WRITTEN QUESTION E-0184/02 by Caroline Jackson (PPE-DE) to the Commission. Fire safety in buildings.
Date: 2002-02-06
Institutions: European Parliament, Provisional data
Subjects: European standard, building, building materials, building safety, fire, fire protection, hotel industry, safety standard, technical standard

4.7.2002

EN

Official Journal of the European Communities

C 160 E/195

Finally, the Honourable Member’s question mentions a code of conduct which the GESAC is supposed to
have drawn up. The Commission knows of discussions which were held a number of years ago within the
GESAC on such a code. However, according to the information at its disposal, these discussions did not
lead to anything and the GESAC has not submitted a code of conduct to the European Commission.

(1) OJ L 167, 22.6.2001.

(2002/C 160 E/242)

WRITTEN QUESTION E-0184/02

by Caroline Jackson (PPE-DE) to the Commission

(6 February 2002)

Subject: Fire safety in buildings

New building materials, capable of providing very high security against fire, and which meet the most
stringent fire safety requirements (such as autoclaved aerated concrete), are now coming on to the market.

In the light of this:

1.

Is the Commission planning to update the Council Recommendation of 22 December 1986 on fire
safety in hotels (86/666/EEC (1)), and, if not, why not?

2. Given that fire safety requirements for building materials vary very widely in the Member States and
that, in some Member States, they are very low, will the Commission come forward with proposals for
improvements in fire safety in general?

(1) OJ L 384, 31.12.1986, p. 60.

Answer given by Mr Byrne on behalf of the Commission

(15 March 2002)

The Commission has launched a review of the Council Recommendation 86/666/EEC of 22 December
1986 on fire safety in existing hotels (1) in order to examine to which extent the Recommendation’s
objectives have been achieved and whether any further action is necessary. This initiative is the follow-up
to the report on the application of Recommendation 86/666/EEC (2)
the Commission recently
presented to the Parliament and the Council. As announced in the conclusions of
the
Commission intends to examine the need to up-date the technical guidelines laid down by the
Recommendation. The first step, to be carried out in close co-operation with the national authorities and
with contributions from the interested parties, will focus on the assessment of the technical guidelines of
the Recommendation in the light of the technological and scientific progress since its adoption.

the report,

that

The next steps will address the other areas identified in the report, in particular the definition of more
precise provisions for alternative solutions where the guidelines cannot be applied to existing hotels and
the reinforcement of the provisions concerning monitoring of implementation. Dissemination of best
practices in fire safety management and monitoring will also be considered. The Commission intends to
finalise this work in 2003.

The fire safety of construction products are currently regulated at Member States level. However, the
Commission, in consultation with Member States’ Fire Regulators, has elaborated European classification
systems for construction products in relation to reaction to fire and resistance to fire.

C 160 E/196

Official Journal of the European Communities

EN

4.7.2002

These ‘Euroclasses’ are established as Commission Decisions, taken in the framework of the implemen-
tation of the Construction Products Directive (CPD), 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 (3), and represent
instruments for Member States to harmonise fire
performance requirements on construction products. The reaction to fire Euroclasses are underpinned by a
brand new European test method, the ‘single burning item’ or SBI test. This test was partly funded by the
Commission and provides a harmonised means of assessing the reaction to fire performance of
construction products. The SBI test standard was published on the 13 February 2002. Therefore the
classification ‘Euroclasses for reaction to fire’ is now operational, and a common framework is available to
the Member States. The Commission is convinced that the new Euroclasses system will provide an
important contribution to increasing the safety in case of fire in buildings.

important

(1) OJ L 384, 31.12.1986.
(2) COM(2001) 348 final.
(3) OJ L 40, 11.2.1989.

(2002/C 160 E/243)

WRITTEN QUESTION E-0198/02

by Bernd Lange (PSE) to the Commission

(6 February 2002)

Subject: Age limit for dentists

The Gesundheitsstrukturgesetz, (German health law) stipulates an age limit for practising as a dentist.

A question was put to me regarding the extent to which this restriction is consistent with Article 12 of the
EC Treaty (ex-Article 6: prohibition of discrimination), Article 40 and Article 44 (freedom of movement for
workers, freedom of establishment), in the event of a dental practitioner having already exceeded the age
limit allowed by the German law.

Does it constitute a breach of the aforementioned Articles of the EC Treaty if a dentist is no longer
authorised to work because of his age? Is the Commission aware of this problem? Have there already been
similar cases where complaints have been made? Where the complaints proved legitimate, has the
Commission already taken steps to remedy the situation and what action does it plan to take?

Answer given by Mr Bolkestein on behalf of the Commission

(21 March 2002)

Article 12 of the EC Treaty prohibits any discrimination on grounds of nationality, i.e. between nationals
of the Member States. The same principle is repeated in the treaty provisions concerning the free
movement of workers, Article 39 of the EC Treaty. The information provided in the written question does
not indicate any discrimination on grounds of nationality.

The Right of Establishment and the Right to provide Services B Articles 43 and 49 of the EC Treaty B are,
where no harmonisation measures have been taken by the Union, subject to national rules in the Member
States. In order to be compatible with the Treaty restrictions to these rights must be justified.

According to the jurisprudence on the right of establishment of the Court of Justice, restrictions which
hinder or make less attractive the exercise of fundamental freedoms guaranteed by the EC Treaty must
fulfil four conditions: they must be applied in a non-discriminatory manner; they must be justified by
imperative requirements in the general interest; they must be suitable for securing the attainment of the
objective which they pursue; and they must not go beyond what is necessary in order to attain it.

In the light of the information provided by the Honourable Member, the German law or its application
does not appear to be disproportionate or otherwise be incompatible with the above listed requirements.
To the knowledge the Commission, complaints concerning age limits to practice the dental profession
have not been received before.