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

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, 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.

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

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.

I. Scope

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.

II. Terminology

5. For the purposes of this Technical regulation the following concepts are used:

presence in the market - delivery of toy for its distribution, consumption or use in the market of the Republic of Moldova within business activity on paid or free basis;

introduction on the market - the first ensuring presence of toy in the market of the Republic of Moldova;

producer - physical person or legal entity which makes toy or for which the toy is developed or made, realizing this toy under own name or trademark;

the authorized representative - any physical person or legal entity with the location in the Republic of Moldova which was in writing authorized by the producer to carry out certain tasks from his name;

the importer - any physical person or legal entity with the location in the Republic of Moldova which enters on the market of the Republic of Moldova toy from the third country;

the distributor - any physical person or legal entity in supply chain, except the producer or the importer, the providing presence of toy in the market;

economic operators - the producer, the authorized representative, the importer and the distributor;

the harmonized standard - the harmonized standard as it is determined in article 2 of the Law No. 20/2016 on national standartization;

the harmonizing legislation of the Union - any European Union law harmonizing products sales terms;

accreditation - accreditation as it is determined in article 2 of the Law No. 235/2011 on activities for accreditation and assessment of conformity;

assessment of conformity - process by means of which accomplishment of the set requirements to toy is estimated;

conformity assessment body - the body performing activities for assessment of conformity including calibration, testing, certification and inspection;

response - any measure taken for the purpose of return of toy which was already made available to the end user;

withdrawal - any measure taken for the purpose of prevention of presence in the market of the equipment at supply chain;

supervision of the market - the activities and measures undertaken by supervision bodies behind the market to make sure that toys conform to applicable requirements and do not threaten health, safety or other aspects of protection of public concerns;

marking of SE - marking by means of which the producer specifies that the toy conforms to the applicable requirements established by the technical regulations providing its drawing on toy;

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;

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;

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;

the designed speed - the optimum speed of work determined when designing toy;

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;

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;

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

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;

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

harm - physical damage, and also any other damage, including long, to health;

danger - potential source of damnification;

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

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.

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 Items 38 and 42 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.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info