ADR.AR.A.001 Scope

Delegated Regulation (EU) 2020/1234

This Annex establishes requirements for the Competent Authorities responsible for:

(a) the certification and oversight of aerodromes and aerodrome operators;

(b) receiving declarations of capability and availability of the means to discharge the responsibilities by the organisations responsible for the provision of apron management services and their oversight.

ADR.AR.A.005 Competent Authority

Delegated Regulation (EU) 2020/1234

The Competent Authority designated by the Member State in which an aerodrome is located shall be responsible for the:

(a) certification and oversight of aerodromes and its aerodrome operators;

(b) receiving declarations of capability and availability of the means to discharge the responsibilities by the organisations responsible for the provision of apron management services and their oversight.

ADR.AR.A.010 Oversight documentation

Delegated Regulation (EU) 2020/1234

(a) The Competent Authority shall provide the relevant legislative acts, standards, rules, technical publications and related documents to its relevant personnel in order to perform their tasks and to discharge their responsibilities.

(b) The Competent Authority shall make available legislative acts, standards, rules, technical publications and related documents to aerodrome operators, organisations responsible for the provision of AMS and other interested parties to facilitate their compliance with the applicable requirements.

AVAILABILITY OF DOCUMENTATION TO THIRD PARTIES

Legislative acts, standards, rules, technical publications, and other similar documents are made available, in a timely manner, to aerodrome operators, organisations responsible for the provision of apron management services (AMS) and to any other party concerned in various ways and formats, such as via websites, the respective government’s official gazette, or any other means.

The way to make such material available, including the possible application of fees, is for the Competent Authority to decide.

Making such documentation available is without prejudice to the application of rules regarding the protection of intellectual property rights, or similar applicable legislation.

ADR.AR.A.015 Means of compliance

Delegated Regulation (EU) 2020/1234

(a) The Agency shall develop Acceptable Means of Compliance (AMC) that may be used to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules. When the Acceptable Means of Compliance are complied with, the related requirements of the Implementing Rules are met.

(b) Alternative means of compliance may be used to establish compliance with the Implementing Rules.

(c) The Competent Authority shall establish a system to consistently evaluate that the alternative means of compliance used by itself or by aerodrome operators or providers of apron management services under its oversight provide for compliance with Regulation (EC) No 216/2008 and its Implementing Rules.

(d) The Competent Authority shall evaluate the alternative means of compliance proposed by an aerodrome operator or an organisation responsible for the provision of AMS, in accordance with point ADR.OR.A.015, by analysing the documentation provided and, if considered necessary, conducting an inspection of the aerodrome operator, the aerodrome or the organisation responsible for the provision of AMS.

When the Competent Authority finds that the alternative means of compliance proposed by the aerodrome operator or the provider of apron management services are in accordance with the Implementing Rules, it shall without undue delay:

(1) notify the applicant that the alternative means of compliance may be implemented and, if applicable, amend the certificate or approval of the applicant accordingly;

(2) inform the Agency of their content, including copies of the relevant documentation;

(3) inform other Member States about alternative means of compliance that were accepted; and

(4) inform the certified aerodromes and the organisation responsible for the provision of AMS under its oversight, as appropriate.

(e) When the Competent Authority itself uses alternative means of compliance to achieve compliance with Regulation (EC) No 216/2008 and its Implementing Rules, it shall:

(1) make them available to aerodrome operators and providers of apron management services under its oversight; and

(2) without undue delay notify the Agency.

The Competent Authority shall provide the Agency with a full description of the alternative means of compliance, including any revisions to procedures that may be relevant, as well as an assessment demonstrating that the Implementing Rules are met.

GENERAL

The information to be provided to other Member States following approval of an alternative means of compliance should contain a reference to the Acceptable Means of Compliance (AMC) to which such means of compliance provides an alternative, as well as a reference to the corresponding Implementing Rule, indicating as applicable the subparagraph(s) covered by the alternative means of compliance.

