Commission Implementing Decision (EU) 2024/2406 of 12 September 2024 amending Implementing Decision (EU) 2019/1698 on European standards for certain child care articles, children’s furniture, gymnastic equipment and laser products
Date: 2024-09-12
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: European standard, apparatus based on the use of rays, child, furniture industry, harmonisation of standards, product safety, safety standard, sports equipment, technical standard








L_202402406EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/2406


13.9.2024







            COMMISSION IMPLEMENTING DECISION (EU) 2024/2406
of 12 September 2024
         
amending Implementing Decision (EU) 2019/1698 on European standards for certain child care articles, children’s furniture, gymnastic equipment and laser products
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (1), particularly Article 4(2), the first subparagraph, thereof,

Whereas:







(1)


Article 3(1) of Directive 2001/95/EC of the European Parliament and of the Council (2) requires manufacturers to place on the market only safe products.












(2)


In accordance with Article 3(2), second subparagraph, of Directive 2001/95/EC a product is to be presumed safe, as far as the risks and risk categories covered by the relevant national standards are concerned, when it conforms to voluntary national standards transposing European standards, the references of which have been published by the Commission in the Official Journal of the European Union in accordance with Article 4 of that Directive.












(3)


Pursuant to Article 4(1) of Directive 2001/95/EC, European standards are drawn up by European Standardisation Organisations in accordance with mandates granted by the Commission.












(4)


Pursuant to Article 4(2) of Directive 2001/95/EC, the Commission is to publish the references of such standards in the Official Journal of the European Union. Various references of such standards adopted in support of Directive 2001/95/EC are published by Commission Implementing Decision (EU) 2019/1698 (3).












(5)


On 2 July 2010 the Commission adopted Decision 2010/376/EU setting the safety requirements for products in the sleep environment of children, such as mattresses for cots, cot bumpers, suspended baby beds, duvets for children and sleep bags for children (4). On the basis of that decision, by letter M/497 of 20 October 2011, the Commission requested the Comité Européen de Normalisation (‘CEN’) to prepare European standards related to the safety risks in the sleeping environment of children.












(6)


On the basis of that request, CEN adopted standard EN 16890:2017 ‘Children’s furniture – Mattresses for cots and cribs – Safety requirements and test methods which was published in the Official Journal of the European Union in 2020. An amendment, A1:2021, was drafted to the standard EN 16890:2017 to correct a technical error and an incorrect normative reference on mattress measurements for cots and cribs. A requirement for mattress thickness was also introduced to ensure product safety. In order to ensure the proper application of standard EN 16890:2017, it is necessary to include a reference to that amendment in the Official Journal of the European Union.












(7)


On the basis of the Commission’s request by letter M/497, CEN also adopted the standards EN 12790-1:2023 ‘Child care articles – Reclined cradles – Part 1: Reclined cradles for children up to when they start to try to sit up’ and EN 12790-2:2023 ‘Child care articles – Reclined cradles – Part 2: Reclined cradles for children up to when they start to stand up’. Reclined cradles are products widely available on the European market, with features that include various movements and electronic components. However, there is currently no standard published in the Official Journal of the European Union, to assess their safety. Standard EN12790 introduces requirements that meet the general safety requirements set out in Directive 2001/95/EC. Therefore, in order to ensure proper application of both parts of standard EN12790, its reference should be published in the Official Journal of the European Union.













(8)


On the basis of Commission Decision 2011/479/EU (5). and the Commission, by letter M/507 of 5 September 2012, requested CEN to prepare European standards on gymnastic equipment.












(9)


On the basis of that request, CEN adopted standard EN 913:2018 ‘Gymnastic equipment – General safety requirements and test methods’ the reference of which was published in the Official Journal of the European Union. Taking into account new knowledge, CEN drafted standard EN 913:2018+A1:2021 which introduced an important adaptationaligning test specimens with other relevant standards of CEN/TC 136 ‘Sports, playground and other recreational facilities and equipment’. Another important adaptation concerns the alignment of the user weight in the table with the user weight in the text. Therefore, in order to ensure proper application of standard EN 913:2018+A1:2021 its reference should also be published in the Official Journal of the European Union.












(10)


On the basis of Commission Decision 2011/786/EU (6), the Commission, by letter M/508 dated December 2012, requested CEN to develop European standards for bicycles, bicycles for young children and luggage carriers for bicycles.












(11)


On the basis of that request, and taking account of new knowledge, CEN adopted a new version of standard, EN 14344:2022 ‘Child care articles – Child seats for cycles – Safety requirements and test methods’, which included products that were not in the earlier version of the standard (EN 14344:2004 ‘Child use and care articles – Child seats for cycles – Safety requirements and test methods’), published in in the Official Journal of the European Union in 2005. These updates meet the general safety requirements set out by Directive 2001/95/EC. Therefore, in order to ensure proper application of standard EN 14344, the reference to the new version of the standard should be published in the Official Journal of the European Union.












(12)


On the basis of Commission Decision 2014/59/EU (7). the Commission requested the European Committee for Electrotechnical Standardisation (‘Cenelec’) to develop standards concerning consumer laser products safety (8).












