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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)

EU Regulation No 139/2014 · Adopted 12 February 2014 · Extends to United Kingdom

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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)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/ECf1, amended by Regulation (EC) No 1108/2009f2, and in particular Article 8a(5) thereof,

Whereas:

(1)

Regulation (EC) No 216/2008 aims at establishing and maintaining a high uniform level of civil aviation safety in Europe.

(2)

The implementation of Regulation (EC) No 216/2008 requires the establishment of detailed Implementing Rules, in particular concerning the safety regulation of aerodromes, in order to maintain a high uniform level of civil aviation safety in the Union while pursuing the objective of an overall improvement in aerodrome safety.

(3)

It requires the Commission to adopt the necessary Implementing Rules for establishing the conditions for the design and safe operation of aerodromes referred to in Article 8a(5) before 31 December 2013.

(4)

In order to ensure a smooth transition and a high level of civil aviation safety in the Union, the Implementing Rules should reflect the state of the art and the best practices in the field of aerodromes; take into account the applicable International Civil Aviation Organization (hereinafter referred to as ‘ICAO’) Standards and Recommended Practices, thereby respecting ICAO’s respective classification throughout the system of rules; and worldwide aerodrome operation experience, and scientific and technical progress in the field of aerodromes; be proportionate to the size, traffic, category and complexity of the aerodrome and nature and volume of operations thereon; provide for the necessary flexibility for customised compliance; and cater for the cases of aerodrome infrastructure which has been developed, prior to the entry into force of this Regulation, in accordance with the different requirements contained in the national legislations of the Member States.

(5)

It is necessary to provide sufficient time for the aerodrome industry and Member States administrations to adapt to the new regulatory framework and to verify the continued validity of certificates issued before the entry into force of this Regulation.

(6)

With a view to ensuring uniformity in the application of common requirements, it is essential that common standards be applied by the Competent Authorities and, where applicable, the European Aviation Safety Agency (‘the Agency’) when assessing compliance with these requirements; the Agency should develop Acceptable Means of Compliance and Guidance Material to facilitate the necessary regulatory uniformity. The common requirements should cater for identical processes within the competent authorities across the different aviation domains. They should not prevent, however, the application of slightly different processes if and where necessary or beneficial, for example in the case of separate overseeing entities for aerodromes and air operations. The safety objective of these requirements should remain unaffected by the different ways of technical compliance.

(7)

With regard to obstacle management in the aerodrome surroundings as well as to other activities taking place outside the aerodrome’s boundary, each Member State may designate different authorities and other entities in charge of monitoring, assessment and mitigation risks. The aim of this Regulation is not to change current allocation of tasks within the Member State. However, a seamless organisation of the competences regarding the safeguarding of aerodrome surroundings and the monitoring and mitigating of risk caused by human activities should be ensured in each Member State. It should therefore be ensured that authorities which are entrusted with responsibilities of safeguarding the surrounding of aerodromes have the adequate competencies to fulfil their obligations.

(8)

Specific services referred to in subpart B of Annex IV (Part ADR.OPS) should be provided at an aerodrome. In some cases these services are not directly provided by the aerodrome operator, but by another organisation or State entity, or combination of both. In such cases the aerodrome operator, being responsible for the operation of the aerodrome, should have arrangements and interfaces with these organisations or entities in place to ensure the provision of services according to the requirements stated in Annex IV. When such arrangements and interfaces are in place the aerodrome operator should be considered as having discharged their responsibility and should not be understood to be directly responsible or liable for any non-compliances by another entity involved in the arrangement, provided that it has complied with all applicable requirements and obligations laid down in this Regulation relevant to its responsibility under the arrangement.

(9)

Regulation (EC) No 216/2008 only concerns aerodrome certificates to be issued by Competent Authorities in so far as safety aspects are concerned. Therefore, non-safety related aspects of existing national aerodrome certificates remain unaffected.

(10)

The measures provided for in this Regulation are based on the Opinion issued by the Agency in accordance with Article 17(2)(b) and Article 19(1) of Regulation (EC) No 216/2008.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 65 of Regulation (EC) No 216/2008,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 79, 13.3.2008, p. 1.

f2

OJ L 309, 24.11.2009, p. 51.

