Transposes To The Internal Legal Order The Directive 2006/23/ec Of The European Parliament And Of The Council Of 5 April On The Community Air Traffic Controller Licence

Original Language Title: Transpõe para a ordem jurídica interna a Directiva n.º 2006/23/CE, do Parlamento Europeu e do Conselho, de 5 de Abril, relativa à licença comunitária de controlador de tráfego aéreo

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624445354f4331594c6d527659773d3d&fich=ppl198-X.doc&Inline=false

1 PROPOSAL of law No. 198/X explanatory statement the harmonised regulatory framework at Community level for the creation of the single European sky, has as main objectives: the strengthening of existing security standards and the overall effectiveness of the general air traffic in Europe, to optimise airspace capacity to respond to the needs of all its users and to minimise delays. In this way and to ensure the harmonization of rules and procedures were adopted regulatory safety specifications issued by the European Organisation for the safety of air navigation (EUROCONTROL Safety Regulatory Requirement, abbreviated called ESARR's), established by the International Convention relating to cooperation for the safety of air navigation of 13 December 1960, to which Portugal also joined and it's part. So and on adoption of these regulatory safety specifications, were naturally also adopted provisions concerning the licensing of air traffic controllers, provided for in the regulatory specification no. 5 (ESARR 5). Thus, the implementation of the single European sky legislation comes to require the establishment of more detailed legislation, in particular with regard to the licensing of air traffic controllers, in order to ensure the highest standards of responsibility and competence, to increase the number of air traffic controllers and promote mutual recognition of licences, as foreseen in article 5 of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky, pursuing the aim of increasing overall air traffic safety and competence of professionals.

2 the introduction of a Community licence is a means of recognising the specific role played by the security controllers of air traffic control. Indeed, the provision of air navigation services requires personnel with degree of high qualification, whose competence can be demonstrated by several means. The Community licence constitutes a kind of diploma of each air traffic controller, whose recognition throughout the community increases not only the freedom of movement as well as the number of air traffic controllers. It is confirmed, so, in this way, the long case law of the Court of Justice of the European communities in the field of mutual recognition of diplomas and freedom of movement for workers. In addition, the establishment of harmonised standards between all Member States reduce the fragmentation in this area, making it more efficient organisation of work within the framework of growing regional collaboration between air navigation service providers. In this way and on the basis of these assumptions, having as main concerns underlying the increased levels of safety and improving the functioning of the Community system of air traffic control, was published the directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 on a Community air traffic controller licence, whose transposition operates through the present law as this Directive and their transposition into the national legal systems of the various Member States, an essential part of the legislation on the single European sky. Naturally you want the community-level legislation that transposes, either the present law which transposes, based not only on regulatory specifications about EUROCONTROL's safety, but also on existing international standards, issued by the International Civil Aviation Organisation (ICAO), international organization established under the Convention on International Civil Aviation, signed at Chicago on 7 December 1944 , adopted by the Portuguese State through Decree-Law No. 36158, 17 February 1947 and ratified on 28 April 1948, which adopted provisions concerning the licensing of air traffic controllers, 3 in annex I to the Convention. The particular characteristics of Community air traffic call for the creation and enforcement of uniform standards of competence for air traffic controllers employed by air navigation service providers who deal mainly with general air traffic. In addition, this law also applies to student air traffic controllers and air traffic controllers exercising their functions under the responsibility of air navigation service providers offering their services primarily to aircraft movements that not included in general air traffic. The National Civil Aviation Institute, i. p. is, in accordance with point (b)) of paragraph 4 of article 3 of the organic law, your approved by Decree-Law No. 145/2007, of 27 April, the national supervisory Authority for the purposes of that Directive transposes and for the purposes 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. Should the National Civil Aviation Institute, i. p. assessing the competence of the air traffic controllers when issuing such licences or by extending the validity of endorsements, as well as supervise and ensure compliance with the provisions of this law, particularly with regard to maintaining the highest level of security and the fulfilment of qualification requirements , competence and access to the profession of air traffic controller, so that the exercise of the functions of air traffic controller is carried out safely and with high quality. Regarding the matter of incidents and accidents is commonly accepted that communication plays a significant role, therefore the ICAO adopted requirements in terms of language skills, which develop in this law as a way to comply with these internationally accepted standards.


4 State, initial training requirements and operational training unit, with a view to ensuring high levels of competence, not ignoring the necessary medical requirements. Also established in Portugal, recognition of licences, ratings and endorsements issued both in member countries of the European Union Member States of EUROCONTROL, based on the principle of reciprocity. With regard to training organizations, understand that the certification is one of the essential factors that contribute, not only to the quality of training in itself, but also for his own safety. Typify, the mere social ordering unlawful established on the basis of interests to protect and specific reprehensibility. The present law was subject to public appreciation, through publication in the reprint number _ _ _ _ _ _ the journal of the Assembly of the Republic, of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.

Trade union associations were heard and of operators in the sector and the National Commission for Data Protection. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: chapter I General provisions article 1 subject matter and scope 1-this law transposes to the internal legal order the directive 2006/23/EC of the European Parliament and of the Council of 5 April 2006 on the Community air traffic controller licence. 5 2-this law shall apply to air traffic controllers and air traffic control student exercising their functions under the responsibility of air navigation service providers, mainly for aircraft movements of general air traffic and the certification of their training organizations. 3. this law shall not apply to air traffic control services, scheduled or planned, which are provided to general air traffic under the responsibility of air navigation service providers providing services mainly for the movements of different aircraft of the general air traffic, unless the same be provided with a level of quality and safety equivalent to the level resulting from the application of the provisions of same. 4-it is the National Civil Aviation Institute, i. p., while national supervisory Authority, ensuring compliance with quality and safety level provided for in the preceding paragraph.

Article 2 definitions for the purposes of this law: (a) ")" instructor endorsement shall», the authorisation entered into a license and that is an integral part, which attests to the holder's competence to provide training in actual traffic situation, as instructor; b) ' linguistic ' Endorsement, the authorisation entered into a license and that is an integral part, which certifies the linguistic competence of the right holder; c) ' Endorsement of supervisory body ' means the authorisation entered on a licence, and which is an integral part, which refers to the ICAO location indicator and the sectors or working positions in which the proprietor is able to work;


