No C 248/4 Official Journal of the European Communities 17. 9. 84 
Opinion on the proposal for a Council recommendation on fire safety in existing 
hotels (!) 
(84/C 248/02) 
On 26 January 1984 the Council decided to consult the Economic and Social Commit­
tee, under Article 198 of the Treaty establishing the European Economic Community, 
on the proposal for a Council recommendation on fire safety in existing hotels. 
The Section for Protection of the Environment, Public Health and Consumer Affairs, 
which was responsible for preparing the Committee's work on the matter, adopted its 
opinion on 12 June 1984 in the light of the report by Mr J. Van Melckenbeke. 
At its 218th plenary session (meeting of 4 July 1984) the Economic and Social Com­
mittee adopted the following opinion unanimously: 
The Committee endorses the proposal for a Council 
recommendation, which it sees as a timely follow-up 
to its opinions on the protection and safety of trav­
ellers. 
1. General comments 
1.1. The recommendation urges each Member 
State to take the necessary measures to ensure that 
existing, and of course future, hotels satisfy certain 
minimum fire precautions. 
1.2. The recommendation comprises, on the one 
hand, a list of safety principles to be observed, and, 
on the other, a guide to safety measures to be taken 
by hotels. 
Another type of legal instrument, such as a Regula­
tion or Directive, would be impeded by the inherent 
difficulties pertaining to such instruments, by the 
sheer duration of the harmonization process, by a 
lack of flexibility in applying safety regulations in 
special cases and by political difficulties. 
Although it would have preferred a more binding 
legal instrument, the Committee acknowledges that, 
in this case, the choice of 'recommendation' is justi­
fied by the fact that at present some national laws 
are either inadequate or complex to enforce. 
Although the recommendation will not be mandato­
ry, the Committee would urge that the Member 
States, once they have taken on a political commit­
ment by endorsing it in the Council of Ministers, 
and given the express requests made by travel agen­
cies and tourists, should endeavour to see that it is 
applied nationwide. 
(>) OJ No C49, 21. 2. 1984, p. 7. It should be pointed out that these recommended 
rules are already in force in a number of Member 
States, for example the Federal Republic of Ger­
many and the United Kingdom. In addition, the 
views of consumer organizations should be taken 
into account. 
As hotel safety for tourists is such an important 
issue, the Committee would like a clause to be in­
cluded in the accession contracts of future Member 
States stipulating that they are required to apply this 
recommendation. 
1.3. The Committee would note that the title of the 
recommendation refers only to existing hotels, 
whereas in fact the contents also relate to future 
hotels. 
However, it appreciates the reasons for limiting the 
length of the title. Whereas rules have been laid 
down on safety precautions in recently-constructed 
and future hotels, in some Member States there are 
no such rules in respect of existing hotels. 
1.4. Finally, the Committee believes that it would 
be wiser not to include other types of public build­
ings within the scope of the recommendation as this 
would delay the introduction of the fire precautions 
for hotels. However, it hopes that separate legal 
instruments will be introduced to cover such build­
ings. 
2. Detailed comments 
Recommendation 
Point 1 
The Committee agrees that fire precautions in exist­
ing hotels should be at least of a standard equivalent 
17. 9. 84 Official Journal of the European Communities No C 248/5 
to the provisions of Annex I, but, if this is not possi­
ble for economic, technical or architectural reasons, 
the alternative solutions adopted should offer an 
equal degree of protection. 
The Committee considers that, in certain cases, State 
financial assistance should be available to enable 
hoteliers to comply with the new rules. Community 
financial assistance (ERDF, Social Fund or NCI) 
could be made available for hoteliers in charge of 
classified buildings of historical or cultural interest. 
Points 4 and 7 
The Committee considers that the seven-year dead­
line (i.e. two years to adopt national measures and 
five years to enforce them in those Member States 
where no such rules currently exist) for applying the 
recommendation is realistic. 
Annex I 
Point 1.2 
The Committee considers that responsibility for im­
plementing the safety regulations lies with the hote­
lier, and that it is up to the authorities appointed to 
check that all precautions have been taken before 
issuing the certificate of conformity. 
Point 1.2.5 
It is vital for guests to be correctly informed of the 
hotel's fire procedures. The Committee would there-
Done at Brussels, 4 July 1984. fore strongly recommend that safety instructions 
and plans of the premises be printed in the various 
EEC languages. 
Point 1.2.7 
It is essential to ensure that all hotel staff, including 
new, temporary and seasonal staff, are properly and 
regularly informed. 
Point 2.2.4 
Not relevant to the English version. 
Point 6.4 
The use of individual electric fires and fuel-burning 
stoves should be explicitly forbidden. 
Point 8.4.2 
The opening sentence could be drafted as follows: 
'The hotel management must ensure that, in the 
event of fire, staff are able to:'. 
The Committee hopes that each Member State has 
laws allowing hoteliers to take out third-party fire 
insurance for their guests. 
Annex II 
It would be more appropriate not to depict flames 
on the certificate of conformity. 
The Chairman 
of the Economic and Social Committee 
Francis CEYRAC