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.