Secure toys CE

Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys

WARNINGS

This Directive aims to harmonise toy safety regulations across the European Community and ensure that toys meet a series of conditions guaranteeing safety during use, in order to avoid the risks to which children may be exposed when using them.

As indicated in Article 11.2 of this Directive, all toys, including the chemical substances they contain, must not endanger the safety or health of users or third parties when used as intended or in a foreseeable way, taking into account the behaviour of children. Account shall be taken of the capacity of the users and, where appropriate, their supervisors, especially in the case of toys intended for use by children under thirty-six months or other specific age groups.

Labels affixed in accordance with Article 12.2, and instructions accompanying toys, must alert users or their supervisors to the inherent hazards and risks of harm involved in using the toy and the precautions to be taken to avoid such hazards and risks.

Article 12 Warnings

  1. Where appropriate, for safe use, the warnings referred to in Article 11.2 shall specify the appropriate restrictions on users, in accordance with Annex V, Part A.

    With regard to the categories of toys listed in Annex V, Part B, the warnings set out therein shall be used. The warnings set out in points 2 to 5 of Annex V, Part B, shall be used as worded. Toys shall not bear any of the specific warnings referred to in paragraph 1 if they are inconsistent with the intended use of the toy as determined by its function, size and characteristics.

  2. The manufacturer shall indicate the warnings in a clearly visible, easily legible, comprehensible and accurate manner on the toy, on an affixed label or on the packaging and, if appropriate, on the instructions for use accompanying the toy. Small toys sold without packaging shall bear the appropriate warnings directly on them. Warnings shall be headed by the word «Warning» or «Warnings», as appropriate. Warnings which determine the decision to purchase the toy, such as those specifying the minimum and maximum ages of users, and other applicable warnings set out in Annex V, shall appear on the consumer packaging or, if not, shall be clearly visible to the consumer before the purchase, including when the purchase is made online.

  3. In accordance with Article 5.7, warnings and safety instructions shall be written at least in English.

ANNEX V

Warnings (referred to in Article 12)

Part A

General warnings

The restrictions on users referred to in Article 12.1 shall include at least the minimum or maximum age of users of the toys and, where appropriate, their ability and maximum or minimum weight, as well as the need to ensure that the toy is used only under adult supervision.

Part B

Specific warnings and precautions to be taken when using certain categories of toys

  1. Toys not intended for children under thirty-six months.

    Toys which may be dangerous for children under thirty-six months shall bear a warning, for example: «Not suitable for children under 36 months», «Not suitable for children under three years of age», or a warning with the following pictogram:

    These warnings shall be accompanied by a brief indication, which may appear in the instructions for use, of the specific hazard that calls for this precaution.

    This point shall not apply to toys which, by their function, dimensions, characteristics, properties or other evident features, are manifestly not intended for use by children under thirty-six months.

  2. Activity toys.

    Activity toys shall bear the warning: «For domestic use only».

    Activity toys suspended from a bar, as well as other activity toys, where appropriate, shall be accompanied by instructions for use stressing the need to carry out periodic checks and maintenance of principal parts (suspensions, fastenings, anchorage to the ground, etc.) and specifying that failure to carry out such checks could result in a risk of the toy falling or overturning. Instructions on how to assemble the toy correctly shall also be provided, indicating the parts which may be dangerous if incorrectly assembled. The suitable surface shall be specifically indicated.

  3. Functional toys.

    Functional toys shall bear the warning: «To be used under the direct supervision of an adult».

    They shall also be accompanied by instructions for use specifying the precautions to be taken by the user, warning that failure to observe these precautions will expose the user to the hazards — which shall be specified — inherent in the appliance or product of which the toy is a scale model or imitation. It shall also be stated that the toy is to be kept out of reach of children below a certain age, as determined by the manufacturer.

  4. Chemical toys.

    Without prejudice to the application of the provisions laid down in the applicable Community legislation on the classification, packaging and labelling of certain substances and mixtures, the instructions for use of toys which by their nature contain dangerous substances or mixtures shall warn of the dangers and indicate the precautions to be taken by the user to avoid hazards associated therewith, which shall be stated concisely according to the type of toy.

    First-aid instructions shall also be given in case of serious accidents resulting from the use of such toys. It shall also be stated that the toy is to be kept out of reach of children below a certain age, as determined by the manufacturer. In addition to the information referred to in the preceding paragraph, chemical toys shall display the following warning on their packaging: «Not suitable for children under (age as determined by the manufacturer) years. To be used under adult supervision».

    The following shall in particular be considered chemical toys: chemistry sets, plastic embedding sets, miniature workshops for ceramics, enamelling or photography, and similar toys involving the use of chemical substances or a similar change in the substance during use.

  5. Skates, roller skates, inline skates, skateboards, scooters and toy bicycles for children.

    When these products are sold as toys they shall bear the following warning:

    «Protective equipment should be worn. Not to be used in traffic».

