From 29 August 2026, the updated rules on cobalt in toys apply in Italy. Commission Directive (EU) 2026/192 does not impose an absolute ban: it identifies three permitted uses while leaving all other safety requirements unchanged.
From 29 August 2026, a specific entry on cobalt applies in Annex II to Italian Legislative Decree No 54/2011. The amendment implements Directive (EU) 2026/192 and defines the authorised presence of cobalt in toys and their components.
One key point should be made clear from the outset. In other words, the rule does not declare every toy in which cobalt can be detected to be dangerous, nor does it authorise cobalt in general. Instead, it adds three specific uses to the list of CMR substances permitted under defined conditions. For manufacturers, importers and distributors, the main task is to demonstrate which material has been used, its function and the foreseeable level of exposure.
In brief. The Directive was adopted on 28 January 2026; national transposition measures had to be adopted by 29 July; Italy implemented it by a decree dated 19 May and published on 21 July; the new provisions apply from 29 August 2026.
This analysis is included in the Practical Guides section of LexFocus.
What changes for cobalt in toys
EU toy-safety legislation restricts substances classified as carcinogenic, mutagenic or toxic for reproduction (CMR). As a general rule, a CMR substance may not be used in toys or in micro-structurally distinct toy components unless one of the statutory conditions is met: the concentration is no higher than the relevant classification threshold, the substance is inaccessible to children, or its use has been expressly authorised following a scientific assessment.
Cobalt metal and several cobalt salts are classified, among other hazard classes, as category 1B carcinogens, category 2 mutagens and category 1B reproductive toxicants. Specifically, Directive 2026/192 adds cobalt to Appendix A of Annex II to Directive 2009/48/EC and specifies three permitted uses.
The three permitted uses
| Permitted use | Condition and practical check |
|---|---|
| Stainless-steel toys and toy components | Cobalt is permitted as an impurity in the nickel contained in stainless steel. In practice, material and alloy data are required; a commercial description alone is not sufficient. |
| Components intended to conduct an electric current | The authorisation concerns the component’s conductive function. The bill of materials, specifications and safety assessment must show that the cobalt is not being used merely for decoration. |
| Neodymium-based magnets | The use is permitted only where there is no risk that the magnets may be swallowed or inhaled. Size, containment, wear, breakage and foreseeable use must all be considered. |
Moreover, the authorisation does not replace other chemical, physical, mechanical or electrical requirements. A component covered by the cobalt entry must still be safe during its intended and reasonably foreseeable use, including after wear or breakage.
Scenarios without a specific authorisation
The Scientific Committee also examined children’s make-up, 3D pens and toy-printer materials, paints, inks, coatings, chalks, chalk bombs, leather, textiles and batteries. However, the Directive did not introduce a specific authorisation for these scenarios.
For 3D pens and printers, the opinion recommends avoiding materials containing cobalt. Similarly, for chalks, chalk bombs and powdered materials, it identifies a possible inhalation risk and recommends cobalt-free pigments. Regarding the other uses, the available data were insufficient to identify safe applications.
A point of caution. Nevertheless, this does not mean that any detectable trace automatically makes a product unlawful. The full CMR framework must be applied, taking account of concentration, accessibility, the physical form of the material, exposure and any other relevant rules. Therefore, only the three listed uses benefit from the new express authorisation.
Dates that should not be confused
| Date | Event | Meaning |
|---|---|---|
| 28 January 2026 | Adoption of Commission Directive (EU) 2026/192 | This is the date of the EU act, not the date on which the Italian rules began to apply. |
| 29 January 2026 | Publication in the Official Journal of the European Union | This starts the period leading to entry into force. |
| 18 February 2026 | Entry into force of the Directive | The Directive enters the EU legal order but still requires national transposition. |
| 19 May 2026 | Adoption of the Italian MIMIT decree | The decree amends Annex II to Legislative Decree No 54/2011. |
| 21 July 2026 | Publication of the decree in Italian Official Gazette No 167 | The Italian measure is published before the EU transposition deadline. |
| 29 July 2026 | Transposition deadline | By this date Member States had to adopt and publish their national measures. |
| 29 August 2026 | Application | From this date the updated national provisions apply. |
Italy met the timetable through the Decree of the Minister for Enterprises and Made in Italy dated 19 May 2026. Accordingly, Article 1 adds the cobalt entry to Annex II to Legislative Decree No 54/2011, while Article 3 expressly provides that the rules apply from 29 August 2026.
