BAKGRUNN (fra kommisjonsforordningen)

(1) Article 69 of Regulation (EU) 2018/1139 allows the European Union Aviation Safety Agency (‘the Agency’) and the national competent authorities to allocate their tasks related to certification and oversight to qualified entities that have been accredited in accordance with the delegated acts referred to in point (f) of Article 62(13) or the implementing acts referred to in point (e) of the first subparagraph of Article 62(14) as being compliant with the criteria set out in Annex VI to that Regulation. 

(2) The Agency should only allocate certification and oversight tasks to qualified entities that are able to execute such tasks. Therefore, the Agency should establish and maintain a comprehensive accreditation system in order to ensure the compliance of qualified entities with the requirements of Annex VI to Regulation (EU) 2018/1139. 

(3) This Regulation should provide for a procedure by which the Agency may accredit qualified entities to ensure that they are able to perform their tasks in a continuous manner. In order to ensure effective cooperation between the Agency and the national competent authorities, the Agency should be entitled to require from the national competent authority the relevant accreditation reports of the qualified entities. 

(4) When conducting certification and oversight tasks on behalf of the Agency, the accredited qualified entities are exercising public authority tasks. These tasks are not services offered by an economic operator under a public contract and therefore they do not fall under Regulation (EU) No 2018/1046. Therefore, to ensure transparent, fair and non-discriminatory allocation of tasks to qualified entities the Agency should establish allocation criteria as the basis upon which written agreements with such entities shall be concluded. 

(5) In order to avoid a possible disruption in the performance of allocated tasks, this Regulation should also specify the conditions under which an accredited qualified entity may continue to perform its task when a change in its organisation, procedures and personnel likely to affect its accreditation status occurs. 

(6) The Agency should ensure the continued oversight of accredited qualified entities in order to ensure their continuous compliance with Annex VI to Regulation (EU) 2018/1139.