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

Article 1

Subject matter and scope

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 (¹) as set out in Annexes II and III.

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

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.

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.

Article 6

Conversion of certificates

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.

Article 7

Deviations from certification specifications

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.

Article 8

Safeguarding of aerodrome surroundings

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

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.

Article 11

Entry into force and application

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:

— between aircraft, and — in the manoeuvring area between aircraft and obstructions; and

(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:

(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;