Prováděcí nařízení Komise (EU) 2025/23 ze dne 19. prosince 2024, kterým se stanoví prováděcí pravidla k nařízení Evropského parlamentu a Rady (EU) 2018/1139, pokud jde o požadavky na dozor nad službami pozemního odbavení a organizacemi, které je poskytují

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91OJ L 212, 22.8.2018, p. 1 , ELI: http://data.europa.eu/eli/reg/2018/1139/oj. , and in particular Article 62(14) point (d), Article 62(15) points (a), (b) and (c), and Article 72(5) thereof,

This Regulation lays down detailed rules on the allocation of responsibilities of national competent authorities responsible for the oversight of ground handling services and organisations providing such services, rules on exchange of information, qualification of personnel and administration and management systems of those competent authorities.

OJ L 212, 22.8.2018, p. 1 , ELI: http://data.europa.eu/eli/reg/2018/1139/oj.

(1) Regulation (EU) 2018/1139 establishes the essential requirements for the safe provision of ground handling services and organisations providing them at aerodromes within the scope of that Regulation, as well as provisions for oversight by national competent authorities of those organisations and the ground handling services provided at the Union aerodromes within the scope of that Regulation.

(2) To ensure a high level of civil aviation safety in the Union, and in line with the principle of subsidiarity, this Regulation should reflect the state of the art and best practices in the field of ground handling. It should also take into account the applicable International Civil Aviation Organization Standards and Recommended Practices and worldwide ground handling operation experience, as well as scientific and technical progress in the ground handling domain. Furthermore, in order to ensure an adequate amount of oversight of organisations providing ground handling services, the rules laid down in this Regulations should be proportionate, adjusted to the safety risk of ground handling activities and safety performance of the ground handling organisations and should provide for the necessary flexibility for customised compliance.

(3) The requirements laid down in this Regulation should ensure that Member States conduct a harmonised and consistent oversight of organisations providing ground handling services at Union aerodromes. Therefore, this Regulation should provide the framework for the development and implementation by competent authorities of a management system to encompass the necessary processes, training and qualification of personnel, and procedures for oversight and particularly cooperative oversight of ground handling organisations.

(4) To ensure that the oversight of declaring ground handling organisations is performed in a competent and correct manner and that the results of oversight are properly utilised to improve the safety of the overseen organisations, national competent authorities should ensure that the inspectors conducting oversight are adequately trained and qualified, and have appropriate skills and experience to assess the safety performance of the ground handling organisations under their oversight responsibilities.

(5) To enable efficient use of resources of competent authorities when performing oversight and encourage the harmonisation of ground handling operational processes and procedures by the voluntary use of industry standards, this Regulation should enable Member States to assess together the compliance of the industry standards with Annexes I and II to Commission Delegated Regulation (EU) 2025/20Commission Delegated Regulation (EU) 2025/20 of 19 December 2024 supplementing Regulation (EU) 2018/1139 of the European Parliament and of the Council by laying down requirements for the safe provision of ground handling services and for organisations providing them (OJ L, 2025/20, 7.3.2025, ELI: http://data.europa.eu/eli/reg_del/2025/20/oj). .

(6) The oversight activities covering the verification of compliance of ground handling organisations with all the applicable requirements and in accordance with the declaration submitted should be applied in a consistent manner and spanning over the period established in this Regulation. To achieve this, competent authorities should develop and implement an oversight programme to ensure the scope of the oversight is fully covered as planned.

(7) To ensure the implementation of a risk-based oversight, the oversight programme should be partly based on safety data collected from ground handling organisations, which would support competent authorities in having a complete picture of the level of safety for each ground handling organisation subject to oversight. The safety reports should ensure reliable and sufficient information to enable accurate safety analysis.

(8) To ensure that the reporting obligations of ground handling organisations contribute to the improvement of safety in ground handling operations, this Regulation should establish a framework for competent authorities to provide direct and consistent feedback on the reported ground handling events directly to the ground handling organisations and this should be enabled, among others, through the oversight process.

(9) Regulatory measures should prioritise cooperation between national competent authorities in overseeing organisations providing ground handling services at aerodromes located in more than one Member State, to improve resource utilisation and avoid duplication of work and oversight. The national competent authorities involved in the oversight of organisations providing ground handling services at aerodromes located in more than one Member State should share the information necessary for an efficient and harmonised oversight. Good coordination of the entire process and sharing of oversight tasks between the Member States concerned are crucial in ensuring an efficient cooperative oversight. In this sense, national competent authorities involved in the cooperative oversight process should rely on clear rules defining their tasks and have the right tools so that they can share among themselves the results of the oversight activities performed at the aerodromes under their oversight and at the ground handling organisation’s principal place of business, from where it exercises control and applies the management system across all its stations.

