(5)

the following Articles 11a, 11b and 11c are inserted: ‘Article 11a Cabin crew qualifications and related attestations 1. Cabin crew members involved in commercial operation of aircraft referred to in Article 4(1)(b) and (c) of Regulation (EC) No 216/2008 shall be qualified and hold the related attestation in accordance with the technical requirements and administrative procedures laid down in Annexes V and VI. 2. Cabin crew members holding, before this Regulation applies, an attestation of safety training issued in accordance with Regulation (EEC) No 3922/91 (“EU-OPS”): (a) shall be deemed to be compliant with this Regulation if they comply with the applicable training, checking and recency requirements of EU-OPS; or (b) if they do not comply with the applicable training, checking and recency requirements of EU-OPS, they shall complete all required training and checking before being deemed to be compliant with this Regulation; or (c) if they have not operated in commercial operations by aeroplanes for more than 5 years, they shall complete the initial training course and shall pass the related examination as required in Annex V before being deemed to be compliant with this Regulation. 3. The attestations of safety training issued in accordance with EU-OPS shall be replaced with cabin crew attestations complying with the format laid down in Annex VI by 8 April 2017 at the latest. 4. Cabin crew members involved in commercial operations of helicopters on the date of application of this Regulation: (a) shall be deemed to be compliant with the initial training requirements of Annex V if they comply with the applicable training, checking and recency provisions of the JARs for commercial air transportation by helicopters; or (b) if they do not comply with the applicable training, checking and recency requirements of the JARs for commercial air transportation by helicopters, they shall complete all relevant training and checking required to operate on helicopter(s), except the initial training, before being deemed to be compliant with this Regulation; or (c) if they have not operated in commercial operations by helicopters for more than 5 years, they shall complete the initial training course and shall pass the related examination as required in Annex V before being deemed to be compliant with this Regulation. 5. Without prejudice to Article 2, cabin crew attestations complying with the format laid down in Annex VI shall be issued to all cabin crew members involved in commercial operations by helicopters by 8 April 2013 at the latest. Article 11b Oversight capabilities 1. Member States shall designate one or more entities as the competent authority within that Member State with the necessary powers and allocated responsibilities for the certification and oversight of persons and organisations subject to Regulation (EC) No 216/2008 and its implementing rules. 2. If a Member State designates more than one entity as competent authority: (a) the areas of competence of each competent authority shall be clearly defined in terms of responsibilities and geographic limitation; (b) coordination shall be established between those entities to ensure effective oversight of all organisations and persons subject to Regulation (EC) No 216/2008 and its implementing rules within their respective remits. 3. Member States shall ensure that the competent authority(ies) has/have the necessary capability to ensure the oversight of all persons and organisations covered by their oversight programme, including sufficient resources to fulfil the requirements of this Regulation. 4. Member States shall ensure that competent authority personnel do not perform oversight activities when there is evidence that this could result directly or indirectly in a conflict of interest, in particular when relating to family or financial interest. 5. Personnel authorised by the competent authority to carry out certification and/or oversight tasks shall be empowered to perform at least the following tasks: (a) examine the records, data, procedures and any other material relevant to the execution of the certification and/or oversight task; (b) take copies of or extracts from such records, data, procedures and other material; (c) ask for an oral explanation on site; (d) enter relevant premises, operating sites or means of transport; (e) perform audits, investigations, assessments and inspections, including ramp inspections and unannounced inspections; and (f) take or initiate enforcement measures as appropriate. 6. The tasks under paragraph 5 shall be carried out in compliance with the legal provisions of the relevant Member State. Article 11c Transitional measures As regards organisations for which the Agency is the competent authority in accordance with Article 21(1)(b) of Regulation (EC) No 216/2008: (a) Member States shall transfer to the Agency all records related to the oversight of such organisations by 8 April 2013 at the latest; (b) certification processes initiated before 8 April 2012 by a Member State shall be finalised by that Member State in coordination with the Agency. The Agency shall assume all its responsibilities as competent authority concerning such organisation after the issuance of the certificate by that Member State.’;