All the legal terms included in the Royal Decree 1189/2011 are to be interpreted under the exclusive jurisdiction of the Spanish Courts.

Transcription

1 All the legal terms included in the Royal Decree 1189/2011 are to be interpreted under the exclusive jurisdiction of the Spanish Courts. If there were to be any discrepancy between the English and the Spanish version, the latter shall prevail Royal Decree 1189/2011, of August 19 th, regulating the procedure for issuing reports previous to the planning of aeronautical infrastructures and to the construction, modification and opening of aerodromes of competence of the Self Governing Communities; amending the Royal Decree 862/2009, of May 14 th, approving technical standards for design and operation of public use aerodromes and regulates the certification of State competence airports; amending the Royal Decree 584/1972, of February 24 th of aeronautical easements (aerodrome protection); and amending the Royal Decree 2591/1998, of December 4 th regulating Master Plans and services areas of airports of general interest, as provided by article 166 of Law 13/1996 on December 30 th of fiscal, administrative and social order measures. The Article ª of the Constitution attributes to the State exclusive competence in the field of public interest airports, therefore the Self Governing Communities may include in their statutes powers regarding those aerodromes that do not obtain such grade, in particular and according with the provisions of article ª, regarding sport airports and, in general, those which do not perform commercial activities. Based on this distribution of powers, the Self Governing Communities introduced in their statutes diverse competences. As specified in the last amendments of the statutes, in many cases, the introduction of exclusive competence at airports and heliports without the public interest qualification. Nonetheless, the State holds other exclusive competences that affect Self Governing Communities powers in the field of aerodromes. This is the case, according with article ª of the Constitution, of the competences related to airspace control, traffic and air transport and weather services. Deposition accepted by the Constitutional Court in Sentence 68/1984, of June 11 th. Upon the merging of competences of both the Self Governing Communities and the State on airport infrastructures, the article 9.2 of Law 21/2003, of July 7 th, on Air Safety, establishes the cooperation mechanisms for their execution through the previous, perceptive and binding reports technique, within the frame of their own competences. According to the article and applying the aforesaid constitutional doctrine, the report from the competent administration in aeronautical subjects has, as single objective, to ensure that, in Self Governing Communities competences, the State competences are preserved according with article ª of the 1

2 Constitution. In particular, these reports intend to ensure that the planning and temporary development of the Self Governing Communities aerodromes are compatible with the construction and structure of the airspace control, air traffic and air transport and that they do not affect navigation aids easements and the affected areas included in the public interest airports Master Plans and in the air bases and military aerodromes. For legal certainty reasons, it is necessary the regulatory implementation of this precept specifying, among other issues and within the framework provided by Law, the rules of the procedure subject to the issuance of the reports provided in the precept, the assumptions required to its issuance and the matters it must relate to. Competence to issue such reports is attributed to the Secretary of State for Transport, prior approval from the competent body of the Ministry of Defence in his competence range. The Civil Aviation Authority is responsible for the issuance of the certificate about the compatibility of airspace at heliports, as established in the Air Safety Act. This Royal Decree, with full respect for Self Governing Communities competences in the matter, does not specify the phase of the approval procedure of the plannings or organizing tools, authorization of construction, opening to traffic or structural or functional modifications, to request the respective reports. The current Self Governing Communities regulation shall be the responsible to determine the moment to request such reports, ensuring in any case, that they are previous to the approval or grant of the respective authorizations and that the terms to their issuance are respected. This fact shall allow the request of the respective reports at an early stage of the procedure, when the matter to be evaluated is specific enough, avoiding unnecessary delays. On the other hand, air safety is an exclusive State competence as far as the State is responsible, in both regulation and executive scope, of controlling that the procedures, the actions and the means involved in civil aviation are safe and therefore, safety in traffic and in air transport. This State competence is incorporated as exclusive State competence in the field of airspace control and air traffic, granting a safe operation of aircrafts. Additionally, the Constitutional Court has considered that it is the State responsibility to establish uniform grants nationwide. Based on this competence, the airspace control and air traffic, in safety matters, the Royal Decree 862/2009 of May 14th, approving technical standards for design and operation of public use aerodromes and regulating the certification of State competence airports, introduces into the Spanish legal system the technical standards for design and operation of public use airports included in Annex 14 of the Convention on International Civil Aviation, applicable to all public use aerodromes, regardless of who hold ownership or competence, and imposes the requirement of a certificate (ICAO) issued by a 2