Contents

  1. 1Subject matter and scope
  2. 2Definitions
  3. 3Oversight of aerodromes
  4. 4Information to the European Aviation Safety Agency Repealed
  5. 5Exemptions
  6. 6Conversion of certificates Repealed
  7. 7Deviations from certification specifications
  8. 8Safeguarding of aerodrome surroundings
  9. 9Monitoring of aerodrome surroundings
  10. 10Wildlife hazard management
  11. 11Entry into force and application
  12. Signature
  13. Annex IDefinitions for terms used in Annexes II to IV
  14. Annex II: Part Authority Requirements — Aerodromes (Part-ADR.AR)
  15. SUBPART A — GENERAL REQUIREMENTS (ADR.AR.A)
  16. ADR.AR.A.001 Scope
  17. ADR.AR.A.005 CAA
  18. ADR.AR.A.010 Oversight documentation
  19. (a)Division (a)
  20. (b)Division (b)
  21. ADR.AR.A.015 Means of compliance
  22. (a)Division (a)
  23. (b)Division (b)
  24. (c)Division (c)
  25. (d)The CAA shall evaluate the alternative means of compliance proposed by an aerodrome operator or a provider of apron management services, in accordance with ADR.OR.A.015, by analysing the documentation provided and, if considered necessary, conducting an inspection of the aerodrome operator, the aerodrome or the provider of apron management services.
  26. (e)Division (e)
  27. ADR.AR.A.025 Information to the Agency
  28. Division
  29. ADR.AR.A.030 Immediate reaction to a safety problem
  30. (a)Division (a)
  31. (b)Division (b)
  32. (c)Division (c)
  33. (d)Division (d)
  34. ADR.AR.A.040 Safety directives
  35. (a)Division (a)
  36. (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:
  37. (c)Division (c)
  38. (d)Division (d)
  39. SUBPART B — MANAGEMENT (ADR.AR.B)
  40. ADR.AR.B.005 Management system
  41. (a)The CAA shall establish and maintain a management system, including as a minimum:
  42. (b)Division (b)
  43. (c)Division (c)
  44. ADR.AR.B.010 Allocation of tasks to qualified entities
  45. (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 the CAA only to qualified entities. When allocating tasks, the CAA shall ensure that it has:
  46. (b)Division (b)
  47. ADR.AR.B.015 Changes to the management system
  48. (a)Division (a)
  49. (b)Division (b)
  50. (c)Division (c)
  51. ADR.AR.B.020 Record keeping
  52. (a)The CAA shall establish a system of record keeping providing for adequate storage, accessibility and reliable traceability of:
  53. (b)Division (b)
  54. (c)Division (c)
  55. (d)Division (d)
  56. SUBPART C — OVERSIGHT, CERTIFICATION AND ENFORCEMENT (ADR.AR.C)
  57. ADR.AR.C.005 Oversight
  58. (a)The CAA shall verify:
  59. (b)This verification shall:
  60. (c)Division (c)
  61. (d)Division (d)
  62. (e)Division (e)
  63. ADR.AR.C.010 Oversight programme
  64. (a)The CAA shall for each aerodrome operator and provider of apron management services declaring their activity to the CAA:
  65. (b)Division (b)
  66. (c)Division (c)
  67. (d)Division (d)
  68. ADR.AR.C.015 Initiation of certification process
  69. (a)Division (a)
  70. (b)Division (b)
  71. (c)Division (c)
  72. ADR.AR.C.020 Certification basis
  73. ADR.AR.C.025 Special conditions
  74. (a)The CAA shall prescribe special detailed technical specifications, named special conditions, for an aerodrome, if the related certification specifications issued by the CAA 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:
  75. (b)Division (b)
  76. ADR.AR.C.035 Issuance of certificates
  77. (a)Division (a)
  78. (b)The CAA shall issue either:
  79. (c)Division (c)
  80. (d)Division (d)
  81. (e)Division (e)
  82. (f)Division (f)
  83. (g)Division (g)
  84. (h)Division (h)
  85. ADR.AR.C.040 Changes
  86. (a)Upon receiving an application for a change, in accordance with ADR.OR.B.40, that requires prior approval, the CAA shall assess the application and, if relevant, notify the aerodrome operator of:
  87. (b)Division (b)
  88. (c)Division (c)
  89. (d)Division (d)
  90. (e)Division (e)
  91. (f)For changes not requiring prior approval, the CAA 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 CAA shall:
