GPSR for Toys: Additional Requirements

A seller importing wooden puzzles, plush toys and building block sets for children from China assumed that GPSR compliance and appointing a Responsible Person would be enough. While preparing to launch on Amazon, it turned out that toys are additionally subject to Directive 2009/48/EC on the safety of toys. That means mandatory CE marking, a declaration of conformity and full technical documentation, considerably more extensive than for an ordinary consumer product. The GPSR Regulation (EU) 2023/988 acts here as a complementary layer, not a replacement for sector-specific rules. Let's look at exactly what needs to be met.

Two layers of rules for toys

Toys are a regulated category where two regimes apply in parallel. Directive 2009/48/EC (the Toy Safety Directive) sets out detailed safety requirements, CE marking and conformity assessment. GPSR supplements them with general obligations covering traceability, RP details, warnings and cooperation with authorities. The rule is: for toys, you first meet the sector-specific rules (the Toy Safety Directive), and GPSR fills in the picture wherever the directive doesn't reach.

CE marking and the declaration of conformity

Every toy placed on the EU market must carry the CE marking, confirming conformity with Directive 2009/48/EC. In addition, the manufacturer draws up an EU Declaration of Conformity, declaring that the requirements are met. Without CE marking and the declaration, a toy cannot be legally sold to consumers in the EU.

Key toy safety requirements

The Toy Safety Directive imposes requirements in several areas:

• Mechanical and physical safety — no sharp edges, no choking hazard from small parts,
• Chemical safety — limits on hazardous substances (e.g. heavy metals, phthalates),
• Flammability — restrictions on flammable materials,
• Electrical requirements — for battery- or mains-powered toys,
• Hygiene — particularly for toys intended for the youngest children.

Warnings and age labelling

Toys require specific warnings, which must be in Polish when sold in Poland. The most common are age warnings and small-parts warnings.

Element	Requirement
CE marking	Mandatory, visible on the toy or its packaging
Age warning	E.g. "Not suitable for children under 3 years" with the symbol
Small-parts warning	Choking hazard, in Polish
Manufacturer and RP details	Name, address, contact details
Product identifier	Batch or model number

Technical documentation for a toy

The technical documentation for a toy is more extensive than for an ordinary product and includes, among other things:

• a description of the toy and its construction,
• a safety assessment and hazard analysis,
• test results (mechanical, chemical, flammability),
• the EU Declaration of Conformity,
• the harmonised standards applied (e.g. from the EN 71 series).

The documentation must be kept and made available to surveillance authorities. We cover the role and duties of the RP in RP for a seller based outside the EU — obligations.

What GPSR adds, what the directive doesn't cover

GPSR adds elements to toys that make market surveillance easier: a traceability obligation, clear RP details in the online listing, procedures for reporting accidents, and a withdrawal-and-recall mechanism. If a toy turns out to be dangerous, it is GPSR and Safety Gate that trigger the withdrawal process. More on this in Safety Gate, reporting and product withdrawal — GPSR.

Checklist for a toy seller

• confirm that the manufacturer applied CE marking and drew up a declaration of conformity,
• gather technical documentation compliant with Directive 2009/48/EC,
• provide age and small-parts warnings in Polish,
• appoint an RP in the EU and state their details in the listing,
• prepare a procedure for a product withdrawal, should one become necessary.

Frequently asked questions

Does GPSR replace the Toy Safety Directive?

No. Toys are subject to Directive 2009/48/EC with CE marking, and GPSR supplements it with regard to traceability, RP details and withdrawal procedures.

Does every toy need CE marking?

Yes. Without CE marking and an EU Declaration of Conformity, a toy cannot be legally placed on the EU market.

Must warnings for toys be in Polish?

Yes. Warnings, including age and small-parts warnings, must be in Polish when sold to consumers in Poland.

Who is responsible for the technical documentation of an imported toy?

The manufacturer draws it up, and the importer or authorised representative acting as RP must hold it and make it available to surveillance authorities.