(10) The measures provided for in this Regulation are based on Opinion No 01/2024https://www.easa.europa.eu/en/document-library/opinions/opinion-no-012024. issued by the European Union Aviation Safety Agency (the Agency) in accordance with Article 75(2), points (b) and (c), and Article 76(1) of Regulation (EU) 2018/1139.

(11) It is necessary to provide sufficient time for the competent authorities to implement the new regulatory framework after the entry into force of this Regulation. Therefore, the application of this Regulation should be deferred to 27 March 2028 .

(12) The requirements laid down in this Regulation are in accordance with the opinion of the Committee for the application of common safety rules in the field of civil aviation established by Article 127 of Regulation (EU) 2018/1139,

For the purpose of this Regulation, the following definitions shall apply:

Commission Delegated Regulation (EU) 2025/20 of 19 December 2024 supplementing Regulation (EU) 2018/1139 of the European Parliament and of the Council by laying down requirements for the safe provision of ground handling services and for organisations providing them (OJ L, 2025/20, 7.3.2025, ELI: http://data.europa.eu/eli/reg_del/2025/20/oj).

Article 1 Article 1 Subject matter

Article 2 Article 2 Definitions

Article 3 Article 3 Main obligations of the Member States 1.Each Member State shall designate one or more competent authorities within that Member State, with the necessary powers and responsibilities for the oversight and enforcement tasks regarding ground handling organisations operating at the aerodromes within the scope of Regulation (EU) 2018/1139. 2.The national competent authorities shall have the following obligations, which are detailed further in the Annex to this Regulation: (a) to receive declarations from organisations that perform ground handling services at the aerodromes that are under their jurisdiction;(b) to conduct oversight of those ground handling organisations;(c) to ensure the personnel assigned to perform ground handling oversight are appropriately trained, qualified and competent and their competence is maintained;(d) to contribute to the implementation of an effective cooperative oversight;(e) to take or initiate enforcement measures as appropriate. 3.Member States shall ensure that the competent authorities have the necessary capabilities and resources to fulfil their responsibilities under this Regulation. 4.Member States shall ensure that competent authorities exercise their powers impartially and transparently.

Article 4 Article 4 Oversight 1.Where a Member State designates more than one competent authority, it shall set out the responsibilities and geographic scope of competence of each competent authority. Coordination shall be established between those authorities to ensure effective oversight of all ground handling activities and organisations performing them within their respective remits. 2.Member States shall ensure that the competent authorities’ personnel do not perform oversight activities where this could result directly or indirectly in a conflict of interest. 3.Personnel authorised by the competent authority to carry out oversight activities shall be empowered to perform the following tasks: (a) examine the records, data, procedures and any other material relevant to the execution of the oversight task;(b) take away copies of or extracts from such records, data, procedures and other material;(c) ask for an oral explanation on-site when necessary;(d) enter relevant premises, operating sites or other relevant areas and means of transport;(e) perform audits, investigations, tests, exercises, assessments, inspections; and(f) take or initiate enforcement measures as appropriate. Where necessary, Member States shall empower the personnel to carry out additional tasks for the purpose of oversight activities. 4.Where a ground handling organisation falls within the scope of Article 2(1), point (c), of Commission Delegated Regulation (EU) 2022/1645Commission Delegated Regulation (EU) 2022/1645 of 14 July 2022 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards requirements for the management of information security risks with a potential impact on aviation safety for organisations covered by Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 and amending Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 (OJ L 248, 26.9.2022, p. 18 , ELI: http://data.europa.eu/eli/reg_del/2022/1645/oj). , and the Member State concerned has designated an independent and autonomous entity to fulfil the assigned role and responsibilities of the competent authority responsible for overseeing compliance with Delegated Regulation (EU) 2022/1645, coordination measures shall be established between that entity and the national competent authority designated in accordance with this Regulation, to ensure effective oversight of all the requirements to be met by the ground handling organisation. 5.The Member States shall develop and implement enforcement measures as specified in Article 62(2), points (d) and (e), of Regulation (EU) 2018/1139.

Article 5 Article 5 Agency support to facilitate cooperative oversight

Article 6 Article 6 Transitional provisions

Article 7 Article 7 Entry into force and application 1.This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . 2.It shall apply from 27 March 2028 . 3.The following points shall apply from 27 March 2031 : (a) point ARGH.GEN.125(c);(b) point ARGH.GEN.136;(c) point ARGH.MGM.200(e);(d) point ARGH.MGM.205(e);(e) point ARGH.MGM.211;(f) point ARGH.OVS.300(f).

