Article 5 Powers of the competent authority referred to in Article 4

• Regulation (EU) 2017/373 found in: ATM/ANS Provision of Services (2017/373) (Mar 2025)

Article 5 Powers of the competent authority referred to in Article 4 Regulation (EU) 2017/373 1. The competent authorities shall, where required for the exercise of their certification, oversight and enforcement tasks under this Regulation, be empowered to: (a) require the service providers subject to their oversight to provide all necessary information; (b) require any representative, manager or other member of the personnel of those service providers to provide oral explanations on any fact, document, object, procedure or other subject matter relevant to the oversight of the service provider; (c) enter any premises and land, including operating sites, and means of transport of those service providers; (d) examine, copy or make extracts from any document, record or data held by or accessible to those service providers, irrespective of the medium on which the information in question is stored; (e) carry out audits, assessments, investigations and inspections of those service providers. 2. The competent authorities shall, where required for the exercise of their certification, oversight and enforcement tasks under this Regulation, also be empowered to exercise the powers set out in paragraph 1 in relation to the contracted organisations subject to the service providers' oversight, as referred to in point [ATM/ANS.OR.B.015](#_DxCrossRefBm647741969) of [Annex III](#_DxCrossRefBm647741968). 3. The powers provided for in paragraphs 1 and 2 shall be exercised in compliance with the national law of the Member State where the activities in question take place, with due regard for the need to ensure the effective exercise of those powers and for the rights and legitimate interests of the service provider and any third persons concerned, and in compliance with the principle of proportionality. Where, in accordance with the applicable national law, prior authorisation from the judicial authority of the Member State concerned is needed to enter premises, land and means of transport as referred to in point (c) of paragraph 1, the related powers shall be exercised only after having obtained such prior authorisation. When exercising the powers provided for in paragraphs 1 and 2, the competent authority shall ensure that the members of its staff and, where relevant, any other expert participating in the activities in question are duly authorised. 4. The competent authorities shall take or initiate any appropriate enforcement measure necessary to ensure that the service providers to which they issued a certificate or, where relevant, which made a declaration to them, comply and continue to comply with the requirements of this Regulation. Article 5 Powers of the competent authority referred to in Article 4 Regulation (EU) 2017/373 1.         The competent authorities shall, where required for the exercise of their certification, oversight and enforcement tasks under this Regulation, be empowered to: (a)       require the service providers subject to their oversight to provide all necessary information; (b)       require any representative, manager or other member of the personnel of those service providers to provide oral explanations on any fact, document, object, procedure or other subject matter relevant to the oversight of the service provider; (c)       enter any premises and land, including operating sites, and means of transport of those service providers; (d)       examine, copy or make extracts from any document, record or data held by or accessible to those service providers, irrespective of the medium on which the information in question is stored; (e)       carry out audits, assessments, investigations and inspections of those service providers. 2.         The competent authorities shall, where required for the exercise of their certification, oversight and enforcement tasks under this Regulation, also be empowered to exercise the powers set out in paragraph 1 in relation to the contracted organisations subject to the service providers' oversight, as referred to in point [ATM/ANS.OR.B.015](#_DxCrossRefBm1726554820) of [Annex III](#_DxCrossRefBm1726554819). 3.         The powers provided for in paragraphs 1 and 2 shall be exercised in compliance with the national law of the Member State where the activities in question take place, with due regard for the need to ensure the effective exercise of those powers and for the rights and legitimate interests of the service provider and any third persons concerned, and in compliance with the principle of proportionality. Where, in accordance with the applicable national law, prior authorisation from the judicial authority of the Member State concerned is needed to enter premises, land and means of transport as referred to in point (c) of paragraph 1, the related powers shall be exercised only after having obtained such prior authorisation. When exercising the powers provided for in paragraphs 1 and 2, the competent authority shall ensure that the members of its staff and, where relevant, any other expert participating in the activities in question are duly authorised. 4.         The competent authorities shall take or initiate any appropriate enforcement measure necessary to ensure that the service providers to which they issued a certificate or, where relevant, which made a declaration to them, comply and continue to comply with the requirements of this Regulation.