WRITTEN QUESTION E-2938/98

by Graham Watson (ELDR) to the Commission

(8 October 1998)

Subject: Water safety standards at hotel and resort complexes

At the moment there is no Community legislation requiring hotels and resort complexes to employ lifeguards at their swimming pools or any compulsion to provide multilingual information about their swimming facilities or to provide lifesaving equipment. Does the Commission recognise this as an area which requires EU legislation?

Answer given by Mrs Bonino on behalf of the Commission

(21 October 1998)

The Commission is aware of the potential dangers of swimming pools. Within the last two years, it has co-financed four projects relating to safety in public swimming pools, prevention of drowning among children, accident prevention in swimming pools and safety and quality standards in water parks.

There are many aspects which determine the level of safety in swimming pools. To those mentioned by the Honourable Member may be added, for example, those linked to the actual construction of pools, their maintenance, water quality, hygiene standards of ancillary services and staff training.

Some of these aspects are taken into account in Community Directives; for example, Council Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products(1) raises the intrinsic safety level of works, Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment(2) covers, for example, lifejackets, Council Directive 73/23/EEC of 19 February 1973 on the harmonization of the laws of Member States relating to electrical equipment designed for use within certain voltage limits(3) covers, among other things, the safety of electrical pumps, and Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work(4) and its individual Directives cover the health and safety of workers carrying out their duties in swimming pools.

Other aspects have been taken into account in the context of European standards. For example, a number of voluntary standards specific to swimming pools are being drawn up by the European Committee for Standardisation (CEN). These relate, for example, to safety signs, floating boundary markers or ladders and steps.

Certain other aspects, particularly those concerning the operation of swimming pools, such as the supervision and information of bathers and the availability of rescue equipment, are the responsibility of the Member States, and the Commission has at present no plans to regulate them by means of Community legislation.

A Directive on the responsibility of service providers might have contributed to improving protection in this area, but in 1994 the Commission decided to withdraw a proposal along these lines(5) after taking into account the opinions of Parliament (in particular the Committee on Legal Affairs and Citizens' Rights) and the Economic and Social Committee, and in the light of the considerations relating to subsidiarity (Article 3b) expressed by the Edinburgh European Council.

(1) OJ L 40, 11.2.1989.

(2) OJ L 339, 30.12.1989.

(3) OJ L 77, 26.3.1973.

(4) OJ L 183, 29.6.1989.

(5) OJ C 12, 18.1.1991.