1. ------IND- 2020 0218 GR- EN- ------ 20200505 --- --- PROJET

ΕΛΛΗΝΙΚΗ ΔΗΜΟΚΡΑΤΙΑ HELLENIC REPUBLIC ΥΠΟΥΡΓΕΙΟ ΑΝΑΠΤΥΞΗΣ ΚΑΙ ΕΠΕΝΔΥΣΕΩΝ MINISTRY OF DEVELOPMENT AND INVESTMENT

GENERAL SECRETARIAT FOR INDUSTRY Athens DIRECTORATE-GENERAL FOR INDUSTRY AND THE BUSINESS ENVIRONMENT Reference No DIRECTORATE OF QUALITY POLICY Postal address: Kaningos Square, 101 81 Athens Contact person: Ekaterini Triveli Telephone: 2103893845 Fax: 2103893850 Email: triveli.aikaterini@ggb.gr
1. ------IND- 2020 0218 GR- EN- ------ 20200831 --- --- FINAL

HELLENIC REPUBLIC
MINISTRY OF
DEVELOPMENT AND INVESTMENTS GENERAL SECRETARIAT FOR INDUSTRY DIRECTORATE-GENERAL FOR INDUSTRY AND THE BUSINESS ENVIRONMENT DIRECTORATE OF QUALITY POLICY DEPARTMENT OF QUALITY POLICIES, BUSINESS EXCELLENCE AND METROLOGICAL POLICY Athens, 20/05/2020 Ref. No.: 50116 - 20/05/2020 Postal Address Postal Code Information Tel. Fax Email : Kaningos Square : 10181, Athens : Triveli Aikaterini : 2 1 0 3 8 9 3 8 4 5 : 2 1 0 3 8 9 3 8 5 0 : Triveli.aikaterini@ggb.gr

DECISION

SUBJECT: Regulation on the safety and inspection of amusement equipment and devices
SUBJECT: Regulation on the safety and inspection of amusement equipment and devices

THE MINISTER

FOR DEVELOPMENT AND INVESTMENT
FOR DEVELOPMENT AND INVESTMENTS

Α. Having regard to:

Law 2690/1999 (45/A), ‘Ratification of the Code of Administrative Procedure and other provisions’.

Law 4622/2019 (133/Α) on ‘Executive State: organisation, operation and transparency of the Government, government bodies and central public administration’.
Law 4622/2019 (133/Α) on ‘State headquarters: organisation, operation and transparency of the government, government organs and central public administration;.

Law 4605/2019 (52/A) and, specifically, Article 47 thereof, which states: ‘1. The Directorate-General for the Implementation of Regulations, Infrastructure and Control within the General Secretariat for Industry of the Ministry of Economy and Development, established by Article 2 of Presidential Decree 147/2017 (192/A), is hereby renamed the Directorate-General for Industry and the Business Environment’.


Presidential Decree 83/2019 (121/A) on the 'appointment of a Deputy Prime Minister, Ministers, Deputy Ministers and State Secretaries'.

Joint Decision 46/18.07.2019 (3100/B) of the Prime Minister and the Minister for Development and Investment on the ‘Delegation of responsibilities to the Secretary of State for Development and Investment, Nikolaos Papathanasis’.

Decision Oik.79598/30.07.2019 of the Prime Minister and the Minister for Development and Investment on the ‘Appointment of the recalled Secretary-General for Industry in the Ministry of Development and Investment’ (507/YODD).

Decision Oik.15597/7.4.2015 (689/B) of the Minister for Productive Recovery, Environment and Energy on the transfer of the right to sign documents ‘By order of the Minister’ to the Secretary-General for Industry, the heads of directorates-general, the heads of directorates and the heads of departments in the General Secretariat for Industry of the Ministry of Productive Recovery, Environment and Energy’.

Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.

