BETA


2021/2040(INI) Implementation of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (Toy Safety Directive)

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead IMCO BENIFEI Brando (icon: S&D S&D) WALSMANN Marion (icon: EPP EPP), BOTOŞ Vlad-Marius (icon: Renew Renew), LANGENSIEPEN Katrin (icon: Verts/ALE Verts/ALE), BASSO Alessandra (icon: ID ID), MAZUREK Beata (icon: ECR ECR), PELLETIER Anne-Sophie (icon: GUE/NGL GUE/NGL)
Lead committee dossier:
Legal Basis:
RoP 54

Events

2022/02/16
   EP - Text adopted by Parliament, single reading
Documents
2022/02/16
   EP - Decision by Parliament
Documents
2022/02/15
   EP - Debate in Parliament
2021/12/14
   EP - Committee report tabled for plenary
Details

The Committee on the Internal Market and Consumer Protection adopted an own-initiative report by Brando BENIFEI (S&D, IT) on the implementation of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (Toy Safety Directive).

The Directive on the safety of toys (TSD) was adopted in 2009 to ensure a high level of health and safety for children and improve the functioning of the internal market for toys by removing barriers to trade in toys between Member States. Despite the lack of comprehensive data on its full impact, the TSD is still largely effective in guaranteeing the free movement of toys in the single market.

Members acknowledged the added value of the TSD in improving the safety of toys. However, they regretted that some of the non-EU manufacturers that are selling their products in the single market, especially through online marketplaces, do not comply with the EU legislation, and that many toys sold in the EU are still posing significant threats to children .

Therefore, Members called for a further revision of the TSD.

Chemicals

The report recalled that toys that are placed on the EU market must comply with the TSD and with specific EU laws on chemicals. The Commission should ensure that endocrine disruptors are banned in toys as soon as they are identified. In addition, the Commission must decide whether the current distinction between toys intended for children under 36 months and those intended for older children needs to be abolished.

In view of a future revision of the TSD, the Commission should also evaluate whether the limit value for chemicals, such as nitrosamines and nitrosatable , should be set as the strictest value in force at national level, and introduce a mechanism allowing limit values for dangerous substances to be changed quickly.

Market surveillance and new technologies

Concerned that the effectiveness of market surveillance under the TSD is limited, the report called on the Member States to equip customs and market surveillance authorities with adequate human, financial and technical resources in order to increase the number and effectiveness of controls, so that effective enforcement of the TSD can be ensured and the proliferation of unsafe and non-compliant toys in the EU prevented.

The Commission is called on to:

- provide active support to Member States in the enforcement of national market surveillance strategies;

- adopt implementing acts laying down benchmarks and techniques for checks on the basis of common risk analysis at EU level, in order to ensure consistent enforcement of EU law, strengthen controls on products entering the EU market and avoid divergences and achieve an effective and uniform level of such controls;

- explore possibilities for using new technologies such as e-labelling, blockchain and artificial intelligence with a view to detecting unsafe products, mitigating risk and improving compliance with the TSD;

- extend the scope of the TSD to include provisions on privacy and information security, adopting horizontal legislation on cybersecurity requirements for connected products and associated services;

- publish guidelines on recall procedures.

E-commerce

While recognising the positive role of e-commerce, including the role of online marketplaces, which have enabled the development of EU toy manufacturers, Members stressed that the development of e-commerce poses challenges for market surveillance authorities in ensuring the compliance of products sold online. Many products bought online fail to conform to EU safety requirements. Therefore, the report considered it necessary to eliminate the sale of non-compliant and dangerous toys online .

Market surveillance and customs authorities are called to step up their cooperation, including the exchange of information on non-compliance findings, and perform robust enforcement actions to stop rogue traders from exploiting the EU market.

In addition, the report stressed the need to step up cooperation with non-EU countries with a view to preventing unsafe and non-compliant toys from entering the EU market .

Legal instrument and way forward

Members called on the Commission, since the TSD acts as a de facto regulation, to consider whether its revision could be the opportunity to convert it into a regulation in order to enhance its effectiveness and efficiency and avoid implementation inconsistencies among Member States and market fragmentation.

Concerned that some producers avoid complying with the TSD by claiming that their products are not toys, while they are clearly used as such, the report stressed that the definition of ‘toys’ should be included in the future revision of the TSD.

Data

The report highlighted that the lack of consistent EU-wide statistics on accidents caused by toys has made it difficult to quantitatively assess the level of protection granted by the TSD and to inform standardisation work on toys. It stressed that insufficient coordination and funding at EU level is a root cause of the absence of consistent data. Members called on the Commission to assess the possibility of establishing a pan-European accident and injury database that allows for introduction and collection of information on accidents and injuries that occur because of dangerous toys, including those sold online .

