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

Article 1 U.K. Subject matter and scope

1. 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;

F1 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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) certain conditions and procedures for the declaration by and for the oversight of apron management service providers referred to in paragraph 2(e) of Article 8a of Regulation (EC) No 216/2008 as set out in Annexes II and III.

2. [F2 The CAA] shall comply with the requirements laid down in Annex II.

3. Aerodrome operators and providers of apron management services shall comply with the requirements laid down in Annex III.

4. Aerodrome operators shall comply with the requirements laid down in Annex IV.

Textual Amendments

F1 Art. 1(1)(e) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 407(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 407(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. 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 [F3 CAA] 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)

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(9)

‘continuing oversight’ means the tasks which are conducted for the implementation of the oversight programme at any time by the [F5 CAA] 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 [F6 CAA] to compile evidence provided to justify the acceptance of deviations from the certification specifications issued by the [F7 CAA];

(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.

Textual Amendments

F3 Word in Art. 2(7) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 408(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 2(8) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 408(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 2(9) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 408(4) (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 Art. 2(10) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 408(5)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F7 Word in Art. 2(10) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 408(5)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Oversight of aerodromes

1. [F8 The CAA is responsible] for the certification and oversight of aerodromes, as well as personnel and organisations involved therein.

2. The [F9 CAA] shall be independent from aerodrome operators and providers of apron management services. This independence shall be achieved through separation, at functional level at least, between the [F9 CAA] and these aerodrome operators and providers of apron management services. F10 ...

F11 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. [F12 The CAA] shall ensure that [F13 it has] the necessary capabilities and resources to fulfil [F14 its] requirements under this Regulation.

5. [F15 The CAA must ensure that its] personnel do not perform oversight activities when there is evidence that this could result directly or indirectly in a conflict of interest, in particular when relating to family or financial interest.

6. Personnel authorised by the [F16 CAA] 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.

7. The tasks in paragraph 6 shall be carried out in compliance with [F17 any relevant enactment].

Textual Amendments

F8 Words in Art. 3(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 409(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in Art. 3(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 409(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 3(2) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 409(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F11 Art. 3(3) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 409(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 3(4) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 409(5)(a) (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 Art. 3(4) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 409(5)(b) (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 Art. 3(4) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 409(5)(c) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 3(5) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 409(6) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F16 Word in Art. 3(6) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 409(7) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 3(7) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 409(8) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F18 Article 4 U.K. Information to the European Aviation Safety Agency

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Textual Amendments

F18 Art. 4 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 410 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Exemptions

F19 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The [F20 CAA] shall on an annual basis examine the traffic figures of an exempted aerodrome. If the traffic figures at such an aerodrome have exceeded those provided for in Article 4(3b) of Regulation (EC) No 216/2008 over the last three consecutive years [F21 the CAA must revoke the exemption].

F22 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Art. 5(1) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 411(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F20 Word in Art. 5(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 411(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 5(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 411(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F22 Art. 5(3)(4) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 411(4) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F23 Article 6 U.K. Conversion of certificates

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Textual Amendments

F23 Art. 6 omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 412 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Deviations from certification specifications

1. The [F24 CAA] may, until 31 December 2024, accept applications for a certificate including deviations from the certification specifications issued by the [F25 CAA], 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.

2. The [F26 CAA] shall compile the evidence supporting the fulfilment of the conditions referred to in paragraph 1 in a Deviation Acceptance and Action Document (DAAD). The DAAD shall be attached to the certificate. The [F26 CAA] shall specify the period of validity of the DAAD.

3. The aerodrome operator and the [F27 CAA] shall verify that the conditions referred to in paragraph 1 continue to be fulfilled. If such is not the case the DAAD shall be amended, suspended or withdrawn.

Textual Amendments

F24 Word in Art. 7(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 413(2)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F25 Word in Art. 7(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 413(2)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F26 Word in Art. 7(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 413(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F27 Word in Art. 7(3) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 413(3) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Article 8 U.K. Safeguarding of aerodrome surroundings

1. [F28 The Secretary of State] shall ensure that consultations are conducted with regard to safety impacts of constructions proposed to be built within the limits of the obstacle limitation and protection surfaces as well as other surfaces associated with the aerodrome.

2. [F29 The Secretary of State] shall ensure that consultations are conducted with regard to safety impacts of constructions proposed to be built beyond the limits of the obstacle limitation and protection surfaces as well as other surfaces associated with the aerodrome and which exceed the height established by [F30 the CAA].

3. [F31 The Secretary of State] shall ensure coordination of the safeguarding of aerodromes located near [F32 the national border with the Republic of Ireland].

Textual Amendments

F28 Words in Art. 8(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 414(2) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 8(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 414(3)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 8(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 414(3)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F31 Words in Art. 8(3) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 414(4)(a) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 8(3) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 414(4)(b) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Monitoring of aerodrome surroundings

[F33 The Secretary of State] 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.

Textual Amendments

F33 Words in Art. 9 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 415 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Article 10 U.K. Wildlife hazard management

1. [F34 The CAA] 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.

2. [F34 The CAA] shall ensure that wildlife strike reports are collected and forwarded to ICAO for inclusion in the ICAO Bird Strike Information System (IBIS) database.

Textual Amendments

F34 Words in Art. 10 substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 416 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Article 11 U.K. Entry into force and application

1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

F35 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 Art. 11(2)-(5) omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 417 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F36 ...

Textual Amendments

F36 Words in Signature omitted (31.12.2020) by virtue of The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 418 (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)