European Commission Authorizes Specific Uses of Cobalt in Toys Under New Directive

The EU has amended the Toy Safety Directive to allow cobalt classified as CMR 1B to be used in specific low‑exposure toy applications, namely stainless steel, electrical components, and certain neodymium magnets, with implementation from August 29, 2026.

On January 29, 2026, the European Commission published Commission Directive (EU) 2026/192, amending Appendix A of Annex II to Directive 2009/48/EC (the Toy Safety Directive). The new legislative act, adopted on January 28, 2026, officially permits the use of cobalt in three specific applications within toys and toy components.

Regulatory Background

Under the Toy Safety Directive (2009/48/EC), substances classified as CMR category 1A, 1B, or 2 under Regulation (EC) No 1272/2008 (CLP Regulation) are generally prohibited from use in toys. Cobalt and various cobalt salts are classified as Carcinogenicity Category 1B, Mutagenicity Category 2, and Reproductive Toxicity Category 1B.

However, the Directive allows for derogations if the Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) evaluates the use as safe and determines that no suitable alternatives exist. In its December 2022 opinion, SCHEER assessed various scenarios involving cobalt in toys. While concerns remained for applications such as 3D printing materials and paints, the committee determined that exposure risks were negligible for stainless steel, electrical components, and certain magnets.

Scope of the Amendment

Directive (EU) 2026/192 amends Appendix A of Annex II to the Toy Safety Directive by adding cobalt to the list of permitted CMR substances. The authorization is strictly limited to the specific uses defined below, where the substance is either inaccessible or chemically bound in a way 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. In toy components which are intended to conduct an electric current. In neodymium-based magnets used in toys if those magnets cannot be swallowed or inhaled.

Implementation Timeline

Member States are required to adopt and publish the laws, regulations, and administrative provisions necessary to comply with this Directive by July 29, 2026.

The measures must be applied by Member States from August 29, 2026. Industry stakeholders should ensure their technical documentation and compliance strategies are updated to reflect these permitted uses by the application date.

The Commission Directive (EU) 2026/192 can be accessed here.