COMMISSION DECISION
of 7 March 2013
on the safety requirements to be met by European standards for certain seats for children pursuant to Directive 2001/95/EC of the European Parliament and of the Council on general product safety
(Text with EEA relevance)
(2013/121/EU)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), and in particular Article 4(1)(a) thereof,
Whereas:
(1)
Products which conform to national standards that transpose European standards drawn up under Directive 2001/95/EC and referenced in the Official Journal of the European Union benefit from a presumption of safety.
(2)
European standards are to be drawn up on the basis of requirements intended to ensure that products which conform to them satisfy the general safety requirement set out in Article 3 of Directive 2001/95/EC.
(3)
European standards EN 14988-1:2006 (Part 1: Safety requirements) and EN 14988-2:2006 (Part 2: Test methods) for children’s high chairs need to be revised. In particular, more stringent safety requirements need to be introduced with regard to falling and entanglement hazards.
(4)
European standard EN 1272:1998 (Safety requirements and test methods) for table-mounted chairs is not referenced in the Official Journal of the European Union. As a consequence, national standards that transpose that European standard do not give rise to a presumption of safety.
(5)
No European standards exist for children’s chairs or for chair-mounted seats.
(6)
It is therefore appropriate to determine the requirements intended to ensure that such seats for children satisfy the general safety requirement set out in Article 3 of Directive 2001/95/EC.
(7)
The measures provided for in this Decision are in accordance with the opinion of the Committee on General Product Safety,
HAS ADOPTED THIS DECISION:
Article 1
Definitions
For the purposes of this Decision, the following definitions apply:
(a)
‘Chair-mounted seat’ means a product intended to be fixed onto an adult chair to raise the sitting position of a child up to 36 months old who is able to sit up unaided;
(b)
‘Children’s chair’ means a chair intended for seating one child, of a size adjusted to the child’s age and intended to be placed on the floor;
(c)
‘Children’s high chair’ means a free-standing chair that elevates the child from six months to 36 months of age to approximately dining-table height, intended for feeding a child who is able to sit up unaided, if the child is appropriately secured in the sitting position;
(d)
‘Table-mounted chair’ means a chair normally used for children who are able to sit up unaided that is intended to be attached to a table or other horizontal surface.
Article 2
Safety requirements
The specific safety requirements for products referred to in Article 1, which are to be met by European standards referred to in Article 4(1) of Directive 2001/95/EC, are set out in the Annex to this Decision.
Article 3
Entry into force
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 7 March 2013.