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Part 5 · Implementation of Regulation (EU) 2022/2065  ›  Division 1 · Competent Authorities and the Digital Services Coordinator › Section 12

Competent authorities under Article 49(1) of Regulation (EU) 2022/2065

(1) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Federal Network Agency) is, subject to paragraphs 2 and 3, the competent authority under Article 49(1) of Regulation (EU) 2022/2065.
(2) The Federal Agency for Child and Youth Protection in the Media is the competent authority for the enforcement of Article 14(3), and for the enforcement of structural precautionary measures under Article 28(1) of Regulation (EU) 2022/2065, insofar as these do not concern measures under the Interstate Treaty on the Protection of Minors in the Media, as amended on 14 December 2021. For those measures, and for specific individual measures under the Interstate Treaty on the Protection of Minors in the Media, the bodies designated under the media-law provisions of the Länder are the competent authorities. To enforce and monitor Regulation (EU) 2022/2065, a unit for the enforcement of children's rights in digital services, based in Bonn, is established within the Federal Agency for Child and Youth Protection in the Media. The following provisions apply accordingly to the unit for the enforcement of children's rights in digital services: 1. as to resources, section 14(2), 2. as to independence, section 15, and 3. as to management, section 16(1), (3) and (5), fifth and sixth sentences, and (6). The Director of the Federal Agency for Child and Youth Protection in the Media takes the place of the President of the Federal Network Agency. The head of the unit for the enforcement of children's rights in digital services is appointed by the Director of the Federal Agency for Child and Youth Protection in the Media.
(3) The Federal Commissioner for Data Protection and Freedom of Information is the competent authority for the enforcement of Article 26(3) and Article 28(2) and (3) of Regulation (EU) 2022/2065.
(4) In all other respects, the existing statutory responsibilities for the supervision of service providers remain unaffected.
(5) The Deutsche Welle Act and the media-law provisions of the Länder remain unaffected.

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