Commission Decision 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 (Text with EEA relevance) (2011/786/EU)

Commission Decision

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

(Text with EEA relevance)

(2011/786/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 set by European standardisation bodies. These standards should ensure that products satisfy the general safety requirement of the Directive.

(2) Under Directive 2001/95/EC, a product is to be presumed safe when it meets the voluntary national standards transposing European standards, the references of which were published by the Commission in the Official Journal of the European Union.

(3) Article 4 of Directive 2001/95/EC lays down the procedure for drawing up European standards. Under that procedure, the Commission is to set the specific safety requirements which European standards should satisfy and subsequently give a mandate to the European standardisation bodies to draw up those standards.

(4) The Commission is to publish the references of the European standards adopted in the Official Journal of the European Union.

(5) Under the second subparagraph of Article 4(2) of Directive 2001/95/EC, the references of European standards adopted by the European standardisation bodies before the entry into force of that Directive may be published in the Official Journal of the European Union, even without a Commission mandate, provided that the standards ensure compliance with the general safety requirement laid down in that Directive.

(6) By Decision 2006/514/EC(2), the Commission published in the Official Journal of the European Union the references of European standards EN 14764:2005 for city and trekking bicycles, EN 14766:2005 for mountain bicycles, EN 14781:2005 for racing bicycles, and EN 14872:2006 for luggage carriers for bicycles.

(7) The four European standards covered by Decision 2006/514/EC are not supported by a Commission mandate adopted in accordance with Article 4(1) of Directive 2001/95/EC.

(8) The European Standardisation Committee (CEN) has announced that European standards EN 14764:2005, EN 14766:2005 EN 14781:2005, and EN 14872:2006 will be revised. The references of the new versions of those standards following the revision cannot be published in the Official Journal of the European Union in the absence of a Commission mandate laying down specific safety requirements.

(9) The Commission should therefore set specific safety requirements for bicycles and luggage carriers for bicycles with a view to mandating the European standardisation bodies to develop European standards on the basis of those requirements.

(10) Bicycles for young children, which are not considered as toys within the meaning of the Toys Safety Directive (Directive 2009/48/EC of the European Parliament and of the Council(3)), if unsafe, can expose children to serious injuries in the head, chest, abdomen or limbs, particularly as a result of falls.

(11) Young cyclists tend to be injured while playing or riding too fast(4) and are particularly vulnerable to falls, both because they are developing their motor skills, as they grow, and because they are in the process of learning bicycle handling skills, including the ability to avoid obstacles, pedestrians or other cyclists. These factors, compounded with children’s higher centre of gravity, makes balancing difficult.

(12) According to the Injury Data Base, 37 % of injuries involving a bicycle user in the EU concerned children aged between 5 and 9 years(5) Although road accidents account for a significant share of these accidents, many accidents take place while playing, as young cyclists collide with objects or other people, or simply fall off their bikes. In the United Kingdom, it has been estimated that over 2 000 children are taken to hospital each year after a cycling accident at home, and a further 21 000 after accidents in places like parks and playgrounds(6).

(13) European standard EN 14765:2005+A1:2008 specifies safety requirements and test methods for bicycles for young children, which are excluded from the scope of the Toys Safety Directive (Directive 2009/48/EC). However this standard is not supported by a Commission mandate.

(14) It is therefore necessary to set safety requirements, and call for the development of European standards according to these requirements for bicycles for young children, which are not considered as toys within the meaning of the Toys Safety Directive (Directive 2009/48/EC).

(15) Once the relevant standards are available, and provided that the Commission decides to publish their reference in the Official Journal, according to the procedure laid down in Article 4(2) of Directive 2001/95/EC, bicycles, bicycles for young children, and luggage carriers for bicycles that comply with those standards are presumed to meet the general safety requirement of Directive 2001/95/EC, as far as the safety requirements covered by the standards are concerned.

(16) 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. Neither the European Parliament nor the Council has opposed them,

HAS ADOPTED THIS DECISION:

(1)

OJ L 11, 15.1.2002, p. 4.

(2)

OJ L 200, 22.7.2006, p. 35.

(3)

OJ L 170, 30.6.2009, p. 1.

(4)

http://www.rospa.com/roadsafety/info/cycling_accidents.pdf

(5)

IDB Database 2006-2008.

(6)

http://www.capt.org.uk/resources/talking-about-cycle-safety