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 (Text with EEA relevance)

This Regulation lays down detailed rules on:

1. the conditions for establishing and notifying to the applicant the certification basis applicable to an aerodrome as set out in Annexes II and III;

2. the conditions for issuing, maintaining, amending, limiting, suspending or revoking certificates for aerodromes, and certificates for organisations responsible for the operation of aerodromes, including operating limitations related to the specific design of the aerodrome as set out in Annexes II and III;

3. the conditions for operating an aerodrome in compliance with the essential requirements set out in Annex Va and, if applicable, Annex Vb to Regulation (EC) No 216/2008 as set out in Annex IV;

4. the responsibilities of the holders of certificates as set out in Annex III;

5. the conditions for the acceptance and for the conversion of existing aerodrome certificates issued by Member States;

6. the conditions for the decision not to permit exemptions referred to in Article 4(3b) of Regulation (EC) No 216/2008, including criteria for cargo aerodromes, the notification of exempted aerodromes and for the review of granted exemptions;

7. the conditions under which operations shall be prohibited, limited or subject to certain conditions in the interest of safety as set out in Annex III;

8. certain conditions and procedures for the declaration by and for the oversight of apron management service providers referred to in paragraph 2(e) of Article 8a of Regulation (EC) No 216/2008 as set out in Annexes II and III.

Competent Authorities involved in the certification and oversight of aerodromes, aerodrome operators and apron management service providers shall comply with the requirements laid down in Annex II.

Aerodrome operators and providers of apron management services shall comply with the requirements laid down in Annex III.

Aerodrome operators shall comply with the requirements laid down in Annex IV.

Member States shall designate one or more entities as the Competent Authority(ies) within that Member State with the necessary powers and responsibilities for the certification and oversight of aerodromes, as well as personnel and organisations involved therein.

The Competent Authority shall be independent from aerodrome operators and providers of apron management services. This independence shall be achieved through separation, at functional level at least, between the Competent Authority and these aerodrome operators and providers of apron management services. Member States shall ensure that Competent Authorities exercise their powers impartially and transparently.

If a Member State designates more than one entity as Competent Authority the following conditions shall be fulfilled:

1. each Competent Authority shall be responsible for specifically defined tasks and a determined geographic area; and

2. coordination shall be established between these Authorities in order to ensure effective oversight of all aerodromes and aerodrome operators, as well as providers of apron management services.

Member States shall ensure that the Competent Authority(ies) has(ve) the necessary capabilities and resources to fulfil their requirements under this Regulation.

Member States shall ensure that Competent Authorities’ personnel do not perform oversight activities when there is evidence that this could result directly or indirectly in a conflict of interest, in particular when relating to family or financial interest.

Personnel authorised by the Competent Authority to carry out certification and/or oversight tasks shall be empowered to perform at least the following tasks:

1. examine the records, data, procedures and any other material relevant to the execution of the certification and/or oversight task;

2. take away copies of or extracts from such records, data, procedures and other material;

3. ask for an oral explanation on-site;

4. enter aerodromes, relevant premises, operating sites or other relevant areas and means of transport;

5. perform audits, investigations, tests, exercises, assessments and inspections;

6. take or initiate enforcement measures as appropriate.

The tasks in paragraph 6 shall be carried out in compliance with the national legislation of the Member States.

The Member State shall notify the Agency about their decision to grant an exemption in accordance with Article 4(3b) of Regulation (EC) No 216/2008, within one month following the decision being taken. The information transmitted to the Agency shall include the list of aerodromes concerned, the name of the aerodrome operator and the number of passengers and cargo movements of the aerodrome of the relevant year.

The Member State shall on an annual basis examine the traffic figures of an exempted aerodrome. If the traffic figures at such an aerodrome have exceeded those provided for in Article 4(3b) of Regulation (EC) No 216/2008 over the last three consecutive years they shall inform the Agency and revoke the exemption.

The Commission may at any time decide not to permit an exemption in the following cases:

1. the general safety objectives of Regulation (EC) No 216/2008 are not met;

2. the relevant passenger and cargo traffic figures have been exceeded over the last three consecutive years;

3. where the exemption does not comply with any other relevant EU legislation.

Where the Commission decided that exemption is not allowed, the Member State concerned shall revoke the exemption.