Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council Text with EEA relevance

Type Regulation
Publication 2014-02-14
Last updated 2026-02-22
State In force
Department European Commission
Source EUR-Lex
articles 9
Reform history JSON API

Article 1

Subject matter and scope
1.

This Regulation lays down detailed rules on:

  • (a) the conditions for establishing and notifying to the applicant the certification basis applicable to an aerodrome as set out in Annexes II and III;
  • (b) the conditions for issuing, maintaining, amending, limiting, suspending or revoking certificates for aerodromes, and certificates for organisations responsible for the operation of aerodromes, including operating limitations related to the specific design of the aerodrome as set out in Annexes II and III;
  • (c) the conditions for operating an aerodrome in compliance with the essential requirements set out in Annex Va and, if applicable, Annex Vb to Regulation (EC) No 216/2008 as set out in Annex IV;
  • (d) the responsibilities of the holders of certificates as set out in Annex III;
  • (e) the conditions for the acceptance and for the conversion of existing aerodrome certificates issued by Member States;
  • (f) the conditions for the decision not to permit exemptions referred to in Article 4(3b) of Regulation (EC) No 216/2008, including criteria for cargo aerodromes, the notification of exempted aerodromes and for the review of granted exemptions;
  • (g) the conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety as set out in Annex III;
  • (h) conditions and procedures for the declaration by and for the oversight of organisations responsible for the provision of apron management services referred to in Article 37(2) of Regulation (EU) 2018/1139 of the European Parliament and of the Council ([^E0001]) as set out in Annexes II and III.
2.

Competent Authorities involved in the certification and oversight of aerodromes, aerodrome operators and apron management service providers shall comply with the requirements laid down in Annex II.

3.

Aerodrome operators and organisations responsible for providing apron management service shall comply with the requirements laid down in Annexes III and IV.

Article 2

Definitions

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

  • (1) ‘aerodrome’ means a defined area (including any buildings, installations and equipment) on land or water or on a fixed, fixed offshore or floating structure intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;
  • (2) ‘aeroplane’ means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;
  • (3) ‘aircraft’ means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;
  • (4) ‘apron’ means a defined area intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;
  • (5) ‘apron management service’ means a service provided to manage the activities and the movement of aircraft and vehicles on an apron;
  • (6) ‘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;
  • (7) ‘certification specifications’ mean technical standards adopted by the Agency indicating means to show compliance with Regulation (EC) No 216/2008 and its Implementing Rules and which can be used by an organisation for the purpose of certification;
  • (8) ‘Competent Authority’ means an authority designated within each Member State with the necessary powers and responsibilities for the certification and oversight of aerodromes, as well as personnel and organisations involved therein;
  • (9) ‘continuing oversight’ means the tasks which are conducted for the implementation of the oversight programme at any time by the Competent Authority to verify that the conditions under which a certificate has been granted continue to be fulfilled during its period of validity;
  • (10) ‘Deviation Acceptance and Action Document’ (DAAD) means a document established by the Competent Authority to compile evidence provided to justify the acceptance of deviations from the certification specifications issued by the Agency;
  • (11) ‘inspection’ means an independent evaluation by observation and judgement accompanied as appropriate by measurement, testing or gauging, in order to verify compliance with applicable requirements;
  • (12) ‘movement’ means either a take-off or landing;
  • (13) ‘obstacle’ means all fixed (whether temporary or permanent) and mobile objects, or parts thereof, that:
  • — are located on an area intended for the surface movement of aircraft, or
  • — extend above a defined surface intended to protect aircraft in flight, or
  • — stand outside those defined surfaces and that have been assessed as being a hazard to air navigation;
  • (14) ‘obstacle limitation surface’ means a surface that defines the limits to which objects may project into the airspace;
  • (15) ‘obstacle protection surface’ means a surface established for visual approach slope indicator system above which objects or extensions of existing objects shall not be permitted except when, in the opinion of the appropriate authority, the new object or extension would be shielded by an existing immovable object.

Article 3

Oversight
1.

Member States shall designate one or more entities as the Competent Authority(ies) within that Member State with the necessary powers and responsibilities for the certification and oversight of aerodromes and aerodrome operators, receiving declarations and oversight of providers of apron management service, as well as personnel involved therein.

2.

The Competent Authority shall be independent from aerodrome operators and providers of apron management services. This independence shall be achieved through separation, at functional level at least, between the Competent Authority and these aerodrome operators and providers of apron management services. Member States shall ensure that Competent Authorities exercise their powers impartially and transparently.

3.

If a Member State designates more than one entity as Competent Authority the following conditions shall be fulfilled:

  • (a) each Competent Authority shall be responsible for specifically defined tasks and a determined geographic area; and
  • (b) coordination shall be established between these Authorities in order to ensure effective oversight of all aerodromes and aerodrome operators, as well as providers of apron management services.
4.

Member States shall ensure that the Competent Authority(ies) has(ve) the necessary capabilities and resources to fulfil their requirements under this Regulation.

5.

Member States shall ensure that Competent Authorities’ 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.

6.

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 away copies of or extracts from such records, data, procedures and other material;
  • (c) ask for an oral explanation on-site;
  • (d) enter aerodromes, relevant premises, operating sites or other relevant areas and means of transport;
  • (e) perform audits, investigations, tests, exercises, assessments and inspections;
  • (f) take or initiate enforcement measures as appropriate.
7.

The tasks in paragraph 6 shall be carried out in compliance with the national legislation of the Member States.

Article 6

Conversion of certificates
1.

Certificates issued by the Competent Authority prior to 31 December 2014 on the basis of national legislations shall remain valid until they are issued in accordance with this Article, or if no such certificates are issued, 31 December 2017.

2.

Before the end of the period specified in paragraph 1, the Competent Authority shall issue certificates for the aerodromes and aerodrome operators concerned, if the following conditions are met:

  • (a) the certification basis referred to in Annex II has been established using the certification specifications issued by the Agency, including any cases of equivalent level of safety and special conditions which have been identified and documented;
  • (b) the certificate holder has demonstrated compliance with the certification specifications which are different from the national requirements on which the existing certificate was issued;
  • (c) the certificate holder has demonstrated compliance with those requirements of Regulation (EC) No 216/2008 and its Implementing Rules which are applicable to its organisation and its operation and which are different from the national requirements on which the existing certificate was issued.
3.

By way of derogation from paragraph 2 point (b), the Competent Authority may decide to waiver demonstration of compliance if it considers that this demonstration creates an excessive or disproportionate effort.

4.

The Competent Authority shall keep records, for a minimum period of five years, of the documents related to the conversion of certificates procedure.

Article 7

Deviations from certification specifications
1.

