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) (c. 139)

ANNEX III U.K. Part Organisation Requirements — Aerodrome Operators (Part-ADR.OR)

SUBPART B — CERTIFICATION (ADR.OR.B) U.K.

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

Prior to commencing the operation of an aerodrome or when an exemption in accordance with Article 5 has been revoked, the aerodrome operator shall obtain the applicable certificate(s) issued by the [F1 CAA].

Textual Amendments

F1 Word in Annex 3 Subpart B (ADR.OR.B) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 421(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

ADR.OR.B.015 Application for a certificate U.K.

(a) The application for a certificate shall be made in a form and manner established by the [F1 CAA]. U.K.

(b) The applicant shall provide the [F1 CAA] with the following: U.K.

(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

(iii)

the design and facilities of the aerodrome, in accordance with the applicable certification specifications established by the [F2 CAA];

(3)

any proposed deviations from the identified applicable certification specifications established by the [F2 CAA];

(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 [F1 CAA]; subsequent changes to this procedure shall require prior approval by the [F1 CAA];

(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;

(7)

the name of and relevant information about the accountable manager and the other nominated persons required by ADR.OR.D.015; and

(8)

a copy of the aerodrome manual required by ADR.OR.E.005.

Textual Amendments

F2 Word in Annex 3 point ADR.OR.B.015(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 421(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(c) If acceptable to the [F1 CAA], information under points (7) and (8) may be provided at a later stage determined by the [F1 CAA], but prior to the issuance of the certificate. U.K.

ADR.OR.B.025 Demonstration of compliance U.K.

(a) The aerodrome operator shall: U.K.

(1)

perform and document all actions, inspections, tests, safety assessments or exercises necessary, and shall demonstrate to the [F1 CAA]:

(i)

compliance with the notified certification basis, the certification specifications applicable to a change, any safety directive, as appropriate, and the applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules;

(ii)

that the aerodrome, as well as its obstacle limitation and protection surfaces and other areas associated with the aerodrome, have no features or characteristics making it unsafe for operation; and

(iii)

that the flight procedures of the aerodrome have been approved.

(2)

provide to the [F1 CAA] the means by which compliance has been demonstrated; and

(3)

declare to the [F1 CAA] its compliance with point (a)(1).

(b) Relevant design information, including drawings, inspection, test and other relevant reports, shall be held and kept by the aerodrome operator at the disposal of the [F1 CAA], in accordance with the provisions of ADR.OR.D.035 and provided on request to the [F1 CAA]. U.K.

ADR.OR.B.030 Terms of the certificate and privileges of the certificate holder U.K.

An aerodrome operator shall comply with the scope and privileges defined in the terms of the certificate attached to it.

ADR.OR.B.035 Continued validity of a certificate U.K.

(a) A certificate shall remain valid subject to: U.K.

(1)

the aerodrome operator remaining in compliance with the relevant requirements of Regulation (EC) No 216/2008, and its Implementing Rules, and the aerodrome remaining in compliance with the certification basis, taking into account the provisions related to the handling of findings as specified under ADR.OR.C.020;

(2)

the [F1 CAA] being granted access to the aerodrome operator’s organisation as defined in ADR.OR.C.015 to determine continued compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules; and

(3)

the certificate not being surrendered or revoked.

(b) Upon revocation or surrender, the certificate shall be returned to the [F1 CAA] without delay. U.K.

ADR.OR.B.037 Continued validity of a declaration of a provider of apron management services U.K.

A declaration made by a provider of apron management services in accordance with ADR.OR.B.060 shall remain valid subject to:

(a)

the provider of apron management services and the related facilities remaining in compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules, taking into account the provisions related to the handling of findings as specified under ADR.OR.C.020;

(b)

the [F1 CAA] being granted access to the apron management services provider’s organisation as defined in ADR.OR.C.015 to determine continued compliance with the relevant requirements of Regulation (EC) No 216/2008 and its Implementing Rules; and

(c)

the declaration not being withdrawn by the provider of such services or deregistered by the [F1 CAA].

ADR.OR.B.040 Changes U.K.

(a) Any change: U.K.

(1)

affecting the terms of the certificate, its certification basis and safety-critical aerodrome equipment; or

(2)

significantly affecting elements of the aerodrome operator’s management system as required in ADR.OR.D.005(b)

shall require prior approval by the [F1 CAA].

(b) For other changes requiring prior approval in accordance with Regulation (EC) No 216/2008 and its Implementing Rules, the aerodrome operator shall apply for and obtain an approval issued by the [F1 CAA]. U.K.

(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 [F1 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. U.K.

The change shall only be implemented upon receipt of formal approval by the [F1 CAA] in accordance with ADR.AR.C.040.

During the changes, the aerodrome operator shall operate under the conditions approved by the [F1 CAA].

(d) Changes not requiring prior approval shall be managed and notified to the [F1 CAA] as defined in the procedure approved by the [F1 CAA] in accordance with ADR.AR.C.035(h). U.K.

(e) The aerodrome operator shall provide the [F1 CAA] with the relevant documentation in accordance with point (f) and ADR.OR.E.005. U.K.

(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: U.K.

(1)

determine the interdependencies with any affected parties, plan and conduct a safety assessment in coordination with these organisations;

(2)

align assumptions and mitigations with any affected parties, in a systematic way;

(3)

ensure a comprehensive assessment of the change including any necessary interactions; and

(4)

ensure that complete and valid arguments, evidence and safety criteria are established and documented to support the safety assessment, and that the change supports the improvement of safety whenever reasonably practicable.

ADR.OR.B.050 Continuing compliance with the [F3 CAA's] certification specifications U.K.

The aerodrome operator, following an amendment of the certification specifications established by the [F4 CAA], shall:

Textual Amendments

F4 Word in Annex 3 point ADR.OR.B.050 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 421(3)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(a)

perform a review to identify any certification specifications which are applicable to the aerodrome; and

(b)

if relevant, initiate a change process in accordance with ADR.OR.B.040 and implement the necessary changes at the aerodrome.

Textual Amendments

F3 Word in Annex 3 point ADR.OR.B.050 heading substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 421(3)(c)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

ADR.OR.B.060 Declaration of providers of apron management services U.K.

(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: U.K.

(1)

provide the [F1 CAA] with all relevant information and declare its compliance with all applicable requirements of Regulation (EC) No 216/2008 and its Implementing Rules, using a form established by the [F1 CAA];

(2)

provide the [F1 CAA] with a list of the alternative means of compliance used, in accordance with ADR.OR.A.015(b);

(3)

maintain compliance with the applicable requirements and with the information given in the declaration;

(4)

notify the [F1 CAA] of any changes to its declaration or the means of compliance it uses through submission of an amended declaration; and

(5)

provide its services in accordance with the aerodrome manual and comply with all relevant provisions contained therein.

(b) Before ceasing the provision of such services, the provider of apron management services shall notify the [F1 CAA] and the aerodrome operator. U.K.

ADR.OR.B.065 Termination of operation U.K.

An operator intending to terminate the operation of an aerodrome shall:

(a)

notify the [F1 CAA] as soon as possible;

(b)

provide such information to the appropriate Aeronautical Information Service provider;

(c)

surrender the certificate to the [F1 CAA] upon the date of termination of operation; and

(d)

ensure that appropriate measures have been taken to avoid the unintended use of the aerodrome by aircraft, unless the [F1 CAA] has approved the use of the aerodrome for other purposes.