Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

DECISION OF THE COMMISSION OF CUSTOM UNION

of September 23, 2011 No. 798

About adoption of the technical regulation of the Customs union "About safety of toys"

(as amended on 11-01-2022)

According to article 13 of the Agreement on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010 the Commission of the Customs union (further - the Commission) solved:

1. Accept the technical regulation of the Customs union "About safety of toys" (TR CU 008/2011) (is applied).

2. Approve:

2.1. The list of the international and regional (interstate) standards, and in case of their absence - national (state) standards as a result of which application on voluntary basis observance of requirements of the technical regulation of the Customs union "About safety of toys" is provided (TR CU 008/2011) (is applied);

2.2. The list of the international and regional (interstate) standards, and in case of their absence - the national (state) standards containing rules and methods of researches (testing) and measurements, including the rules of sampling necessary for application and execution of requirements of the technical regulation of the Customs union "About safety of toys" (TR CU 008/2011) and implementation of assessment (confirmation) of compliance of products it (is applied).

3. Establish:

3.1. The technical regulation of the Customs union "About safety of toys" (further - the Technical regulation) becomes effective since July 1, 2012;

3.2. The documents on assessment (confirmation) of compliance to the mandatory requirements established by regulatory legal acts of the Customs union or the legislation of state member of the Customs union, issued or accepted concerning products which are object of technical regulation of the Technical regulation (further - products), about day of entry into force of the Technical regulation, are valid before the termination of term of their action, but no later than February 15, 2014. The specified documents issued or accepted about day of official publication of this Decision are valid before the termination of term of their action.

From the date of entry into force of the Technical regulation issue or adoption of documents on assessment (confirmation) of compliance of products to the mandatory requirements which are earlier established by regulatory legal acts of the Customs union or the legislation of state member of the Customs union is not allowed;

3.3. Till February 15, 2014 production and release into the stream of commerce of products according to the mandatory requirements which are earlier established by regulatory legal acts of the Customs union or the legislation of state member of the Customs union in the presence of the documents on assessment (confirmation) of compliance of products specified to mandatory requirements, issued or accepted about day of entry into force of the Technical regulation is allowed.

The specified products are marked by national mark of conformity (market access mark) according to the Decision of the Commission of September 20, 2010 No. 386 or with the legislation of state member of the Customs union.

Marking of such products single market circulation mark of state members of the Customs union is not allowed;

3.4. The product circulation, released during action of the documents on assessment (confirmation) of compliance specified in subitem 3.2 of this Decision is allowed during expiration date (service life) of products established according to the legislation of state member of the Customs union.

4. To the secretariat of the Commission jointly with the Parties to prepare the draft of the Actions plan, necessary for implementation of the Technical regulation, and in three-months time from the date of entry into force of this Decision to provide representation it on approval of the Commission in accordance with the established procedure.

5. To provide to the Belarusian Side with participation of the Parties based on monitoring of results of application of standards preparation of offers on updating of lists of the standards specified in Item 2 of this Decision and representation at least once a year from the date of entry into force of the Technical regulation in the Secretariat of the Commission for approval by the Commission in accordance with the established procedure.

Members of the commission of the Customs union:

from the Republic of Belarus

 

S. Rumas

from the Republic of Kazakhstan

U. Shukeev

from the Russian Federation

I. Shuvalov

Approved by the Decision of the Commission of the Customs union of September 23, 2011, No. 798

The technical regulation of the Customs union "About safety of toys" (TR CU 008/2011)

Preface

1. This technical regulation of the Customs union is developed according to the Agreement on the single principles and rules of technical regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010.

2. This technical regulation of the Customs union is developed for the purpose of establishment on single customs area of the Customs union single obligatory for application and execution of requirements to toys, ensuring free movement of the toys released on single customs area of the Customs union.

3. If concerning toys other technical regulations of the Customs union, Eurasian economic community (further - EurAsEC) establishing requirements to toys are accepted, then toys shall conform to requirements of these technical regulations of the Customs union, EurAsEC which action extends to them.

Article 1. Scope

1. This technical regulation of the Customs union extends to the toys released on single customs area of the Customs union which were earlier not in operation.

2. This technical regulation of the Customs union does not extend to the products specified in appendix 1 to this technical regulation of the Customs union which are not considered as toy, and also on the toys made by the individual order, exhibition samples.