6 d) ' qualification ' Endorsement, the authorisation entered into a license and that is an integral part, that indicates the conditions, privileges or specific constraints arising from the said qualification; and ' training '), set of theoretical courses, practical exercises, including simulation, and training in real traffic, necessary to acquire and maintain the skills specific to provide air traffic control services, including initial training, training, training, training of instructors for training in real traffic and training of examiners or evaluators; f) «continuing education», which is for maintaining the validity of the licence endorsements; g) «initial», basic training and obtaining the qualification, which is for obtaining a student licence air traffic control; h) training of instructors for training in real traffic», which is for obtaining the instructor endorsement; I) ' training ', comprising a transitional phase with simulated traffic and a stage with real traffic and intended to obtain an air traffic controller licence; j) «ICAO location indicator», four-letter code formulated in accordance with the rules laid down by ICAO in your manual DOC 7910 and assigned to the site of an aeronautical fixed station; l) ' permit ' means a security issued pursuant to this law, which allows your holder provide air traffic control services, according to qualifications and endorsements constants; m) «organising training», the organization certified by the National Institute of Civil Aviation, i. p. as the national supervisory authority, which is intended to provide one or more types of training; n) «control body» air traffic services, the service unit of an air navigation service provider; 7 the) «the plan» control body, the plan indicates the method by which the Unit maintains the competence of licensees that integrate; p) ' training plan ', the plan indicating in detail the processes and timing required to allow the application at the local level, the procedures of the supervisory body under the supervision of an instructor in charge of training in real traffic; q) ' air navigation service providers ' means public or private entities providing air navigation services for general air traffic; r) ' Qualification ' means authorisation entered on the licence and that it forms an integral part, indicating the specific conditions, privileges or restrictions associated with it; s) "aerodrome control instrument Qualification ' means authorisation which certifies the competence of the holder of the licence to provide air traffic control service to aerodrome traffic at an aerodrome, for which there are published procedures or instrument take-off approach and must contain at least one of the following endorsements: i) «ground movement control Endorsement» attesting the competence of the holder of the licence to make the ground movement control; II) «» Tower control Endorsement attesting the competence of the holder of the licence to provide control services when the aerodrome control is carried out from a position of employment; III) ' Endorsement in the air traffic control» attesting the competence of the holder of the licence to air traffic control in the vicinity of the airfield; IV) «» Radar Endorsement granted in addition to the Air control endorsement or Tower control, attesting the competence of the holder of the licence to the aerodrome control with use of surveillance radar equipment;


8 v) ' ground movement surveillance Endorsement» granted in addition to the ground movement control endorsement or Tower control, attesting the competence of the holder of the license to carry out the control of movement on the ground using conduction systems of movements on the ground, used at the airfield; t) "aerodrome control Visual ' Qualification, authorisation which certifies the competence of the holder of the licence to provide air traffic control service to aerodrome traffic at an aerodrome for which there are no published procedures to take off or approach by instruments; u) ' Conventional Approach control Qualification», which certifies the competence of the licence holder to provide air traffic control services in the arrival, departure and transit of aircraft without the use of surveillance equipment; v) ' approach control surveillance Qualification», which certifies the competence of the licence holder to provide air traffic control services to aircraft in the arrival, departure and transit, through the use of surveillance equipment and shall contain at least one of the following endorsements: i) «Precision Radar Approach Endorsement» granted in addition to the Radar endorsement in order to certify the competence of the holder of the licence to provide precision approach services on the final approach to the runway, using radar equipment; II) ' Surveillance Radar Approach Endorsement» granted in addition to the Radar endorsement, which certifies the competence of the holder of the licence to provide approach control services of precision, not through the use of surveillance equipment on the final approach to the runway; III) ' Terminal control Endorsement» granted in addition to the Radar or Automatic Dependent Surveillance endorsements, which certifies the competence of the holder of the licence to provide services of 9 air traffic control to aircraft operating in a specified terminal area and/or adjacent sectors, through the use of any surveillance equipment; IV) «» Radar Endorsement attesting the competence of the holder of the licence to provide an approach control service through the use of primary and secondary radar equipment; v) Automatic Dependent Surveillance Endorsement «» attesting the competence of the holder of the licence to provide an approach control service through the use of automatic dependent surveillance; x) «Conventional» Regional Control Qualification, attesting the competence of the licence holder to provide air traffic control services to aircraft without the use of surveillance equipment; z) «area control surveillance» Qualification, authorisation which certifies the competence of the licence holder to provide air traffic control services to aircraft, through the use of surveillance equipment and shall contain at least one of the following endorsements: i) «Ocean» Control Endorsement attesting the competence of the licence holder to provide air traffic control services to aircraft operating in an oceanic control area; II) ' Terminal control Endorsement» granted in addition to the Radar or Automatic Dependent Surveillance endorsements, which certifies the competence of the licence holder to provide air traffic control services to aircraft operating in a specified terminal area and/or adjacent sectors, through the use of any surveillance equipment; III) «» Radar Endorsement attesting the competence of the holder of the licence to provide area control services with the use of surveillance radar equipment; IV) Automatic Dependent Surveillance Endorsement «» attesting the competence of the holder of the licence to provide area control services, through the use of automatic dependent surveillance; 10 aa) ' Sector ' means part of a control area or of a flight information region or upper flight information region; BB) ' air traffic control service», whose service provision intended to prevent collisions between aircraft and maneuvering area between aircraft and obstructions, and expediting and maintaining an orderly flow of air traffic; CC) «» air traffic services, flight information service, prompt service, advisory service and the air traffic control service, regional approach and aerodrome; DD) ' general air traffic», all movements of civil aircraft and State aircraft, including these last the military aircraft and customs officers, where such movements are carried out in accordance with the procedures determined by the ICAO.

Article 3 Abbreviations for the purposes of this law: (a)) «ACP» (Area Control Procedural), Regional Conventional Control; b) ' ACS ' (Area Control Surveillance), Regional monitoring Control; c) ' ADI ' (Aerodrome Control Instrument), aerodrome Control instrument; d) «ADS» (Automatic Dependent Surveillance), Automatic Dependent Surveillance; e) «ADV» (Aerodrome Control Visual), aerodrome Control Visual; f) «AIR» (Air Control), the air traffic control; g) «APP» (Approach Control Procedural), Conventional Approach control; h) «APS» (Approach Control Surveillance), approach control surveillance; 11 i) «ESARR (EUROCONTROL Safety Regulatory Requirement), specifications established by EUROCONTROL safety regulatory; j) «5» ESARR (EUROCONTROL Safety Regulatory Requirement 5), regulatory safety specification established by EUROCONTROL concerning the licensing of air traffic controllers; l) «EUROCONTROL», European Organisation for the safety of air navigation, established by the International Convention relating to cooperation for the safety of air navigation of 13 December 1960; m) «GMC» (Ground Movement Control), ground movement control; n) ' GMS ' (Ground Movement Surveillance), ground movement surveillance; the) ' ICAO ', International Civil Aviation Organization set up by the Convention on International Civil Aviation, signed at Chicago on 7 December 1944; p) «OCN» (Oceanic Control), Oceanic Control; q) «COUPLE» (Precision Approach Radar), Precision Radar Approach; r) «RAD» (Radar Control), Radar; s) «MS» (Surveillance Radar Approach), Surveillance Radar Approach; t) ' TCL» (Control Terminal), Terminal Control; u) ' TWR ' (Tower Control) control tower.


