ADR.AR.C.005 Oversight

Delegated Regulation (EU) 2020/1234

(a) The Competent Authority shall verify:

(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 organisations responsible for the provision of AMS; and

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

(b) This verification shall:

(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 Competent Authority 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.

(d) The Competent Authority shall collect and process any information deemed useful for oversight, including unannounced inspections, as appropriate.

(e) Within its oversight powers, the Competent Authority 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.

AMC1 ADR.AR.C.005 Oversight

ED Decision 2014/012/R

GENERAL

(a) The Competent Authority should assess the aerodrome operator, and monitor its continued competence to conduct safe operations in compliance with the applicable requirements and the certification basis. Similarly, the Competent Authority should monitor the continued competence of providers of apron management services. The Competent Authority should ensure that accountability for assessing and monitoring aerodrome operators, as well as providers of apron management services, is clearly defined. This accountability may be delegated or shared, in whole or in part.

(b) It is essential that the Competent Authority has the full capability to adequately assess the continued competence of an aerodrome operator, or a provider of apron management services by ensuring that the whole range of activities is assessed by appropriately qualified personnel.

GM1 ADR.AR.C.005 Oversight

ED Decision 2014/012/R

GENERAL

(a) Responsibility for the safe operation of an aerodrome lies with the aerodrome operator. Under these provisions, a positive move is made towards devolving upon the aerodrome operator a share of the responsibility for monitoring the safety of operations. The objective cannot be attained unless aerodrome operators are prepared to accept the implications of this policy, including that of committing the necessary resources to its implementation. Crucial to success of the policy is the content of Part-ADR.OR which requires the establishment of a management system by the aerodrome operator.

(b) The Competent Authority should continue to assess the aerodrome operator’s or apron management service provider’s compliance with the applicable requirements, including the effectiveness of its management system. If their management system is judged to have failed in its effectiveness, then this in itself is a breach of the requirements which may, among others, call into question the validity of the certificate or declaration, if applicable.

(c) The accountable manager is accountable to the Competent Authority as well as to those who may appoint him/her. It follows that the Competent Authority cannot accept a situation in which the accountable manager is denied sufficient funds, manpower, or influence to rectify deficiencies identified by the management system.

ADR.AR.C.010 Oversight programme

Delegated Regulation (EU) 2020/1234

(a) The Competent Authority shall for each aerodrome operator and organisation responsible for the provision of AMS:

(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.

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

(c) The oversight programme and planning cycle shall reflect the safety performance of the aerodrome operator or the organisation responsible for the provision of AMS respectively, as well as the risk exposure of the aerodrome.

(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.

AMC1 ADR.AR.C.010 Oversight programme

ED Decision 2021/003/R

PROCEDURES FOR THE OVERSIGHT OF AERODROME OPERATORS AND OF ORGANISATIONS RESPONSIBLE FOR THE PROVISION OF AMS

(a) The Competent Authority should assign a focal point for each aerodrome operator and for each organisation responsible for the provision of AMS. Where more than one aerodrome inspector is assigned to an aerodrome operator or to an organisation responsible for the provision of AMS, one of them should be appointed as focal point having the overall responsibility for the supervision of, and liaison with, the aerodrome operator’s management or the management of the organisation responsible for the provision of AMS, and be responsible for reporting on the compliance with the requirements for its operations.

(b) Inspections, audits, and oversight procedures, on a scale and frequency appropriate to the operation, should include but not be limited, as appropriate, to the items from the following list:

(1) aerodrome infrastructure and equipment;

(2) visual aids and aerodrome electrical systems, including their maintenance programme;

(3) obstacle restriction and control;

(4) aerodrome data reporting, including reporting of surface contaminants and runway surface conditions, and NOTAM origination;

(5) aerodrome emergency planning;

(6) rescue and firefighting;

(7) removal of disabled aircraft;

(8) storage facilities and handling of dangerous goods and fuel, including fuel installations, fuel quality, and fuelling equipment;

(9) low-visibility operations;

(10) winter and adverse weather operations;

(11) protection of radar, navigation aids, and other aerodrome equipment;

(12) apron management;

(13) apron safety management;

(14) vehicle authorisation and operation on the movement area, including maintenance programmes;

(15) control of pedestrians;

(16) wildlife hazard management;

(17) runway excursion and incursion prevention programmes of the aerodrome operator, as part of the Competent Authority’s runway safety programme, including the functioning and effectiveness of the aerodrome’s local runway safety team, as well as the implementation of identified actions;

(18) FOD control programme of the aerodrome operator;

(19) inspections of the movement area;

(20) maintenance programme of the aerodrome systems and the movement area;

(21) aerodrome works;

(22) protection against hazardous activities in the aerodrome surroundings;

(23) personnel training and records, including review of training programme on runway excursion and incursion prevention, as well as the drivers’ authorisations and language proficiency assessments, training programmes, and their implementation;

(24) aerodrome manuals and documentation;

(25) operator’s management system, including its safety management system and its quality, and security management system for aeronautical data;

(26) operator’s oversight of the compliance of the organisations operating, or providing services at the aerodrome (third parties).

(c) Inspection or audits should be a ‘deep cut’ through the items selected, and all findings and observations should be recorded.

(d) Aerodrome inspectors should analyse and assess the root cause(s) identified by the aerodrome operator or the organisation responsible for the provision of AMS, and be satisfied that the corrective actions taken are adequate to correct the non-compliance, and to prevent its reoccurrence.

