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Document 32020R1234
Commission Delegated Regulation (EU) 2020/1234 of 9 June 2020 amending Regulation (EU) No 139/2014 as regards the conditions and procedures for the declaration by organisations responsible for the provision of apron management services (Text with EEA relevance)
Commission Delegated Regulation (EU) 2020/1234 of 9 June 2020 amending Regulation (EU) No 139/2014 as regards the conditions and procedures for the declaration by organisations responsible for the provision of apron management services (Text with EEA relevance)
Commission Delegated Regulation (EU) 2020/1234 of 9 June 2020 amending Regulation (EU) No 139/2014 as regards the conditions and procedures for the declaration by organisations responsible for the provision of apron management services (Text with EEA relevance)
C/2020/3625
OJ L 282, 31.8.2020, p. 1–16
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
31.8.2020 |
EN |
Official Journal of the European Union |
L 282/1 |
COMMISSION DELEGATED REGULATION (EU) 2020/1234
of 9 June 2020
amending Regulation (EU) No 139/2014 as regards the conditions and procedures for the declaration by organisations responsible for the provision of apron management services
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2018/1139 of the European Parliament and of the Council of 4 July 2018 on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency, and amending Regulations (EC) No 2111/2005, (EC) No 1008/2008, (EU) No 996/2010, (EU) No 376/2014 and Directives 2014/30/EU and 2014/53/EU of the European Parliament and of the Council, and repealing Regulations (EC) No 552/2004 and (EC) No 216/2008 of the European Parliament and of the Council and Council Regulation (EEC) No 3922/91 (1), and in particular Article 39(1) thereof,
Whereas:
(1) |
Commission Regulation (EU) No 139/2014 (2) lays down requirements and administrative procedures related to aerodromes and to the provision of apron management service (‘AMS’). However, that Regulation contains a limited number of provisions addressing the safe provision of that service. A dedicated set of additional requirements, as a subpart of aerodrome operations, should therefore be provided. |
(2) |
Annex II (Part-ADR.AR) of Regulation (EU) No 139/2014 is laying down requirements for management and oversight of organisations by competent authorities. This Annex should be amended to give to the competent authority of the Member State where the AMS is provided, the powers to receive and register the declarations of capability submitted by organisations responsible for the providing of apron management services. |
(3) |
In order to ensure a high level of safety at an aerodrome, the requirements for organisations responsible for the provision of AMS should be aligned with those applicable to aerodrome operators and in particular with the requirements for safety management, operational procedures and personnel. |
(4) |
Requirements for the management of safety-related interfaces between the aerodrome operator, the organisations responsible for the provision of AMS and the air traffic service provider with regard to operations on the apron should also be provided for. |
(5) |
In order to contribute to the safety of operations on an apron, specific operational procedures applicable to the aerodrome operator should be provided for. The aerodrome operator should be allowed to allocate responsibilities to other organisations. |
(6) |
The European Union Aviation Safety Agency has prepared draft rules and submitted them with Opinion No 2/2014 (3) in accordance with points (b) and (c) of Article 75(2) and with Article 76(1) of Regulation (EU) 2018/1139, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 139/2014 is amended as follows:
(1) |
Article 1 is amended as follows:
|
(2) |
Article 3 is amended as follows:
|
(3) |
in Article 11, paragraph 5 is deleted; |
(4) |
Annex II is amended in accordance with Annex I to this Regulation; |
(5) |
Annex III is amended in accordance with Annex II to this Regulation; |
(6) |
Annex IV is amended in accordance with Annex III to this Regulation. |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 20 March 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 June 2020.
For the Commission
The President
Ursula VON DER LEYEN
(1) OJ L 212, 22.8.2018, p. 1.
(2) Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 44, 14.2.2014, p. 1).