    In addition, the instructions for use shall point out that the toy should be used with care since it requires considerable skill in order to avoid falls or collisions which could injure the user or others. Some indication shall also be given of the recommended protective equipment (helmets, gloves, knee pads, elbow pads, etc.).

  6. Toys intended to be used in water.

    Toys intended for use in water shall bear the following warning:

    «Only to be used in water in which the child can stand and under adult supervision.»

  7. Toys in food.

    Toys distributed with or mixed with food shall bear the following warning:

    «Contains a toy. Adult supervision recommended.»

  8. Toys imitating protective masks and helmets.

    Toys imitating protective masks and helmets shall bear the following warning:

    «This toy does not afford protection».

  9. Toys intended to be suspended over a cot, pram or pushchair by means of strings, cords, elastic or straps.

    Toys intended to be suspended over a cot, pram or pushchair by means of strings, cords, elastic or straps shall be accompanied, on the packaging, by the following warning, which shall also be permanently indicated on the toy:

    «Warning: to avoid danger of strangulation, keep this toy away from the cot once the child starts trying to get up on hands and knees.»

  10. Packaging for olfactory board games, cosmetic kits and gustatory games.

    The packaging for olfactory board games, cosmetic kits and gustatory games containing the fragrances referred to in points 41 to 55 of the list in Annex II, Part III, point 11, first paragraph, and the fragrances referred to in points 1 to 11 of the list in the third paragraph of that point shall bear the following warning:

    «Contains fragrances which may cause allergies.»

CE MARKING

Toy safety regulations are harmonised at European level to ensure that toys meet the essential requirements during their manufacture. Standards from European standardisation bodies provide proof of conformity with the essential requirements. Toys which comply with these requirements bear the «CE» conformity marking.

In the EU, manufacturers are directly responsible for the safety of their toys, and importers are responsible for the toys they make available to European children through distributors.

The CE marking is mandatory for all toys marketed in the European Economic Area, regardless of the country of origin, as this European area allows the free movement of goods. It is a declaration by the manufacturer that the toy meets the essential safety requirements established in Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys.

From 13 December 2024, Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety is also applicable. This regulation strengthens the obligations of all economic operators in the supply chain — manufacturers, importers and distributors — regarding traceability, risk communication and product withdrawal from the market when a safety risk is detected.

What is the CE safety marking for toys

The CE marking is a distinctive mark that must be present on all toys marketed in the European Economic Area, regardless of the country of origin, since the European area allows free movement of goods.

It is a declaration by the manufacturer that their toys comply with the standards and «essential» requirements referred to in the aforementioned Directive and subsequent amendments.

CE marking information

The CE marking must include the letters CE, the name and address of the manufacturer and an identification code that ensures the «traceability» of any toy model, in case rapid withdrawal from the market is required due to a subsequent safety problem.

European legislation states that:

In the case of small toys, as well as toys consisting of small parts, these indications may also be placed on the packaging, on a label or in a leaflet. Where such indications are not placed on the toy itself, consumers should be advised of the usefulness of retaining them.

It also states that:

It is prohibited to affix to toys markings or inscriptions that are likely to mislead third parties as to the meaning or form of the «CE» marking. Any other marking may be affixed to the toy, its packaging or the instructions for use, provided that the visibility, legibility and meaning of the CE marking is not thereby reduced.

Market surveillance

Since all toys on sale in the EU are presumed to be safe because their manufacturers are assumed to have carried out the tests certifying compliance with European safety standards, Member States reserve the right to carry out sampling and checks on toy samples to ensure that the toy actually meets the requirements for bearing the CE marking.

For this purpose, they may access manufacturers' warehouses and request from them the technical documentation of the toy (design and method of manufacture).

Article 15 General principles of the CE marking

  1. Toys placed on the market shall bear the CE marking.
  2. The CE marking shall be subject to the general principles set out in Article 30 of Regulation (EC) No 765/2008.
  3. Toys bearing the CE marking shall be presumed to comply with this Directive.
  4. Toys which do not bear the CE marking or which otherwise do not comply with this Directive may be displayed at trade fairs and exhibitions, provided that a visible sign clearly indicates that such toys do not comply and that they will not be made available until they have been brought into conformity.

Article 16 Rules and conditions for affixing the CE marking

  1. The CE marking shall be affixed visibly, legibly and indelibly to the toy, to an affixed label or to the packaging. In the case of small toys and toys consisting of small parts, the CE marking may alternatively be affixed to a label or to a leaflet accompanying the toy. Where technically impossible in the case of toys displayed in open counter displays, and provided that the display was originally used as the packaging of the toy, the CE marking may be affixed to the display. Where the CE marking is not visible from outside the packaging, if any, it shall at least be affixed to the packaging.
  2. The CE marking shall be affixed before the toy is placed on the market. It may be followed by a pictogram or any other mark indicating a special risk or use.