Establishment authorisation, operating authorisation and notification of operation of recreational activities in amusement parks, circuses and ice rinks
Basic information
Institutional Body
MINISTRY OF DEVELOPMENT
Description
This procedure has to do with the establishment authorisation, operating authorisation and notification of operation of recreational activities in amusement parks, circuses and ice rinks.
At a glance
| Points of Service | Points of Single Contact (ΚΕΠ – EKE) |
| Digital provision points | Notify business |
| Number of Documents | Not required |
| Cost | ~ 170 - 300 € |
| Process Diagram |
Conditions
Fees / Imposts
- To obtain an establishment authorisation for amusement park, circus and ice-skating recreational activities, a fee of EUR 100.00 must be paid in advance, in accordance with Articles 11 and 115 of Law 4442/2016.Typee-Administrative Fee
- To obtain an operating authorisation for the recreational activities referred to in Article 3(4), a fee of EUR 150.00 must be paid in advance, in accordance with Articles 11 and 115 of Law 4442/2016, for all activities other than those carried out temporarily within the meaning of Article 111(8) of Law 4442/2016. For carrying out an activity temporarily for no more than 15 days, a fee of EUR 20.00 must be paid to obtain an operating authorisation; for carrying out an activity temporarily for more than 15 days, a fee of EUR 40.00 must be paid.Typee-Administrative Fee
- To submit an initial notification of operation for amusement park, circus and ice rink recreational activities, a fee of EUR 50.00 must be paid in advance, in accordance with Articles 11 and 115 of Law 4442/2016.Typee-Administrative Fee
What you will need
- Granting an establishment authorisation.Filed bySubmitted by the applicant (digital), Submitted by the applicant (in person or by post)NoteThe activity operator should submit an application to the licensing authority, providing therein its correct details, the exact location where it wishes to establish its activity and a description of its activity, also indicating the activity code number (NACE category or activity code number-KAD). The application for an establishment authorisation should only be submitted via the Integrated Information System for Carrying Out Activities and Audits (OPS-ADE) referred to in Article 14 of Law 4442/2016, which is accessible via the Single Digital Portal for Public Administration (gov.gr – EPSP). Up until the OPS-ADE is launched and with regard to the part relating to an establishment authorisation for amusement park, circus and ice rink activities, the application should be submitted in hardcopy or electronic format to the competent licensing authority, whereas the authenticity of the signature affixed should be verified if the notification is not submitted by the activity operator personally – or at any Citizen Service Centre (KEP) operating as a Single Service Centre (EKE), in accordance with Article 7 of Law 3844/2010 (Government Gazette, Series I, No 63). Where the procedure is carried out at a KEP operating as an EKE, the form referred to in Annex II to Joint Ministerial Decision No 65006/27.06.2022 (Government Gazette, Series II, No 3364) should be submitted.Applicant statusLegal entities, Persons
Legislation
- DescriptionFramework for carrying out amusement park, circus and ice rink recreational activities – Additional Chapter XIX to Law 4442/2016.Legal references
- DescriptionLaying down the procedure, content, supporting documents, fees and penalties for granting an establishment authorisation and an operating authorisation, as well as for notifying the operation of amusement park, circus and ice rink recreational activities, and inclusion in the Citizen Service Centres (KEPs) operating as Single Service Centres (EKEs).Legal references
- DescriptionRegulation on safety and control of amusement equipment and structures.Legal references
- DescriptionAmending Decision No 50116/20.05.2020 of the Deputy Minister for Development laying down the regulation on safety and control of amusement equipment and structures’ (Government Gazette, Series II, No 2065).Legal references
About
Application for hierarchical appeal/ recourse according to article 24 of Law 2690/1999. The person concerned may apply either to the administrative authority which adopted the act for its revocation or amendment (request for recourse) or to the authority which heads the one which adopted the act for its annulment (hierarchical appeal). The requested administrative authority must notify the interested party of its decision on the application within thirty (30) days at the latest, unless a different deadline is provided for by special provisions.
