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) (c. 139)

ANNEX II U.K. Part Authority Requirements — Aerodromes (Part-ADR.AR)

SUBPART C — OVERSIGHT, CERTIFICATION AND ENFORCEMENT (ADR.AR.C) U.K.

ADR.AR.C.040 Changes U.K.

(a) Upon receiving an application for a change, in accordance with ADR.OR.B.40, that requires prior approval, the [F1 CAA] shall assess the application and, if relevant, notify the aerodrome operator of: U.K.

(1)

the applicable certification specifications issued by the [F2 CAA], which are applicable to the proposed change and which are effective on the date of the application, unless:

(a)

the applicant elects compliance with later effective amendments; or

(b)

the Competent Authority finds that compliance with such later effective amendments is necessary;

(2)

any other certification specification [F3 that the CAA] finds is directly related to the proposed change;

(3)

any special condition, and amendment to special conditions, prescribed by the [F4 CAA] in accordance with point ADR.AR.C.025, the [F4 CAA finds is necessary; and

(4)

the amended certification basis, if affected by the proposed change.

Textual Amendments

F2 Word in Annex 2 point ADR.AR.C.040(a)(1) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(e)(i)(bb) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Annex 2 point ADR.AR.C.040(a)(2) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(e)(i)(cc) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

F4 Word in Annex 2 point ADR.AR.C.040(a)(3) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(e)(i)(dd) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F1 Word in Annex 2 point ADR.AR.C.040(a) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(e)(i)(aa) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(b) The [F5 CAA] shall approve the change when the aerodrome operator has demonstrated, to the satisfaction of the [F5 CAA], compliance with the requirements in ADR.OR.B.040 and, if applicable, with ADR.OR.E.005. U.K.

Textual Amendments

F5 Word in Annex 2 point ADR.AR.C.040(b)-(f) substituted (31.12.2020) by The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/645), regs. 1, 420(4)(e)(ii) (with Sch. 3) (as amended by S.I. 2019/1098, regs. 1(3), 12); 2020 c. 1, Sch. 5 para. 1(1)

(c) If the approved change affects the terms of the certificate, the [F5 CAA] shall amend them. U.K.

(d) The [F5 CAA] shall approve any conditions under which the aerodrome operator shall operate during the change. U.K.

(e) Without prejudice to any additional enforcement measures, when the aerodrome operator implements changes requiring prior approval without having received [F5 CAA] approval as defined in (a), the [F5 CAA] shall consider the need to suspend, limit or revoke the certificate. U.K.

(f) For changes not requiring prior approval, the [F5 CAA] shall assess the information provided in the notification sent by the aerodrome operator in accordance with ADR.OR.B.040(d) to verify their appropriate management and verify their compliance with the certification specifications and other appropriate requirements applicable to the change. In case of any non-compliance, the [F5 CAA] shall: U.K.

(1)

notify the aerodrome operator about the non-compliance and request further changes; and

(2)

in case of level 1 or level 2 findings, act in accordance with point ADR.AR.C.055.]