Commission Decision (EU) 2023/1338 of 28 June 2023 on the safety requirements to be met by European standards for certain children’s products and related products pursuant to Directive 2001/95/EC of the European Parliament and of the Council (Text with EEA relevance)
Date: 2023-06-28
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: European standard, child, early childhood, product safety, safety standard








L_2023166EN.01016201.xml










30.6.2023   


EN


Official Journal of the European Union


L 166/162








            COMMISSION DECISION (EU) 2023/1338
of 28 June 2023
         
on the safety requirements to be met by European standards for certain children’s products and related products pursuant to Directive 2001/95/EC of the European Parliament and of the Council
(Text with EEA relevance)


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), point (a), thereof,

Whereas:







(1)


Directive 2001/95/EC applies to all the products as defined in its Article 2(a) in so far as there are no specific provisions with the same objective in rules of Union law governing the safety of the products concerned.












(2)


Products that conform to national standards transposing European standards drawn up under Directive 2001/95/EC and the references of which have been published by the Commission in the Official Journal of the European Union benefit from a presumption of safety.












(3)


With the new Consumer Agenda 2020 (2), the Commission commits to strengthening the safety of children’s products, given the particular vulnerability of this category of consumers, by adopting safety requirements to be met by European standards for those products. Of all the products notified as dangerous in 2020 and 2021 using the Union rapid alert system ‘Safety Gate’, formerly known as Rapid Exchange of Information System ‘RAPEX’, more than 20 % were products for children. Furthermore, with its communication on Chemicals Strategy for sustainability towards a toxic-free environment (3), the Commission notably aims to enhance the safety of children from hazardous chemicals in consumer products intended for them.












(4)


Commission has already adopted Decision 2010/9/EU (4) on the safety requirements to be met by European standards for bath rings, bathing aids and bath tubs and stands for infants and young children, Decision 2010/376/EU (5) on the safety requirements to be met by European standards for certain products in the sleep environment of children and Decision 2013/121/EU (6) on the safety requirements to be met by European standards for certain seats for children. However, in addition to those decisions, it is necessary to lay down requirements to be met by European standards for a wider group of children’s products and related products.












(5)


The rules on the safety of toys are laid down in Directive 2009/48/EC of the European Parliament and of the Council (7). However, Directive 2001/95/EC applies to the aspects and risks or categories of risks not covered by Directive 2009/48/EC. This Decision should therefore include requirements to be met by European standards for children’s products and related products insofar as risks or categories of risks are not covered by Directive 2009/48/EC.












(6)


The safety requirements are necessary for the purposes of drawing up and updating European standards for certain children’s products and related products. Those requirements need to ensure that products which conform to those standards satisfy the general safety requirement set out in Article 3 of Directive 2001/95/EC.












(7)


Those safety requirements should reflect the new scientific and technical knowledge and the market evolution. The use of a hazard-based approach allows a comprehensive assessment of risks to which children can be exposed while using products intended for them. In addition, this approach helps to acknowledge and address uncertainties of future new products. Furthermore, the hazard-based format makes the comparison of these requirements and the content of the standards easier facilitating the compliance of standards with the requirements. It is therefore necessary to use a hazard-based approach when establishing the safety requirements to be met by European standards for children’s products and related products.












(8)


The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 15 of Directive 2001/95/EC,





HAS ADOPTED THIS DECISION:



Article 1

Scope

This Decision applies to the European standards referred to in Article 4(1) of Directive 2001/95/EC for the following products:






(a)


children’s products intended to be worn by children;










(b)


children’s products intended to facilitate or protect the seating function, sleeping function, bathing function, body care, relaxation, transportation and early learning;










(c)


children’s products intended to facilitate the feeding, drinking or sucking of children;










(d)


children’s products that offer one or several functions listed in points (a), (b) and (c) and one or several other functions;










(e)


products related to children’s products, including the following products:






(i)


products and accessories specifically designed for use with children’s products referred to in points (a)to (d) or in combination with those products;










(ii)


products to be used and mounted or installed by adults which are accessible to a child or offer a protective function to a child.