3 certificate authority, which shall be responsible for monitoring compliance with the technical standards imposed to grant air traffic operations safety. Subsequently, the regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, in the amendment introduced by Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October, establishes the requirement of the certification of given aerodromes, demanding a single supervisory authority to issue a certificate for each aerodrome. It is therefore necessary to modify Royal Decree 862/2009, of May 14 th, and the Regulation on airport certification of State competence approved by it, in order to adjust it to international and domestic standards. To this end, it is defined the airports which shall be certified under Regulation (EC) 216/2008 and certification for Self Governing Communities aerodromes is regulated as well. Systematically and without prejudice to the concept of airport provided in article 39 of Law 48/1960, of July 21 th, on Air Navigation, the regulation designates the name of airport with the certificated qualification to those public use aerodromes that, according to the regulation and applying Community regulations, shall be certified. The rest of the airports and aerodromes of public use, whether State or Self Governing Communities competence, are subject to verification of compliance with technical standards of design and operation required for operational safety reasons. These aerodromes are named public use aerodromes by regulation. Likewise, in order to preserve the Self Governing Communities competence regarding the facilities subject to its competence, it is established the necessary mechanisms of coordination through the prior technique reports, and as additional cooperation tool, it is foreseen the constitution of a collegiate body that, when appropriate, strengthen Self Governing Communities participation in the matter. According to the current legislation, it is the Agencia Estatal de Seguridad Aérea (Spanish Air Safety State Agency) competence the certification and verification of the compliance with the technical standards by public use aerodromes. Finally, it is introduced to Royal Decree 862/2009, of May 14 th, the verification of compliance with technical standards for design and operation of public use aerodromes of the facilities outside the Self Governing Communities authority. For legal certainty reasons and paying attention to the amendments plurality to be incorporated into certification Regulation of airports of State competence, it shall be wholly replaced and its title shall be modified to adapt it 3

4 to its new scope, maintaining the preceding regulation unchanged in those points where it is not affected by the extension of the regulation scope. According to allegations made by some Self Governing Communities when processing this Royal Decree, it is tackled the cooperation mechanisms to establish the regulatory easements imposed based on air navigation and in issuing the reports of territorial and urban planning tools that may affect them, to ensure that, according to the provisions in the single additional provision of Law48/1960, of July 21 th, those tools introduce the restrictions imposed by navigation aids easements. To achieve this aim, it is amended Royal Decree 584/1972, of February 24 th, on navigation aids easements. Finally, this Royal Decree amends second additional provision of Royal Decree 2591/1998, of December 4 th, on the management of the public interest airports and its service area, applying the provisions in article 166 of Law 13/1996, of December 30 th, on Tax, Administrative, Labour and Social Security Measures, in order to keep a similar treatment of terms for processing the reports on territorial and urban plans or tools. The provisions of this Royal Decree do not modify or affect the regulation included in Royal Decree 1167/1995, of July 7 th, on the use of aerodromes used jointly as an air base and an airport, and of air bases open to civil traffic, which regulation still applies. In the execution of this Royal Decree it has been taken into account the self-governing communitiess (regional goberments) point of view, competent in aerodrome matters, and it has been heard the most representative bodies and the consumers and users board. By virtue of, at Minister of Public Works and Minister of Defence initiative, with the prior approval of the Minister of Territorial Policy and Public Administration, according with the State Council and prior deliberation of the Council of Ministers at its meeting on 19 of August of 2011, Article 1. Objective and scope. WHEREAS: CHAPTER I General 1. The objective of this Royal Decree is to establish the procedure for issuing reports and compatibility certificates provided in article 9.2 of Act 21/2003, of July 7 th, on Air Safety, prior to the construction, modification and openning to air traffic of the Self-Governing Community competence aerodromes and prior to approval planning tools of the Self Governing Communities airport facilities. 4

5 Likewise, this Royal Decree summarizes the cases when the issuance of this reports and compatibility certificates shall take action and the matters to be based on. 2. Surfaces without permanent infrastructures for the operation of aircraft designated for emergencies, natural disasters or equivalent situations are not included in the scope of this Royal Decree. 5

6 Article 2. Definitions. For the purposes of the provisions of this Royal Decree, it shall apply: a) Public use aerodromes and Restricted use aerodromes, as defined by article 1.3 of Royal Decree 862/2009, of May 14 th, approving technical standards for design and operation of public use aerodromes and in the certification and verification Regulation of airports and other public use aerodromes. b) Temporary aerodrome, means the surface suitable for the operation by one or several aircraft, being the operation limited in time to a maximum of 30 days per year and not including permanent infrastructures for the aircraft operations. When the operation of the aerodrome is for a longer period of time the aerodrome shall be considered, under the provisions of this Royal Decree, as restricted. c) Air navigation services, as described by article 2 of Regulation (EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European Sky. Article 3. Acts or provisions subject to report and certificate of airspace compatibility and competent body for its issuance. 1. It shall be informed or the compatibility with airspace shall be certified, in a prior, mandatory and binding manner, the acts or provisions of the competent bodies of the self-governing communitiess in the field of aerodrome that provide: a) Approval of planning tools of the airport facilities and, in particular, those related to the management of the aerodromes and their service area. b) Authorization or approval of construction for new aerodromes. c) Authorization for opening to traffic the aerodromes. d) Authorization or approval of modifications, both structural and functional, at aerodromes already built that affect or may affect structure, construction and managing of the airspace, flight procedures or traffic and air transport. 2. It is the Secretary of State for Transport responsibility, at the proposal fo the Civil Aviation Authority (DGAC) and in accordance with the competent body from the Ministry of Defence in its jurisdictions, the issuance of the reports prior to the approval or authorization of the planning tools of the Self Governing Communities airport facilities, and the construction, modification and openning to traffic of the Self Governing Communities aerodromes, except in the case of heliports. The airspace compatibility certificate prior to the construction, modification or opening to traffic of the Self Governing Communities heliports shall be issued by the Civil Aviation Authority (DGAC). Article 4. Content of the reports and certificates of airspace compatibility. 1. The prior, perceptive and binding reports, provided in article 3.1 shall prononunce unequivocally about the effect of the planning actions and about the air operations intended to carry out in them, in relation with: a) Structure and organization of airspace. 6