  92. ADR.AR.C.050 Declarations of providers of apron management services
  93. (a)Division (a)
  94. (b)Division (b)
  95. (c)Division (c)
  96. ADR.AR.C.055 Findings, observations, corrective actions and enforcement measures
  97. (a)Division (a)
  98. (b)A level 1 finding shall be issued by the CAA 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.
  99. (c)Division (c)
  100. (d)When a finding is detected, during oversight or by any other means, the CAA 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.
  101. (e)Division (e)
  102. Annex III: Part Organisation Requirements — Aerodrome Operators (Part-ADR.OR)
  103. SUBPART A — GENERAL REQUIREMENTS (ADR.OR.A)
  104. ADR.OR.A.005 Scope
  105. ADR.OR.A.010 Competent Authority
  106. ADR.OR.A.015 Means of compliance
  107. (a)Division (a)
  108. (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 CAA to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules, it shall, prior to implementing it, provide the CAA 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.
  109. (c)Division (c)
  110. SUBPART B — CERTIFICATION (ADR.OR.B)
  111. ADR.OR.B.005 Certification obligations of aerodromes and aerodrome operators
  112. ADR.OR.B.015 Application for a certificate
  113. (a)Division (a)
  114. (b)The applicant shall provide the CAA with the following:
  115. (c)Division (c)
  116. ADR.OR.B.025 Demonstration of compliance
  117. (a)The aerodrome operator shall:
  118. (b)Division (b)
  119. ADR.OR.B.030 Terms of the certificate and privileges of the certificate holder
  120. ADR.OR.B.035 Continued validity of a certificate
  121. (a)A certificate shall remain valid subject to:
  122. (b)Division (b)
  123. ADR.OR.B.037 Continued validity of a declaration of a provider of apron management services
  124. ADR.OR.B.040 Changes
  125. (a)Any change:
  126. (b)Division (b)
  127. (c)The application for a change in accordance with point (a) or (b) shall be submitted before any such change takes place, in order to enable the CAA to determine continued compliance with Regulation (EC) No 216/2008 and its Implementing Rules and to amend, if necessary, the certificate and related terms of the certificate attached to it.
  128. (d)Division (d)
  129. (e)Division (e)
  130. (f)As part of its management system, as defined in ADR.OR.D.005, the aerodrome operator proposing a change to the aerodrome, its operation, its organisation or its management system shall:
  131. ADR.OR.B.050 Continuing compliance with the CAA's certification specifications
  132. ADR.OR.B.060 Declaration of providers of apron management services
  133. (a)Providers of apron management services that have been allowed to declare their capability and means of discharging the responsibilities associated with the provision of such services, and following an agreement with an aerodrome operator for the provision of such services at an aerodrome, shall:
  134. (b)Division (b)
  135. ADR.OR.B.065 Termination of operation
  136. SUBPART C — ADDITIONAL AERODROME OPERATOR RESPONSIBILITIES (ADR.OR.C)
  137. ADR.OR.C.005 Aerodrome operator responsibilities
  138. (a)The aerodrome operator is responsible for the safe operation and maintenance of the aerodrome in accordance with:
  139. (b)The aerodrome operator shall ensure directly, or coordinate through arrangements as required with the accountable entities providing the following services:
  140. (c)The aerodrome operator shall coordinate with the CAA to ensure that relevant information for the safety of aircraft is contained in the aerodrome manual and is published where appropriate. This shall include:
  141. (d)Division (d)
  142. (e)Division (e)
  143. ADR.OR.C.015 Access
  144. ADR.OR.C.020 Findings and corrective actions
  145. ADR.OR.C.025 Immediate reaction to a safety problem — compliance with safety directives
  146. ADR.OR.C.030 Occurrence reporting
  147. (a)Division (a)
  148. (b)Division (b)
