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EN 71: toy safety in the European Union

Guide · EU toys

Toys placed on the European Union market fall under Directive 2009/48/EC, the Toy Safety Directive (TSD), which makes CE marking mandatory and sets in Annex II a body of essential safety requirements (mechanical, flammability, chemical, electrical, hygiene, radioactivity). Presumption of conformity is obtained by applying the harmonised EN 71 series, supplemented by EN 62115 for electric toys. This page covers the directive's scope, the structure of the EN 71 series part by part, the detail of EN 71-3 on migration of 19 elements, the adjacent texts (RoHS, REACH, EMC, RED for connected toys), marking and traceability, and the cases that trigger Notified Body involvement.

Article 2 defines a toy as a product designed or intended, whether or not exclusively, for use in play by children under 14 years of age. The intended-use criterion prevails over the commercial one: a product marketed as decoration but obviously intended for play (plush toys sold in pharmacies, figurines given out by fast-food chains) falls in scope.

Annex I lists 19 categories of product that look like toys but are not toys for the purposes of the directive. The most useful to know during product framing:

  • public playground equipment for collective use (covered by EN 1176);
  • sports equipment and sport bicycles (excluding small learner bikes);
  • faithful replicas of firearms;
  • puzzles of more than 500 pieces;
  • precision scale models for adult collectors, clearly labelled as such;
  • festive decorations and professional fashion items;
  • aquatic equipment intended for use in deep water;
  • video games, books, school badges;
  • educational construction kits aimed at advanced teenagers (under conditions).

This filter is the first step in product framing. A product that is not a toy may still fall under another directive (playground equipment under EN 1176, PPE under 2016/425, and others) but falls outside 2009/48/EC.

How the directive and the EN 71 series fit together

Section titled “How the directive and the EN 71 series fit together”

Directive 2009/48/EC sets essential requirements in Annex II across eight families:

Annex II partEssential requirement
IPhysical and mechanical properties
IIFlammability
IIIChemical properties
IVElectrical properties
VHygiene
VIRadioactivity
VII (Annex V)Warnings
VIII (article 11)Specific requirements for toys intended for use in water

The harmonised EN 71 standards spell out the test methods and thresholds that demonstrate conformity with those requirements. A harmonised standard cited in the Official Journal of the European Union carries presumption of conformity for the essential requirement it covers, within the scope of the standard. For electrical requirements (Annex II part IV), the reference standard is not in the EN 71 series but is named EN 62115.

Fourteen main parts, each dedicated to one risk family or to a category of toy.

PartScopeMethod
EN 71-1Mechanical and physical propertiesSmall parts, sharp edges, projectiles, choking hazards, ride-ons, toys for children under 36 months
EN 71-2FlammabilityFire behaviour of the material, propagation speed, set-back distance for headgear and disguises
EN 71-3Migration of certain elements19 elements, three material categories, dosing in an acid simulating gastric fluid
EN 71-4Experimental sets for chemistry and related activitiesSpecification of substances, maximum dose, instructions and safety data sheet
EN 71-5Chemical toys other than experimental setsModelling pastes, non-finger paints, casting kits
EN 71-6Graphical symbol for age warningThe crossed-out 0-3 years pictogram, dimensions and legibility
EN 71-7Finger paintsRequirements and test methods specific to finger paints
EN 71-8Activity toys for domestic useSlides, swings, playframes for private use
EN 71-9Organic chemical compounds, requirementsMigration limits for solvents, monomers, preservatives
EN 71-10Organic chemical compounds, sample preparationExtraction and preparation procedures
EN 71-11Organic chemical compounds, analytical methodsChromatography, spectrometry, quantification
EN 71-12N-nitrosamines and N-nitrosatable substancesElastomers in mouth contact (toy teats, balloons)
EN 71-13Olfactory games, cosmetic kits, gustative gamesIngredient safety, labelling, doses
EN 71-14Trampolines for domestic useConstruction, stability, fall height, safety net

The exact list of versions cited in the OJEU evolves by Commission implementing decision. The reflex to keep is to verify the in-force version at the time of the EU declaration of conformity (DoC), via the Commission's consolidated page or EUR-Lex.

