ARA.GEN.205 Allocation of tasks to qualified entities

[applicable until 21 February 2026 — Regulation (EU) No 290/2012] ARA.GEN.205 Allocation of tasks [applicable from 22 February 2026 — Implementing Regulation (EU) 2023/203]

(a)Tasks related to the initial certification or continuing oversight of persons or organisations subject to Regulation (EC) No 216/2008 and its Implementing Rules shall be allocated by Member States only to qualified entities. When allocating tasks, the competent authority shall ensure that it has:

(1)a system in place to initially and continuously assess that the qualified entity complies with Annex V to Regulation (EC) No 216/2008. This system and the results of the assessments shall be documented;

(2)established a documented agreement with a the qualified entity, approved by both parties at the appropriate management level, which clearly defines:

(i)the tasks to be performed;)

(ii)the declarations, reports and records to be provided;

(iii)the technical conditions to be met in performing such tasks;

(iv)the related liability coverage; and

(v)the protection given to information acquired in carrying out such tasks.

(b)The competent authority shall ensure that the internal audit process and a safety risk management process required by ARA.GEN.200(a)(4) cover all certification or continuing oversight tasks performed on its behalf.

(c)With regard to the certification and oversight of the organisation’s compliance with point ORA.GEN.200A, the competent authority may allocate tasks to qualified entities in accordance with point (a), or to any relevant authority responsible for information security or cybersecurity within the Member State. When allocating tasks, the competent authority shall ensure that:

(1)all aspects related to aviation safety are coordinated and taken into account by the qualified entity or relevant authority;

(2)the results of the certification and oversight activities performed by the qualified entity or relevant authority are integrated in the overall certification and oversight files of the organisation;

(3)its own information security management system established in accordance with point ARA.GEN.200(e) covers all the certification and continuing oversight tasks performed on its behalf. [applicable from 22 February 2026 — Implementing Regulation (EU) 2023/203]