Commission Regulation (EU) No 139/2014Show full title

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

ADR.AR.C.005 Oversight U.K.

(a) The [F1 CAA] shall verify: U.K.

(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 providers of apron management service subject to declaration obligation; and

(3)

implementation of appropriate safety measures as defined in ADR.AR.A.030(c) and (d).

Textual Amendments

F1 Word in Annex 2 point ADR.AR.C.005 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) This verification shall: U.K.

(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 [F1 CAA] 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. U.K.

(d) The [F1 CAA] shall collect and process any information deemed useful for oversight, including unannounced inspections, as appropriate. U.K.

(e) Within its oversight powers, the [F1 CAA] 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. U.K.

ADR.AR.C.010 Oversight programme U.K.

(a) The [F2 CAA] shall for each aerodrome operator and provider of apron management services declaring their activity to the [F2 CAA]: U.K.

(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.

Textual Amendments

F2 Word in Annex 2 point ADR.AR.C.010 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The oversight programme shall include within each oversight planning cycle, audits and inspections, including unannounced inspections, as appropriate. U.K.

(c) The oversight programme and planning cycle shall reflect the safety performance of the aerodrome operator and risk exposure of the aerodrome. U.K.

(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. U.K.

ADR.AR.C.015 Initiation of certification process U.K.

(a) Upon receiving an application for the initial issuance of a certificate, the [F3 CAA] shall assess the application and shall verify compliance with the applicable requirements. U.K.

Textual Amendments

F3 Word in Annex 2 point ADR.AR.C.015 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) In case of an existing aerodrome, the [F3 CAA] shall prescribe the conditions under which the aerodrome operator shall operate during the certification period, unless the [F3 CAA] determines that the operation of the aerodrome needs to be suspended. The [F3 CAA] shall inform the aerodrome operator of the expected schedule for the certification process and conclude the certification within the shortest time period practicable. U.K.

(c) The [F3 CAA] shall establish and notify the applicant of the certification basis in accordance with ADR.AR.C.020. U.K.

ADR.AR.C.020 Certification basis U.K.

The certification basis is to be established and notified to an applicant by the [F4 CAA] and shall consist of:

Textual Amendments

F4 Word in Annex 2 point ADR.AR.C.020 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(b)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(a)

the certification specifications issued by the [F5 CAA] 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 [F6 CAA] 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 [F6 CAA] to be demonstrated by the applicant; and

(c)

any special condition prescribed in accordance with ADR.AR.C.025, that the [F6 CAA] finds necessary to be included in the certification basis.

Textual Amendments

F5 Word in Annex 2 point ADR.AR.C.020(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(b)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Annex 2 point ADR.AR.C.020 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(b)(iii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

ADR.AR.C.025 Special conditions U.K.

(a) The [F7 CAA] shall prescribe special detailed technical specifications, named special conditions, for an aerodrome, if the related certification specifications issued by the [F8 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: U.K.

(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.

Textual Amendments

F7 Word in Annex 2 point ADR.AR.C.025 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(c)(i)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F8 Word in Annex 2 point ADR.AR.C.025 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(c)(i)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The special conditions shall contain such technical specifications, including limitations or procedures to be complied with, as the [F9 CAA] finds necessary to ensure compliance with the essential requirements set out in Annex Va to Regulation (EC) No 216/2008. U.K.

Textual Amendments

F9 Word in Annex 2 point ADR.AR.C.025(b) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(c)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

ADR.AR.C.035 Issuance of certificates U.K.

(a) The [F10 CAA] may require any inspection, test, safety assessment, or exercise it finds necessary before issuing the certificate. U.K.

Textual Amendments

F10 Word in Annex 2 point ADR.AR.C.035 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(d) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The [F10 CAA] shall issue either: U.K.

(1)

a single aerodrome certificate; or

(2)

two separate certificates, one for the aerodrome and one for the aerodrome operator.

(c) The [F10 CAA] shall issue the certificate(s) prescribed in point (b) when the aerodrome operator has demonstrated to the satisfaction of the [F10 CAA] compliance with ADR.OR.B.025 and ADR.OR.E.005. U.K.