Article 2

Safety requirements

The safety requirements to be met by European standards referred to in Article 4(1), point (a), of Directive 2001/95/EC for certain children’s products and related products referred to in Article 1of this Decision, 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, 28 June 2023.


For the Commission


The President

Ursula VON DER LEYEN
            





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

(2)  Communication from the Commission to the European Parliament and the Council, New Consumer Agenda – Strengthening consumer resilience for sustainable recovery, COM(2020) 696 final of 13.11.2020.

(3)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Chemicals Strategy for Sustainability Towards a Toxic-Free Environment, COM(2020) 667 final of 14.10.2020.

(4)  Commission Decision 2010/9/EU of 6 January 2010 on the safety requirements to be met by European standards for bath rings, bathing aids and bath tubs and stands for infants and young children pursuant to Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ L 3, 7.1.2010, p. 23).

(5)  Commission Decision 2010/376/EU of 2 July 2010 on the safety requirements to be met by European standards for certain products in the sleep environment of children pursuant to Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ L 170, 6.7.2010, p. 39).

(6)  Commission Decision 2013/121/EU 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 (OJ L 65, 8.3.2013, p. 23).

(7)  Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1).




ANNEX

SAFETY REQUIREMENTS TO BE MET BY EUROPEAN STANDARDS FOR CERTAIN CHILDREN’s PRODUCTS AND RELATED PRODUCTS REFERRED TO IN ARTICLE 1








1.

Chemical hazards
166










2.

Thermal hazards
167










3.

Flammability hazards
167










4.

Entrapment hazards
168










5.

Hazards from moving parts – including shearing, cutting crushing hazards.
168










6.

Hazards from children’s products designed to fold for storage and transportation
169










7.

Hazards from children’s products designed to be dismantled for storage and transportation
169










8.

Hazards related to attachment mechanisms and opening and closing systems
169










9.

Hazards associated with wheeled products
170










10.

Entanglement hazards
170










11.

Choking hazards
170










12.

Suffocation hazards
171










12.1.

Hazards linked to breathing
171










13.

Ingestion hazards
171










14.

Insertion and aspiration hazards
171










15.

Hazardous points, edges and projections
171










16.

Structural integrity hazards
172










17.

Hazards associated with protective functions
172










18.

Hazards associated with restraint systems
173










19.

Hazards associated with stability
173










20.

Falling hazards
173










21.

Drowning hazards
174










22.

Electrical hazards
174










23.

Biometric hazards
174










24.

Acoustic hazards
174










25.

Radiation hazards
174










26.

Radioactive hazards
175










27.

Hygiene’s hazards
175










28.

Hazards associated with information supplied with the product
175



This Annex sets out safety requirements to be met by European standards for children’s products and related products referred to in Article 1 of this Decision. Those requirements intend to ensure that products which conform to those standards satisfy the general safety requirement set out in Article 3(1) of Directive 2001/95/EC.
Children’s products shall not jeopardise the safety or health of children and carers when they are used under reasonably foreseeable conditions, bearing in mind the behaviour, the abilities or vulnerability of children and carers.
Whenever possible, special needs of users with disabilities – both carers and children, shall be taken into account to ensure their safety.
Safety-by-design shall always be prioritised.
Appropriate information to draw the attention of parents and carers shall be placed on the children’s products – and/or packaging – indicating the inherent hazards involved in using the products and the methods to avoid them. This shall include warnings (pictograms and/or text) and instructions for use and/or maintenance.
Children’s products shall maintain their safety and their safety characteristics during their foreseeable lifetime. They shall be designed and manufactured in such a way that any hazards associated with continued use over the foreseeable timeframe are limited as much as possible.
Children’s products intended to be used in the course of a service shall meet specific requirements to take into account they are more often used, for a longer timeframe and may be subject to higher constraints.
Standards drafted further to Commission standardisation requests based on these safety requirements must take into account the latest anthropometric data, medical research, known health advice that relates specifically to child safety (e.g. safe sleep practices), and state-of-the-art scientific and technical knowledge regarding children’s safety and/or health.
Designers and manufacturers must remember that hazards with product for children are not limited to those mentioned in this document. Furthermore, other Union rules on the safety of products, such as those on chemical safety, must be complied with.
Additional hazards must be considered, that relate to the safe use and function of products (including those associated with artificial intelligence, cybersecurity, internet connectivity, security and privacy).
Any hazards related to remote communication, observation and control of the child by the carer must be considered.
Children develop physically, mentally, emotionally at different rates. Every standard developed to meet these safety requirements shall clearly specify in its scope the stage of development (such as age group, weight and height) and deliver the product safety requirements accordingly.
Where this approach is not followed, there shall be a justification placed in the informative annex to the standard.
Usability shall be considered in children’s products standards – in particular the design of the children product should allow a single adult user to install, manipulate and use the product.
Articles designed to be used with children’s products but which are subject to other standards, shall fulfil the requirements of both standards.
1.   CHEMICAL HAZARDS

