Spain limits the use of cobalt in toys to safe uses

The Ministry of the Presidency, Justice and Relations with the Cortes has published Order PJC/903/2026, of August 26, which modifies Annex II of Royal Decree 1205/2011 on toy safety to restrict the use of cobalt to cases evaluated as safe. The regulation, published in the Official State Gazette number 212 this Friday, August 28, enters into force on August 29, 2026.

The order transposes Commission Directive (EU) 2026/192, of January 28, 2026, which amends Appendix A of Annex II of Directive 2009/48/EC on toy safety. Cobalt and certain salts of this element are classified as CMR 1B substances (carcinogenic, mutagenic, or toxic for reproduction) according to Regulation (EC) No 1272/2008, therefore its use in toys requires a scientific evaluation that proves the safety of the proposed uses and the absence of suitable alternatives.

Use limited to three cases

The modification does not constitute a general authorization of cobalt in toys, but is strictly limited to the uses expressly listed in Appendix A of Annex II, evaluated as safe by the Scientific Committee on Health, Environmental and Emerging Risks. All other uses not authorized according to European Union regulations are excluded.

• As an impurity of the nickel contained in the stainless steel of toys and components.
• In toy components intended to conduct electric current.
• In neodymium magnets used in toys, provided that such magnets cannot be swallowed or inhaled.

Processing and competencies

The order is issued under Article 149.1.16 of the Spanish Constitution, which grants the State the competence to establish the bases and general coordination in matters of health. It has been processed at the proposal of the Minister of Social Rights, Consumption and 2030 Agenda and the Minister of Economy, Trade and Enterprise, in accordance with the Council of State, and with reports from the competent ministries, the Council of Consumers and Users, and the autonomous communities and cities of Ceuta and Melilla through the Sectoral Conference on Consumption.

The regulation complies with the principles of good regulation of Law 39/2015, without imposing new administrative burdens or additional expenses on companies or public administrations. The third final provision of Royal Decree 1205/2011 empowers the competent ministries to keep the annexes adapted to the technical progress derived from European regulations.

Transposition deadlines

Pursuant to Article 2 of Directive (EU) 2026/192, Member States were required to adopt the necessary provisions for its transposition before July 29, 2026, and apply them as of August 29, 2026. The order, signed by the Minister of the Presidency, Justice and Relations with the Courts, Félix Bolaños García, ensures the full harmonization of the Spanish legal system with the technical requirements of the internal market.

The measure reinforces the protection of consumer health, particularly that of children, while providing certainty to manufacturers regarding which uses of cobalt are admissible. For families, it provides the guarantee that toys marketed in Spain only contain this substance under conditions scientifically evaluated as safe.

Source: Official State Gazette, no. 212, Friday, August 28, 2026, Sec. I, p. 117076 (official reference: BOE-A-2026-18261).