Safety of toys

Toys are designed for a particularly vulnerable group of consumers. The toy plays a central role in the child’s play activities, which are so important for their development.

Children have total confidence in their toys. Producers are responsible for their products and must ensure that they do not pose any risks.

The official definition of a toy is ‘Any product or part thereof designed or clearly intended for play by children aged under 14 years. The primary purpose of the product or part thereof is therefore play’.

For information on other children’s items, please visit the following pages:

• Pseudo-toys
• Childcare items (general)

Laws and regulations

Producers' obligations

Laws and regulations

Toys must satisfy the safety requirements of the Law of 9 February 1994 on the safety of products and services. 

The requirements and conditions specific to placing on the market of toys are set out in the Royal Decree of 4 March 2002 on the safety of toys. The Royal Decree was amended on 30 December 2009 following partial transposition of Directive 2008/112/EC.
The first annex of this Royal Decree contains a list of products for which these regulations do not apply.

Following the results of a market surveillance campaign on puzzle mats, the Minister took a precautionary measure in the form of a Ministerial Decree. The Ministerial Decree of 13 December 2010 on the suspension of the market entry of EVA puzzle mats entered into force on 16 December 2010, the date of its publication.

Changes to regulations from 1 December 2010

Fundamental changes introduced by the Royal Decree of 30 December 2009 following the partial transposition of Directive 2008/112/EC:

• The amended decree incorporates classification and labelling criteria for substances and mixtures as defined by the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) which was adopted at international level within the United Nations; the incorporation of GHS criteria results in the introduction of new classes and categories of risk.

• The amended decree also takes into account the REACH regulations (regulations concerning the registration, evaluation and authorisation of chemicals) with regard to the replacement of the word ‘preparation(s)’ with the word ‘mixture(s)’. 

Producers’ obligations

The manufacturer cannot place a toy on the market unless it meets the following conditions:

• it satisfies essential safety requirements;
• it has CE marking (PDF, 214.94 Kb);
• the name and/or business name and/or trademark and address of the producer are shown visibly, legibly and indelibly on the toy or packaging;
• it has clearly legible and appropriate instructions for reducing risk during use. 

For small toys and toys consisting of small parts, these instructions may be affixed to the packaging, labelling, or a notice, provided the consumer’s attention is drawn to the advisability of keeping them.

The categories of toys that must display clearly legible and appropriate instructions for reducing risk during use are listed below. These warnings must be indicated in the instructions. These toys include:

• products not intended for children aged under 36 months;
• slides, suspended swings and rings, trapezes, ropes and similar toys attached to a climbing frame;
• functional toys;
• toys containing dangerous substances or preparations;
• synthetic toys;
• skateboards and roller skates for children;
• water toys.

These warnings and usage precautions must be written in the language(s) of the region where the toys are placed on the market.

To demonstrate that the toy meets the essential safety requirements and that the CE marking can be affixed, the manufacturer has a choice between two procedures:

• self-certification;
• EC type examination by a Notified Body.