Manufacturers and importers of toys may soon have to comply with the safety requirements that would be imposed by the draft Technical Regulation on the Safety of Toys. The draft Technical Regulation on Safety of Toys was proposed on 29 August 2017 and has been developed on the basis of the provisions of the EU Directive on Safety of Toys (“the Toys Directive 2009/48/EC”).
The Draft applies to products that have been developed or intended, whether or not exclusively, to be used in play by children under 14 years of age.
The following items are excluded from the scope of the TR:
- decorative items used for celebrations,
- collectables items,
- scale models,
- firearm replicas,
- historic replicas,
- sports equipment, such as rollerblades,
- bicycles with a maximum saddle height exceeding 435 mm,
- certain types of electric vehicles,
- puzzles consisting of more than 500 pieces,
- compressed air guns,
- fireworks,
- darts,
- educational tools,
- electrical and electronic equipment (e.g. personal computers and game consoles) and peripheral devices, except where such equipment is specifically designed for children and has a play value,
- pacifiers,
- lighting,
- interactive software intended for entertainment (e.g. computer games) and
- fashion accessories not to be used in play.
The full list of products exempt from the scope of the TR is provided in Annex 1 to the TR.
The manufactures are required to:
- ensure that all toys they place on the Ukrainian market have been designed and manufactured in accordance with the provisions of the TR set out by Articles 33-35 and Annex 2;
- draw up the necessary technical documentation and perform the necessary conformity assessment procedure pursuant to Articles 51-53;
- draw up a declaration of conformity (DoC);
- affix the national mark of conformity on each product;
- ensure that each product bears a type, batch or serial or model number or other element allowing their identification, or, if the size or nature of the toy does not allow this, to provide the necessary information on the packaging or in a document accompanying the toy;
- keep the technical documentation and the DoC for at least 10 years after the toy has been placed on the market;
- keep a register of complaints as well as of all products that are not compliant with the TR,
- keep a register of all product recalls and inform distributors of any such recalls;
- indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, where that is not possible - on the packaging or the accompanying document;
- accompany each toy by instructions and safety information in a language that is compliant with the law on the use of languages of Ukraine (the official language of Ukraine is Ukrainian).
If a manufacturer considers or has a reason to believe that a toy which it has placed on the market is not compliant with all Technical Regulations that apply to it, must immediately take the required corrective measures necessary to bring this product into compliance or to withdraw it and/or to recall it, if required. If a toy poses a risk, the manufacturer must immediately inform the national market surveillance authority and provide details, including the information regarding the non-compliance and any corrective measures taken by the manufacturer.
All toys must have the required warning labels. Such labels must be placed on the product or on the packaging. All marking must be provided in clear, visible, legible and indelible manner. Small toys sold without packaging must have the necessary warnings affixed to them. Such warnings shall be preceded by the word ‘Warning’ or ‘Warnings’. The warnings and safety instructions must be provided pursuant to the law on the use of languages of Ukraine.
Manufacturers are required, following a reasoned request from the national market surveillance authorities to provide all the information and documentation necessary to demonstrate product compliance in the official language of Ukraine. The manufacturers must cooperate with the market surveillance authority on any action taken to eliminate the risks presented by toys which they have placed on the Ukrainian market.
Toys, including chemical substances contained in toys, must not present any risks to the health or safety of users or of any third party if used in accordance with their purpose.
All products put into circulation before the draft Technical Regulation on Safety of Toys enters into force, will not be prohibited or restricted from being placed on the market due to reasons of non-compliance with the requirements of the draft Technical Regulations. If adopted, the TR enters into force 6 months after its official publication replacing the Technical Regulation on the safety of toys that is currently in force.