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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 02-12-2024)

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)

The preface is excluded according to the Decision of Council of the Eurasian economic commission of 26.01.2024 No. 5

Article 1. Scope

1. This technical regulation establishes obligatory for application and execution on customs area of the Eurasian Economic Union (further - the Union) safety requirements to toys.

If concerning toys other technical regulations of the Union (Customs union) establishing safety requirements to toys are accepted, such toys shall conform to requirements of all technical regulations of the Union (Customs union) which action extends to them.

Action of this technical regulation extends to the toys released on customs area of the Union.

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

3. This technical regulation is accepted for the purpose of protection of life and health of the children and persons who are looking after them and also the prevention of the actions misleading acquirers (consumers) of toys concerning their appointment and safety.

Article 2. Determinations

For the purposes of application of this technical regulation the concepts established by the Protocol on technical regulation within the Eurasian Economic Union (appendix No. 9 to the Agreement on the Eurasian Economic Union of May 29, 2014), are used by the standard schemes of assessment of conformity approved by the Decision of Council of the Eurasian economic commission of April 18, 2018 No. 44, and also concepts which mean the following:

the flavored toy – the toy or part of toy processed by food natural fragrance;

trampoline for home use (trampoline) – the toy bearing the body weight of the child which design allows to make jumps;

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 active recreation – the toy intended for active recreation in which the supporting framework remains motionless in usage time and on which it is possible to carry out clamber, jumps, rocking, sliding, swing, spinning, splashing, crawling or any combination of these actions;

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 the soft filler allowing the child it is easy to squeeze its main part hand;

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

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

the commercial name of toy – the word or the phrase which can supplement the name of toy.

The commercial name of toy can not reflect its consumer properties and shall not replace with itself product name, and also can match with the trademark of the manufacturer (for example, "doll of Baby Born "Magic Girl");

the flying toy – the toy or part of toy intended for start in free flight by means of power source (for example, the compressed gas, spring, electricity or inertial force) which continues to set object in motion after initial start-up throughout certain period or all flight;

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

toy material - all materials which are part of toy;

set for production of perfumery and cosmetic products – the toy intended for assistance to the child in acquisition of skills of production of such products as soap, cream, shampoo, bath foam, lipstick, toothpaste, the conditioner, and other similar products;

set for development of flavoring skills (flavoring set) – the toy intended for assistance to the child in preparation of dishes and drinks which include such food ingredients as aromatic substances, liquids and dry mixes;

board game for development of sense of smell (set for development of sense of smell) – the toy intended for assistance to the child in acquisition of skills of recognition of different smells and aromatic compositions;

the address of toy in the market - processes of transition of toy from the manufacturer to the user (acquirer) on customs area of the 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;

rattle – the toy intended for children of chest age (till 1 year) which makes sound when stirring and which design allows to apply it in case of continence in hand the child or person who is looking after it;

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 - the product sample chosen from group of homogeneous toys (toy of one manufacturer, one age adresovannost (for children under 3 years, of 3 years is also more senior), the same design, with the same functions, made according to one technical document of the same materials to which the same safety requirements are imposed), having the greatest set of the functional characteristics (combining all design features of the same products) providing accomplishment of the established safety requirements;

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;

the device for reproduction of soundtracks – the toy element intended for reproduction of the sound signals received as a result of sound recording and containing on the analog or digital carrier or which are written down in certain file which set can change the user;

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;

electromechanical toy – toy in which the electric motor intended for the drive of components of toy is used.

Article 3. Rules of market circulation of the Union

1. Toys are released on customs area of the Union provided that they underwent the necessary assessment procedures of compliance established by this technical regulation, and also other technical regulations of the Union (Customs union) which action extends to them.

2. Toys which compliance to requirements of this technical regulation is not confirmed shall not be marked by single market circulation mark of the Union and are not allowed to release into the stream of commerce on customs area of the Union.

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

2.1. Materials of which toys are made shall be net (without pollution).

2.2. In the toys intended for children under 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.

2.3. 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.

2.4. In the toys intended for children aged 3 years are more senior, glass (which the child can touch fully or partially) can be applied in cases if it:

it is functionally proved (for example, for optical toys, bulbs, the glass applied in sets to experiences);

the fiber glass strengthening fabric if it is component of polymeric composition material;

the products made of massive glass in the form of spheres or eyes for dolls.

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

The superficial covering and list of rattles, and also elements of toys which on functional purpose have direct contact with the child's mouth (for example, in pipes – mouthpiece for air inflation, in balls inflatable – opening and adjacent part for air inflation, etc.) shall be resistant to effect of saliva, sweat, wet processing, hot water, attrition.

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 and shall conform to safety requirements of this technical regulation.

3.1. Organoleptic indicators

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

3.2. Physical and mechanical properties

3.2.1. The toy and its components, including fasteners, shall maintain the mechanical loadings arising when using toy to destination. The toy shall not collapse, randomly develop in case of its proper use, and also shall keep the consumer properties.

3.2.2. 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.

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