7 b) Traffic and air traffic control and air navigation services, particularly about air traffic. c) Communication, navigation and surveillance (CNS) and its navigation aids easements. d) Air bases, military aerodromes and public interest airports. e) Navigation aids easements, like affected areas included in the master plans of the public interest airports. f) Air transport For that matter it shall be considered, among other relevant issues, the existence of other aerodromes within the area, its location, its protections (nav aids, easements and obstacle limitation), physical and operational features, as well as the general compatibility with the airspace. 2. Compatibility certificates, both preceptive and binding, prior to construction, modification and opening to traffic of the heliports shall be limited to the infrastrutcture s compatibility of airspace. 3. In any case, the issuance of the report or certificate of favourable compatibility prior to opening to traffic of the Self Governing Communities public use aerodromes shall require the aerodrome or heliport to have an airport certificate or the favourable resolution of verification, issued by the Spanish Air Safety Agency (AESA) in accordance with the provisions of the Certification and verification Regulation of airports and other public use aerodromes, approved by Royal Decree 862/2009, of May 14 th. In such cases, when appropriate, it may be issued the report or compatibility certificate in accordance with the provisions in article Article 5. Structural or functional modifications. Structural or functional modifications, whose authorization, in accordance with the provisions in article 3.1, letter d), shall be previously informed or certificated the compatibility with the airspace, are the ones entailing: a) The change from restricted use to public use. b) The change on the reference key of the aerodrome as determined by Royal Decree 862/2009, May 14th. c) The change of category of the runway (VFR or IFR). d) The changes of the flight procedures published for the runway. e) The changes of structure of airspace. f) The creation of new runways or the variation of the thresholds or orientation of the ones already built and those which form the modification of the instrument category of the runways. g) Installation of new communication, navigation or surveillance equipment (CNS). h) Any other modification whether functional or structural affecting the matters subject to be reported according to the provisions in article 4. 7

8 CHAPTER II Planning tools Article 6. Aerodrome planning and service area delimitation (master plans). The report prior to the approval of the planning tools (master plans) of the Self Governing Communities airport facilities, and in particular, those regarding the organization of aerodromes and their service areas shall be issued according to the provisions in articles 7 and 8. Article 7. Effects on airspace, traffic and air control. To determine the effect of planning tools of the Self Governing Communities airport facilities in relation with the compatibility and airspace needs, traffic and air traffic control, air navigation services and communication, navigation and surveillance (CNS) network, shall be taken into account: a) All the foreseen infrastructures, whether new ones or modifications of already actual infrastructures, and its location by menas of the geographical coordinates of its reference point in the WSG-84 system. b) The needs of airspace included in the planning, as well as the structure and classification of airspace proposed to coordinate air traffic in the facilities of the planning, its compatibility with existing air traffic and with the operations and procedures associated with other existing aeronautical infrastructures in the area. c) Communication, navigation and surveillance (CNS) facilities for air navigation to be required, as provided by the planning, and category of the flight procedures foreseen: visual flight rules (VFR) and Instrument flight rules (IFR), precision or non precision, as well as the needs for air navigation services for each case, paying attention to the demand of foreseen traffic and its respective categories. Article 8. Effect on aeronautical infrastructures of State competence, air transport and navigation aids easement. To determine the effect of planning tools of the Self Governing Communities airport facilities on public interest airports, air bases, military aerodromes and air transport, it shall be taking into account: a) The impact on navigation aids easements and communication, navigation and surveillance systems (CNS). b) The impact on affected areas provided in the master plans of the public interest airports. c) The impact on air transport, for which the air traffic foreseen in the planning shall be taken care of. In particular, it shall be taken into account the legal framework defined by the bilateral and multilateral agreements of air transport. 8

