WRITTEN QUESTION E-1720/99

by Gary Titley (PSE) to the Commission

(29 September 1999)

Subject: Minimum standards for crash helmets for high-speed watercraft

In recent months, the British media has reported a number of accidents involving high speed watercraft, especially jet skis. In some cases, the injuries sustained may have been less severe had the occupant or occupants been wearing suitable crash helmets.

Accidents involving high-speed watercraft can exert entirely different stresses on the head and neck than those involving other slower craft. Crash helmets designed for canoes and white-water sports are therefore not only unsuitable but possibly dangerous.

No British standards nor, as far as I am aware, international standards yet exist for crash helmets for high speed watercraft.

Will the Commission therefore investigate the feasibility of setting such standards at EU level to help prevent such unnecessary injury recurring?

Answer given by Mr Liikanen on behalf of the Commission

(11 November 1999)

Helmets intended for use in high-speed watercraft are covered by the new approach directive on personal protective equipment (PPE), Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment(1). New approach principles require a correct application of the essential health and safety requirements applicable to a product but give the manufacturer a choice of either directly meeting the essential health and safety requirements or relevant harmonised standards.

The essential health and safety requirements are set out in Annex II, which clearly states at its point 1 that PPE must provide adequate protection against all risks encountered. Furthermore, PPE must be so designed and manufactured that in the foreseeable conditions of use for which it is intended the user can perform the risk-related activity normally whilst enjoying protection at the highest possible level. Manufacturers must provide the users with all relevant information on use and maintenance.

Compliance with the PPE Directive's relevant health and safety requirements is provided through conformity assessment procedures which have been set at a level proportionate to the potential risks against which protection is provided. For the helmets in question, a manufacturer is under a legal obligation to obtain a Community-type certification from a notified body designated by a Member State. The notified body checks the conformity of the type with the essential health

and safety requirements using its technical expertise and applying available standards or, where these are not available, parts of standards, technical documentation and specifications. The notion of state of the art also plays a crucial role.

European standardisation bodies draft harmonised standards on the basis of mandates from the Commission. Their current workload over-stretches the available technical resources. The total cost of an average standard can be valued at 100 000. This amount can rise to 200 000 or more in cases where documentation is scarce and research is needed.

Finally, market surveillance seeks to ensure control of compliance with the existing rules. There is a legal requirement for Member States to ensure that appropriate and proportionate market surveillance is in place so that only compliant products are placed on the market.

It is therefore clear that the question of standardisation does not preclude the obligations existing under the PPE Directive that helmets worn according to their intended use must protect the wearer from potential hazards. If the Honourable Member is aware that helmets are being manufactured and sold which do not comply with the requirements of the PPE Directive the Commission would be pleased to pass this information to the enforcement authorities of the United Kingdom.

(1) OJ L 399, 30.12.1989.