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 of Annex III.
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.
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