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

Regulation (EU) No 139/2014

Prior to commencing the operation of an aerodrome or when an exemption in accordance with Article 5 has been revoked, the aerodrome operator shall obtain the applicable certificate(s) issued by the Competent Authority.

ADR.OR.B.015 Application for a certificate

Implementing Regulation (EU) 2020/469

(a) The application for a certificate shall be made in a form and manner established by the Competent Authority.

(b) The applicant shall provide the Competent Authority with the following:

(1) its official name and business name, address, and mailing address;

(2) information and data regarding:

(i) the location of the aerodrome;

(ii) the type of operations at the aerodrome and the associated airspace; and

(iii) the design and facilities of the aerodrome, in accordance with the applicable certification specifications established by the Agency;

(3) any proposed deviations from the identified applicable certification specifications established by the Agency;

(4) documentation demonstrating how it will comply with the applicable requirements established in Regulation (EC) No 216/2008 and its Implementing Rules. Such documentation shall include a procedure, contained in the aerodrome manual, describing how changes not requiring prior approval will be managed and notified to the Competent Authority; subsequent changes to this procedure shall require prior approval by the Competent Authority;

(5) evidence of adequacy of resources to operate the aerodrome in accordance with the applicable requirements;

(6) documented evidence showing the relationship of the applicant with the aerodrome owner and/or the land owner;

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

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

(c) If acceptable to the Competent Authority, information under points (7) and (8) may be provided at a later stage determined by the Competent Authority, but prior to the issuance of the certificate.

INITIAL INTEREST

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

The applicant should also make arrangements for its key personnel to be present during this meeting.

During this meeting, the applicant should present to the authority its plans with regard to the aerodrome.

During the meeting, the applicant may be:

(a) provided by the Competent Authority with general information about the applicable requirements for the aerodrome;

(b) provided with copies of the applicable requirements, and a description of the procedures that are followed during the certification process; and

(c) informed by the Competent Authority about possible approvals, permits, or clearances that may be needed to be obtained from other competent authorities of the Member State.

APPLICATION

The application should be made in writing, and be signed by the applicant, using a standardised form established by the Competent Authority.

INFORMATION TO BE PROVIDED TO THE COMPETENT AUTHORITY

(a) The applicant should:

(1) provide its telephone, and fax number, and e-mail address for communication with the Competent Authority;

(2) indicate the names of its employees whom the Competent Authority would contact in order to address any issues that might arise during the evaluation of the application, and the certification process.

(b) The applicant should provide the Competent Authority with the following:

(1) information about the location of the aerodrome: the exact location of the aerodrome should be depicted on a map of a suitable scale acceptable to the Competent Authority;

(2) information about the type of operations at the aerodrome, including:

(i) operations during the day and/or night, and type of approaches;

(ii) landing, and/or take-off operations on each runway;

(iii) the aircraft types to be served at the aerodrome, and the aircraft type to be used for the design of the aerodrome; and

(iv) any limitations to the operation of the aerodrome.

(3) the drawing(s) showing the design of the aerodrome, which should:

(i) be in a suitable scale, acceptable to the Competent Authority;

(ii) be in an electronic format if this is acceptable to the Competent Authority.

(iii) contain all the necessary information, including:

(A) runway(s) orientation;

(B) the dimensions of the aerodrome’s physical characteristics;

(C) the visual and non-visual aids;

(D) the obstacle limitation surfaces, and any other surfaces applicable; and

(E) the aerodrome facilities, installations, and fixed equipment and their location.

(4) description, height, and location of obstacles, in accordance with the applicable aeronautical data requirements (see ADR.OPS.A.005 and AMC1 ADR.OPS.A.005).

(c) The applicant should identify the applicable certification specifications for the design and type of operations of the proposed aerodrome and provide the Competent Authority with evidence that the proposed design and operation complies with them. If relevant, the applicant should also provide the Competent Authority with:

(1) the certification specifications for which it proposes to show compliance in a different manner and demonstrate an equivalent level of safety. Such a proposal has to be acceptable to the Competent Authority. In such cases, the applicant should also propose the method that will be used to demonstrate compliance and achieve an equivalent level of safety, and submit all necessary documentation to support the proposal;

(2) any other proposal for which the applicant assumes that the certification specifications issued by the Agency are inadequate or inappropriate.

(d) The applicant should provide the Competent Authority documentation to demonstrate how it will comply with the applicable requirements of the Basic Regulation, Part-ADR.OR, and Part-ADR.OPS, and any other applicable requirements that are matching the aerodrome design and its operation.