Children’s products shall be designed and manufactured in such a way that there are no risks of adverse effects on human health for children or third parties (children and adults) due to exposure to the chemical substances or mixtures of which the children’s products are composed or which they contain, when the children products are used as intended or in a reasonably foreseeable condition of use, bearing in mind the behaviour of children, the particular use of a product and the resulting exposure conditions.
Children’s products – and their packaging – shall comply with all relevant Union legislation relating to certain categories of products or to restrictions for certain substances or mixtures.
Standards shall reflect latest chemical guidelines and relate specifically to knowledge regarding the safety and health of children (regarding mouthing, inhalation and absorption).
Whenever recycled materials are used, they shall fulfil these same requirements as native materials.
When laying down the requirements for the chemical safety of children’s products such as by determining appropriate limit value for chemicals, all relevant guidelines, regulatory provisions and latest scientific findings for similar products shall be taken into consideration. The current state of the art on testing methods should be applied for the assessment.
Due to specific use conditions (e.g.: exposure duration, particular use of a product) thresholds should also be adapted to meet the foreseeable use of the product.
2.   THERMAL HAZARDS

Children’s products shall be designed and manufactured in such a way that thermal hazards are limited as much as possible. The behaviour of the child and available data on the surface temperatures related to the burns shall be taken into consideration. Any residual hazards shall be covered by suitable warnings. Thermal hazards include, but are not limited to:






(a)


Contact with hot or cold surfaces.










(b)


Ingestion of hot foods or liquids.










(c)


Scalding.










(d)


Overheating (hyperthermia).










(e)


Becoming cold (hypothermia).




3.   FLAMMABILITY HAZARDS

Children’s products shall be designed and manufactured in such a way that flammability hazards are limited as much as possible.
Flammability hazards include, but are not limited to:






(a)


Hazards due to flash effect.










(b)


Hazards due to flame propagation.










(c)


Hazards from the melting behaviour of materials.










(d)


Hazards from contact with flames.




Children’s products shall be composed of materials that fulfil one or more of the following (not exhaustive) conditions:






(a)


They are not readily flammable and are self-extinguishing.










(b)


If they do ignite, they burn slowly and present a low rate of spread of the flame.










(c)


Irrespective of their chemical composition, they are designed so as to mechanically delay the combustion process.




Substances known as releasing very toxic fumes in case of combustion shall not be used in children’s products. Combustible materials shall not constitute a risk of ignition for other materials used in the product.
Substances and materials that are recognised as posing a serious danger to the health shall not migrate or be released in concentrations that could cause danger to the users of the product.
Standards should state that chemical flame-retardant substances should only be used when no other options is possible. If chemical flame retardant substances are used, their toxicity and end-of-life disposal shall not endanger the health of users, carers and the environment.
4.   ENTRAPMENT HAZARDS

Children’s products shall be designed and manufactured in such a way that entrapment hazards of a child’s body parts are limited as much as possible. Products must prevent the entrapment of a child’s head, neck, torso, arms, hands, fingers, legs, feet and toes.
Requirements for preventing entrapment shall include entrapment hazards from, but are not limited to, rigid and not rigid:






(a)


Completely bound openings.










(b)


Partially bound openings.










(c)


V-shaped openings.










(d)


Irregular shaped openings.










(e)


Dynamic openings.










(f)


Fastenings.










(g)


Holes.