EN 71-3 is the most discussed part in practice because it drives raw-material selection (plastics, paints, inks, textiles, metal alloys) and is the subject of systematic analytical testing.

The test simulates contact between a child and the toy by mouthing or ingestion. A sample is immersed in a hydrochloric acid solution simulating gastric juice for a defined duration, at 37 degrees C. The concentration of released elements is then measured by spectrometry (most often ICP-MS). The result is compared with a limit expressed in mg of migration per kg of material.

Annex II Part III point 13 of the directive distinguishes three material categories, with different limits because the plausible ingested quantity differs.

CategoryDescriptionExamples
Category 1Dry, brittle, powder-like or pliable materialChalk, hard modelling clay, wooden toys, dry paints
Category 2Liquid or sticky materialLiquid paints, inks, slime, finger paints
Category 3Scraped-off materialScraped film from a surface coating

The category 2 (liquid) migration limits are roughly four times lower than category 1 (dry), and category 3 (scraped) limits roughly fifty times lower, because the exposure per cm-squared is very different.

ElementForm(s)Why it is in scope
AluminiumAlFound in pigments, additives, alloys
AntimonySbFlame retardant, catalyst in PET
ArsenicAsKnown carcinogen, old pigments
BariumBaPigments (yellow, white), PVC stabilisers
BoronBBorax, slime, fluxes
CadmiumCdRed and yellow pigments, PVC stabilisers
Chromium (III)Cr(III)Leather tanning, green pigments
Chromium (VI)Cr(VI)Carcinogen, anti-corrosion treatments
CobaltCoBlue pigments, inks
CopperCuAlloys (brass, bronze), pigments
LeadPbOld paints, PVC stabilisers, solder
ManganeseMnPigments, steel alloys
MercuryHgPreservatives, old fungicides
NickelNiSkin allergen, alloys
SeleniumSeDeep red pigments, semiconductors
StrontiumSrPigments, alloys
Tin (total)SnSolder, alloys, PVC stabilisers
Tin (organic)organotin compoundsBiocides, PVC stabilisers, neurotoxic
ZincZnPigments, alloys, galvanising

Numerical migration values (in mg/kg of material) are set in Annex II Part III point 13 of 2009/48/EC, as a three-column table (category 1, 2, 3). The values have been revised by successive delegated acts (notably for lead, chromium VI, aluminium, cobalt), and the consolidated table must be read on the EUR-Lex consolidated version at the date of assessment.

By way of example, lead's category 1 limit went from 13.5 mg/kg in the original 2009 text to 2.0 mg/kg under Commission Delegated Regulation (EU) 2017/738. The EUR-Lex consolidation is the only enforceable document.

UseWho does it
Specify raw materials upstreamDesign office, material supplier, manufacturer
Validate a batch via accredited laboratory testingTest laboratory, manufacturer
Document the technical file and the DoCManufacturer, importer

For the structure of the technical file and the EU declaration of conformity that apply to a toy, see the CE technical file and the CE procedure, which still apply here (2009/48/EC sits within the new legislative framework).

EN 71-2 covers the fire behaviour of the materials used in toys and sets thresholds on flame propagation speed. The categories warranting the closest attention:

  • disguises and headgear likely to be worn near candles (with a maximum propagation speed specified);
  • plush toys, whose long pile presents a fast-spread risk;
  • play tents and igloos, whose walls must be self-extinguishing;
  • masks in foam or cellulose, worn close to the face.

The standard explicitly excludes materials that are non-flammable by nature (metals, ceramics, glass). The relevant test methods include a vertical flame test, a surface flash test for raised-pile materials, and a propagation test on textile samples cut to fixed dimensions. Results are compared to the burning rate ceilings set in EN 71-2 for the category at hand. A common failure mode on cheap costume textiles is exceeding the burning rate on the surface flash test, which can be remedied by treating the fabric or by changing the fibre blend.

Toys powered by battery, accumulator or an external transformer fall under Annex II part IV (electrical properties) of the directive. The associated harmonised standard is EN 62115 (formerly EN 50088), not a part of the EN 71 series.

