28.7.2011 EN Official Journal of the European Union L 196/21
COMMISSION DECISION
of 27 July 2011
on the safety requirements to be met by European standards to address certain risks posed to children by internal blinds, corded window coverings and safety devices pursuant to Directive 2001/95/EC of the European Parliament and of the Council
(Text with EEA relevance)
(2011/477/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) Under the second subparagraph of Article 3(2) of Directive 2001/95/EC, a product is presumed safe when it complies with voluntary national standards transposing European standards, the references of which have been published in the Official Journal of the European Union.
(2) Those European standards are to be established by European standardisation bodies on the basis of specific safety requirements determined by the Commission.
(3) Many homes have blinds and other window coverings with cords that are used to raise or lower the product (operating cord) or to connect its different parts (inner cord). These cords pose a strangulation hazard to children, as loops can be formed and children can become entangled in them, while playing near the window. Children can also climb on window sills or furniture to access the cords. Accidents can also happen when beds or cots are placed near windows where cords are within reach of children.
(4) In 1998, in a sample of hospitals in the 15 Member States of the European Union, 129 children were hospitalised due to an injury involving a window blind loop or drapery cord (2). In the United Kingdom, it is estimated that one or two children die every year after becoming entangled in the cords of a blind. More recently, the Commission has become aware of 10 fatal accidents involving children aged between 15 and 36 months that occurred in Ireland, Finland, the Netherlands, the United Kingdom and Turkey in the period 2008 to 2010. In the United States 119 fatalities and 111 near-misses involving corded window coverings were reported to have occurred since 1999. In Canada, 28 fatalities and 23 near-misses have been linked to the same products since 1986. In Australia, at least 10 children have been accidentally strangled by blinds cords since 2000 (3). However, these figures capture only a part of the problem, as many such accidents are not reported (4).
(5) Research indicates that most accidental deaths involving blind cords happen in bedrooms and the children concerned are aged between 16 months and 36 months. Over half these accidents happen to children around 23 months. Although fully mobile at that age, children find it difficult to free themselves if they become entangled in the cords, as their heads still weigh more in proportion to their bodies compared to adults, and their muscular control is not yet fully developed. In addition, their windpipes have not yet fully developed and are thus smaller and less rigid than in adults and older children, so that they suffocate more quickly if their necks are constricted (5).
(6) European standard EN 13120:2009 contains performance requirements for internal blinds, including safety. However, some models of blinds, which have been linked to accidents, are not included within the scope of this standard.
(7) European standard EN 13120:2009 refers to both manual and power-operated internal blinds, the latter being covered in relationship with Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery (6). However, this Directive does not cover child-safety in relation to the specific risk of strangulation and does not apply to corded blinds manually operated.
(8) Motorisation can eliminate the risks associated with the operating cords, but not the risks relating to the inner cords.
(9) Other window coverings with hazardous cords exposed pose a similar risk to children.
(10) Reports of cord-related accidents give the cause of death as internal asphyxiation. Existing European standards relating to window coverings and blinds do not contain requirements to address this risk.
(11) To cover the risk of incorrect installation or lack of installation, manufacturers should improve the design of the safety devices or of the window coverings to prevent the product being used if the safety devices are not properly installed.
(12) It is therefore necessary to lay down safety requirements to ensure that internal blinds and other corded window coverings are inherently safe for children, eliminating the risk of strangulation and internal asphyxiation due to accessible cords and small parts.
(13) In addition to requirements concerning the safe operation of corded window coverings and blinds, requirements and product safety information must be also developed for the safety devices.
(14) The measures provided for in this Decision are in accordance with the opinion of the Committee set up under Article 15 of Directive 2001/95/EC and neither the European Parliament nor the Council has opposed them,
For the purposes of this Decision the following definitions shall apply:
(a) ‘internal blinds’ shall mean a window covering product fitted anywhere within the internal surface of the building;
(b) ‘corded window coverings’ shall mean a product used to cover a window, other than an internal blind, which features exposed cords. Window coverings can be placed outside the window, or inside two window panels, or in front of a window;
(c) ‘hazardous loop’ shall mean a loop of exposed cord, chain or similar, combined or not with fabric, and that would fit over the head or around the neck of a young child creating a strangulation hazard;
(d) ‘safety devices’ shall mean a device or a design that protects a young child from the risk of strangulation by, for example, preventing the forming of a hazardous loop in the cord or chain, breaking the hazardous loop, releasing a cord or a chain when a hazardous loop is formed or when the cord or a chain is subject to a load, making the cord or chain inaccessible to children, preventing the cords getting entangled;
(e) ‘accessible cord(s), chain(s), ball-chain(s) or similar’ shall mean cord(s), chain(s), ball-chain(s) or similar that are exposed from the front, back or side of the blind or window covering, and can be reached and pulled by a young child, creating a strangulation hazard. Height is not considered as a restriction to accessibility.
The safety requirements for internal blinds, corded window coverings and safety devices to be met by European standards pursuant to Article 4 of Directive 2001/95/EC are set out in the Annex to this Decision.
This Decision shall enter into force on the 20th day following its publication in the Official Journal of the European Union.