EU toy safety · Directive 2009/48/EC
Is your item a toy under EU law?
The Toy Safety Directive only applies to items designed or intended for play by children under 14 — and a closed list of products are carved out. Describe your item and find out whether it is a toy (CE + EN 71), a non-toy, or excluded.
The rule, in one line
Under the Toy Safety Directive 2009/48/EC, an item is a 'toy' (CE marking + EN 71) only if it is designed or intended, whether or not exclusively, for use in play by children under 14. Annex I lists products that are NOT toys — collectors' items marked 'for collectors 14+', puzzles over 500 pieces, sports equipment for children over 20 kg, bicycles with a saddle over 435 mm, archery bows over 120 cm, fireworks and more. Five products in Article 2(2) (public playground equipment, public playing machines, combustion-engine toy vehicles, toy steam engines, slings/catapults) are toys but excluded from the Directive.
Official sources: Directive 2009/48/EC · European Commission — guidance · EC — Toy safety
Toy Safety Directive scope
TOY — in scope
Your item is a toy under the Directive. It needs CE marking, conformity with the EN 71 standards and the Annex II safety requirements, and a technical file before it is placed on the market.
Legal basis: Article 2(1)
Heads-up: the law is changing
Directive 2009/48/EC is the applicable framework today. Regulation (EU) 2025/2509 replaces it from 2030-08-01, after a transition during which Directive-compliant toys may still be placed on the market. This verdict reflects the Directive.
Per-item memo
Toy scope memo (PDF) · €29
A print-ready pack for one item: the scope verdict, the legal basis (Article / Annex point), the exact thresholds, the 2030 transition note, and source links — for your compliance file.
This is guidance, not legal advice. The export restates the scope rules for your inputs; it does not run a safety test or determine CE eligibility.
What this tool is — and isn't
This checker gives an orientation on Toy Safety Directive scope (Directive 2009/48/EC) from the item you describe, using the European Commission guidance. It is an estimate and orientation, not legal advice or a conformity assessment, and it does not determine CE eligibility, run an EN 71 / Annex II evaluation, or replace a Member State authority ruling. Verify against the linked official sources.
How the determination works
1. The definition
An item is a toy if it is designed or intended — whether or not exclusively — for play by children under 14. Dual use with real play value still counts.
2. The carve-outs
Annex I lists products that are not toys (with exact thresholds: over 500 puzzle pieces, over 20 kg sports gear, over 435 mm saddle, over 120 cm bow, over 24 V educational products). The collectors' exemption needs a visible 'for collectors 14+' mark.
3. The Article 2(2) exclusions
Five products are toys but excluded from the Directive: public playground equipment, public playing machines, combustion-engine toy vehicles, toy steam engines, and slings/catapults.
Frequently asked questions
- What makes something a 'toy'?
- Being designed or intended, whether or not exclusively, for use in play by children under 14. That brings it under the Toy Safety Directive — CE marking, EN 71 and a technical file.
- Is a collectors' item a toy?
- Not if the product or its packaging carries a visible and legible 'for collectors of 14 years of age and above' indication. Without that mark, an item that appeals to children can still be a toy.
- Are big puzzles toys?
- Puzzles with more than 500 pieces are on the Annex I non-toy list, so the Toy Safety Directive does not apply to them.
- What about public playground equipment?
- It is a toy by definition but Article 2(2) excludes it from the Directive — other rules (e.g. national playground standards, GPSR) govern it.
- Is this changing?
- Yes. Regulation (EU) 2025/2509 replaces Directive 2009/48/EC from 1 August 2030, after a transition. This tool reflects the Directive that applies until then.
- Is this legal advice?
- No. This tool gives orientation on scope. It is not legal advice or a conformity assessment, and it does not run a safety test or determine CE eligibility. Verify against the linked official sources.