Regulation (EC) No 1108/2009 of the European Parliament and of the CouncilShow full title

ANNEX U.K.

‘ANNEX Va ESSENTIAL REQUIREMENTS FOR AERODROMES

A — Physical characteristics, infrastructure and equipment

1. Movement area

(a) Aerodromes shall have a designated area for the landing and take-off of aircraft, which satisfies the following conditions:

(i)

the landing and take-off area shall have dimensions and characteristics suitable for the aircraft intended to use the facility;

(ii)

the landing and take-off area, where applicable, shall have a bearing strength sufficient to support repetitive operations of the intended aircraft. Those areas not intended for repetitive operations only need to be capable of supporting the aircraft;

(iii)

the landing and take-off area shall be designed to drain water and to prevent standing water becoming an unacceptable risk to aircraft operations;

(iv)

the slope and slope changes of the landing and take-off area shall not create an unacceptable risk to aircraft operations;

(v)

the surface characteristics of the landing and take-off area shall be adequate for use by the intended aircraft; and

(vi)

the landing and take-off area shall be free from objects which might create an unacceptable risk to aircraft operations.

(b) Where there are several designated landing and take-off areas, they shall be such that they do not create an unacceptable risk to aircraft operations.

(c) The designated landing and take-off area shall be surrounded by defined areas. These areas are intended to protect aircraft flying over them during take-off or landing operations or to mitigate the consequences of undershooting, running off the side or overrunning the take-off and landing area, and shall satisfy the following conditions:

(i)

these areas shall have dimensions appropriate to the aircraft operations anticipated;

(ii)

the slope and slope changes of these areas shall not create an unacceptable risk to aircraft operations;

(iii)

these areas shall be free from objects which might create an unacceptable risk to aircraft operations. This should not preclude frangible equipment to be located in those areas, if required to assist aircraft operations; and

(iv)

each of these areas shall have a bearing strength sufficient to serve its purpose.

(d) Those areas of an aerodrome, with their associated immediate surroundings, that are to be used for taxiing or parking aircraft, shall be designed to permit safe operation of the aircraft expected to use the particular facility under all the conditions planned for, and shall satisfy the following conditions:

(i)

these areas shall have a bearing strength sufficient to support repetitive operations of the intended aircraft, except for areas which are expected for only occasional use which only need to be capable of supporting the aircraft;

(ii)

these areas shall be designed to drain water and to prevent standing water becoming an unacceptable risk to aircraft operations;

(iii)

the slope and slope changes of these areas shall not create an unacceptable risk to aircraft operations;

(iv)

the surface characteristics of these areas shall be adequate for use by the intended aircraft; and

(v)

these areas shall be free from objects which might create an unacceptable risk to aircraft. This should not preclude parking equipment required for that area in specifically identified positions or zones.

(e) Other infrastructure intended for use by aircraft shall be so designed that use of that infrastructure does not create an unacceptable risk to aircraft using it.

(f) Constructions, buildings, equipment or storage areas shall be located and designed so as not to create an unacceptable risk for aircraft operations.

(g) Suitable means shall be provided to prevent unauthorised persons, unauthorised vehicles or animals large enough to create an unacceptable risk to aircraft operations from entering the movement area, without prejudice to national and international animal protection provisions.

2. Obstacle clearances

(a) To protect aircraft proceeding to an aerodrome for landing, or for their departure from an aerodrome, arrival and departure routes or areas shall be established. Such routes or areas shall provide aircraft with the required clearance from obstacles located in the area surrounding the aerodrome taking due account of the local physical characteristics.

(b) Such obstacle clearance shall be appropriate to the phase of flight and type of operation being conducted. It shall also take into account the equipment being used for determining the position of the aircraft.

3. Visual and non-visual aids and aerodrome equipment

(a) AIDS shall be fit for purpose, recognisable and provide unambiguous information to users under all intended operational conditions.

(b) Aerodrome equipment shall function as intended under the foreseen operating conditions. Under operating conditions or in case of failure, aerodrome equipment shall not cause an unacceptable risk to aviation safety.

(c) The aids and their electrical power supply system shall be so designed that failures do not result in inappropriate, misleading or insufficient information being given to users or in interruption of an essential service.

(d) Suitable means of protection shall be provided to avoid damage or disturbance to such aids.

(e) Sources of radiation or the presence of moving or fixed objects shall not interfere with or adversely affect the performance of aeronautical communications, navigation and surveillance systems.