(e) Inspections and audits may be conducted jointly or separately. Inspections and audits may also be coordinated with inspections and audits conducted by the competent authorities responsible for other areas, to address areas of coordination between aerodrome operator and the providers of other services (e.g. ATM/ANS). Joint audits with competent authorities for other areas should also be performed because they are particularly effective to examine the interfaces between different actors at the aerodrome (e.g. airport and ATS), including the prevention of runway excursions and incursions.

(f) Inspections may, at the discretion of the Competent Authority, be conducted with or without prior notice to the aerodrome operator or the organisation responsible for the provision of AMS.

(g) Where it is apparent to an aerodrome inspector that an aerodrome operator or an organisation responsible for the provision of AMS has failed to comply with the applicable requirements, with the result that safety has been or might have been compromised, the aerodrome inspector should ensure that the person in charge within the Competent Authority is informed without delay.

(h) In the first few months of a new operation, physical change of the aerodrome or organisational restructure, aerodrome inspectors should be particularly alert to any irregular procedures, evidence of inadequate facilities or equipment, or indications that management control of the operation may be ineffective.

(i) Aerodrome inspectors should take account of any conditions that may indicate a significant deterioration in the financial situation of the aerodrome operator or of the organisation responsible for the provision of AMS. When any financial difficulties are identified, aerodrome inspectors should increase the technical surveillance of the operation with particular emphasis on the upholding of safety standards.

(j) The number or the magnitude of the non-compliances identified by the Competent Authority will serve to support the Competent Authority’s continuing confidence in the aerodrome operator’s competence or in the competence of the organisation responsible for the provision of AMS, or, alternatively, may lead to a breach of confidence. In the latter case, the Competent Authority will need to review any identified shortcomings of the management system, and take appropriate action if required.

GM1 ADR.AR.C.010 Oversight programme

ED Decision 2020/021/R

PROCEDURES FOR THE OVERSIGHT OF AERODROME OPERATORS AND OF ORGANISATIONS RESPONSIBLE FOR THE PROVISION OF AMS

In addition to its regulatory oversight, the Competent Authority may establish national groups for the prevention of runway excursions and incursions as part of a national runway safety steering group. Such groups could include representatives from industry, such as aerodrome operators, organisations responsible for the provision of AMS, aircraft operators, air traffic services providers, industry safety groups, (local) runway safety committee members and representatives from the Competent Authority.

The scope of such group might be to:

—             address specific hazards, identified nationally, by coordinating actions through subgroups or external agencies, as required;

—             promote good practices and information sharing, and raise awareness through publicity and by educating industry;

—             actively support industry initiatives;

—             act as coordination point for industry;

—             identify and investigate which technologies from those that are available could reduce runway excursion and runway incursion risks;

—             review current aerodrome, ATC and aircraft operational policies and, if necessary, make recommendations on future policies to reduce the risk of runway excursions and incursions;

—             make recommendations for guidance and advisory material for industry on aerodrome, aircraft and ATC operational issues to reduce the risk of runway excursions and incursions;

—             oversee and promote the reporting of runway excursion and runway incursion incidents;

—             ensure the thorough analysis of data to identify and examine specific areas of concern.

AMC1 ADR.AR.C.010(b) Oversight programme

ED Decision 2020/021/R

AUDIT

(a) The oversight programme should indicate which aspects will be covered with each audit.

(b) Part of the audit should concentrate on compliance-monitoring reports to determine whether the aerodrome operator or the organisation responsible for the provision of AMS identifies the root causes and corrects its problems.

(c) Upon conclusion of the audit, an audit report should be completed by the auditing aerodrome inspector, including all findings raised.

AMC1 ADR.AR.C.010(b);(c) Oversight programme

ED Decision 2020/021/R

OVERSIGHT PLANNING CYCLE

(a) The safety performance of the aerodrome operator and the organisation responsible for the provision of AMS should be continuously monitored in order to ensure that the oversight programme and the applicable oversight planning cycle remain appropriate.

(b) The oversight planning cycle and the related oversight programme for each aerodrome operator or for each organisation responsible for the provision of AMS should be reviewed annually.

(c) The oversight planning cycle and the related oversight programme, including their annual review, should be determined according to the following elements:

(1) the results of past certification and oversight activities;

(2) the capability to effectively identify aviation safety hazards, and manage the associated risks;

(3) the effective control over all changes in accordance with point ADR.OR.B.040 for aerodrome operators and with point ADR.OR.F.025 for organisations responsible for the provision of AMS;

(4) the absence of level 1 findings;

(5) the response time to implement corrective actions requested by the Competent Authority in accordance with ADR.AR.C.055(d)(2); and

(6) the risk exposure related to the aerodrome operated, such as traffic volume, type of aircraft operated at the aerodrome, or physical characteristics of the aerodrome.

(d) During each oversight planning cycle, the Competent Authority should convene meetings with the accountable manager of the aerodrome operator or the organisation responsible for the provision of AMS, or with their delegate.

AMC2 ADR.AR.C.010(b);(c) Oversight programme

ED Decision 2020/021/R

OVERSIGHT PLANNING CYCLE

(a) For each aerodrome operator and for each organisation responsible for the provision of AMS all processes should be audited at periods not exceeding the applicable oversight planning cycle. The beginning of the first oversight planning cycle is normally determined by the date of issue of the first certificate or acknowledgement of receipt of the declaration. If the Competent Authority wishes to align the oversight planning cycle with the calendar year, it should shorten the first oversight planning cycle accordingly.

(b) The interval between two audits for a particular process should not exceed the interval of the applicable oversight planning cycle.

(c) Audits should include at least one on-site audit within each oversight planning cycle at each aerodrome.