The Competent Authority may, until 31 December 2024, accept applications for a certificate including deviations from the certification specifications issued by the Agency, if the following conditions are met:

  • (a) the deviations do not qualify as an equivalent level of safety case under ADR.AR.C.020, nor qualify as a case of special condition under ADR.AR.C.025 of Annex II to this Regulation;
  • (b) the deviations existed prior to the entry into force of this Regulation;
  • (c) the essential requirements of Annex Va to Regulation (EC) No 216/2008 are respected by the deviations, supplemented by mitigating measures and corrective actions as appropriate;
  • (d) a supporting safety assessment for each deviation has been completed.
2.

The Competent Authority shall compile the evidence supporting the fulfilment of the conditions referred to in paragraph 1 in a Deviation Acceptance and Action Document (DAAD). The DAAD shall be attached to the certificate. The Competent Authority shall specify the period of validity of the DAAD.

3.

The aerodrome operator and the Competent Authority shall verify that the conditions referred to in paragraph 1 continue to be fulfilled. If such is not the case the DAAD shall be amended, suspended or withdrawn.

4.

The DAAD attached to the certificate shall be transferred to the new aerodrome operator to whom the operation of the aerodrome is to be transferred, provided that the conditions referred to in paragraphs 1 and 3 are met.

Article 8

Safeguarding of aerodrome surroundings
1.

Member States shall ensure that consultations are conducted with regard to safety impacts of constructions proposed to be built within the limits of the obstacle limitation and protection surfaces as well as other surfaces associated with the aerodrome.

2.

Member States shall ensure that consultations are conducted with regard to safety impacts of constructions proposed to be built beyond the limits of the obstacle limitation and protection surfaces as well as other surfaces associated with the aerodrome and which exceed the height established by Member States.

3.

Member States shall ensure coordination of the safeguarding of aerodromes located near national borders with other Member States.

Article 9

Monitoring of aerodrome surroundings

Member States shall ensure that consultations are conducted with regard to human activities and land use such as:

  • (a) any development or change in land use in the aerodrome area;
  • (b) any development which may create obstacle-induced turbulence that could be hazardous to aircraft operations;
  • (c) the use of hazardous, confusing and misleading lights;
  • (d) the use of highly reflective surfaces which may cause dazzling;
  • (e) the creation of areas that might encourage wildlife activity harmful to aircraft operations;
  • (f) sources of non-visible radiation or the presence of moving or fixed objects which may interfere with, or adversely affect, the performance of aeronautical communications, navigation and surveillance systems.

Article 10

Wildlife hazard management
1.

Member States shall ensure that wildlife strike hazards are assessed through:

  • (a) the establishment of a national procedure for recording and reporting wildlife strikes to aircraft;
  • (b) the collection of information from aircraft operators, aerodrome personnel and other sources on the presence of wildlife constituting a potential hazard to aircraft operations; and
  • (c) an ongoing evaluation of the wildlife hazard by competent personnel.
2.

Member States shall ensure that wildlife strike reports are collected and forwarded to ICAO for inclusion in the ICAO Bird Strike Information System (IBIS) database.

Article 11

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.

Competent Authorities involved in the certification and oversight of aerodromes, aerodrome operators and apron management service providers shall comply with the requirements laid down in Annex II to this Regulation before 31 December 2017.

3.

Annexes III and IV shall apply to aerodromes certified in accordance with Article 6 from the date of issuance of the certificate.

4.

Aerodromes whose certification procedure was initiated before 31 December 2014, but have not been issued with a certificate by this date, shall only be issued a certificate when they comply with this Regulation.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

Definitions for terms used in Annexes II to IV

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

  • (1) ‘Acceptable Means of Compliance (AMC)’ means non-binding standards adopted by the Agency to illustrate means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules;
  • (2) ‘accelerate-stop distance available (ASDA)’ means the length of the take-off run available plus the length of the stopway, if provided;
  • (3) ‘aerodrome control service’ means an air traffic control (ATC) service for aerodrome traffic;
  • (4) ‘aerodrome equipment’ means any equipment, apparatus, appurtenance, software or accessory, that is used or intended to be used to contribute to the operation of aircraft at an aerodrome;
  • (4a) ‘[aerodrome] traffic density’ means the number of movements in the mean busy hour and is the arithmetic mean over the year of the number of movements in the daily busiest hour;
  • (5) ‘aeronautical data’ means a representation of aeronautical facts, concepts or instructions in a formalised manner suitable for communication, interpretation or processing;
  • (6) ‘aeronautical information service’ means a service established within the defined area of coverage responsible for the provision of aeronautical information and data necessary for the safety, regularity, and efficiency of air navigation;
  • (6a) ‘Aeronautical Information Circular (AIC)’ means a notice containing information that does not qualify for the origination of a notice to air men (NOTAM) or for inclusion in the AIP, but which relates to flight safety, air navigation, technical, administrative or legislative matters;
  • (6b) ‘aeronautical information product’ means aeronautical data and aeronautical information provided either as digital data sets or as a standardised presentation in paper or electronic media. Aeronautical information products include the following:
  • — AIP, including amendments and supplements,
  • — AIC,
  • — aeronautical charts,
  • — NOTAM,
  • — digital data sets;
  • (6c) ‘Aeronautical Information Publication (AIP)’ means a publication issued by or with the authority of a Member State and containing aeronautical information of a lasting character essential to air navigation;
  • (7) ‘air navigation services’ means air traffic services; communication, navigation and surveillance services; meteorological services for air navigation; and aeronautical information services;
  • (8) ‘air traffic services’ means the various flight information services, alerting services, air traffic advisory services and air traffic control services (area, approach and aerodrome control services);
  • (9) ‘air traffic control (ATC) service’ means a service provided for the purpose of:
    1. preventing collisions:
  • — between aircraft, and
  • — in the manoeuvring area between aircraft and obstructions; and
    1. expediting and maintaining an orderly flow of air traffic;
  • (10) ‘aircraft stand’ means a designated area on an apron intended to be used for parking an aircraft;
  • (11) ‘aircraft stand taxilane’ means a portion of an apron designated as a taxiway and intended to provide access to aircraft stands only;
  • (12) ‘alternative means of compliance’ are those that propose an alternative to an existing Acceptable Means of Compliance or those that propose new means to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules for which no associated Acceptable Means of Compliance have been adopted by the Agency;
  • (13) ‘alerting service’ means a service provided to notify relevant organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as required;
  • (14) ‘apron taxiway’ means a portion of a taxiway system located on an apron and intended to provide a through taxi-route across the apron;
  • (15) ‘clearway’ means a defined rectangular area on the ground or water under the control of the appropriate entity, selected or prepared as a suitable area over which an aeroplane may make a portion of its initial climb to a specified height;
  • (15a) ‘contaminated runway’ means a runway whose surface area (whether in isolated areas or not) within the length and width being used is covered in significant part by one or more of the substances listed under the runway surface condition descriptors;
  • (16) ‘dangerous goods’ means articles or substances which are capable of posing a risk to health, safety, property or the environment and which are shown in the list of dangerous goods in the Technical Instructions or which are classified according to those Technical Instructions;
  • (16a) ‘decision altitude’ (‘DA’) or ‘decision height’ (‘DH’) means a specified altitude or height in a 3D instrument approach operation at which a missed approach procedure must be initiated if the required visual reference to continue the approach has not been established;
  • (17) ‘data quality’ means a degree or level of confidence that the data provided meet the requirements of the data user in terms of accuracy, resolution and integrity;
  • (17a) ‘data set’ means an identifiable collection of data;
  • (18) ‘declared distances’ means:
  • — ‘take-off run available (TORA)’,
  • — ‘take-off distance available (TODA)’,
  • — ‘accelerate-stop distance available (ASDA)’,
  • — ‘landing distance available (LDA)’;
  • (18a) ‘dry’, in respect of runway conditions, means that the surface of the runway is free of visible moisture and not contaminated within the area intended to be used;
  • (19) ‘flight information service’ means a service provided for the purpose of giving advice and information useful for the safe and efficient conduct of flights;
  • (19a) ‘foreign object debris (FOD)’ means an inanimate object within the movement area which has no operational or aeronautical function and which has the potential to be a hazard to aircraft operation;
  • (19b) ‘hot spot’ means a location on an aerodrome movement area with a history or potential risk of collision or runway incursion, and where heightened attention by pilots or drivers is necessary;
  • (20) ‘human factors principles’ means principles which apply to aeronautical design, certification, training, operations and maintenance and which seek safe interface between the human and other system components by proper consideration to human performance;
  • (21) ‘human performance’ means human capabilities and limitations which have an impact on the safety and efficiency of aeronautical operations;
  • (22) ‘instrument runway’ means one of the following types of runways intended for the operation of aircraft using instrument approach procedures:
    1. ‘non-precision approach runway’: a runway served by visual aids and at least one non-visual aid, intended for landing operations following a type A instrument approach operation;
    1. ‘precision approach runway, category I’: a runway served by visual aids and at least one non-visual aid, intended for landing operations following a type B CAT I instrument approach operation;
    1. ‘precision approach runway, category II’: a runway served by visual aids and at least one non-visual aid, intended for landing operations following a type B CAT II instrument approach operation;
    1. ‘precision approach runway, category III’: a runway served by visual aids and at least one non-visual aid, intended for landing operations following a type B CAT III instrument approach operation;
  • (23) ‘integrity’ means a degree of assurance that an aeronautical data and its value has not been lost nor altered since the data origination or authorized amendment;
  • (24) ‘landing distance available (LDA)’ means the length of runway which is declared available and suitable for the ground run of an aeroplane landing;
  • (24a) ‘lighting system reliability’ means the probability that the complete installation operates within the specified tolerances and the system is operationally usable;
  • (24b) ‘Location Indicators’ means the latest effective edition of the ‘Location Indicators’ (Doc 7910), approved and published by the International Civil Aviation Organization;
  • (24c) ‘low-visibility operations (LVOs)’ means approach or take-off operations on a runway with a runway visual range less than 550 m or a decision height less than 200 ft;
  • (25) ‘low-visibility procedures’ means procedures applied at an aerodrome for the purpose of ensuring safety during low-visibility operations;
  • (26) ‘low-visibility take-off (LVTO)’ means a take-off with a runway visual range less than 550 m;
  • (28) ‘manoeuvring area’ means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft, excluding aprons;
  • (29) ‘meteorological services’ means those facilities and services that provide aircraft with meteorological forecasts, briefs and observations as well as any other meteorological information and data provided by States for aeronautical use;
