Economic Operators’ Roles Under the EU Toy Safety Regulation

The transition from the European Toy Safety Directive 2009/48/EC to the Toy Safety Regulation (EU) 2025/2509 (TSR) represents a fundamental shift — both in regulatory form and in the definition, scope and accountability of economic operators marketing toys on the EU market.

While the directive introduced a harmonized allocation of responsibilities along the supply chain, the regulation expands the range of actors involved and significantly reinforces their obligations, responding to digitalization, the rise of online sales and persisting enforcement gaps.

Economic operators under the Toy Safety Directive 2009/48/EC

The directive defined four categories of economic operators:

1. Manufacturer – The natural or legal person who manufactures a toy, or has it designed or manufactured, and markets it under their name or trademark.
2. Authorized representative – A person established in the EU and mandated by the manufacturer to perform specified compliance-related tasks.
3. Importer – An EU-based entity placing a toy from a third country on the EU market.
4. Distributor – Any operator in the supply chain, other than the manufacturer or importer, that makes a toy available on the market.

Manufacturers bore primary responsibility for compliance, including safety assessment, technical documentation, the EU Declaration of Conformity and CE marking. Importers and distributors were required to verify compliance and cooperate with authorities, but their obligations largely focused on checks carried out before or at the moment of market placement.

Expanded operator landscape under the Toy Safety Regulation (EU) 2025/2509

The European Toy Safety Regulation retains the four traditional categories of economic operators but extends the regulatory perimeter in several important ways.

First, it formally incorporates the fulfilment service provider as an economic operator, aligning toy safety legislation with the Market Surveillance Regulation (EU) 2019/1020. Fulfilment service providers — such as operators performing warehousing, packing or shipping in support of online sales — assume importer‑like obligations when no manufacturer, authorized representative or importer is established in the EU. This directly addresses long-standing compliance gaps linked to e‑commerce and third‑country sellers.

Second, the regulation explicitly addresses providers of online marketplaces. Although online marketplaces are not classified as economic operators in the same manner as manufacturers or importers, the Toy Safety Regulation establishes a direct regulatory link between them and the product compliance framework. This represents a significant departure from the directive, under which online marketplaces were not specifically regulated within toy safety legislation.

Third, the regulation strengthens the interconnection between operators, shifting responsibility from a linear supply chain model to a shared compliance network. Information and corrective actions are expected to circulate more actively among all relevant actors.

Role and responsibilities of providers of online marketplaces

Under the European Toy Safety Regulation, providers of online marketplaces are required to actively contribute to toy safety enforcement, particularly in relation to third-party sellers using their platforms. Their obligations include:

• Cooperating with market surveillance authorities and responding to requests concerning noncompliant or unsafe toys
• Confirming that mandatory product information, including traceability and compliance data made available through the Digital Product Passport (DPP), can be accessed by authorities and consumers
• Taking corrective measures, including disabling or removing listings, where toys are identified as noncompliant or dangerous

These obligations complement, rather than replace, those of traditional economic operators. Online marketplaces do not assume manufacturers’ conformity assessment duties but act as key control and intervention points within the digital supply chain, particularly where sellers are established outside the EU.

How roles and responsibilities differ in practice

While the number of operator categories expands only marginally, the nature of their responsibilities changes substantially. Manufacturers must now provide continuous traceability and information availability via the DPP, which replaces the EU Declaration of Conformity. The DPP must be maintained for at least 10 years and remain accessible even in cases of insolvency or cessation of activity — significantly increasing long‑term accountability.

Importers and fulfilment service providers face enhanced verification obligations, including checking DPP registration and confirming that contact details include both postal and electronic addresses. Distributors, meanwhile, are expected to respond actively to compliance signals rather than merely checking formal labeling requirements.

Conclusion

Compared to the Toy Safety Directive, the Toy Safety Regulation reflects a fundamental evolution in regulatory thinking. Toy safety now depends not only on manufacturers and importers but also on digital intermediaries, logistics providers and continuous information flows. By integrating fulfilment service providers and assigning enforceable responsibilities to providers of online marketplaces, the Toy Safety Regulation closes key enforcement gaps and establishes a modern, interconnected system of shared accountability across the EU toy market.

Note: International and local regulations are subject to change, and each customer’s situation may vary. This information is intended as a general overview and should not be relied upon as specific advice.