9 CHAPTER III Public use aerodromes Article 9. Settle (Construction) of public use aerodromes. In order to issue the report prior to settle the new Self Governing Communities public use aerodromes, other than the heliports, it shall be taken into account: a) In relation with the compatibility and needs of the airspace, traffic and air traffic control and air navigation services and communications, navigation and surveillance (CNS): 1.º The intended location of infrastructure, length and orientation of runways, in relation to WGS-84 of the aerodrome reference point (ARP) and the runway or runways thresholds. 2.º Operational forecast of the runway or runways of the aerodrome, whether for visual flight rules (VFR) operations or instrument (IFR). 3.º The foreseen structures of the airspace associated with the aerodrome. In the case it is provided instrument flights, among others, airways, control areas (CTA), (TMA), control zone (CTR) and aerodrome traffic zones (ATZ). 4.º Air navigation services associated with the infrastructure provided as necessary for its operation, whether air traffic control services (Controlled aerodrome) or aerodrome information services and alert service (AFIS aerodrome); as well as systems and communication, navigation and surveillance (CNS) equipment. 5.º The incidence of the intended uses of the infrastructure with the existing air traffic and with the operations and procedures associated with other existing aeronautical infrastructures in the area. b) Regarding the incidence on public interest airports, air basis, military aerodromes and air transport: 1.º Forecast of air traffic in relation with type and forecast demand. 2.º The impact on navigation aids easements and communication, navigation and surveillance systems. 3.º The impact on affected areas foreseen in the master plans of the public interest airports. Article 10. Opening to traffic of the public use aerodromes. 1. To report the authorization of the opening to traffic of the Self Governing Communities public use aerodromes other than heliports it shall be necessary that their construction or modification have been reported favourably. 2. For issuing the report it shall be taken into account the maintenance of data and information considered in issuing the reports prior to the construction or modification and, when appropriate, the compliance with the conditions that they had established. In particular, it shall be considered the correspondence: a) Of the standard aeronautical charts to be published. 9

10 b) Of flight procedures and manoeuvres associated with infrastructure, mainly regarding approaches, takes offs, Standard Instrumental Departures (SID) and Standard Terminal Arrival Routes (STAR). c) When appropriate, from provided airspace structures associated with the aerodrome, in particular airways, control time of arrival (CTA), Terminal control areas (TMA), control zone (CTR) and air transit zone (ATZ) and other associated structures. 3. In addition it shall be taken into account the availability of air navigation services associated with infrastructure foreseen to be necessary for its operation and consistency with authorized airspace structure and aeronautical charts. In particular, air traffic control services (controlled aerodrome), aerodrome flight information services and alert services (AFIS aerodrome); communication, navigation and surveillance services (CNS), where appropriate, radio navigation aids (VOR, ILS, etc) and the rest of services associated. Article 11. Structural or functional modifications at public use aerodromes. To report on structural or functional modifications at Self Governing Communities public use aerodromes other than heliports, it shall be taken into account the provisions in article 9 and 10. CHAPTER IV Restricted use aerodromes Article 12. Construction and modification of restricted use aerodromes. To report on the construction and structural or functional modifications of Self Governing Communities restricted use aerodromes other than heliports, it shall be taken into account: a) Regarding compatibility and needs of airspace, traffic and air traffic control and air navigation services and communications, navigation and surveillance system (CNS): 1.º The intended location provided by coordinates of reference point and type and features of the determinant aircrafts. 2.º Provided bearing of the runway or runways foreseen to be built or modified. 3.º Airspace needs depending on operational characteristics of the aerodrome and its network equipment for communication, navigation, and surveillance (CNS) provided. 4.º Manoeuvres and flight procedures to be undertaken in them. 5.º Integration in airspace. 6.º Impact in other existing aeronautical facilities. b) Regarding the incidence on public interest airports, air basis, military aerodromes and air transport it shall be taken into account the provisions in article 9, letter b). 10

11 Article 13. Opening to traffic of restricted use aerodromes. 1. To report the authorization for opening to traffic of an Self Governing Communities aerodrome of restricted use other than heliports it shall be necessary a prior favourable report on its construction or modification. 2. To issue this report is sufficient to verify, in accordance with the provisions in article 20.3, the maintenance of data and information taken into account for issuing the reports prior to the construction or modification and, when appropriate, the compliance with the conditions established in them. CHAPTER V Permanent Heliports Article 14. Construction and modifications of heliports. 1. Construction and modifications of Self Governing Communities permanent heliports, whether public or restricted, shall require that, when appropriate, the compatibility with the airspace of the aviation infrastructure certificate has been issued. 2. In both cases, for issuing the compatibility with airspace certificate it shall be taken into account the provision in article 12, letter a), exclusively on what is relevant to determine such compatibility. Article15. Opening to traffic of heliports. 1. Airspace compatibility certification of a permanent Self Governing Communities heliport, public or restricted, prior to the authorization of its opening to traffic, shall only be available when a favourable certificate has been issued prior to its construction or modification. 2. For issuing the compatibility certificate prior to opening to traffic of a permanent Self Governing Communities heliport of public use it shall be taken into account the provisions in article For issuing the compatibility certificate prior to opening to traffic of a permanent Self Governing Community heliport of restricted use it shall be sufficient to verify, according with the provisions in article 20.3, the maintenance of data and information taken into account when issuing the reports prior to the construction or modification and, in its case, the compliance with the conditions that they had established. Article 16. Temporary aerodromes. CHAPTER VI Temporary aerodromes 1. Prior to authorizing the use of Self Governing Community temporary aerodromes, including temporary heliports, within a controlled, restricted or dangerous zone, or within the affected area of another aeronautic infrastructure, the report or compatibility certificate shall be collected, under the terms provided respectively in article 12 and