  • (30) ‘marker’ means an object displayed above ground level in order to indicate an obstacle or delineate a boundary;
  • (31) ‘marking’ means a symbol or group of symbols displayed on the surface of the movement area in order to convey aeronautical information;
  • (32) ‘movement area’ means that part of an aerodrome to be used for the take-off, landing and taxiing of aircraft consisting of the manoeuvring area and the apron(s);
  • (33) ‘navigation services’ means those facilities and services that provide aircraft with positioning and timing information;
  • (34) ‘non-instrument runway’ means a runway intended for the operation of aircraft using visual approach procedures;
  • (34a) ‘notice to airmen (NOTAM)’ means a notice distributed by means of telecommunication containing information concerning the establishment, condition or change in any aeronautical facility, service, procedure or hazard, the timely knowledge of which is essential to personnel concerned with flight operations;
  • (34b) ‘NOTAM code’ means the code contained in the latest effective edition of the ‘Procedures for Air Navigation Services – ICAO Abbreviations and Codes’ (PANS ABC – Doc 8400), approved and published by the International Civil Aviation Organization;
  • (34c) ‘operation with operational credits’ means an operation using specific aircraft or ground equipment, or a combination of aircraft and ground equipment which allows any of the following elements:
  • (a) the application of lower than standard aerodrome operating minima for a particular classification of operation;
  • (b) visibility requirements can be satisfied or reduced;
  • (c) fewer ground facilities are required;
  • (36) ‘oversight planning cycle’ means a time period in which continued compliance is verified;
  • (37) ‘rapid exit taxiway’ means a taxiway connected to a runway at an acute angle and designed to allow landing aeroplanes to turn off at higher speeds than are achieved on other exit taxiways thereby minimising runway occupancy times;
  • (38) ‘runway’ means a defined rectangular area on a land aerodrome prepared for the landing and take-off of aircraft;
  • (38a) ‘runway condition assessment matrix (RCAM)’ means a matrix that allows the assessment of the runway condition code (RWYCC), using associated procedures, from a set of observed runway surface conditions and pilot report of braking action;
  • (38b) ‘runway condition code (RWYCC)’ means a number, to be used in the runway condition report (RCR), that describes the effect of the runway surface condition on aeroplane deceleration performance and lateral control;
  • (38c) ‘runway condition report (RCR)’ means a comprehensive standardised report relating to the conditions of the runway surface and their effects on the aeroplane landing and take-off performance, described by means of runway conditions code;
  • (38d) ‘runway-end safety area (RESA)’ means an area symmetrical about the runway centre line and adjacent to the end of the strip primarily intended to reduce the risk of damage to an aeroplane undershooting or overrunning the runway;
  • (38e) ‘runway-holding position’ means a designated position intended to protect a runway, an obstacle limitation surface, or an Instrument Landing Systems (ILS) or Microwave Landing System (MLS) critical or sensitive area at which taxiing aircraft and vehicles must stop and hold, unless otherwise authorised by the aerodrome control tower;
  • (38f) ‘runway strip’ means a defined area including the runway and stopway, if provided, intended to:
  • (a) reduce the risk of damage to aircraft running off a runway;
  • (b) protect aircraft flying over it during take-off or landing operations;
  • (38g) ‘runway surface condition’ means a description of the condition of the runway surface used in the RCR which establishes the basis for the determination of the RWYCC for aeroplane performance purposes;
  • (38h) ‘runway surface condition descriptors’ means one of the following substances on the surface of the runway:
  • (a) compacted snow: snow that has been compacted into a solid mass such that aeroplane tyres, at operating pressures and loadings, will run on the surface without significant further compaction or rutting of the surface;
  • (b) dry snow: snow from which a snowball cannot readily be made;
  • (c) frost: ice crystals formed from airborne moisture on a surface whose temperature is at or below freezing; frost differs from ice in that frost crystals grow independently and therefore, have a more granular texture;
  • (d) ice: water that has frozen or compacted snow that has transitioned into ice in cold and dry conditions;
  • (e) slush: snow that is so water-saturated that water will drain from it when a handful is picked up or will splatter if stepped on forcefully;
  • (f) standing water: water of depth greater than 3 mm;
  • (g) wet ice: ice with water on top of it or ice that is melting;
  • (h) wet snow: snow that contains enough water to be able to make a well compacted, solid snowball, but water will not squeeze out;
  • (39) ‘runway type’ means instrument runway or non-instrument runway;
  • (40) ‘runway visual range (RVR)’ means the range over which the pilot of an aircraft on the centre line of a runway can see the runway surface markings or the lights delineating the runway or identifying its centre line;
  • (41) ‘safety management system’ means a systematic approach to managing safety including the necessary organisational structure, accountabilities, policies and procedures;
  • (41a) ‘slippery wet runway’ means a wet runway whose surface friction characteristics for a significant portion of it have been determined to be degraded;
  • (41b) ‘SNOWTAM’ means a special series NOTAM given in a standard format, which provides a surface condition report notifying the presence or cessation of hazardous conditions due to snow, ice, slush, frost, standing water or water associated with snow, slush, ice, or frost on the movement area;
  • (41c) ‘specially prepared winter runway’ means a runway with a dry frozen surface of compacted snow or ice, or both, which has been treated with sand or grit or has been mechanically treated to improve runway friction;
  • (42) ‘stopway’ means a defined rectangular area on the ground at the end of take-off run available prepared as a suitable area in which an aircraft can be stopped in the case of an abandoned take-off;
  • (43) ‘take-off distance available (TODA)’ means the length of the take-off run available plus the length of the clearway, if provided;
  • (44) ‘take-off run available (TORA)’ means the length of runway declared available and suitable for the ground run of an aeroplane taking off;
  • (45) ‘taxiway’ means a defined path on a land aerodrome established for the taxiing of aircraft and intended to provide a link between one part of the aerodrome and another, including:
  • — aircraft stand taxilane,
  • — apron taxiway,
  • — rapid exit taxiway;
  • (46) ‘Technical Instructions’ means the latest effective edition of the ‘Technical Instructions for the Safe Transport of Dangerous Goods by Air’ (Doc 9284-AN/905), including the Supplement and any Addenda, approved and published by the International Civil Aviation Organization;
  • (47) ‘terms of the certificate’ means all the following:
  • — ICAO location indicators,
  • — conditions to operate (VFR/IFR, day/night),
  • — aeroplane operations on specially prepared winter runways,
  • — runway – declared distances,
  • — runway types and approaches provided,
  • — aerodrome reference code,
  • — scope of aircraft operations exceeding the certified design characteristics of the aerodrome,
  • — provision of apron management services (yes/no),
  • — rescue and firefighting level of protection;
  • (47a) ‘type A instrument approach operation’ means an instrument approach operation with a minimum descent height or decision height at or above 75 m (250 ft);
  • (47b) ‘type B instrument approach operation’ means an instrument approach operation with a decision height below 75 m (250 ft) categorised as follows:
    1. Category I (CAT I): a decision height not lower than 60 m (200 ft) and with either a visibility not less than 800 m or a runway visual range not less than 550 m;
    1. Category II (CAT II): a decision height lower than 60 m (200 ft), but not lower than 30 m (100 ft) and a runway visual range not less than 300 m;
    1. Category III (CAT III): a decision height lower than 30 m (100 ft) or no decision height and a runway visual range less than 300 m or no runway visual range limitations;
  • (48) ‘visual aids’ means indicators and signalling devices, markings, lights, signs and markers or combinations thereof;
  • (49) ‘wet runway’ means a runway whose surface is covered by any visible dampness or water up to and including 3 mm deep within the area intended to be used.

ANNEX II

Part Authority Requirements — Aerodromes (Part-ADR.AR)

SUBPART A — GENERAL REQUIREMENTS (ADR.AR.A)

ADR.AR.A.001 Scope

This Annex establishes requirements for the Competent Authorities responsible for:

  • (a) the certification and oversight of aerodromes and aerodrome operators;
  • (b) receiving declarations of capability and availability of the means to discharge the responsibilities by the organisations responsible for the provision of apron management services and their oversight.
ADR.AR.A.005 Competent Authority

The Competent Authority designated by the Member State in which an aerodrome is located shall be responsible for the:

  • (a) certification and oversight of aerodromes and its aerodrome operators;
  • (b) receiving declarations of capability and availability of the means to discharge the responsibilities by the organisations responsible for the provision of apron management services and their oversight.
ADR.AR.A.010 Oversight documentation
  • (a)The Competent Authority shall provide the relevant legislative acts, standards, rules, technical publications and related documents to its relevant personnel in order to perform their tasks and to discharge their responsibilities.
  • (b)The Competent Authority shall make available legislative acts, standards, rules, technical publications and related documents to aerodrome operators, organisations responsible for the provision of AMS and other interested parties to facilitate their compliance with the applicable requirements.
ADR.AR.A.015 Means of compliance
  • (a)The Agency shall develop Acceptable Means of Compliance (AMC) that may be used to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules. When the Acceptable Means of Compliance are complied with, the related requirements of the Implementing Rules are met.
  • (b)Alternative means of compliance may be used to establish compliance with the Implementing Rules.
  • (c)The Competent Authority shall establish a system to consistently evaluate that the alternative means of compliance used by itself or by aerodrome operators or providers of apron management services under its oversight provide for compliance with Regulation (EC) No 216/2008 and its Implementing Rules.
  • (d)The Competent Authority shall evaluate the alternative means of compliance proposed by an aerodrome operator or an organisation responsible for the provision of AMS, in accordance with point ADR.OR.A.015, by analysing the documentation provided and, if considered necessary, conducting an inspection of the aerodrome operator, the aerodrome or the organisation responsible for the provision of AMS.
  • When the Competent Authority finds that the alternative means of compliance proposed by the aerodrome operator or the provider of apron management services are in accordance with the Implementing Rules, it shall without undue delay:
  • (1) notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the certificate or approval of the applicant accordingly;
  • (2) inform the Agency of their content, including copies of the relevant documentation;
  • (3) inform other Member States about alternative means of compliance that were accepted; and
  • (4) inform the certified aerodromes and the organisation responsible for the provision of AMS under its oversight, as appropriate.
  • (e)When the Competent Authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules, it shall:
  • (1) make them available to aerodrome operators and providers of apron management services under its oversight; and
  • (2) without undue delay notify the Agency.
  • The Competent Authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.
ADR.AR.A.025 Information to the Agency
  • (a)Where the Competent Authority has become aware of any significant problems with the implementation of Regulation (EU) 2018/1139 of the European Parliament and of the Council ([^E0002]) and its delegated and implementing acts, it shall notify the Agency without undue delay, and in any case within 30 days from the time it has become aware of those significant problems.
  • (b)Without prejudice to Regulation (EU) No 376/2014 of the European Parliament and of the Council ([^E0003]) and the delegated and implementing acts adopted on the basis thereof, the Competent Authority shall provide the Agency with safety-significant information stemming from occurrence reports stored in the national database pursuant to Article 6(6) of Regulation (EU) No 376/2014 as soon as possible.
  • (c)The competent authority of the Member State shall provide the Agency as soon as possible with safety-significant information stemming from the information security reports it has received pursuant to point IS.D.OR.230 of the Annex (Part-IS.D.OR) to Delegated Regulation (EU) 2022/1645.
ADR.AR.A.030 Immediate reaction to a safety problem
  • (a)Without prejudice to Regulation (EU) No 376/2014 and its delegated and implementing acts, the Competent Authority shall implement a system to appropriately collect, analyse and disseminate safety information.
  • (b)The Agency shall implement a system to appropriately analyse any safety-relevant information received and without undue delay provide the relevant authority of the Member States and the Commission with any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to a safety problem involving aerodromes, aerodrome operators and organisations responsible for the provision of AMS, subject to Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
  • (c)Upon receiving the information referred to in points (a) and (b), the Competent Authority shall take adequate measures to address the safety problem, including the issuing of safety directives in accordance with point ADR.AR.A.040.
  • (d)Measures taken in accordance with point (c) shall immediately be notified to the aerodrome operators or organisations responsible for the provision of AMS which need to comply with them under Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. The Competent Authority shall also notify those measures to the Agency and, when combined action is required, the other Member States concerned.
  • (e)Measures notified to an organisation responsible for the provision of AMS shall also be notified to the operator of the aerodrome where the service is provided.
ADR.AR.A.030A Immediate reaction to an information security incident or vulnerability with an impact on aviation safety
  • (a) The competent authority shall implement a system to appropriately collect, analyse, and disseminate information related to information security incidents and vulnerabilities with a potential impact on aviation safety that are reported by organisations. This shall be done in coordination with any other relevant authorities responsible for information security or cybersecurity within the Member State to increase the coordination and compatibility of reporting schemes.
  • (b) The Agency shall implement a system to appropriately analyse any relevant safety-significant information received in accordance with point ADR.AR.A.025(c), and without undue delay provide the Member States and the Commission with any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to an information security incident or vulnerability with a potential impact on aviation safety involving products, parts, non-installed equipment, persons or organisations subject to Regulation (EU) 2018/1139 and its delegated and implementing acts.
  • (c) Upon receiving the information referred to in points (a) and (b), the competent authority shall take adequate measures to address the potential impact on aviation safety of the information security incident or vulnerability.
  • (d) Measures taken in accordance with point (c) shall immediately be notified to all persons or organisations that shall comply with them under Regulation (EU) 2018/1139 and its delegated and implementing acts. The competent authority of the Member State shall also notify those measures to the Agency and, when combined action is required, the competent authorities of the other Member States concerned.
ADR.AR.A.040 Safety directives
  • (a)The Competent Authority shall issue a safety directive if it has determined the existence of an unsafe condition requiring immediate action, including the showing of compliance with any amended or additional certification specification established by the Agency, which the Competent Authority finds is necessary.
  • (b)A safety directive shall be forwarded to the aerodrome operators or providers of apron management services concerned, as appropriate, and shall contain, as a minimum, the following information:
  • (1) the identification of the unsafe condition;
  • (2) the identification of the affected design, equipment, or operation;
  • (3) the actions required and their rationale, including the amended or additional certification specifications that have to be complied with;
  • (4) the time limit for compliance with the required actions; and
  • (5) its date of entry into force.
  • (c)The Competent Authority shall forward a copy of the safety directive to the Agency.
  • (d)The Competent Authority shall verify the compliance of aerodrome operators and providers of apron management services with the applicable safety directives.
  • (e)Safety directives notified to the organisation responsible for the provision of AMS shall also be notified to the operator of the aerodrome where the service is provided.

SUBPART B — MANAGEMENT (ADR.AR.B)

ADR.AR.B.005 Management system
  • (a)The Competent Authority shall establish and maintain a management system, including as a minimum:
  • (1) documented policies and procedures to describe its organisation, means and methods to achieve compliance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. The procedures shall be kept up to date and serve as the basic working documents within that Competent Authority for all related tasks;
  • (2) a sufficient number of personnel, including aerodrome inspectors, to perform its tasks and discharge its responsibilities. Such personnel shall be qualified to perform their allocated tasks and have the necessary knowledge, experience, initial, on-the-job and recurrent training to ensure continuing competence. A system shall be in place to plan the availability of personnel, in order to ensure the proper completion of all related tasks;
  • (3) adequate facilities and office accommodation to perform the allocated tasks;
  • (4) a formal process to monitor compliance of the management system with the relevant requirements and adequacy of the procedures, including the establishment of an internal audit process and a safety risk management process.
  • (b)The Competent Authority shall, for each field of activity included in the management system, appoint one or more persons with the overall responsibility for the management of the relevant task(s).
  • (c)The Competent Authority shall establish procedures for the participation in a mutual exchange of all necessary information and assistance with other competent authorities concerned, whether from the same Member State or from other Member States, including:
  • (1) the relevant findings raised, and follow-up actions taken as a result of oversight of organisations responsible for the provision of AMS in the territory of a Member State, but having declared their activities with more than one competent authority or in more than one Member State;
  • (2) information stemming from mandatory and voluntary occurrence reporting as required by points ADR.OR.C.030 and ADR.OR.F.055.
  • (d)In addition to the requirements contained in point (a), the management system established and maintained by the competent authority shall comply with Annex I (Part-IS.AR) to Implementing Regulation (EU) 2023/203 in order to ensure the proper management of information security risks which may have an impact on aviation safety.
ADR.AR.B.010 Allocation of tasks
  • (a)Tasks related to the initial certification or continuing oversight of persons or organisations subject to Regulation (EC) No 216/2008 and its Implementing Rules shall be allocated by Member States only to qualified entities. When allocating tasks, the Competent Authority shall ensure that it has:
  • (1) a system in place to initially and continuously asses that the qualified entity complies with Annex V to Regulation (EC) No 216/2008; this system and the results of the assessments shall be documented;
  • (2) established a documented agreement with the qualified entity, approved by both parties at the appropriate management level, which clearly defines:
  • (i) the tasks to be performed;
  • (ii) the declarations, reports and records to be provided;
  • (iii) the technical conditions to be met in performing such tasks;
  • (iv) the related liability coverage; and
  • (v) the protection given to information acquired in carrying out such tasks.
  • (b)The Competent Authority shall ensure that the internal audit process and safety risk management process required by ADR.AR.B.005(a)(4) covers all certification or continuing oversight tasks performed on its behalf.
  • (c)With regard to the certification and oversight of the organisation’s compliance with point ADR.OR.D.005A, the competent authority may allocate tasks to qualified entities in accordance with point (a), or to any relevant authority responsible for information security or cybersecurity within the Member State. When allocating tasks, the competent authority shall ensure that:
  • (1) all aspects related to aviation safety are coordinated and taken into account by the qualified entity or relevant authority;
  • (2) the results of the certification and oversight activities performed by the qualified entity or relevant authority are integrated in the overall certification and oversight files of the organisation;
  • (3) its own information security management system established in accordance with point ADR.AR.B.005(e) covers all the certification and continuing oversight tasks performed on its behalf.
ADR.AR.B.015 Changes to the management system
  • (a)The Competent Authority shall have a system in place to identify changes that affect its capability to perform its tasks and discharge its responsibilities as laid down in Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. That system shall enable it to take action as appropriate to ensure that its management system remains adequate and effective.
  • (b)The Competent Authority shall update its management system to reflect any changes to Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof in a timely manner, to ensure effective implementation of its management systems.
  • (c)The Competent Authority shall notify the Agency of changes affecting its capability to perform its tasks and discharge its responsibilities as laid down in Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof.
ADR.AR.B.020 Record keeping
  • (a)The Competent Authority shall establish a system of record keeping providing for adequate storage, accessibility and reliable traceability of:
  • (1) the management system’s documented policies and procedures;
  • (2) training, qualification and authorisation of its personnel;
  • (3) the allocation of tasks to qualified entities, covering the elements required by ADR.AR.B.010, as well as the details of tasks allocated;
  • (4) certification process and continuing oversight of aerodromes and aerodrome operators;
  • (5) declaration process and continuing oversight of providers of apron management services;
  • (6) the documentation regarding cases of equivalent level of safety and special conditions contained in the certification basis, as well as any Deviation Acceptance and Action Document (DAAD);
  • (7) the evaluation and notification to the Agency of alternative means of compliance proposed by aerodrome operators and providers of apron management services and the assessment of alternative means of compliance used by the Competent Authority itself;
  • (8) findings, corrective actions and date of action closure, and observations;
  • (9) enforcement measures taken;
  • (10) safety information and follow-up measures;
  • (11) the use of flexibility provisions in accordance with Article 71 of Regulation (EU) 2018/1139.
  • (b)The Competent Authority shall maintain a list of all certificates it issued and declarations it received.
  • (c)Records related to the certification of an aerodrome and an aerodrome operator, or the declaration of a provider of apron management services shall be kept for the lifespan of the certificate or declaration, as appropriate.
  • (d)Records relating to points (a)(1) to (a)(3) and points (a)(7) to (a)(11) shall be kept for a minimum period of five years, subject to applicable data protection law.

SUBPART C — OVERSIGHT, CERTIFICATION AND ENFORCEMENT (ADR.AR.C)

ADR.AR.C.005 Oversight
  • (a)The Competent Authority shall verify:
  • (1) compliance with the certification basis and all requirements applicable to aerodromes and aerodrome operators prior to the issue of an approval or certificate;
  • (2) continued compliance with the certification basis and applicable requirements of aerodromes and aerodrome operators or organisations responsible for the provision of AMS; and
  • (3) implementation of appropriate safety measures as defined in ADR.AR.A.030(c) and (d).
  • (b)This verification shall:
  • (1) be supported by documentation specifically intended to provide personnel responsible for safety oversight with guidance to perform their functions;
  • (2) provide the aerodrome operators and providers of apron management services concerned with the results of safety oversight activity;
  • (3) be based on audits and inspections, including unannounced inspections, where appropriate; and
  • (4) provide the Competent Authority with the evidence needed in case further action is required, including the measures foreseen by ADR.AR.C.055.
  • (c)The scope of oversight shall take into account the results of past oversight activities and the safety priorities identified.
  • (d)The Competent Authority shall collect and process any information deemed useful for oversight, including unannounced inspections, as appropriate.
  • (e)Within its oversight powers, the Competent Authority may decide to require prior approval for any obstacles, developments and other activities within the areas monitored by the aerodrome operator in accordance with ADR.OPS.B.075, which may endanger safety and adversely affect the operation of an aerodrome.
  • (f) With regard to the certification and oversight of the organisation’s compliance with point ADR.OR.D.005A , in addition to complying with points (a) to (e) of this point, the competent authority shall review any approval granted under point IS.D.OR.200(e) of the Annex to Delegated Regulation (EU) 2022/1645 following the applicable oversight audit cycle and whenever changes are implemented in the scope of work of the organisation.
ADR.AR.C.010 Oversight programme
  • (a)The Competent Authority shall for each aerodrome operator and organisation responsible for the provision of AMS:
  • (1) establish and maintain an oversight programme covering the oversight activities required by ADR.AR.C.005;
  • (2) apply an appropriate oversight planning cycle, not exceeding 48 months.
  • (b)The oversight programme shall include within each oversight planning cycle, audits and inspections, including unannounced inspections, as appropriate.
  • (c)The oversight programme and planning cycle shall reflect the safety performance of the aerodrome operator or the organisation responsible for the provision of AMS respectively, as well as the risk exposure of the aerodrome.
  • (d)The oversight programme shall include records of the dates when audits and inspections are due and when audits and inspections have been carried out.
ADR.AR.C.015 Initiation of certification process
  • (a)Upon receiving an application for the initial issuance of a certificate, the Competent Authority shall assess the application and shall verify compliance with the applicable requirements.
  • (b)In case of an existing aerodrome, the Competent Authority shall prescribe the conditions under which the aerodrome operator shall operate during the certification period, unless the Competent Authority determines that the operation of the aerodrome needs to be suspended. The Competent Authority shall inform the aerodrome operator of the expected schedule for the certification process and conclude the certification within the shortest time period practicable.
  • (c)The Competent Authority shall establish and notify the applicant of the certification basis in accordance with ADR.AR.C.020.
ADR.AR.C.020 Certification basis