3. This technical regulation of the Customs union establishes requirements to toys for the purpose of protection of life and health of the children and persons who are looking after them and also preventions of the actions misleading acquirers (consumers) of toys concerning their appointment and safety.

Article 2. Determinations

In this technical regulation of the Customs union the following terms and their determinations are applied:

ignition - the emergence of burning under the influence of ignition source which is followed by flame;

inflammability - capability of substances and materials for ignition;

the game set including chemicals (which is not relating to sets for chemical experiments) - set for production of plaster casts; the ceramic materials and enamels for vitrification delivered in sets for the equipment of art mini-workshops; the sets including the formed masses on the basis of the plasticized polyvinylchloride (with the subsequent hardening in the furnace); sets for art casting; sets for filling; sets for manifestation of photos; adhesive substance, paints, varnishes, thinners and cleaners (solvents) delivered in design sets;

game set - the toy consisting of different objects, materials, substances, intended for development of children's creativity and skills of manual work;

toy - the product or material intended for child(children) game aged up to 14 years;

toy for game on water - the toy (inflatable or not inflatable) bearing loading of body weight of the child when swimming and (or) intended for games in shallow water;

toy desktop and printing - the toy executed by printing method with use or without use of additional game elements;

toy magnetic – the toy having in the design of 1 or more magnets and (or) magnetic elements;

toy myagkonabivny - toy, with framework or without framework, with soft surface and filler;

toy model copy - toy which sizes are determined on the scale of reduction in comparison with the actual sizes of prototype;

the manufacturer - the legal entity or the physical person as the individual entrepreneur enabling on its own behalf production and the realization of toys and responsible for their compliance to safety requirements of this technical regulation of the Customs union;

the importer - the resident of state member of the Customs union who concluded with the nonresident of state member of the Customs union the agreement in foreign trade on transfer of toys enables the realization of these toys and bears responsibility for their compliance to safety requirements of this technical regulation of the Customs union;

magnetic element of toy – the part of toy including the fixed magnet or completely or partially inserted magnet;

design set - set of the mechanical and (or) electric (electronic) components intended for assembly from it different toys;

toy material - all materials which are part of toy;

the address of toy in the market - processes of transition of toy from the manufacturer to the user (acquirer) on single customs area of the Customs union which there undergoes the toy after completion of its production;

optical toy - toy which principle of action is based on use of the principles of geometrical optics;

the user - the child using toy for designated purpose and person who is looking after it;

the acquirer (consumer) - the physical person or legal entity having intention to acquire toy or acquiring it;

application to destination - use of toy according to its appointment specified by the manufacturer on toy and (or) in operational documents;

the child - the person aged up to 14 years;

risk - combination of probability of damnification and effects of this harm for life and health of the child and person who is looking after it;

standard sample of toy - the toy chosen from group of homogeneous toys of one age adresovannost (for children up to 3 years, of 3 years also is more senior) made according to one technical document, engineering procedure from the same materials and to which the same safety requirements are imposed;

functional magnet – the magnet intended for operation of motors, the relay, loudspeakers and other electric or electronic details of toy (if magnetic properties do not belong to game characteristics of toy);

person authorized by the manufacturer - the legal entity or physical person registered in accordance with the established procedure by state member of the Customs union which is determined by the manufacturer based on the contract with it for implementation of actions from his name in case of confirmation of conformity and placement of products on single customs area of the Customs union, and also for assignment of responsibility for discrepancy of toy to requirements of the technical regulation of the Customs union;

functional toy - toy which is model of the product used by adults or devices, imitating appointment and accomplishment of its functions;

chemical toy - the set for conducting chemical experiments by children consisting of one or several chemicals and (or) reactants delivered together with the equipment or without it;

electric toy - toy at which at least one function is performed at the expense of electrical energy.

Article 3. Rules of market circulation

1. Toys are issued in market circulation in case of their compliance to this technical regulation of the Customs union, and also to other technical regulations of the Customs union, EurAsEC which action extends to them and provided that they underwent confirmation of conformity according to Article 6 of this technical regulation of the Customs union, and also other technical regulations of the Customs union, EurAsEC which action extends to them.

2. Toys which compliance to requirements of this technical regulation of the Customs union is not confirmed shall not be marked by single market circulation mark of state members of the Customs union and are not allowed to release into the stream of commerce in the market.

