European Commission extends consultation on the presence of cobalt in toys

The European Commission is extending an ongoing consultation by the Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) on the presence of cobalt in toys until September 8, 2022. 

The consultation is part of an evaluation on the permissibility of the use of cobalt in toys under the provisions of Directive 2009/48/EC (the Toy Safety Directive). Under the Directive, CMR substances can not be used in toys unless: 

• Their concentration is below under the thresholds for classification, or
• There are inaccessible in any form when used as intended or in a foreseeable way, bearing in mind the behaviour of children, or
• A decision to authorize them for specific uses has been made under the Directive

The ongoing consultation refers to the third option. To take a decision to authorize the use of a CMR substance, three conditions are needed. 

• The substance must be found to be safe by a Scientific Committee (SCHEER in this case)
• There must be no suitable alternatives, and  
• The substances must not be prohibited for use in consumer articles under REACH 

Therefore, the analysis of SCHEER concerns the safety of the use of cobalt in toys, as well as the availability of alternatives. Interested stakeholders can submit their comments on SCHEER’s preliminary report, which finds that information available is insufficient, and recommends limits on the use of cobalt in products liable to inhalation. 

A similar consultation on a SCHEER opinion on the use of titanium dioxide in toys concluded on July 4, 2022. 

The push for safer toys and children’s products is part of the Chemicals Strategy for Sustainability. Consultations on the review of the Toy Safety Directive concluded on May 25, 2022, and adoption of the Commission’s proposal is expected before the end of the year. Additionally, consultations are ongoing for safety requirements in standards for children products under Directive 2001/95/EC (the General Product Safety Directive).