SG 116/26
The European Union (EU) has notified the World Trade Organization (WTO) of a draft directive to revise its law governing toy safety requirements.
On August 11, 2026, the WTO announced a draft directive from the EU to amend Directive 2009/48/EC on toy safety (Toy Safety Directive, TSD, current consolidated version to December 2022).
What does the draft directive require and when does it apply?
Key proposed changes in the draft law include:
- Adding 2-(4-tert-butylbenzyl) propionaldehyde, commonly known as Lilial, to the ‘Prohibited List’ of allergenic fragrances in Part III, Point 11 to Annex II of TSD. This substance may eventually be removed from the ‘Labeling List’ of allergenic fragrances (substance No 7 to Part III, Point 11 to Annex II of TSD)
- Updating the requirements for bisphenol A (BPA), 1,2-benzisothiazol-3-(2H)-one (BIT) and phenol under Appendix C of the TSD, with a stricter migration limit for BPA and removing references to EN 71-10:2005 and EN 71-11:2005 for these three substances (see Table 1 below)
| Appendix C of TSD (toy material) | Draft Directive to amend Appendix C of TSD (toy material) | |
| Scope | Toys intended for use by children under 36 months or in other toys intended to be placed in the mouth | |
| BPA | 0.04 mg/L migration using EN 71-10:2005 and EN 71-11:2005 | 0.005 mg/L migration¹ |
| BIT | 5 mg/kg content (aqueous) in accordance with EN 71-10:2005 and EN 71-11:2005 | 5 mg/kg content (aqueous)¹ |
| Phenol | 5 mg/L migration (polymeric) and 10 mg/kg content (preservative), both in accordance with EN 71-10:2005 and EN 71-11:2005 | 5 mg/L migration (polymeric) and 10 mg/kg content (preservative)¹ |
| Date of applicability | In force | 12 months after the date of publication in the Official Journal of the EU (OJEU) |
| ¹With EN 71 Parts 10 and 11 removed from Appendix C to Annex II of the TSD, EN 71-17:2025, EN 71-18:2025 and EN 71-19:2025 may be assessed and, where appropriate, referenced in the OJEU to provide presumption of conformity with the applicable limit value (SafeGuardS 25/25 and 48/25) | ||
Table 1
Who is impacted?
The proposal would affect stakeholders throughout the toy supply chain, including manufacturers, importers, retailers and other intermediaries operating in the EU market.
When is the deadline for submitting comments?
Comments will be accepted until October 10, 2026, with adoption of the draft directive anticipated in Q4 2026. If adopted, the amendments are expected to enter into force in Q4 2026.
It is worth noting that the EU Toy Safety Regulation (TSR) will generally apply from August 1, 2030, although certain provisions will take effect earlier (SafeGuardS 187/25). Until then, Directive 2009/48/EC remains applicable during the transition period, making the proposed interim chemical amendments relevant to toys marketed before the TSR becomes generally applicable.
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