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PROPOSED LAW NO. 198 /X

Exhibition of Motives

The harmonized regulatory framework at the community level, for the creation of Single Sky

European, it has as main objectives: the strengthening of the current standards of security and the

overall effectiveness of general air traffic in Europe, the optimization of space capacity

air that responds to the needs of all its users and the minimization of the

delays.

In this way and to ensure the uniformity of standards and procedures, they have been adopted

the regulatory specifications on safety emanating from the European Organization

for the Safety of Air Navigation ( EUROCONTROL Safety Regulatory Requirement ,

abbreviately designated by ESARR's), created by the International Convention of

Cooperation for the Safety of Air Navigation of December 13, 1960, to which

Portugal has also joined and that it is a part of.

So and in the adoption of these regulatory specifications on safety, they were,

naturally also adopted provisions on the licensing of the

air traffic controllers, specifically provided for in the regulatory specification No. 5

(ESARR 5).

Thus, the implementation of the Single European Sky legislation comes to require, in this way, the

establishment of more detailed legislation, particularly in licensing matters

of air traffic controllers, with a view to ensuring the highest levels of

responsibility and competence, increase the number of air controllers and promote the

mutual recognition of licences, as provided for in Article 5 of the Regulation (EC)

n 550/2004 of the European Parliament and of the Council of March 10, 2004 on the

provision of air navigation services in the single European sky, proceeding

simultaneously the goal of globally increasing the safety of air traffic and the

competence of professionals in the sector.

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The introduction of a community licence is a means of recognizing the role

specific played by controllers in the safety of air traffic control.

Effectively, the provision of air navigation services requires personnel with a degree of

high qualification, the competence of which can be demonstrated by various means.

Community licence constitutes a kind of diploma from each traffic controller

air, whose recognition across the entire Community increases not only freedom of

circulation as also the number of air traffic controllers. It is confirmed, thus,

of this mode, the already long jurisprudence of the Court of Justice of the European Communities

in the area of mutual recognition of diplomas and freedom of movement of the

workers.

In addition to this, the establishment of harmonized standards among all states-

Members reduces fragmentation in this domain, making the organization more efficient

work in the framework of a growing regional collaboration between service providers

of air navigation.

In this way and on the basis of these assumptions, having underlying as major

concerns the increase in safety levels and the improvement of the functioning of the

community air traffic control system, was published the Directive n.

2006 /23/CE of the European Parliament and of the Council of April 5, 2006 on the

community air traffic controller licence, the transposition of which operates through the

present diploma, constituting this Directive and the respective transposition to the

national legal ordinances of the various Member States, an essential part of

legislation on the Single European Sky.

Naturally you want the community-level regulation that you ora transpose yourself, want the

present diploma that transposes you, are based not only on regulatory specifications

on safety of EUROCONTROL, but also in international standards already

existing, emanating from the International Civil Aviation Organization (OACI), organization

international created under the terms of the Convention on International Civil Aviation, signed

in Chicago, on December 7, 1944, approved by the Portuguese state through the

Decree-Law No. 36158, of February 17, 1947 and ratified on April 28, 1948, which

has adopted provisions on the licensing of air traffic controllers,

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constants of Annex I to the said Convention.

The particular characteristics of community air traffic require the creation and application

effective uniform standards of competence for controllers employed by

air navigation service providers that deal mainly with air traffic

general.

In addition to this, the present diploma also applies to the control and control instructions of

air traffic and air traffic controllers to carry out their duties under the

liability of air navigation service providers who offer their

services mainly for movements of aircraft that do not include in that of traffic

general air.

The National Institute of Civil Aviation, I. P. is, under the terms of the paragraph b) of Article 3 (4)

of its Organic Law, approved by the Decree-Law No. 145/2007 of April 27, the Authority

National supervisor for the purposes of the Directive which is now transposing and still to

effects of the provisions of Regulation (EC) No 549/2004 of the European Parliament and of the

Council, of March 10, 2004, which sets the framework for the realization of the single sky

European.