CHAPTER II National Supervisory Authority article 4 National Civil Aviation Institute, i. p. 1-the National Civil Aviation Institute, i. p., abbreviated designated INAC, i. q., is the 12 national supervisory Authority, for the purposes of this law, in accordance with point (b)) of paragraph 4 of article 3 of Decree-Law No. 145/2007, of 27 April. 2-INAC, i. p. shall provide information and assistance to the national supervisory authorities of other Member States, when they so request, in order to ensure the necessary harmonization of rules and procedures, especially as regards the free movement of air traffic controllers within the community.

Article 5 Responsibilities as the national supervisory authority, it is up to INAC, i. p.: a) the issuance and cancellation of licences, ratings and endorsements, for which appropriate training and assessment have been completed as part of your area of responsibility; (b)) the maintenance, the limitation and the suspension of licences, ratings and endorsements for which privileges are to be exercised under your responsibility; c) the certification of training organizations, as well as the maintenance, suspension, restriction and cancellation of its licences; d) the approval of training courses, unit training plans for monitoring and competency systems of control; e) approval and their maintenance on license holders authorized to exercise functions of examiners and competence assessors for unit training and continuing training; f) the monitoring and auditing of training systems; g) the establishment of appropriate mechanisms for appeal and notification. 13 Article 6 1 database-INAC, i. p. maintains an up-to-date database for each student licence air traffic control and air traffic controller, under your responsibility, which must contain: a) the personal data of cadets and air traffic controllers; b) qualifications and valid endorsements, with their dates of expiry; c) the qualifications and previous endorsements, including the controlling air traffic service where he served an air traffic control service; d) data from any action taken by INAC, i. p. that resulted in a suspension or revocation of a license or a medical certificate of fitness, as well as a suspension or cancellation of qualifications or endorsements; and) the date on which it expires the validity of the certificate of medical fitness; f) the date on which complete each proficiency assessment process. 2-the organs of control of air navigation service providers should keep records of the hours actually worked for a period of 5 years, to each holder of a license by sectors, groups of sectors or working positions and should provide these data to the INAC, I. P., when the latter so requests. 3-the database is maintained in accordance with the personal data protection act.

Article 7 audit and inspections 1-INAC, i. p., acting as the national supervisory authority, must be carried out where necessary an audit training organisations to ensure the effective enforcement of the rules provided for in this decree-law.

14 2-without prejudice to the provisions of the preceding paragraph, the INAC, i. p. may carry out on-the-spot inspections to verify the implementation and compliance with the standards laid down in this law. 3-the INAC, i. p. may delegate in whole or in part the auditing functions and inspections, referred to in the preceding paragraphs, the recognised organisations in accordance with article 3 of Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004.

CHAPTER III licenses, qualifications and endorsements section I General provisions article 8 1 Licenses-the exercise of air traffic controller functions depends on the ownership of a license, the grant by INAC, I. P. 2-licences granted under this law are personal and not transferable. 3-The air traffic controller licences and air traffic control student must contain the elements set out in annex I to this Act, which is an integral part. 4-the licenses are issued in Portuguese language and include the English language translation of the elements mentioned in Annex i. 5-applicants for a license must prove competent to exercise the functions of air traffic controller or student licence air traffic control. 6-for the purposes of the preceding paragraph, the evidence demonstrating the competence to perform the task of an air traffic controller or student licence air traffic control on your knowledge, experience, skills and linguistic competence 15. Article 9 qualifications and endorsements the holder of an air traffic controller licence or student licence air traffic control can only exert activity as she created in terms of qualifications and endorsements registered therein. Article 10 medical certificate of fitness 1-the issuing of an air traffic controller licence or student licence air traffic control depends on the medical certification of fitness of their candidate. 2-the medical fitness certificate referred to in the preceding paragraph shall be issued pursuant to Decree-Law No. 250/2003, of 11 October, taking into account the provisions of annex I to the Convention on International Civil Aviation and the requirements for European class 3 medical certificate by air traffic controllers laid down by EUROCONTROL.

Article 11 medical conditions and use of psychoactive substances 1-air traffic controllers and air traffic control student may not engage in operational functions when they are aware of any situation of diminishing your physical fitness or mental, which may affect the safety in the performance of those functions, even when they are under the influence of any psychoactive substance or medicines which might affect your ability to exercise safely and appropriately. 16 2-air navigation service providers shall have and apply procedures, approved by INAC, i. p., preventing the exercise of operational air traffic controllers and cadets of air traffic control, where the same are in accordance with the conditions referred to in the preceding paragraph.

SECTION II requirements for the issue of licences, ratings and endorsements


Article 12 student licence air traffic control 1-the applicant for a student licence air traffic control must fill, cumulatively, the following requirements: a) Have completed eighteen years at the time of issue of the licence; b) Have completed the 12th year of schooling or equivalent; c) have successfully completed initial training, approved by INAC, i. p., pertinent to the qualification at a certified training organization, and, as the case may be, to the endorsement of qualification, as referred to in part A of Annex II to this law, which is an integral part; d) Possess a medical certificate of fitness not valid; and) Have demonstrated an adequate level of linguistic competence, in accordance with the requirements set out in annex III to this law, of which it forms an integral part. 2-in cases where the applicant does not fulfil the requirement laid down in point (b)) of the preceding paragraph, the INAC, i. p. can assess your level of education, dispensing it from such requirement, where this assessment shows that the candidate has experience and knowledge that give him a reasonable prospect of being able to conclude an air traffic controller training. 17 3-the student licence air traffic control your empowers the holder to provide air traffic control services under the supervision of an instructor training in real traffic. 4-the license must include at least one qualification and can include an endorsement of qualification. Article 13 air traffic controller license 1-the applicant for an air traffic controller licence must fill in, cumulatively, the following requirements: a) having completed twenty-one years at the date of issue of the licence; b) hold a student licence air traffic control; c) have completed a training plan of control approved by INAC, i. p., and obtained approval examinations or assessments, in accordance with the requirements set out in part B of annex II to this regulation; d) Possess a valid medical fitness certificate; and) Have demonstrated an adequate level of linguistic competence, in accordance with the requirements set out in annex III.

2-the license only produces its effects by including one or more qualifications, as well as the qualification of endorsements endorsements of supervisory body and language endorsements, for which training has been completed successfully. Article 14 The Qualifications of air traffic controller licences and air traffic control student must include at least one of the following qualifications: 18 a) ADV Qualification; b) Qualification ADI, which must be accompanied by at least one of the endorsements listed in qualification of paragraph 1 of article 15; c) Qualification APP; d) APS Qualification, which must be accompanied by at least one of the endorsements listed in qualification of paragraph 2 of article 15; and) ACP Qualification; f) ACS Qualification, which must be accompanied by at least one of the endorsements listed in qualification of paragraph 3 of article 15 article 15 1 qualifying Endorsements-ADI qualification must contain at least one of the following endorsements:) Endorsement TWR; b) GMC Endorsement; c) GMS Endorsement; d) Endorsement AIR; e) Endorsement RAD. 2-qualifying APS must contain at least one of the following endorsements:) Endorsement RAD; b) Endorsement pair; c) MRS. Endorsement; d) Endorsement ADS; e) Endorsement TCL. 3-the ACS qualification must contain at least one of the following endorsements: 19 a) Endorsement RAD; b) Endorsement ADS; c) Endorsement TCL; d) Endorsement OCN. 4-qualifying APP can contain the endorsement TCL. 5-the ACP qualification can contain one of the following endorsements: a) TCL Endorsement; b) Endorsement OCN. 6-without prejudice to the preceding paragraphs, can be provided in supplementary legislation, additional endorsements, taking into account the specific characteristics of the national air space traffic.

