ARGH.OVS.325 Findings, observations, corrective actions and enforcement measures

(a)The competent authority shall have a system to analyse findings to determine their safety significance and to manage them with the purpose of:

(1)ensuring that compliance with Delegated Regulation (EU) 2025/20 is established as soon as possible;

(2)preventing their reoccurrence.

(b)The competent authority shall issue a level 1 finding where it detects any significant non-compliance with Delegated Regulation (EU) 2025/20 or of the declaration submitted, which lowers flight or ground safety or seriously jeopardises it. The level 1 findings shall include, in particular, the following:

(1)any failure to grant access of the competent authority to the facilities of the ground handling organisation pursuant to point ORGH.GEN.140 of Annex I to Delegated Regulation (EU) 2025/20 during normal operating hours and after two written requests;

(2)any evidence of malpractice or fraudulent use of the declaration;

(3)the lack of an accountable manager.

(c)The competent authority shall issue a level 2 finding where it detects any non-compliance with Delegated Regulation (EU) 2025/20 or of the declaration submitted, which is not classified as a level 1 finding and which could lower flight or ground safety or possibly jeopardise it.

(d)Where the competent authority, during investigation or oversight or by any other means, finds evidence that the ground handling organisation does not comply with Delegated Regulation (EU) 2025/20 or the declaration submitted in accordance with point ORGH.DEC.100 of that Regulation, the competent authority shall:

(1)raise a finding, record it, communicate it in writing to the representative of the ground handling organisation, and determine a reasonable period of time within which the organisation shall take the measures specified in point ORGH.GEN.150 of Annex I to Delegated Regulation (EU) 2025/20;

(2)in case of level 1 findings, if the ground handling organisation fails to submit an acceptable corrective action in accordance with point ORGH.GEN.150 of Annex I to Delegated Regulation (EU) 2025/20, take immediate and appropriate action to limit or prohibit the ground handling activities affected by the non-compliance until it has taken the corrective action referred to in point (1); the competent authorities involved in the oversight of the organisation shall assess whether failure to close a level 1 finding by one competent authority affects operation at the aerodromes under their oversight and shall take the appropriate action based on that assessment;

(3)in case of level 2 findings:

(i)request that the organisation provides a corrective-action plan including an implementation period appropriate to the nature of the finding which, in any case, shall initially be no longer than 3 months; at the end of the period and subject to the nature of the finding, the competent authority may extend the initial period subject to a satisfactory revision by the organisation of the initial corrective-action plan with which it had agreed;

(ii)assess the corrective-action plan proposed by the organisation and, if the assessment concludes that it is sufficient to address the non-compliance(s), accept it. If the ground handling organisation fails to submit an acceptable corrective-action plan or to perform the corrective-action plan within the time period accepted or extended by the competent authority, the competent authority may escalate the level 2 finding to a level 1 finding, and take action as laid down in point (2);

(4)in applying the actions listed in points (2) and (3), coordinate with the other competent authorities concerned, as necessary, to ensure that the continuity of operation and provision of ground handling services at that aerodrome are not impeded;

(5)take any further enforcement measures necessary to ensure the closing of the non-compliance and, where relevant, remedy its consequences;

(6)record all findings it has raised and, where applicable, the enforcement measures it has applied as specified in Article 62(2) points (d) and (e), of Regulation (EU) 2018/1139, as well as all corrective actions and date of action closure of findings.

(e)The competent authority shall inform the aerodrome operator concerned of the findings relating to the ground handling organisation if those are relevant for the safety of that aerodrome.

(f)For cases not requiring level 1 or level 2 findings, the competent authority may issue observations.