ANNEX IISupplementary provisions
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: (a) take appropriate measures to ensure that safety risks that result from the termination of operation have been assessed and mitigated; (b) provide information on the measures referred to in point (a) to the appropriate aeronautical information service provider.’; (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: (a) point (a) is replaced by the following: ‘(a) The aerodrome operator shall report to the Competent Authority and to any other organisation required by the State where the aerodrome is located, any accident, serious incident and occurrence as defined in Regulation (EU) No 996/2010 of the European Parliament and the Council ( *1 ) and Regulation (EU) No 376/2014. ( *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 ).’;" (b) points (d) and (e) are replaced by the following: ‘(d) Reports shall be made by the aerodrome operator within 72 hours of becoming aware of the occurrence to which the report relates, unless exceptional circumstances prevent this. (e) Where relevant, the aerodrome operator shall produce a follow-up report to provide details of actions it intends to take to prevent similar occurrences in the future, as soon as those actions have been identified. That report shall be produced in a form and manner established by the Member State.’; (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: (a) the requirements set out in Annex VII to Regulation (EU) 2018/1139 and in Annex III (Part-ADR.OR) and Annex IV (Part-ADR.OPS) to this Regulation; (b) its declaration; (c) the operating procedures included in the aerodrome manual; (d) its management system manual in accordance with ADR.OR.F.095; (e) any other manuals used for the provision of apron management service. ADR.OR.F.005 Declaration of the organisation responsible for the provision of AMS (a) When an organisation responsible for the provision of AMS intends to provide guidance to aircraft as laid down in points a(1) and a(2) of point ADR.OPS.D.001 as a minimum, it shall submit a declaration to the Competent Authority at least 2 months before the date of the intended start of the provision of the service. The declaration shall contain the following information: (1) the name of the organisation responsible for the provision of AMS; (2) contact details of the organisation responsible for the provision of AMS; (3) name and contact details of the accountable manager; (4) the name(s) of the aerodrome(s) in the Member State where the service will be provided; (5) a list of aerodromes located in other Member States where the service is provided; (6) the date of the intended start of the provision of the apron management service; (7) a statement that confirms that it has established formal arrangements with the aerodrome operator and the air traffic service provider at the aerodrome where it intends to provide the apron management service; (8) a statement that confirms that the organisation responsible for the provision of AMS has developed a safety policy and will apply that policy during the provision of the service covered by the declaration, in accordance with point ADR.OR.F.045(b)(2); (9) a statement that confirms that the organisation responsible for the provision of AMS complies and will, during the provision of the service covered by the declaration, continue to comply with the applicable requirements of Annex VII to Regulation (EU) 2018/1139 and Annex III (Part-ADR.OR) and Annex IV (Part-ADR.OPS) to this Regulation; (b) By derogation from point (a), when a certified aerodrome operator or an approved air traffic services provider intends to provide apron management service, it shall: (1) notify its Competent Authority; (2) revise its safety policy to include the provision of apron management service; (3) submit to the Competent Authority the training programme of the personnel intended to be used for the provision of the service. 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: (a) the organisation responsible for the provision of AMS is compliant with the requirements set out in Annex VII to Regulation (EU) 2018/1139 and in Annex III (Part-ADR.OR) and Annex IV (Part-ADR.OPS) to this Regulation, taking into account the provisions related to the handling of findings as specified under point ADR.OR.F.035 of this Annex; (b) the Competent Authority is granted access to the organisation responsible for the provision of AMS in accordance with point ADR.OR.F.030 of this Annex to determine continued compliance with the requirements set out in Annex VII to Regulation (EU) 2018/1139 and in Annex III (Part-ADR.OR) and Annex IV (Part-ADR.OPS) to this Regulation; (c) the declaration has not been withdrawn by the organisation responsible for the provision of AMS or been notified by the Competent Authority to cease some or all services covered by the declaration. 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: (a) the declaration has been received by the Competent Authority; (b) it has established formal arrangements with the certified aerodrome operator and the approved air traffic service provider at the aerodrome where the service will be provided in accordance with points ADR.OR.F.085 and ADR.OR.F.090 respectively; (c) it provides evidence that its personnel have completed the required initial and unit training. 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: (a) notify the aerodrome operator and the Competent Authority, as soon as possible, so as to enable appropriate measures to be taken for the safe continuation of the service; (b) submit to the Competent Authority an amended declaration or request de-registration of the declaration, upon the date of termination of the provision of the service. ADR.OR.F.025 Changes (a) The organisation responsible for the provision of AMS shall coordinate with the aerodrome operator any changes to the information contained in the declaration specified in point ADR.OR.F.005(a) and to the training programme or the management system manual respectively referred to in point ADR.OR.F.005(b) and point ADR.OR.F.095. (b) The organisation responsible for the provision of AMS shall notify without undue delay the Competent Authority of any changes specified in point (a) and, if necessary, submit an amended declaration. (c) The organisation responsible for the provision of AMS shall provide the Competent Authority with the relevant documentation in accordance with point (d). (d) As part of its management system referred to in point ADR.OR.F.045, the organisation responsible for the provision of AMS that proposes a change to its organisation, its management system or its training programme shall: (1) determine the interdependences with any affected parties, and plan and conduct a safety assessment in coordination with these organisations; (2) align assumptions and mitigations with any affected parties in a systematic way; (3) ensure a comprehensive assessment of the change including any necessary interactions; (4) ensure that complete and valid arguments, evidence and safety criteria are established and documented to support the safety assessment, and that the change supports the improvement of safety whenever reasonably practicable. 