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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 29, 2015 No. 808

About approval of the Technical regulation about safety of toys

(as amended on 06-07-2022)

According to provisions of Article 18 and line item 3 appendices 3 to the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity (The official monitor of the Republic of Moldova, 2012, Art. No. 46-47, 136) DECIDES: the Government

1. Approve the Technical regulation about safety of toys, according to appendix No. 1.

2. This resolution becomes effective after 24 months from the date of publication in the Official monitor of the Republic of Moldova, except for:

1) Items 53, 85, 88, 118, 121-122, 140-141 Technical regulation about safety of toys which will become effective from the date of entry into force of the law on ratification of the Agreement on assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union;

2) Item 2 of part II and Items 2-5 of part III of appendix No. 2 to the Technical regulation on safety of toys which will become effective in case of entry into force of the national legal system on classification, marking and packaging of substances and mixes;

3) Item 10 of part III of appendix No. 2 to the Technical regulation on safety of toys which will become effective in case of entry into force of the national legal system on cosmetic products.

3. Before entry into force of the law on ratification of the Agreement on assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union:

1) ensuring presence in the market of the toys marked by the mark of conformity of SM put according to the requirements established in the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity is allowed;

2) the producer or his authorized representative – the legal entity with the location in the Republic of Moldova puts the sign SM in case assessment of conformity of the toys intended for the national market is performed by the conformity assessment bodies recognized by the Ministry of Economy and Infrastructure by use of the procedures provided by Chapter XIV of the Technical regulation about safety of toys. It is forbidden in the conditions provided by this resolution, simultaneous drawing on the same toy of mark of conformity of SM and marking of SE;

3) the Ministry of Economy and Infrastructure recognizes the bodies performing assessment of conformity of the toys intended for the national market according to the procedures provided in Chapter XIV of the Technical regulation about safety of toys. The procedure of notification is performed after the procedure of recognition established in Chapter IV-1 of the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity.;

4) requirements to notified conformity assessment bodies are applied also to the acknowledged conformity assessment bodies having similar legal status according to Law No. 235 provisions of December 1, 2011 on activities for accreditation and assessment of conformity. When holding procedures for assessment of conformity the acknowledged bodies performing assessment of conformity of toys constitute the test certificate of standard sample;

5) ceased to be valid;

6) the list including acknowledged conformity assessment bodies and their identification numbers is kept by the National center of accreditation MOLDAC and published on its official site.

7) provisions of this resolution to marking of SE are applied to the sign SM.

4. Obligations of the producer, his authorized representative, the importer or the distributor, legal entities with the location in the Republic of Moldova concerning the toys which are present at the market under the sign of SM correspond to those that are provided by this resolution for toys with marking of SE.

5. From the date of entry into force of the Technical regulation about safety of toys to cancel number of the orders of the Government, according to appendix No. 2.

6. To impose control over the implementation of this resolution on the Ministry of Economy and Infrastructure.

Prime Minister

Valeriu Strelets

Countersign:

deputy. Prime Minister, Minister of Economic Affairs

 

Stefan Christoph Brid

Minister of Health

Ruksanda Glavan

 

Appendix №1

to the Order of the Government of the Republic of Moldova of October 29, 2015 No. 808

The technical regulation about safety of toys

This Technical regulation shifts the Directive 2009/48/EU of the European Parliament and Council of June 18, 2009 about safety of toys published in the Official magazine of the European Union No. L 170 of June 30, 2009.

I. Scope

1. The technical regulation about safety of toys (further – the Technical regulation) establishes requirements about safety of toys.

2. This Technical regulation extends to the products developed or intended only or not only for games of children 14 years are younger (further – toys).

3. The products specified in appendix No. 1 to this Technical regulation are not toys in sense of this Technical regulation.

4. This Technical regulation does not extend to the following toys:

1) the equipment intended for general use at playgrounds;

2) the slot machines working for money or without them in places public;

3) the toy vehicles equipped with the internal combustion engine;

4) toys with the steam engine;

5) prashch and slingshots.

II. Terminology

5. For the purposes of this Technical regulation the concepts determined in the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity and also terms and determinations of the following value are used:

the economic agent – the producer, the authorized representative, the importer, the distributor;

it is held for use – assumes that the parent or person performing supervision for the child shall proceeding from properties of toy determine that it is intended for the specified age group;

toy for game on water – the toy intended for games in shallow water capable to bear loading of body weight of the child or to hold it in water;

toy for active games – toy for home use which design remains fixed in use and which is intended for the following types of activity of the child: to lasagna, jumps, swing, sliding, rocking, spinning, crawling or their any other combinations;

functional toy – the toy used in the same way, as well as product, the device intended for adults, which is including, large-scale model of such product, the device;

board game for development of sense of smell – game which purpose is development in the child of capability to distinguish various smells or aromas;

flavoring game – game which purpose is preparation by children of sweets or culinary recipes in which food ingredients, such as are used: sweets, liquids, powders and fragrances;

the chemical toy – the toy intended directly for carrying out experiences with chemicals and mixes which method of use shall correspond to age of the child and is performed under control of the adult;

marking of SE – the marking put with the producer and confirming the toy compliance fact to the requirements established by the Technical regulation on condition of its application;

danger – potential source of damnification;

functional product – the product used in the same way, as well as product, the device intended for adults, which is including, large-scale model of such product, the device;

return – any measure directed to return of toy which was already delivered to the end user;

cancellation – any measure directed to prevention of presence in the market of toy in supply chains;

risk – probable extent of emergence of danger as a result of which harm, and also severity of such harm is done;

the harmonized standard – the European standard created based on one of mandates of the European commission, accepted by the European standardization organization which provides presumption of compliance to the main requirements of the applicable Technical regulation provided with this standard;

supervision of the market – the activities and measures undertaken by supervision bodies behind the market in order that toys conformed to the main requirements and did not threaten health, safety or other aspects of protection of public concerns;

cosmetic set – the toy intended to help the child to learn to create such cosmetics as soap, creams, shampoos, bath foams, lip gloss, lipsticks and other means for make-up, toothpaste and balms;

harm – physical damage, and also any other damage to health, including its long frustration;

the designed speed – the optimum speed of work determined when designing toy.

III. Obligations of producers

6. When ensuring presence in the market of toys producers shall guarantee that they were designed and made according to the main safety requirements provided in Chapter VIII and appendix No. 2 to this Technical regulation.

7. Producers shall constitute the technical documentation requested according to Chapter XVI of this Technical regulation and carry out the relevant assessment procedure of compliance provided in Chapter XIV of this Technical regulation.

If toy compliance to the applied requirements by means of assessment procedure of compliance was confirmed, producers shall constitute the declaration of conformity and put marking of CE.

8. Producers shall store technical documentation and the declaration of conformity within 10 years after introduction on the market of toy.

9. Producers shall guarantee availability of procedures which provide continuous compliance for batch production. It is necessary to take into account changes in designing which belong to characteristics of toy, and changes in the harmonized standards concerning which it is declared toy compliance.

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