CE Marking on Toys: What It Is, Why It’s Mandatory, and How to Ensure Compliance

The CE Mark is a symbol found on nearly all toys sold in Europe – but not everyone knows what it means or why it is so important.

For manufacturers, importers, and retailers, CE Marking is not just a symbol: it is a legal requirement. Without it, a toy cannot be marketed in the European Union.

In this article, we will explain: 

✔ What CE Marking means for toys

✔ The applicable legislation 

✔ Who is responsible for the marking 

✔ How to ensure toys meet all requirements

What is it toys CE Mark?

CE Marking is the manufacturer’s declaration that a toy meets the essential requirements for safety and health protection.

A toy labeled with the CE Mark has been manufactured, tested, and placed on the market in accordance with strict European requirements and standards, ensuring it is safe for children.

Without this mark, the toy cannot be made available in the European Economic Area.

Legislation

Directive 2009/48/EC of the European Parliament and Council of 18 June, transposed into Portuguese law by Decree-Law No. 43/2011 of 24 March, sets the safety requirements all toys must meet in order to be placed on the European market.

This directive defines essential safety requirements and lays down a range of specific safety rules.

Essential safety requirements concerning general safety conditions:

• Toys, including the chemical substances they contain, must not endanger the health and safety of users or third parties.

• The abilities of users must be taken into account, especially for toys intended for children under 36 months or other specific age groups.

• Labels and instructions accompanying toys must highlight inherent dangers, risks of harm, and the means to avoid them.

Specific requirements include aspects such as:

• Physical and mechanical properties of toys and their components

• Flammability of materials

• Chemical properties of substances and materials

• Electrical properties of toys and accessible parts

• Hygiene and cleanliness to avoid infection, illness, or contamination

• Radioactivity, in compliance with Euratom measures

Economic Operators and Responsibilities

In the context of CE Marking for toys, four economic operators are considered: manufacturers, authorized representatives, importers, and distributors.

All operators are required to cooperate with the competent market surveillance authority during inspections. The aim of these inspections is to eliminate risks arising from toys placed or made available on the market. Operators must provide all necessary information and documentation to demonstrate toy compliance.

In Portugal, the market surveillance authority is the ASAE (Autoridade de Segurança Alimentar e Económica).

📌Manufacturers – Must ensure that the toys they place on the market are designed and manufactured in accordance with EU legal requirements. They are responsible for issuing the EU Declaration of Conformity.

📌Authorized Representatives – A manufacturer may appoint an authorized representative in writing to carry out tasks on their behalf, such as keeping the EU Declaration of Conformity and technical documentation available for ASAE. They must also provide all information needed to demonstrate toy compliance.

📌Importers – Before placing a toy on the market, importers must ensure that the manufacturer has carried out the proper conformity assessment procedure, prepared the technical documentation, and that the toy bears the required conformity marking.

📌Distributors – Before making a toy available on the market, distributors must verify that the toy bears the required conformity marking, is accompanied by the necessary documents, and includes instructions and safety information in the official language of the country.

The CE Marking Process for Toys

To place a toy on the market with the CE Mark, the following steps must be followed:

Step 1. Identify the applicable legal requirements – Review the Toy Safety Directive and other relevant standards. 

Step 2. Carry out safety tests – Either in-house or at accredited laboratories, to verify that the toy meets the standards. 

Step 3. Prepare the technical documentation – Include test reports, manufacturing descriptions, and materials used. 

Step 4. Issue the EU Declaration of Conformity – A document where the manufacturer declares that the toy complies with requirements. 

Step 5. Affix the CE Marking to the toy – Clearly visible, legible, and indelible.

Toys Not Covered

The CE Marking requirements do not apply to the following toys:

• Playground and recreational equipment for public use

• Coin-operated or non-coin-operated amusement machines for public use

• Toy vehicles equipped with combustion engines

• Steam-powered toys

• Slings and catapults

Why Is CE Marking on Toys So Important?

✔ Protects children – Ensures the toy has been designed and tested to prevent accidents.

✔ Builds consumer trust – Parents and educators know they are buying a safe product.

✔ Facilitates international trade – With CE Marking, the toy can be sold in all EU countries without additional barriers.

CE Marking on toys is not just a symbol – it is a guarantee of safety and quality. For manufacturers, importers, and distributors, complying with the legislation means avoiding legal issues and gaining consumer trust.

👉 If you manufacture, import, or sell toys, be prepared: compliance with European legislation is not optional – it is essential.

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