Regulation (EC) No 764/2008 of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052/95/EC,

Decision No 768/2008 of the European Parliament and of the Council on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC.
Joint Decision 46/18.07.2019 (3100/B) of the Prime Minister and the Minister for Development and Investments on the ‘Delegation of responsibilities to the Secretary of State for Development and Investments, Nikolaos Papathanasis’.

Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, and Regulation (EU) 2019/1020 of the European Parliament and of the Council on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011.

Regulation (EU) No 2019/515 of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State and repealing regulation (EC) No 764/2008;

Presidential Decree 81/2018 (Government Gazette 151/A/2018), ‘Incorporation into Greek law of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 (OJ L 241, 17 September 2015, p. 1) laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codified version) and other provisions’.

The provisions of Joint Ministerial Decision PH.01.2/56790/DPP1828/31.5.2016 (1897/B), ‘Regulatory framework for conformity assessment bodies operating in the fields of European Union legislative harmonisation and/or fields of purely national technical industrial legislation, which fall within the competence of the General Secretariat for Industry’.

The fact that the draft decision was notified to the European Commission under notification number 2020/XXX/GR, in accordance with the provisions of Article 6 of Presidential Decree 81/2018.
The fact that the draft decision was notified to the European Commission under notification number 2020/218/GR, in accordance with the provisions of Article 6 of Presidential Decree 81/2018 following the urgency procedure and was granted the relevant approval.

The fact that the provisions of this Decision do not entail any expenses for the State budget,


The following are excluded from this decision:

Grandstands in sports stadiums, fields and other events, other than those included in amusement devices (paragraph 5.2.10.5 of ELOT EN 13814 – 1).
grandstands in sports stadiums, fields and other events, other than those included in amusement devices (paragraph 5.2.10.5 of ELOT EN 13814 – 1).

construction site installations,


swimming pool equipment,

race tracks for go-carts,

The licensing of the activities of economic operators that operate amusement devices and equipment falling within the scope of this Decision, as well as the safety and health of their workers, are covered by the relevant provisions.

Article 2
cart racing facilities for cart vehicles.

The licensing of activities of financial entities making use of amusement facilities and equipment that fall under the scope of application of this decision, as well as issues pertinent to the safety and hygiene of employees thereof, shall be covered by the provisions relevant in each case.

Article 2

Definitions

For the purposes of this Decision, the following definitions shall apply:

Amusement device(amusement device): a device that results in the desired effect of entertainment or amusement when an occupant moves through it or on it, either by using his own action or through any other system which is not covered by the term ‘amusement ride’.

Amusement ride: equipment designed for the amusement of passengers while it moves, including the effect of the biomechanical impact. Note: For the purposes of this Decision the term ‘amusement device’ is used; this also refers to amusement rides.

Amusement area(amusement park): defined area, open or closed, intended for public amusement, in which at least one amusement device is installed permanently or temporarily.

Supporting installations: all materials and technical resources needed for the full and safe operation of the area in which amusement devices are located, installed and adjusted (e.g. construction works and materials, signs, advisory and information signals, ventilation devices, electrical switchboards, lighting, gas containers, fire extinguishers, water tanks, etc.).

Manufacturer(manufacturer): a natural person or legal entity responsible for the design and construction of an amusement device or, more generally, a product in order to place it on the market under the manufacturer’s name. Any commercial entity which either puts a product on the market under its own name or logo, or modifies a product in such a way that its compliance with the applicable requirements may be affected, must be regarded as a manufacturer and must assume the obligations of the manufacturer.
For the purposes of this decision, the following definitions shall apply:

Amusement device: Device that produces the desired effect of amusement or entertainment when the patron moves through it or on it, either by his or her own action or any other system that is not covered by the term 'amusement ride'.

Amusement ride: Equipment designed for the amusement of passengers while it moves, including the effect of the biomechanical impact. Note: For the purposes of this Decision the term ‘amusement device’ is used; this also refers to amusement rides.