  149. (c)Division (c)
  150. (d)Division (d)
  151. (e)Division (e)
  152. ADR.OR.C.040 Prevention of fire
  153. ADR.OR.C.045 Use of alcohol, psychoactive substances and medicines
  154. (a)The aerodrome operator shall establish procedures on the level of consumption of alcohol, psychoactive substances and medicines by:
  155. (b)These procedures shall include the requirements that such persons shall:
  156. SUBPART D — MANAGEMENT (ADR.OR.D)
  157. ADR.OR.D.005 Management system
  158. (a)Division (a)
  159. (b)The management system shall include:
  160. (c)Division (c)
  161. (d)Division (d)
  162. (e)Division (e)
  163. ADR.OR.D.007 Management of aeronautical data and aeronautical information
  164. (a)As part of its management system, the aerodrome operator shall implement and maintain a quality management system covering the following activities:
  165. (b)Division (b)
  166. (c)The security management system of the aerodrome operator shall define the following elements:
  167. (d)Division (d)
  168. (e)Division (e)
  169. ADR.OR.D.010 Contracted activities
  170. (a)Division (a)
  171. (b)Division (b)
  172. ADR.OR.D.015 Personnel requirements
  173. (a)Division (a)
  174. (b)The aerodrome operator shall nominate persons responsible for the management and supervision of the following areas:
  175. (c)The aerodrome operator shall nominate a person or group of persons responsible for the development, maintenance and day-to-day management of the safety management system.
  176. (d)Division (d)
  177. (e)Division (e)
  178. (f)Division (f)
  179. ADR.OR.D.017 Training and proficiency check programmes
  180. (a)Division (a)
  181. (b)Division (b)
  182. (c)Division (c)
  183. (d)The aerodrome operator shall ensure that:
  184. (e)The aerodrome operator shall:
  185. ADR.OR.D.020 Facilities requirements
  186. (a)Division (a)
  187. (b)Division (b)
  188. ADR.OR.D.025 Coordination with other organisations
  189. ADR.OR.D.027 Safety programmes
  190. ADR.OR.D.030 Safety reporting system
  191. (a)Division (a)
  192. (b)The aerodrome operator, in accordance with ADR.OR.D.005 (b)(3), shall:
  193. (c)Division (c)
  194. (d)The aerodrome operator shall:
  195. ADR.OR.D.035 Record keeping
  196. (a)Division (a)
  197. (b)Division (b)
  198. (c)Division (c)
  199. (d)Records shall be kept for a minimum of five years, except that the below records shall be kept as follows:
  200. (e)Division (e)
  201. SUBPART E — AERODROME MANUAL AND DOCUMENTATION (ADR.OR.E)
  202. ADR.OR.E.005 Aerodrome manual
  203. (a)Division (a)
  204. (b)Division (b)
  205. (c)Division (c)
  206. (d)Division (d)
  207. (e)The aerodrome operator shall:
  208. (f)Division (f)
  209. (g)The aerodrome operator shall:
  210. (h)Division (h)
  211. (i)The aerodrome operator shall ensure that:
  212. (j)The aerodrome operator shall ensure that the aerodrome manual:
  213. (k)Division (k)
  214. (l)The content of the aerodrome manual shall be as follows:
  215. ADR.OR.E.010 Documentation requirements
  216. (a)Division (a)
  217. (b)Division (b)
  218. Annex IV: Part Operations Requirements — Aerodromes (Part-ADR.OPS)
  219. SUBPART A — AERODROME DATA (ADR.OPS.A)
  220. ADR.OPS.A.005 Aerodrome data
  221. ADR.OPS.A.010 Data quality requirements
  222. ADR.OPS.A.015 Coordination between aerodrome operators and providers of aeronautical information services
  223. (a)To ensure that aeronautical information services providers obtain information to enable them to provide up-to-date pre-flight information and to meet the need for in-flight information, the aerodrome operator shall make arrangements to report to the relevant aeronautical information service providers, with a minimum of delay, the following:
  224. (b)Division (b)
  225. ADR.OPS.A.020 Common reference systems
  226. ADR.OPS.A.025 Data error detection and authentication
  227. ADR.OPS.A.030 Aeronautical data catalogue
  228. ADR.OPS.A.035 Data validation and verification