It should thus the National Institute of Civil Aviation, I. P. assess the competence of the

air traffic controllers when issuing their respective licences or by prolonging the validity

of the averbings, as well as supervise and ensure compliance with the provisions

constants of this diploma, above all, in what concerne the maintenance of the most

high level of safety and the fulfilment of the requirements in respect of qualification,

competence and access to the profession of air traffic controller, so that the

exercise of air traffic controller functions is carried out in a safe manner and

with high quality.

Regarding the subject matter of incidents and accidents is commonly accepted that the communication

plays a significant role, therefore OACI has adopted requirements in

matter of language knowledge, which develop in this diploma as

how to comply with these internationally accepted standards.

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They are still stipulated, initial training and operational training requirements in the organ of

control, with a view to ensuring high levels of competence, not by ignoring the

necessary medical requirements.

It is also established the recognition, in Portugal, of licences, qualifications and

averages issued either in the member countries of the European Union, or in the countries

members of EUROCONTROL, on the basis of the principle of reciprocity.

In the matter of training organizations, the respective certification was understood

constitutes one of the essential factors contributing, not only to the quality of the training

in itself, as also for the safety itself in general.

They are still typified by the illicit of mere social ordinance established in function of the

interests to tutelar and specific objectionability of the same.

The present diploma has been subject to public appreciation, upon publication in the separata

n. ______ of the Journal of the Assembly of the Republic , from ______ of ______ of ______.

The trade union and operators ' associations of the sector and the National Commission were heard

of Data Protection.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

CHAPTER I

General provisions

Article 1.

Object and scope of application

1-A This Law transposes to the domestic legal order the Directive No 2006 /23/CE of the

European Parliament and of the Council of April 5, 2006 on leave

community of air traffic controller.

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2-A This Law applies to air traffic controllers and to the instructs of

control of air traffic carrying out their duties under the responsibility of

air navigation service providers, mainly intended for the

aircraft movements of general air traffic and the certification of their respective

training organizations.

3-A This Act does not apply to air traffic control services, regular or

planned, which are provided to general air traffic, under the responsibility of

air navigation service providers who provide services mainly

intended for the movements of aircraft other than those of general air traffic, without

A detriment to them being provided with a level of safety and quality

equivalent to the level resulting from the application of the provisions in it.

4-Compete to the National Institute of Civil Aviation, I. P., as an Authority

National supervisor, ensuring compliance with the level of safety and quality

predicted in the previous number.

Article 2.

Definitions

For the purposes of this Law shall be understood by:

a) "Instructor Averaging", the authorization entered in a permit and that it is a part of

member, who attests to the competence of the respective holder to provide training

in real traffic situation, in the quality of instructor;

b) "Linguistic Averaging", the authorisation entered in a licence and that it is a part of

member, who attests to the linguistic competence of the respective holder;

c) "Control-body averaging", the authorisation entered in a licence and that of it

it forms an integral part, which designates the OACI site indicator and sectors or

work positions in which the respective holder is entitled to work;

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d) "Qualification Averaging", the authorisation entered on a permit and that it does

an integral part, which indicates the specific conditions, privileges, or restrictions

arising from the said qualification;

e) "Training", set of all the theoretical courses, practical exercises, including

simulation, and training in real traffic, necessary to acquire and maintain the

specific skills to provide air traffic control services,

encompassing the initial training, operational training in the control body, the

continuous training, the training of instructors for training in real traffic and the

training of examiners or evaluators;

f) "Continuous training", the training that is intended for the maintenance of the validity of the

averbings of the license;

g) "Initial training", the basic training and the achievement of the qualification, which is intended for

obtaining an air traffic control instructor licence;

h) "Training of instructors for training in real traffic", the training that if

is intended for the achievement of the averaging of instructor;

i) "Operational training in the control body", the training comprising a

transition phase with simulated traffic and a phase with real traffic and which is intended

to obtain an air traffic controller licence;

j) "OACI Location Indicator", four-letter code formulated according to the

rules prescribed by OACI in your manual DOC 7910 and assigned to the place of a

fixed aeronautical station;

l) "License", the title issued under the terms of this diploma, which allows your

holder to provide air traffic control services, according to the

qualifications and the averbings of it constant;

m) "Organization of formation", the organization certified by the National Institute of