12 2. For authorizing the use of the rest of the Self Governing Communities temporary aerodromes, including heliports, it shall be sufficient to inform the Air Safety State Agency (AESA) of its location and period of use. Article 17. Application and documentation. CHAPTER VII Procedure 1. The application from the competent body of the Self Governing Community of the reports or compatibility certificates regulated in this Royal Decree, shall have the necessary documentation attached to carry out the analysis provided in the chapters II and VI, both included, as well as, when appropriate, the analysis that the Self Governing Communities body has made about such matters. The annex lists the documentation that must be presented along with the application form. Such documentation, if possible, shall be submitted electronically. 2. The request of report or compatibility certificate shall be submitted to the Civil Aviation Authority and shall be addressed to both the Secretary of State for Transport and the Minister of Defence, when requesting the issuance of the reports, or to the Civil Aviation Authority, when requesting the issuance of compatibility certificates. Article 18. Procedure impulse. It is the Civil Aviation Authority responsibility to impulse, encourage and execute the procedure for issuing reports or certificates of compatibility prior, perceptive and binding, provided in this chapter, without prejudice to the competences assigned to the Commission between Defence and Public Works ministries (CIDEFO) Article 19. Procedure for issuing reports regarding public use aerodromes other than heliports. 1. Once verified the adequacy of the documentation, the Civil Aviation Authority shall submit the appropriate one to the Interministerial Committee between Defence and Public Works so as to, within four months, report about the incidence of the action proposed in relation to: a) Structure and management of the airspace. b) Air traffic. c) Communications, navigation and surveillance (CNS) network. d) Navigation aids easements of the air bases, military aerodromes, civil public use aerodromes and communication, navigation and surveillance (CNS) network and the affected areas gather together in the master plans. 12

13 2. In the period provided in the previous part, the Civil Aviation Authority shall pronounce itself on the incidence of the actions proposed for air transport, after the proposals of the entities and bodies which competences could be affected by the report of that authority. Article 20. Procedure for issuing reports or compatibility certificate regarding the rest of the aerodromes. 1. The reports prior to the construction and modification of the restricted use aerodromes and the reports prior to the use of temporary aerodromes, other than heliports, provided, respectively, in articles 12 and 16.1, shall be handled in accordance with the provisions of article The processing of the certificates of compatibility of airspace related to the construction and modifications of permanent and temporary heliports, provided, respectively, in articles 14 and 16.1, shall comply with article The opening to traffic of an restricted use aerodrome or of a permanent heliport shall be informed or its compatibility with airspace shall be certified, respectively and favourably without prejudice to obtain a prior report from the Interministerial Committee between Defence and Public Works, as long as the competent body of the Self Governing Community identifies the owner of the infrastructure and the airport manager and details the location, use and general characteristics of the infrastructure used to develop the report or compatibility certificate prior to authorize the construction. Otherwise, the procedure shall proceed with the provisions of article 19.1 The resolution or report issued by the competent body of the Self- Governing Community (regional goberments) regarding the provisions of previous paragraph, allows backing up such provisions before the Civil Aviation Authority. Article 21. Issuance of reports or compatibility certificates and deadlines. 1. Reports and certificates of compatibility of airspace shall be issued by the competent body in accordance with the provisions in article 3, once taken into account the resolutions issued under the provisions in articles 19 and 20. The approval from the competent body of the Ministry of Defence shall be collected by the Civil Aviation Authority, and shall submit, along with the report proposal, when appropriate, the one issued by the Interministerial Committee between Defence and Public Works. For the issuance of the certificates of compatibility of airspace the report issued by such Interministerial Committee should be enough. 2. If the competent body for issuing the report or compatibility certificate considers that the availability of the Self-Governing Community does not grant enough state competences, it shall estate in the report or certificates the conditions to ensure such competences. In this case, the report or certificate of compatibility shall be unfavourable, and article 23 shall apply for verifying the established conditions. The provisions in the previous paragraph shall be executed without prejudice to those reports or compatibility certificate prior to construction or modification of 13

