and which may be a scale model of such product, appliance or installation; (36) aquatic toy means a toy that is intended for use in shallow water and which is capable of carrying or supporting a child in the water; (37) activity toy means a toy for domestic use in which the support structure remains stationary while the activity is taking place and which is intended for climbing, jumping, swinging, sliding, rocking, spinning, crawling or creeping, or any combination thereof; (38) chemical toy means a toy intended for the direct handling of chemical substances and mixtures; (39) olfactory board game means a toy the purpose of which is to assist a child to learn to recognise different odours or flavours; (40) cosmetic kit means a toy the purpose of which is to assist a child in learning to make cosmetic products such as fragrances, soaps, creams, shampoos, conditioners, bath foams and toothpastes, as well as glosses, lipsticks, nail polish and other make-up; (41) gustative game means a toy the purpose of which is to allow children to make sweets or dishes through the use of food ingredients, including liquids, powders and aromas; (42) PFAS means any substance that contains at least one fully fluorinated methyl (CF3-) or methylene (-CF2-) carbon atom (without any H/Cl/Br/I attached to it).