Commission Implementing Decision (EU) 2026/2032

Contents

THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council^note, and in particular Article 10(6) thereof,Whereas:

(1)In accordance with Article 13 of Directive 2009/48/EC of the European Parliament and of the Council^note, toys which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the requirements covered by those standards or parts thereof set out in Article 10 of, and Annex II to, that Directive.

(2)By Implementing Decision C(2022)7410^note, the Commission made a request to the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) for the drafting of new and the revision of existing harmonised standards for toys in support of the essential safety requirements that are set out in Directive 2009/48/EC (the ‘request’).

(3)On the basis of the request, CEN revised harmonised standard EN 71-4 2020 ‘Safety of toys – Part 4: Experimental sets for chemistry and related activities, the references of which are published in the Official Journal of the European Union by Commission Implementing Decision (EU) 2023/740^note. This led CEN to adopt harmonised standard EN 71-4:2020+A1:2025. Moreover, on the basis of the request, CEN adopted new standards EN 71-15: 2025 Safety of toys – Part 15: Formamide in foam toy materials (content) and EN 71-16:2025 Safety of toys – Part 16 Certain chlorinated phosphorus flame retardants (TCEP, TCPP, TDCP) in toy materials.

(4)The Commission, together with CEN, has assessed whether standards EN 71-4:2020+A1:2025, EN 71-15: 2025 and EN 71-16:2025 comply with the request.

(5)Harmonized standards EN 71-4:2020+A1:2025, EN 71-15: 2025 and EN 71-16: 2025 satisfy the essential safety requirements which they aim to cover and which are set out in Article 10 of Directive 2009/48/EC. It is therefore appropriate to publish the references of those harmonised standards in the Official Journal of the European Union.

(6)The Annex to Implementing Decision (EU) 2023/740 lists the references of harmonised standards drafted in support of Directive 2009/48/EC. To ensure that the references of harmonised standards drafted in support of Directive 2009/48/EC are listed in one act, the references of harmonised standards EN 71-4:2020+A1:2025, EN 71-15: 2025 and EN 71-16: 2025 should be included in that Annex.

(7)Harmonised standard EN 71-4:2020+A1:2025 replaces harmonised standard EN 71-4 2020. It is therefore necessary to withdraw he references of that standard from the Official Journal of the European Union. In order to allow toy manufacturers sufficient time to adapt their products to the revised specifications in standard EN 71-4:2020+A1:2025, it is necessary to defer the withdrawal of the references of harmonised standard EN 71-4 2020.

(8)Implementing Decision (EU) 2023/740 should therefore be amended accordingly.

(9)Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication,

HAS ADOPTED THIS DECISION: