GM3 ARA.GEN.360 Change of competent authority

The competent authority can establish and implement its administrative procedures as it considers appropriate. The following practical guidance is considered best practice that may facilitate the work of, and coordination between, competent authorities.

CASES OF SUSPENSION, REVOCATION, OR CURRENT INVESTIGATION

In case of suspension of a licence or medical certificate, the competent authority responsible for the suspension is the only one entitled to remove the suspension. Therefore, a licence holder with a suspended licence or medical certificate cannot apply for change of competent authority until the suspension is revoked.

In case of revocation of a licence, the licence holder can apply for change of competent authority. The licence holder does not immediately receive a new licence after the change of competent authority, but is able to apply for a new licence to the new authority after all necessary requirements of Annex I (Part-FCL) to Regulation (EU) No 1178/2011 and/or Annex III (Part-BFCL) to Regulation (EU) 2018/395 and/or Annex III (Part-SFCL) to Regulation (EU) 2018/1976 are met. However, the licence holder may immediately receive a medical certificate from the receiving competent authority, if applicable.

In case of revocation of a medical certificate, the certificate holder can apply for change of competent authority. The certificate holder does not immediately receive a new licence after the change of competent authority, but is able to apply for a new certificate and licence to the new authority after all necessary requirements of Annexes I (Part-FCL) and IV (Part-MED) to Regulation (EU) No 1178/2011 and/or Annex III (Part-BFCL) to Regulation (EU) 2018/395 and/or Annex III (Part-SFCL) to Regulation (EU) 2018/1976 are met.

In case of an ongoing investigation that is based on evidence of non-compliance, the licence holder cannot immediately apply for change of competent authority. Sufficient time to investigate the case should be provided to reach a conclusion whether or not the licence or medical certificate must be suspended or revoked before the licence holder can apply for change of competent authority.