Article 16 language endorsements 1-air traffic controllers must demonstrate your ability to speak and understand English and Portuguese language to a satisfactory level. 2-the language competence of the air traffic controllers is classified according to the rating scale set out in annex III. 3-it is considered satisfactory the level 4 of the language proficiency rating scale set out in annex III, without prejudice to the next paragraph. 4-where, for reasons of security requirements, the operational circumstances of a given qualification or endorsement warrant a higher level may be required to the air traffic controller, with the permission of INAC, i. p., the level 5 rating scale of language competence set out in annex III. 5-the requirement provided for in the preceding paragraph must be objectively justified, non-discriminatory, proportionate and transparent. 20 6-When deemed necessary for safety reasons, the INAC, i. p. may impose local language requirements. 7-language competence is attested by a certificate issued after a transparent and objective assessment procedure approved by INAC, i. p.


Article 17 1 instructor Endorsements-the instructor endorsement shall in an air traffic controller license certifies that the holder of the licence is competent to supervise and provide training in a working position, in the areas covered by a valid qualification. 2-the applicant for an instructor endorsement shall complete cumulatively, the following requirements: a) Have provided air traffic control services, as defined in supplementary regulations; b) have successfully completed a course of training officer instructor in real traffic, approved by INAC, i. p., an organization certified training, during which they have been assessed through appropriate examinations, the required knowledge and pedagogical skills. 3-the period required in point (a)) of the preceding paragraph may be increased by INAC, I. P., taking into account the qualifications and endorsements for instruction. Article 18 Endorsements of the control unit endorsement shall certify that the holder of the licence is competent to exercise the functions of air traffic controller in certain sectors, groups of sectors or working positions under the responsibility of a unit of air traffic services. 21 CHAPTER IV training organizations article 19 requirements for the certification of training organizations 1-the provision of training for cadets of air traffic control and air traffic controllers, training organizations, including their evaluation processes is subject to certification of INAC, I. P. 2-training organizations whose main activity centre or headquarters is located in Portuguese territory exhibit at INAC , I. P their applications for certification.

3-certification of training organizations in compliance with the requirements laid down in point 1 of annex IV, which forms an integral part and which focus on: a) the technical and operational competence; (b)) the ability to organize training courses. 4-certificates may be issued for each type of training or in combination with other air navigation services, in which case the type of training and the type of air navigation service will be certified as a bundle of services. 5-training organisations certificates shall contain the particulars referred to in Point 2 of annex IV. Article 20 instruction Manual The training organizations must have an instruction manual, in accordance with the set in regulation.

22 article 21 individual training Records training organizations must keep records of the training provided.

Chapter V Vicissitudes of the licenses, qualifications, endorsements and certificates of training organisations section I Validity, revalidation and renewal article 22 Permits the effectiveness of air traffic controller licences is subject to the validity of at least one qualification and their endorsements.

Article 23 1-proficiency Evaluation to maintain valid qualifications and their endorsements, the air traffic controller must obtain positive results in the evaluation system provided for in the following paragraph. 2-the air navigation service provider shall maintain a system of evaluation, approved by INAC, i. p., through the implementation of procedures to ensure the continued proficiency of air traffic controllers and providing for the immediate suspension of your operating functions in case this is not the case. 3-the procedures referred to in the preceding paragraph shall specify in particular: (a)) the method by which the air traffic controllers are evaluated; (b)) the objectives to be achieved; 23 c) the person or persons responsible for the conduct of the evaluation process; d) the formal mechanism by which the air navigation service provider shall notify the air traffic controller and the INAC, i. p. the result of the assessment of proficiency; and registration of) the method for evaluation data; f) training plan suitable for the recovery of proficiency. 4-whenever the proficiency, skills and requirements to the holder of a license, qualification and endorsement are no longer match, because of subsequent amendments, to which motivated the issuing thereof shall be notified thereof by INAC, i. p.

Article 24 Revalidation of qualifications and endorsements 1-revalidation of qualifications and endorsements is the responsibility of the examiners, who must verify that the air traffic controller has complied, in the period of validity of the qualification and the endorsement, the requirements for the maintenance of your validity. 2-must be kept up-to-date records of all of the revalidations made, and INAC, i. p. be notified of same.

Article 25 qualifications and endorsements 1-qualifying the validity of qualifications are subject to the validity of at least one of their endorsements. 2-the holder of a qualification or endorsement of qualification that has not provided air traffic control services associated with this qualification or endorsement of qualification for a period of four consecutive years can only 24 start a training control in this qualification or endorsement of qualification after having assessed , accordingly, continues to meet the requirements of this qualification or endorsement of qualification and after satisfying the training requirements that result from this assessment.

Article 26 language endorsements 1-the language competence of the holder of the licence is subject to a periodic official assessment, according to the rating scale set out in annex III. 2-exceptions to the provisions of the preceding paragraph the licence holders who have demonstrated proficiency level 6 possess, in accordance with the scale referred to in the preceding paragraph. 3-the frequency of the reviews provided for in paragraph 1 of this article shall be established as follows: a) up to three years for applicants who demonstrate proficiency level 4 have, according to the rating scale referred to in paragraph 1; b) maximum of six years for applicants who demonstrate proficiency level 5 possess, according to that classification scale.


Article 27 instructor Endorsements endorsements of instructor are valid for a period of three years, renewable for an equal period. Article 28 Endorsements of control unit 1-The unit endorsements shall be valid for an initial period of twelve months. 25 2-the period of validity referred to in the preceding paragraph is successively renewable for periods of twelve months, since the air navigation service provider demonstrates that: the) licensee held the year before, the privileges of the licence for the minimum number of hours indicated in the competence of the supervisory body concerned; b) the competence of the holder of the permit to operate has been evaluated in accordance with the rules laid down in part C of Annex II; and c) licensee has a valid certificate of medical fitness. 3-For the instructors responsible for the training in real traffic, can be reduced to the minimum number of hours of work required to maintain the validity of the endorsement, with the permission of INAC, i. p., in proportion to the time spent with the cadets on the working positions for which the extension referred to in the preceding paragraph has been requested without counting the instructional tasks. 4-When ceases the validity of an endorsement of supervisory body, the same can only be revalidated after successfully completion of a training plan. Article 29 Examiners and assessors of competencies to approval by INAC, i. p., license holders entitled to exercise functions of examiners and competence assessors for unit training and continuing training is valid for a period of three years, renewable for an equal period. Article 30 medical aptitude Certificate 1-the pursuit of the activity of air traffic controller and student licence air traffic control is conditioned to the validity of the medical certificate of aptitude. 2-the medical fitness certificate is valid from the date of the medical exam: 26 a) For a period of 24 months, for air traffic controllers and cadets of air traffic control, until the age of 40 years; b) for a period of twelve months, after this age. 3-whenever the requirements to the holder of a medical certificate of fitness no longer match, because of subsequent amendments, to which motivated the issuing thereof shall be notified thereof by INAC, i. p.

