Toy safety rules in Europe are amongst the most rigorous in the world. As a toy seller, it’s important to understand the obligations of manufacturers, who are responsible for the safety of their products. In the EU, products made available on the market must comply with the applicable legislation from the moment of placing on the market. This entails a series of obligations, including new requirements due to become effective in July 2021. We’ve summarized the obligations of most relevance below, to serve as a practical guide for Etsy sellers.
Friendly disclaimer: This information provides an overview for educational purposes only and is not legal advice. It is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The authors, Etsy, Inc. and Etsy Ireland UC disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of or reliance on these materials. Please consult a licensed lawyer in your area for legal assistance.
When is a product "Placed on the Market’?
The EU Toy Safety Directive applies to any toy that is ‘placed on the market’. A product is placed on the market when it is made available for the first time in the EU. This includes when a seller indicates that they ship to any EU country.
Etsy is unable to advise individual sellers on this issue. However, it is important for sellers to know that on Etsy, listings are automatically set to ship worldwide unless updated by the seller, regardless of the seller’s location. Please speak with a qualified expert to understand how these provisions may apply to you.
New products manufactured in the EU, as well as products imported from third countries—whether new or used (including vintage toys)—must meet the provisions of the applicable legislation when placed on the market.
What is Considered a ‘Toy’ in the EU?
In the EU, toy safety rules are covered by the Toy Safety Directive. These rules apply to toys, defined as "products designed or intended, whether or not exclusively, for use in play by children under 14 years of age." Annex I to the Directive lists types of products excluded from the Directive. The list, which is illustrative only, features products such as puzzles with more than 500 pieces or babies’ soothers (pacificiers), which are not considered toys but could easily be confused as such. Please note that safety rules for those products excluded from the Toy Safety Directive may be covered by other legislation.
A Manufacturer’s Checklist of Obligations Before Placing a Toy in the EU Market
“Manufacturers” are defined by the Toy Safety Directive as any person or entity that manufactures a toy or has a toy designed or manufactured and markets that toy under their name or trademark. Though Etsy sellers who make toys (with or without production assistance) likely fall under this definition, Etsy is unable to advise whether an individual seller or item meets this criteria. Please consult a qualified expert to understand how these provisions may apply to you.
Before toys can be placed on the EU market, a manufacturer (whether located in the EU or outside the EU) has to take the following steps:
✓ Draw up the technical documentation of the toy, which must contain all the relevant details of how the manufacturer guarantees that the toy complies with all safety requirements in the Toy Safety Directive and must be kept for a minimum of 10 years after the toy has been placed on the market.
✓ Carry out safety assessments. Manufacturers must abide by the rules related to the physical and mechanical, chemical, and electrical properties of toys, as well as flammability, hygiene and radioactivity. This includes carrying out the applicable safety assessment, where the manufacturer must identify potential hazards a toy may give rise to, and evaluates potential exposure to those hazards.
✓ Carry out conformity assessments, where the manufacturer can demonstrate compliance either through:
- Self-verification: This procedure is used in cases where harmonised standards cover all relevant safety aspects of a toy. A harmonised standard is developed by a recognised European Standards Organisation and is used to demonstrate that products, services, or processes comply with relevant EU legislation. The manufacturer applies the harmonised standards covering all relevant safety requirements for the toy and makes sure that the manufacturing process ensures compliance. The harmonised standards for toys are listed in Annex I here and you can stay up to date with the latest standards by following this European Commission RSS feed; or
- Third party verification: This procedure applies where harmonised standards cannot be fully applied, or where the manufacturer considers that the nature, design, construction or purpose of the toy requires third-party verification. In such cases a manufacturer submits an application for the EC-type examination to a notified body. A notified body is an organisation appointed by an EU country to assess the conformity of certain products before being placed on the market. The notified body examines the toy and issues an EC-type examination certificate if the toy meets EU safety requirements. The European Commission publishes and regularly updates a list of such notified bodies and organizations.
✓ Draw up the EC Declaration of Conformity: this is a document in which the manufacturer certifies that the toy complies with the essential safety requirements, and assumes responsibility for the toy’s compliance. The Declaration of Conformity has to be kept by the manufacturer and its authorised representative within the EU if applicable (see more on authorised representatives below) for a minimum of 10 years after the toy has been placed on the market.
✓ Affix the CE marking to the toy, either directly on the toy, on an affixed label or on the packaging. Affixing the CE marking serves as an indication by the manufacturer that the toy is in conformity with all the applicable requirements set out in EU legislation. If you are selling a small toy or toys that consist of small parts, you can affix the CE marking to a label or accompanying leaflet.
✓ Display contact information. Manufacturers must indicate their name and address on the toy, or if not possible, on the packaging or in an accompanying document.
✓ Affix instructions and warnings. The manufacturer must ensure that the toy is accompanied by instructions and safety information and bears the required warnings when appropriate.
New Requirement to Appoint an Authorized Representative for Non-EU Sellers
As part of the EU regulation on market surveillance and product compliance (Article 4 of Regulation (EU) 2019/1020) taking effect on July 16, 2021, non-EU sellers offering toys to buyers in the EU are required to fulfill certain obligations, including (1) appointing an EU-based “economic operator” before the toys are placed on the market and (2) including the name and contact details of the economic operator either on the product or in/on its packaging.
Does this apply to me or my Etsy shop listings?
This requirement generally applies to non-EU toy sellers who make their listings available to EU buyers. In addition to having an EU-based economic operator, non-EU toy sellers must list the economic operator’s name and contact details on the toy or in or on its packaging.
As a seller, you are required by Etsy’s policies, including our Terms of Use and Seller Policy, to comply with all laws and regulations that apply to you and your shop.
What is an “economic operator”?
An economic operator can be a manufacturer, importer, authorized representative, or fulfilment service provider. To comply with this requirement, the economic operator must be established in the EU.
The economic operator is generally responsible for verifying and keeping the product’s EU declaration of conformity or performance and technical documentation, as well as cooperating with authorities.
How do I find an economic operator?
Etsy sellers should research what economic operator is appropriate for them. Since Etsy can’t provide members with legal advice, you may consider speaking to a subject matter expert or an attorney if you have questions about whether this requirement applies to you and how to comply.
Etsy does not endorse any specific economic operator, but the below are examples of companies that represent that they provide economic operator services:
Further Information and Useful Links:
Understanding compliance procedures can be complicated for sellers. You can find more information and useful links regarding toy safety in the EU below:
- Toy Safety Directive
- Self-verification procedure in the conformity assessment: Decision No 768/2008/EC
- RSS feed to stay up to date on the latest harmonised standards, which may be updated by the European Commission through implementing acts (the latest harmonised standards were adopted in 2019).
- Toy Safety in the EU: a practical guide to the legal obligations of manufacturers, importers and distributors (by the European Commission and Toy Industries Europe)
- Official European Commission’s page on “Placing Toys in the Market”
- CE marking website
- Dedicated functional email to contact the European Commission’s DG GROW: GROW-TOYS@ec.europa.eu
- European Commission’s Guidelines for economic operators and market surveillance authorities
- Factsheet on the declaration of conformity
- Factsheet on traceability
- Factsheet on warnings
- Factsheet on the safety assessment and conformity assessment procedures
Words by Etsy Staff