(h)


Gaps.










(i)


Pressure from surrounding material.




All products forming a confined space into which a child can enter and get trapped shall be designed and manufactured in such a way that hazards from enclosure are minimised.
Standards shall clearly state safe dimensions in relation to entrapment hazards. These measurements shall always reflect latest anthropometric data of the children likely to use and interact with the product and relate specifically to knowledge regarding the safety of children.

Entrapment hazard created by movement shall be limited as much as possible by design. Residual hazards shall be covered by warnings and instructions.
Hazards associated with movement include, but are not limited to:






(a)


Entrapment created by the weight of a tipping product.










(b)


Entrapment created by gaps and openings associated with foreseeable use of the product (including those created by a moving child).










(c)


Entrapment created by gaps and openings accessible by the child but adjacent to the product.










(d)


Entrapment when the child lays their neck/throat on a soft or hard edge.










(e)


Entrapment caused by the product, but related to children who are not the main user of the product.




5.   HAZARDS FROM MOVING PARTS – INCLUDING SHEARING, CUTTING CRUSHING HAZARDS.

Children’s products shall be designed and manufactured in such a way that hazards from moving parts are limited as much as possible. Products must prevent scissoring, shearing (when components move relatively one to another and have a scissoring action), crushing (when components move relatively one to another and have a compression action), severing or cutting of whole body, limbs, fingers and toes.
Requirements for preventing hazards from moving parts shall be included for the following hazards (where appropriate), but are not limited to:






(a)


Movement of the product itself.










(b)


Movement of the bodyweight of the child.










(c)


Application/release of an external force.




Designers and manufacturers must take into account that hazards may change according to the accessibility of the moving parts; flexibility of the material (including fabric); effect of forces and positions of force; means of operating the moving parts; shape/material of the parts; ability of the child; etc.
6.   HAZARDS FROM CHILDREN’S PRODUCTS DESIGNED TO FOLD FOR STORAGE AND TRANSPORTATION

Children’s products shall be designed and manufactured in such a way that hazards associated with products designed to fold for storage or transportation are limited as much as possible. Products must prevent crushing, cutting, entrapment and suffocation from unintentional folding.
Requirements for preventing hazards from children products designed to fold for storage or transportation shall be included for the following (where appropriate), but are not limited to:






(a)


Locking devices shall be used to avoid incomplete/accidental deployment.










(b)


Locking/locked position shall be obvious to the parent/carer.










(c)


Unintentional release of locking mechanisms shall not occur.










(d)


The usability of the product to allow operation by 1 adult.










(e)


It shall not be possible to use such products without the locking mechanism/s being activated.




7.   HAZARDS FROM CHILDREN’S PRODUCTS DESIGNED TO BE DISMANTLED FOR STORAGE AND TRANSPORTATION

Children’s products shall be designed and manufactured in such a way that hazards associated with dismantling of products for storage/transportation and then reassembling for use are limited as much as possible.
Requirements for preventing hazards related to dismantling and reassembling shall be included for the following (where appropriate), but are not limited to:






 


Instructions that are clearly worded and easily comprehensible and can be understood by the average, non-professional consumer shall be included.






(a)


Information shall be provided on how to dismantle and re-assemble the product ensuring its continued safety in use.










(b)


Pictograms and illustrations should be included for the safety relevant information.










(c)


Durable warnings should be marked on the children’s products to highlight particularly important safety information.










(d)


Any special tools required for assembly and installation should be supplied with the product.










(e)


All assembly fittings shall be capable of being tightened properly.










(f)


Locking devices shall be used to avoid unintentional dismantling.










(g)


Locking/locked position shall be obvious to the parent/carer.










(h)


Self-tapping screws shall not be used unless for parts not intended to be disassembled.








8.   HAZARDS RELATED TO ATTACHMENT MECHANISMS AND OPENING AND CLOSING SYSTEMS

Children’s products shall be designed and manufactured in such a way that hazards associated with their attachment mechanisms and/or opening and closing systems are limited as much as possible. Products must prevent crushing, shearing, cutting, scissoring, entrapment, falling and suffocation due to unintentional release.
Requirements for preventing hazards related to attachment mechanisms and opening and closing systems shall be included for the following (where appropriate), but are not limited to:






(a)


If the product can be used in several positions, the selected position shall be maintained when the product is subjected to forces typical of the actions and movements of the child.










