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)Text with EEA relevance

• Published date: 04 April 2018
• Subject Matter: trasporti,transportes,transports
• Official Gazette Publication: Gazzetta ufficiale dell’Unione europea, L 044, 14 febbraio 2014,Diario Oficial de la Unión Europea, L 044, 14 de febrero de 2014,Journal officiel de l’Union européenne, L 044, 14 février 2014

02014R0139 — EN — 01.08.2022 — 008.001

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►B 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) (OJ L 044 14.2.2014, p. 1)

Amended by:

		Official Journal
		No	page	date
M1	COMMISSION REGULATION (EU) 2017/161 of 31 January 2017	L 27	99	1.2.2017
►M2	COMMISSION REGULATION (EU) 2018/401 of 14 March 2018	L 72	17	15.3.2018
►M3	COMMISSION IMPLEMENTING REGULATION (EU) 2020/469 of 14 February 2020	L 104	1	3.4.2020
►M4	COMMISSION DELEGATED REGULATION (EU) 2020/1234 of 9 June 2020	L 282	1	31.8.2020
►M5	COMMISSION DELEGATED REGULATION (EU) 2020/2148 of 8 October 2020	L 428	10	18.12.2020
►M6	COMMISSION DELEGATED REGULATION (EU) 2022/208 of 14 December 2021	L 35	1	17.2.2022
M7	COMMISSION DELEGATED REGULATION (EU) 2022/697 of 10 February 2022	L 130	1	4.5.2022

Corrected by:

►C1 Corrigendum, OJ L 092, 21.3.2022, p. 98 (2020/2148)

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▼B

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)

Article 1

Subject matter and scope

1.

This Regulation lays down detailed rules on:

(a)

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

(b)

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;

(c)

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;

(d)

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

(e)

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

(f)

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;

(g)

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;

▼M4

(h)

conditions and procedures for the declaration by and for the oversight of organisations responsible for the provision of apron management services referred to in Article 37(2) of Regulation (EU) 2018/1139 of the European Parliament and of the Council ( 1 ) as set out in Annexes II and III.

▼B

2.

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.

▼M4

3.

Aerodrome operators and organisations responsible for providing apron management service shall comply with the requirements laid down in Annexes III and IV.

▼M4 —————

▼B

Article 2

Definitions

For the purpose of this Regulation, the following definitions shall apply:

(1)

‘aerodrome’ means a defined area (including any buildings, installations and equipment) on land or water or on a fixed, fixed offshore or floating structure intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

(2)

‘aeroplane’ means a power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight;

(3)

‘aircraft’ means a machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth’s surface;

(4)

‘apron’ means a defined area intended to accommodate aircraft for purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;

(5)

‘apron management service’ means a service provided to manage the activities and the movement of aircraft and vehicles on an apron;

(6)

‘audit’ means a systematic, independent and documented process for obtaining evidence and evaluating it objectively to determine the extent to which requirements are complied with;

(7)

‘certification specifications’ mean technical standards adopted by the Agency indicating means to show compliance with Regulation (EC) No 216/2008 and its Implementing Rules and which can be used by an organisation for the purpose of certification;

(8)

‘Competent Authority’ means an authority designated within each Member State with the necessary powers and responsibilities for the certification and oversight of aerodromes, as well as personnel and organisations involved therein;

(9)

‘continuing oversight’ means the tasks which are conducted for the implementation of the oversight programme at any time by the Competent Authority to verify that the conditions under which a certificate has been granted continue to be fulfilled during its period of validity;

(10)

‘Deviation Acceptance and Action Document’ (DAAD) means a document established by the Competent Authority to compile evidence provided to justify the acceptance of deviations from the certification specifications issued by the Agency;

(11)

‘inspection’ means an independent evaluation by observation and judgement accompanied as appropriate by measurement, testing or gauging, in order to verify compliance with applicable requirements;

(12)

‘movement’ means either a take-off or landing;

(13)

‘obstacle’ means all fixed (whether temporary or permanent) and mobile objects, or parts thereof, that:

—

are located on an area intended for the surface movement of aircraft, or

—

extend above a defined surface intended to protect aircraft in flight, or

—

stand outside those defined surfaces and that have been assessed as being a hazard to air navigation;

(14)

‘obstacle limitation surface’ means a surface that defines the limits to which objects may project into the airspace;

(15)

‘obstacle protection surface’ means a surface established for visual approach slope indicator system above which objects or extensions of existing objects shall not be permitted except when, in the opinion of the appropriate authority, the new object or extension would be shielded by an existing immovable object.

Article 3

▼M4

Oversight

1.

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 and aerodrome operators, receiving declarations and oversight of providers of apron management service, as well as personnel involved therein.

▼B

2.

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.

3.

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

(a)

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

(b)

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.

4.

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

5.

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.

6.

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

(a)

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

(b)

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

(c)

ask for an oral explanation on-site;

(d)

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

(e)

perform...