AERODROME BOUNDARIES

The map submitted with the application should indicate the boundary of the aerodrome area. It should include, at least, runways, taxiways, aprons, associated strips, runway end safety areas, stopways, clearways, aerodrome visual aids, fixed aerodrome equipment, other aerodrome operational areas, areas adjacent to the movement area, etc, while maintenance areas may be excluded if acceptable to the Competent Authority.

The above aerodrome boundary should not be confused with the boundaries established for other purposes, such as fences, the land ownership boundaries used by local planning authorities, or those used to designate security restricted zones.

METEOROLOGICAL CONDITIONS

The applicant should provide the Competent Authority with a meteorological study of the area of the aerodrome, including temperature, visibility, ceiling and wind conditions; moreover, the study should provide information on wind conditions occurring with poor visibility and/or low cloud base at the aerodrome, and their frequency, as well as the accompanying wind direction and speed.

EVIDENCE OF ARRANGEMENTS WITH THIRD PARTIES

The applicant should provide all necessary evidence for arrangements with third parties that provide, or intend to provide services, or undertake activities at the aerodrome, whose activities may have an impact on safety.

ADEQUACY OF RESOURCES

(a) General

The applicant should provide all necessary information needed in order to demonstrate to the Competent Authority that its proposed organisation and management are suitable, and properly matched to the scale and scope of the operation.

The aerodrome operator should have the ability to discharge its responsibilities with regard to safety. The accountable manager should have access, as well as the authorisation, to the necessary resources to ensure that operations are carried out in accordance with the applicable requirements. The resources include, but are not limited to, personnel, tools and equipment, as well as financial resources.

(b) Arrangements with other parties

The applicant should indicate those services that are going to be provided directly by the applicant itself and those that will be provided by contracted third parties with regard to the adequacy of the resources.

The applicant should also provide evidence of arrangements if third parties are going to be involved in the provision of services. In addition, the applicant should provide any relevant information needed, or requested by the Competent Authority, regarding such third parties.

ADEQUACY OF RESOURCES

(a) General

In demonstrating to the Competent Authority the suitability of its organisation and management, the applicant should, amongst others, take into account in its analysis the following:

(1) the size and complexity of the aerodrome;

(2) the type of traffic;

(3) the type of operations;

(4) the level and the density of the traffic;

(5) the operating hours of the aerodrome;

(6) the amount of full-time equivalents (FTEs) necessary for each activity;

(7) human factors principles;

(8) labour legislation; and

(9) the degree of subcontracting.

(b) Adequacy of financial resources

The financial resources required are linked to the overall objective for the safe operation and maintenance of the aerodrome, including the aerodrome operator’s capability to implement the corrective actions needed, in a timely manner. Information that may be provided to the Competent Authority includes audited accounts of the previous financial year, business plans etc.

RELATIONSHIP OF THE APPLICANT WITH THE AERODROME OWNER

The applicant should demonstrate to the Competent Authority, in accordance with the applicable national legislation that he/she is duly authorised to undertake all activities necessary under the provisions of the Basic Regulation, and its Implementing Rules, and any other applicable national or European Union rule.

The applicant should also provide the Competent Authority with all information necessary, under the applicable national legislation, to demonstrate to the Competent Authority its relationship with the aerodrome owner, and/or the owner of the land to be used for the aerodrome development.

Such documentation should include, but is not limited to, contracts, lease agreements, authorisations between the persons involved, etc.

INFORMATION TO BE PROVIDED FOR MANAGEMENT PERSONNEL

The applicant should provide information regarding the qualifications, and experience of the accountable manager, and the other nominated persons required.

AERODROME MANUAL

The aerodrome manual and its amendments may be submitted to the Competent Authority in electronic format if this is acceptable to the Competent Authority. If the aerodrome manual is submitted in electronic format, the format should be such that allows the Competent Authority to review, store, and reproduce it.

ADR.OR.B.025 Demonstration of compliance

Implementing Regulation (EU) 2020/469

(a) The aerodrome operator shall:

(1) perform and document all actions, inspections, tests, safety assessments or exercises necessary, and shall demonstrate to the Competent Authority:

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

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

(iii) that the flight procedures of the aerodrome and the associated changes thereto, have been established in accordance with Commission Implementing Regulation (EU) 2017/37315 Commission Implementing Regulation (EU) 2017/373 of 1 March 2017 laying down common requirements for providers of air traffic management/air navigation services and other air traffic management network functions and their oversight, repealing Regulation (EC) No 482/2008, Implementing Regulations (EU) No 1034/2011, (EU) No 1035/2011 and (EU) 2016/1377 and amending Regulation (EU) No 677/2011 (OJ L 62, 8.3.2017, p. 1)..