Documents
2021/12/09
   EP - Vote in committee
2021/07/13
   EP - Amendments tabled in committee
Documents
2021/06/03
   EP - Committee draft report
Documents
2021/04/29
   EP - Committee referral announced in Parliament
2021/02/18
   EP - BENIFEI Brando (S&D) appointed as rapporteur in IMCO

Documents

Activities

Votes

Mise en œuvre de la directive relative à la sécurité des jouets - Implementation of the Toy Safety Directive - Umsetzung der Spielzeug-Richtlinie - A9-0349/2021 - Brando Benifei - Proposition de résolution #

2022/02/16 Outcome: +: 688, -: 6, 0: 1
DE FR IT ES PL RO SE NL PT BE CZ AT BG EL HU FI SK DK IE HR LT SI LV EE CY LU MT
Total
96
79
76
59
51
33
21
29
21
20
21
19
17
21
17
14
13
13
13
12
11
8
7
7
6
6
5
icon: PPE PPE
175

Denmark PPE

For (1)

1

Latvia PPE

2

Estonia PPE

For (1)

1
2

Luxembourg PPE

2

Malta PPE

For (1)

1
icon: S&D S&D
142

Czechia S&D

For (1)

1

Greece S&D

2

Slovakia S&D

2

Lithuania S&D

2

Slovenia S&D

2

Latvia S&D

For (1)

1

Estonia S&D

2

Cyprus S&D

2

Luxembourg S&D

For (1)

1
icon: Renew Renew
100

Italy Renew

3

Poland Renew

1
3

Austria Renew

For (1)

1

Hungary Renew

2

Finland Renew

3

Ireland Renew

2

Croatia Renew

For (1)

1

Lithuania Renew

1

Slovenia Renew

2

Latvia Renew

For (1)

1

Estonia Renew

3

Luxembourg Renew

2
icon: Verts/ALE Verts/ALE
72

Spain Verts/ALE

3

Poland Verts/ALE

For (1)

1

Sweden Verts/ALE

3

Netherlands Verts/ALE

3

Portugal Verts/ALE

1

Belgium Verts/ALE

2

Czechia Verts/ALE

3

Austria Verts/ALE

3

Finland Verts/ALE

3

Denmark Verts/ALE

2

Ireland Verts/ALE

2

Lithuania Verts/ALE

2

Latvia Verts/ALE

1

Luxembourg Verts/ALE

For (1)

1
icon: ID ID
65

Netherlands ID

Against (1)

1

Czechia ID

For (1)

Abstain (1)

2
3

Finland ID

2

Denmark ID

For (1)

1

Estonia ID

For (1)

1
icon: ECR ECR
64

Germany ECR

1

Romania ECR

1

Bulgaria ECR

2

Greece ECR

1

Slovakia ECR

For (1)

1

Croatia ECR

1

Lithuania ECR

1

Latvia ECR

2
icon: The Left The Left
39

Sweden The Left

For (1)

1

Netherlands The Left

For (1)

1

Belgium The Left

For (1)

1

Czechia The Left

1

Finland The Left

For (1)

1

Denmark The Left

1

Cyprus The Left

2
icon: NI NI
38

Slovakia NI

2

Lithuania NI

1
AmendmentsDossier
178 2021/2040(INI)
2021/07/13 IMCO 178 amendments...
source: 695.242

History

(these mark the time of scraping, not the official date of the change)