(b)


Opening and closing systems shall be designed and manufactured to avoid unintentional operation.




9.   HAZARDS ASSOCIATED WITH WHEELED PRODUCTS

Children’s products with wheels or castors (for transportation or other movement) shall be designed and manufactured in such a way that hazards associated with wheels or castors and unintentional movement are limited as much as possible.
Requirements for preventing hazards related to wheels/castors and unintentional movement shall be included for the following (where appropriate), but are not limited to:






(a)


All wheeled products shall be fitted with suitable locking device/s, which guarantee stability when required.










(b)


All locking devices shall be safe in use.










(c)


Wheeled children’s products shall have a parking function enabling them to be immobilised in a stable manner, regardless of the surface.




10.   ENTANGLEMENT HAZARDS

Children’s products shall be designed and manufactured in such a way that entanglement hazards are limited as much as possible.
Requirements shall be included for the following hazards (where appropriate), but are not limited to:






(a)


Snagging hazards.










(b)


Snagging of textile products such as clothing components (fastenings, buttons, decorations, stitching or similar resulting in holes, gaps and openings or protruding parts in design).










(c)


Strangulation hazards due to cords, ribbons, ties, cables or loops.










(d)


Hazards due to monofilament threads.










(e)


Hazards due to handles.




Standards shall clearly state safe dimensions and testing requirements in relation to cords, ribbons, ties, cables, loops and other entanglement hazards. These measurements shall always reflect latest anthropometric data and relate specifically to knowledge regarding the safety of children. Storage bags for products shall also be safe.
11.   CHOKING HAZARDS

Children’s products shall be designed and manufactured in such a way that choking hazards are eliminated.
Requirements for preventing hazards related to choking shall be included for the following (where appropriate), but are not limited to:






(a)


No part that can be detached by the force that a child could apply shall be small enough to present a choking hazard.










(b)


No part shall break, tear or separate in use (e.g. when dropped) that is small enough to present a choking hazard.










(c)


Any component that can be removed without the use of a tool shall not present a choking hazard.










(d)


Any component that are so long that the gag reflex can be trigged if the child puts the product in the mouth, should not be allowed for children who are too young to sit up unaided due choking hazard.










(e)


Stuffing materials that constitute choking hazards shall not become accessible when submitted to forces that a child could apply.










(f)


Products shall not constitute hazards due to inhalation for the size of the elements they contain or because those elements become sufficiently small or accessible when submitted to the forces that a child could apply.










(g)


Total size and shape of products shall be considered, and technical/mechanical solutions shall be applied where necessary (e.g. air holes in products where the choking hazard is present in normal and foreseeable use).




Standards shall clearly state safe dimensions and test requirements in relation to choking hazards. These measurements shall always reflect latest anthropometric data and relate specifically to knowledge regarding the safety of children.
12.   SUFFOCATION HAZARDS

Children’s products shall be designed and manufactured in such a way that suffocation hazards associated with products and their packaging are limited as much as possible. Such hazards occur when the nose and mouth are blocked simultaneously.
Requirements shall be included for the following hazards (where appropriate), but are not limited to:






(a)


Suffocation from thin/soft materials that can mould themselves to cover the child’s face (including decals).










(b)


Suffocation from thin plastic bags that have an opening perimeter that is larger than the circumference of a child’s head.










(c)


Suffocation from self-adhesive packaging (e.g. cling film).










(d)


Suffocation from shaped products that can be placed over the child’s face and cause an airtight seal.










(e)


Suffocation from airways being covered by or sinking into soft, fluffy, ductile materials especially in children’s sleeping environment (the youngest children).




Hazardous packaging materials shall be avoided where possible, but when necessary they shall be safe by design (i.e.: perforation or under minimum thickness). In addition, awareness should be given to consumers on the hazards of the packaging (i.e.: external suffocation hazard).
12.1.   Hazards linked to breathing

Children’s products shall be designed and manufactured in such a way that suffocation hazards associated with a lack of air permeability are limited as much as possible.
Requirements for preventing hazards related to air permeability shall be included for the following (where appropriate), but are not limited to:






(a)


The child’s nose and mouth shall not be covered simultaneously.










