EU compliance for toy sellers: safety, CE marking, and the updated Toy Safety Regulation
Toys are one of the most strictly regulated product categories in the EU. The existing Toy Safety Directive (2009/48/EC) sets comprehensive safety requirements, and the European Commission has adopted a new Toy Safety Regulation (published 2024) that will replace it with even stricter rules. If you sell toys in the EU — whether you manufacture them, import them, or resell them through marketplaces — you face a regulatory stack that combines product safety, chemical restrictions, CE marking, traceability, and marketplace enforcement.
Toys are one of the most strictly regulated product categories in the EU. The existing Toy Safety Directive (2009/48/EC) sets comprehensive safety requirements, and the European Commission has adopted a new Toy Safety Regulation (published 2024) that will replace it with even stricter rules. If you sell toys in the EU — whether you manufacture them, import them, or resell them through marketplaces — you face a regulatory stack that combines product safety, chemical restrictions, CE marking, traceability, and marketplace enforcement.
The current framework: Toy Safety Directive 2009/48/EC
The Toy Safety Directive applies to products designed or intended for use in play by children under 14 years of age. It sets essential safety requirements covering physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene, and radioactivity.
CE marking is mandatory
Every toy placed on the EU market must carry the CE mark. This requires the manufacturer to conduct or commission a conformity assessment, prepare a technical file, issue a Declaration of Conformity, and affix the CE mark to the product. For toys, the conformity assessment may involve third-party testing by a notified body, depending on the applicable harmonised standards and the type of toy.
Chemical restrictions — stricter than REACH
Toy safety chemical limits are stricter than general REACH limits. The Toy Safety Directive sets specific migration limits for chemicals in toy materials that children may put in their mouths or have prolonged skin contact with. These include limits on heavy metals (lead, cadmium, chromium, etc.), nitrosamines, phthalates, and allergens — often at lower thresholds than REACH imposes for general consumer products.
Age warnings and safety markings
Toys must carry appropriate warnings based on their characteristics: age recommendations ("Not suitable for children under 36 months"), choking hazard warnings (small parts), warnings specific to the toy type (projectiles, water toys, chemical toys). Warnings must be in the official language(s) of the Member State where the toy is sold.
The CE mark, manufacturer details, importer details, and warnings must all appear on the toy (or its packaging) and on every online listing under GPSR Article 19.
The new Toy Safety Regulation
The European Commission adopted a new Toy Safety Regulation in 2024 to replace the 2009 Directive. Key changes include:
Digital Product Passport. Toys will require a DPP — a machine-readable digital record containing safety, compliance, and traceability information. The DPP will be accessible via a data carrier (QR code) on the toy or its packaging.
Stricter chemical restrictions. The new regulation further restricts endocrine disruptors and adds new substance categories to the restricted lists. It aligns toy chemical safety more closely with the latest scientific assessments.
Enhanced marketplace obligations. Online marketplaces must verify that toy listings carry all required information before allowing sales — consistent with GPSR Article 22 but with toy-specific requirements.
Strengthened enforcement. The regulation gives market-surveillance authorities stronger powers for testing, recalls, and cross-border enforcement.
The new regulation has a transitional period — the 2009 Directive remains in force until the new regulation's application date (expected 2027, subject to transitional provisions). Sellers should monitor the Official Journal for the exact timeline.
GPSR obligations for toys
GPSR applies to toys as consumer products, alongside the Toy Safety Directive. GPSR adds:
EU Responsible Person requirement. If the toy manufacturer is not EU-based, a designated EU RP must be named on the listing and product. This is in addition to any authorised representative required under the Toy Safety Directive.
Listing information requirements. Article 19 requires manufacturer details, EU RP details, product identification, and safety information to be visible on every online listing.
Incident reporting. Manufacturers and their EU RPs must cooperate with Safety Gate notifications and corrective actions.
Marketplace enforcement for toys
Amazon, eBay, and other EU marketplaces apply particularly strict enforcement to toy listings due to the child safety dimension. Common enforcement actions include:
- listing suppression for missing CE marking documentation;
- requests for test reports (physical/mechanical, chemical migration);
- suppression for missing age warnings or choking hazard notices;
- removal for missing manufacturer or EU RP details;
- removal following Safety Gate alerts for similar products.
Toy sellers should expect more frequent compliance audits and documentation requests than sellers of other product categories.
The compliance checklist for toy sellers
| Requirement | Regulation | Notes |
|---|---|---|
| CE marking on product | Toy Safety Directive | Mandatory — conformity assessment required |
| Declaration of Conformity | Toy Safety Directive | Must reference all applicable directives |
| Technical file | Toy Safety Directive | Test reports, design docs, risk analysis |
| Notified body assessment | Toy Safety Directive | Required for certain toy types |
| Chemical testing (migration limits) | Toy Safety Directive + REACH | Stricter than general REACH for toy materials |
| Age warnings | Toy Safety Directive | "Not suitable for children under 36 months," choking hazard, etc. |
| Manufacturer details on listing and product | GPSR | Name, address, email |
| EU Responsible Person (if non-EU) | GPSR + Toy Safety Directive | May need both EU RP (GPSR) and Authorised Rep (Directive) |
| Product identification (batch/serial) | GPSR | Traceable identifier |
| Safety warnings in local language | GPSR + Toy Safety Directive | On listing and on product/packaging |
| WEEE registration (if electronic toy) | WEEE Directive | Per-country registration |
| Battery compliance (if contains battery) | EU Battery Regulation | Labelling, registration, collection |
| Packaging EPR | PPWR/EPR | Per-country registration |
| Green claims audit | EmpCo | By 27 September 2026 |
How Regonance helps
Regonance scans toy product listings against GPSR, CE marking, Toy Safety, REACH, WEEE, Battery, PPWR, and EmpCo requirements — identifying which apply and what is missing. For toy sellers, the platform surfaces the specific safety warnings, documentation, and registration requirements that marketplaces and authorities check.
Scan your toy products → free, no account
Compliance guidance based on published EU regulatory texts. Does not constitute legal advice. Toy safety compliance requires specialist testing — particularly chemical migration testing, which must be performed by accredited laboratories.
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Compliance guidance based on published EU regulatory texts. Not legal advice. Consult qualified counsel for your specific situation.