(2) provide to the Competent Authority the means by which compliance has been demonstrated; and

(3) declare to the Competent Authority its compliance with point (a)(1).

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

USE OF THIRD PARTIES TO DEMONSTRATE COMPLIANCE

While performing the necessary actions, inspections, tests, safety assessments, or exercises necessary to demonstrate compliance, the aerodrome operator may also use contracted third parties.

In any case, the responsibility remains with the aerodrome operator.

FLIGHT PROCEDURES

Evidence that the flight procedures of the aerodrome have been approved, as required by the applicable requirements, is considered to be an Acceptable Means of Compliance.

MODEL FORM OF DECLARATION OF COMPLIANCE — AERODROME OPERATORS

 

Declaration of compliance

of aerodrome operator

in accordance with Commission Regulation (EC) No …….…/……… on aerodrome design and operation

Aerodrome name — Location indicator:

Aerodrome operator

Name:

Place in which the operator is established or residing:

Name and contact details of the accountable manager:

Statements

The certification basis is complied with, and the aerodrome, as well as its obstacle limitation and protection surfaces, and other areas associated with the aerodrome, have no features or characteristics making it unsafe for operation.

All personnel are qualified, competent, and trained in accordance with the applicable requirements.

The management system documentation, including the aerodrome manual, comply with the applicable requirements set out in Part-ADR.OR and Part-ADR.OPS.

The operation and maintenance of the aerodrome will be carried out in accordance with the requirements of Regulation (EC) No 216/2008 and its Implementing Rules, the terms of the certificate, and the procedures and instructions specified in the aerodrome manual.

The aerodrome operator confirms that the information disclosed in this declaration is correct.

Date, name and signature of the accountable manager

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

Regulation (EU) No 139/2014

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

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

Regulation (EU) No 139/2014

(a) A certificate shall remain valid subject to:

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

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

(3) the certificate not being surrendered or revoked.

(b) Upon revocation or surrender, the certificate shall be returned to the Competent Authority without delay.

ADR.OR.B.040 Changes

Regulation (EU) No 139/2014

(a) Any change:

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

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

shall require prior approval by the Competent Authority.

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

(c) The application for a change in accordance with point (a) or (b) shall be submitted before any such change takes place, in order to enable the Competent Authority to determine continued compliance with Regulation (EC) No 216/2008 and its Implementing Rules and to amend, if necessary, the certificate and related terms of the certificate attached to it.

The change shall only be implemented upon receipt of formal approval by the Competent Authority in accordance with ADR.AR.C.040.

During the changes, the aerodrome operator shall operate under the conditions approved by the Competent Authority.

(d) Changes not requiring prior approval shall be managed and notified to the Competent Authority as defined in the procedure approved by the Competent Authority in accordance with ADR.AR.C.035(h).

(e) The aerodrome operator shall provide the Competent Authority with the relevant documentation in accordance with point (f) and ADR.OR.E.005.

(f) As part of its management system, as defined in ADR.OR.D.005, the aerodrome operator proposing a change to the aerodrome, its operation, its organisation or its management system shall:

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

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

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

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

AMC1 ADR.OR.B.040(a);(b) Changes

ED Decision 2014/012/R

CHANGES REQUIRING PRIOR APPROVAL

The aerodrome operator should ensure that prior to initiating any change to the aerodrome or its operation, which requires prior approval, an application is submitted to the Competent Authority. The applicant should provide documentation containing a description of the proposed change, in which the following are identified:

(a) the terms of the certificate, and/or the elements of the certification basis, and/or the safety-critical aerodrome equipment and/or aerodrome operator’s management system (as required by ADR.OR.D.005(b)), and the parts of aerodrome manual, which are affected by the change, including relevant appropriate detailed design drawings;

(b) the certification specifications with which the proposed change has been designed to comply with, including the certification specifications for which the applicant proposes to show compliance in a different manner in order to demonstrate an equivalent level of safety (for such cases see AMC1 ADR.OR.B.015(b)(1);(2);(3);(4), paragraph (c)(1));

(c) the requirements of Part-ADR.OR and Part-ADR.OPS, and any other applicable requirements that have to be complied with as a result of the proposed change, including the way in which compliance is intended to be demonstrated; and

(d) the safety assessment required under ADR.OR.B.040(f).

GM1 ADR.OR.B.040(a);(b) Changes

ED Decision 2021/003/R

CHANGES REQUIRING PRIOR APPROVAL

The following is a list of items which are granted prior approval by the Competent Authority, as specified in the applicable Implementing Rules.

(a) Use of alternative means of compliance as required by ADR.OR.A.015 Means of Compliance.

