On 1 September 2023, the European Parliament and the Council of Ministers adopted Directive 2023/ABC (see the Annex), which amends Directive 2011/XYZ on the safety of toys. Directive 2023/ABCprohibits the use of certain materials for the manufacture of toys in order to protect the health of consumers.

In the second reading of the legislative procedure, the European Parliament added recycled materials to the list of materials prohibited for the use in the manufacture of toys targeting children under three years because of the risk of some substances causing harm in case small children bite or lick the toys. In its opinion, the Commission rejected the amendment, since not all recycled materials could be considered as dangerous. However, the Council, by qualified majority, approved the amendment by the Parliament, and the Directive was adopted.

Your client, Green Toys Ltd., is an environment-conscientious manufacturer of toys, established in Ireland, which uses recycled materials to manufacture the majority of the toys it sells. It is active mainly on the EU market. The company is seeking your legal advice, since it is concerned that the Directive may affect its business activities.

Advise your client on whether there is any legal remedy under EU law available to it to challenge Directive 2023/ABC.