Cobalt in toys: practical effects for manufacturers
Manufacturers bear primary responsibility for toy compliance. They should review product families, bills of materials, components, suppliers and use scenarios to identify both intentional and unintentional cobalt content.
- First, establish whether cobalt is an impurity in the nickel contained in stainless steel, whether the component genuinely conducts an electric current, or whether it is a neodymium magnet whose design prevents swallowing and inhalation.
- Next, update the safety assessment and technical documentation with specifications, supplier declarations, relevant test results and foreseeable exposure data.
- In addition, manage changes carefully: a different alloy, coating, magnet, supplier or geometry may require a new compliance assessment.
- Keep the EU declaration of conformity up to date and affix the CE marking only after completing the appropriate conformity-assessment procedure.
- Finally, take corrective action and cooperate with the market-surveillance authority where non-compliance or a risk is identified.
A commercial name for the material is not enough. There is also no general public certificate authorising use of the CE mark: by issuing the EU declaration of conformity, the manufacturer assumes responsibility for the product.
Practical effects for importers
An importer placing a toy from a non-EU country on the Union market must verify that the manufacturer has carried out the conformity-assessment procedure and prepared the technical documentation. In particular, for potentially affected products, importers should obtain specific information about alloys, pigments, magnets, electrical components and test results rather than relying on a generic supplier statement.
- In addition, check the CE marking, product identification, manufacturer’s details, the importer’s own contact details, and instructions and warnings in the language required by the destination Member State.
- Keep the EU declaration of conformity for ten years and ensure that the technical documentation can be made available on request.
- Consequently, do not place the toy on the market where there is reason to doubt its conformity; where a risk exists, inform the manufacturer and the competent authority and cooperate with the necessary measures.
Practical effects for distributors, shops and online sellers
Distributors must act with due care. Before sale, they should check the CE marking, required documentation, product identification, operator details, and instructions and warnings in the language required by the market concerned. Moreover, warnings that influence the purchasing decision must also be visible before an online purchase is completed.
- Where there are concrete indications of non-compliance, do not make the product available until it has been brought into conformity.
- Maintain batch traceability and, where necessary, implement corrective measures, withdrawal or recall.
- Likewise, remember that a seller who markets a toy under its own name or trade mark, or modifies it in a way that may affect compliance, assumes the manufacturer’s obligations.
Checks to complete throughout the supply chain
- Map products containing metal parts, magnets, pigments, powdered materials, 3D pens, printing materials or batteries.
- Obtain traceable composition data, specifications and declarations from suppliers.
- Link every identified presence of cobalt to its function and the relevant legal condition.
- Assess accessibility, swallowing, inhalation, skin contact, wear, breakage and foreseeable use.
- Update the safety assessment, technical file, test reports and EU declaration of conformity.
- Check labels, batch details, operator information, CE marking and warnings in the language required by the market concerned.
- Review online listings, inventory and batch traceability.
- Establish a documented process for complaints, non-compliance, withdrawal and recall.
The need for and extent of testing depend on the product and its materials. At the same time, no single cobalt test can replace the overall safety assessment. Where testing is necessary, it should be defined with appropriate technical expertise and carried out by suitable laboratories.
Cobalt in toys: what families need to know
The new rule does not require consumers to carry out tests at home, and cobalt cannot be identified from a toy’s colour or appearance. It is more useful to check traceability and the condition of the product.
- Buy from reputable, identifiable shops and websites.
- For example, check the CE marking, the name and address of the manufacturer or importer, the model or batch identifier, and warnings in the language required in the country of sale.
- Choose an age-appropriate product and follow restrictions, particularly where small parts, magnets or batteries are present.
- Therefore, stop using a broken toy if magnets, batteries or internal components become accessible.
- Keep the packaging, receipt and batch identifier.
- Finally, consult Safety Gate for recalls and measures concerning specific products.
