Ukraine: Technical Regulation on the safety of toys is to enter into force

As of 21 September 2018, importers and manufacturers of toys are required to ensure their products comply with the adopted Technical Regulation on the Safety of Toys (TR). There is no transitional period but all toys that are compliant with the “old” TR on toy safety (i.e. adopted in 2013) and that have been issued conformity assessment documents before the 2018 TR enters into force (i.e. before 21 September 2018) can remain on the market provided that they have been placed on the market before 21 September 2018.

The adopted TR has been drafted based on the EU Toy Safety Directive 2009/48/EC subject to some deviations.

The TR applies to products that have been developed or intended for children up to 14 years of age to use in play. The EU Directive has a broader scope since it applies to products designed or intended “whether or not exclusively”, for use in play by children under 14 years of age.

Same as the EU Toy Safety Directive, the TR does not apply to the following toys:

  1. playground equipment intended for public use;
  2. automatic playing machines, whether coin operated or not, intended for public use;
  3.  toy vehicles equipped with combustion engines;
  4. toy steam engines; and
  5. slings and catapults.

Toys compliant with the Toy Safety TR must be marked with the national mark of conformity of Ukraine (CE marking only will not be sufficient).

Economic operators placing toys on the market (i.e. manufacturers or importers) are required to issue a declaration of conformity and to keep technical documentation for their products for ten year after a particular product has been placed on the market.

Law: Technical Regulation on the Safety of Toys, adopted by Decree No. 51 of 28 February 2018