lexiara

Article 45

Inspections of Member States 1. Without prejudice to the enforcement powers conferred by the Treaty on the Commission, the Agency shall assist the Commission in monitoring the application of this Regulation and its implementing rules, by conducting standardisation inspections of Member States competent authorities as specified in Article 16(1). The officials authorised under this Regulation, and the national authorities, are thus empowered, in compliance with the legal provisions of the Member State concerned: to examine the relevant records, data, procedures and any other material relevant to the achievement of aviation safety levels in accordance with this Regulation; to take copies of or extracts from such records, data, procedures and other material; to ask for an oral explanation on the spot; to enter any relevant premises, land or means of transport. 2. The officials of the Agency authorised for the purpose of these inspections shall exercise their powers upon production of an authorisation in writing specifying the subject matter, the purpose of the inspection and the date on which it is to begin. In good time before the inspection, the Agency shall inform the Member State concerned of the inspection and of the identity of the authorised officials. 3. The Member State concerned shall submit to such inspections and shall ensure that bodies or persons concerned also submit to inspections. 4. When an inspection under the terms of this Article entails an inspection of an undertaking or an association of undertakings the provisions of Article 46 shall apply. Where an undertaking opposes such inspection, the Member State concerned shall afford the necessary assistance to officials authorised by the Agency to enable them to make their inspection. 5. Reports drawn up in application of this Article shall be made available in the official language(s) of the Member State where the inspection took place.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-05 · Text as adopted (Official Journal); later amendments are not incorporated in this text.