91998E2250

WRITTEN QUESTION E-2250/98

by María Sornosa Martínez (GUE/NGL) to the Commission

(22 July 1998)

Subject: Amusement facilities and their disregard for human rights and dignity

The recent launch of an amusement called the "Original Shocker" - a mock electric chair - at an amusement park in Lloret de Mar, and the subsequent ban imposed on it by the Catalan authorities, have caused controversy and great concern over regulatory procedures and standards governing the amusements allowed to operate at amusement parks of this kind.

Although amusements are required to meet with the approval of the Directorate-General for Games and Shows, in practice many of them operate without that approval.

The said "electric chair" is plainly an advertisement for the death penalty and is probably the most outrageous example of a range of amusements at permanent and travelling amusement parks throughout the European Union which show no regard for the principles of human rights or animal welfare.

What monitoring and regulatory procedures has the Commission provided for to assess the standard and safety of amusements at touring amusement parks and fun fairs?

Given the growing popularity and proliferation of such leisure facilities, frequented for the most part by children and adolescents, should the current provisions at European level not be reviewed?

What measures will the Commission take to prevent amusements of this nature from undermining human rights?

Answer given by Ms Bonino on behalf of the Commission

(5 October 1998)

With regard to the safety aspects of amusement parks and the question of Community provisions in this field, the Commission would refer the Honourable Member to its answer to Oral Question H-669/97 by Mr Willockx during question time at Parliament's September 1997 session(1).

The existence in amusement parks of amusements such as the one described must be considered primarily with regard to their possible harmful moral and psychological effects, particularly on younger visitors.

Existing Community regulations which might apply to amusement parks concern principally the free movement of persons and services (EC Treaty, in particular Articles 52, 56, 59 and 66, or Directive 75/369/EEC on the freedom of establishment and freedom to provide services in respect of itinerant activities)(2).

The Member States are responsible for any measures or rules concerning the moral or psychological harm which might be caused by the amusement in question. Member States may restrict the marketing of this type of equipment on grounds of public morality, public policy or public security or the protection of the health and life of humans on the basis of Article 36 of the EC Treaty, provided that the measures adopted are proportionate to the objectives of protection. There are at present no plans for a European initiative harmonising provisions to safeguard mental health or moral development.

(1) Debates of the European Parliament (September 1997).

(2) OJ L 167, 30.6.1975.