Other Information
Remarks
To carry out business relating to indoor or outdoor amusement park, circus and ice rink activities, it is necessary to establish and operate these facilities. The competent licensing authority is the municipality concerned, or the Special Service for Promoting and Authorising Tourist Investments (EYPATE) of the Ministry of Tourism where such activities are to be carried out on land in a tourist port. To establish the activity (amusement park, circus, ice rink), an establishment authorisation needs to be granted by the competent licensing authority at the request of the party concerned. To operate the activity (amusement park, circus, ice rink), an operating authorisation needs to be granted by the competent licensing authority (municipality or EYPATE) at the request of the party concerned, or a notification needs to be submitted by the party concerned to the above licensing authority. An operating authorisation is required to operate activities that include amusement devices falling under the scope of Decision No 50116/20.05.2020 of the Deputy Minister for Development laying down the Regulation on safety and control of amusement equipment and structures’ (Government Gazette, Series II, No 2065). To operate activities that do not fall under the scope of the above Ministerial Decision, the party concerned should follow the procedure for submitting a notification via the electronic notifybusiness system (www.notifybusiness.gov.gr), if technically possible. Otherwise, the notification should be submitted in hardcopy or electronic format to the competent licensing authority (municipality or EYPATE) – whereas the authenticity of the signature affixed should be verified if the notification is not submitted by the activity operator personally – or at any Citizen Service Centre (KEP) operating as a Single Service Centre (EKE), in accordance with Article 7 of Law 3844/2010 (Government Gazette, Series I, No 63). More specifically, the following shall apply: *ESTABLISHMENT AUTHORISATION: The application for an establishment authorisation, along with the required supporting documents, should only be submitted via the Integrated Information System for Carrying Out Activities and Audits (OPS-ADE) referred to in Article 14 of Law 4442/2016 (Government Gazette, Series I, No 230), which is accessible via the Single Digital Portal for Public Administration (gov.gr – EPSP). Up until the OPS-ADE is launched and with regard to the part relating to an establishment authorisation for amusement park, circus and ice rink activities, the notification should be submitted in hardcopy or electronic format to the competent licensing authority (municipality or EYPATE) – whereas the authenticity of the signature affixed should be verified if the notification is not submitted by the activity operator personally – or at any Citizen Service Centre (KEP) operating as a Single Service Centre (EKE), in accordance with Article 7 of Law 3844/2010 (Government Gazette, Series I, No 63). Where the procedure is carried out at a KEP operating as an EKE, the form referred to in Annex II to Joint Ministerial Decision No 65006/27.06.2022 (Government Gazette, Series II, No 3364) should be submitted. The licensing authority should, within 15 days from the date the application and supporting documents were properly submitted, issue the establishment authorisation or reject the request, providing the specific reasons for its rejection decision. If the licensing authority finds it appropriate, it may, before issuing the authorisation and in any case within the same 15 day deadline, carry out a site inspection to verify the actual circumstances on site, with emphasis on adjacent facilities. If no action has been taken within the above deadline, the establishment authorisation will be presumed to have been granted, provided that operation of the activity at that particular location is not prohibited. The activity operator may request from the licensing authority a certificate to the effect that no action was taken within the above deadline. An establishment authorisation will remain in force for 1 year from the date of issuance and may be extended once for a further 6 months, provided that the activity operator meets the following conditions: (a) it has submitted a request, while it still has an establishment authorisation, and (b) it has launched the procedures to implement the structures or install the equipment required for the operation of its activity. The licensing authority should, without undue delay, communicate the authorisation and any amendments thereto to the local competent agencies, in particular the Building Agency, the Forestry Agency, the competent agencies of the Ministry of Culture and Sports, as well as any other agencies which, in the opinion of the licensing authority, need to be informed of the establishment of the activity, in order to exercise their audit duties. Exemption from the obligation to obtain an establishment authorisation: Activities that are temporarily carried out in a public area which has been ceded for that purpose by the competent agency or in a municipal or private area are