Boletín TIE (Toy Industries of Europe) febrero 2023

Swedish study finds that it is cheaper for e-commerce companies to throw away returned items

 Researchers from Lund University have found that it is cheaper for e-commerce companies to throw away returned items rather than sell them again. The study, which focused on electronics and textiles, noted that a ban on discarding goods or fees on returns would not solve the problem. They propose a move away from “fast fashion’’ setups and investing in long-term better-quality products.

por Javier Bello

Swedish study finds that it is cheaper for e-commerce companies to throw away returned items
 Researchers from Lund University have found that it is cheaper for e-commerce companies to throw away returned items rather than sell them again. The study, which focused on electronics and textiles, noted that a ban on discarding goods or fees on returns would not solve the problem. They propose a move away from “fast fashion’’ setups and investing in long-term better-quality products.  

 European Parliament Committee adopts legislation to boost EU chips industry
 The Industry and Energy Committee has adopted two draft bills supporting plans to scale-up the EU's chip ecosystem. The first bill aims to support production in the European Chips industry and establish a crisis response mechanism against possible shortages. A chips diplomacy initiative with partner countries was also suggested to address any disruptions to supply chains. The second bill included support for investment into EU-wide development for the sector under a ‘Chips for Europe Initiative’.

 Negotiations on both initiatives will be announced at the opening of the 13-16 February plenary session Toys mentioned as one of priority products for ecodesign standards
 In line with the ecodesign proposal, the EU has presented its draft list of products for setting mandatory sustainability rules. The list includes 19 product categories, including toys (electronic toys excluded),  and is open for feedback on the products covered and the order in which they will be tackled. Sustainability rules could include minimum recycled content, availability of spare parts and sourcing of materials from certified sustainable products.

Investigation finds manipulative practices in 148 out of 399 online shops
 EU consumer protection authorities have published the results of a 2022 web screening of 399 online shops. The screening found that 148 out of 399 web shops used at least one of three types of dark patterns. These included fake countdown timers, infrastructure that pressures consumers into subscriptions and promoting more expensive options. National authorities will contact offenders to fix their websites. Further action may also be taken according to national procedures.
 scope of the DSA. It answers practical questions on the requirement to report user numbers. The guidance explains that if a platform is used by more than 10% of the EU's population, it

Commission study on digital advertising recommends reforms in digital advertising market
 The EU Commission has released a study on the impact of recent developments in the digital advertising market. The study calls for improvements in transparency and accountability by digital advertisers and publishers. Better controls on personal data and obstacles for platforms to 'know their audience' are also recommended.

Commission presents plans for net-zero industry
 The Commission has presented its Green Deal Industrial Plan to boost the transition of the EU's industry towards net-zero. The initiative aims to ensure access to diverse sources of net-zero manufacturing capacity. The plan is based on the following four pillars: 

  • A standard regulatory framework to support the quick deployment of net-zero manufacturing capacities. 
  • Faster access to funding and investment. 
  • Developing skills for EU workers in the technologies required by the green transition. 
  • Open trade with EU partners to ensure diversified and reliable supply and fair competition. 

Microplastics ban: Still no transition period in new Commission draft text
 The latest draft text still does not contain a transition period for the toy sector to adapt to the ban on microplastics. This is especially disappointing as more significant contributors to microplastic pollution, such as cosmetics and detergents, have in the meantime been granted a transition period of several years. The text also does not clarify that products already on the shelves will not be covered by the ban.

The text will be discussed by Member States during the REACH Committee meeting of 1 March. TIE will increase its advocacy ahead of that meeting.

 India increases import duty on toys and their components by 10%
 India's Minister of Finance has announced an increase of import duty on toys and parts of toys (excluding parts of electronic toys) from 60% to 70%. The new measure was introduced as a part of India's 2023-2024 government budget presentation. It is a part of the India's plan to boost their domestic toy industry.

 EU Parliament leaders endorse new transparency reforms for MEPs and staff
 The agreement includes a requirement to declare scheduled meetings for Members of the European Parliament (MEPs) and assistants, an entry log for all people over 18 who are visiting the EP, and new rules for former MEPs and staff who want to enter or lobby the Parliament. Whistleblowing and compliance training has also been introduced. The measures are aimed at increasing public trust in the institution following last december's corruption scandal.

The Parliament has started to work on the reforms to make them enter into force as soon as possible. More measures will likely be added further along.

EU Commission opens infringement procedure against France on TRIMAN labelling
 The Commission argues that the French labelling requirements risk the free movement of goods and could lead to counterproductive environmental impacts. The Commission also argues that France should have notified its anti-waste law (AGEC) to the Commission before adoption. TIE had filed a complaint with the Commission on this in 2020.  

The action from the Commission does not stop the law's implementation and proceedings could take several years. It does, however, send a strong signal to other member states contemplating similar legislation. 

France appeals against EU ruling cancelling Titanium Dioxide classification
 A last minute appeal by France means that the classification of Titanium Dioxide (TiO2) as cancerogenic (and the labelling requirements) remains in place until there is a further ruling in the case. 

The EU Court had cancelled the classification last year following protest by several TiO2 manufacturers. France has now decided to appeal against that ruling. The procedure can still take up to two years. The EU Scientific Committee SCHEER will therefore likely soon adopt an opinion on the safe use of TiO2 in toys that could justify exemptions to bans of the use of the classified substance. 

Spanish Green Dot no longer mandatory
 The Spanish Toy Industry Federation AEFJ has notified us that that Ecoembes (the organization responsible for packaging EPR systems in Spain) will no longer make the Green Dot mandatory with immediate effect.  There are no penalties in place if the Green Dot can still be found on packaging. 

IP – Update EU Design rules – Commission presentation
 The Commission has presnted the revision of EU rules on design rights (Design Directive & Regulation) to TIE Members. The slides can be accessed here.

TIE internal statistics: Toy notifications in the EU's Rapid Alert System for unsafe consumer products and consumer protection (RAPEX) for 2022

TIE has finished gathering its 2022 data on toy notifications in the EU's Safety Gate System. Our data showed that 98.6% of notifications (480 out of 487) were not linked to TIE or TIE member associations. The main notifying countries were Poland (20.6%), Czech Republic (10.5%), and Hungary (8.5%), with the vast majority of notified toys coming from China (80.7%). Nearly 25% of notified toys came from online marketplaces - primarily unspecified marketplaces, Aliexpress, and Amazon.  

The ratio between chemical and mechanical notifications remained balanced. 46.31% of notifications were chemical and 53.69% were due to mechanical issues. For mechanical and physical notifications, small parts were the main issue. For chemical notifications, phthalates content ranked the highest, followed by failures to EN 71-3 and RoHS requirements on lead and cadmium in electrical components.

 The full overview of 2022 notifications can be accessed here.

Member of European Parliament (MEP) asks EU Commission about plans for ‘kidfluencer’ laws
 The MEP Moritz Körner (DE; Renew) has asked the Commission whether they are planning to propose legislation on 'kidfluencers’ and if they believe that all member states should have similar 'kidfluencer’ laws. The Commission now has to provide an answer in the coming months.  

TIE will monitor the answer and inform members.

Commission plans to propose new law to improve GDPR enforcement in cross-border cases
 The EU Commission will propose a new law aiming to improve cooperation between EU countries when enforcing the General Data Protection Regulation (GDPR). The law will harmonise the administrative procedure for national authorities in cross-border investigations and infringements. It is expected to be proposed in the second quarter of 2023.   

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