Article 31 Certificates 1-training organisations training organisations certificates are valid for a period of three years, renewable for an equal period. 2-INAC, i. p. may reduce the duration of the validity of the certificate of training organizations, referred to in the preceding paragraph, if, after an inspection or audit the training organization to verify that the requirements for maintenance of certification are not being fulfilled, affecting levels of quality or safety. 3-whenever the requirements an organization holding a training certificate no longer matches, because of subsequent amendments, to which motivated the issuing thereof shall be notified thereof by INAC, i. p. Article 32 Renewal of qualifications and endorsements 1-the holders of qualifications and endorsements which have expired for less than five years may apply to the INAC , I. P. the issue of new qualifications and endorsements, if that plan were tested training appropriate, approved by INAC, I. P., under the supervision of an instructor. 2-holders of qualifications and endorsements that have lapsed for more than five years can apply to INAC, i. p. the issuance of new qualifications and endorsements, if they shall attest that meet all requirements for your issue. 27 SECTION II Limitation and suspension article 33 limitation of licenses, qualifications, endorsements and certificates of training organisations 1-without prejudice to the application of provisions on matters of administrative offences, whenever the INAC, i. p. detecting any non-compliance with the rules of this Act, notify the air navigation service provider and the holder of the license, qualification, endorsement or certificate of training organisation concerned to within the period determined by you, your correction. 2-depending on the seriousness and the number of detected non-conformity, the INAC, i. p. may limit or suspend the license, qualification, endorsement or certificate of training organization, upon justification. 3-the limitations determined by INAC, i. p. on the exercise of the responsibilities of the holders of licenses, qualifications, endorsements or certificates of training organization, referred to in this law, are recorded.

Article 34 suspension of the licence in case of loss of physical or mental conditions When, by application of the procedures set out in paragraph 2 of article 11, it is found that an air traffic controller or a student licence air traffic control is not in physical or mental conditions to perform their duties safely, operating the air navigation service provider notifies the INAC , I. p., which immediately suspended its licence, until it is proved that air traffic controller is again able to perform their duties safely.

28 article 35 suspension of functions in the event of an incident or accident 1-air traffic controllers involved in an incident or accident, are immediately suspended the performance of his duties in positions of control by the provider of services, in terms that are established according to the provisions of paragraph 3. 2-whenever an incident or accident involves an air traffic controller, the entity responsible for the investigation shall notify the INAC, i. p. of its conclusions. 3-the air navigation service provider shall have procedures, approved by INAC, i. p., governing the provisions of this article.

Article 36 1 proficiency Loss-If the air traffic controller does not comply with the requirements of maintaining the validity of qualifications and endorsements in terms of proficiency, the air navigation service provider shall notify immediately the INAC, i. p. thereof. 2-in the situation provided for in the preceding paragraph, the INAC, i. p. suspends the qualification and the endorsement in question, until the air traffic controller regain proficiency, in accordance with article 23 SECTION III Cancellation


Article 37 Cancellation of qualifications and endorsements the INAC, i. p. can cancel qualifications and endorsements, in case of default by your holder, of the obligations laid down in this law. 29 Article 38 License Cancellation The air traffic controller licences and air traffic control student licence can be cancelled, by INAC, i. p., always occurring cases of proven gross negligence or abuse of rights on the part of your holder.

Article 39 medical Certificates of fitness the medical certificate of aptitude can be cancelled at any time if the holder's State of health so requires.

Article 40 training organisations Certified 1-INAC, i. p. controls the compliance with the requirements and conditions associated with the certificates of training organizations for you issued. 2-If you notice that a training organization certificate holder no longer meets the requirements or conditions referred to in the preceding paragraph, the INAC, i. p. may cancel this certificate. 3-CHAPTER VI Supervision, monitoring and sanctions article 41 Supervisory regime and supervision on the quality of the national supervisory authority, it is up to INAC, i. p. supervise and monitor compliance with this law.

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Article 42 administrative offences 1-for the purposes of the application of the system of civil aviation offences, approved by Decree-Law No. 10/2004 of 9 January, constitute very serious breaches: a) the Office of air traffic controller who is not the holder of a student licence air traffic control or air traffic controller licence in violation of the provisions of paragraph 1 of article 8; b) Employ or have on your service persons exercising the functions of student air traffic control or air traffic controller being licensees for this purpose, in violation of the provisions of paragraph 1 of article 8; c) the activity created by a student licence air traffic control or air traffic controller beyond the limits of qualifications or of her recorded endorsements, in violation of article 9; d) Employ or have on your service persons exercising the competencies of student air traffic control or air traffic controller beyond the limits of qualifications or of registered in their endorsements, in violation of article 9; and) the exercise of operational functions of student air traffic control or air traffic controller with knowledge of any situation which causes the decrease of your fitness, mental and physical, or under the influence of any psychoactive substance or medicines which might affect your ability to exercise properly, contrary to the provisions of paragraph 1 of article 11; f) Employ or have on your service people who perform the operational functions of student air traffic control or air traffic controller, in violation of the provisions of paragraph 1 of article 11; 31 g) the exercise of functions of air traffic controller by the holder of a student licence air traffic control without the supervision of an instructor training in real traffic, in violation of paragraph 3 of article 12; h) Have to service your persons exercising the functions of student air traffic control without the supervision of an instructor responsible for on-the-job training, in violation of paragraph 3 of article 12; I) the provision of training for cadets of air traffic control and air traffic controllers, including their evaluation processes, training organizations certified by INAC, i. p., in violation of the provisions of paragraph 1 of article 19; j) issuing statements or other false documents, or falsification of records of training or tests carried out by training organisations; l) Allow the continuation of the performance of the functions of air traffic controller by holders of air traffic controller licences when they obtain negative results in proficiency assessment provided for in article 23; m) Providing false statements or presenting false documents for the issuance, amendment, renewal or renewal of licenses, qualifications, endorsements, medical certificates of fitness or certificates of training organizations; n) Falsify, introduce changes or additions on the licenses, qualifications, endorsements, medical certificates of fitness or certificates of training organizations; the) the exercise of air traffic controller functions for holders of licenses, qualifications or endorsements suspended in violation of that suspension; p) the exercise of air traffic controller functions for holders of qualifications or canceled endorsements, in violation of article 37; q) the exercise of functions of air traffic controller by holders of licences or certificates cancelled fitness doctors; 32 r) the provision of training for cadets of air traffic control and air traffic controllers, including their evaluation processes, training organizations whose certificates are cancelled, in violation of the provisions of paragraph 2 of article 40 2-for the purposes of the application of the system of civil aviation offences, approved by Decree-Law No. 10/2004 , of 9 January, constitute serious offenses: a) the refusal to provide to INAC, i. p., upon your request, the records of hours actually worked in the sectors, groups of sectors or working positions for every licence holder working in that organ, in violation of the provisions of paragraph 2 of article 6; b) the lack of procedures, as well as of your application, to monitor the use of psychoactive substances and medicines by the cadets of air traffic control and air traffic controllers to your service, in violation of paragraph 2 of article 11; c) does not maintain a system of evaluation, in accordance with article 23; d) the exercise of air traffic controller functions for holders of licenses, qualifications or endorsements when the proficiency, skills and your requirements to the holder no longer match, because of subsequent amendments, to which motivated the respective issue without having been notified of such fact to the INAC, i. p., in violation of the provisions of paragraph 4 of article 23; and) the exercise of air traffic controller functions for holders of medical certificates of fitness when the ability and requirements to your holder no longer match, because of subsequent amendments, to which motivated the respective issue without having been notified of such fact to the INAC, i. p., in violation of paragraph 3 of article 30;