docs/2
date
2022-02-16T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0037_EN.html title: T9-0037/2022
type
Text adopted by Parliament, single reading
body
EP
events/3
date
2022-02-15T00:00:00
type
Debate in Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/CRE-9-2022-02-15-TOC_EN.html title: Debate in Parliament
events/4
date
2022-02-16T00:00:00
type
Decision by Parliament
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0037_EN.html title: T9-0037/2022
forecasts
  • date: 2022-02-15T00:00:00 title: Debate in plenary scheduled
  • date: 2022-02-16T00:00:00 title: Vote in plenary scheduled
procedure/stage_reached
Old
Awaiting Parliament's vote
New
Procedure completed
forecasts/0/date
Old
2022-02-16T00:00:00
New
2022-02-15T00:00:00
forecasts/1
date
2022-02-16T00:00:00
title
Vote in plenary scheduled
forecasts/0
date
2022-02-16T00:00:00
title
Debate in plenary scheduled
forecasts/0
date
2022-02-14T00:00:00
title
Indicative plenary sitting date
docs/2
date
2021-12-14T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2021-0349_EN.html title: A9-0349/2021
type
Committee report tabled for plenary, single reading
body
EP
events/2/summary
  • The Committee on the Internal Market and Consumer Protection adopted an own-initiative report by Brando BENIFEI (S&D, IT) on the implementation of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (Toy Safety Directive).
  • The Directive on the safety of toys (TSD) was adopted in 2009 to ensure a high level of health and safety for children and improve the functioning of the internal market for toys by removing barriers to trade in toys between Member States. Despite the lack of comprehensive data on its full impact, the TSD is still largely effective in guaranteeing the free movement of toys in the single market.
  • Members acknowledged the added value of the TSD in improving the safety of toys. However, they regretted that some of the non-EU manufacturers that are selling their products in the single market, especially through online marketplaces, do not comply with the EU legislation, and that many toys sold in the EU are still posing significant threats to children .
  • Therefore, Members called for a further revision of the TSD.
  • Chemicals
  • The report recalled that toys that are placed on the EU market must comply with the TSD and with specific EU laws on chemicals. The Commission should ensure that endocrine disruptors are banned in toys as soon as they are identified. In addition, the Commission must decide whether the current distinction between toys intended for children under 36 months and those intended for older children needs to be abolished.
  • In view of a future revision of the TSD, the Commission should also evaluate whether the limit value for chemicals, such as nitrosamines and nitrosatable , should be set as the strictest value in force at national level, and introduce a mechanism allowing limit values for dangerous substances to be changed quickly.
  • Market surveillance and new technologies
  • Concerned that the effectiveness of market surveillance under the TSD is limited, the report called on the Member States to equip customs and market surveillance authorities with adequate human, financial and technical resources in order to increase the number and effectiveness of controls, so that effective enforcement of the TSD can be ensured and the proliferation of unsafe and non-compliant toys in the EU prevented.
  • The Commission is called on to:
  • - provide active support to Member States in the enforcement of national market surveillance strategies;
  • - adopt implementing acts laying down benchmarks and techniques for checks on the basis of common risk analysis at EU level, in order to ensure consistent enforcement of EU law, strengthen controls on products entering the EU market and avoid divergences and achieve an effective and uniform level of such controls;
  • - explore possibilities for using new technologies such as e-labelling, blockchain and artificial intelligence with a view to detecting unsafe products, mitigating risk and improving compliance with the TSD;
  • - extend the scope of the TSD to include provisions on privacy and information security, adopting horizontal legislation on cybersecurity requirements for connected products and associated services;
  • - publish guidelines on recall procedures.
  • E-commerce
  • While recognising the positive role of e-commerce, including the role of online marketplaces, which have enabled the development of EU toy manufacturers, Members stressed that the development of e-commerce poses challenges for market surveillance authorities in ensuring the compliance of products sold online. Many products bought online fail to conform to EU safety requirements. Therefore, the report considered it necessary to eliminate the sale of non-compliant and dangerous toys online .
  • Market surveillance and customs authorities are called to step up their cooperation, including the exchange of information on non-compliance findings, and perform robust enforcement actions to stop rogue traders from exploiting the EU market.
  • In addition, the report stressed the need to step up cooperation with non-EU countries with a view to preventing unsafe and non-compliant toys from entering the EU market .
  • Legal instrument and way forward
  • Members called on the Commission, since the TSD acts as a de facto regulation, to consider whether its revision could be the opportunity to convert it into a regulation in order to enhance its effectiveness and efficiency and avoid implementation inconsistencies among Member States and market fragmentation.
  • Concerned that some producers avoid complying with the TSD by claiming that their products are not toys, while they are clearly used as such, the report stressed that the definition of ‘toys’ should be included in the future revision of the TSD.
  • Data
  • The report highlighted that the lack of consistent EU-wide statistics on accidents caused by toys has made it difficult to quantitatively assess the level of protection granted by the TSD and to inform standardisation work on toys. It stressed that insufficient coordination and funding at EU level is a root cause of the absence of consistent data. Members called on the Commission to assess the possibility of establishing a pan-European accident and injury database that allows for introduction and collection of information on accidents and injuries that occur because of dangerous toys, including those sold online .
forecasts/0/date
Old
2022-01-17T00:00:00
New
2022-02-14T00:00:00
docs/2
date
2021-12-14T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/A-9-2021-0349_EN.html title: A9-0349/2021
type
Committee report tabled for plenary, single reading
body
EP
events/2/docs
  • url: https://www.europarl.europa.eu/doceo/document/A-9-2021-0349_EN.html title: A9-0349/2021
events/2
date
2021-12-14T00:00:00
type
Committee report tabled for plenary
body
EP
procedure/stage_reached
Old
Awaiting committee decision
New
Awaiting Parliament's vote
events/1
date
2021-12-09T00:00:00
type
Vote in committee
body
EP
procedure/Other legal basis
Rules of Procedure EP 159
forecasts
  • date: 2022-01-17T00:00:00 title: Indicative plenary sitting date
docs/1/docs/0/url
https://www.europarl.europa.eu/doceo/document/IMCO-AM-695242_EN.html
docs/1
date
2021-07-13T00:00:00
docs
title: PE695.242
type
Amendments tabled in committee
body
EP
docs/0/docs/0/url
https://www.europarl.europa.eu/doceo/document/IMCO-PR-692714_EN.html
docs/0/date
Old
2021-05-27T00:00:00
New
2021-06-03T00:00:00
docs
  • date: 2021-05-27T00:00:00 docs: title: PE692.714 type: Committee draft report body: EP