ARA.GEN.355 Findings and enforcement measures - persons

• Regulation (EU) No 290/2012 found in: Aircrew (No 1178/2011) Part-FCL Part-MED Part-CC Part-ARA Part-ORA Part-DTO (Aug 2023)

ARA.GEN.355 Findings and enforcement measures – persons Regulation (EU) No 290/2012 (a) If, during oversight or by any other means, evidence is found by the competent authority responsible for oversight in accordance with [ARA.GEN.300(a)](#_DxCrossRefBm1199963922) that shows a non-compliance with the applicable requirements by a person holding a licence, certificate, rating or attestation issued in accordance with Regulation (EC) No 216/2008 and its Implementing Rules, the competent authority shall raise a finding, record it and communicate it in writing to the licence, certificate, rating or attestation holder. (b) When such finding is raised, the competent authority shall carry out an investigation. If the finding is confirmed, it shall: (1) limit, suspend or revoke the licence, certificate, rating or attestation as applicable, when a safety issue has been identified; and (2) take any further enforcement measures necessary to prevent the continuation of the non-compliance. (c) Where applicable, the competent authority shall inform the person or organisation that issued the medical certificate or attestation. (d) Without prejudice to any additional enforcement measures, when the authority of a Member State acting under the provisions of [ARA.GEN.300(d)](#_DxCrossRefBm1199963922) finds evidence showing a non-compliance with the applicable requirements by a person holding a licence, certificate, rating or attestation issued by the competent authority of any other Member State, it shall inform that competent authority. (e) If, during oversight or by any other means, evidence is found showing a non-compliance with the applicable requirements by a person subject to the requirements laid down in Regulation (EC) No 216/2008 and its Implementing Rules and not holding a licence, certificate, rating or attestation issued in accordance with that Regulation and its Implementing Rules, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance. ARA.GEN.355 Findings and enforcement measures – persons Regulation (EU) No 290/2012 (a)     If, during oversight or by any other means, evidence is found by the competent authority responsible for oversight in accordance with [ARA.GEN.300(a)](#_DxCrossRefBm894736067) that shows a non-compliance with the applicable requirements by a person holding a licence, certificate, rating or attestation issued in accordance with Regulation (EC) No 216/2008 and its Implementing Rules, the competent authority shall raise a finding, record it and communicate it in writing to the licence, certificate, rating or attestation holder. (b)     When such finding is raised, the competent authority shall carry out an investigation. If the finding is confirmed, it shall: (1)     limit, suspend or revoke the licence, certificate, rating or attestation as applicable, when a safety issue has been identified; and (2)     take any further enforcement measures necessary to prevent the continuation of the non-compliance. (c)      Where applicable, the competent authority shall inform the person or organisation that issued the medical certificate or attestation. (d)     Without prejudice to any additional enforcement measures, when the authority of a Member State acting under the provisions of [ARA.GEN.300(d)](#_DxCrossRefBm894736067) finds evidence showing a non-compliance with the applicable requirements by a person holding a licence, certificate, rating or attestation issued by the competent authority of any other Member State, it shall inform that competent authority. (e)     If, during oversight or by any other means, evidence is found showing a non-compliance with the applicable requirements by a person subject to the requirements laid down in Regulation (EC) No 216/2008 and its Implementing Rules and not holding a licence, certificate, rating or attestation issued in accordance with that Regulation and its Implementing Rules, the competent authority that identified the non-compliance shall take any enforcement measures necessary to prevent the continuation of that non-compliance.