exempted from the obligation to obtain an establishment authorisation. ‘Temporary activity’ means an activity carried out for no more than 60 days, whereas the activity may be established at the same location no more than twice a year, irrespective of the activity operator. In such cases, the land uses determined in the town plan concerned need not be reviewed, and Joint Decision No 7034/1298/15.03.2000 of the Deputy Minister for the Interior, Public Administration and Decentralisation, the Deputy Minister for Development, and the Deputy Minister for the Environment, Physical Planning and Public Works on minimum distances for recreational activities (Government Gazette, Series II, No 368) does not apply. No establishment is permitted in areas that are subject to special provisions on the protection of the environment and of the cultural, architectural and physical heritage. The supporting documents for granting an establishment authorisation are listed in points 1 to 6 of the section ‘What you will need’. *OPERATING AUTHORISATION: To obtain an operating authorisation, the activity operator should submit an application along with the required supporting documents to the licensing authority (municipality or EYPATE), providing therein its correct details, the exact location where it wishes to establish its activity and a description of its activity, also indicating the activity code number (NACE category or activity code number – KAD). The application for an operating authorisation should only be submitted via the OPS-ADE referred to in Article 14 of Law 4442/2016, which is accessible via the Single Digital Portal for Public Administration (gov.gr – EPSP). Up until the OPS-ADE is launched and with regard to the part relating to an operating authorisation for amusement park, circus and ice rink activities, the notification should be submitted in hardcopy or electronic format to the competent licensing authority (municipality or EYPATE) – whereas the authenticity of the signature affixed should be verified if the notification is not submitted by the activity operator personally – or at any Citizen Service Centre (KEP) operating as a Single Service Centre (EKE), in accordance with Article 7 of Law 3844/2010 (Government Gazette, Series I, No 63). Where the procedure is carried out at a KEP operating as an EKE, the form referred to in Annex II to Joint Ministerial Decision No 65006/27.06.2022 (Government Gazette, Series II, No 3364) should be submitted. The equipment must, in any event, meet the requirements of the national and Union technical legislation to which it is subject and, in the absence thereof, it must meet the requirements laid down in the General Product Safety Directive, as specified in Joint Decision No Ζ3/2810/14.12.2004 of the Minister for the Interior, Public Administration and Decentralisation, the Minister for the Economy and Finance, the Minister for Development, the Minister for Health and Social Solidarity, the Minister for Justice, and the Minister for Transport and Communications (Government Gazette, Series II, No 1885). The licensing authority referred to in Article 2(1) should, within 30 days from the date the application and supporting documents were properly submitted, carry out a site inspection pursuant to Article 112(2) of Law 4442/2016 and issue the operating authorisation or reject the request, providing the specific reasons for its rejection decision. Where the activities are to be carried out on land in a tourist port, the site inspection referred to in the previous sentence should be carried out on behalf of the licensing authority by the local competent Regional Tourist Service. More specifically, where activities are to be carried out temporarily for no more than 60 days in a public area which has been ceded for that purpose by the competent agency or in a municipal or private area, the deadline referred to in the previous sentence is 10 days from the date the application and supporting documents were properly submitted. If no action has been taken within the above deadlines, the operating authorisation shall be presumed to have been granted, provided that the activity complies with the provisions of Chapter XIX of Law 4442/2016 and the provisions hereof, and the activity operator may request from the licensing authority a certificate to the effect that no action was taken within the deadline for granting the operating authorisation. The operating authorisation will remain in force for an indefinite period of time, except where a public area has been ceded, in which case it will remain in force for as long as the concession is in place. The activity operator must renew and keep up-to-date any supporting documents submitted during the authorisation procedure which have a limited effective period. The licensing authority should, without undue delay, communicate the operating authorisation and any amendments thereto to competent agencies, i.e. the Building Agency, the Fire Brigade, the Environmental Agency, the Civil Aviation Authority, as well as any other agencies which, in the opinion of the licensing authority, need to be informed of the operation of the