14 aerodromes that, considering the state competences safe, anticipate the requirements or conditions that the competent body considers should be complied with prior to opening to traffic of the aerodrome in order to maintain such safety. 3. The term to issue the reports or certificates of compatibility is six months and begins from the date of entry in the Civil Aviation Authority of the entire documentation provided in article 17. For the sole purpose of the calculation, within 20 days following the date of entry in the Civil Aviation Authority of the application for a report or a compatibility certificate, this authority shall resolve on the sufficiency of the documentation presented or, when appropriate, it shall require the additional documents needed. The resolution on the sufficiency of the documentation provided in this part does not prevent from additional documents to be required during the rest of the procedure, if necessary. In such case, the term for issuing the report may be suspended for the time between notification of the requirement and its compliance. 4. After the period of six months provided in the previous paragraph, without having issued a report or compatibility certificate requested, it shall mean that they are favourable, except in the case of reports or certificates of compatibility prior to opening to traffic if the compliance with the requirement established in article 4.3 is not previously accredited, which shall be considered essential according to article 62.1, letter f) of Law 30/1992, of November 26 th, legal system of the public administrations and of the common administrative procedure Article 22. Validity of reports or certificates of compatibility. 1. Reports and certificates of compatibility shall have a validity of two years from the date of issuance. 2. If during that period it had not been performed the actions for which an authorization or approval has been reported or certified the compatibility of airspace, or such execution had been suspended for any reason, in order to start or continue the implementation of the action, it must be requested previously: a) Extending the term of validity of the report or compatibility certificate, when for a justified reason the reported action could not have executed. Extending the term of validity of the report or certified of compatibility shall not exceed 12 months under any circumstance. b) The issuance of a new report or compatibility certificate, under the cases not provided in the previous paragraph. 3. The resolution on the origins of the extension shall be issued by the competent body as provided in article 3.2, within three months from the requesting date, taking into account the justification for the impossibility of 14

15 carrying out the provided action and possible effects of the delay on other actions pending report or those considered in Article 4. Article 23. Accreditation of conditions established in the report or compatibility certificate. 1. When issued the report or compatibility certificate according with the provisions in article 21.2, the procedure of issuing a new report or compatibility certificate shall be initiated through an application addressed to the Civil Aviation Authority only attached with the documentation that supports the conditions imposed. 2. Once verified the accreditation of the conditions imposed in the report or compatibility certificate and without any additional step needed, the Secretary of State for Transport or the Civil Aviation Authority, when appropriate, shall issue the corresponding report or compatibility certificate This report or compatibility certificate solely pronounces itself on the compliance with the conditions imposed in the one issued in accordance to the provisions in article The maximum term to issue this report or compatibility certificate is three months from the date the documentation supporting the compliance with such conditions enter in the Civil Aviation Authority. After that period without issuing the report or compatibility certificate applied for, it shall mean favourable. Single transitional provision. Transitional provisions regarding procedures. The procedures initiated when this Royal Decree entered into force shall keep its process in accordance with the provisions in it, maintaining all the steps already made prior the entry into force and without taking back any action. If it was not possible to continue with the procedure in accordance with the provisions in this Royal Decree without taking back the actions, it shall adjust to the provisions in the current regulation prior to the entry into force of this Royal Decree. First final provision. Amendment of the Royal Decree 862/2009, of May 14 th, approving the technical standards for design and operation of public use aerodromes and regulating the certification of State competence airports Royal Decree 862/2009, of May 14 th, approving technical standards for design and operation of public use aerodromes and regulating the certification of competence of the State airports, is amended as follows: One. Title is amended as follows «Royal Decree 862/2009, of May 14 th, approving the technical standards for design and operation of public use aerodromes and the Regulation for certification and verification of airports and other public use aerodromes». Two. Single article is modified; it becomes article 1 with the following text: «Article 1. Technical standards for design and operation of public use aerodromes. 15

