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EU toys adoption of restriction of BPA and flame retardants expands exemption of nickel

The EU Commission Committee for Toy Safety recently voted in favour of adoption of the restriction of BPA and three flame retardants. The Committee was also in favour of exempting nickel as a Carcinogenic, Mutagenic or Reprotoxic (CMR) substance in toy components intended to conduct an electric current. After a check by the European Parliament and Council, there will be a transitional period before the measures are enforced. As the control process by the European Parliament and Council is ongoing the date of publication coming into force is not known.

On 18 February 2014, the EU Commission Committee for the Toy Safety Directive 2009/48/EC (TSD) voted in favour of adopting three measures to amend the TSD. The three measures are:

1. To restrict the migration of bisphenol A (BPA) (CAS 80-05-7) in toys. The migration limit of 0.1 mg/L is identical to EN 71-92.

2. To restrict the 3 flame retardants3

  • tris(2-chloroethyl) phosphate (TCEP) (CAS No 115-96-8)
  • tris(2-chloro-1-methylethyl) phosphate (TCPP) (CAS 13674-84-5)
  • tris[2-chloro-1-(chloromethyl)ethyl] phosphate (TDCP) (CAS 13674-87-8)

3. To expand the exemption of nickel to toy components intended to conduct an electric current4.

The three measures will enter into force when they have been formally adopted by the European Council and Parliament and published in the Official Journal of the European Union (OJEU). Highlights of the three adopted measures are summarised in the table below.







Proposed Effective Date


Appendix C of Annex II to TSD



EN 71 Parts


≤ 0.1 mg/L


18 months after publication in OJEU


  • Toys intended for children under 36 months
  • Other toys intended to be placed in the mouth

Not designated

≤ 5 mg/kg


Not designated

≤ 5 mg/kg


Not designated

≤ 5 mg/kg

Appendix A of Annex II to TSD


  • Toy components which are intended to conduct an electric current


Permitted to be used

12 months upon publication in OJEU


  • The use of  nickel in toys and toy components made of stainless steel is exempted under the TSD

SGS offers a wide range of services to ensure that your products comply with the EU Toy Safety Directive. We offer training, safety/risk assessment, technical documentation check, labelling review, testing according to harmonised standards, SVHC screening, inspections and audits. With the largest global network of toy experts and testing facilities around the world - around 20 toy labs worldwide including 4 EU Notified Bodies (France, UK, Germany and Netherlands), SGS is the partner to trust. Please do not hesitate to contact us for further information or visit our website.


1 SGS-Safeguard 144/13

2 Document D029355/04, 18 February 2014

3 Document D029354/04, 18 February 2014

4 Document D031909/02, 18 February 2014

Email SGS Hong Kong Ltd. at mktg.hk@sgs.com for enquiries or visit http://www.hk.sgs.com/.

Content provided by SGS Hong Kong Limited
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