EN Official Journal of the European Union L 4/91

COMMISSION DECISION

of 7 January 2010

on the safety requirements to be met by European standards for consumer-mounted childproof locking devices for windows and balcony doors pursuant to Directive 2001/95/EC of the European Parliament and of the Council

(notified under document C(2009) 10298)

(Text with EEA relevance)

(2010/11/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) Directive 2001/95/EC provides for European standards to be established by European standardisation bodies. Such standards should ensure that products satisfy the general safety requirements of the Directive.

(2) Under Directive 2001/95/EC a product is presumed safe, as far as the risks and risk categories covered by national standards are concerned, when it conforms to voluntary national standards transposing European standards.

(3) Accidental falls from heights, such as windows or balconies, are a leading cause of death or permanent brain or skeletal damage in children below 5 years. They are a major problem in urban areas with a strong concentration of multi-storey blocks of flats, and peak in spring and summer, when windows are left open for longer periods. In the Île-de-France region, between May and September 2005, 67 accidental falls of children were registered, totalling almost 14 cases per month. In Denmark and Sweden, between 20 and 60 cases are registered every year. In the years between 1996 and 2003, the number of falls involving children averaged 79 per year in Greece, 130 per year in the Netherlands and 25 per year in the United Kingdom.

(4) To reduce or prevent accidental falls, there are requirements on the size of windows, and on the presence and features of window rails and window guards. However, these requirements are generally laid down in national construction codes, which vary from one Member State to another.

(5) On the market there are also products designed to limit or block the opening of windows and balcony doors. Such products are fitted by the consumer directly onto the window or balcony door.

(6) There are no European safety standards for these products. At present, the main references for economic operators and market surveillance authorities are contained in some national and international standards and test methods.

(7) Between 2005 and 2007, Austria, Denmark and Norway jointly carried out a project to evaluate the safety of consumer-mounted locking devices for windows and balcony doors available on the market and assess the suitability of existing national and international test methods. In addition, participants took into account the requirements developed by ANEC (2) in a study on child-protective devices published in 2004 (3), as well as some requirements from the EN-71:1 standard on the safety of toys.

(8) The project results showed that several of the models of locks tested could be disengaged by children, despite the childproof claim; other models collapsed, broke or did not withstand the ageing test and all models tested lacked some of the required basic instructions.

(9) Therefore it is necessary to set specific requirements pursuant to Article 4(1)(a) of Directive 2001/95/EC and, on the basis of such requirements, subsequently mandate the drafting of European safety standards to ensure these devises are child resistant, retain structural integrity throughout their expected lifetime, are resistant to ageing and exposure to weather conditions and provide clear instructions and information to users. These standards should be developed in line with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (4). The reference of the standard adopted should be published in the Official Journal of the European Union, in accordance with Article 4(2) of Directive 2001/95/EC.

(10) The locking devices covered by this Decision should be only those fitted by consumers on windows or balcony doors. Locking devices that are integrated in the window or balcony door frame are covered by technical specifications laid down in Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products (5).

(11) Once the relevant standards are available, and provided that the Commission decides to publish their reference in the Official Journal, according to the procedure laid down in Article 4(2) of Directive 2001/95/EC, childproof consumer-mounted locking devices for windows and balcony doors should be presumed to conform to the general safety requirement of Directive 2001/95/EC, as far as the safety requirements covered by the standards are concerned.

(12) The measures provided for in this Decision are in accordance with the opinion of the Committee set up pursuant to Article 15 of Directive 2001/95/EC,

HAS ADOPTED THIS DECISION:

Article 1

Definitions

For the purposes of this Decision:

— ‘consumer-mounted locking device’ means a device that either blocks or limits to a predetermined position the opening of a window or balcony door. Such device is designed to be retrofitted by the consumer to windows or balcony doors,

— ‘childproof’, or ‘child resistant’, shall mean that the device cannot be disengaged by a child younger than 51 months.

Article 2

Requirements

The specific safety requirements for the consumer-mounted childproof locking devices to be met by European standards pursuant to Article 4 of Directive 2001/95/EC shall be set out in the Annex to this Decision.

Article 3

Publication

This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Done at Brussels, 7 January 2010. For the Commission The President José Manuel BARROSO

(1) OJ L 11, 15.1.2002, p. 4.

(2) ANEC — The European consumer voice in standardisation. http://www.anec.org/anec.asp

(3) http://www.anec.org/attachments/r&t005-04.pdf

(4) OJ L 204, 21.7.1998, p. 37.

(5) OJ L 40, 11.2.1989, p. 12.