Article 7 — Obligations of manufacturers

1. When placing toys on the market, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential safety requirements. 2. Before placing toys on the market, manufacturers shall draw up the required technical documentation in accordance with Article 27 and carry out the applicable conformity assessment procedure in accordance with Article 26 or have it carried out. Where compliance of a toy with the applicable requirements laid down in this Regulation has been demonstrated by the procedure referred to in the first subparagraph, manufacturers shall, before the toy is placed on the market: (a) create a digital product passport for the toy in accordance with Article 19; (b) affix the data carrier in accordance with Article 19(7); (c) affix the CE marking in accordance with Article 18(1); and (d) upload the unique product identifier and the unique operator identifier of the toy, as well as any other additional information determined by a delegated act adopted in accordance with Article 49(3), to the digital product passport registry referred to in Article 22(1). 3. Manufacturers shall ensure that the technical documentation referred to in paragraph 2 is up to date. Furthermore, manufacturers shall keep the technical documentation and the digital product passport for a period of 10 years after the toy covered by that documentation and digital product passport has been placed on the market. 4. Manufacturers shall ensure that procedures are in place for toys that are part of a series production to remain in conformity with this Regulation. Changes in the design or characteristics of toys, and changes in the harmonised standards referred to in Article 15 or the common specifications referred to in Article 16 by reference to which conformity of a toy is declared or by application of which its conformity is verified, shall be adequately taken into account. When deemed appropriate with regard to the risks presented by a toy, manufacturers shall, for the protection of the health and safety of consumers or other end users, carry out sample testing of marketed toys. 5. Manufacturers shall ensure that toys bear a type, batch, serial or model number or other element allowing their identification, or, where the size or nature of the toy does not allow it, that the required information is provided on the packaging or in a document accompanying the toy. 6. Manufacturers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not feasible, on its packaging, in a document accompanying the toy or in the digital product passport. Manufacturers shall indicate a single point at which they can be contacted. 7. Manufacturers shall ensure that the toy is accompanied by instructions for use and safety information in a language or languages easily understood by consumers and other end users, as determined by the Member State concerned. Such instructions and information shall be clear, understandable and legible, including for persons with disabilities if feasible. 8. Manufacturers shall ensure that the toy bears warnings in accordance with Article 6 in a language or languages easily understood by consumers and other end users, as determined by the Member State concerned. 9. Where manufacturers consider, or have reason to believe, that a toy that they have placed on the market is not in conformity with this Regulation, they shall immediately take the corrective measures necessary to bring that toy into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where manufacturers consider, or have reason to believe, that a toy presents a risk, they shall immediately inform: (a) the market surveillance authorities of the Member States in which they have made the toy available, through the Safety Business Gateway, giving details, in particular, of any non-compliance and of any corrective measures taken; and (b) the consumers or other end users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988 or both. 10. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the toy, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, as regards any action taken to eliminate the risks posed by toys which they have placed on the market. 11. Manufacturers shall ensure that other economic operators, the economic operator referred to in Article 4(1) of Regulation (EU) 2019/1020, and providers of online marketplaces, in the supply chain concerned, are kept informed in a timely manner of any non-compliance that the manufacturers have identified. Manufacturers shall ensure that the fulfilment service providers are provided with the detailed information necessary for ensuring the safe storage, packaging, addressing or dispatch of toys. 12. Manufacturers shall make communication channels publicly available, such as a telephone number, an electronic address or a dedicated section of their website, in order to allow consumers or other end users to submit complaints concerning the safety of toys and to inform the manufacturers of any accident or safety issue they have experienced with such toys. In doing so, the manufacturers shall take into account the accessibility needs of persons with disabilities. 13. Manufacturers shall investigate complaints and information referred to in paragraph 12 and shall keep an internal register of those complaints and that information, as well as of recalls and any other corrective measures taken to bring the toys into conformity with this Regulation. 14. The internal register referred to in paragraph 13 shall contain only personal data that are necessary for the manufacturer to investigate the complaint or the information referred to in paragraph 12. Such data shall be kept only as long as is necessary for the purposes of the investigation and, in any event, no longer than 5 years after the data have been entered into the internal register.