Civil Aviation, I. P. in the quality of National Supervisor Authority, which if

is intended to provide one or more types of training;

n) "Air Traffic service control body", the service unit of a

provider of air navigation services;

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o) "Control body competence plan", the plan indicating the method through

of which the control body maintains the competence of the licence holders that the

integrate;

p) "Operational training plan in the control body", the plan indicating

detail the processes and the timetable required to authorize the

application, at the local level, of the procedures of the control body, under the supervision

of an instructor in charge of training in real traffic;

q) "Air Navigation Service Providers", public or private entities that

preshas air navigation services to general air traffic;

r) "Qualification", authorisation entered in the licence and which it is an integral part of, which

indicates the specific conditions, privileges, or restrictions to it associated;

s) "Qualification Control of Aerodrome by Instruments", the authorization that attests

the competence of the holder of the licence to provide a traffic control service

air for aerodrome traffic, at an aerodrome for which there are

published procedures of approximation or detachement by instruments and must

contain, at least, one of the following averages:

i) "Averaging Control of Movements in the Solo" that attests to competence

of the holder of the licence to carry out motion control on the ground;

ii) "Averaging Control of Tower" that attests to the competence of the holder of the

license to provide control services when the control of the aerodrome is

carried out from a position of work;

iii) "Averaging Traffic Control in the Air" that attests to the competence of the

holder of the licence to carry out air traffic control in the vicinity of the

aerodrome;

iv) "Radar Averaging" granted as a complement to the averaging

Control in the Air or Tower Control, which attests to the competence of the holder of the

license to carry out the control of the aerodrome with an equipment use

of surveillance by radar;

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v) "Averaging Surveillance of Movements in the Solo" granted as

supplement of the averaging Control of Movements in the Solo or

Tower Control, which attests to the competence of the licence holder for

carry out movement control on the ground with recourse to systems of

driving movements on the ground, used at the aerodrome;

t) "Qualification Control of Visual Aerodrome", the authorisation that attests to

competence of the holder of the licence to provide a traffic control service

air to aerodrome traffic at an aerodrome for which there are no

published procedures of approximation or detachement by instruments;

u) "Qualification Control of Conventional Approximation", the authorisation that attests to

competence of the holder of the licence to provide air traffic control services

in the phases of arrival, departure and transit of the aircraft without using equipment from

surveillance;

v) "Qualification Control of Surveillance Approximation", the authorisation that attests to

competence of the holder of the licence to provide air traffic control services

to aircraft in the phases of arrival, departure and transit, by use of

surveillance equipment and must contain at least one of the following

averbings:

i) "Averaging Approach Radar of Precision" granted as

complement of Radar averaging, which attests to the competence of the holder of the

license to provide precision approximation services in the final phase of

approach to the runway by the use of radar equipment;

ii) "Averaging Approach of Radar Surveillance" granted as

complement of Radar averaging, which attests to the competence of the holder of the

license to provide non-precision approximation control services,

upon the use of surveillance equipment in the final stage of

approach to the runway;

iii) "Averaging Control Terminal" granted as a complement to the

averaging Radar or Dependent Automatic Surveillance, which attests to

competence of the holder of the licence to provide traffic control services

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air to aircraft operating in a specified terminal area and / or sectors

adjacent, upon the use of any surveillance equipment;

iv) "Radar Averaging" that attests to the competence of the licence holder for

provide an approximation control service by the use of

primary and secondary radar equipment;

v) "Averaging Dependent Automatic Surveillance" that attests to competence

of the holder of the licence to provide an approximation control service,

through the use of the dependent automatic surveillance system;

