What must a Member State do if it designates more than one competent authority for ground handling oversight?

It must set out the responsibilities and geographic scope of competence of each competent authority, and establish coordination between them to ensure effective oversight of all ground handling activities and organisations within their respective remits.

List the tasks that personnel authorised by the competent authority are empowered to perform for oversight.

They are empowered to: (a) examine records, data, procedures and other relevant material; (b) take away copies or extracts of such material; (c) ask for oral explanation on-site when necessary; (d) enter relevant premises, operating sites, other relevant areas and means of transport; (e) perform audits, investigations, tests, exercises, assessments, inspections; and (f) take or initiate enforcement measures as appropriate.

When a ground handling organisation falls under Article 2(1)(c) of Delegated Regulation (EU) 2022/1645 and the Member State has designated an independent entity for information security oversight, what coordination is required?

Coordination measures must be established between that independent entity and the national competent authority designated under this Regulation, to ensure effective oversight of all requirements to be met by the ground handling organisation.

Article 4 -- Oversight

Q: What is required to prevent conflicts of interest for competent authority personnel performing oversight?

Member States must ensure that the competent authorities' personnel do not perform oversight activities where this could result directly or indirectly in a conflict of interest.

Q: Under what condition may Member States empower oversight personnel to carry out additional tasks?

Where necessary, Member States may empower the personnel to carry out additional tasks for the purpose of oversight activities.

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Article 4 — Oversight

Regulation (EU) 2025/23

1. Where a Member State designates more than one competent authority, it shall set out the responsibilities and geographic scope of competence of each competent authority.

Coordination shall be established between those authorities to ensure effective oversight of all ground handling activities and organisations performing them within their respective remits.

2. Member States shall ensure that the competent authorities’ personnel do not perform oversight activities where this could result directly or indirectly in a conflict of interest.

3. Personnel authorised by the competent authority to carry out oversight activities shall be empowered to perform the following tasks:

(a) examine the records, data, procedures and any other material relevant to the execution of the oversight task;

(b) take away copies of or extracts from such records, data, procedures and other material;

(d) enter relevant premises, operating sites or other relevant areas and means of transport;

(e) perform audits, investigations, tests, exercises, assessments, inspections; and

(f) take or initiate enforcement measures as appropriate.

Where necessary, Member States shall empower the personnel to carry out additional tasks for the purpose of oversight activities.

4. Where a ground handling organisation falls within the scope of Article 2(1), point (c), of Commission Delegated Regulation (EU) 2022/1645[7], and the Member State concerned has designated an independent and autonomous entity to fulfil the assigned role and responsibilities of the competent authority responsible for overseeing compliance with Delegated Regulation (EU) 2022/1645, coordination measures shall be established between that entity and the national competent authority designated in accordance with this Regulation, to ensure effective oversight of all the requirements to be met by the ground handling organisation.

5. The Member States shall develop and implement enforcement measures as specified in
Article 62(2) points (d) and (e), of Regulation (EU) 2018/1139.

[7] Commission Delegated Regulation (EU) 2022/1645 of 14 July 2022 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards requirements for the management of information security risks with a potential impact on aviation safety for organisations covered by Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 and amending Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 (OJ L 248, 26.9.2022, p. 18, ELI: http://data.europa.eu/eli/reg_del/2022/1645/oj).

Details

Source-Title: Article 4 -- Oversight View latest amendments

Erulesid: ERULES-1963177438-23624 Compare versions

Domain: Ground Handling

Applicabilitydate: 27 March, 2028

Entryintoforcedate: 27 March, 2025

Regulatorysource: Regulation (EU) 2025/23 Navigate

Regulatorysubject: Cover regulation

Typeofcontent: IR (Implementing rule)

Origin: EASA

Category: EAR