§ Mr. Brandon-BravoTo ask the Secretary of State for Trade and Industry (1) what assessment he has made of the appropriateness of standard EN71 on bicycle safety(a) as a toy safety standard for cycles up to 435 mm maximum seat height, and (b) for bicycles of 635 mm used by older young persons;
(2) what assessment he has made of the appropriateness of standards EN71 and BS 5665 taken together (a) for bicycles up to 435 mm and used by children up to four years of age and (b) for cycles up to a maximum seat height of 635 mm used by older children; and if he will make a statement;
(3) what consideration he has given in considering the safety of bicycles between 435 mm and 635 mm maximum seat height, to the advice of the independent testing authority that compliance with ISO 8098 is an adequate and equivalent test to the proposals effected on 1 January 1990;
(4) what representations he has received from the cycle industry about the effect of standard EN71 on safety, when applied (a) to cycles up to 435 mm and (b) to those up to 635 mm; and if he will temporarily suspend the application of directive EN71.
§ Mr. ForthThe Toys (Safety) Regulations 1989 came into force on 1 January 1990 and implement the toy safety directive which is a Community obligation. A manufacturer, importer or retailer is under an obligation to supply toys which conform to the essential safety requirements. Compliance and CE marking may be achieved by self-certification when the toy is manufactured in accordance with European harmonised standards (EN 71). Alternatively, when toys do not conform in whole or in part to harmonised standards, type approval may be sought from an approved body. The approved body is concerned to establish that the model submitted for approval meets the essential safety requirements and in so doing may, if the harmonised standard is inappropriate, have regard to other appropriate tests.
Representations have been made by the cycle industry about the level of safety and appropriateness of EN71 (BS 5665). I am concerned by the suggestions that the tests specified in the European harmonised standard may not provide the level of safety required by the essential safety requirements. The United Kingdom delegation to the European committee for standardisation (CEN) sought to have the braking test specified in the International Standard Organisation's standard 8098 incorporated into the harmonised standards but there was insufficient support for this from other CEN delegates. The matter is being urgently considered. If the Department concludes that any harmonised standard does not meet the essential requirements the procedure is for the Government to refer the matter to the standing committee set up under the directive for reconsideration. If appropriate we will proceed accordingly. In the meantime my officials have been in touch with the manufacturers concerned and advised them about the type approval means of compliance.
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