(1) cooperative oversight means a coordinated oversight process that involves more than one competent authority to oversee an organisation providing ground handling services at aerodromes that are under the jurisdiction of more than one competent authority or in more than one Member State; whereas the competent authorities determine their individual tasks, share relevant data and information for the oversight, promote cooperation to ensure a uniform oversight and efficient use of resources by, inter alia, avoiding duplications of tasks, audits and inspections;

(2) audit means a systematic, independent and documented process for obtaining evidence and evaluating it objectively to determine the extent to which requirements are complied with; whereas audits may include inspections;

(3) inspection means, in the context of compliance monitoring and oversight, an independent and documented conformity evaluation by observation and judgement accompanied, as appropriate, by measurements, testing or gauging, in order to verify compliance with applicable requirements; whereas an inspection may be part of an audit, but may also be conducted outside the normal audit plan, in particular, to verify the closure of a certain finding.

Each Member State shall designate one or more competent authorities within that Member State, with the necessary powers and responsibilities for the oversight and enforcement tasks regarding ground handling organisations operating at the aerodromes within the scope of Regulation (EU) 2018/1139.

The national competent authorities shall have the following obligations, which are detailed further in the Annex to this Regulation:

(a) to receive declarations from organisations that perform ground handling services at the aerodromes that are under their jurisdiction;

(b) to conduct oversight of those ground handling organisations;

(c) to ensure the personnel assigned to perform ground handling oversight are appropriately trained, qualified and competent and their competence is maintained;

(d) to contribute to the implementation of an effective cooperative oversight;

(e) to take or initiate enforcement measures as appropriate.

Member States shall ensure that the competent authorities have the necessary capabilities and resources to fulfil their responsibilities under this Regulation.

Member States shall ensure that competent authorities exercise their powers impartially and transparently.

https://www.easa.europa.eu/en/document-library/opinions/opinion-no-012024.

Where a Member State designates more than one competent authority, it shall set out the responsibilities and geographic scope of competence of each competent authority.

Coordination shall be established between those authorities to ensure effective oversight of all ground handling activities and organisations performing them within their respective remits.

Member States shall ensure that the competent authorities’ personnel do not perform oversight activities where this could result directly or indirectly in a conflict of interest.

Personnel authorised by the competent authority to carry out oversight activities shall be empowered to perform the following tasks:

(a) examine the records, data, procedures and any other material relevant to the execution of the oversight task;

(b) take away copies of or extracts from such records, data, procedures and other material;

(c) ask for an oral explanation on-site when necessary;

(d) enter relevant premises, operating sites or other relevant areas and means of transport;

(e) perform audits, investigations, tests, exercises, assessments, inspections; and

(f) take or initiate enforcement measures as appropriate.

Where necessary, Member States shall empower the personnel to carry out additional tasks for the purpose of oversight activities.

Where a ground handling organisation falls within the scope of Article 2(1), point (c), of Commission Delegated Regulation (EU) 2022/1645Commission Delegated Regulation (EU) 2022/1645 of 14 July 2022 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards requirements for the management of information security risks with a potential impact on aviation safety for organisations covered by Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 and amending Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 (OJ L 248, 26.9.2022, p. 18 , ELI: http://data.europa.eu/eli/reg_del/2022/1645/oj). , and the Member State concerned has designated an independent and autonomous entity to fulfil the assigned role and responsibilities of the competent authority responsible for overseeing compliance with Delegated Regulation (EU) 2022/1645, coordination measures shall be established between that entity and the national competent authority designated in accordance with this Regulation, to ensure effective oversight of all the requirements to be met by the ground handling organisation.

The Member States shall develop and implement enforcement measures as specified in Article 62(2), points (d) and (e), of Regulation (EU) 2018/1139.

Commission Delegated Regulation (EU) 2022/1645 of 14 July 2022 laying down rules for the application of Regulation (EU) 2018/1139 of the European Parliament and of the Council, as regards requirements for the management of information security risks with a potential impact on aviation safety for organisations covered by Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 and amending Commission Regulations (EU) No 748/2012 and (EU) No 139/2014 (OJ L 248, 26.9.2022, p. 18 , ELI: http://data.europa.eu/eli/reg_del/2022/1645/oj).

The Agency shall facilitate the effective implementation of the cooperative oversight requirements by the Member States, to enable secure access and exchange of relevant information and documentation among competent authorities, necessary to exercise their tasks related to oversight and enforcement pursuant to this Regulation.

By way of derogation from point ARGH.OVS.305(c), competent authorities shall perform at least one comprehensive oversight of all declaring organisations in their Member State by 27 March 2030 at the latest.

The competent authority shall take into account the prior operational experience of an organisation when developing its oversight plan.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

It shall apply from 27 March 2028 .

The following points shall apply from 27 March 2031 :

(a) point ARGH.GEN.125(c);

(b) point ARGH.GEN.136;

(c) point ARGH.MGM.200(e);

(d) point ARGH.MGM.205(e);

(e) point ARGH.MGM.211;

(f) point ARGH.OVS.300(f).

HAS ADOPTED THIS REGULATION: