ADR.OR.C.005 Aerodrome operator responsibilities

Commission Delegated Regulation (EU) 2022/208

(a) The aerodrome operator is responsible for the safe operation and maintenance of the aerodrome in accordance with:

(1) Regulation (EC) No 216/2008 and its Implementing Rules;

(2) the terms of its certificate;

(3) the content of the aerodrome manual; and

(4) any other manuals for the aerodrome equipment available at the aerodrome, as applicable.

(b) The aerodrome operator shall ensure directly, or coordinate through arrangements as required with the accountable entities providing the following services:

(1) the provision of air navigation services appropriate to the level of traffic and the operating conditions at the aerodrome; and

(2) the design and maintenance of the flight procedures, in accordance with the applicable requirements.

(c) The aerodrome operator shall coordinate with the Competent Authority to ensure that relevant information for the safety of aircraft is contained in the aerodrome manual and is published where appropriate. This shall include:

(1) exemptions or derogations granted from the applicable requirements;

(2) provisions for which an equivalent level of safety was accepted by the Competent Authority as part of the certification basis; and

(3) special conditions and limitations with regard to the use of the aerodrome.

(d) If an unsafe condition develops at the aerodrome, the aerodrome operator shall, without undue delay, take all necessary measures to ensure that those parts of the aerodrome found to endanger safety are not used by aircraft.

(e) The aerodrome operator, in order to ensure the safe operation of aircraft at the aerodrome, shall provide and maintain, directly or through arrangements with third parties, visual and non‑visual aids, meteorological equipment and any other equipment, commensurate with the type of operations conducted at the aerodrome.

PUBLICATION OF INFORMATION TO THE AERONAUTICAL INFORMATION PUBLICATION

A description of cases involving exemptions, derogations, cases of equivalent level of safety, special conditions, including limitations with regard to the use of the aerodrome, should be published in the Aeronautical Information Publication (AIP), after coordination with the Competent Authority.

ADR.OR.C.015 Access

Delegated Regulation (EU) 2020/1234

For the purpose of determining compliance with the relevant requirements in Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof, an aerodrome operator shall grant access to any person authorised by the Competent Authority to:

(a) any facility, document, records, data, procedures or any other material relevant to its activity subject to certification or declaration, whether it is contracted or not; and

(b) perform or witness any action, inspection, test, assessment or exercise the Competent Authority finds is necessary.

ADR.OR.C.020 Findings and corrective actions

Delegated Regulation (EU) 2020/1234

After receipt of a notification of findings, the aerodrome operator shall:

(a) identify the root cause of the non-compliance;

(b) define a corrective action plan; and

(c) demonstrate the corrective action implementation to the satisfaction of the Competent Authority within the period agreed with that authority as defined in ADR.AR.C.055(d).

AMC1 ADR.OR.C.020(b) Findings

ED Decision 2014/012/R

GENERAL

The corrective action plan defined by the aerodrome operator should address the effects of the non-compliance, as well as its root cause.

GM1 ADR.OR.C.020 Findings

ED Decision 2014/012/R

GENERAL

(a) Preventive action is the action to eliminate the cause of a potential non-compliance or other undesirable potential situation.

(b) Corrective action is the action to eliminate or mitigate the root cause(s), and prevent recurrence of an existing detected non-compliance, or other undesirable condition or situation. Proper determination of the root cause is crucial for defining effective corrective actions to prevent recurrence.

(c) Correction is the action to eliminate a detected non-compliance.

ADR.OR.C.025 Immediate reaction to a safety problem — compliance with safety directives

Delegated Regulation (EU) 2020/1234

The aerodrome operator shall implement any safety measures, including safety directives, taken by the Competent Authority in accordance with points ADR.AR.A.030(c) and ADR.AR.A.040 of Annex II.

ADR.OR.C.030 Occurrence reporting

Delegated Regulation (EU) 2020/1234

(a) The aerodrome operator shall report to the Competent Authority and to any other organisation required by the State where the aerodrome is located, any accident, serious incident and occurrence as defined in Regulation (EU) No 996/2010 of the European Parliament and the Council16 Regulation (EU) No 996/2010 of the European Parliament and the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35). and Regulation (EU) No 376/2014.

(b) Without prejudice to point (a) the operator shall report to the Competent Authority and to the organisation responsible for the design of aerodrome equipment any malfunction, technical defect, exceeding of technical limitations, occurrence or other irregular circumstance that has or may have endangered safety and that has not resulted in an accident or serious incident.

