CE / Product Safety 10 min

TSD - Directive 2009/48/EC

Guide to TSD - what it is, who it applies to, and how to ensure compliance.

Official text on EUR-Lex ↗

What the TSD is and why it matters

The Toy Safety Directive (TSD) — formally Directive 2009/48/EC on the safety of toys — is the EU’s dedicated safety law for products designed or intended for use in play by children under 14 years of age. If you make, import or sell toys for the European market, it is the single most important piece of legislation you have to meet. The TSD sets out detailed essential safety requirements that every toy must satisfy before it can carry the CE marking and be placed on the EU market, and it leaves very little room for interpretation: a toy that fails any of its requirements simply cannot be sold legally.

The TSD matters because children are the most vulnerable group of consumers, and toys are among the most heavily scrutinised products in the Union. The Directive translates a broad safety ambition into concrete, testable obligations covering everything from small parts and sharp edges to the chemicals a child might lick, swallow or inhale. For a brand, that means toy compliance is rarely a single tick-box: it is a structured process of risk assessment, testing against harmonised standards, documentation and correct marking.

📄 Official text: Directive 2009/48/EC on the safety of toys — on EUR-Lex →

Who the TSD applies to

The TSD applies across the supply chain, and the duties scale with your role:

A key scoping point is what counts as a “toy.” The TSD covers products designed or intended, whether exclusively or not, for use in play by children under 14. It explicitly excludes certain categories — for example playground equipment intended for public use, some sports equipment, scale models for collectors, and other items listed in the Directive — which may instead fall under other rules or under the general product safety net.

Key dates and timeline

Core requirements

Essential safety requirements

At the heart of the TSD are the essential safety requirements that every toy must meet. The Directive groups these into a general safety requirement plus a set of particular safety requirements:

Harmonised standards: the EN 71 series

Manufacturers demonstrate that a toy meets the essential safety requirements largely by testing against harmonised standards, above all the EN 71 series. EN 71 is split into parts addressing different hazards — for example mechanical and physical properties, flammability, the migration of certain elements, and other chemical aspects — together with related standards such as EN 62115 for electric toys. A toy that conforms to the relevant harmonised standards benefits from a presumption of conformity with the corresponding essential requirements, which is why most toy compliance work is organised around the applicable EN 71 parts.

Conformity assessment and the CE marking

Before placing a toy on the market, the manufacturer must carry out the appropriate conformity assessment. Where harmonised standards cover all relevant requirements and have been applied, the manufacturer can use internal production control (self-assessment). Where they do not, or have only been partly applied, the toy must undergo EC-type examination by a notified body followed by conformity to the approved type. After a successful assessment, the manufacturer draws up the EU declaration of conformity and affixes the CE marking, which must be visible, legible and indelible.

Technical documentation and the EU declaration of conformity

Manufacturers must compile technical documentation that allows the conformity of the toy to be assessed, including a safety assessment covering the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards. They must also draw up an EU declaration of conformity stating that the toy meets the requirements of the Directive. Both must be kept available for market surveillance authorities for a defined retention period (ten years after the toy is placed on the market) and produced on request.

Warnings and age marking

Toys must carry the warnings the Directive requires, where relevant, to ensure safe use — for example the well-known warning that a toy is not suitable for children under 36 months because it contains small parts, together with the reason for the restriction. Warnings must be clearly visible, legible, accurate and understandable, and provided in a language easily understood by consumers in the Member State where the toy is sold. They must appear on the toy, an affixed label or the packaging, and accompanying instructions where appropriate.

Obligations by role

Enforcement

Each Member State designates market surveillance authorities to enforce the TSD. In Denmark, the Danish Safety Technology Authority (Sikkerhedsstyrelsen) is the competent authority for toy safety. Authorities can require corrective action, order withdrawals and recalls, and prohibit the sale of toys that do not meet the Directive.

Dangerous toys are shared EU-wide through the Safety Gate rapid alert system, and toys are consistently among the most frequently notified product categories. A problem found in one country can trigger action across the Union, and the consequences for non-compliance — set at national level — range from sales bans and mandatory recalls to fines and serious reputational damage, which weighs especially heavily for a children’s brand.

Getting compliant

How Conphora helps

Conphora monitors the TSD and maps your toys against its requirements, flagging gaps in the safety assessment, EN 71 testing, warnings, CE marking and documentation before they become enforcement problems. The platform helps you generate and keep the right documentation, and alerts you to changes — including the transition to the new Toy Safety Regulation — so your compliance stays current.

See how Conphora works · Start free with Conphora

Sources and further reading

This guide is for general information and is not legal advice.

Last updated: 12 June 2026

← All EU regulations Start free with Conphora →