(b) Changes to the management and notification procedure for changes not requiring a prior approval, as required by ADR.OR.B.015(b)(4) Application for a certificate.

(c) Changes to the certification basis, or the terms of the certificate, as required by ADR.OR.B.040(a)(1) Changes.

(d) Changes to safety-critical aerodrome equipment as required by ADR.OR.B.040(a)(1) Changes.

(e) Changes significantly affecting elements of the aerodrome operator’s management system as required by ADR.OR.B.040(a)(2) Changes.

(f) Changes to the level of protection of rescue and firefighting services as required by ADR.OPS.B.010(a)(1)(2) Rescue and firefighting services.

(g) Implementation of aeroplane operations on specially prepared winter runways as required by ADR.OPS.B.036 Operations on specially prepared winter runways.

(h) Changes to low-visibility procedures as required by ADR.OPS.B.045(b) Low Visibility Operations.

(i) Operation of aircraft with higher code letter as required by ADR.OPS.B.090(a) Use of the aerodrome by higher code letter aircraft.

(j) Changes to the flight procedures.

Moreover the Competent Authority may require prior approval for changes to 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, as required by ADR.AR.C.005(e).

GM1 ADR.OR.B.040(f) Changes

ED Decision 2014/012/R

ASSESSMENT OF CHANGES

(a) Safety assessment for a change

A safety assessment for a change should include:

(1) identification of the scope of the change;

(2) identification of hazards;

(3) determination of the safety criteria applicable to the change;

(4) risk analysis in relation to the harmful effects or improvements in safety related to the change;

(5) risk evaluation and, if required, risk mitigation for the change to meet the applicable safety criteria;

(6) verification that the change conforms to the scope that was subject to safety assessment, and meets the safety criteria, before the change is put into operation; and

(7) the specification of the monitoring requirements necessary to ensure that the aerodrome and its operation will continue to meet the safety criteria after the change has taken place.

(b) Scope of the safety assessment

The scope of the safety assessment should include the following elements and their interaction:

(1) the aerodrome, its operation, management, and human elements being changed;

(2) interfaces and interactions between the elements being changed and the remainder of the system;

(3) interfaces and interactions between the elements being changed and the environment in which it is intended to operate; and

(4) the full lifecycle of the change from definition to operations.

(c) Safety criteria

The safety criteria used should be defined in accordance with the procedures for the management of change contained in the aerodrome manual.

The safety criteria used should, depending on the availability of data, be specified with reference to explicit quantitative acceptable safety risk levels, recognised standards, and/or codes of practice, the safety performance of the existing system, or a similar system.

GM2 ADR.OR.B.040(f) Changes

ED Decision 2014/012/R

ASSESSMENT OF CHANGES - LOCAL RUNWAY SAFETY TEAM

For the role of the Local Runway Safety Team prior to implementing changes, see also GM2 ADR.OR.D.027.

GM3 ADR.OR.B.040(f) Changes

ED Decision 2014/012/R

ASSESSMENT OF CHANGES – RUNWAY SAFETY

Particular attention should be given to changes which may have an effect on runway safety. This includes the introduction of, or changes to noise mitigation or noise abatement procedures. 

ADR.OR.B.050 Continuing compliance with the Agency’s certification specifications

Regulation (EU) No 139/2014

The aerodrome operator, following an amendment of the certification specifications established by the Agency, shall:

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

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

ADR.OR.B.065 Termination of operation

Regulation (EU) No 139/2014

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

(a) notify the Competent Authority as soon as possible;

(b) provide such information to the appropriate Aeronautical Information Service provider;

(c) surrender the certificate to the Competent Authority upon the date of termination of operation; and

(d) ensure that appropriate measures have been taken to avoid the unintended use of the aerodrome by aircraft, unless the Competent Authority has approved the use of the aerodrome for other purposes.

TERMINATION OF OPERATION

In case of intended termination of the operation of the aerodrome, the aerodrome operator should notify, in writing, the Competent Authority and the Aeronautical Information Service provider. The notification should be done in such time in advance, so as to allow for the timely publication of the changes, and their notification by the Aeronautical Information Regulation And Control (AIRAC) system in accordance with the related timeframe.

Upon the termination of the operation, the aerodrome operator should apply closed runway markings, as well as any other measure the Competent Authority has found appropriate.

ADR.OR.B.070 Termination of the provision of apron management service

Delegated Regulation (EU) 2020/1234

The aerodrome operator shall:

(a) take appropriate measures to ensure that safety risks that result from the termination of operation have been assessed and mitigated;

(b) provide information on the measures referred to in point (a) to the appropriate aeronautical information service provider.