Source: European Parliament
The Commission would like to refer the Honourable Member to its reply to Written Question E-004041/2019 with the following additional elements.
At present, there is still no harmonised EU legal framework on the safety of specific equipment designed and constructed for use in fairgrounds or amusement parks. Indeed, the co-legislators have agreed to keep such equipment outside of the scope of the recently adopted Machinery Regulation[1].
However, fairground equipment does fall under the scope of the General Product Safety Regulation (GPSR)[2]. The GPSR indeed applies to certain products supplied or made available to consumers in the context of the provision of services, including products to which consumers are directly exposed during the provision of a service[3].
The GPSR requires that only safe products are placed or made available on the EU market. The GPSR significantly strengthens product safety in the EU by reinforcing or introducing new obligations for economic operators for products or risks associated to products under its scope.
These include enhanced traceability requirements, the requirement to draw up technical documentation and risk assessments for all consumer products falling under the scope of the GPSR, accident reporting and complaint handling, among other measures.
- [1] Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (OJ L 165, 29.6.2023, p. 1, ELI: http://data.europa.eu/eli/reg/2023/1230/oj).
- [2] Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety.
- [3] Articles 1-3, as well Recital 17 of Regulation (EU) 2023/988.