activity, in order to exercise their audit duties. The supporting documents for granting an operating authorisation are listed in points 7 to 21 of the section ‘What you will need’. *NOTIFICATION OF OPERATION To launch the operation of amusement park, circus and ice rink activities without any amusement devices that fall under the scope of Decision No 50116/20.05.2020 of the Deputy Minister for Development, prior notification is required in accordance with Annex I to Joint Ministerial Decision No 65006/27.06.2022 (Government Gazette, Series II, No 3364). The notification should contain the information necessary for the activity to be carried out and should be submitted by the activity operator, the latter being the sole person responsible for its contents. Submission of notification: The notification should only be submitted to the licensing authority (municipality or EYPATE) via the OPS-ADE referred to in Article 14 of Law 4442/2016, which is accessible via the Single Digital Portal for Public Administration (gov.gr – EPSP). Up until the OPS-ADE is launched and with regard to the part relating to the notification of amusement park, circus and ice rink recreational activities, the notification should be submitted via the electronic notifybusiness system (www.notifybusiness.gov.gr), if technically possible. Otherwise, the notification should be submitted in hardcopy or electronic format to the competent authority referred to in Article 2 – whereas the authenticity of the signature affixed should be verified if the notification is not submitted by the activity operator personally – or at any Citizen Service Centre (KEP) operating as a Single Service Centre (EKE), in accordance with Article 7 of Law 3844/2010 (Government Gazette, Series I, No 63). Electronic submission (OPS-ADE or notifybusiness system): Where the notification is submitted electronically via the OPS-ADE or the electronic notifybusiness system (www.notifybusiness.gov.gr), a unique number and a time stamp will be generated by the system and assigned to the notification. The file bearing a unique number will serve as proof of submission of the notification, so no registration is required. Submission outside the OPS-ADE or the notifybusiness system: Where the notification is submitted in hardcopy or electronic format (outside the OPS-ADE or the notifybusiness system): (a) the competent authority (municipality or EYPATE) or the KEP-EKE should, under all circumstances, receive the notification and issue a document of proof of submission, to which the submitted notification should be attached; (b) the competent authority (municipality or EYPATE) should assign a unique serial number to the notification, which will remain the same even if the notification is modified, simply by adding an additional serial number for each change; (c) the competent authority (municipality or EYPATE) should, without undue delay and using any means available, notify the activity operator of the serial number assigned to its notification. No supporting documents are required when the notification is submitted. The activity operator must keep the supporting documents and the proof of submission of the notification at the place of its activity, in accordance with paragraph 6 of Joint Ministerial Decision No 65006/27.06.2022 (Government Gazette, Series II, No 3364). The equipment must, in any event, meet the requirements of the national and Union technical legislation to which it is subject and, in the absence thereof, it must meet the requirements laid down in the General Product Safety Directive, as specified in Joint Decision No Ζ3/2810/14.12.2004 of the Minister for the Interior, Public Administration and Decentralisation, the Minister for the Economy and Finance, the Minister for Development, the Minister for Health and Social Solidarity, the Minister for Justice, and the Minister for Transport and Communications (Government Gazette, Series II, No 1885). Once the notification has been submitted, the operator may start operating its activity. The licensing authority (municipality or EYPATE) should, without undue delay, communicate the notification and any amendments thereto to competent agencies: the Building Agency, the Fire Brigade, the Environmental Agency, the Civil Aviation Authority, as well as any other agencies which, in the opinion of the licensing authority, need to be informed of the operation of the activity, in order to exercise their audit duties. Where the notification is submitted via an electronic system, it should be communicated electronically via the system or by email, without any need to issue a cover letter for that purpose. The supporting documents for the notification are listed in points 22 to 35 of the section ‘What you will need’. The competent or licensing authority is the municipality in whose territorial jurisdiction the activity is to be carried out. More specifically, where amusement park, circus and ice rink recreational activities are to be carried out on land in a tourist port, the competent licensing authority is the Special Service for Promoting and Authorising Tourist Investments (EYPATE) of the Ministry of Tourism.
