The EU has revised the Toy Safety Directive to permit the use of cobalt, classified as CMR Category 1B, in certain low-exposure toy applications, including stainless steel, electrical components, and selected neodymium magnets. These changes will take effect from August 29, 2026.
On January 29, 2026, the European Commission published Commission Directive (EU) 2026/192, which amends Appendix A of Annex II to Directive 2009/48/EC (Toy Safety Directive). Adopted on January 28, 2026, this legislative update formally authorizes cobalt for use in three defined applications in toys and toy components.
Regulatory Background
Under Directive 2009/48/EC, substances classified as CMR Categories 1A, 1B, or 2 in accordance with European Chemicals Agency Regulation (EC) No 1272/2008 (CLP Regulation) are generally prohibited in toys. Cobalt and several cobalt compounds are categorized as Carcinogenicity Category 1B, Mutagenicity Category 2, and Reproductive Toxicity Category 1B.
Nevertheless, the Directive provides for exemptions where the Scientific Committee on Health Environmental and Emerging Risks determines that the intended use is safe and that no appropriate substitutes are available. In its December 2022 assessment, SCHEER examined multiple exposure scenarios involving cobalt in toys. While concerns were identified for uses such as 3D printing materials and coatings, the committee concluded that exposure risks were minimal in applications involving stainless steel, electrical components, and specific magnets.
Scope of the Amendment
Directive (EU) 2026/192 updates Appendix A of Annex II to the Toy Safety Directive by including cobalt among the CMR substances that may be used under strictly controlled conditions. The authorization applies only to the specific applications outlined, where the substance is either not accessible to users or is securely bound in a form that prevents harmful exposure.
The permitted uses for cobalt (CMR 1B) are as follows:
|
Substance |
Classification |
Permitted Uses |
|
Cobalt |
CMR 1B |
In toys and toy components made of stainless steel, as an impurity in the nickel contained in the stainless steel. |
Implementation Timeline
EU Member States must transpose this Directive into national legislation by adopting and publishing the necessary legal, regulatory, and administrative measures no later than July 29, 2026.
These provisions will become applicable across Member States from August 29, 2026. Companies and other industry stakeholders are therefore advised to review and update their technical documentation, risk assessments, and compliance processes to align with the newly authorized uses within the required timeframe.