(c) Without prejudice to Regulation (EU) No 996/2010 and Directive 2003/42/EC, Commission Regulation (EC) No 1321/200717 OJ L 294, 13.11.2007, p. 3. and Commission Regulation (EC) No 1330/200718 OJ L 295, 14.11.2007, p. 7. the reports referred to in points (a) and (b) shall be made in a form and manner established by the Competent Authority and contain all pertinent information about the condition known to the aerodrome operator or the provider of apron management services.

(d) Reports shall be made by the aerodrome operator within 72 hours of becoming aware of the occurrence to which the report relates, unless exceptional circumstances prevent this.

(e) Where relevant, the aerodrome operator shall produce a follow-up report to provide details of actions it intends to take to prevent similar occurrences in the future, as soon as those actions have been identified. That report shall be produced in a form and manner established by the Member State.

GENERAL

The aerodrome operator should establish procedures to be used for reporting to the Competent Authority and to any other organisation, as required, which include:

(a) the description of the applicable requirements for the purpose of reporting;

(b) the description of the reporting mechanism, including reporting forms, means, and deadlines;

(c) the personnel responsible for reporting; and

(d) the description of the mechanism and personnel responsibilities for identifying root causes, and the actions that may be needed to be taken to prevent similar occurrences from happening in the future, as appropriate.

ADR.OR.C.040 Prevention of fire

Regulation (EU) No 139/2014

The aerodrome operator shall establish procedures to prohibit:

(a) smoking within the movement area, other operational areas of the aerodrome, or areas of the aerodrome where fuel or other flammable material is stored;

(b) display of an open flame or undertaking of an activity that would create a fire hazard within:

(1) areas of the aerodrome where fuel or other flammable material is stored;

(2) the movement area or other operational areas of the aerodrome, unless authorised by the aerodrome operator.

AMC1 ADR.OR.C.040 Prevention of fire

ED Decision 2014/012/R

The aerodrome operator should develop procedures and assign responsibilities for the control of smoking or activities that involve the use of fire hazard, as appropriate.

In addition, these procedures should address the adoption and use of mitigating measures when necessary activities (e.g. maintenance, etc.) which might involve fire hazard need to be authorised.

Such authorised activities may not include smoking within the movement area, other operational areas of the aerodrome, or areas of the aerodrome where fuel or other flammable material are stored.

ADR.OR.C.045 Use of alcohol, psychoactive substances and medicines

Regulation (EU) No 139/2014

(a) The aerodrome operator shall establish procedures on the level of consumption of alcohol, psychoactive substances and medicines by:

(1) personnel involved in the operation, rescue and firefighting, and maintenance of the aerodrome;

(2) unescorted persons operating on the movement area or other operational areas of the aerodrome.

(b) These procedures shall include the requirements that such persons shall:

(1) not consume alcohol during their duty period;

(2) not perform any duties under the influence:

(i) of alcohol, or any psychoactive substance; or

(ii) any medicine that may have an effect on his/her abilities in a manner contrary to safety.

GM1 ADR.OR.C.045 Use of alcohol, psychoactive substances and medicines

ED Decision 2014/012/R

(a) The procedures that the aerodrome operator should establish with respect to the level of consumption of alcohol, psychoactive substances and medicines are applicable to all persons referred to in paragraph (a) of ADR.OR.C.045. This includes the following:

(1) personnel involved in the operation, rescue and firefighting, and maintenance of the aerodrome, irrespectively of the relationship they have with the aerodrome operator (e.g. directly employed by the aerodrome operator or by organisations contracted by the aerodrome operator);

(2) unescorted persons operating on the movement area or other operational areas of the aerodrome. This category of persons includes:

(i) persons employed directly by the aerodrome operator, or by organisations contracted by the aerodrome operator, which are not involved in the operation, rescue and firefighting, and maintenance of the aerodrome (e.g. aerodrome security personnel);

(ii) persons employed by other organisations (e.g. ground handling companies).

(b) Notwithstanding the responsibilities of the organisations referred to in paragraph (a)(2)(ii), the aerodrome operator should ensure that these organisations establish appropriate procedures to comply with the provisions of ADR.OR.C.045 and the related requirements established by the aerodrome operator.

Further guidance on this issue may be found in the ICAO Manual on Prevention of Problematic Use of Substances in the Aviation Workplace (Doc 9654).