16 1. It is incorporated to Spanish Law the technical standards for design and operation of public use aerodromes included in Annex 14, «Aerodromes», of the Convention on International Civil Aviation, which content, with the convenient adaptations, is included as annex to this Royal Decree. 2. The technical standards of the Annex apply to aerodromes opened to public use. The technical standards included as recommendations in the annex represent mandatory technical standards for civil public use aerodromes. Nonetheless, the Agenica Estatal de Seguridad Aérea (Spanish Air Safety State Agency) will be able to admit deviations from the recommendations of the annex as long as: a) The compliance with the recommendation is not reasonably feasible or it is necessary a temporary extension for its compliance, and b) The manager of the public use aerodromes demonstrates, through a risk analysis from the safety management system (SMS) of the aerodrome, that alternative measures that he proposes, grant sufficiently the maintenance at an acceptable safety level. Likewise, the Agencia Estatal de Seguridad Aérea (Spanish Air Safety State Agency) may request the manager of the public use aerodromes an aeronautical study on safety that analyzes the non fulfilment of the recommendation in question and establishes the alternative measures considered to achieve the acceptable safety levels. 3. For the purpose of the provisions in this Royal Decree, public use aerodrome means the civil aerodrome that offers services to any user without discrimination and appears as such in the aeronautical information publication (AIP) of the Aeronautical Information Service. In any case are considered as public use aerodromes those civil aerodromes that perform commercial transport operations with passengers, cargo and mail, maintenance of aircraft for commercial transport, are base of flight training organisations for commercial or air taxy pilots, or perform tourist flights. The rest of the aerodromes shall be considered restricted use aerodromes. Air bases and military aerodromes, civil facilities located in them, as well as zones and military facilities of the aerodromes used together with an air base or military aerodrome and airport are excluded from the concept defined within this part, in accordance with the definitions of Royal Decree 1167/1995, of July 7 th, on the use of airdromes used jointly as an air base and an airport, and of air bases open to civil traffic. 4. Likewise, technical standards of the annex shall apply to air bases opened to civil traffic and to aerodromes together with an air base and an airport, as far as its implementation is compatible with their operations, in accordance with national defence needs.» Three. A new article 2 is added as follows: 16

17 «Article 2. Regulation of certification and verification of airports and public use aerodromes. It is approved the Regulation of certification and verification of airports and public use aerodromes whose text is as follows.» Four. A new third transitional provision is added and reads as follows: «Third transitional provision. Public use aerodromes opened to traffic and subject to the Agencia Estatal de Seguridad Aérea (Air Safety State Agency) verification. 1. Managers from all the civil aerodromes currently open to air traffic shall communicate the Air Safety State Agency within three months after the entry into force of this provision, if according to the provisions in article 1.3, they are public use aerodromes, and revealing, if this is not the case, their condition of restricted use aerodrome. The information relative to the public or restricted use of the civil aerodrome shall be kept updated on the aeronautical information publication (AIP). The manager of the public use aerodromes is the responsible for communicating this information to the Aeronautical Information Service (AIS), in accordance with the procedures of the public use aerodromes manual. 2. Civil aerodromes opened to traffic that, according with the provisions in the previous paragraph, have manifested their condition of public use aerodromes, obtain a transitional period which deadline is December 31th of 2013 to carry out adequacy works needed for their adaptation to technical standards for design and operation of public use aerodromes approved by this Royal Decree. For this purpose, the airport manager shall compose, within three months after ending the period provided in paragraph 1, the actions programme for the adjustment referred to in the previous paragraph, which shall be authorized by the Agencia Estatal de Seguridad Aérea (Air Safety State Agency). In the case of public use aerodromes of Self-Governing Communities, where the regulation of this Community regarding aerodromes foresees that the Self-Governing Community is competent for issuing reports, enouncements or certificates in technical standards for design and operation of public use aerodromes matters, the authorization from the Agencia Estatal de Seguridad Aérea (Air Safety State Agency) shall be carried out after the report from the Self-Governing Community. 3. After the authorization of the adequacy programme provided in the previous paragraph, the Air Safety State Agency, counting on the approval from the Self-Governing Communities in the cases foreseen in the second paragraph of such part, shall approve a verification plan applicable to public use aerodromes currently operating at the entry into force of this Royal Decree. Deadline for the execution of the plan is 31th December of Civil aerodromes which do not present the actions programme to their adjustment to technical standards for design and operation approved by this Royal Decree, or that do not perform adaptation works in 17

18 accordance with the provisions in this transitional provision, shall either become restricted use aerodromes, subjected to their own regulation, or close their facilities. The Air Safety State Agency shall verify the compliance with the provisions in the previous paragraph, and will be able to adopt the corresponding restrictive or disciplinary measures if the aerodrome continues operating, after demanding its closure, or if it is working as a public use aerodrome, after becoming a restricted use aerodrome or manifesting that it has such condition. 5. The action programmes approved by the Secretary of State for Transport, in accordance with the provisions in the first transitional provision, prior to the entry into force of this provision, shall continue to apply. Nonetheless, the Air Safety State Agency by executing the current Airport Certification Plan provided in the second transitional provision and regarding the public use aerodromes which do not comply with the requirements established in the article 2.2, of the certification and verification regulation of airports and other public use aerodromes, shall issue, within the periods provided in such plan the corresponding verification resolution when appropiate.» Five. It is modified the heading of the second final provision to which two new paragraphs are added, 3 and 4, as follows: «Second final provision. Development and implementation. ( ) 3. The Civil Aviation General Director (DGAC Director), according with the procedure established by article 8 of Law 21/2003, of July 7 th, on Air Safety, at the inititative of the Air Safety State Agency, and taking into account the requirements and recommendations from the International Civil Aviation Organization (ICAO) and the international bodies where Spanish State takes part, shall dictate through aeronautical Circular, secondary provisions and technical content that complete and require the implementation of technical standards for design and operation of public use aerodromes included in the annex for civil aerodromes, and in particular those that establish the procedures for the compliance with the provisions in them. 4. The Airport and Air Navigation Safety Director of the Air Safety State Agency shall approve technical guidance of orientation for applying technical standards for design and operation of public use aerodromes included in the annex for civil aerodromes and shall adopt the instructions addressed to the personnel in charge of the certification, verification and monitoring compliance with the procedures to be applied to assess the compliance with such standards. 5. The Airport and Air Navigation Safety Director of the Air Safety State Agency shall publish in the Air Safety State Agency website the criteria applied to request the manager of the public use aerodromes the aeronautical safety studies referred to in article 1.2, last paragraph, of this Royal Decree.» 18

