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Article 5 Competent authority

Delegated Regulation (EU) 2022/1645 · Regulations (EU) 2023/203 and 2022/1645 · EAR revision 5 Dec 2025

IRImplementing rule

Article 5Competent authority

1.The authority responsible for certifying and overseeing compliance with this Regulation shall be:

(a)with regard to organisations referred to in Article 2, point (a), the competent authority designated in accordance with Annex I (Part 21) to Regulation (EU) No 748/2012;

(b)with regard to organisations referred to in Article 2, point (b), the competent authority designated in accordance with Annex III (Part-ADR.OR) to Regulation (EU) No 139/2014.

(c)with regard to organisations referred to in Article 2 point (c), the competent authority designated in accordance with the Annex (Part-ARGH) to Commission Implementing Regulation (EU) 2025/23. [point (c) applicable from 27 March 2031 — Regulation (EU) 2025/22]

2.Member States, may for the purposes of this Regulation, designate an independent and autonomous entity to fulfil the assigned role and responsibilities of the competent authorities referred to in paragraph 1. In that case, coordination measures shall be established between that entity and the competent authorities, as referred to in paragraph 1, to ensure effective oversight of all the requirements to be met by the organisation.

IR · Article 5 — Regulations (EU) 2023/203 and 2022/1645 · Regulation (EU) 2025/22 · Part-IS Easy Access Rules · EAR revision 5 Dec 2025

GMGuidance material

GM1 Article 5(2)Competent authority

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The applicability of Annex I (Part-IS.AR) to Implementing Regulation (EU) 2023/203 to competent authorities is specified in its Article 4(2) and called for under the authority requirements for a management system in the implementing or delegated act for each domain. Therefore, the Part-IS.AR requirements apply to the competent authority under Article 5(1) irrespective of the allocation of roles and responsibilities to an independent and autonomous entity designated by the State under Article 5(2). At the same time, this independent and autonomous entity designated by the State is not subject to the Part-IS.AR requirements; this entity has only to fulfil the responsibilities for certifying and overseeing organisations’ compliance with Implementing Regulation (EU) 2023/203. This entity typically holds the role of a national information security body within the Member State and is normally subject to similar requirements to those existing in Part-IS.AR.

GM · GM1 Article 5(2) — Regulations (EU) 2023/203 and 2022/1645 · ED Decision 2025/013/R · Part-IS Easy Access Rules · EAR revision 5 Dec 2025

All rules in Cover Regulation to Delegated Regulation (EU) 2022/1645

Consolidated from the EASA Easy Access Rules (revision 5 Dec 2025, extracted 17 Aug 2026) for convenience. Not the official publication — verify against the Official Journal of the European Union and the EASA publications before operational use.

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