(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 [F10 CAA] and any Deviation Acceptance and Action Documents (DAAD). U.K.

(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. U.K.

(f) Where responsibilities are attributed to other relevant organisations, they should be clearly identified and listed. U.K.

(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 [F10 CAA]. U.K.

(h) To enable an aerodrome operator to implement changes without prior approval of the [F10 CAA] in accordance with ADR.OR.B.040(d), the [F10 CAA] shall approve a procedure defining the scope of such changes and describing how such changes will be managed and notified. U.K.

ADR.AR.C.040 Changes U.K.

(a) Upon receiving an application for a change, in accordance with ADR.OR.B.40, that requires prior approval, the [F11 CAA] shall assess the application and, if relevant, notify the aerodrome operator of: U.K.

(1)

the applicable certification specifications issued by the [F12 CAA], 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 [F13 that the CAA] finds is directly related to the proposed change;

(3)

any special condition, and amendment to special conditions, prescribed by the [F14 CAA] in accordance with point ADR.AR.C.025, the [F14 CAA finds is necessary; and

(4)

the amended certification basis, if affected by the proposed change.

Textual Amendments

F12 Word in Annex 2 point ADR.AR.C.040(a)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(e)(i)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Annex 2 point ADR.AR.C.040(a)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(e)(i)(cc) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F14 Word in Annex 2 point ADR.AR.C.040(a)(3) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(e)(i)(dd) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F11 Word in Annex 2 point ADR.AR.C.040(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(e)(i)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The [F15 CAA] shall approve the change when the aerodrome operator has demonstrated, to the satisfaction of the [F15 CAA], compliance with the requirements in ADR.OR.B.040 and, if applicable, with ADR.OR.E.005. U.K.

Textual Amendments

F15 Word in Annex 2 point ADR.AR.C.040(b)-(f) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(e)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(c) If the approved change affects the terms of the certificate, the [F15 CAA] shall amend them. U.K.

(d) The [F15 CAA] shall approve any conditions under which the aerodrome operator shall operate during the change. U.K.

(e) Without prejudice to any additional enforcement measures, when the aerodrome operator implements changes requiring prior approval without having received [F15 CAA] approval as defined in (a), the [F15 CAA] shall consider the need to suspend, limit or revoke the certificate. U.K.

(f) For changes not requiring prior approval, the [F15 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 [F15 CAA] shall: U.K.

(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.050 Declarations of providers of apron management services U.K.

(a) Upon receiving a declaration from a provider of apron management services intending to provide such services at an aerodrome, the Competent Authority shall verify that the declaration contains all the information required by Part-ADR.OR and shall acknowledge receipt of the declaration to that organisation. U.K.

(b) If the declaration does not contain the required information, or contains information that indicates non-compliance with applicable requirements, the Competent Authority shall notify the provider of apron management services and the aerodrome operator about the non-compliance and request further information. If necessary, the Competent Authority shall carry out an inspection of the provider of apron management services and the aerodrome operator. If the non-compliance is confirmed, the Competent Authority shall take action as defined in ADR.AR.C.055. U.K.

(c) The Competent Authority shall keep a register of the declarations of providers of apron management services under its oversight. U.K.

ADR.AR.C.055 Findings, observations, corrective actions and enforcement measures U.K.

(a) [F16 The CAA] shall have a system to analyse findings for their safety significance. U.K.

Textual Amendments

F16 Words in Annex 2 point ADR.AR.C.055(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(f)(i) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) A level 1 finding shall be issued by the [F17 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. U.K.

The level 1 finding shall include:

(1)

failure to give the [F17 CAA] 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.

Textual Amendments

F17 Word in Annex 2 point ADR.AR.C.055(b)-(e) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(f)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(c) A level 2 finding shall be issued by the [F17 CAA] 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. U.K.

(d) When a finding is detected, during oversight or by any other means, the [F17 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. U.K.

(1)

In the case of level 1 findings, the [F17 CAA] 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 [F17 CAA] 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 [F17 CAA], the finding shall be raised to a level 1 finding, and action taken as laid down in point (d)(1).

(4)

The [F17 CAA] 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 [F17 CAA] may issue observations.] U.K.