19 Six. It is added a new third final provision, leading the current third final provision to be renumbered as fourth final provision, as follows: «Third final provision. Collaboration agreements. Through a collaboration agreement between the Public Works Ministry and the respective Self-Governing Community, cooperation tools may be agreed to implement the provisions in article 23 of the Regulation of certification and verification of airports and other public use aerodromes» Seven. It is replaced the Regulation of certification of State competence airports which becomes as follows: Article 1. Objective. «REGULATION OF CERTIFICATION AND VERIFICATION OF AIRPORTS AND OTHER PUBLIC USE AERODROMES CHAPTER I General The objective of this regulation is to rule the certification and verification scheme of airports and other public use aerodromes. Likewise, this regulation rules the procedure to grant the airport certification and to dictate the verification resolution of public use aerodrome, as well as the procedure for its modification, renewal, restriction, suspension and revocation. Article 2. Scope. 1. This regulation applies to all airports and the rest of the public use aerodromes located in Spain. 2. In any case, the airports whatever nature, denomination or ownership, providing commercial air traffic services and which have established approach and IFR departure procedures shall be certified and 1.º Have a paved runway of 800 metres or above or exclusively serve helicopters, and 2.º Handle more than 10,000 passengers per year or more than 850 movements related to cargo operations. The rest of the airports and public use aerodromes will be subject to verification of compliance with the provisions in this regulation. 3. Managers of airports and of the rest of the public use aerodromes, prior to obtain the licence or authorization to open to traffic, shall hold, if appropriate, a certificate or a positive resolution of verification for each of the airport infrastructure. In addition, prior to obtain the licence or authorization to open to traffic the works or modifications affecting the technical standards of design and operation of public use aerodromes, the manager of the airport infrastructure shall hold 19

20 the modification of the certificate or the positive resolution of verification, demonstrating the maintenance of safety conditions. Article 3. Definitions. For the purposes of this regulation it is to be understood that: a) Certified Airport: Airport whose manager has been granted with an airport certificate. b) Public use aerodrome: The aerodrome as described in article 1.3 of this Royal Decree c) Verified Public use aerodrome: Airport or civil public use aerodromes whose manager has obtained a positive resolution of verification. d) Manager of the airport infrastructure: Natural or legal person designed by the owner of the airport or public use aerodrome and who complies with the requirements to execute the obligations determined by article 40 of Act 21/2003, of July 7 th, on Air Safety e) Certified or verified manager: Natural or legal person, who owns the corresponding airport certification or the positive resolution of verification of the public use aerodrome and who is responsible for complying with the requirements gathered together in this regulation at the airport or at the public use aerodrome for which it has been issued, respectively, the certification or the favourable resolution of verification f) Restriction of the certificate or of the positive resolution of verification: Temporary restriction that may be imposed, when appropriate, to the certificate of the airport or to the positive resolution of verification of the public use aerodrome, as a consequence of the non fulfilment of some of the provisions of this regulation or of the technical standards of design and operation of public use aerodromes approved by this Royal Decree, so that it may continue operating with such restrictions without the need for suspension or revocation of the certificate or the favourable resolution of verification. g) Airport Manual or Public Use Aerodrome Manual: it is the main document to issue, respectively, of the certificate or the positive resolution of verification developed according to the requirements of this regulation and that includes the information that allows verifying that the airport infrastructure, its facilities, services, equipment, system and operational procedures are adjusted to the provisions in this regulation and that it is suitable for the aircraft operations proposed. h) Air navigation service providers: Any public or private entity in charge of providing air navigation services for general air flow. i) Safety: is the state in which the risk of harm to persons or of property damage is reduced to, and maintained at or below an acceptable level through a continuing process of hazard identification and risk management. j) Air navigation services: Air traffic services, communication, navigation and surveillance services, weather services designated to air navigation and the aeronautical information services. k) Safety Management System (SGS): system specific of each airport infrastructure, in which it is detailed the organization structure, responsibilities, procedures, processes and provisions that, in aeronautical safety matters the certified or verified manager applies, and that allows using the aerodrome safely. 20