Article 3 Oversight capabilities

1.Member States shall designate one or more entities as the competent authority within that Member State with the necessary powers and allocated responsibilities for the certification and oversight of persons and organisations subject to Regulation (EC) No 216/2008 and its implementing rules. The administration and management systems of the competent authorities of the Member States and of the Agency shall comply with the requirements specified in Annex II.

2.If a Member State designates more than one entity as competent authority:

(a)the areas of competence of each competent authority shall be clearly defined in terms of responsibilities and geographic limitation; and

(b)coordination shall be established between those entities to ensure effective oversight of all organisations and persons subject to Regulation (EC) No 216/2008 and its implementing rules within their respective remits.

3.Member States shall ensure that the competent authority(ies) has(ve) the necessary capability to ensure the oversight of all persons and organisations covered by their oversight programme, including sufficient resources to fulfil the requirements of this Regulation.

4.Member States shall ensure that competent authority 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.

5.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 copies of or extracts from such records, data, procedures and other material;

(c)ask for an oral explanation on site;

(d)enter relevant premises, operating sites or means of transport;

(e)perform audits, investigations, assessments, inspections, including ramp inspections and unannounced inspections;

(f)take or initiate enforcement measures as appropriate.

6.The tasks under paragraph 5 shall be carried out in compliance with the legal provisions of the relevant Member State.