FAQ n.142356

If the Member State decides to designate another entity to fulfil the assigned role and responsibilities of the competent authority according to Article 6(2) of Implementing Regulation (EU) 2023/203, which authority will Annex I (Part-IS.AR) to that Regulation apply to? To the designated entity or to the competent authority identified in Article 6(1)?

Answer

The applicability of Part-IS.AR (authority requirements) is specified in the implementing rules for each specific domain under the relevant authority requirements (e.g. for authorities designated in accordance with Annex II (Part-145) to Commission Regulation (EU) No 1321/2014, see point 145.B.200). This applicability has been introduced by means of an amendment to the already existing authority requirements for the establishment of a management system. Therefore, these requirements apply regardless of how roles and responsibilities are allocated to an independent and autonomous entity designated by the Member State under Article 6(2) of Part-IS.AR.

At the same time, there are no provisions for the implementation of an ISMS derived from Part-IS that apply to the independent and autonomous entity designated by the State in accordance with Art. 6.2 of Part-IS.

Last updated
22/08/2025

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