GM1 ADR.AR.A.015 Means of compliance

ED Decision 2014/012/R

GENERAL

Alternative means of compliance used by a Competent Authority or by organisations under its oversight may be used by other Competent Authorities or organisations only if processed again in accordance with ADR.AR.A.015 (d) and (e).

ADR.AR.A.025 Information to the Agency

Regulation (EU) No 139/2014

(a) The Competent Authority shall without undue delay notify the Agency in case of any significant problems with the implementation of Regulation (EC) No 216/2008 and its Implementing Rules.

(b) The Competent Authority shall provide the Agency with safety-significant information stemming from the occurrence reports it has received.

ADR.AR.A.030 Immediate reaction to a safety problem

Delegated Regulation (EU) 2020/1234

(a) The Competent Authority shall implement a system to appropriately collect, analyse and disseminate safety information in accordance with Regulation (EU) No 376/2014 of the European Parliament and of the Council7 Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow‑up of occurrences in civil aviation, amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18)..

(b) The Agency shall implement a system to appropriately analyse any relevant safety information received and without undue delay provide to Member States and the Commission any information, including recommendations or corrective actions to be taken, necessary for them to react in a timely manner to a safety problem involving aerodromes, aerodrome operators and providers of apron management services subject to Regulation (EC) No 216/2008 and its Implementing Rules.

(c) Upon receiving the information referred to in points (a) and (b), the Competent Authority shall take adequate measures to address the safety problem, including the issuing of safety directives in accordance with ADR.AR.A.040.

(d) Measures taken in accordance with point (c) shall immediately be notified to the aerodrome operators or organisations responsible for the provision of AMS which need to comply with them under Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. The Competent Authority shall also notify those measures to the Agency and, when combined action is required, the other Member States concerned.

(e) Measures notified to an organisation responsible for the provision of AMS shall also be notified to the operator of the aerodrome where the service is provided.

ADR.AR.A.040 Safety directives

Delegated Regulation (EU) 2020/1234

(a) The Competent Authority shall issue a safety directive if it has determined the existence of an unsafe condition requiring immediate action, including the showing of compliance with any amended or additional certification specification established by the Agency, which the Competent Authority finds is necessary.

(b) A safety directive shall be forwarded to the aerodrome operators or providers of apron management services concerned, as appropriate, and shall contain, as a minimum, the following information:

(1) the identification of the unsafe condition;

(2) the identification of the affected design, equipment, or operation;

(3) the actions required and their rationale, including the amended or additional certification specifications that have to be complied with;

(4) the time limit for compliance with the required actions; and

(5) its date of entry into force.

(c) The Competent Authority shall forward a copy of the safety directive to the Agency.

(d) The Competent Authority shall verify the compliance of aerodrome operators and providers of apron management services with the applicable safety directives.

(e) Safety directives notified to the organisation responsible for the provision of AMS shall also be notified to the operator of the aerodrome where the service is provided.

FORWARDING OF SAFETY DIRECTIVES

The safety directives that are forwarded to the Agency under ADR.AR.A.040 include but are not limited to cases like the following ones, where the Competent Authority has determined that:

(a) it is necessary to include additional certification specifications in the certification basis of an aerodrome;

(b) the aerodrome equipment has presented unusual, or frequent, or otherwise unjustified malfunctions or failures;

(c) the certification specifications established by the Agency are such that under given conditions additional action is required to be undertaken in order to maintain the level of safety;

(d) there is immediate need to take certain action in order to respond to a safety recommendation or following an accident or serious incident; or

(e) this or a similar unsafe condition may be present at other aerodromes of the same Member State.

Member States’ Competent Authorities may issue directives (which may be called ‘operational directives’ or otherwise) during their oversight activities, such as the instruction to the aerodrome operator or to the organisation responsible for the provision of AMS to abstain from a certain activity, or a positive action (e.g. cutting of trees which are found to penetrate the OLS, or the removal of certain objects from the aerodrome, etc.) needed to maintain the level of safety. Such directives are not to be forwarded to the Agency.