EN 62115 covers:

  • insulation and dielectric strength;
  • temperature rise in normal and fault conditions;
  • mechanical strength of connectors;
  • prevention of tipping and entrapment;
  • battery safety (accessibility, polarity, short circuit).

The Low Voltage Directive (LVD) 2014/35/EU does not apply to the toy itself when its internal supply stays below 75 V DC or 50 V AC, which covers nearly all battery-powered toys. The external transformer, on the other hand, falls under the LVD and the harmonised standard EN 61558-2-7 (safety isolating transformers for toys).

EMC and radio (electronic and connected toys)

Section titled “EMC and radio (electronic and connected toys)”

Every toy containing an active electronic circuit is subject to the EMC Directive 2014/30/EU. The generic harmonised standards (EN 55014-1 for emissions, EN 55014-2 for immunity, both for household and similar appliances including toys) apply first.

If the toy embeds a radio transmitter (Wi-Fi, Bluetooth, BLE, Thread, sub-GHz, active NFC), the applicable directive shifts to the Radio Equipment Directive 2014/53/EU, which then covers EMC (article 3.1(b)), spectrum (article 3.2) and cybersecurity (article 3.3, applicable since 1 August 2025). See the RED procedure and the RED harmonised standards table for radio-technology-driven standards selection.

Since 1 August 2025, sub-articles 3.3(d) network protection, 3.3(e) personal data protection and 3.3(f) fraud protection are activated for radio equipment capable of exchanging data. Connected toys (interactive plush toys with voice recognition, educational robots, kids' smart watches with a radio module) fall in scope.

Harmonised standards:

  • EN 18031-1 for 3.3(d), network resource protection;
  • EN 18031-2 for 3.3(e), personal data protection (particularly relevant to a toy collecting voice, images or a user account);
  • EN 18031-3 for 3.3(f), financial fraud protection (less common on a toy, except where the toy supports in-app purchases).

See the RED scope page for the decision grid between RED and EMC-only framing.

The RoHS 2 directive covers electrical and electronic equipment placed on the EU market and applies without ambiguity to electronic toys (category 7 of Annex I, "toys, leisure and sports equipment"). It restricts ten substances against a threshold expressed at the homogeneous material level, distinct from the EN 71-3 migration concept.

SubstanceLimit (% by mass, homogeneous material)
Lead0.1
Mercury0.1
Cadmium0.01
Hexavalent chromium0.1
PBB (polybrominated biphenyls)0.1
PBDE (polybrominated diphenyl ethers)0.1
DEHP (phthalate)0.1
BBP (phthalate)0.1
DBP (phthalate)0.1
DIBP (phthalate)0.1

The four phthalates were added in 2015 (delegated act 2015/863) and have applied to toys and electronics since 22 July 2019. The thresholds are expressed per homogeneous material, that is a material that cannot be mechanically separated without being destroyed (a cable is an assembly of several homogeneous materials: copper core, PVC insulation, outer jacket, each subject to its own limit).

The REACH regulation applies to every chemical substance produced or imported above 1 tonne per year. The opposable items for toy manufacturers:

  • substances of very high concern (SVHC) on the candidate list (article 33), to be communicated within articles when present above 0.1 % by mass;
  • Annex XVII restrictions, the best-known of which for toys covers six phthalates (DEHP, BBP, DBP, DINP, DIDP, DNOP) at 0.1 % by mass, with a stricter regime for toys or childcare articles likely to be placed in the mouth;
  • restrictions on PAHs (polycyclic aromatic hydrocarbons) in rubbers and plastics with prolonged skin or mouth contact;
  • restrictions on certain azo dyes in textiles, for example plush toys.

REACH sits alongside EN 71-3 rather than replacing it: the same toy must meet both EN 71-3 migration limits (what is released by oral contact) and REACH Annex XVII thresholds (what is present in the material).

Article 17 of the directive mandates the CE marking, visible, legible and indelible, on the toy or, where technically impossible, on the packaging and the instructions. The minimum CE height is 5 mm unless a specific derogation applies.

The traceability information (article 4 for the manufacturer, article 6 for the importer) includes:

  • name, registered trade name or registered trade mark;
  • a single postal address at which the manufacturer can be contacted in the Union;
  • type, batch or serial number, or any other element of identification;
  • model number.