GM1 ADR.AR.C.010(b) Oversight programme

ED Decision 2020/021/R

INDUSTRY STANDARDS

(a) For aerodrome operators or for organisations responsible for the provision of AMS that have demonstrated compliance with the applicable industry standards, the Competent Authority may adapt its oversight programme in order to avoid audit duplication of specific items.

(b) The demonstration of compliance with the applicable industry standards may not be considered in isolation from the other elements to be considered for the Competent Authority’s risk-based oversight.

(c) In order to be able to credit any audits performed as part of the certification process in accordance with the applicable industry standards, the following are considered:

(1) the demonstration of compliance based on certification auditing schemes providing for independent and systematic verification;

(2) the existence of an accreditation scheme and accreditation body for certification in accordance with the applicable industry standards has been verified;

(3) the relevance of the certification audits to the requirements defined in Part-ADR.OR, in Part‑ADR.OPS, or in other regulations as applicable;

(4) the mapping of the scope of such certification audits against the scope of oversight;

(5) the accessibility of the audit results by the Competent Authority; and

(6) the compatibility of the audit planning intervals with the oversight planning cycle.

GM2 ADR.AR.C.010(b) Oversight programme

ED Decision 2020/021/R

FINANCIAL SITUATION

Examples of trends which may indicate problems in a new aerodrome operator’s financial situation or in the financial situation of an organisation responsible for the provision of AMS could be:

(a) considerable lay-offs or turnover of personnel, reduced personnel resources, increased multi‑tasking, changing shift patterns, and increased overtime;

(b) delays in managing payments to staff;

(c) reduction of safe operational standards;

(d) decreasing training standards;

(e) supplier breach of credit towards the organisation;

(f) inadequate maintenance of the aerodrome; and

(g) shortage of supplies and spare parts.

GM3 ADR.AR.C.010(b) Oversight programme

ED Decision 2014/012/R

PROCEDURES FOR OVERSIGHT OF AERODROME OPERATORS AND PROVIDERS OF APRON MANAGEMENT SERVICES

Normally the inspections that are carried out by the Competent Authority should be with prior notice to the aerodrome operator or the provider apron management services.

Such notice should be given in writing, and in good time before the inspection so that the inspected entity can make all the necessary arrangements and preparations, and to avoid the disruption of normal operations.

In case an inspection is conducted without prior notice (unannounced inspection), the aerodrome inspectors should ensure that the operations are affected to the minimum extent possible.

ADR.AR.C.015 Initiation of certification process

Regulation (EU) No 139/2014

(a) Upon receiving an application for the initial issuance of a certificate, the Competent Authority shall assess the application and shall verify compliance with the applicable requirements.

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

(c) The Competent Authority shall establish and notify the applicant of the certification basis in accordance with ADR.AR.C.020.

AMC1 ADR.AR.C.015(a) Initiation of the certification process

ED Decision 2014/012/R

PROCESSING OF APPLICATION

Upon receipt of an application, the Competent Authority should acknowledge receipt of that application, in writing, within the period defined in the applicable national legislation.

If the Competent Authority foresees a delay in processing the application, it should notify the applicant as soon as possible, and within the period defined in the applicable national legislation.

The Competent Authority should respond to any request made by the applicant within the period defined in the applicable national legislation.

If an applicant fails to submit all necessary documentation, the Competent Authority should inform him/her in writing, within the period defined in the applicable national legislation.

AMC1 ADR.AR.C.015(c) Initiation of the certification process

ED Decision 2014/012/R

ESTABLISHEMENT AND NOTIFICATION OF CERTIFICATION BASIS — DETERMINATION OF ELEVATION OF AERONAUTICAL BEACONS

If such beacons are operationally necessary, the Competent Authority should ensure that the elevation which is sufficient for the vertical light distribution of an aerodrome beacon or an identification beacon, as described in CS ADR-DSN.M.620, is determined.

AMC2 ADR.AR.C.015(c) Initiation of the certification process

ED Decision 2014/012/R

ESTABLISHMENT AND NOTIFICATION OF THE CERTIFICATION BASIS

(a) Upon receipt of the application, the Competent Authority should examine and assess the content of the application and the related documentation, including the proposed certification specifications and any provisions for which compliance is proposed to be demonstrated in a different way that provides for an equivalent level of safety. (See also paragraph (a)(2) of AMC1 ADR.AR.C.035(c)).

(b) The Competent Authority should establish the certification basis of the aerodrome in accordance with ADR.AR.C.020;

(c) The Competent Authority should document and notify the applicant of:

(1) the certification basis as established in paragraph (b) above; and

(2) any change thereto, as a result of certification specifications which became effective after the notification of the certification basis and which the applicant decided to comply with, or that the Competent Authority has found necessary to be complied with, or design changes made, compliance demonstration results, new special conditions that the Competent Authority considers necessary, etc.

(d) In addition, the Competent Authority should assess the documentation demonstrating the way the applicant is proposing to comply with the applicable requirements of the Regulation (EC) 216/2008, Part-ADR.OR, and Part-ADR.OPS, and any other applicable requirements that are matching the aerodrome design and its operation.

(e) When notifying the applicant in accordance with paragraph (c), the Competent Authority should also inform him/her of the right of appeal, as exists under the applicable national legislation.

GM1 ADR.AR.C.015 Initiation of the certification process

ED Decision 2014/012/R

INITIAL INTEREST

Prior to initiating the application process for a certificate, the Competent Authority should arrange for a meeting with the applicant.