(3) https://www.easa.europa.eu/document-library/opinions
ANNEX I
Annex II (Part-ADR.AR) to Regulation (EU) No 139/2014 is amended as follows:
(1) |
point ADR.AR.A.001 is replaced by the following: ‘ADR.AR.A.001 Scope This Annex establishes requirements for the Competent Authorities responsible for:
|
(2) |
in point ADR.AR.A.005, point (b) is replaced by the following:
|
(3) |
in point ADR.AR.A.010, point (b) is replaced by the following:
|
(4) |
point ADR.AR.A.015(d) is amended as follows:
|
(5) |
point ADR.AR.A.030 is amended as follows:
|
(6) |
in point ADR.AR.A.040, the following point (e) is added:
|
(7) |
in point ADR.AR.B.005, point (c) is replaced by the following:
|
(8) |
in point ADR.AR.B.020(a), point (11) is replaced by the following:
|
(9) |
in point ADR.AR.C.005(a), point (2) is replaced by the following:
|
(10) |
point ADR.AR.C.010 is amended as follows:
|
(11) |
in point ADR.AR.C.040, the title is replaced by the following: ‘ADR.AR.C.040 Changes – aerodrome operator’; |
(12) |
point ADR.AR.C.050 is replaced by the following: ‘ADR.AR.C.050 Declaration of organisations responsible for the provision of AMS and notification of a change
|
(13) |
in point ADR.AR.C.055, the following point (f) is added:
|
(*1) 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).’;’
ANNEX II
Annex III to Regulation (EU) No 139/2014 is amended as follows:
(1) |
the title of Annex III is replaced by the following: ‘Part Organisation Requirements (Part-ADR.OR)’; |
(2) |
the title of Subpart B is replaced by the following: ‘SUBPART B – CERTIFICATION – AERODROMES AND AERODROME OPERATORS (ADR.OR.B)’; |
(3) |
point ADR.OR.B037 is deleted; |
(4) |
point ADR.OR.B060 is deleted; |
(5) |
the following point ADR.OR.B.070 is added: ‘ADR.OR.B.070 Termination of the provision of apron management service The aerodrome operator shall:
|
(6) |
in point ADR.OR.C.015, the introductory phrase is replaced by the following: ‘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:’; |
(7) |
in point ADR.OR.C.020, the introductory phrase is replaced by the following: ‘After receipt of a notification of findings, the aerodrome operator shall:’; |
(8) |
point ADR.OR.C.025 is replaced by the following: ‘ADR.OR.C.025 Immediate reaction to a safety problem – compliance with safety directives 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.’; |
(9) |
point ADR.OR.C.030 is amended as follows:
|
(10) |
the title of Subpart D is replaced by the following: ‘SUBPART D – MANAGEMENT – AERODROME OPERATORS (ADR.OR.D)’; |
(11) |
the following Subpart F is added: ‘SUBPART F – APRON MANAGEMENT SERVICE (ADR.OR.F) ADR.OR.F.001 Responsibilities of the organisation responsible for the provision of AMS The organisation responsible for the provision of AMS shall provide the apron management service in accordance with:
ADR.OR.F.005 Declaration of the organisation responsible for the provision of AMS
ADR.OR.F.010 Continued validity of the declaration A declaration made by an organisation responsible for the provision of AMS in accordance with point ADR.OR.F.005 shall remain valid subject to the following conditions:
ADR.OR.F.015 Start of the provision of apron management service An organisation responsible for the provision of AMS shall start the provision of apron management service at an aerodrome, when:
ADR.OR.F.020 Termination of the provision of apron management service An organisation responsible for the provision of AMS that intends to terminate permanently the provision of the service at an aerodrome shall:
ADR.OR.F.025 Changes
ADR.OR.F.030 Access For the purpose of determining whether an organisation responsible for the provision of AMS is acting in accordance with its declaration, the organisation responsible for the provision of AMS shall ensure that any person duly authorised by the Competent Authority, at any time:
ADR.OR.F.035 Findings and corrective actions
ADR.OR.F.040 Immediate reaction to a safety problem – compliance with safety directives An organisation responsible for the provision of AMS shall:
ADR.OR.F.045 Management system
ADR.OR.F.050 Reporting malfunctions of systems used for the provision of apron management services Without prejudice to Regulations (EU) No 376/2014, the organisation responsible for the provision of AMS shall report to the Competent Authority of the State where the aerodrome is located, to the aerodrome operator and to the organisation responsible for the design of any aerodrome equipment used for the provision of apron management service, 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 a serious incident. ADR.OR.F.055 Safety reporting system
ADR.OR.F.060 Safety programmes The organisation responsible for the provision of AMS shall participate in the safety programmes established by the aerodrome operator. ADR.OR.F.065 Personnel requirements