(b)


Mattresses, bedding and other similar products shall not mould themselves to cover the child’s face.










(c)


Additional mattresses or bedding shall not result in additional suffocation hazards.




13.   INGESTION HAZARDS

Children’s products shall be designed and manufactured in such a way that hazards associated with ingestion are limited as much as possible.
Requirements for preventing hazards related to ingestion shall be included for the following (where appropriate), but are not limited to:






(a)


Attached components shall stay attached, and not break into pieces if they come free.










(b)


Small objects and components shall be of such a size and construction that they do not pass through the child’s mouth and throat to the stomach.










(c)


Magnets, batteries and other similar components are particularly hazardous, and it shall not be possible for the child to access nor ingest such parts.




14.   INSERTION AND ASPIRATION HAZARDS

Children’s products shall be designed and manufactured in such a way that insertion and aspiration hazards due to small parts that could be inserted in ears or nose are limited as much as possible.
15.   HAZARDOUS POINTS, EDGES AND PROJECTIONS

Children’s products shall be designed and manufactured in such a way that that cutting and similar hazards associated with sharp points, edges or projections are limited as much as possible.
Requirements for preventing hazards related to sharp points, edges or projections shall be included for the following (where appropriate), but are not limited to:






(a)


Surfaces should be smooth – except where the surface is specifically designed otherwise to assist with the safe functioning of the children product.










(b)


Sharp edges, corners, wires and points shall be eliminated.










(c)


There shall be no protruding parts that result in injury.










(d)


Projecting parts of products shall not result in significant injury.










(e)


Material shall be free from splinters.










(f)


Metal surfaces and other metallic parts shall be resistant to corrosion and flaking.










(g)


Sheet glass shall not be used.










(h)


Glass wool and other similar minerals shall not present any risks of strangulation or asphyxiation.










(i)


Padding/filling materials shall not contain hard or sharp objects.




16.   STRUCTURAL INTEGRITY HAZARDS

Children’s products shall have adequate strength and structural integrity to last for their intended lifetime. They shall be designed and manufactured in such a way that hazards associated with continued use over a foreseeable timeframe are limited as much as possible.
Requirements for preventing hazards related to structural integrity shall be included for the following (where appropriate), but are not limited to:






(a)


Products should have adequate strength and durability lasting for the overall lifetime of the product.










(b)


Products and materials (including fabrics and stitching) shall be sufficient to withstand all foreseen uses and conditions, and not degrade or become hazardous through use over the time and in temperature changes, humidity and exposure to UV-light etc.










(c)


Products requiring assembly and/or installation shall, after having been assembled/fitted according to the manufacturer’s instructions, have the same structural integrity as products assembled/fitted by the manufacturer and shall satisfy all the safety requirements that apply to these products.










(d)


Products that can be adjusted as the child grows shall not alter in strength as a result of mechanical stress.










(e)


Securing devices designed to attach the product securely to other object, products or devices shall maintain their effectiveness for the lifetime of the product.




17.   HAZARDS ASSOCIATED WITH PROTECTIVE FUNCTIONS

Children’s products providing a protective function shall safely restrict a child’s access to hazards. Products that contain a child within a specific environment (e.g.: barriers), or that protect a child from hazards associated with the weather and/or insects, or limit a child’s movement and/or restrict a child’s access to hazards (e.g. corner protectors) shall safely provide the intended protective function.
Requirements for preventing hazards related to protective functions shall be included for the following (where appropriate), but are not limited to:






(a)


The protective function shall be suitable for the age and ability of the child, shall not introduce nor allow access to additional hazards and shall not have their function and effectiveness reduced during its use.










(b)


Barriers shall be designed so that a child cannot climb over them, pass under them, pass through them or remove them.










(c)


The heights of barriers shall always be safe and reflect both the development stage of the child and the latest anthropometric data.










(d)


Products providing a protective function to the child shall not cause entrapment hazards.