x) "Conventional Regional Control Qualification", the authorisation that attests to

competence of the holder of the licence to provide air traffic control services

to aircraft without using surveillance equipment;

z) "Qualification Regional Monitoring of Surveillance", the authorisation that attests to

competence of the holder of the licence to provide air traffic control services

to aircraft, by the use of surveillance equipment and shall contain,

at least one of the following averbings:

i) "Averaging Ocean Control" that attests to the competence of the holder of the

license to provide air traffic control services to aircraft that

operate in an area of oceanic control;

ii) "Averaging Control Terminal" granted as a complement to the

averaging Radar or Dependent Automatic Surveillance, which attests to

competence of the holder of the licence to provide traffic control services

air to aircraft operating in a specified terminal area and / or sectors

adjacent, upon the use of any surveillance equipment;

iii) "Radar Averaging" that attests to the competence of the licence holder to provide

regional control services by the use of equipment from

radar surveillance;

iv) "Averaging Dependent Automatic Surveillance" that attests to competence

of the holder of the licence to provide regional control services, through the

use of the dependent automatic surveillance system;

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aa) "Sector", part of an area of control or a region of flight information or

of a region of superior flight information;

bb) "Air traffic control service", service whose provision is intended to prevent

collisions between aircraft and, in the area of manoeuvre, between aircraft and obstacles and

still to maintain an orderly and expeted flow of air traffic;

cc) "Air traffic services", the flight information service, the alert service, the

advisory service and the regional air traffic control service, from

approach and aerodrome;

dd) "General Air Traffic", all movements of civil aircraft and aircraft

state, including in these last those of military, customs and police aircraft,

where such movements are carried out in accordance with the

procedures determined by the OACI.

Article 3.

Abbreviations

For the purposes of this Law shall be understood by:

a) "ACP" ( Area Control Procedural ), Conventional Regional Control;

b) "ACS" ( Area Control Surveillance ), Regional Control of Surveillance;

c) "ADI" ( Aerodrome Control Instrument ), Aerodrome Control by Instruments;

d) "ADS" ( Automatic Dependent Surveillance ), Automatic Dependent Surveillance;

e) "ADV" ( Visual Control Aerosdrome ), Visual Aerodrome Control;

f) "AIR" ( Air Control ), Traffic Control in the Air;

g) "APP" ( Procedural Control Procedural ), Conventional Approximation Control;

h) "APS" ( Control Surveillance Approach ), Control of Approximation of Surveillance;

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i) "ESARR" ( EUROCONTROL Safety Regulatory Requirement) , specifications

regulatory on safety established by EUROCONTROL;

j) "ESARR 5" ( EUROCONTROL Safety Regulatory Requirement 5 ), specification

regulatory on safety established by EUROCONTROL, concerning the

licensing of air traffic controllers;

l) "EUROCONTROL", European Organization for the Safety of Navigation

Air, created by the International Convention on Cooperation for Security of the

Air Navigation, of December 13, 1960;

m) "GMC" ( Ground Movement Control ), Control of Movements in the Solo;

n) "GMS" ( Ground Movement Surveillance ), Surveillance of Movements in the Solo;

o) "OACI", International Civil Aviation Organization established by the Convention

on International Civil Aviation, signed in Chicago, December 7 from

1944;

p) "OCN" ( Oceanic Control ), Oceanic Control;

q) "PAR" ( Precision Approach Radar ), Precision Radar Approach;

r) "RAD" ( Radar Control ), Radar;

s) "SRA" ( Surveillance Radar Approach ), Approach of Radar Surveillance;

t) "TCL" ( Terminal Control ), Terminal Control;

u) "TWR" ( Tower Control ), Control of Tower.

CHAPTER II

National Supervisory Authority

Article 4.

National Institute of Civil Aviation, I. P.