ADR.OR.F.075 Use of alcohol, psychoactive substances and medicines The organisation responsible for the provision of AMS shall implement the procedures established by the aerodrome operator in accordance with point ADR.OR.C.045 with regard to the consumption of alcohol, psychoactive substances and medicines by its personnel involved in the provision of apron management service. ADR.OR.F.080 Record-keeping
ADR.OR.F.085 Formal arrangement between the organisation responsible for the provision of AMS and the aerodrome operator
ADR.OR.F.090 Formal arrangement between the organisation responsible for the provision of AMS and the air traffic service provider
ADR.OR.F.095 Management system manual
ADR.OR.F.100 Documentation requirements The organisation responsible for the provision of AMS shall:
|
(*1) 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).’;’
ANNEX III
In Annex IV to Regulation (EU) No 139/2014, the following Subpart D is added:
‘SUBPART D – APRON MANAGEMENT OPERATIONS
ADR.OPS.D.001 Apron management safety related activities
(a) |
The aerodrome operator shall ensure that means and procedures are established and implemented on the apron in order to:
|
(b) |
The aerodrome operator, in order to implement point (a) may allocate responsibilities to other organisations. If the aerodrome operator allocates such responsibilities, it shall include the allocation in the aerodrome manual. |
ADR.OPS.D.005 Apron boundaries
(a) |
The aerodrome operator, in cooperation with the air traffic service provider, shall define and provide the apron boundaries to the aeronautical information service provider for publication in the Aeronautical Information Publication (AIP). |
(b) |
When defining the apron boundaries, at least the following shall be taken into consideration:
|
ADR.OPS.D.010 Coordination of aircraft entry to/exit from the apron
(a) |
The aerodrome operator shall ensure that the aircraft entry to and exit from the apron is coordinated with the air traffic services provider, where aircraft movement on the apron is not managed by the air traffic service provider. The coordination shall include:
|
(b) |
The aerodrome operator shall provide to the aeronautical information service providers for publication in the Aeronautical Information Publication (AIP):
|
ADR.OPS.D.015 Management of aircraft movements on the apron
The aerodrome operator shall ensure that:
(a) |
aircraft are provided with instructions on the route to be followed on the apron; |
(b) |
adequate visual aids are provided in order to ensure that flight crews are able to identify the assigned route; |
(c) |
the intended route is free of any obstacle that may risk collision with the moving aircraft. |
ADR.OPS. D.025 Aircraft stand allocation
(a) |
The aerodrome operator shall establish and ensure the implementation of procedures to ensure that the allocated aircraft stand is:
|
(b) |
The aerodrome operator shall ensure that, at least the following parameters are taken into consideration when allocating aircraft to aircraft stands:
|
ADR.OPS.D.030 Marshalling of aircraft
The aerodrome operator shall ensure that marshalling of aircraft is provided using the marshalling signals in accordance with Appendix 1 to the Annex to Commission Implementing Regulation (EU) No 923/2012 (*1).
ADR.OPS.D.035 Aircraft parking
The aerodrome operator shall establish and ensure the implementation of procedures to ensure that:
(a) |
an area designated for aircraft parking on an apron is monitored to ensure that the clearance distances are maintained during the parking manoeuvre; |
(b) |
guidance is provided to enable the aircraft to park safely; |
(c) |
automated parking guidance systems, if installed, are functioning properly; |
(d) |
persons responsible for aircraft taxiing are alerted to stop the aircraft when the clearance distances are not maintained; |
(e) |
persons, other than those required to assist the aircraft parking procedure, are prohibited to approach the aircraft when anti-collision lights are turned on and engines are running; |
(f) |
the aircraft stand is clear of any Foreign Object Debris (FOD) that may have an impact on safety. |
ADR.OPS.D.040 Aircraft departure from the stand
The aerodrome operator shall establish and ensure the implementation of procedures to ensure that during the departure of an aircraft from the aircraft stand:
(a) |
ground servicing equipment, excluding push-back trucks if required for the movement of aircraft, and vehicles have been removed from the aircraft stand or parked in designated areas; |
(b) |
if the aircraft stand is served by passenger boarding bridges, they have been retracted; |
(c) |
the designated exit route from the aircraft stand is free of foreign object debris (FOD); |
(d) |
vehicle movements on the stand and traffic on the adjacent road(s) have ceased, except for push-back trucks if required for the movement of aircraft; |