The certification basis is to be established and notified to an applicant by the Competent Authority and shall consist of:

  • (a) the certification specifications issued by the Agency which the Competent Authority finds applicable to the design and the type of operation of the aerodrome and which are effective on the date of application for that certificate, unless:
  • (1) the applicant elects compliance with later effective amendments; or
  • (2) the Competent Authority finds that compliance with such later effective amendments is necessary;
  • (b) any provision for which an equivalent level of safety has been accepted by the Competent Authority to be demonstrated by the applicant; and
  • (c) any special condition prescribed in accordance with ADR.AR.C.025, that the Competent Authority finds necessary to be included in the certification basis.
ADR.AR.C.025 Special conditions
  • (a)The Competent Authority shall prescribe special detailed technical specifications, named special conditions, for an aerodrome, if the related certification specifications issued by the Agency referred to in point ADR.AR.C.020(a) are inadequate or inappropriate, to ensure compliance with the essential requirements of Annex Va to Regulation (EC) No 216/2008, because:
  • (1) the certification specifications cannot be met due to physical, topographical or similar limitations related to the location of the aerodrome;
  • (2) the aerodrome has novel or unusual design features; or
  • (3) experience from the operation of that aerodrome or other aerodromes having similar design features has shown that safety may be endangered.
  • (b)The special conditions shall contain such technical specifications, including limitations or procedures to be complied with, as the Competent Authority finds necessary to ensure compliance with the essential requirements set out in Annex Va to Regulation (EC) No 216/2008.
ADR.AR.C.035 Issuance of certificates
  • (a)The Competent Authority may require any inspection, test, safety assessment, or exercise it finds necessary before issuing the certificate.
  • (b)The Competent Authority shall issue either:
  • (1) a single aerodrome certificate; or
  • (2) two separate certificates, one for the aerodrome and one for the aerodrome operator.
  • (c)The Competent Authority shall issue the certificate(s) referred to in point (b) when the aerodrome operator has demonstrated to the satisfaction of the Competent Authority compliance with points ADR.OR.B.025 and ADR.OR.E.005. Where the aerodrome operator changes, the new aerodrome operator shall not be required to demonstrate compliance with the requirements set out in point ADR.OR.B.025(a)(1) and point ADR.OR.E.005, if those requirements concern elements that remain unchanged.
  • (d)The certificate shall be considered to include the aerodrome’s certification basis, the aerodrome manual, and, if relevant, any other operating conditions or limitations prescribed by the Competent Authority and any Deviation Acceptance and Action Documents (DAAD).
  • (e)The certificate shall be issued for an unlimited duration. The privileges of the activities that the aerodrome operator is approved to conduct shall be specified in the terms of the certificate attached to it.
  • (f)Where responsibilities are attributed to other relevant organisations, they should be clearly identified and listed.
  • (g)Findings, other than level 1 and which have not been closed prior to the date of certification, shall be safety assessed and mitigated as necessary and a corrective action plan for the closing of the finding shall be approved by the Competent Authority.
  • (h)To enable an aerodrome operator to implement changes without prior approval of the Competent Authority in accordance with ADR.OR.B.040(d), the Competent Authority shall approve a procedure defining the scope of such changes and describing how such changes will be managed and notified.
ADR.AR.C.040 Changes – aerodrome operator
  • (a)Upon receiving an application for a change, in accordance with ADR.OR.B.40, that requires prior approval, the Competent Authority shall assess the application and, if relevant, notify the aerodrome operator of:
  • (1) the applicable certification specifications issued by the Agency, which are applicable to the proposed change and which are effective on the date of the application, unless:
  • (a) the applicant elects compliance with later effective amendments; or
  • (b) the Competent Authority finds that compliance with such later effective amendments is necessary;
  • (2) any other certification specification issued by the Agency that the Competent Authority finds is directly related to the proposed change;
  • (3) any special condition, and amendment to special conditions, prescribed by the Competent Authority in accordance with point ADR.AR.C.025, the Competent Authority finds is necessary; and
  • (4) the amended certification basis, if affected by the proposed change.
  • (b)The Competent Authority shall approve the change when the aerodrome operator has demonstrated, to the satisfaction of the Competent Authority, compliance with the requirements in ADR.OR.B.040 and, if applicable, with ADR.OR.E.005.
  • (c)If the approved change affects the terms of the certificate, the Competent Authority shall amend them.
  • (d)The Competent Authority shall approve any conditions under which the aerodrome operator shall operate during the change.
  • (e)Without prejudice to any additional enforcement measures, when the aerodrome operator implements changes requiring prior approval without having received Competent Authority approval as defined in (a), the Competent Authority shall consider the need to suspend, limit or revoke the certificate.
  • (f)For changes not requiring prior approval, the Competent Authority shall assess the information provided in the notification sent by the aerodrome operator in accordance with ADR.OR.B.040(d) to verify their appropriate management and verify their compliance with the certification specifications and other appropriate requirements applicable to the change. In case of any non-compliance, the Competent Authority shall:
  • (1) notify the aerodrome operator about the non-compliance and request further changes; and
  • (2) in case of level 1 or level 2 findings, act in accordance with point ADR.AR.C.055.
ADR.AR.C.040A Changes to the information security management system
  • (a) With regard to changes managed and notified to the competent authority in accordance with the procedure set out in point IS.D.OR.255(a) of the Annex (Part-IS.D.OR) to Delegated Regulation (EU) 2022/1645, the competent authority shall include the review of such changes in its continuing oversight in accordance with the principles laid down in point ADR.AR.C.005. If any non-compliance is found, the competent authority shall notify the organisation thereof, request further changes and act in accordance with point ADR.AR.C.055.
  • (b) With regard to other changes requiring an application for approval in accordance with point IS.D.OR.255(b) of the Annex (Part-IS.D.OR) to Delegated Regulation (EU) 2022/1645:
  • (1) upon receiving the application for the change, the competent authority shall check the organisation’s compliance with the applicable requirements before issuing the approval;
  • (2) the competent authority shall establish the conditions under which the organisation may operate during the implementation of the change;
  • (3) if it is satisfied that the organisation complies with the applicable requirements, the competent authority shall approve the change.
ADR.AR.C.050 Declaration of organisations responsible for the provision of AMS and notification of a change
  • (a) Upon receiving a declaration from an organisation responsible for the provision of AMS that intends to provide such a service at an aerodrome, or upon receiving a notification of a change to the information contained in the declaration, the Competent Authority shall acknowledge receipt of the declaration or the notification of a change, and shall verify that the declaration or the notification contains all the information required by Annex III (Part-ADR.OR).
  • (b) If the declaration or the notification of a change does not contain all the information required under point ADR.OR.F.005 of Annex III, or contains information that is not in accordance with the applicable requirements, the Competent Authority shall notify the organisation responsible for the provision of AMS and the aerodrome operator where such service is provided about the non-compliance and request further information. If deemed necessary the competent authority shall carry out an inspection of the organisation. If the non-compliance is confirmed, the Competent Authority shall take action as defined in point ADR.AR.C.055 of this Annex.
  • (c) The Competent Authority shall keep a register of the declarations and of the notifications of a change of the organisation responsible for the provision of AMS under its oversight.
ADR.AR.C.055 Findings, observations, corrective actions and enforcement measures
  • (a)The Competent Authority for oversight in accordance with ADR.AR.C.005(a) shall have a system to analyse findings for their safety significance.
  • (b)A level 1 finding shall be issued by the Competent Authority when any significant non-compliance is detected with the certification basis of the aerodrome, the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the aerodrome operator’s or the apron management services provider’s procedures and manuals, with the terms of the certificate or certificate or with the content of a declaration which lowers safety or seriously endangers safety.
  • The level 1 finding shall include:
  • (1) failure to give the Competent Authority access to the aerodrome and aerodrome operator’s or the apron management services provider’s facilities as defined in ADR.OR.C.015 during normal operating hours and after two written requests;
  • (2) obtaining or maintaining the validity of a certificate by falsification of submitted documentary evidence;
  • (3) evidence of malpractice or fraudulent use of a certificate; and
  • (4) the lack of an accountable manager.
  • (c)A level 2 finding shall be issued by the Competent Authority when any non-compliance is detected with the certification basis of the aerodrome, the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, with the aerodrome operator’s or the apron management services provider’s procedures and manuals, with the terms of the certificate or the certificate or with the content of a declaration which could lower or possibly hazard safety.
  • (d)When a finding is detected, during oversight or by any other means, the Competent Authority shall, without prejudice to any additional action required by Regulation (EC) No 216/2008 and its Implementing Rules, communicate the finding to the aerodrome operator or the provider of apron management services in writing and request corrective action to address the non-compliance(s) identified.
  • (1) In the case of level 1 findings, the Competent Authority shall take immediate and appropriate action to prohibit or limit activities, and if appropriate, it shall take action to revoke the certificate or to deregister the declaration, or to limit or suspend the certificate or declaration in whole or in part, depending upon the extent of the finding, until successful corrective action has been taken by the aerodrome operator or by the provider of apron management services.
  • (2) In the case of level 2 findings, the Competent Authority shall:
  • (a) grant the aerodrome operator or the provider of apron management services a corrective action implementation period included in an action plan appropriate to the nature of the finding; and
  • (b) assess the corrective action and implementation plan proposed by the aerodrome operator or the provider of apron management services and, if the assessment concludes that they are sufficient to address the non-compliance(s), accept these.
  • (3) Where the aerodrome operator or the provider of apron management services fails to submit an acceptable corrective action plan, or to perform the corrective action within the time period accepted or extended by the Competent Authority, the finding shall be raised to a level 1 finding, and action taken as laid down in point (d)(1).
  • (4) The Competent Authority shall record all findings it has raised and where applicable, the enforcement measures it has applied, as well as all corrective actions and date of action closure for findings.
  • (e)For those cases not requiring level 1 or level 2 findings, the Competent Authority may issue observations.
  • (f)Any findings issued with regard to an organisation responsible for the provision of AMS or any observations made to the organisation responsible for the provision of AMS shall be notified by the Competent Authority to the operator of the aerodrome where such service is provided.
ADR.AR.C.060 Change of aerodrome operator

Upon receiving an application for the change of an aerodrome operator, in accordance with point ADR.OR.B.060, the Competent Authority shall:

  • (a) issue the new certificate(s) in accordance with point ADR.AR.C.035;
  • (b) revoke the previous certificate(s).

ANNEX III

Part Organisation Requirements (Part-ADR.OR)

SUBPART A — GENERAL REQUIREMENTS (ADR.OR.A)

ADR.OR.A.005 Scope

This Annex establishes the requirements to be followed by:

  • (a) an aerodrome operator subject to Regulation (EC) No 216/2008 with respect to its certification, management, manuals and other responsibilities; and
  • (b) a provider of apron management services.
ADR.OR.A.010 Competent Authority

For the purpose of this Part, the Competent Authority shall be the one designated by the Member State where the aerodrome is located.

ADR.OR.A.015 Means of compliance
  • (a)Alternative means of compliance to those adopted by the Agency may be used by an aerodrome operator or an apron management service provider to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.
  • (b)When an aerodrome operator or an apron management service provider wishes to use an alternative means of compliance to the Acceptable Means of Compliance (AMC) adopted by the Agency to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules, it shall, prior to implementing it, provide the Competent Authority with a full description of the alternative means of compliance. The description shall include any revisions to manuals or procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.
  • The aerodrome operator or the provider of apron management services may implement these alternative means of compliance subject to prior approval by the Competent Authority and upon receipt of the notification, as prescribed in ADR.AR.A.015(d).
  • (c)Where apron management services are not provided by the aerodrome operator itself, the use of alternative means of compliance by providers of such services in accordance with (a) and (b), shall also require prior agreement by the operator of the aerodrome where such services are provided.

SUBPART B – CERTIFICATION – AERODROMES AND AERODROME OPERATORS (ADR.OR.B)

ADR.OR.B.005 Certification obligations of aerodromes and aerodrome operators

Prior to commencing the operation of an aerodrome or when an exemption in accordance with Article 5 has been revoked, the aerodrome operator shall obtain the applicable certificate(s) issued by the Competent Authority.

ADR.OR.B.015 Application for a certificate
  • (a)The application for a certificate shall be made in a form and manner established by the Competent Authority.
  • (b)The applicant shall provide the Competent Authority with the following:
  • (1) its official name and business name, address, and mailing address;
  • (2) information and data regarding:
  • (i) the location of the aerodrome;
  • (ii) the type of operations at the aerodrome and the associated airspace; and
  • (iii) the design and facilities of the aerodrome, in accordance with the applicable certification specifications established by the Agency;
  • (3) any proposed deviations from the identified applicable certification specifications established by the Agency;
  • (4) documentation demonstrating how it will comply with the applicable requirements established in Regulation (EC) No 216/2008 and its Implementing Rules. Such documentation shall include a procedure, contained in the aerodrome manual, describing how changes not requiring prior approval will be managed and notified to the Competent Authority; subsequent changes to this procedure shall require prior approval by the Competent Authority;
  • (5) evidence of adequacy of resources to operate the aerodrome in accordance with the applicable requirements;
  • (6) documented evidence showing the relationship of the applicant with the aerodrome owner and/or the land owner;

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