Sofema Aviation Services considers the purpose of Basic Regulation EU 2018/1139 Articles 64 & 65
Article 64 – Reallocation of Responsibility upon request of Member States
A Member State may request the Agency to carry out the tasks related to certification, oversight, and enforcement referred to in Article 62 – The Commission, the Agency and the Member States shall cooperate within a single European aviation safety system to ensure compliance with this Regulation and with the delegated and implementing acts adopted on the basis thereof.
- With respect to any or all natural and legal persons, aircraft, safety-related aerodrome equipment, ATM/ANS systems & ATM/ANS constituents, flight simulation training devices, and aerodromes.
- The Commission, the Agency, and the Member States shall cooperate within a single European aviation safety system to ensure compliance with this Regulation and with the delegated and implementing acts adopted on the basis thereof.
- Once the Agency accepts such a request, it shall become the competent authority responsible for the tasks covered by that request.
A Member State may request another Member State to carry out the tasks related to certification, oversight, and enforcement.
- Once the Member State accepts such a request, it shall become responsible for the tasks.
When a Member State wishes to apply to transfer, it shall conclude with the Agency or with the other Member State, as applicable, detailed arrangements concerning the reallocation of responsibility for the tasks in question.
- The detailed arrangements shall also include provisions for the transfer of relevant technical records and documentation.
- The Agency shall take account of the reallocation of the responsibility for the tasks when conducting inspections and other monitoring activities in accordance with Article 85.
Note – When a Member State reallocates, in accordance with this Article, the responsibility for the tasks which are attributed to it by the Chicago Convention, it shall notify ICAO about the fact that the Agency or another Member State carries out on its behalf the functions and duties ascribed to it under the Chicago Convention.
Article 65 – Reallocation of Responsibility upon request of Organisations Operating in more than one Member State
An organisation may request that the Agency acts as the competent authority responsible for the tasks related to certification, oversight, and enforcement with respect to that organisation, by way of derogation from Article 62(4), where that organisation holds a certificate or is eligible to apply for a certificate in accordance with Chapter III to the national competent authority from one Member State, but it has or it intends to have a substantial proportion of facilities and personnel covered by that certificate located in one or more other Member States.
- Such a request may also be made by two or more organisations forming part of a single business grouping,
o each principal place of business in a different Member State and each of which holds a certificate or is eligible to apply (same type of aviation activity.)
o Potential for rejection – 180 Days (adverse effect, providing its justification).
Organisations in respect of which the Agency acts as a competent authority pursuant to this Article may request that the Member States where those organisations have their principal places of business resume responsibility for the tasks related to certification, oversight and enforcement with respect to those organisations.
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