How are non-conformities and observations categorised?

If, during the EASA inspection, it finds non-conformities or observations, in accordance with Article 13 of Commission Regulation (EC) No 736/2006 of 16 May, and pursuant to Regulation (EU) No 139/2014, these are categorised in:

• Non-conformity of Level 1: in the following cases, it is not an exhaustive list of the situations that may involve this type of non-conformities:
  • Significant non-compliance with the certification bases (CB) of the airport, the applicable requirements referred to in Regulation (EC) No 216/2008 and its implementing rules, the procedures and manuals of airport managers or apron management service providers, the terms of the certificate or the content of a declaration, which reduces or poses a serious risk to safety.
  • Not to provide the competent authority with access to the facilities of airports, airport managers or apron management service providers, as defined in point ADR.OR.C.015 of Regulation (EU) No 139/2014, during normal operating hours and following the submission of two written requests.
  • Proof of obtaining or maintaining the validity of a certificate by falsifying the documentary evidence submitted.
  • There is evidence of malpractice or fraudulent use of a certificate or authorisation issued by AESA.
  • The lack of an “Accountable Manager” is evident.
  • The inspected person fails to comply with any of the provisions required by Article 34 of the Aeronautical Inspection Regulation relating to obstruction or resistance to inspection.
  • The inspected person fails to comply with any of the provisions required by Article 33 of the Aviation Safety Act relating to safety obligations.
  • The inspected person fails to comply with any of the provisions laid down in Article 50 of the Aviation Safety Act relating to administrative offences.
• Non-conformity of Level 2: in the following cases, it is not an exhaustive list of the situations that may involve this type of non-conformities:
  • Significant non-compliance with the certification bases (CB) of the airport, the applicable requirements referred to in Regulation (EC) No 216/2008 and its implementing rules, the procedures and manuals of airport operators and apron management service providers, the terms of the certificate, the certificate or the content of a declaration, which could reduce safety or constitute a risk to it.
  • Non-compliance with the procedures and manuals of airport managers at certified airports.
  • Non-compliance with SGS at certified and non-certified airports.
  • Non-compliance with the provisions of the Technical Standards at uncertified airports.
• Remark: in cases that do not require Level 1 or Level 2 non-conformities. A non-exhaustive list of cases that will correspond to an observation is provided:
  • represents a proposed improvement based on future implementing regulations;
  • represents a proposed improvement based on good uses recommended by international standards;
  • it represents a proposed improvement based on previous experience at other airports. 

It is recommended that the “ Communication on changes in EASA ' s categorisation of non-conformities” be read.