ADR.AR.C.040 Changes — aerodrome operator

EFFECTIVE CERTIFICATION SPECIFICATIONS FOR CHANGES

(a)The certification specifications that the Competent Authority should use to assess the application for or the notification of a change, should be those which were effective on the date of the notification of the change by the aerodrome operator.

(b)Notwithstanding paragraph (a) above, at any point of the process the aerodrome operator may request to use certification specifications that came into force after the filing of the application for, or notification of a change. In such cases, the Competent Authority should examine if it is necessary to also notify the aerodrome operator of other certification specifications, which also came into effect after the date of the application for, or the notification of the change by the aerodrome operator, and which are, in the opinion of the Competent Authority, directly related to those already identified as being affected by the change.

(c)Notwithstanding paragraph (a) and (b) above, the Competent Authority may at any time, after the application or notification of a change by the aerodrome operator, decide to notify the aerodrome operator of any certification specifications that it deems necessary for the proposed change.

CHANGES REQUIRING PRIOR APPROVAL

(a)Upon receiving an application for a proposed change that requires a prior approval, the Competent Authority should, in due time:

(1)assess the proposed change in relation to the certification basis, and the applicable requirements of Part-ADR.OR, Part-ADR.OPS, as well as any other applicable requirements;

(2)assess if the aerodrome operator has identified all the applicable certification specifications, applicable requirements of Part-ADR.OR, Part-ADR.OPS, or other applicable requirements which are related to or affected by the change, as well as any proposal of the applicant for the demonstration of an equivalent level of safety;

(3)assess the actions proposed by the aerodrome operator in order to show compliance with (1) and (2) above;

(4)review and assess the content of proposed changes to the aerodrome manual; and

(5)evaluate the safety assessment that has been submitted by the aerodrome operator, in accordance with GM3 ADR.AR.C.035(a) and verify its compliance with ADR.OR.B.040(f).

(b)The Competent Authority should also determine, in due time:

(1)if the proposed change is directly related to any other certification specification which had been included in the certification basis. If the Competent Authority finds such a relationship, it should include these related certification specifications amongst those to be notified to the applicant; and

(2)if the proposed change is such that a special condition, or an amendment to an existing special condition is required.

(c)The Competent Authority should document and notify, in writing, the aerodrome operator, in due time, of:

(1)the certification specifications that it has identified to be applicable in accordance with the previous paragraphs (a) and (b);

(2)any provisions for which the Competent Authority has accepted the applicant to demonstrate an equivalent level of safety; and

(3)any special conditions, or amendments to special conditions it finds necessary.

(d)Any subsequent changes to the items mentioned in paragraph (c), should be documented and notified to the aerodrome operator, in writing, in due time.

(e)The Competent Authority should, in due time, verify the compliance of the aerodrome operator and, depending on the change, examine the need for prescribing any condition for the operation of the aerodrome during the change.

(f)When notifying the aerodrome operator in accordance with paragraph (c) or (d), the Competent Authority should also inform him/her of the right of appeal, as exists under the applicable national legislation.

AMC1 ADR.AR.C.040(a);(f) Changes — aerodrome operator

GENERAL

(a)Changes in nominated persons: The Competent Authority should be informed of any changes to nominated persons (see ADR.OR.D.015) that may affect the certificate or the terms of approval attached to it. When an aerodrome operator submits the name of a nominee for the nominated persons, the Competent Authority should assess his/her qualifications, and may interview the nominee, or call for additional evidence of his/her suitability. (see GM1 ADR.AR.C.035(a)).

(b)The Competent Authority should receive from the aerodrome operator each management system documentation amendment, including amendments that do not require prior approval by the Competent Authority. A documented systematic approach should be used for maintaining the information on when an amendment was received by the Competent Authority and when it was approved.

(c)Where the amendment requires the Competent Authority’s approval, the Competent Authority, when satisfied, should indicate its approval in writing. Where the amendment does not require prior approval, the Competent Authority should acknowledge receipt in writing within the time limits existing under the relevant national legislation.

(d)For changes requiring prior approval, in order to verify the aerodrome operator's compliance with the applicable requirements, the Competent Authority should consider the need to conduct an audit of the operator, limited to the extent of the changes. If required for verification, the audit should include additional interviews and inspections carried out at the aerodrome operator’s facilities.

AMENDMENTS TO THE TERMS OF THE CERTIFICATE The Competent Authority should amend the terms of the certificate when the terms have changed, irrespective of the magnitude of the change.

CONDITIONS UNDER WHICH TO OPERATE DURING A CHANGE The conditions or limitations under which an aerodrome operator can operate during a change should be approved by the authority but should usually be elaborated between the operator and the authority upon suggestion of the aerodrome operator.