Article 11 Competent authority

Member States shall designate the competent authority or authorities responsible for enforcing the application of this Regulation and for imposing the fines for aircraft operators, on the Union airport managing bodies, and on aviation fuel suppliers. Member States shall inform the Commission and the Agency of the identity of the competent authority or authorities that they have designated.

Member States shall ensure that their competent authorities exercise their oversight and enforcement tasks impartially and transparently, and in a manner independent from aircraft operators, aviation fuel suppliers and Union airport managing bodies. Member States shall also ensure that their competent authorities have the necessary resources and capabilities to carry out the tasks assigned to them under this Regulation in an efficient and timely manner.

The Commission, the Agency and the competent authorities of the Member States shall cooperate and exchange all relevant information to ensure effective implementation and compliance with this Regulation.

The Agency shall send to the competent authorities data aggregated for the aircraft operators, Union airports and their respective Union airport managing bodies and aviation fuel suppliers for which these authorities are competent pursuant to paragraphs 5, 6 and 7.

The responsible Member State, whose competent authority or authorities, designated in accordance with paragraph 1 of this Article, are responsible for a given aircraft operator, shall be determined pursuant to Commission Regulation (EC) No 748/2009 ( 6 ). For aircraft operators not attributed to a Member State in that Regulation, the responsible Member State shall be determined pursuant to the rules laid down in Article 18a of Directive 2003/87/EC. The Commission may support the Member States in the attribution process. To that end, the Commission may request the assistance of Eurocontrol and may conclude any appropriate agreement with Eurocontrol to that effect.

The responsible Member State, whose competent authority or authorities, designated in accordance with in paragraph 1, are responsible for a given Union airport managing body, shall be determined on the basis of the respective territorial jurisdiction of the Union airport.

The responsible Member State, whose competent authority or authorities, designated in accordance with in paragraph 1, are responsible for a given aviation fuel supplier, shall be the Member State in which the aviation fuel supplier has its principal place of business.

For aviation fuel suppliers which do not have their principal place of business in a Member State, the responsible Member State shall be the one in which the aviation fuel supplier supplied the most aviation fuel in 2023 or in the first year of providing aviation fuel in the Union market, whichever the latest.