  229. ADR.OPS.A.040 Error handling requirements
  230. ADR.OPS.A.045 Metadata
  231. ADR.OPS.A.050 Data transmission
  232. ADR.OPS.A.055 Tools and software
  233. ADR.OPS.A.057 Origination of NOTAM
  234. (a)The aerodrome operator shall:
  235. (b)The aerodrome operator shall originate a NOTAM when it is necessary to provide the following information:
  236. (c)For the purposes of point (b), the aerodrome operator shall ensure that:
  237. (d)In addition, the aerodrome operator shall ensure that:
  238. The aerodrome operator shall, following the publication of a NOTAM that it has originated, review its content to ensure its accuracy, and ensure the dissemination of the information to all relevant aerodrome personnel and organisations at the aerodrome.
  239. (f)The aerodrome operator shall maintain records:
  240. ADR.OPS.A.060 Reporting of surface contaminants
  241. ADR.OPS.A.065 Reporting of the runway surface condition
  242. (a)The aerodrome operator shall report the runway surface condition over each third of the runway using a runway condition report (RCR). The report shall include a runway condition code (RWYCC) using numbers 0 to 6, the contaminant coverage and depth, and a description using the following terms:
  243. Reporting shall commence when a significant change in runway surface condition occurs due to water, snow, slush, ice or frost.
  244. Reporting of the runway surface condition shall continue to reflect significant changes until the runway is no longer contaminated. When that situation occurs, the aerodrome operator shall issue an RCR that states that the runway is wet or dry as appropriate.
  245. Friction measurements shall not be reported.
  246. When a paved runway or portion of a paved runway is slippery wet, the aerodrome operator shall make such information available to the relevant aerodrome users. That shall be done by originating a NOTAM and shall describe the location of the affected portion.
  247. SUBPART B — AERODROME OPERATIONAL SERVICES, EQUIPMENT AND INSTALLATIONS (ADR.OPS.B)
  248. ADR.OPS.B.001 Provision of services
  249. ADR.OPS.B.005 Aerodrome emergency planning
  250. ADR.OPS.B.010 Rescue and firefighting services
  251. (a)The aerodrome operator shall ensure that:
  252. (b)Division (b)
  253. (c)Division (c)
  254. (d)The aerodrome operator shall ensure that:
  255. (e)The aerodrome operator shall:
  256. (f)Division (f)
  257. ADR.OPS.B.015 Monitoring and inspection of movement area and related facilities
  258. (a)Division (a)
  259. (b)Division (b)
  260. ADR.OPS.B.020 Wildlife strike hazard reduction
  261. ADR.OPS.B.025 Operation of vehicles
  262. ADR.OPS.B.030 Surface movement guidance and control system
  263. ADR.OPS.B.035 Operations in winter conditions
  264. ADR.OPS.B.037 Assessment of runway surface condition and assignment of runway condition code
  265. ADR.OPS.B.040 Night operations
  266. ADR.OPS.B.045 Low visibility operations
  267. (a)Division (a)
  268. (b)Division (b)
  269. (c)Division (c)
  270. (d)Division (d)
  271. (e)Division (e)
  272. ADR.OPS.B.050 Operations in adverse weather conditions
  273. ADR.OPS.B.055 Fuel quality
  274. ADR.OPS.B.065 Visual aids and aerodrome electrical systems
  275. ADR.OPS.B.070 Aerodrome works safety
  276. (a)The aerodrome operator shall establish and implement procedures to ensure that:
  277. ADR.OPS.B.075 Safeguarding of aerodromes
  278. (a)The aerodrome operator shall monitor on the aerodrome and its surroundings:
  279. (b)Division (b)
  280. ADR.OPS.B.080 Marking and lighting of vehicles and other mobile objects
  281. ADR.OPS.B.090 Use of the aerodrome by higher code letter aircraft
  282. (a)Division (a)
  283. (b)Division (b)
  284. SUBPART C — AERODROME MAINTENANCE (ADR.OPS.C)
  285. ADR.OPS.C.005 General
  286. ADR.OPS.C.010 Pavements, other ground surfaces and drainage
  287. (a)Division (a)
  288. (b)The aerodrome operator shall:
  289. ADR.OPS.C.015 Visual aids and electrical systems