Amusement park: defined area, open or closed, intended for public amusement, in which at least one amusement device is installed permanently or temporarily.

Supporting installations: all materials and technical resources needed for the full and safe operation of the area in which amusement devices are located, installed and adjusted (e.g. construction works and materials, signs, advisory and information signals, ventilation devices, electrical switchboards, lighting, gas containers, fire extinguishers, water tanks, etc.

Manufacturer: a natural person or legal entity responsible for the design and construction of an amusement device or, more generally, a product in order to place it on the market under the manufacturer’s name. Any commercial entity which either puts a product on the market under its own name or logo, or modifies a product in such a way that its compliance with the applicable requirements may be affected, must be regarded as a manufacturer and must assume the obligations of the manufacturer.

Person responsible for operations: the economic entity which operates all the amusement devices and supporting installations in a specific amusement area and who is responsible for their safe operation.

Person responsible for operations(controller/ride controller): the person responsible for the full control of an amusement device. This may be the natural person or legal entity to whom the amusement device belongs, either as concessionaire or tenant, who has been given full control of the device by the operations manager for a specific period of time.

Operator: (operator): trained person designated by the ‘person responsible for operations’ to operate the amusement device when it is intended to be used for the amusement of the public.

Assistant: (attendant): a trained person working under the supervision of an ‘operator’ to help in the operation of an amusement device made available for use by the public.

Person with technical competence(competent person): person who can demonstrate that he has acquired through training, qualifications or experience, or a combination thereof, the knowledge and skills to enable him to perform a specific job.

Putting into operation: the operation of an amusement device for the first time by the person responsible for operations after its receipt and before the start of its commercial operations.

User/passenger(passenger/patron): a person who makes use of an amusement device.

Record of operation, maintenance and incidents for the amusement device(amusement device log): file and/or electronic data file that contains all the necessary information concerning the use and the history of any amusement device.

Travelling amusement device (temporarily installed amusement device): amusement device designed for installation and dismantling, which is not installed for a period exceeding the period laid down by the applicable law.
Controller / ride controller: the person responsible for the full control of an amusement device. This may be the natural person or legal entity to whom the amusement device belongs, either as concessionaire or tenant, who has been given full control of the device by the operations manager for a specific period of time.

Operator: trained person designated by the ‘person responsible for operations’ to operate the amusement device when it is intended to be used for the amusement of the public.

Attendant: a trained person working under the supervision of an ‘operator’ to help in the operation of an amusement device made available for use by the public.

Competent person: person who can demonstrate that he has acquired through training, qualifications or experience, or a combination thereof, the knowledge and skills to enable him to perform a specific job.

Commissioning: the operation of an amusement device for the first time by the person responsible for operations after its receipt and before the start of its commercial operations.

Passenger / patron: a person who makes use of an amusement device.

Amusement device log: file and/or electronic data file that contains all the necessary information concerning the use and the history of any amusement device.

Temporarily installed amusement device: amusement device designed for installation and dismantling, which is not installed for a period exceeding the period laid down by the applicable law.

Fixed amusement device: amusement device which is not a travelling amusement device.


Extraordinary technical inspection: an inspection carried out by a recognised inspection body at the request of the person responsible for operations, the judicial authorities and the competent authorities within the framework of an investigation of an extraordinary event (such as injury, complaint, accident, investigation by the public prosecutor’s office, etc.).

Thorough technical check (thorough examination): detailed check on the procedures and conduct of the required inspections by the control body recognised for the relevant field (for the scope of this Decision), to decide whether an amusement device may safely continue to operate or whether its deficiencies must be remedied immediately or within a specified time limit.

Reasonably foreseeable non-intended use (reasonably foreseeable misuse): use of an amusement device in a manner that is not intended by the manufacturer, but which may arise from easily foreseeable human behaviour. (Annex to standard ELOT EN 13814:2019, Part 1, which provides a non-exhaustive list of human behaviours. Source: EN ISO 12100: 2010)
Thorough examination: detailed check on the procedures and conduct of the required inspections by the control body recognised for the relevant field (for the scope of this Decision), to decide whether an amusement device may safely continue to operate or whether its deficiencies must be remedied immediately or within a specified time limit.