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: (a) is granted access to any facility, document, records, data, procedures or any other material relevant to its activity; (b) is allowed to perform or witness any action, inspection, test, assessment or exercise the Competent Authority finds necessary. ADR.OR.F.035 Findings and corrective actions (a) After the Competent Authority has communicated a finding to an organisation responsible for the provision of AMS in accordance with point ADR.AR.C.055 of Annex II, the organisation responsible for the provision of AMS shall take the following steps within the time period determined by the Competent Authority: (1) identify the root cause of the non-compliance; (2) define a corrective action plan; (3) demonstrate the corrective action implementation to the satisfaction of the Competent Authority within the time period agreed with that authority in accordance with point ADR.AR.C.055(d) of Annex II. (b) The organisation responsible for the provision of AMS shall inform the aerodrome operator of the actions detailed in point (a) and, where appropriate, coordinate such actions with the aerodrome operator. ADR.OR.F.040 Immediate reaction to a safety problem – compliance with safety directives An organisation responsible for the provision of AMS shall: (a) 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; (b) when implementing the measures referred to in point (a), coordinate with the aerodrome operator and the air traffic service provider, where necessary. ADR.OR.F.045 Management system (a) The organisation responsible for the provision of AMS, the aerodrome operator or the air traffic service provider, when the latter is partially or exclusively providing apron management services, shall implement and maintain a management system that integrates a safety management system that also covers those activities. (b) The management system shall include: (1) clearly defined lines of responsibility and accountability throughout the organisation, including a direct accountability for safety on the part of the senior management; (2) a description of the overall philosophies and principles of the organisation responsible for the provision of AMS with regard to safety, referred to as the safety policy, signed by the accountable manager; (3) a formal process that ensures that hazards in operations are identified; (4) a formal process that ensures analysis, assessment and mitigation of the safety risks in the provision of apron management service; (5) the means to verify the safety performance of the organisation responsible for the provision of AMS in reference to the safety performance indicators and safety performance targets of the safety management system, and to validate the effectiveness of safety risk controls; (6) a formal process to: (i) identify changes within the organisation, its management system, or the provision of apron management service which may affect established processes, procedures and services; (ii) describe the arrangements to ensure safety performance before implementing changes; (iii) eliminate or modify safety risk controls that are no longer needed or effective due to changes in the operational environment; (7) a formal process to review the management system referred to in point (a), identify the cause(s) of substandard performance of the safety management system, determine the implications of such substandard performance in operations, and eliminate or mitigate such cause(s); (8) a safety training programme that ensures that personnel involved in the provision of apron management service are trained and competent to perform the safety management duties; (9) formal means for safety communication that ensures that personnel are fully aware of the safety management system, conveys safety-critical information, and explains why particular safety actions are taken and why safety procedures are introduced or changed; (10) a formal process to monitor the compliance of the organisation with the relevant requirements. (c) The organisation responsible for the provision of AMS shall document all management system key processes in a manual. 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 (a) The organisation responsible for the provision of AMS shall establish and implement a safety reporting system for its personnel. (b) As part of the process referred to in point ADR.OR.F.045(b)(3), the organisation responsible for the provision of AMS shall ensure that: (1) its personnel use the safety reporting system for the mandatory reporting of any accident, serious incident and occurrence; (2) the safety reporting system may be used for the voluntary reporting of any defect, fault and safety hazard which could impact safety. (c) The safety reporting system shall protect the identity of the reporter, encourage voluntary reporting and include the possibility that reports may be submitted anonymously. (d) The organisation responsible for the provision of AMS shall: (1) record all reports submitted; (2) transmit the reports to the aerodrome operator, and, if relevant, to the air traffic service provider; (3) in cooperation with the aerodrome operator or the air traffic service provider, or both, analyse and assess the reports, in order to address safety deficiencies and identify trends; (4) participate in the investigation of the reports conducted by the aerodrome operator, as appropriate; (5) refrain from attribution of blame in line with the “just culture” principles. 