(f) Information on operation and use of aerodrome equipment shall be made available to relevant staff, including clear indications of the conditions which may create unacceptable risks to aviation safety.

4. Aerodrome data

(a) Data relevant to the aerodrome and the available services shall be established and kept up to date.

(b) The data shall be accurate, readable, complete and unambiguous. Appropriate integrity levels shall be maintained.

(c) The data shall be made available to the users and the relevant ANS providers in a timely manner, using a sufficiently secure and expeditious method of communication.

B — Operations and management

1. The aerodrome operator is responsible for operation of the aerodrome. The responsibilities of the aerodrome operator are as follows:

(a) the aerodrome operator shall have, directly or under contracts, all the means necessary to ensure safe operation of aircraft at the aerodrome. These means shall include, but are not limited to, facilities, personnel, equipment and material, documentation of tasks, responsibilities and procedures, access to relevant data and record-keeping;

(b) the aerodrome operator shall verify that the requirements of Section A are complied with at all times or take appropriate measures to mitigate the risks associated with non-compliance. Procedures shall be established and applied to make all users aware of such measures in a timely manner;

(c) the aerodrome operator shall establish and implement an appropriate aerodrome wildlife risk management programme;

(d) the aerodrome operator shall ensure that movements of vehicles and persons in the movement area and other operational areas are coordinated with movements of aircraft in order to avoid collisions and damage to aircraft;

(e) the aerodrome operator shall ensure that procedures to mitigate risks related to aerodrome operations in winter operation, adverse weather conditions, reduced visibility or at night, if applicable, are established and implemented;

(f) the aerodrome operator shall establish arrangements with other relevant organisations to ensure continuing compliance with these essential requirements for aerodromes. These organisations include, but are not limited to, aircraft operators, air navigation service providers, ground handling service providers and other organisations whose activities or products may have an effect on aircraft safety;

(g) the aerodrome operator, either by itself or by means of contracts with third parties, shall ensure that procedures exist to provide aircraft with fuel which is uncontaminated and of the correct specification;

(h) manuals for maintenance of aerodrome equipment shall be available, applied in practice and cover maintenance and repair instructions, servicing information, troubleshooting and inspection procedures;

(i) the aerodrome operator shall establish and implement an aerodrome emergency plan, covering emergency scenarios that may occur at the aerodrome or in its surroundings. This plan shall be coordinated, as appropriate, with the local community emergency plan;

(j) the aerodrome operator shall ensure that adequate aerodrome rescue and firefighting services are provided. Such services shall respond to an incident or accident with due urgency and shall include at least equipment, extinguishing agents and a sufficient number of personnel;

(k) the aerodrome operator shall use only trained and qualified personnel for aerodrome operations and maintenance and shall implement and maintain training and check programmes to ensure the continuing competence of all relevant personnel;

(l) the aerodrome operator shall ensure that any person permitted unescorted access to the movement area or other operational areas is adequately trained and qualified for such access;

(m) the rescue and firefighting personnel shall be properly trained and qualified to operate in the aerodrome environment. The aerodrome operator shall implement and maintain training and check programmes to ensure the continuing competence of this personnel; and

(n) all rescue and firefighting personnel potentially required to act in aviation emergencies shall periodically demonstrate their medical fitness to execute their functions satisfactorily, taking into account the type of activity. In this context, medical fitness, comprising both physical and mental fitness, means not suffering from any disease or disability which could make this personnel unable:

(i)

to execute the tasks necessary to operate in aviation emergencies;

(ii)

to perform their assigned duties at any time; or

(iii)

to perceive their environment correctly.

2. Management systems

(a) The aerodrome operator shall implement and maintain a management system to ensure compliance with these essential requirements for aerodromes and to aim for continuous and proactive improvement of safety. The management system shall include organisational structures, accountability, responsibilities, policies and procedures.

(b) The management system shall include an accident and incident prevention programme, including an occurrence-reporting and analysis scheme. The analysis shall involve the parties listed in point 1(f) above, as appropriate.

(c) The aerodrome operator shall develop an aerodrome manual and operate in accordance with that manual. Such manuals shall contain all necessary instructions, information and procedures for the aerodrome, the management system and for operations personnel to perform their duties.

C — Aerodrome surroundings

1. The airspace around aerodrome movement areas shall be safeguarded from obstacles so as to permit the intended aircraft operations at the aerodromes without creating an unacceptable risk caused by the development of obstacles around the aerodrome. Obstacle monitoring surfaces shall therefore be developed, implemented and continuously monitored to identify any infringing penetration.