The warnings set in Annex V of the directive must be visible, legible and easily understandable in the language of the Member State of placing on the market. The crossed-out 0 to 3 years pictogram, standardised in EN 71-6, is mandatory for toys not intended for children under 36 months but that could appear attractive to them and present a risk (small parts, sharp points, and so on).

TypeWarning (Annex V part B)
Not for children under 36 monthsCrossed-out 0-3 pictogram + statement of the risk (for example small parts)
Aquatic toys"Warning. Only to be used in water in which the child is within its depth and under supervision."
Functional toys"Warning. To be used under the direct supervision of an adult."
Chemical toys"Warning. Only for children aged over [age]. To be used under adult supervision."
Skates, skateboards"Warning. Protective equipment should be worn."
Toys inside food"Warning. Toy inside. Adult supervision recommended."
Trampolines for domestic use"Warning. For use by one child at a time. Somersaulting is dangerous."

Article 19 of 2009/48/EC draws two assessment modules from Decision 768/2008/EC.

CaseModuleNotified Body
All Annex II essential requirements are covered by harmonised standards and the manufacturer applies them in fullModule A (internal production control, Annex II of 2009/48/EC)Not required
At least one essential requirement is not covered by a harmonised standard, or the manufacturer applies them only in partModule B (EU-type examination, Annex IV of 2009/48/EC) + internal follow-upYes

EU-type examination involves submitting the technical file and a representative sample to a Notified Body, which verifies conformity with the essential requirements and issues an EU-type examination certificate. The Commission's NANDO database lists Notified Bodies for 2009/48/EC. The general module mechanics are explained in self-declaration vs Notified Body.

In practice, module B is triggered fairly often on innovative toys. Examples of situations where no fully covering harmonised standard exists:

  • a new sensor or actuator type embedded in a soft toy (haptic feedback, microfluidic);
  • a magnetic toy with unusually high pull force, where EN 71-1 small-magnet provisions need a complementary assessment;
  • a chemistry kit that goes beyond the substance list in EN 71-4 or uses preparations not yet referenced;
  • a connected toy whose radio link uses a technology not yet covered by a harmonised RED test standard.

In those cases, the Notified Body fills the standardisation gap with a custom assessment, often citing IEC, ISO or national standards as an alternative route to conformity.

PitfallConsequence
Assuming an "adult collector" product without a clear label escapes 2009/48/ECPossible requalification as a toy by market surveillance, recall
Applying EN 71-3 without checking the consolidated limits in Annex II Part III point 13Conformity based on outdated values (the lead case, lowered to 2.0 mg/kg in 2017)
Confusing RoHS limits (homogeneous material) with EN 71-3 limits (migration into simulant)Material specification miscalibrated, test failure
Omitting the crossed-out 0-3 warning on a product attractive to young childrenFormal non-conformity, market surveillance finding, recall
Treating the LVD as applicable to a battery-powered toyUseless over-specification; conversely, missing the LVD on the external transformer
Treating a connected toy under EMC onlyRED framing missed, article 3.3 absent from the file since August 2025
Skipping the REACH article 33 declaration for SVHC above 0.1 %Liability on consumer report, ECHA may be involved
Mixing the EN 71-1 version cited in the OJEU with a later non-yet-harmonised versionPresumption of conformity invalid until the new version is cited

Sources & references

  1. Directive 2009/48/EC on the safety of toys , EUR-Lex eur-lex.europa.eu/eli/dir/2009/48/oj
  2. European Commission page, toy safety , European Commission single-market-economy.ec.europa.eu/sectors/toys_en
  3. List of harmonised standards under 2009/48/EC (implementing decision) , European Commission single-market-economy.ec.europa.eu/single-market/european-standards/harmonised-standards/toys_en
  4. CEN, technical committee CEN/TC 52 (safety of toys) , CEN www.cen.eu/
  5. Directive 2011/65/EU (RoHS 2) , EUR-Lex eur-lex.europa.eu/eli/dir/2011/65/oj
  6. Regulation (EC) No 1907/2006 (REACH) , EUR-Lex eur-lex.europa.eu/eli/reg/2006/1907/oj