BDS EN 17229:2019

After repeated inquiries to the CPC by a deputy from the PP-DB parliamentary group regarding the regulatory requirements for fitness centers providing fitness services and four detailed responses were prepared, it is important to note that the lack of documents provided by the relevant traders certifying the compliance of the offered services with the safety requirements according to the BDS EN 17229:2019 standard is grounds for the application of coercive administrative measures by the control body in the person of the CPC. The BDS EN 17229:2019 standard regulates the conditions for fitness facilities, their functioning, as well as the operational and management requirements for fitness centers, including requirements related to the general safety of the offered services. The MP has been repeatedly explained that the definition of a safe service is regulated in Art. 70 of the CPC, and Art. 71 lists the cases in which a service is considered safe. For the services provided in fitness centers, there are no regulatory requirements pursuant to paragraph 1 of Article 71 and no harmonized European standards, references to which have been published by the European Commission in the Official Journal of the European Union pursuant to paragraph 2 of Article 71. In this case, paragraph 3, item 1 of Article 71 is applicable, namely: the compliance of the service with the general safety requirements is assessed taking into account the Bulgarian standards implementing European standards other than those under paragraph 2, due to the lack of harmonized standards under paragraph 2 of Article 71 of the Health and Safety Act. As stated on the website of the Bulgarian Institute for Standardization at address, the standard BDS EN 17229:2019 "Fitness centers. Requirements for fitness facilities and their functioning. Operational requirements and requirements related to the management of fitness centers" is applicable to the services offered in fitness centers. There is no published data for the BDS EN 17229:2019 standard in the Official Journal of the European Union and there is no regulatory requirement for the body that carries out activities to assess the conformity of the service with this standard to be accredited by the Bulgarian Accreditation Agency. In this sense, the lack of accreditation does not exempt traders from the obligation to guarantee the safety of the services they offer, as provided for in Art. 69, para. 1 of the Consumer Protection Act. Companies that manage fitness centers are obliged to ensure safe conditions for consumers and to certify the compliance of their activities with regulatory requirements. In support of the above is Decision No. 6236 of 12.06.2023 of the Supreme Administrative Court of the Republic of Bulgaria on a contested order from 2022. of the Chairman of the CPC (i.e. under the previous composition of the CPC), with which a compulsory administrative measure was applied to a fitness club for the period necessary to carry out control and the safety of the offered service. According to the decision of the Supreme Administrative Court, the administrative act was issued lawfully and in accordance with the aim pursued by the law to prevent a real possibility of harm to people's health. The Supreme Administrative Court accepted that since the documents requested by the control body CPC in relation to the assessment and certification of the compliance of the provided service with the legally established safety requirements were not presented with respect to the inspected fitness club, a justified conclusion must be drawn that the prerequisites of Art. 88, para. 1 item 1 of the CPC have been met. During the inspection, doubts arose regarding the compliance of the offered services with the requirements of the BDS EN 17229:2019 standard due to the failure to submit documents certifying the origin of the devices and equipment, as well as documents proving their compatibility with the regulatory instructions for their safe use. According to the decision of the Supreme Administrative Court, the provision of Art. 88, para. 1 of the ZPA obliges the control body, when it establishes that a certain good, service or batch of goods placed on the market poses or is likely to pose a risk to the health and safety of consumers, taking into account the conditions for production or trade of the good or service, to take any of the measures specified in items 1-3 of the same provision. In continuation, the Supreme Administrative Court states that according to the provision of Art. 69 of the ZPA, producers of goods and persons providing services are obliged to offer only safe goods and services to consumers. The legal definition of the concept of "safe goods and services" is contained in Art. 70 and Art. 71 of the ZPA. The good or service is considered safe when it complies with the regulatory safety requirements that it must meet in order to be placed on the market. According to Art. 71, para. 3, item 1 of the ZPA, in the absence of regulatory requirements and standards under para. 2, the compliance of the good or service with the general safety requirements is assessed, taking into account the Bulgarian standards implementing European standards other than those under para. 2.Given all of the above, there is no doubt about the legality of the actions of the Consumer Protection Commission. The Consumer Protection Commission /CPC/ is guided solely by the rule of law and the interests of Bulgarian citizens. Therefore, upon establishing even a potential danger to the health and safety of consumers, the CPC is obliged by law to issue an order for temporary suspension of the provision of the service until its safety is established. Fitness centers that are unable to present documents certifying the origin of the equipment and facilities, as well as documents proving their compliance with the regulatory requirements for their safe use and operation, create a potential risk to the life and health of citizens. The provision of Art. 72 of the Consumer Protection Act /CPA/ is mandatory and does not need interpretation, because it is extremely clear - "manufacturers of goods and persons providing services offer goods and services to consumers after carrying out the activities of assessing and certifying their compliance with the regulatory safety requirements.". The CPA does not impose any obligations on fitness centers, the law imposes such obligations on them. The CPA only requires evidence that fitness centers have fulfilled their obligations under the law. In this case, the safety of services is proven by submitting reports, certificates or other documents for compliance of the services offered by them with the BDS EN 17229:2019 standard. Naturally, the law does not place restrictions on the methods and means of proof, and fitness centers can choose another technical solution. The CPA is obliged to act promptly to ensure the safety of Bulgarian citizens. The CPA applies the law equally to all economic operators. The CPC fulfills its legal obligations to protect people from potential risks to their health and life.