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MEP questions Cyprus swimming pool legal rulings

MEP Arlene McCarthy has called on the EC to ensure unfair legal proceedings against Cyprus swimming pool owners are halted and that the correct European standards are enforced.

Arlene McCarthy

Arlene McCarthy MEP

THE AUTHORITIES in Cyprus have taken legal proceedings against the owners of shared swimming pools in private development complexes because they failed to apply for a swimming pool licence.

Under Cypriot regulations, shared swimming pools in private building complexes are treated as public pools and are therefore subject to much stricter regulations governing their use and the facilities provided for bathers.

In a written question to the European Commission MEP Arlene McCarthy has highlighted the fact that Cypriot regulations are no longer applicable as they have been superseded by EU regulations.

She has called on the Commission to ensure unfair legal proceedings against pool owners are halted and that the correct European standards are enforced.

Question for written answer E-001470/2011
to the Commission
Rule 117
Arlene McCarthy (S&D)

Subject: European Standard for swimming pools and its application in the municipality of Paphos

On 25 July 2008, the European Committee for Standardisation approved a European Standard for swimming pools (Swimming Pools – Part 2: Safety Requirements for Design and Operation, EN 15288-2.) This European Standard was to be given the status of a national standard, and all conflicting national regulations should have been withdrawn by March 2009 at the latest.

I represent a constituent who owns a property in a holiday complex in Cyprus. The complex has a shared pool, for the use of the property owners and their families and guests. Therefore, under European Standard EN 15288-2 it would be classed as a Type 3 swimming pool, making it subject to different standards than a public swimming pool.

However, the municipality of Paphos in Cyprus has recently taken legal action against several local holiday complexes, including my constituent’s, because they have not applied for a swimming pool licence. Under a 1994 Cypriot law, any pool which is used by more than one property is classified as a public swimming pool, and is subject to the same regulations, in contradiction of the European Standard.

What action will the Commission take to ensure that such unfair legal proceedings are immediately halted, and the correct European standards enforced? What aid and advice will the Commission provide to those residents who have already been taken to court regarding this wrongful application of Cypriot law, and paid fines?

Further reading

Written question to European Commission E-001470/2011: European Standard for swimming pools and its application in the municipality of Paphos

EN 15288-1: 2008 Swimming pools – Part 1: Safety Requirements for Swimming Pool Design (English)

EN 15288-2: 2008 Swimming pools – Part 2: Safety Requirements for Swimming Pool Operation (English)

About Arlene McCarthy

FIRST elected in 1994, Arlene McCarthy was re-elected in 1999 to represent the newly formed North West England constituency. Having represented the same constituency since, she was top of the list of candidates from the Labour Party at the 2009 European elections.

She holds a number of positions within Parliament, being a member of the Party of European Socialists, she sits in the Progressive Alliance of Socialists and Democrats group. McCarthy serves as Chair of the Committee on Internal Market and Consumer Protection and has since 2009 served as the Vice-Chair of the Committee on Economic and Monetary Affairs.

Readers' comments

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  • Gary Wakenell says:

    Thank you Arlene

    My wife and I also own a property on the kings gate complex and cannot wait till this crazy ruling is put to bed.

    Please keep up the good work with our utmost appreciation

    Gary and Conna Wakenell
    Rainham Essex and 203a Kings gate Paphos

  • out of the frying pan into the fire says:

    Well on the good side at least one more Euro MP has got onto the Cyprus authorities.

    They will probably ignore it but the pressure is mounting .

    Keep onto your Euro MP.

    It can do no harm.

  • Peter Isaacs says:

    Help is there any hope for those of us trapped in Swiss Franc mortgages with properties we were told would make us 40% profit due to buying off plan????

  • Steve says:

    I wonder if this particular instance of ignoring EU regulations is any different from all the other regulations that Cyprus has ignored since joining the Union in May 2003. I cannot recall any case where the European Commission has taken action, instead Cyprus has just used taxpayers’ money to pay occasional fines for non-compliance. One highly relevant example is the application of the consumer law (The Unfair Commercial Practices Directive 29/2005/EC) to property, which simply has not happened as covered in depth on this web site.

    According this law,the Competition & Consumer Protection Service of the Cyprus Commerce Ministry is supposed to investigate reported cases of mis-selling of property, but the C&CPS says the law does not apply to property and they have got away with it.

    When the Commission replies to Ms McCarthy, should we expect more than Daniel Hannan got from it on the subject of Developer mortgages, which was effectively nothing?

  • Mike says:

    I guess it really tells us something of the levels of competence of our deputies who we are constantly reminded are allegedly lawyers. As I have mentioned elsewhere and in public I would find it interesting to be presented with a list of qualifications earned and at what level and from which university for each of those representing or at least charged and mandated to represent our Country and the electorate.

    As it is right now one would be forgiven for thinking they are doing a better job than Laurel & Hardy could ever have done in presenting a comedy of errors.

    Please note Gentlemen and transfix to any memory cells you may be hiding in there ‘Cypriot regulations are no longer applicable as they have been superseded by EU regulations’ the transition period is over, you are, at least in name, a member of the European Union. Can we please expect, and be respected for demanding, the application of that organisations protocols, regulations and ethics.

  • Odd_Job_Bob says:

    As unimportant as this issue may seem, it’s really a test case for Cyprus Laws (designed to rip money out of us like we is fikk like) v EU Law. Let’s see how this convergence thing works (again, I reckon we all know the answer…)
    Run, run now, do not pass go, do not collect 200 (etc…)

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