Reasonably foreseeable misuse: use of an amusement device in a manner that is not intended by the manufacturer, but which may arise from easily foreseeable human behaviour. (Annex to standard ELOT EN 13814:2019, Part 1, which provides a non-exhaustive list of human behaviours. Source: EN ISO 12100: 2010)

Technical inspection report: official document, issued by an approved control body, certifying the amusement device's compliance or failure to comply with the technical requirements of this Decision.


Amusement devices and supporting installations are presumed to comply with the safety requirements of paragraph 1 if they comply with the technical specifications and requirements laid down in the harmonised European standard ELOT EN 13814:2019, as currently in force, and for all the individual cases covered in the three parts thereof:

ELOT EN 13814-1: Safety of amusement rides and amusement devices – Part 1: Design and manufacture (Safety of amusement rides and amusement devices - Part 1: Design and manufacture)

ELOT EN 13814-2: Safety of amusement rides and amusement devices – Part 2: Operation, maintenance and use (Safety of amusement rides and amusement devices - Part 2: Operation, maintenance and use)
ELOT EN 13814-1: Safety of amusement rides and amusement devices – Part 1: Design and manufacture requirements (Safety of amusement rides and amusement devices - Part 1: Design and manufacture)

ELOT EN 13814-2: Safety of amusement rides and amusement devices – Part 2: Operation, maintenance and use requirements (Safety of amusement rides and amusement devices - Part 2: Operation, maintenance and use)

ELOT EN 13814-3: Safety of amusement rides and amusement devices – Part 3: Requirements for inspection during design, manufacture, operation and use (Safety of amusement rides and amusement devices - Part 3: Requirements for inspection during design, manufacture, operation and use)

Electrical, electromechanical and other equipment that structures, forms and/or supports the operation of amusement devices and supporting installations must meet the requirements of the relevant legislation at all applicable levels.

Each amusement device shall be accompanied by technical documentation in accordance with the requirements of the harmonised European standard ELOT EN 13814:2019, as currently in force, which, in line with category and type, shall contain: the required technical characteristics, risk assessment files, (such as DRA results – Design Risk Assessment και OURA - Operation and Use Risk Assessment), the mechanical/electrical schematics, certificates, the date and nature of maintenance, repair and inspection work carried out, and the amusement device's operation, maintenance and incidents file. The technical documentation shall be drawn up by the manufacturer, maintained under the responsibility of the person responsible for operations and shall always be available to the competent authorities and the approved control body.
Each amusement device shall be accompanied by technical documentation in accordance with the requirements of the harmonised European standard ELOT EN 13814:2019, as currently in force, which, in line with category and type, shall contain: the necessary technical characteristics, risk assessment files (such as DRA - Design Risk Assessment results and OURA - Operation and Use Risk Assessment), mechanical - electrical plans, certificates, the date and nature of the maintenance work, inspections and control performed as well as the Amusement Device Log. The technical documentation shall be drawn up by the manufacturer, maintained under the responsibility of the person responsible for operations and shall always be available to the competent authorities and the approved control body.

All amusement devices and supporting installations must be subject to the ‘Initial Technical Inspection’, in accordance with the provisions of Article 4.


Work relating to:

(a) installation,

(b) assembly, dismantling and relocation,

(c) maintenance and cleaning,

(d) internal inspection,

(e) handling and operation of amusement devices and supporting,

installations and

(f) guidance and monitoring of the public for their safety
a) installation,

b) assembly, dismantling and relocation,

c) maintenance and cleaning,

d) internal inspection,

e) handling and operation of amusement devices and supporting facilities, and

f) guidance and monitoring of the public for their safety