However, the CE marking is important, but it is not a quality mark issued by an authority. It represents the manufacturer’s declaration that the product complies with the applicable requirements.
Market surveillance, withdrawals, recalls and penalties
The Italian Ministry of Enterprises and Made in Italy notes that failure to comply with Legislative Decree No 54/2011 may lead to measures proportionate to the seriousness of the infringement, including an order to bring the product into conformity, a ban on marketing, withdrawal or recall. The Italian Chambers of Commerce impose the applicable administrative penalties.
The cobalt decree does not order a general recall of toys already purchased or available in shops. Consequently, a recall concerns specific products and batches where an assessment or inspection establishes non-compliance or a risk.
Stock and products already on the market
The Decree of 19 May 2026 contains no specific transitional regime. Accordingly, from 29 August, operators must assess placing and making available activities under the provisions applicable at that time.
However, the answer for existing stock is not automatic. At the same time, the amendment introduces limited authorisations and does not classify every toy containing cobalt as non-compliant. In particular, relevant factors include the batch history, the date and manner in which the toy was placed on the market, its composition, accessibility and the specific function of the component.
Looking ahead to the 2030 EU Regulation
Regulation (EU) 2025/2509 on toy safety will apply generally from 1 August 2030 and will replace Directive 2009/48/EC. Its appendix carries forward the cobalt authorisation for stainless steel, conductive components and neodymium magnets that cannot be swallowed or inhaled.
Meanwhile, until the new regime applies, the current framework and Italian Legislative Decree No 54/2011, as amended, remain the reference for product requirements applicable in Italy.
Frequently asked questions
Is cobalt banned in all toys?
No. In summary, the general framework restricts CMR substances, while the new entry authorises three specific uses. Every other case must be assessed under the full legal framework.
Why is 29 August important if the Directive dates from January?
Because 28 January is the adoption date, 29 July was the transposition deadline, and 29 August is the date from which the national measures apply.
Has Italy transposed the Directive?
Yes. Indeed, the MIMIT Decree of 19 May 2026 was published on 21 July 2026 and applies from 29 August.
Must a toy bought before 29 August automatically be returned?
No. However, there is no general recall. Instead, consumers should check any notices concerning the specific product or batch and information issued by the seller or manufacturer.
Does the CE marking guarantee that a toy contains no cobalt?
No. The CE marking concerns overall conformity with applicable requirements; it does not certify the absolute absence of every substance.
Must every retailer arrange laboratory testing for every toy?
The rules assign different roles along the supply chain. The manufacturer prepares the assessment and documentation; importers and distributors must carry out the checks required of them and must not market products where they have reason to doubt conformity.
Are neodymium magnets always permitted?
No. The specific cobalt authorisation applies only where there is no risk that the magnets may be swallowed or inhaled. All other safety requirements continue to apply.
How can a parent tell whether a toy contains cobalt?
However, in most cases this cannot be established by visual inspection. Therefore, parents can check product information, traceability, warnings and recalls, and ask the seller or manufacturer for clarification.
Conclusion
From 29 August 2026, the cobalt rule is also operational under Italian law. Overall, the amendment is neither a general permission nor an absolute ban: it precisely defines three authorised uses, based on a scientific assessment of exposure.
For businesses, compliance depends on the quality of material information, risk assessment and supply-chain traceability. For families, the most useful safeguards remain informed purchasing, compliance with warnings and checking recalls for specific products.
Official sources
- EUR-Lex — Commission Directive (EU) 2026/192, official English text
- Italian Official Gazette — MIMIT Decree of 19 May 2026, Official Gazette No 167 of 21 July 2026
- MIMIT — Official page on the transposition of Directive (EU) 2026/192
- Normattiva — Italian Legislative Decree No 54 of 11 April 2011
- European Commission — SCHEER scientific opinion on the safety of cobalt in toys
- MIMIT — Consumer-product safety rules and operator obligations
- MIMIT — CE marking
- EUR-Lex — Regulation (EU) 2025/2509 on toy safety
- European Commission — Safety Gate alert database
Editorial note. This article provides general information, is updated to 30 August 2026, and does not replace a technical product assessment or legal advice on an individual case.