Article 3 - Oversight capabilities
Regulation
(EU) 2018/394
1. Member States shall designate one or
more entities as the competent authority within that Member State with the
necessary powers and allocated responsibilities for the certification and oversight
of persons and organisations subject to Regulation (EC) No 216/2008 and its
implementing rules.
The administration and management systems of the competent
authorities of the Member States and of the Agency shall comply with the
requirements specified in Annex II.
2. If a Member State designates more than
one entity as competent authority:
(a) the areas of competence of each competent
authority shall be clearly defined in terms of responsibilities and geographic
limitation; and
(b) coordination shall be established between
those entities to ensure effective oversight of all organisations and persons
subject to Regulation (EC) No 216/2008 and its implementing rules within their
respective remits.
3. Member States shall ensure that the
competent authority(ies) has(ve) the necessary capability to ensure the
oversight of all persons and organisations covered by their oversight
programme, including sufficient resources to fulfil the requirements of this
Regulation.
4. Member States shall ensure that
competent authority personnel do not perform oversight activities when there
is evidence that this could result directly or indirectly in a conflict of
interest, in particular when relating to family or financial interest.
5. Personnel authorised by the competent
authority to carry out certification and/or oversight tasks shall be empowered
to perform at least the following tasks:
(a) examine the records, data, procedures and
any other material relevant to the execution of the certification and/or
oversight task;
(b) take copies of or extracts from such
records, data, procedures and other material;
(c) ask for an oral explanation on site;
(d) enter relevant premises, operating sites
or means of transport;
(e) perform audits, investigations,
assessments, inspections, including ramp inspections and unannounced
inspections;
(f) take or initiate enforcement measures as
appropriate.
6. The tasks under paragraph 5 shall be
carried out in compliance with the legal provisions of the relevant Member
State.
EU aviation safety regulations require member states to designate competent authorities for oversight and certification of aviation personnel and organizations. These authorities must have sufficient resources, avoid conflicts of interest, and possess powers to examine records, conduct inspections, and enforce regulations, ensuring effective aviation safety oversight within their defined responsibilities.
* Summary by Aviation.Bot - Always consult the original document for the most accurate information.
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