Article 65 - Reallocation of responsibility upon request of organisations operating in more than one Member State

• Regulation (EU) 2018/1139 found in: Basic Regulation EU 2018/1139 (Jan 2023)

#### Article 65 –Reallocation of responsibility upon request of organisations operating in more than one Member State Regulation (EU) 2018/1139 1. An organisation may request that the Agency acts as the competent authority responsible for the tasks related to certification, oversight and enforcement with respect to that organisation, by way of derogation from [Article 62(4)](#_DxCrossRefBm1884563609), where that organisation holds a certificate or is eligible to apply for a certificate in accordance with Chapter III to the national competent authority from one Member State, but it has or it intends to have a substantial proportion of facilities and personnel covered by that certificate located in one or more other Member States. Such a request may also be made by two or more organisations forming part of a single business grouping, each of which has a principal place of business in a different Member State and each of which holds a certificate or is eligible to apply for a certificate in accordance with Chapter III for the same type of aviation activity. 2. The request referred to in paragraph 1 shall be sent by the organisations concerned to the Agency and the national competent authorities of the Member States in which they have their principal places of business. Upon receipt of that request, the Agency and the national competent authorities concerned shall, without undue delay, consult each other and, if needed, seek supplementary views from the organisations that made the request. In those consultations consideration shall be given by the Agency and by the national competent authorities to making use of inspectors and of other personnel available to the national competent authorities concerned in the case of an agreement on reallocation. If, following those consultations, the Agency or a national competent authority concerned considers that the request would have an adverse effect on its own ability to effectively conduct certification, oversight and enforcement tasks under this Regulation and under the delegated and implementing acts adopted on the basis thereof, or would otherwise adversely impact the effective functioning of the authority it shall, within a maximum period of 180 days from the date of receipt of that request, inform the organisations concerned that it considers that the request would have such adverse effect, providing its justification. That letter of information shall also be communicated to the other party. In that case, the request shall be considered to have been dismissed. 3. Unless the request has been dismissed in accordance with paragraph 2, the Agency and the national competent authorities concerned shall conclude detailed arrangements concerning the reallocation of responsibility for the tasks concerned. The organisations that requested the Agency to act as their competent authority shall be consulted on those detailed arrangements before they are finalised. Those detailed arrangements shall, at least, identify clearly the tasks which are being reallocated, and shall include the legal, practical and administrative arrangements necessary for ensuring an orderly transfer, and the effective and uninterrupted continuation of the performance of the tasks concerned, in compliance with this Regulation and with the delegated and implementing acts adopted on the basis thereof, as well as a seamless continuation of the activities undertaken by the organisations concerned. The detailed arrangements shall also include provisions on the transfer of relevant technical records and documentation. The Agency and the Member State or Member States concerned, as applicable, shall ensure that the reallocation of the responsibility for the tasks is carried out in accordance with those detailed arrangements. When implementing those arrangements, the Agency shall use to the extent possible the inspectors and other personnel available in the Member States. 4. Upon the conclusion of the detailed arrangements pursuant to paragraph 3, the Agency shall become the competent authority responsible for the tasks covered by the request and the Member State or Member States concerned shall be relieved of the responsibility for those tasks. In relation to the exercise of the responsibility for the reallocated tasks by the Agency, Chapters IV and V shall apply. 5. [Article 64](#_DxCrossRefBm1884563614)(3), (6) and (7) shall apply *mutatis mutandis* to any reallocation of responsibility for the tasks pursuant to this Article. 6. Organisations in respect of which the Agency acts as a competent authority pursuant to this Article may request that the Member States where those organisations have their principal places of business resume responsibility for the tasks related to certification, oversight and enforcement with respect to those organisations. In that case, Articles 64(4) to (7) shall apply *mutatis mutandis*.