During this meeting, the applicant should present to the authority its plans with regard to the aerodrome. The applicant should also make arrangements so that its key personnel are present during this meeting.

In addition, during this meeting, the Competent Authority should provide general information to the applicant about the applicable requirements for the aerodrome. It should also provide copies of the applicable requirements, application forms, and any other relevant documentation, and describe the procedures that are followed during the certification process.

Such information to be provided by the Competent Authority may also include information about approvals, permits, or clearances that the applicant may need to obtain from other competent authorities (such as security or environmental protection competent authorities, local planning authorities, etc.) of the Member State prior or during the certification process.

The Competent Authority should make arrangements so that representatives of all involved entities of the Competent Authority(ies) are present during this meeting.

GM1 ADR.AR.C.015(b) Initiation of the certification process

ED Decision 2014/012/R

CERTIFICATION OF EXISTING AERODROMES

The certification period of an existing aerodrome should not exceed 18 months from the filing of the application by the applicant to the granting of the certificate.

GM1 ADR.AR.C.015(c) Initiation of the certification process

ED Decision 2014/012/R

ESTABLISHMENT AND NOTIFICATION OF THE CERTIFICATION BASIS

Establishing the certification basis means that at the start of which the applicant proposes the certification specifications applicable to the aerodrome, the Competent Authority finalises the set of all applicable certification specifications. This means that it may change and also add additional applicable certification specifications to the applicant’s proposal; this is typically an iterative process.

ADR.AR.C.020 Certification basis

Regulation (EU) No 139/2014

The certification basis is to be established and notified to an applicant by the Competent Authority and shall consist of:

(a) the certification specifications issued by the Agency which the Competent Authority finds 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 Competent Authority 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 Competent Authority to be demonstrated by the applicant; and

(c) any special condition prescribed in accordance with ADR.AR.C.025, that the Competent Authority finds necessary to be included in the certification basis.

AMC1 ADR.AR.C.020(a) Certification basis

ED Decision 2014/012/R

EFFECTIVE CERTIFICATION SPECIFICATIONS

(a) The certification specifications that the Competent Authority should use to establish and notify the certification basis to the applicant, should be those that were effective during the date of the application.

(b) Notwithstanding paragraph (a) above, if at any point of the certification process the applicant requests to use certification specifications which came into force after the filing of his/her application, or the notification of the certification basis by the Competent Authority, then the Competent Authority should examine if it is necessary to also include in the certification basis other certification specifications, which also came into effect after the filling of the initial application and which are, in the opinion of the Competent Authority, directly related to those certification specifications that have been proposed by the applicant.

(c) Notwithstanding paragraph (a) and (b) above, the Competent Authority may at any time, after the filing of the application, decide to include in the certification basis any certification specifications that it deems necessary.

AMC1 ADR.AR.C.020(b);(c) Certification basis

ED Decision 2014/012/R

CASES OF EQUIVALENT LEVEL OF SAFETY AND SPECIAL CONDITIONS

When deciding on cases of equivalent safety or special conditions and their respective underpinning justification material, the Competent Authority may consider whether any of the applicable certification specifications compares to a Standard or a Recommended Practice and their different implications foreseen by the ICAO Convention and its Annexes.

GM1 ADR.AR.C.020(b) Certification basis

ED Decision 2014/012/R

CERTIFICATION BASIS — PROPOSALS FOR EQUIVALENT LEVEL OF SAFETY

When the Competent Authority assesses a proposal of an applicant who has requested to demonstrate an equivalent level of safety, the Competent Authority should pay, amongst others, particular attention to:

(a) the identification of the intent of the Agency’s certification specifications in question, and assess if the proposal satisfies that intent;

(b) any possible interconnections/relationships between the Agency’s certification specifications which the proposal is related to, with any other certification specifications or requirements, in order to:

(1) identify any implications of the proposal to other design, operational, human, or other elements of the system; and

(2) establish if such interconnections/relationships and implications have been properly and adequately addressed by the applicant.

The applicant’s proposal may involve design, technical, procedural, or other suitable means.

The demonstration of an equivalent level of safety may involve various methodologies, quantitative or qualitative, whose magnitude and complexity may vary, depending on each case.

In any case, the applicant should demonstrate to the satisfaction of the Competent Authority that the proposed solution offers a level of safety, which is effectively not lower than that associated with the relevant Agency certification specifications.

ADR.AR.C.025 Special conditions

Regulation (EU) No 139/2014

(a) The Competent Authority shall prescribe special detailed technical specifications, named special conditions, for an aerodrome, if the related certification specifications issued by the Agency 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:

(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.

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

ADR.AR.C.035 Issuance of certificates

Regulation (EU) No 139/2014

(a) The Competent Authority may require any inspection, test, safety assessment, or exercise it finds necessary before issuing the certificate.

(b) The Competent Authority shall issue either:

(1) a single aerodrome certificate; or

(2) two separate certificates, one for the aerodrome and one for the aerodrome operator.

(c) The Competent Authority shall issue the certificate(s) prescribed in point (b) when the aerodrome operator has demonstrated to the satisfaction of the Competent Authority compliance with ADR.OR.B.025 and ADR.OR.E.005.

(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 Competent Authority and any Deviation Acceptance and Action Documents (DAAD).

(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.

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

(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 Competent Authority.

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

GM1 ADR.AR.C.035(a) Issuance of certificates

ED Decision 2014/012/R

NOMINATED PERSONS

When an aerodrome operator submits the name of a nominee for the nominated persons (see ADR.OR.D.015), the Competent Authority should assess his/her qualifications and may interview the nominee or call for additional evidence of his/her suitability.

