WRITTEN QUESTION E-2029/00

by Reino Paasilinna (PSE) to the Commission

(21 June 2000)

Subject: Automatically opening clasps on children's bicycle helmets

A number of fatal accidents involving children have occurred recently in which the cause of death was that the clasp on the bicycle helmet would not open under the child's weight at the time of the accident.

How is the quality of bicycle helmets for sale in the EU regulated at Community level? Is it possible to make it a compulsory requirement that bicycle helmets should have a clasp which opens automatically under the child's weight?

Answer given by Mr Liikanen on behalf of the Commission

(27 July 2000)

In the light of the information received from the Finnish Ministry of Social Affairs and Health, the fatal accidents involving children wearing bicycle helmets were caused by the helmets becoming trapped in fixed equipment during their use in playgrounds. The helmets were not being used for their intended purpose and the children died by strangling on the helmets' fastening device. In such cases, the protection offered by the chin strap, although adequate for cycling, becomes dangerous when children become trapped and hang themselves.

Cycling helmets are covered by the new approach Council Directive 89/686/EEC of 21 December 1989, on the approximation of the laws of the Member States relating to personal protective equipment (PPE)(1). This Directive has been obligatory since 1 July 1995; Annex 2 contains the essential health and safety requirements that must be respected by the manufacturer, in so far as applicable. The requirements stipulate that helmets and their chin straps must be so designed and manufactured that in the foreseeable conditions of use for which they are intended the user can enjoy appropriate protection of the highest possible level.

Standard EN 1078 Helmets for pedal cyclists and for users of skateboards and roller skates mentions in its introduction the danger of children being strangled due to the helmet becoming trapped. It makes reference to standard EN 1080 Impact protection helmets for young children, which concerns helmets for children of below seven years of age that are not intended for use either during games on playgrounds, or when using playground equipment.

As with all the harmonised standards whose references are published in a new approach directive, it is not obligatory to apply standards EN 1078 and EN 1080, although they serve as a reference for manufacturers. However, when these standards are applied, bicycle helmets intended for children do benefit from a presumption of conformity with Directive 89/686/EEC.

Member States are responsible for monitoring the market and taking appropriate measures regarding equipment that is not in conformity or is dangerous. The procedure known as the safeguard clause, included in Article 7 of Directive 89/686/EEC, allows a Member State that discovers that PPE bearing the EC mark and used in accordance with its intended purpose could compromise the safety of individuals to take all necessary measures to remove that PPE from the market and prohibit its marketing or free movement. The Member State concerned must inform the Commission of such action, indicating the reasons for its decision. This procedure also allows standards with shortcomings to be challenged.

The European Committee for Standardisation has been contacted to examine whether standards EN 1078 and EN 1080 have shortcomings and whether it would be appropriate to amend them to better prevent accidents by strangulation, while still maintaining the helmets' protective properties when used for their intended purpose.

(1) OJ L 399, 30.12.1989.