33 f) the provision of training for cadets of air traffic control and air traffic controllers, including their evaluation processes, training organizations whose certificates are not valid, contrary to the provisions of paragraphs 1 and 2 of article 31; g) the provision of training for cadets of air traffic control and air traffic controllers, including their evaluation processes, by training organisations certified when the requirements are no longer match, because of subsequent amendments, to which motivated the respective issue without having been notified of such fact to the INAC, i. p., in violation of the provisions of paragraph 3 of article 31; h) the exercise of functions of air traffic controller licence holders, whose qualifications, endorsements or medical fitness certificates are not valid; I) the exercise of air traffic controller functions for holders of licenses, qualifications or endorsements in which have been introduced limitations, in violation of article 33; j) the provision of training for cadets of air traffic control and air traffic controllers, including their evaluation processes, training organizations whose certificates have been subject to limitations, in violation of article 33; l) lack the procedures referred to in paragraph 3 of article 35 3-for the purposes of the application of the system of civil aviation offences, approved by Decree-Law No. 10/2004 of 9 January, constitute light offenses: a) the lack of maintenance for a period of at least three years, records of hours actually worked in the sectors, groups of sectors or working positions for every licence holder working in a supervisory body of air traffic services in violation of the provisions of paragraph 3 of article 6;

34 b) the exercise of air traffic controller functions for holders of licenses, qualifications, endorsements or medical certificates of fitness in a poor state of conservation, in order to make unreadable any of its elements; c) the lack of maintenance of individual records of the training provided, in violation of article 21; (d)) the provision of training for cadets of air traffic control and air traffic controllers, including their evaluation processes, training organizations whose certificates are in a poor state of conservation, in order to make unreadable any of its elements; and) the lack of maintenance of up-to-date records of all of the revalidations carried out in violation of the provisions of paragraph 2 of article 24; f) the lack of notification of INAC, i. p., pursuant to paragraph 2 of article 24; g) the lack of notification of INAC, i. p., in accordance with article 34; h) the lack of notification of INAC, i. p., pursuant to paragraph 2 of article 35; I) the lack of notification of INAC, i. p., pursuant to paragraph 1 of article 36 Article 43 processing of contravention the INAC, i. p., pursuant to Decree-Law No. 145/2007, of 27 April, establish and instruct a misdemeanour procedures relating to offences referred to in this law, as well as carry out the implementation of the respective fines and penalties that there is place. Article 44 penalties 1-INAC, i. p. may, in accordance with section II of Chapter II of Decree-Law No. 10/2004 of 9 January and with article 21 of the General system of administrative offences, approved by Decree-Law No. 433/82 of 27 October, with version 35 given by Decree-Law No. 244/95 , of 1 September and by law No. 109/2001, of 24 December, determine the application of the accessory sanction suspension of license, qualification, endorsement or certificate of organising training, for a period not exceeding two years, simultaneously with the application of the fine corresponding to the offences provided for in paragraph 1 of article 42 2-the punishment for a misdemeanour may be publicized laid down in article 13 of Decree-Law No. 10/2004 of 9 January.

CHAPTER VII transitional and final provisions article 45 1-Fees for issuing, reissuing, revalidation and renewal of licenses, qualifications, endorsements and certificates of training organizations for the cadets of air traffic control, air traffic controllers and the training organizations are appropriate rates. 2-implementing rules and the amounts of the fees referred to in the preceding paragraph shall be fixed by order of the Minister responsible for civil aviation sector. 3-the fees provided for in paragraph 1 are collected by INAC, i. p. and constitute own resources of this Institute, pursuant to Decree-Law No. 145/2007, of 27 April.


Article 46 licenses, qualifications and endorsements issued by supervisory authorities of other countries of the European Union 1-licenses, qualifications and endorsements issued by the supervisory authorities of other countries of the European Union, in accordance with the provisions of this law, 36 are valid in Portugal, since these countries, conversely, consider valid the said securities issued by INAC, I. P. 2-training and evaluations of training organisations certified by the supervisory authorities of other countries in the European Union, in accordance with the provisions of this law, are considered valid in Portugal, for the purpose of issue of licences, ratings and endorsements. 3-to grant a unit endorsement shall, an air traffic controller whose license was issued by the supervisory authority of another country of the European Union, the INAC, i. p. shall require the applicant to satisfy the particular conditions associated with this endorsement, specifying: a) the control unit; b) sector or working position. 4-for the purposes of the preceding paragraph, to establish the unit training plan, training organization certified by INAC, i. p. shall take into account: a) The competences acquired by the candidate; b) experience. 5-the INAC, i. p. must approve the training plan of control of what is in the proposed training for the candidate, until six weeks after the submission of the documentation, without prejudice to delays resulting from resources eventually brought. 6-the decision of approval referred to in the preceding paragraph must be grounded. 7-where the holder of a license issued by a supervisory authority of another country of the European Union exercises the privileges conferred by this license, in Portugal, has the right to swap your license by another issued by INAC, i. p., without any additional conditions are imposed.

37 8-decisions of the INAC, i. p. taken under the provisions of this article shall ensure respect for the principles of non-discrimination and proportionality.

