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EU Consults Over Proposal to Allow Cobalt in Certain Toys

SafeGuardSToys and Juvenile ProductsJuly 17, 2025

SG 105/25

The European Union (EU) notifies the World Trade Organization (WTO) of its draft legislation to permit the use of cobalt in certain toy applications.

On July 9, 2025, the WTO announced a draft law from the European Commission to revise Directive 2009/48/EC on toy safety (Toy Safety Directive, TSD, current consolidated version to December 2022). The draft directive, attached to WTO document 25-4439, amends Appendix A of Annex II to the TSD by allowing cobalt, a carcinogenic, mutagenic or toxic for reproduction substance (CMR substance), to be used in three specified applications.

Highlights of the draft directive are summarized in Table 1.


Substance (Classification)Permitted use
Cobalt (CMR 1B)
  • Toys and toy components made of stainless steel (SS) containing nickel as an impurity
  • Toy components which are intended to conduct an electric current
  • In neodymium-based magnets (‘NdFeB magnets’) used in toys, provided these magnets cannot be swallowed or inhaled

Table 1

According to the WTO document and the draft directive, it is proposed that the draft directive will be:

  • Adopted in Q4 of 2025
  • Brought into force 20 days from its publication in the Official Journal of the EU (OJEU)
  • Brought into effect seven months after publication in the OJEU

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For further information, please contact:

HingWo Tsang

Dr. Hingwo

Tsang

Global Information and Innovation Manager

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