On 23 September 2011, the Customs Union Commission of Russia, Kazakhstan and Belarus (the "Commission") adopted technical regulations on toy safety (the "Regulations").

The Regulations cover toys that have not previously been available for use. The exceptions are (i) custom-made toys; (ii) exhibition samples; and (iii) products that are not classified as toys in accordance with Annex 1 to the Regulations.

The Regulations stipulate that a toy has to be designed so that its (i) structure; (ii) materials used; and/or (iii) the very use are/is not hazardous to the life and health of a child or persons looking after the child. Specifically, the Regulations set safety requirements for materials used for manufacturing, packaging, marking and the technical documentation that accompanies the toy.

Prior to being delivered to the market, toys must undergo confirmation of conformity to the safety requirements of the Regulations. Accredited test laboratories (centres) included in the Unified Register are responsible for conducting the confirmation. To this end, a manufacturer or importer must provide an established list of documents to be subsequently supplemented with (i) a test report; (ii) the results of a production status analysis; (iii) and a conformity certificate. The manufacturer or importer must keep the supplemented list of documents on toys/lot of toys for at least ten years after the toys have ceased being produced.

[Decision No. 798 of the Customs Union Commission "On Adopting the Customs Union Technical Regulations 'On Toy Safety'", dated 23 September 2011]