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 (a) The organisation responsible for the provision of AMS shall: (1) appoint an accountable manager, who has the authority to ensure that all activities can be financed and carried out in accordance with the applicable requirements. The accountable manager shall be responsible for establishing and maintaining an effective management system; (2) nominate a person responsible for the management and supervision of operational services related to apron management; (3) nominate a person responsible for the development, maintenance and day-to-day management of the safety management system. That person shall act independently of other managers within the organisation, shall have direct access to the accountable manager and to appropriate management for safety matters, and shall be responsible to the accountable manager; (4) have sufficient and qualified personnel for the planned tasks and activities to be performed in accordance with the applicable requirements; (5) assign a sufficient number of personnel supervisors to defined duties and responsibilities, taking into account the structure of the organisation and the number of personnel employed; (6) ensure that personnel involved in the provision of apron management service are adequately trained in accordance with the training programme. (b) In the case that the aerodrome operator or the air traffic service provider are partially or exclusively providing apron management service, they shall ensure that the requirements of point (a) are included in their established allocation of responsibilities within their management systems. 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 (a) The organisation responsible for the provision of AMS shall establish an adequate record-keeping system that covers all its activities undertaken in accordance with Regulation (EU) 2018/1139 and the delegated and implementing acts adopted on the basis thereof. (b) The format of the records shall be specified in the management system manual. (c) Records shall be stored in a manner that ensures protection from damage, alteration and theft. (d) Records shall be kept for a minimum of 5 years, except that: (1) the current declaration shall be kept for the lifespan of the declaration; (2) written agreements with other organisations shall be kept for as long as such agreements are in effect; (3) safety assessment reports shall be kept for the lifetime of the system, procedure or activity; (4) personnel training, qualifications, as well as their proficiency checks shall be kept for at least 4 years after the end of their employment, or until the area of their employment has been audited by the Competent Authority; (e) The organisation responsible for the provision of AMS shall establish and maintain a hazard register. ADR.OR.F.085 Formal arrangement between the organisation responsible for the provision of AMS and the aerodrome operator (a) The organisation responsible for the provision of AMS shall have a formal arrangement with the operator of the aerodrome where it intends to provide apron management service. (b) The arrangement shall be concluded prior to the start of the provision of the service. (c) The formal arrangement shall include as a minimum the following: (1) duration of the arrangement; (2) definition of the area where apron management service will be provided; (3) list of the services that will be conducted by the organisation responsible for the provision of AMS; (4) methods of exchanging operational information between the aerodrome operator and the organisation responsible for the provision of AMS. ADR.OR.F.090 Formal arrangement between the organisation responsible for the provision of AMS and the air traffic service provider (a) The organisation responsible for the provision of AMS shall have a formal arrangement with the air traffic service provider of the aerodrome where it intends to provide apron management service. (b) The arrangement shall be concluded prior to the start of the provision of the service. (c) The formal arrangement shall include as a minimum the following: (1) duration of the arrangement; (2) scope of services to be provided, including coordination of start-up clearances, taxi and push-back of aircraft; (3) handover points between apron management service and air traffic service provider; (4) methods of exchanging operational information between the air traffic service provider and the organisation responsible for the provision of AMS; (5) coordination of start-up clearances, taxi and push-back of aircraft. ADR.OR.F.095 Management system manual (a) The organisation responsible for the provision of AMS shall: (1) establish and maintain a management system manual; (2) ensure that its personnel have easy access to the manual and are made aware of any changes; (3) after consultation and in coordination with the aerodrome operator, supply the Competent Authority with the intended amendments and revisions of the manual in advance of the effective date; (4) review the content of the manual, ensure that it is kept up to date and amended, whenever necessary; (5) incorporate all amendments and revisions to the manual as required by the Competent Authority; (6) make other organisations concerned aware of the changes that are relevant to their duties. (7) ensure that any information taken from other approved documents, and any amendment thereof, is correctly reflected in the manual; (8) ensure that the manual is written in a language acceptable to the Competent Authority; (9) ensure that all personnel are able to read and understand the language in which those parts of the manual and other documents pertaining to their duties and responsibilities are written; (10) ensure that the manual is signed by the accountable manager of the organisation; (11) ensure that the manual is printed or is in electronic format and is easy to revise; (12) ensure that the manual has a system for version control management which is applied and made visible in the manual; (13) ensure that the manual observes human factors principles and is organised in a manner that facilitates its preparation, use and review; (14) keep at least one complete and current copy of the manual at the aerodrome where it provides service, and make it available for inspection by the Competent Authority. (b) The content of the manual shall be structured as follows: (1) general part; (2) organisation’s management system and qualification requirements. (c) In the case that the aerodrome operator or the air traffic service provider are partially or exclusively providing apron management service, they shall ensure that the relevant requirements in point (b) are included in the aerodrome manual or the air traffic service operations manual respectively. ADR.OR.F.100 Documentation requirements The organisation responsible for the provision of AMS shall: (a) make available the parts of the aerodrome manual related to the provision of apron management service to its operational personnel; (b) make available of any other documentation required by the Competent Authority and associated amendments; (c) disseminate operational instructions and other information without delay.’. ( *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 ).’;’