Digital product passport
1. Before placing a toy on the market, the manufacturer shall create a digital product passport for the toy. The digital product passport shall meet the requirements laid down in this Article and Article 20.
2. The digital product passport shall:
(a)
correspond to a specific toy model;
(b)
state that compliance of the toy with the requirements set out in this Regulation and, in particular, the essential safety requirements, has been demonstrated;
(c)
contain at least the data set out in Part I of Annex VI;
(d)
be accurate, complete and up to date;
(e)
be available in the language or languages required by the Member State where the toy is made available on the market;
(f)
be accessible to consumers or other end users, market surveillance authorities, customs authorities, notified bodies, the Commission and other economic operators in accordance with the access rights set out pursuant to Article 49(1), point (d);
(g)
be available for a period of 10 years after the toy is placed on the market, including in cases of insolvency, liquidation or cessation of activity in the Union of the economic operator that created the digital product passport;
(h)
be connected through a data carrier to a persistent unique product identifier; and
(i)
fulfil the specific and technical requirements laid down pursuant to Article 49(1).
3. In addition to the data referred to in paragraph 2, the digital product passport may contain the data set out in Part II of Annex VI.
4. By creating the digital product passport, the manufacturer shall assume responsibility for the compliance of the toy with this Regulation.
5. Where the digital product passport created in accordance with this Regulation for a toy includes all the information required for the declaration of conformity in accordance with, as applicable, Regulation (EU) 2024/1689 or (EU) 2024/2847, Directive 2011/65/EU ( 25 ) , 2014/30/EU ( 26 ) , 2014/35/EU ( 27 ) or 2014/53/EU of the European Parliament and of the Council or Commission Delegated Regulation (EU) 2019/945 ( 28 ) , the following provisions shall apply:
(a)
manufacturers and, where applicable, providers of high-risk AI systems shall be deemed to comply with the obligation to draw up an EU declaration of conformity in accordance with, as applicable, Article 16, point (g), of Regulation (EU) 2024/1689, Article 13(12) of Regulation (EU) 2024/2847, Article 7, point (c), of Directive 2011/65/EU, Article 7(2) of Directive 2014/30/EU, Article 6(2) of Directive 2014/35/EU, Article 10(3) of Directive 2014/53/EU or Article 6(2) of Delegated Regulation (EU) 2019/945;
(b)
manufacturers shall also be deemed to comply, where applicable, with the obligation set out in Article 13(20) of Regulation (EU) 2024/2847, Article 10(9) of Directive 2014/53/EU or Article 6(8) of Delegated Regulation (EU) 2019/945;
(c)
by drawing up the digital product passport, manufacturers shall assume responsibility for the compliance of the toy with the requirements laid down in the applicable Regulations or Directives;
(d)
economic operators and, where applicable, providers of high-risk AI systems shall use the digital product passport to fulfil their obligations related to the declaration of conformity in accordance with, as applicable, Article 18(1), point (e), Article 22(3), points (a) and (b), Article 23(1), point (c), Article 23(5) and Article 24(1) of Regulation (EU) 2024/1689, Article 13(13), Article 18(3), point (a), and Article 19(2) and (6) of Regulation (EU) 2024/2847, Article 7, points (c) and (d), Article 8, point (b), and Article 9, point (g), of Directive 2011/65/EU, Article 7(2) and (3), Article 8(2), point (a), and Article 9(7) of Directive 2014/30/EU, Article 6(2) and (3), Article 7(2), point (a), and Article 8(8) of Directive 2014/35/EU, Article 10(3) and (4), Article 11(2), point (a), and Article 12(8) of Directive 2014/53/EU or Article 6(3) and (4), Article 7(2), point (a), and Article 8(8) of Delegated Regulation (EU) 2019/945.
6. Where manufacturers rely on the provisions set out in paragraph 5 for the purpose of fulfilling their obligations related to the declaration of conformity, the digital product passport shall contain the information set out in point (h) of Annex VI.
7. The data carrier shall be physically present on the toy or on an affixed label. Where the size or nature of the toy does not allow it, it shall be affixed to the packaging, if any, or on documentation accompanying the toy, in accordance with the delegated act adopted pursuant to Article 49(1). It shall be clearly visible to the consumer or other end users before any purchase and to market surveillance authorities, including in cases where the toy is made available on the market through distance sales.
8. Where other Union law requires information on the toy to be available via a data carrier, a single data carrier shall be used to provide the information required pursuant to this Regulation and such other Union law.
9. Where other Union law applying to toys requires a digital product passport, a single digital product passport shall be created for toys containing the data required pursuant to this Regulation as well as any other data required for the digital product passport pursuant to such other Union law. By way of derogation from paragraph 2, point (a), where other Union law requires that the digital product passport corresponds to a batch level, the digital product passport for the purposes of this Regulation can be issued for that level.
10. Economic operators may, in addition to the data referred to in paragraphs 8 and 9, make other information accessible through the data carrier referred to in paragraph 7. Where this is the case, that information shall be clearly separated from the information required pursuant to this Regulation and, where relevant, pursuant to other Union law.
11. The manufacturer or the digital product passport service provider shall ensure that a link to the section of the Safety Gate Portal referred to in Article 34(3) of Regulation (EU) 2023/988 for the transmission of information about toys that might present a risk to the health and safety of consumers is displayed when accessing the digital product passport.
12. The economic operator placing the toy on the market shall:
(a)
provide distributors and providers of online marketplaces with a digital copy of the data carrier or the unique product identifier, as relevant, to allow them to make the data carrier or the unique product identifier accessible to potential customers where they cannot physically access the toy; and
(b)
provide the digital copy referred to in point (a) or a webpage link free of charge promptly and in any event within 5 working days of receiving a request to do so.
