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Commission Implementing Regulation (EU) 2025/23 of 19 December 2024 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards requirements for the oversight of ground handling services and organisations providing them

CELEX
32025R0023
Document type
REG_IMPL
Sector
Legislation
Date of document
2024-12-19
In force since
2025-03-27
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1 Subject matter

This Regulation lays down detailed rules on the allocation of responsibilities of national competent authorities responsible for the oversight of ground handling services and organisations providing such services, rules on exchange of information, qualification of personnel and administration and management systems of those competent authorities.

Article 2 Definitions

For the purpose of this Regulation, the following definitions shall apply: (1) ‘cooperative oversight’ means a coordinated oversight process that involves more than one competent authority to oversee an organisation providing ground handling services at aerodromes that are under the jurisdiction of more than one competent authority or in more than one Member State; whereas the competent authorities determine their individual tasks, share relevant data and information for the oversight, promote cooperation to ensure a uniform oversight and efficient use of resources by, inter alia, avoiding duplications of tasks, audits and inspections; (2) ‘audit’ means a systematic, independent and documented process for obtaining evidence and evaluating it objectively to determine the extent to which requirements are complied with; whereas audits may include inspections; (3) ‘inspection’ means, in the context of compliance monitoring and oversight, an independent and documented conformity evaluation by observation and judgement accompanied, as appropriate, by measurements, testing or gauging, in order to verify compliance with applicable requirements; whereas an inspection may be part of an audit, but may also be conducted outside the normal audit plan, in particular, to verify the closure of a certain finding.

Article 3 Main obligations of the Member States

1 Each Member State shall designate one or more competent authorities within that Member State, with the necessary powers and responsibilities for the oversight and enforcement tasks regarding ground handling organisations operating at the aerodromes within the scope of Regulation (EU) 2018/1139.

2 The national competent authorities shall have the following obligations, which are detailed further in the Annex to this Regulation: (a) to receive declarations from organisations that perform ground handling services at the aerodromes that are under their jurisdiction; (b) to conduct oversight of those ground handling organisations; (c) to ensure the personnel assigned to perform ground handling oversight are appropriately trained, qualified and competent and their competence is maintained; (d) to contribute to the implementation of an effective cooperative oversight; (e) to take or initiate enforcement measures as appropriate.

3 Member States shall ensure that the competent authorities have the necessary capabilities and resources to fulfil their responsibilities under this Regulation.

4 Member States shall ensure that competent authorities exercise their powers impartially and transparently.

Article 4 Oversight

1 Where a Member State designates more than one competent authority, it shall set out the responsibilities and geographic scope of competence of each competent authority. Coordination shall be established between those authorities to ensure effective oversight of all ground handling activities and organisations performing them within their respective remits.

2 Member States shall ensure that the competent authorities’ personnel do not perform oversight activities where this could result directly or indirectly in a conflict of interest.

3 Personnel authorised by the competent authority to carry out oversight activities shall be empowered to perform the following tasks: (a) examine the records, data, procedures and any other material relevant to the execution of the oversight task; (b) take away copies of or extracts from such records, data, procedures and other material; (c) ask for an oral explanation on-site when necessary; (d) enter relevant premises, operating sites or other relevant areas and means of transport; (e) perform audits, investigations, tests, exercises, assessments, inspections; and (f) take or initiate enforcement measures as appropriate. Where necessary, Member States shall empower the personnel to carry out additional tasks for the purpose of oversight activities.

4 Where a ground handling organisation falls within the scope of Article 2(1), point (c), of Commission Delegated Regulation (EU) 2022/1645 , and the Member State concerned has designated an independent and autonomous entity to fulfil the assigned role and responsibilities of the competent authority responsible for overseeing compliance with Delegated Regulation (EU) 2022/1645, coordination measures shall be established between that entity and the national competent authority designated in accordance with this Regulation, to ensure effective oversight of all the requirements to be met by the ground handling organisation.

5 The Member States shall develop and implement enforcement measures as specified in Article 62(2), points (d) and (e), of Regulation (EU) 2018/1139.

Article 5 Agency support to facilitate cooperative oversight

The Agency shall facilitate the effective implementation of the cooperative oversight requirements by the Member States, to enable secure access and exchange of relevant information and documentation among competent authorities, necessary to exercise their tasks related to oversight and enforcement pursuant to this Regulation.

Article 6 Transitional provisions

By way of derogation from point ARGH.OVS.305(c), competent authorities shall perform at least one comprehensive oversight of all declaring organisations in their Member State by 27 March 2030 at the latest. The competent authority shall take into account the prior operational experience of an organisation when developing its oversight plan.

Article 7 Entry into force and application

1 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2 It shall apply from 27 March 2028.

3 The following points shall apply from 27 March 2031: (a) point ARGH.GEN.125(c); (b) point ARGH.GEN.136; (c) point ARGH.MGM.200(e); (d) point ARGH.MGM.205(e); (e) point ARGH.MGM.211; (f) point ARGH.OVS.300(f).

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