(a)

Any infringement of these surfaces will require an assessment to identify whether or not the object creates an unacceptable risk. Any object posing an unacceptable risk shall be removed or appropriate mitigating action shall be taken to protect aircraft using the aerodrome.

(b)

Any remaining such obstacles shall be published and, depending on the need, shall be marked and, where necessary, made visible by means of lights.

2. Hazards related to human activities and land use, such as, but not limited to, items on the following list, shall be monitored. The risk caused by them shall be assessed and mitigated as appropriate:

(a)

any development or change in land use in the aerodrome area;

(b)

the possibility of obstacle-induced turbulence;

(c)

the use of hazardous, confusing and misleading lights;

(d)

the dazzling caused by large and highly reflective surfaces;

(e)

the creation of areas that might encourage wildlife activity in the surroundings of the aerodrome movement area;

(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.

3. A local community emergency plan shall be established for aviation emergency situations occurring in the aerodrome local area.

D — Others

Except for aircraft emergency situations, when diverting to an alternate aerodrome, or under other conditions specified in each case, an aerodrome or parts thereof shall not be used by aircraft for which the aerodrome design and operating procedures are not normally intended.

ANNEX Vb ESSENTIAL REQUIREMENTS FOR ATM/ANS AND AIR TRAFFIC CONTROLLERS

1. Use of the airspace

(a) All aircraft, excluding those engaged in the activities referred to in Article 1(2)(a), in all phases of flight or on the movement area of an aerodrome, shall be operated in accordance with common general operating rules and any applicable procedure specified for use of that airspace.

(b) All aircraft, excluding those engaged in the activities referred to in Article 1(2)(a), shall be equipped with the required constituents and operated accordingly. Constituents used in the ATM/ANS system shall also comply with the requirements in point 3.

2. Services

(a) Aeronautical information and data for airspace users for the purpose of air navigation

(i) The data used as a source for aeronautical information shall be of sufficient quality, complete, current and provided in a timely manner.

(ii) Aeronautical information shall be accurate, complete, current, unambiguous and be of adequate integrity in a suitable format for users.

(iii) The dissemination of such aeronautical information to airspace users shall be timely and use sufficiently reliable and expeditious means of communication protected from interference and corruption.

(b) Meteorological information

(i) The data used as a source for aeronautical meteorological information shall be of sufficient quality, complete and current.

(ii) To the extent possible, aeronautical meteorological information shall be precise, complete, current, be of adequate integrity and unambiguous in order to meet the needs of airspace users.

(iii) The dissemination of such aeronautical meteorological information to airspace users shall be timely and use sufficiently reliable and expeditious means of communication protected from interference and corruption.

(c) Air traffic services

(i) The data used as a source for the provision of air traffic services shall be correct, complete and current.

(ii) Air traffic services shall be sufficiently precise, complete, current, and unambiguous to meet the safety needs of users.

(iii) Automated tools providing information or advice to users shall be properly designed, manufactured and maintained to ensure that they are fit for their intended purpose.

(iv) Air traffic control services and related processes shall provide for adequate separation between aircraft and, where appropriate, assist in protection from obstacles and other airborne hazards and shall ensure prompt and timely coordination with all relevant users and adjacent volumes of airspace.

(v) Communication between air traffic services and aircraft and between relevant air traffic services units shall be timely, clear, correct and unambiguous, protected from interference and commonly understood and, if applicable, acknowledged by all actors involved.

(vi) Means shall be in place to detect possible emergencies and, when appropriate, to initiate effective search and rescue action. Such means shall, as a minimum, comprise appropriate alerting mechanisms, coordination measures and procedures, means and personnel to cover the area of responsibility efficiently.

(d) Communication services

Communication services shall achieve and maintain sufficient performance with regard to their availability, integrity, continuity and timeliness. They shall be expeditious and protected from corruption.

(e) Navigation service

Navigation services shall achieve and maintain a sufficient level of performance with regard to guidance, positioning and, when provided, timing information. The performance criteria include accuracy, integrity, availability and continuity of the service.

(f) Surveillance service

Surveillance services shall determine the respective position of aircraft in the air and of other aircraft and ground vehicles on the aerodrome surface, with sufficient performance with regard to their accuracy, integrity, continuity and probability of detection.

