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Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (recast) (Text with EEA relevance) article 5 CELEX: 32024R2803 1. A national supervisory authority shall carry out the tasks assigned to it under this Regulation and under Regulation (EU) 2018/1139 and the implementing acts adopted on the basis thereof. In particular, a national supervisory authority shall: (a) assess and oversee the fulfilment of requirements regarding financial robustness, liability, insurance cover, ownership and organisational structure referred to in point 7 of Annex VIII to Regulation (EU) 2018/1139 and of the requirements set out in the implementing acts referred to in Article 43 of that Regulation; (b) verify compliance with, and the fulfilment of national security and defence requirements by the service providers referred to in Article 8(2), point (b) and Article 11(6), point (d), unless this task is assigned to another authority by the Member State; where a Member State decides to assign this task to another authority, it shall inform the Commission; (c) without prejudice to Directive 2014/25/EU and Directive 2014/24/EU, contribute when relevant and as appropriate to the correct application of procurement requirements in accordance with Article 11 of this Regulation; (d) assess and approve price setting for the provision of CIS, in accordance with Article 12; (e) implement and monitor the performance and charging schemes in accordance with and within the limits of their tasks under Articles 21 to 27 and 29 to 32 and with the implementing acts referred to in Articles 28 and 33; (f) oversee the application of this Regulation with regard to the transparency of the accounts of air navigation service providers in accordance with Article 36. For the purposes of point (a), a Member State may decide to attribute the assessment and oversight of the compliance by the air navigation service provider with the requirements set out in that point to its national competent authority and, in such a case, shall ensure that that national competent authority disposes of sufficient resources and expertise to execute those tasks and shall inform the Commission thereof; |
Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (recast) (Text with EEA relevance) article 5 CELEX: 32024R2803 2. Each national supervisory authority shall, in cooperation with the national competent authority, and without prejudice to Article 4(5), conduct the necessary monitoring activities, including, as appropriate, inspections and audits, to identify possible non-compliance by entities subject to its oversight under this Regulation with the requirements set out in this Regulation and the implementing acts adopted on the basis thereof. Without prejudice to Article 5(1), second subparagraph, of this Regulation, the national supervisory authority shall provide the national competent authority with its assessment of the compliance by the air navigation service provider with the requirements listed in point 7 of Annex VIII to Regulation (EU) 2018/1139 regarding financial robustness, liability, insurance cover, ownership and organisational structure. That assessment shall, where appropriate, include a recommendation for amending, limiting, suspending or revoking the certificate pursuant to Article 41 of Regulation (EU) 2018/1139. In the event of non-compliance by entities subject to their oversight under this Regulation with other requirements set out in this Regulation, the national supervisory authority shall enforce the necessary corrective measures. The air navigation service providers, airport operators and the CIS providers concerned shall comply with any enforcement measures taken by the national supervisory authorities in that context. |
Regulation (EU) 2024/2803 of the European Parliament and of the Council of 23 October 2024 on the implementation of the Single European Sky (recast) (Text with EEA relevance) article 5 CELEX: 32024R2803 3. Member States shall ensure that the decisions taken by national supervisory authorities pursuant to this Article are subject to the right of appeal, in accordance with national legislation. |