SAFEGUARDS | Toys & Juvenile Products NO. 052/18
In March 2018, the World Trade Organization (WTO) circulated a notification from Ukraine announcing its adoption of the Draft Resolution of the Cabinet of Ministers of Ukraine ‘On Approval of the Technical Regulation on the Safety of Toys’ (Draft Technical Regulations ) on February 28, 2018.
The new Technical Regulations , attached to WTO document number 18-1904  and notified under G/TBT/N/UKR/120/Add. 1, will repeal Decree of the Cabinet of Ministers of Ukraine dated July 11, 2013 No. 515  ‘On Approval of the technical Rules for the Safety of Toys’ (Official Gazette of Ukraine, 2013, No. 61, item 2192), a piece of legislation which considered the provisions in Directive 2009/48/EC, the so-called the European Toy Safety Directive (TSD), but without amendments that were introduced after adoption of the Technical Regulations.
The safety requirements in the new Technical Regulations are similar to the latest requirements in the TSD. These include, inter alia, the following:
Obligations for economic operators (manufacturers, authorized representatives (AP), importers and distributors), including considerations where obligations for manufacturers are applied to importers and distributors
Requiring a declaration of compliance (DoC, Annex 3) for compliant toys
Before placing a toy on the market, manufacturers are obliged to carry out a safety assessment on the analysis of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the toy may present and an assessment of the potential exposure to such hazards
Applying conformity assessment procedures using national standards from a list of national standards for demonstrating presumption of conformity and covering all safety requirements, or a type examination procedure
Requiring manufacturers to draw up a technical documentation containing the information in Annex 4
Requiring authorities to carry out market surveillance activities
Requiring warnings to be marked in a manner that is clearly visible, easily legible, understandable and accurate on the toy or on an affixed label or on the packaging. Warnings are to be affixed to small toys which are sold without packaging
Requiring a conformity mark  for compliant toys to be placed on the market
Providing a list of products that are not considered as toys (Article 3 and Annex 1)
Specific requirements for properties relating to physical and mechanical, flammability, chemical, electrical, hygiene and radioactivity (Annex 2)
It is interesting to note that Ukraine has adopted the more stringent requirements for the migration of lead in all three categories of toy materials  that are regulated under Directive (EU) 2017/738, amending the TSD.
A summary of the new Technical Regulations is in Table 1
|Toys||Resolution of the Cabinet of Ministers of Ukraine dated February 28, 2018, No. 151||Conform||September 21, 2018|
Stakeholders are advised to comply with the latest requirements for toy safety for the Ukrainian market.
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