Article 47 licenses, qualifications and endorsements issued by supervisory authorities of non-member countries of the European Union 1-licenses, qualifications and endorsements issued by the supervisory authorities of non-member countries of the European Union are valid in Portugal where they have adopted fully the terms and conditions laid down by EUROCONTROL, contained in the ESARR 5, and since these countries , conversely, consider the listed securities issued by INAC, I. P. 2-licenses, qualifications and endorsements issued by the supervisory authorities from countries not covered by the preceding paragraph can be converted by INAC, i. p. on licenses, qualifications and endorsements, on request of your holder, provided that:) there is an agreement between INAC, i. p. and issuing aeronautical authority established on the basis of reciprocity of acceptance; and b) ensure an equivalent level of safety requirements required in Portugal and those required in the country concerned. 3-training and evaluations of training organisations certified by the supervisory authorities of non-member countries of the European Union, shall be valid only in Portugal, for the purpose of issue of licences, ratings and endorsements, after approval of the INAC, i. p.

Article 48 transitional provisions 1-licenses, as well as the certificate of medical fitness that accompany them, the qualifications, endorsements and certificates valid training organisations to 38 date of entry into force of this law remain valid according to the framework, qualifications and any limitations with which were issued and provided that it has been complied with the standards applicable at the time of your issue until your renewal, renewal or conversion, to which they apply the rules laid down in this law. 2-license holders, as well as medical fitness certificates that accompany them, qualifications, endorsements or certificates of training organizations that are not valid at the date of entry into force of this decree-law have the duration of one year, calculated from the same date, to apply for your renewal. 3-the training commenced before the entry into force of this regulation, in accordance with the requirements applicable on the date of your first, is valid for the issue of licences, ratings and endorsements referred to in this law, provided that such training and their evidence be completed three years after the date of entry into force of this law.

Article 49 entry into force this law shall enter into force on the day following your publication. Seen and approved by the Council of Ministers of 24 April 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency 39 Annex I specifications for licences licences issued in accordance with this law shall comply with the following specifications: 1. Elements 1.1. The permit shall contain the following elements, and the points marked with an asterisk be translated into English:) * identification of INAC, i. p. (in black); b) * Title of licence (in bold type well seconded); c) serial number of the licence, in Arabic numerals, given by INAC, i. p.; d) full name of the holder (in Latin); e) date of birth; f) nationality of the holder; g) signature of the holder; h) Certification concerning validity and authorisation to exercise, by the owner, the appropriate privileges to the licence, indicating: i) the qualifications, endorsements, language endorsements, instructor endorsements and unit endorsements; II) the dates on which they were granted for the first time; III) expiry dates thereof i) signature of the representative of the competent authority for the issuance of the license and date of issue; j) stamp or seal of the INAC, i. p. 40 1.2. The license must be accompanied by a valid certificate of medical fitness. 2. Material should be used first quality paper or other suitable material, on which the elements referred to in point 1 are clearly visible. 3.3.1 Color. Given that aviation-related licences issued by INAC, i. p. have the distinctive color tags, the color of the air traffic controller licence must be yellow.

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ANNEX II training Requirements part A initial training Requirements for air traffic controllers the initial training must ensure that student air traffic controllers satisfy at least the objectives of basic education and training for the qualification, described on 10.12.2004 edition of Guidelines for Air Traffic Controller Common Core Content Initial Training (guidance on the Essential Content of initial training of air traffic controllers) EUROCONTROL, so that air traffic controllers can handle traffic securely, quickly and efficiently. The initial training shall cover the following subjects: air law, air traffic management, including procedures for Civil-military co-operation, meteorology, navigation, aircraft and principles of Flight, including an understanding between air traffic controller and pilot, human factors, equipment and systems, professional environment, safety and safety culture, Safety Management Systems, Unusual Situations of emergency, Degraded Systems and linguistic knowledge , including radiotelephony phraseology. The subjects must be taught in order to prepare the candidates for the different types of air traffic services and highlight safety aspects. Initial training should consist of theoretical and practical courses, including simulation, and your length will be determined in the approved initial training plans.

Skills acquired must ensure that the candidate is considered competent to deal with complex situations and high traffic density, facilitating the transition to unit training. 42 the competence of the candidate after initial training shall be assessed through appropriate examinations or a system of continuous assessment.

PART B requirements for the training of air traffic controllers control The training plans of control must specify the processes and timing required to allow the application of local control procedures under the supervision of an instructor training in real traffic. The approved plan shall indicate all the elements of the competence assessment system, including the Organization of work, the evaluation and examination of progress, as well as notification procedures to INAC, i. p. The training may contain certain elements of specific initial training of national conditions. The duration of the training shall be given in the respective training plan. The skills required must be assessed through appropriate examinations or a system of continuous assessment, by approved competence examiners or assessors with, which should be neutral and objective in your assessment.

PART C requirements for continuous training of air traffic controllers the validity of qualifications and unit endorsements in the licensing of air traffic controllers must be maintained through continuous training approved, which will consist of upgrading courses, training to 43 emergencies and, if necessary, language training, to keep the skills of air traffic controllers. The training consists of theoretical and practical courses with simulation. To this end, the training organization shall establish plans to control skills, specifying the processes, human resources and timetable necessary to ensure appropriate and continuous training demonstrate the competence of involved. These plans must be reviewed and approved at least every three years. The duration of training should be decided in the light of the functional needs of the air traffic controllers working unit, particularly if you have been or if any change of procedures or plan equipment, or in the light of the General requirements relating to safety management. The competence of each air traffic controller must be properly evaluated at least every three years. The air navigation service provider must ensure that they are implemented mechanisms to ensure the fair treatment of licence holders who have endorsements whose validity cannot be extended.

44 ANNEX III requirements of language competence language competence requirements are applicable to the use of phraseology and the use of the current language. To prove that it meets the requirements of language competence, the applicant or the holder of a licence shall be evaluated and demonstrate corresponding skills at least at the operational level (level 4) of the language proficiency scale set out in this annex. To be considered linguistically competent, interested parties should be able to: 1. Communicate effectively: a) In face-to-face communication to writing not — lead vocals (telephone or radio); b) In face-to-face situations — face to face. 2. Communicate about current themes, and professionals with precision and clarity. 3. Use appropriate communication strategies to exchange messages and to recognise or resolve misunderstandings (e.g. to check, confirm or clarify information) in a general or professional context. 4. Solve and respond with relative ease the linguistic challenges presented by complications or unforeseen situations that have arisen in the context of a routine work situation or task that is normally familiar. 5. Use a dialect or accent intelligible to the aeronautical community.


