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2009/48/EC

In force

Toy Safety Directive

The CE framework for toys — products designed or intended for use in play by children under 14. It sets mechanical, flammability, chemical, electrical and hygiene requirements. A new Toy Safety Regulation (EU) 2025/2509 has been adopted and will replace this directive from 1 August 2030.

Read the official text

Applies to

Products designed or intended, whether or not exclusively, for use in play by children under 14 years of age. Annex I / Article 2 exclusions include playground equipment for public use, coin-operated toy machines, toy vehicles with combustion engines, toy steam engines, and slings and catapults.

Key obligations

  1. 01Before placing a toy on the market, carry out a safety assessment including an analysis of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards and of potential exposure to them (Article 18).source
  2. 02Ensure the toy meets the essential safety requirements of Annex II (including the chemical requirements, e.g. CMR substance rules and element migration limits), draw up technical documentation and keep it for 10 years (Article 4).source
  3. 03Perform the applicable conformity assessment (Article 19), draw up the EC Declaration of Conformity and affix the CE marking (Article 17).source
  4. 04Affix the required warnings exactly as worded in Annex V (e.g. minimum-age warnings, choking-hazard warnings for small parts) where applicable, visibly and legibly; a warning must not conflict with the toy's intended use (Article 11).source
  5. 05Ensure traceability: type, batch, serial or model number on the toy (or packaging where necessary), plus manufacturer name and contact address; carry out sample testing of marketed toys and keep a complaints register where appropriate (Article 4).source

Conformity routes

  • Self-verification — internal production control (Module A)When harmonised standards published in the Official Journal exist that cover all the relevant safety requirements for the toy, and the manufacturer has applied them (Article 19).source
  • EC-type examination (Module B) + conformity to type (Module C) via notified bodyWhen harmonised standards do not exist, were not applied or only partly applied, were published with a restriction, or when the manufacturer considers third-party verification necessary (Article 19).source

Documentation

  • EC Declaration of ConformityKept for 10 years after the toy is placed on the market.source
  • Technical documentation including the safety assessmentHazard analysis per Article 18, design and test information; kept 10 years.source
  • Instructions and warningsAnnex V warnings as worded, in the language(s) required by the Member State of sale.source

Marking requirements

  • CE marking affixed visibly, legibly and indelibly to the toy, to an affixed label or to the packaging (Article 17).source
  • Applicable Annex V warnings (e.g. 'Not suitable for children under 36 months' with the small-parts reason) preceded by 'Warning'/'Warnings'.source

Testing standards

Harmonised and designated standards lists change over time: confirm the currently cited version before testing.

EN 71-1EN 71-2EN 71-3EN IEC 62115

Key dates

  • 2011-07-20Directive 2009/48/EC applies (general requirements).source
  • 2013-07-20The directive's chemical requirements apply.source
  • 2026-01-01New Toy Safety Regulation (EU) 2025/2509 enters into force (adopted 26 November 2025, published 12 December 2025).sourceUnverified — check source
  • 2030-08-01Regulation (EU) 2025/2509 applies, repealing and replacing Directive 2009/48/EC. It adds a digital product passport for all toys and extends chemical bans (endocrine disruptors, intentionally added PFAS, the most dangerous bisphenols). Toys compliant with the directive may be made available until this date.source

Penalties

Member States set their own penalties for infringements, which must be effective, proportionate and dissuasive.sourceUnverified — check source

Further guidance

Applies to these product types

Frequently asked

What legally counts as a 'toy'?+

Any product designed or intended — whether or not exclusively — for use in play by children under 14. Dual-use products can still be toys; collectors' items, sports gear and the specific Annex I exclusions are not.

Do I need a notified body to sell toys in the EU?+

Usually not. If harmonised standards (EN 71 series, EN IEC 62115 for electric toys) cover all the toy's relevant safety requirements and you apply them, you self-verify. EC-type examination by a notified body is required when standards don't exist, weren't fully applied, or were published with restrictions.

Is third-party lab testing mandatory for toys?+

Testing at an external lab isn't itself the legal requirement — conformity with Annex II is. In practice, most manufacturers test against EN 71/EN IEC 62115 at accredited labs to evidence the presumption of conformity and support the mandatory safety assessment.

What changes under the new Toy Safety Regulation?+

Regulation (EU) 2025/2509 applies from 1 August 2030: every toy will need a digital product passport, chemical rules extend to endocrine disruptors and ban intentionally added PFAS and the most dangerous bisphenols, and enforcement is digitised. Until then the 2009 directive continues to apply.

Where does the CE mark go on a toy?+

Visibly, legibly and indelibly on the toy itself, on an affixed label, or on the packaging — and where warnings apply (like the under-36-months warning), they must use the exact Annex V wording.

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