(g) Air traffic flow management

The tactical management of air traffic flows at Community level shall use and provide sufficiently precise and current information of the volume and nature of the planned air traffic affecting service provision and shall coordinate and negotiate re-routing or delaying traffic flows in order to reduce the risk of overloading situations occurring in the air or at the aerodromes.

(h) Airspace management

The designation of specific volumes of airspace for a certain use shall be monitored, coordinated and promulgated in a timely manner in order to reduce the risk of loss of separation between aircraft in all circumstances.

(i) Airspace design

Airspace structures and flight procedures shall be properly designed, surveyed and validated before they can be deployed and used by aircraft.

3. Systems and constituents

(a) General

ATM/ANS systems and constituents providing related information to and from the aircraft and on the ground shall be properly designed, manufactured, installed, maintained and operated to ensure that they are fit for their intended purpose.

(b) System and constituent integrity, performance and reliability

The integrity and safety-related performance of systems and constituents whether on aircraft, on the ground or in space, shall be fit for their intended purpose. They shall meet the required level of operational performance for all their foreseeable operating conditions and for their whole operational life.

(c) Design of systems and constituents

(i) Systems and constituents shall be designed to meet applicable safety requirements.

(ii) Systems and constituents, considered collectively, separately and in relation to each other, shall be designed in such a way that an inverse relationship exists between the probability that any failure can result in a total system failure and the severity of its effect on the safety of services.

(iii) Systems and constituents, considered individually and in combination with each other, shall be designed taking into account limitations related to human capabilities and performance.

(iv) Systems and constituents shall be designed in a manner that protects them from unintended harmful interactions with external elements.

(v) Information needed for manufacturing installation, operation and maintenance of the systems and constituents as well as information concerning unsafe conditions shall be provided to personnel in a clear, consistent and unambiguous manner.

(d) Continuing level of service

Safety levels of systems and constituents shall be maintained during service and any modifications to service.

4. Qualification of air traffic controllers

(a) General

A person undertaking training as an air traffic controller or as a student air traffic controller, shall be sufficiently mature educationally, physically and mentally to acquire, retain and demonstrate the relevant theoretical knowledge and practical skill.

(b) Theoretical knowledge

(i) An air traffic controller shall acquire and maintain a level of knowledge appropriate to the functions exercised and proportionate to the risks associated with the type of service.

(ii) Acquisition and retention of theoretical knowledge shall be demonstrated by continuous assessment during training, or by appropriate examinations.

(iii) An appropriate level of theoretical knowledge shall be maintained. Compliance shall be demonstrated by regular assessments or examinations. The frequency of examinations shall be proportionate to the level of risk associated with the type of service.

(c) Practical skill

(i) An air traffic controller shall acquire and maintain the practical skills appropriate to exercise his/her functions. Such skills shall be proportionate to the risks associated with the type of service and shall cover at least, if appropriate to the functions exercised, the following items:

i.

operational procedures;

ii.

task specific aspects;

iii.

abnormal and emergency situations; and

iv.

human factors.

(ii) An air traffic controller shall demonstrate the ability to perform the associated procedures and tasks with a level of competence appropriate to the functions exercised.

(iii) A satisfactory level of competence in practical skill shall be maintained. Compliance shall be verified by regular assessments. The frequency of these assessments shall be proportionate to the complexity and the level of risk associated with the type of service and the tasks performed.

(d) Language proficiency

(i) An air traffic controller shall demonstrate proficiency to speak and understand English to the extent he/she is able to communicate effectively in voice-only (telephone/radiotelephone) and in face-to-face situations on concrete and work-related topics, including in emergency situations.

(ii) Whenever necessary in a defined volume of airspace for ATS service provision purposes, an air traffic controller shall also have proficiency to speak and understand the national language(s) to the extent described above.

(e) Synthetic training devices (STD)

When an STD is used for practical training on situational awareness and human factors or to demonstrate that skills are acquired or maintained, it shall have a level of performance that allows adequate simulation of the working environment and operational situations appropriate to the training provided.

(f) Training course

(i) Training shall be given by a training course, which may comprise theoretical and practical instruction, including training on an STD, if applicable.

(ii) A course shall be defined and approved for each type of training.

(g) Instructors

(i) Theoretical instruction shall be given by appropriately qualified instructors. They shall:

i.

have appropriate knowledge in the field where instruction is to be given; and

ii.

have demonstrated the ability to use appropriate instructional techniques.

