Article 3 Oversight

1.Member States shall designate one or more entities as the Competent Authority(ies) within that Member State with the necessary powers and responsibilities for the certification and oversight of aerodromes and aerodrome operators, receiving declarations and oversight of providers of apron management service, as well as personnel involved therein.

2.The Competent Authority shall be independent from aerodrome operators and providers of apron management services. This independence shall be achieved through separation, at functional level at least, between the Competent Authority and these aerodrome operators and providers of apron management services. Member States shall ensure that Competent Authorities exercise their powers impartially and transparently.

3.If a Member State designates more than one entity as Competent Authority the following conditions shall be fulfilled:

(a)each Competent Authority shall be responsible for specifically defined tasks and a determined geographic area; and

(b)coordination shall be established between these Authorities in order to ensure effective oversight of all aerodromes and aerodrome operators, as well as providers of apron management services.

4.Member States shall ensure that Competent Authority(ies) has(ve) the necessary capabilities and resources to fulfil their requirements under this Regulation.

5.Member States shall ensure that Competent Authorities’ personnel do not perform oversight activities when there is evidence that this could result directly or indirectly in a conflict of interest, in particular when relating to family or financial interest.

6.Personnel authorised by the Competent Authority to carry out certification and/or oversight tasks shall be empowered to perform at least the following tasks:

(a)examine the records, data, procedures and any other material relevant to the execution of the certification and/or 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;

(d)enter aerodromes, relevant premises, operating sites or other relevant areas and means of transport;

(e)perform audits, investigations, tests, exercises, assessments, inspections;

(f)take or initiate enforcement measures as appropriate.

7.The tasks in paragraph 6 shall be carried out in compliance with the national legislation of the Member States.