(e)


Any locking/latching mechanisms shall not be disabled nor displaced by the child nor inadvertently by the carer.










(f)


Anti-tipping products (for example products that prevent furniture, storage furniture, TV screens from falling on children) need to be designed with suitable attachments and materials that withstand forces that they are foreseen to be exposed to, including ageing, UV-light etc.










(g)


Anti-opening mechanisms (for example products that prevent doors – windows from being opened by children) need to be designed with suitable locking device and forces to prevent falling hazards.




18.   HAZARDS ASSOCIATED WITH RESTRAINT SYSTEMS

Children’s products offering a restraint system shall safely restrict a child’s access to hazards and not result in additional hazards from the restraints themselves.
Requirements for preventing hazards related to restraint systems shall be included for the following (where appropriate), but are not limited to:






(a)


Restraint systems shall be securely attached and not cause hazards themselves.










(b)


Restraint systems shall be capable of adjustment to the size of the child.










(c)


Restraint systems shall be effective at all times and in all situations of use.










(d)


Restraint systems shall take into account all potential movements and forces that the child can apply.










(e)


Products shall be safe in use and provide the intended restraint function. The child shall be able to be removed easily in an emergency situation.




19.   HAZARDS ASSOCIATED WITH STABILITY

Children’s products shall be designed and manufactured in such a way that hazards associated with the stability of the product (including falling or tipping) are limited as much as possible.
Requirements for preventing hazards related to stability shall be included for the following (where appropriate), but are not limited to:






(a)


Products shall avoid any tipping hazards which could cause the child to fall (e.g. tip highchair by pushing feet against table).










(b)


Products shall remain stable and safe when motion (of the child or product) is involved.










(c)


Accessories to the product or parts designed to be removable shall not alter the products’ safety and stability (e.g. addition of tray table to highchair).




20.   FALLING HAZARDS

Children’s products shall be designed and manufactured in such a way that hazards associated with falling are limited as much as possible.
Requirements for preventing hazards related to falling hazards shall be included for the following (where appropriate), but are not limited to:






(a)


Products with carrying handles shall be designed and manufactured so that the handles do not become detached from the article when the child is being carried.










(b)


Any handles shall be attached so that there are no hazards associated with the child falling out of the product.










(c)


Swinging products shall not introduce falling hazards.










(d)


Products shall be of sufficient height (back rest, arm rest, barrier function, etc.) and strength (including products constructed from fabric) to ensure that the child is safely retained.










(e)


Products with a restraining function to prevent falling shall be secure in use and not result in additional hazards from the restraints themselves.










(f)


Products where the child is in high position shall not pose falling hazard (e.g. high chairs and their foot-holes, safety gates etc.).




21.   DROWNING HAZARDS

Children’s products shall be designed and manufactured in such a way that hazards associated with drowning are limited as much as possible.
Requirements for preventing hazards related to drowning shall be included for the following (where appropriate), but are not limited to:






(a)


Any securing devices shall be safe in use and not cause additional hazards themselves.










(b)


The child shall be able to be removed easily in an emergency situation.










(c)


The child shall not be able to slip out unintentionally from a product like a floating seat.










(d)


Floating products shall maintain floatation; they shall not loose air pressure rapidly; in the case of leakage, they shall retain residual buoyancy.










(e)


Floating products shall maintain safe stability and not be susceptible to wind and water current forces if they are foreseen to be used in open water.










(f)


All appropriate warnings such as child must never be left unattended, drowning can occur in a short time and in very shallow water, shall be clearly stated.




22.   ELECTRICAL HAZARDS

Children’s products shall be designed and manufactured in such a way that hazards associated with the use of electrical products (including electric shock) are limited as much as possible.
Requirements for preventing hazards related to electrical hazards shall be included for the following (where appropriate), but are not limited to:






(a)


When stored energy (e.g. from a battery) is used, the current used and design of the children product shall not create any risk to the child.










(b)


Batteries and live parts shall not be accessible to a child.










(c)


Cords of electrical products shall not introduce additional hazards.