GM2 ADR.AR.C.035(a) Issuance of certificates

ED Decision 2014/012/R

NOMINATED PERSONS - INTERVIEW WITH THE APPOINTED ACCOUNTABLE MANAGER, AND NOMINATED PERSONS

Possible cases where an interview/meeting with nominated persons may be necessary are amongst others:

(a) start of operations before issuing a first certificate for an aerodrome; and

(b) change of nominated persons at an aerodrome already certified.

Purpose of the meeting

The aim of the interview and exchange of information between the intended nominated persons and the Competent Authority is, for the latter to acquire information on the intended work areas of the nominated persons and their respective competence level so as to verify their suitability for the posts.

The purpose of the information exchange is to create good contact and understanding between the both parties, and to come to a mutual conclusion on, if necessary, possible solutions for training and personal development over time.

Possible agenda items:

(a) information from the Competent Authority on organisation and mission of the Competent Authority, the regulatory framework, and specifically Safety Management System requirements;

(b) information from the nominated person concerning the intended work area;

(c) enforcement methodology of the Competent Authority;

(d) the role and responsibility of the accountable manager/operational services manager/maintenance manager/ safety manager or other nominated persons;

(e) expected competence requirement of the nominated person in relation to present personal status and experience presented in a CV or equivalent documentation;

(f) interview/discussion concerning depth of knowledge, and understanding of the applicable legislation;

(g) the role and responsibility of the Competent Authority and of the nominated person;

(h) understanding of aviation in general and for the specific nominated post, how operators/activities at the aerodrome including Air Navigation Service Providers, and other aviation activities can impact aircraft safety; and

(i) distribution of delegated powers depending on the organisational situation.

GM3 ADR.AR.C.035(a) Issuance of certificates

ED Decision 2023/003/R

EVALUATION OF SAFETY ASSESSMENTS PROVIDED BY THE AERODROME OPERATOR AT THE INITIAL CERTIFICATION OR ACCOMPANYING A REQUEST FOR PRIOR APPROVAL OF A CHANGE IN ACCORDANCE WITH ADR.OR.B.040.

(a) The Competent Authority should evaluate the conclusion of a submitted safety assessment provided by the aerodrome operator to ensure compliance with the relevant requirement for the operator on how to assess changes under ADR.OR.B.040(f).

(b) The Competent Authority should evaluate the safety assessment and, in particular, make sure that:

(1) the identified safety concern(s) has (have) been assessed through the safety assessment process and is (are) adequately documented.

(2) an appropriate coordination has been performed between the parties affected by the safety concern(s);

(3) the assessment covers the whole system and the interactions of its elements;

(4) the hazards have been properly identified and the level of risk assessed;

(5) the proposed mitigation measures are adequate and consistent with the objective of reducing the identified level of risk and the safety objectives, if relevant;

(6) the timeframes of the planned implementation of the proposed associated actions are appropriate.

(c) After its evaluation, the Competent Authority should either:

(1) agree to the proposed associated actions, such as mitigation measures; or

(2) coordinate with the aerodrome operator to reach an agreement on revised mitigation measures if some risks have been underestimated, or have not been identified; or

(3) impose additional measures; or

(4) reject the proposal if no agreement can be reached.

(d) The Competent Authority should define and undertake oversight actions that ensure that mitigation and/or additional measures are properly implemented so that the measures actually meet the risk reduction objectives, and that the planned timeframes are applied.

(e) When necessary, the Competent Authority should require the aerodrome operator to promulgate appropriate information, for use by the aerodrome organisation, various stakeholders, and notably by the air navigation service providers and aircraft operators.

GM1 ADR.AR.C.035(b)(1) Issuance of certificates

ED Decision 2014/012/R

MODEL FOR THE SINGLE CERTIFICATE

AMC1 ADR.AR.C.035(b)(2) Issuance of certificates

ED Decision 2014/012/R

ISSUANCE OF SEPARATE CERTIFICATES

(a) In case that there is a possibility to issue both separate and single certificates, the Competent Authority should act in accordance with the application made by the applicant.

(b) In case that there is a possibility to issue separate certificates, both certificates should be issued by the same Competent Authority.

(c) In case that an aerodrome operator operates several aerodromes, these should be listed on the aerodrome operator’s certificate.

GM1 ADR.AR.C.035(b)(2) Issuance of certificates

ED Decision 2014/012/R

MODEL FOR TWO SEPARATE CERTIFICATES — (A) AERODROME OPERATOR CERTIFICATE

MODEL FOR THE TWO SEPARATE CERTIFICATES — (B) AERODROME CERTIFICATE

AMC1 ADR.AR.C.035(c) Issuance of certificates

ED Decision 2014/012/R

VERIFICATION OF COMPLIANCE

(a) Upon receipt of an application for a certificate, the Competent Authority should:

(1) nominate an individual to become the focal point for all aspects of the applicant’s certification process, and to coordinate all necessary activities, including the Competent Authority’s certification team. The nominated person should be responsible to the responsible person of the Competent Authority for confirming that all appropriate inspections and audits have been carried out. He/she should also ensure that the necessary prior approvals required are issued in due course;

(2) verify if the application shows compliance with the applicable requirements. The Competent Authority should also arrange for the steps to be followed during the certification process. This would, normally, start with the demonstration of compliance of the aerodrome with the established and notified certification basis (see AMC2 ADR.AR.C.015(c)) which will require the conduct of technical inspections by the Competent Authority and/or examination of submitted documentation, the participation to demonstrations, or tests conducted by the applicant, as the case may be, and the Competent Authority determines appropriate. This should also include the cases where the certification basis includes provisions for which the Competent Authority has accepted the applicant to demonstrate an equivalent level of safety to, or cases of special conditions, as applicable;

If the Competent Authority is not satisfied with the outcome of the demonstration process for any elements of the certification basis, it should notify the applicant in writing. At the end of this phase, the Competent Authority should have documented evidence that the aerodrome meets the notified certification basis;

(3) review the aerodrome manual, which should be prepared in accordance with ADR.OR.D.005, and any other documentation provided by the applicant; and

(4) verify compliance with the applicable requirements of Part-ADR.OR, Part-ADR.OPS, as well as any other applicable requirement. When verifying compliance with such requirements, an audit should be conducted covering the following areas:

(i) compliance shown by the applicant with the applicable requirements of Part-ADR.OPS, or any other applicable requirements;

(ii) the applicant’s management system and its organisation, including: detailed management structure, including names and qualifications of nominated personnel; adequacy of the organisation and management structure, including allocated resources and numbers of personnel allocated by the applicant to key management tasks and other positions. Care should be taken to verify that the system is comprehensive, and is likely to be effective. Of particular importance is a careful review of the qualifications of the applicant’s nominated persons. Account should be taken of the relevance of the nominee's previous experience and known record;

(iii) safety management and compliance monitoring with applicable requirements;

(iv) documentation on which the certificate should be granted (organisation documentation as required by Part-ADR.OR, including technical manuals, such as the aerodrome manual etc.); and

(v) adequacy of facilities with regard to the applicant’s scope of work.

(5) in case of non-compliance, the applicant should be informed, in writing, of the corrections or supplements which are required.

(b) The Competent Authority should be satisfied with the demonstration of compliance of the aerodrome manual with the requirements referred to in ADR.OR.E.005 and the related AMCs.

(c) The Competent Authority should ensure that standardised and approved methods and tools are used by its personnel during the process described in paragraph a.

(d) In cases where an application for a certificate is refused, the applicant should be informed of the right of appeal existing under national regulations.

(e) Prior to issuing the certificate(s), the Competent Authority may require the conduct of one or more flights at the aerodrome, as well as any other test, or exercise it finds necessary.

(f) When the verification process is complete, the Competent Authority should issue the certificate(s)               and ensure the publication of the certification status of the aerodrome in the aeronautical information publication (AIP).

GM1 ADR.AR.C.035(c) Issuance of certificates

ED Decision 2014/012/R

VERIFICATION OF COMPLIANCE

The technical inspections of the aerodrome should take place prior to the Competent Authority finding the aerodrome manual satisfactory in accordance with ADR.OR.E.005.

AMC1 ADR.AR.C.035(d) Issuance of certificates

ED Decision 2014/012/R

OPERATING CONDITIONS OR LIMITATIONS

(a) If, during the certification process, an operating condition or a limitation has been determined as necessary to be imposed on or implemented at the aerodrome, the Competent Authority should ensure that such limitation or procedure is also included in the aerodrome manual.

(b) The Competent Authority should also ensure that the aerodrome manual contains all limitations, or any other similar information prescribed in the certification specifications included in the certification basis of the aerodrome.

AMC2 ADR.AR.C.035(d) Issuance of certificates

ED Decision 2014/012/R

OPERATING CONDITIONS OR LIMITATIONS

(a) Operating conditions and limitations, such as noise mitigation or abatement procedures, should not increase, but should seek to reduce where possible, the risk of runway incursions and excursions.

(b) Operating conditions and limitations should undergo a safety risk assessment to determine if they may adversely affect runway incursion and excursion risk levels.

GM1 ADR.AR.C.035(d) Issuance of certificates

ED Decision 2014/012/R

SCOPE OF AIRCRAFT OPERATIONS WITH A HIGHER AERODROME REFERENCE CODE LETTER

Any restrictions or mitigation measures for the use of aircraft type/s at the aerodrome should only be mentioned in the aerodrome manual. Notably any limitations arising from the assessment to be undertaken for the use of the aerodrome by higher code letter aircraft according to ADR.OPS.B.090 should be included there.

GM1 ADR.AR.C.035(e) Issuance of certificates

ED Decision 2022/013/R

MODEL FOR THE TERMS OF THE CERTIFICATE TO BE ATTACHED TO THE CERTIFICATES

¹ The certificate must be given the State Code [The two-letter ISO code should be used (ISO 3166 alpha-2), except for Greece and the United Kingdom, for which the abbreviations EL and UK are recommended] and a unique ascending number. Example: EL – 001

² To be specified: the official name of the aerodrome and the ICAO location indicator for the aerodrome.

³ To be specified: day/ night and IFR/ VFR.

⁴ To be specified: (yes/no). See ADR.OPS.B.036.

⁵ To be specified: ASDA, LDA, TODA, TORA in metres for each direction of each runway, including intersection take-off if applicable.

⁶ To be specified: approval of the runway for non-instrument, instrument, non-precision approach. In case of precision approach(-es), it is to be indicated, which of the following precision approach(-es) is (are) approved:

—              EFVS 200 operation;

—              EFVS-A operation;

—              EFVS-L operation;

—             Standard Category I;

—              Special authorisation category I;

—             Precision approach category II;

—              Special authorisation category II;

—              Precision approach category III.

⁷ To be specified: Aerodrome Reference Code (Code number/Code letter).

⁸ To be specified: the approved type of aeroplanes with a higher code letter than indicated in point 7 above.

⁹ To be specified: the name of the service provider, both in case such services are t or are not provided by the aerodrome operator.