3. The toys which are not marked by single market access mark of state members of the Customs union are not allowed to release into the stream of commerce in the market.

Article 4. Safety requirements

1. The toy shall be developed and made so that in case of its application to destination it did not pose hazard to life and health of the children and persons who are looking after them and provided lack of risk:

caused by toy design;

caused by the applied materials;

connected with use of toy which cannot be excluded in case of change of design of toy without change of its function and the main characteristics, material substitution.

The risk when using toys shall correspond to age features of children.

2. Materials

Materials of which toys are made shall be net (without pollution), not infected and to conform to the requirements of this technical regulation and standards specified in subitem 1.2 of Article 5 of this technical regulation of the Customs union.

In toys for children up to 3 years use of natural fur, genuine leather, glass, porcelain, vorsovanny materials (rubber, cardboard and paper), stuffing granules of 3 mm in size and less without internal cover, fillers of toys, similar to rattles which size in the wet circle increases more than by 5% is not allowed.

In toys for children up to 3 years migration of chemicals of the 1st class of danger is not allowed.

In toys use of the secondary raw materials received as a result of repeated conversion of the materials which were in the use is not allowed. For production of toys application of self-produced waste is allowed.

The protective and decorative covering of toys shall be resistant to wet processing, effect of saliva and sweat.

3. Toys shall be designed and made so that in case of application them to destination they did not pose hazard to life and health of children, persons who are looking after them.

3.1. Organoleptic indicators

Toys on organoleptic indicators of hygienic safety shall conform to the requirements established in appendix 2 to this technical regulation of the Customs union.

3.2. Physical and mechanical properties

The toy and its components, including fasteners, shall maintain the mechanical loadings arising when using toy to destination, at the same time it shall not collapse and shall keep the consumer properties.

Available edges, the sharp ends, tough details, springs, fasteners, gaps, corners, ledges, cords, ropes and fixtures of toys shall exclude risk of injuring of the child.

The leakage of liquid filler in toys is not allowed.

Moving components of toy shall exclude risk of injuring of children. Drive mechanisms shall be not available to the child.

The toy and removable details of the toy intended for children under 3 years and also the toys which are directly fixed on foodstuff shall have such sizes to avoid hit in the upper airways.

The Myagkonabivny toy shall not contain in filler of firm or sharp foreign objects. Seams of myagkonabivny toy shall be strong.

The toy which is in foodstuff and (or) arriving in retail trade together with foodstuff shall have own packaging. The amount of this packaging shall not cause risk of suffocation of the child. Outside placement of toy plastic unpacked on packaging of foodstuff is allowed.

The toy and its components shall exclude the risk connected with suffocation of the child.

The masks and helmets for game from air-tight material which are completely covering the child's head shall be developed and made so that to exclude risk of suffocation as a result of insufficient ventilation.

The toy intended for support of body of the child on water surface shall be developed and made so that to be hermetic, strong.

The toy in which the child can be located and represents for him the closed space shall have the opening for exit which is easily opened from within and also to have surface with air vents.

The toy bearing the mass of the child and intended for driving shall be strong and steady (except two-wheeled bicycles). The toys with the mechanical or electric drive having the mechanism of free wheeling or neutral provision of the transmission shall have the brake mechanism. The toys bearing on themselves the body weight of the child and toys intended for driving in which movement is reported to wheel directly by hand or leg of the child or through mechanical transfer and with the electric drive are allowed to be made without brake mechanisms. Toys with chain transfer shall be equipped with protective guards. Bearing areas shall have the elements preventing sliding.

The toy bearing on itself the mass of the child and which is not intended for driving shall be strong and steady against capsizing. Suspended swing shall be strong, seats of swing for children up to 3 years shall have the design interfering fall of the child.

Toy with the shell issued by means of the trigger, and also the shell having kinetic energy shall minimize risk of injuring of the child and (or) person who is looking after it.

In designers and models for assembly by children aged up to 10 years of ration it is not allowed.

The toy containing heating elements shall be made so that to provide the following:

temperature of all surfaces, available to contact, shall not lead to burn in case of contact;

level of intensity of integral flow of infrared radiation shall conform to the requirements of hygienic safety established in appendix 2 to this technical regulation of the Customs union;

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