(ii) Instruction on practical skills shall be given by appropriately qualified instructors, who have the following qualifications:

i.

meet the theoretical knowledge and the experience requirements appropriate to the instruction being given;

ii.

have demonstrated the ability to instruct and to use appropriate instructional techniques;

iii.

have practised instructional techniques in those procedures in which it is intended to provide instruction; and

iv.

receive regular refresher training to ensure that the instructional competences are maintained.

(iii) Instructors on practical skills shall also be or have been entitled to act as an air traffic controller.

(h) Assessors

(i) Persons responsible for assessing the skill of air traffic controllers shall:

i.

have demonstrated the ability to assess the performance of, and conduct tests and checks on air traffic controllers; and

ii.

receive regular refresher training to ensure that the assessment standards are maintained up to date.

(ii) Assessors on practical skills shall also be or have been entitled to act as an air traffic controller in those areas in which assessment is to be made.

(i) Medical fitness of an air traffic controller

(i) Medical criteria

i. All air traffic controllers shall periodically demonstrate medical fitness to satisfactorily execute their functions. Compliance shall be shown by appropriate assessment taking into account the possible mental and physical degradation due to age;

ii. Demonstration of medical fitness, comprising physical and mental fitness, shall include the demonstrated absence of any disease or disability, which makes the person providing an air traffic control (ATC) service unable:

• to execute properly the tasks necessary to provide an ATC service,

• to perform assigned duties at any time, or

• to perceive correctly his/her environment.

(ii) Where medical fitness cannot be fully demonstrated, mitigation measures that provide equivalent safety may be implemented.

5. Service providers and training organisations

(a) Service provision shall not be undertaken unless the following conditions are met:

(i)

the service provider shall have directly or indirectly through contracts the means necessary for the scale and scope of the service. These means shall comprise but are not limited to the following: systems, facilities, including power supply, management structure, personnel, equipment and its maintenance, documentation of tasks, responsibilities and procedures, access to relevant data and record-keeping;

(ii)

the service provider shall develop and keep up-to-date management and operations manuals relating to the provision of its services and operate in accordance with those manuals. Such manuals shall contain all necessary instructions, information and procedures for the operations, the management system and for operations personnel to perform their duties;

(iii)

the service provider shall implement and maintain a risk-based management system to ensure compliance with the essential requirements in this Annex and aim for continuous proactive improvement of this system;

(iv)

the service provider shall use only suitably qualified and trained personnel and implement and maintain training and checking programmes for the personnel;

(v)

the service provider shall establish formal interfaces with all the other contributors to the service provision to ensure compliance with these essential requirements;

(vi)

the service provider shall establish and implement a contingency plan covering emergency and abnormal situations that may occur in relation to its services;

(vii)

the service provider shall establish and maintain an accident and incident prevention and safety programme including an occurrence reporting and analysis programme, which shall be used by the management system in order to contribute to the aim of continuous improvement of safety; and

(viii)

the service provider shall make arrangements to verify that the safety performance requirements of any system and constituent they operate are met at any time.

(b) ATC service provision shall not be undertaken unless the following conditions are met:

(i)

the prevention of fatigue of personnel providing an ATC service shall be managed through a rostering system. Such a rostering system needs to address duty periods, duty time and adapted rest periods. Limitations established within the rostering system shall take into account relevant factors contributing to fatigue such as, in particular, sleep deprivation, disruption of circadian cycles, night hours, cumulative duty time for given periods of time and also the sharing of allocated tasks between personnel;

(ii)

the prevention of stress of personnel providing an ATC service shall be managed through education and prevention programmes;

(iii)

the ATC service provider shall have in place procedures to verify that the cognitive judgement of personnel providing ATC services is not impaired or their medical fitness insufficient;

(iv)

the ATC service provider shall take into account operational and technical constraints as well as human factor principles in its planning and operations.

(c) Communication, navigation and/or surveillance service provision shall not be undertaken unless the following condition is met:

The service provider shall keep relevant airspace users and ATS units informed on a timely basis of the operational status (and changes thereof) of their services provided for ATS purposes.

(d) Training organisations

A training organisation providing training for personnel providing an ATC service shall meet the following requirements:

(i)

have all the means necessary for the scope of responsibilities associated with their activity. These means comprise, but are not limited to, the following: facilities, personnel, equipment, methodology, documentation of tasks, responsibilities and procedures, access to relevant data and record-keeping;

(ii)

implement and maintain a management system relating to safety and the standard of training, and aim for continuous improvement of this system; and

(iii)

establish arrangements with other relevant organisations, as necessary, to ensure continuing compliance with these essential requirements.’