¹⁰ To be specified: the rescue and firefighting level of protection as per Annex IV (Part-ADR.OPS) to this Regulation.

GM2 ADR.AR.C.035(e) Issuance of certificates

ED Decision 2022/013/R

EFVS 200 OPERATION

A runway is suitable for EFVS 200 operation when:

(a) an instrument approach procedure providing at least lateral guidance in which the final approach track is offset by a maximum of 3 degrees from the extended centre line of the runway is established; and

(b) either an obstacle free zone (OFZ) is established or the visual segment surface (VSS) is not penetrated by obstacles, and an instrument departure procedure is established.

AMC1 ADR.AR.C.035(h) Issuance of certificates

ED Decision 2014/012/R

APPROVAL OF THE PROCEDURE FOR THE MANAGEMENT AND NOTIFICATION OF CHANGES

The Competent Authority should establish and document its process to be followed by the aerodrome inspectors when assessing the scope of the changes in the procedure proposed by the aerodrome operator to be followed for the management and notification of the changes. Criteria to be used include, but are not limited to:

(a) frequency of changes;

(b) magnitude of changes;

(c) complexity of the aerodrome and type of operations;

(d) density of traffic at the aerodrome;

(e) time required to assess the documentation of the changes notified by the aerodrome operator;

(f) reasonable reaction times in relation to types of changes for the Competent Authority to object to a notification;

(g) need for the timely publication of the changes and their notification by the AIRAC system;

(h) previous conduct of the aerodrome operator; and

(i) effectiveness of the safety management system of the aerodrome operator.

ADR.AR.C.040 Changes — aerodrome operator

Delegated Regulation (EU) 2020/1234

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

(1) the applicable certification specifications issued by the Agency, 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 issued by the Agency that the Competent Authority finds is directly related to the proposed change;

(3) any special condition, and amendment to special conditions, prescribed by the Competent Authority in accordance with point ADR.AR.C.025, the Competent Authority finds is necessary; and

(4) the amended certification basis, if affected by the proposed change.

(b) The Competent Authority shall approve the change when the aerodrome operator has demonstrated, to the satisfaction of the Competent Authority, compliance with the requirements in ADR.OR.B.040 and, if applicable, with ADR.OR.E.005.

(c) If the approved change affects the terms of the certificate, the Competent Authority shall amend them.

(d) The Competent Authority shall approve any conditions under which the aerodrome operator shall operate during the change.

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

(f) For changes not requiring prior approval, the Competent Authority 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 Competent Authority shall:

(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.

AMC1 ADR.AR.C.040(a) Changes — aerodrome operator

ED Decision 2020/021/R

EFFECTIVE CERTIFICATION SPECIFICATIONS FOR CHANGES

(a) The certification specifications that the Competent Authority should use to assess the application for or the notification of a change, should be those which were effective on the date of the notification of the change by the aerodrome operator.

(b) Notwithstanding paragraph (a) above, at any point of the process the aerodrome operator may request to use certification specifications that came into force after the filing of the application for, or notification of a change. In such cases, the Competent Authority should examine if it is necessary to also notify the aerodrome operator of other certification specifications, which also came into effect after the date of the application for, or the notification of the change by the aerodrome operator, and which are, in the opinion of the Competent Authority, directly related to those already identified as being affected by the change.

(c) Notwithstanding paragraph (a) and (b) above, the Competent Authority may at any time, after the application or notification of a change by the aerodrome operator, decide to notify the aerodrome operator of any certification specifications that it deems necessary for the proposed change.

AMC2 ADR.AR.C.040(a) Changes — aerodrome operator

ED Decision 2020/021/R

CHANGES REQUIRING PRIOR APPROVAL

(a) Upon receiving an application for a proposed change that requires a prior approval, the Competent Authority should, in due time:

(1) assess the proposed change in relation to the certification basis, and the applicable requirements of Part-ADR.OR, Part-ADR.OPS, as well as any other applicable requirements;

(2) assess if the aerodrome operator has identified all the applicable certification specifications, applicable requirements of Part-ADR.OR, Part-ADR.OPS, or other applicable requirements which are related to or affected by the change, as well as any proposal of the applicant for the demonstration of an equivalent level of safety;

(3) assess the actions proposed by the aerodrome operator in order to show compliance with (1) and (2) above;

(4) review and assess the content of proposed changes to the aerodrome manual; and

(5) evaluate the safety assessment that has been submitted by the aerodrome operator, in accordance with GM3 ADR.AR.C.035(a) and verify its compliance with ADR.OR.B.040(f).

(b) The Competent Authority should also determine, in due time:

(1) if the proposed change is directly related to any other certification specification which had been included in the certification basis. If the Competent Authority finds such a relationship, it should include these related certification specifications amongst those to be notified to the applicant; and

(2) if the proposed change is such that a special condition, or an amendment to an existing special condition is required.

(c) The Competent Authority should document and notify, in writing, the aerodrome operator, in due time, of:

(1) the certification specifications that it has identified to be applicable in accordance with the previous paragraphs (a) and (b);

(2) any provisions for which the Competent Authority has accepted the applicant to demonstrate an equivalent level of safety; and

(3) any special conditions, or amendments to special conditions it finds necessary.

(d) Any subsequent changes to the items mentioned in paragraph (c), should be documented and notified to the aerodrome operator, in writing, in due time.

(e) The Competent Authority should, in due time, verify the compliance of the aerodrome operator and, depending on the change, examine the need for prescribing any condition for the operation of the aerodrome during the change.