Grading scale of language competence 1. Level 1 (pre-elemental) 1.1. Pronunciation (Use a dialect or accent intelligible to the aeronautical community 45): language utilization below the elementary level. 1.2. structure (The grammatical structures and syntactic patterns are determined by language functions appropriate to the task): language utilization below the elementary level. 1.3. Vocabulary: language utilization below the elementary level. 1.4. Fluency: language utilization below the elementary level. 1.5. Understanding: language utilization below the elementary level. 1.6. Interaction: language utilization below the elementary level. 2.2 Level (Elementary) 2.1. Pronunciation (Use a dialect or accent intelligible to the aeronautical community): pronunciation, stress, rhythm and intonation are heavily influenced by the first language or regional variation and usually impede understanding. 2.2. structure (The grammatical structures and syntactic patterns are determined by language functions appropriate to the task): shows only a small domain of some grammatical structures and syntactic patterns of simple sentences and memorized. 2.3. Vocabulary: Vocabulary limited, consisting only of isolated words and memorized phrases. 2.4. Fluency: able to produce very short segments, isolated and stored with frequent pauses and uses of annoying catch phrases to search way expressions and to articulate less familiar words. 2.5. Understanding: understanding is limited to isolated and expressions memorized when carefully and slowly articulated. 2.6. Interaction: the response time is slow and often inappropriate. The interaction is limited to simple dialogs. 3. level 3 (pre-operational) 46 3.1. Pronunciation (Use a dialect or accent intelligible to the aeronautical community): pronunciation, stress, rhythm and intonation are influenced by the first language or regional variation and frequently hamper understanding. 3.2. structure (The grammatical structures and syntactic patterns are determined by language functions appropriate to the task): imperfect Domain of grammatical structures and patterns of basic phrases in foreseeable situations. The errors often affect the sense. 3.3. Vocabulary: the range and precision of vocabulary are often sufficient to communicate about current topics, concrete or professionals, but the vocabulary is limited and the choice of words often incorrect. Often unable to resort to correct in the absence of paraphrases vocabulary. 3.4. Fluency: able to produce set out, in the structures of the sentences and the pauses are often inadequate. The hesitations or slowness in language processing may prevent effective communication. The use of linguistic fillers is sometimes a factor of distraction. 3.5. Understanding: understanding is often correct in current themes, concrete and professionals when the accent or variety used is sufficiently intelligible speech for an international user community. May show difficulties in understanding language or circumstantial complicated situations or unexpected change of events.

3.6. Interaction: the answers are sometimes immediate, appropriate and informative. Able to initiate and maintain dialogue with reasonable ease on familiar topics and predictable situations. Reply generally inadequate in the face of unforeseen changes. 4.4 Level (operational) 4.1. Pronunciation (Use a dialect or accent intelligible to the aeronautical community): pronunciation, stress, rhythm and intonation are influenced by the first language or 47 for a regional variant, but only sometimes hinder understanding. 4.2. structure (The grammatical structures and syntactic patterns are determined by language functions appropriate to the task): grammatical structures and basic syntactic patterns are used with creativity and usually well dominated. Errors may occur, especially in exceptional or unforeseen circumstances, but rarely interfere with meaning. 4.3. Vocabulary: the range and precision of vocabulary are sufficient to communicate effectively on topics, concrete and current professionals. Able often to use successfully paraphrases, in lack of vocabulary, in exceptional or unforeseen circumstances. 4.4. Fluency: able to produce at a rate appropriate statements. Fluency breaks may occur in changing a speech planned or with known expressions for a spontaneous interaction, but without that prevent effective communication. Uses a limited mode markers or articulators of the speech. The use of drones is not linguistic factor of distraction.


4.5. Understanding: understanding is usually correct in current themes, concrete and professionals when the accent or variety used is sufficiently intelligible speech for an international user community. When the speaker finds himself confronted with a linguistic or situational complex situation or an unexpected change in the course of events, the understanding can be slower or require clarification strategies. 4.6. Interaction: the answers are usually immediate, appropriate and informative. Initiates and maintains the dialogue even when dealing with a sudden change in the course of events. Read conveniently with apparent misunderstandings trying to check, confirm or clarify the intention. 5. level 5 (Advanced) 5.1. Pronunciation (Use a dialect or accent intelligible to the aeronautical community 48): pronunciation, stress, rhythm and intonation, though possibly influenced by the first language or regional variation, rarely hamper understanding. 5.2. structure (The grammatical structures and syntactic patterns are determined by language functions appropriate to the task): good command of basic grammatical structures and systematic complex syntactic patterns. Attempts to complex structures, but makes mistakes that sometimes damage the sense. 5.3. Vocabulary: the range and precision of vocabulary are sufficient to communicate effectively on topics, concrete and current professionals. Systematic and proper resource to paraphrases. The vocabulary is sometimes idiomatic. 5.4. Fluency: capable of maintaining prolonged conversations with relative ease on familiar topics, but unable to vary the flow of the speech as a stylistic tool. Able to properly use markers and articulators of the speech.

5.5. Understanding: Understanding current issues correctly and generally correct and professional when the speaker finds himself confronted with a linguistic or situational complex situation or an unforeseen change in the course of events. Able to understand a series of speech varieties (dialects or accents) or records. 5.6. Interaction: The responses are immediate, appropriate, and informative. Manages effectively the speaker/listener relationship. 6. level 6 (upper) 6.1. Pronunciation (Use a dialect or accent intelligible to the aeronautical community): pronunciation, stress, rhythm and intonation, though possibly influenced by the first language or regional variation, almost never hinder understanding. 6.2. structure (The grammatical structures and syntactic patterns are determined by language functions appropriate to the task): good command of basic grammatical structures and systematic complex syntactic patterns. 6.3 49. Vocabulary: the range and precision of vocabulary are sufficient to communicate effectively on a wide range of subjects familiar and unfamiliar. The vocabulary is idiomatic, varied and adaptable to the registration. 6.4. Fluency: capable of maintaining prolonged conversations with naturally and effortlessly. Varies speech flow for stylistic effects, for example, to accentuate a particular argument. Uses spontaneously markers and articulators of speech. 6.5. correct and systematic Understanding understanding: in almost all contexts, including the language and cultural nuances. 6.6. Interaction: Interact with ease in nearly all situations. Is sensitive to verbal and non verbal cues and respond to them appropriately. 50 ANNEX IV requirements for associate certificates granted to training organisations 1. It must be proven that training organizations offer personnel and suitable equipment and work in an environment suitable for the provision of the necessary training to obtain or maintain student licenses of air traffic control and air traffic controller licences. The training organizations must, in particular: (a)) have an effective management structure and personnel in sufficient quantity and with appropriate skills and experience to dispense training consistent with the standards established in this Act; b) have facilities, equipment and accommodation appropriate for the type of training to be conducted; c) Reveal the methodology used to establish the details of the content, organisation and duration of training courses, unit training plans for monitoring and competency systems for control bodies, which should include the Organization of examinations or evaluations. The qualifications of Examiners shall be indicated in detail with regard to examinations related to initial training, including training in Simulator; d) Provide proof of the existence of the quality management system to monitor compliance with and adequacy of the systems and processes that ensure that the training services provided satisfy the standards set out in this Act;

e) demonstrate the existence both of financing sufficient to conduct the training in accordance with the rules laid down in this law as sufficient insurance to cover the risks of the activities, according to the nature of the training dispensed. 51 2. Certificates shall: a) Mention the supervisory authority issuing the certificate; b) include the name and address of the candidate training organization; c) indicate the type of certificate services; d) Contain a statement that the candidate training organisation meets the requirements set out in point 1; e) Mention the date of issue and the period of validity of the certificate.