of October 29, 2015 No. 808
About approval of the Technical regulation about safety of toys
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.
1) Items 53, 85, 88, 118, 121-122, 129-1 and 140-141-4 Technical regulations 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) presence in the market of the toys having marking of compliance of SM which is put according to provisions of the Law No. 235/2011 on activities for accreditation and assessment of conformity is allowed;
2) the producer or his authorized representative - the legal entity with the permanent location in the Republic of Moldova puts marking of compliance of SM and issues the declaration of conformity in case assessment of conformity of the toys intended for the national market is carried out by the conformity assessment bodies recognized by the Ministry of Economic Development and digitalizations using the procedures provided in Chapter XIV of the Technical regulation about safety of toys. Availability of marking of the EU on toy excludes need of drawing on the same toy of marking of compliance of SM;
3) the Ministry of Economic Development and digitalizations recognizes for the purpose of notification 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 recognized, with indication of tasks for which they were 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 concerning marking of SE, testing of SE of standard sample and the declaration of conformity SE are applied equally respectively to marking of compliance of SM, testing of standard sample and the declaration of conformity.
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 marking of compliance 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 Economic Development and digitalizations.
deputy. Prime Minister, Minister of Economic Affairs
Stefan Christoph Brid
Minister of Health
to the Order of the Government of the Republic of Moldova of October 29, 2015 No. 808
The technical regulation about safety of toys 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 by L 170 of June 30, 2009 with the changes made by the Directive (EU) 2021/903 Commissions of June 3, 2021 about change of the Directive 2009/48/EU of the European Parliament and Council concerning specific extreme values of aniline in some toys published in the Official magazine of the European Union by L 197 of June 4, 2021.
1. The technical regulation about safety of toys (further – the Technical regulation) establishes requirements to safety of toys and their free movement in the market of the Republic of Moldova.
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.
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.
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 SE and put marking of CE.
8. Producers shall store technical documentation and the declaration of conformity SE 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.
Every time when it is justified by the risks proceeding from toy, producers for the purpose of protection of health and safety of consumers shall make testing of samples of products, conduct necessary researches, keep the register of claims concerning the toys which are not conforming to the established requirements and their responses, and also to inform distributors on carrying out such monitoring.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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