13. The economic operator, when placing the toy on the market, shall make available a back-up copy of the digital product passport through a digital product passport service provider.
Technical design and operation of the digital product passport
1. The digital product passport shall be fully interoperable with other digital product passports required by other Union law in relation to the technical, semantic and organisational aspects of end-to-end communication and data transfer.
2. All data included in the digital product passport shall be based on open standards, developed with an interoperable format, and shall be, as appropriate, machine-readable, structured, searchable and transferable through an open interoperable data exchange network without vendor lock-in.
3. Consumers or other end users, economic operators, competent national authorities and customs authorities, the Commission and other relevant actors shall have access on the basis of their respective access rights in accordance with Union law to the digital product passport free of charge.
4. Consumers shall not be requested to register or provide a password to access the digital product passport.
5. The digital product passport shall be stored by the economic operator responsible for its creation or by digital product passport service providers.
6. Where a new digital product passport is created for a toy that already has a digital product passport, the new digital product passport shall be linked to the original digital product passport or passports.
7. If the digital product passport is stored pursuant to paragraph 5 of this Article or otherwise processed by digital product passport service providers pursuant to Article 19(13), those digital product passport service providers shall not sell, re-use or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services, unless specifically agreed with the economic operator placing the toy on the market.
8. Data authentication, reliability and integrity shall be ensured.
9. Digital product passports shall be designed and operated so that a high level of security and privacy is ensured and fraud is avoided.
10. Economic operators shall not track, analyse or use any usage information for purposes other than what is absolutely and strictly necessary for providing the information on the digital product passport online. In particular, personal data related to the customer shall not be stored in the digital product passport without the explicit consent of the consumer or other end user in compliance with Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council ( 29 ) .
Data carriers and unique identifiers
1. The data carriers, the unique product identifiers and the unique operator identifiers required pursuant to this Regulation shall comply with the standards applicable to data carriers, unique product identifiers and unique operator identifiers pursuant to Regulation (EU) 2024/1781.
2. Article 12(2) of Regulation (EU) 2024/1781 shall apply to economic operators who create or update a digital product passport pursuant to this Regulation where a unique operator identifier is not yet available.
Any rules and procedures for the lifecycle management of unique identifiers and data carriers set out in delegated acts adopted pursuant to Article 12(4) of Regulation (EU) 2024/1781 shall also apply in respect of unique identifiers and data carriers pursuant to this Regulation.
3. Where a toy is subject to an obligation to provide for a digital product passport pursuant to a delegated act adopted pursuant to Article 4 of Regulation (EU) 2024/1781 or pursuant to other Union law, the unique product identifier, the unique operator identifier and the unique registration identifier shall be the same.
4. Any procedures to issue and verify digital credentials of economic operators and other relevant actors that have access rights to data included in the digital product passport set out by implementing acts adopted pursuant to Article 11, fourth paragraph, of Regulation (EU) 2024/1781 shall also be applicable for the purposes of this Regulation.
5. Any requirements to be complied with by digital product passport service providers in order to become such providers, and, where appropriate, requirements for providing services set out in delegated acts adopted pursuant to Article 11, third paragraph, of Regulation (EU) 2024/1781 shall also be applicable for the purposes of this Regulation.
Digital product passport registry
1. Before placing a toy on the market, the economic operator placing the toy on the market shall upload, in the digital registry established pursuant to Article 13(1) of Regulation (EU) 2024/1781 (the ‘registry’), the unique product identifier and unique operator identifier for that toy. In the case of toys intended to be placed under the customs procedure ‘release for free circulation’, the registry shall store the commodity code of the toy.
2. Upon the uploading by the economic operator of the data referred to in paragraph 1 in the registry, the registry shall automatically communicate to that economic operator a unique registration identifier associated with the unique identifiers uploaded in the registry for a specific toy. That communication by the registry shall not be deemed to be proof of compliance with this Regulation or other Union law.
The Commission may adopt an implementing act specifying the implementation arrangements for the registry, including for the communication of the unique registration identifier referred to in this paragraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 53(3).
3. The Commission, competent national authorities and customs authorities shall have access to the registry for the purpose of carrying out their duties pursuant to this Regulation.
Customs controls relating to the digital product passport
1. Toys entering the Union market shall be subject to verifications and other measures laid down in this Article. This Article is without prejudice to any other Union law, in particular Regulation (EU) No 952/2013 and Chapter VII of Regulation (EU) 2019/1020.
2. Any person intending to place a toy under the customs procedure ‘release for free circulation’ shall provide or make available to customs authorities the unique registration identifier as referred to in Article 22(2).
3. Customs authorities may release a toy for free circulation only after having verified, as a minimum, that the unique registration identifier and the commodity code provided or made available to them correspond to the data stored in the registry. The release for free circulation shall not be deemed to be proof of compliance with this Regulation or other Union law.
4. The verification referred to in paragraph 3 of this Article shall take place electronically and automatically via the interconnection between the registry and EU CSW-CERTEX referred to in Article 15(3) of Regulation (EU) 2024/1781. That verification shall take place as from the moment that interconnection is operational or from the date of application of this Regulation, whichever is later.
5. The Commission and the customs authorities may retrieve and use the data on toys included in the digital product passport and in the registry for carrying out their duties pursuant to Union law, including risk management, customs controls and release for free circulation in accordance with Regulation (EU) No 952/2013.
6. The verifications and other measures laid down in this Article shall be carried out on the basis of the list of commodity codes and product descriptions set out in Annex VII.
Assistance for micro-, small and medium-sized enterprises
No later than 1 August 2029, the Commission shall provide assistance, in consultation with the competent national authorities, to micro-, small and medium-sized enterprises (SMEs) by providing them with guidelines on how to set up and operate a digital product passport for toys, in accordance with this Regulation.