23.   BIOMETRIC HAZARDS

Children’s products shall be designed and manufactured in such a way that hazards associated with the use of biometric parameters are limited as much as possible.
Requirements for preventing hazards related to biometrical hazards shall be included for the following (where appropriate), but are not limited to:






(a)


When biometric parameters are used, the children product shall not create any risk to the child.










(b)


There should always be a mechanical back-up system so that a person whose characteristics have not been programmed into the device could operate it especially in an emergency or if the battery failed.




24.   ACOUSTIC HAZARDS

Children’s products shall be designed and manufactured in such a way that hazards associated with sounds are limited as much as possible.
Products designed to emit sound shall not emit loud peak noises and/or loud continuous noises that can present a risk of damage to a child’s hearing.
25.   RADIATION HAZARDS

Children’s products shall be designed and manufactured in such a way that health hazards or risk of injury to eyes or skin related to artificial and natural radiation are limited as much as possible.
Requirements for preventing hazards related to radiation from artificial sources shall be included for the following (where appropriate), but are not limited to:






(a)


Any light emitted by the product shall be safe and not disrupt natural sleep rhythms.










(b)


High intensity light and concentrated light shall not be used.










(c)


Non-visible radiation hazards shall be limited as much as possible (including electric, magnetic, electromagnetic fields and other types of radiation).










(d)


Requirements for preventing hazards related to radiation from natural sources, for example sunburns, shall be included.




26.   RADIOACTIVE HAZARDS

Children’s products shall avoid the use of any material that could increase the radioactive hazards.
27.   HYGIENE’S HAZARDS

Children’s products shall be designed and manufactured in such a way that hazards associated with hygiene are limited as much as possible.
Requirements for preventing hazards related to hygiene hazards shall be included for the following (where appropriate), but are not limited to:






(a)


Products shall be designed in such a way as to avoid the risk of infection or contamination.










(b)


Products shall not pose microbiological hazards from insufficient hygiene from material of animal origin (e.g. feathers).










(c)


Products shall be capable of being cleaned and all safety requirements shall still be met afterwards.










(d)


Products made from recycled materials shall also meet these requirements.










(e)


Manufacturer shall provide thorough cleaning instructions.










(f)


Material should be free from biological and pest contamination.




28.   HAZARDS ASSOCIATED WITH INFORMATION SUPPLIED WITH THE PRODUCT

Safety information shall be provided and especially to prevent hazards that cannot be avoided by design of the product itself. Information supplied either on or with the product shall be given in such a way that hazards are limited as much as possible.
Requirements for safety information shall be included for the following, but are not limited to:






(a)


Safety information shall be provided in a clear and conspicuous way, comprising purchase information, instructions for use, markings and warnings.










(b)


Clear and understandable pictograms and illustrations should be used when possible instead of or in addition to text for safety related information.










(c)


Information shall be in the language(s) of the country in which the product is placed on the market.










(d)


Markings on the product shall remain clearly visible and easily legible throughout the life of the product.










(e)


The consumer shall be able to clearly and easily see all purchase information at the point of sale (including online sales).










(f)


Instructions for safe, installation, assembly, use and maintenance shall be provided.










(g)


Limitations of safe use shall be clearly stated.










(h)


Minimum/maximum age/weight/height of use shall be stated (where relevant to ensure safe use of the product).










(i)


Where a product may be subject to ageing, information shall be provided on how to check that the product is still safe in use,










(j)


Information on when and how to dispose of/recycle the product shall be provided when this can represent a safety issue.










(k)


Instructions to check the product before use shall be given, along with guidance to cease use immediately if the product is damaged in any way.










(l)


Labels on products or on their packaging and the instructions for use which accompany them shall draw the attention of carers to the inherent hazards, risks of harm or side effects involved in using the articles and to the ways of avoiding them.










(m)


Markings and pictures on labels or packaging shall not mislead about any safety requirement in the standard.










(n)


Marking allowing the identification of the product to ensure its traceability through the distribution chain shall comply with applicable EU legislation.










(o)


Children’s products designed to be attached to other products shall have warnings indicating the hazards and risks of attachment to unsuitable products.










(p)


Children’s products designed to be attached to other products shall have purchase information indicating the type and range of products for which the article is suitable.