(e) |
persons, other than those required to assist the aircraft departure from the aircraft stand, are prohibited to approach the aircraft when anti-collision lights are turned on and engines are running. |
ADR.OPS.D.045 Dissemination of information to organisations operating at the apron
(a) |
The aerodrome operator shall disseminate information regarding limitations to operations on the apron in a timely manner to relevant organisations operating on the apron. |
(b) |
The information to be provided shall include the following, as applicable:
|
ADR.OPS.D.050 Alerting of emergency services
(a) |
The aerodrome operator shall:
|
(b) |
The procedure established by the aerodrome operator shall include at least the following:
|
ADR.OPS.D.055 Jet blast precautions
(a) |
The aerodrome operator shall make apron users aware of the hazards arising from jet blast and propeller slipstream. |
(b) |
The aerodrome operator shall require the apron users to secure vehicles and equipment properly and designate parking areas where the effect of jet blast or propeller slipstream is minimised. |
(c) |
When designing or making changes to apron layouts, the aerodrome operator shall take into consideration the effect of jet blast or propeller slipstream. |
(d) |
The aerodrome operator shall identify jet blast-sensitive places and shall either publish a request for minimum thrust to pilots, or take appropriate mitigating measures to minimize the jet blast effect. |
ADR.OPS.D.060 Aircraft refuelling
(a) |
The aerodrome operator shall establish a procedure for aircraft refuelling. |
(b) |
The procedure shall require the following:
|
ADR.OPS.D.065 Engine test
(a) |
The aerodrome operator shall establish and implement an engine test procedure. |
(b) |
The procedure shall include the following:
|
ADR.OPS.D.070 High-visibility clothing
The aerodrome operator shall require that all personnel working outside, on foot, on the movement area shall wear high-visibility clothing.
ADR.OPS.D.075 Start-up clearances and taxi instructions
(a) |
The aerodrome operator shall ensure that start-up clearances, push-back clearances, if required, and taxi instructions are coordinated with the air traffic service provider, when the aircraft movement on the apron is not managed by the air traffic service provider. |
(b) |
In this case, the aerodrome operator in cooperation with the air traffic service provider shall establish and implement a procedure, which shall include the following:
|
ADR.OPS.D.080 Training and proficiency check programmes of marshallers and “FOLLOW-ME” drivers
(a) |
The aerodrome operator shall establish and ensure the implementation of a training programme for persons providing:
|
(b) |
The training programme shall be implemented in accordance with point ADR.OR.D.017 of Annex III. |
(c) |
The training shall be designed to impart fundamental knowledge and practical skills related to the execution of their duties. |
(d) |
The aerodrome operator shall ensure the implementation of a proficiency check programme for personnel referred to in point (a) in order to ensure:
|
ADR.OPS.D.085 Training and proficiency check programme of personnel providing taxi instructions to aircraft through radiotelephony
(a) |
The aerodrome operator shall ensure that:
|
(b) |
Persons referred to in point (a)(1) shall demonstrate language proficiency, at least at an operational level both in the use of phraseologies and in plain language, in accordance with point (c), in the languages used for air-ground communication at the aerodrome. |
(c) |
The applicant shall demonstrate the ability to:
|
(d) |
Language proficiency shall be demonstrated by a certificate issued by the organisation that conducted the assessment, attesting the language or languages, the level or levels of proficiency, and the date of the assessment. |
(e) |
Except for persons who have demonstrated language proficiency at an expert level, the language proficiency shall be re-assessed every:
|
(f) |
The demonstration of language proficiency shall be done through a method of assessment, which shall contain:
|
(g) |
The aerodrome operator shall make available language training to maintain the required level of language proficiency of its personnel. |
(h) |
The aerodrome operator shall ensure the implementation of a proficiency check programme for personnel referred to in point (a)(1) in order to ensure:
|
(*1) Commission Implementing Regulation (EU) No 923/2012 of 26 September 2012 laying down the common rules of the air and operational provisions regarding services and procedures in air navigation and amending Implementing Regulation (EU) No 1035/2011 and Regulations (EC) No 1265/2007, (EC) No 1794/2006, (EC) No 730/2006, (EC) No 1033/2006 and (EU) No 255/2010 (OJ L 281, 13.10.2012, p. 1).’.’