(13)


On basis of that request, Cenelec adopted standard EN 50689:2021 ‘Safety of laser products – Particular Requirements for Consumer Laser Products’. That standard meets the safety requirements set out by Decision 2014/59/EU. Therefore, in order to ensure proper application of standard EN 50689:2021, its reference should be published in the Official Journal of the European Union.












(14)


On the basis of Commission Decision 2013/121/EU (9) the Commission requested CEN to prepare European standards for certain seats for children (10).












(15)


On the basis of that request, CEN adopted standard EN 17191:2021 ‘Children’s Furniture – Seating for children – Safety requirements and test methods’. That standard meets the safety requirements set out in Decision 2013/121/EU. Its reference should therefore be published in the Official Journal of the European Union.












(16)


Implementing Decision (EU) 2019/1698 should therefore be amended accordingly.












(17)


Compliance with the relevant national standard transposing European standards the references of which have been published in the Official Journal of the European Union confers a presumption of safety, as far as the risks and risk categories covered by the relevant national standard are concerned, from the date of publication of the reference of the European standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication.












(18)


In order to give manufacturers sufficient time to prepare for application of the new, revised or amended standards, the references of the following harmonised standards should be maintained for a period of 18 months: EN 14344:2004 ‘Child use and care articles – Child seats for cycles – Safety requirements and test methods’; EN 913:2018 ‘Gymnastic equipment – General safety requirements and test methods’; EN 16890:2017 ‘Children’s furniture – Mattresses for cots and cribs – Safety requirements and test methods’.












(19)


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
Annex I to Implementing Decision (EU) 2019/1698 is amended in accordance with the Annex to this Decision.


Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
Points (1), (3) and (5) of Annex I shall apply from 13 March 2026.




Done at Brussels, 12 September 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 316, 14.11.2012, p. 12, ELI: http://data.europa.eu/eli/reg/2012/1025/oj.

(2)  Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4, ELI: http://data.europa.eu/eli/dir/2001/95/oj).

(3)  Commission Implementing Decision (EU) 2019/1698 of 9 October 2019 on European standards for products drafted in support of Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ L 259, 10.10.2019, p. 65, ELI: http://data.europa.eu/eli/dec_impl/2019/1698/oj).

(4)  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 (OJ L 170, 6.7.2010, p. 39, ELI: http://data.europa.eu/eli/dec/2010/376/oj).

(5)  Commission Decision 2011/479/EU of 27 July 2011 on the safety requirements to be met by European standards for gymnastic equipment pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 197, 29.7.2011, p. 13, ELI: http://data.europa.eu/eli/dec/2011/479/oj).

(6)  Commission Decision 2011/786/EU of 29 November 2011 on the safety requirements to be met by European standards for bicycles, bicycles for young children, and luggage carriers for bicycles pursuant to Directive 2001/95/EC of the European Parliament and of the Council (OJ L 319, 2.12.2011, p. 106, ELI: http://data.europa.eu/eli/dec/2011/786/oj).

(7)  Commission Decision 2014/59/EU of 5 February 2014 on the safety requirements to be met by European standards for consumer laser products pursuant to Directive 2001/95/EC of the European Parliament and of the Council on general product safety (OJ L 36, 6.2.2014, p. 20, ELI: http://data.europa.eu/eli/dec/2014/59(1)/oj).

(8)  Commission Implementing Decision of 5.2.2015 on a standardisation request to the European Committee for Electrotechnical Standardisation concerning consumer laser products pursuant to Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive 2001/95/EC of the European Parliament and of the Council (C(2015) 557 final).

(9)  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, ELI: http://data.europa.eu/eli/dec/2013/121(1)/oj).

(10)  Commission implementing decision of 22.7.2014 on a standardisation request to the European standardisation organisations to draft European standards for certain seats for children in support of Directive 2001/95/EC of the European Parliament and of the Council, (C(2014) 5058 final).




ANNEX
Annex I to Implementing Decision (EU) 2019/1698 is amended as follows:






(1)


row 2 is deleted.










(2)


row 2a is inserted:






‘2a


EN 913:2018+A1:2021
Gymnastic equipment – General safety requirements and test methods’;














(3)


row 46 is deleted.










(4)


row 46a is inserted:






‘46a


EN 14344:2022
Child care articles – Child seats for cycles – Safety requirements and test methods’;














(5)


row 52a is deleted.










(6)


row 52a’ is inserted:






‘52a’


EN 16890:2017+A1:2021
Children’s furniture – Mattresses for cots and cribs – Safety requirements and test methods’;














(7)


the following rows 36(a), 36(b), 52(d), 65(a) are inserted:






‘36a


EN 12790-1:2023
Child care articles – Reclined cradles – Part 1: Reclined cradles for children up to when they start to try to sit up




36b


EN 12790-2:2023
Child care articles – Reclined cradles – Part 2: Reclined cradles for children up to when they start to stand up’.










‘52d


EN 17191:2021
Children’s Furniture – Seating for children – Safety requirements and test methods’;










‘65a


EN 50689:2021
Safety of laser products – Particular Requirements for Consumer Laser Products’











ELI: http://data.europa.eu/eli/dec_impl/2024/2406/oj
ISSN 1977-0677 (electronic edition)