(f) When notifying the aerodrome operator in accordance with paragraph (c) or (d), the Competent Authority should also inform him/her of the right of appeal, as exists under the applicable national legislation.

AMC1 ADR.AR.C.040(a);(f) Changes — aerodrome operator

ED Decision 2020/021/R

GENERAL

(a) Changes in nominated persons: The Competent Authority should be informed of any changes to nominated persons (see ADR.OR.D.015) that may affect the certificate or the terms of approval attached to it. When an aerodrome operator submits the name of a nominee for the nominated persons, the Competent Authority should assess his/her qualifications, and may interview the nominee, or call for additional evidence of his/her suitability. (see GM1 ADR.AR.C.035(a)).

(b) The Competent Authority should receive from the aerodrome operator each management system documentation amendment, including amendments that do not require prior approval by the Competent Authority. A documented systematic approach should be used for maintaining the information on when an amendment was received by the Competent Authority and when it was approved.

(c) Where the amendment requires the Competent Authority’s approval, the Competent Authority, when satisfied, should indicate its approval in writing. Where the amendment does not require prior approval, the Competent Authority should acknowledge receipt in writing within the time limits existing under the relevant national legislation.

(d) For changes requiring prior approval, in order to verify the aerodrome operator's compliance with the applicable requirements, the Competent Authority should consider the need to conduct an audit of the operator, limited to the extent of the changes. If required for verification, the audit should include additional interviews and inspections carried out at the aerodrome operator’s facilities.

GM1 ADR.AR.C.040(c) Changes — aerodrome operator

ED Decision 2020/021/R

AMENDMENTS TO THE TERMS OF THE CERTIFICATE

The Competent Authority should amend the terms of the certificate when the terms have changed, irrespective of the magnitude of the change.

GM1 ADR.AR.C.040(d) Changes — aerodrome operator

ED Decision 2020/021/R

CONDITIONS UNDER WHICH TO OPERATE DURING A CHANGE

The conditions or limitations under which an aerodrome operator can operate during a change should be approved by the authority but should usually be elaborated between the operator and the authority upon suggestion of the aerodrome operator.

ADR.AR.C.050 Declaration of organisations responsible for the provision of AMS and notification of a change

Delegated Regulation (EU) 2020/1234

(a) Upon receiving a declaration from an organisation responsible for the provision of AMS that intends to provide such a service at an aerodrome, or upon receiving a notification of a change to the information contained in the declaration, the Competent Authority shall acknowledge receipt of the declaration or the notification of a change, and shall verify that the declaration or the notification contains all the information required by Annex III (Part-ADR.OR).

(b) If the declaration or the notification of a change does not contain all the information required under point ADR.OR.F.005 of Annex III, or contains information that is not in accordance with the applicable requirements, the Competent Authority shall notify the organisation responsible for the provision of AMS and the aerodrome operator where such service is provided about the non-compliance and request further information. If deemed necessary the competent authority shall carry out an inspection of the organisation. If the non-compliance is confirmed, the Competent Authority shall take action as defined in point ADR.AR.C.055 of this Annex.

(c) The Competent Authority shall keep a register of the declarations and of the notifications of a change of the organisation responsible for the provision of AMS under its oversight.

GM1 ADR.AR.C.050 Declaration of organisations responsible for the provision of AMS and notification of a change

ED Decision 2020/021/R

VERIFICATION OF COMPLIANCE — DECLARATIONS

The verification made by the Competent Authority upon receipt of a declaration does not necessarily imply an inspection. The primary aim is to check whether what is declared complies with applicable requirements.

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

Delegated Regulation (EU) 2020/1234

(a) The Competent Authority for oversight in accordance with ADR.AR.C.005(a) shall have a system to analyse findings for their safety significance.

(b) A level 1 finding shall be issued by the Competent Authority 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.

The level 1 finding shall include:

(1) failure to give the Competent Authority 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.

(c) A level 2 finding shall be issued by the Competent Authority 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.

(d) When a finding is detected, during oversight or by any other means, the Competent Authority 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.

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

(4) The Competent Authority 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 Competent Authority may issue observations.

(f) Any findings issued with regard to an organisation responsible for the provision of AMS or any observations made to the organisation responsible for the provision of AMS shall be notified by the Competent Authority to the operator of the aerodrome where such service is provided.

GM1 ADR.AR.C.055 Findings, observations, corrective actions, and enforcement measures

ED Decision 2014/012/R

ENFORCEMENT MEASURES — FINANCIAL PENALTIES

The Competent Authority may additionally, and depending on the nature and the repetitiveness of the findings, or the level of implementation of the corrective actions, impose financial penalties as appropriate, which are effective, proportionate, and dissuasive.

GM2 ADR.AR.C.055 Findings, observations, corrective actions, and enforcement measures

ED Decision 2014/012/R

TRAINING

For a level 1 finding, it may be necessary for the Competent Authority to ensure that further training by the aerodrome operator, or the provider of the apron management services is carried out, and audited by the Competent Authority before the activity is resumed, dependent upon the nature of the finding.

GM3 ADR.AR.C.055 Findings, observations, corrective actions, and enforcement measures

ED Decision 2014/012/R

CATEGORIES OF FINDINGS — DOCUMENTARY EVIDENCE

Examples of documentary evidence include, but are not limited to:

(a) aerodrome or equipment manuals;

(b) contracts or other types of arrangements;

(c) training, qualification, or medical records;

(d) inspection records;

(e) test or exercise results;

(f) internal audit results;

(g) maintenance records; and

(h) other similar material required to be maintained by the aerodrome operator, or the provider of apron management services.