ORA.GEN.105
Competent authority
Regulation (EU) No 1178/2011
(a) For the purpose of this Part, the competent authority exercising oversight over:
(1) organisations subject to a certification obligation shall be:
(i) for organisations having their principal place of business in a Member State, the authority designated by that Member State;
(ii) for organisations having their principal place of business located in a third country, the Agency;
(2) FSTDs shall be:
(i) the Agency, for FSTDs:
— located outside the territory of the Member States, or,
— located within the territory of the Member States and operated by organisations having their principal place of business located in a third country,
(ii) for FSTDs located within the territory of the Member States and operated by organisations having their principal place of business in a Member State, the authority designated by the Member State where the organisation operating it has its principle place of business, or the Agency, ifso requested by the Member State concerned.
(b) When the FSTD located outside the territory of the Member States is operated by an organisation certified by a Member State, the Agency shall qualify this FSTD in coordination with the Member State that has certified the organisation that operates such FSTD.
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