2010/11/: 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)

• Published date: 08 January 2010
• Date of Signature: 29 January 2010
• Official Gazette Publication: Diario Oficial de la Unión Europea, L 4, 08 de enero de 2010,Gazzetta ufficiale dell’Unione europea, L 4, 08 gennaio 2010,Journal officiel de l’Union européenne, L 4, 08 janvier 2010,Diario Oficial de la Unión Europea, L 101, 22 de abril de 2010

8.1.2010 EN Official Journal of the European Union L 4/91

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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

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