1-The National Institute of Civil Aviation, I. P., abbreviately designated INAC, I. P., is the

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National Supervisory Authority, for the purposes of this Act, under the terms of the b)

of Article 3 (4) of the Decree-Law No 145/2007 of April 27.

2-The INAC, I. P. shall provide information and assistance to the supervising authorities

nationals of the remaining Member States, whenever they request it, so as to

ensure the necessary harmonization of standards and procedures, especially in what

respects the free movement of air traffic controllers in the Community.

Article 5.

Attributions

As a National Supervisory Authority, it competes with INAC, I. P.:

a) The issuance and cancellation of licences, qualifications and averages, in

relation to which appropriate training and evaluation have been completed in the

scope of your area of responsibility;

b) The maintenance, limitation and suspension of licences, qualifications and

averages whose privileges are found to be exercised under your

liability;

c) The certification of training organizations, as well as maintenance, the

suspension, limitation and cancellation of your certificates;

d) The type-approval of the training courses, of the operational training plans in the

control body and competence systems of the control body;

e) The approval and the respective maintenance on licence holders

enabled to exercise roles of examiners and competencies evaluators

for operational training in the control body and for further training;

f) The control and auditing of training systems;

g) The establishment of appropriate mechanisms of appeal and notification.

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Article 6.

Base of data

1-The INAC, I. P. maintains an up-to-date database with respect to each instructor

of air traffic control and every air traffic controller, under its

liability, which it shall contain:

a) The personal data of the air traffic instructors and controllers;

b) Valid qualifications and aversions, with their respective expiry dates;

c) The previous qualifications and averages, including the control bodies of

air traffic services where it has provided air traffic control service;

d) The data of any action taken by the INAC, I. P. which led to a

suspension or revocation of a permit or a medical certificate of aptitude,

as well as to a suspension or cancellation of qualifications or aversions;

e) The date on which expires the validity of the certificate of medical aptitude;

f) The date on which each proficiency assessment process is complete.

2-The control bodies of air navigation service providers shall maintain

records of the actual working hours, for the period of 5 years, for each holder of

license by sectors, groups of sectors or work positions and must provide such

data to INAC, I. P., when this one requests it.

3-A The database is maintained in accordance with the personal data protection law.

Article 7.

Auditing and inspections

1-The INAC, I. P., as a National Supervisor of Supervisor, shall always carry out

what necessary an audit of training organizations with a view to ensuring the

effective compliance with the standards provided for in this diploma.

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2-Without prejudice to the provisions of the preceding paragraph, the INAC, I. P. may carry out inspections

on site to check the application and compliance of the standards provided for in the present

diploma.

3-The INAC, I. P. may delegate fully or partially the auditing and the functions of

inspection, referred to in the preceding paragraphs, in the organizations recognized in the terms

of Article 3 of the Regulation (EC) No 550/2004 of the European Parliament and of the

Council, of March 10, 2004.

CAPITCHAPTER III

Licenses, qualifications and averbings

SECTION I

General provisions

Article 8.

Licenses

1-The exercise of air traffic controller functions depends on the entitlement of a

license, to be granted by INAC, I. P.

2-The licences granted under this Act are personal and incommunicable.

3-Air traffic controller and traffic control instructor licences

air shall contain the elements set out in Annex I to this Law, of which it does

an integral part.

4-licences are issued in Portuguese language and include English translation

of the elements noted in Annex I.

5-Applicants to a licence must prove to have the competence to perform the duties of

air traffic controller or air traffic control instructor.

6-For the purposes of the preceding paragraph, the evidence demonstrating the competence for

exercise the functions of air traffic controller or control instructor of

air traffic focus on their knowledge, experience, skills and

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language competence.

Article 9.

Qualifications and averbings

The holder of an air traffic controller licence or control instructor's licence

air traffic can only carry out the activity by it titled under the qualifications and

averages on it registered.

Article 10.

Medical certificate of aptitude

1-A issuance of an air traffic controller licence or instructor-led

air traffic control depends on the medical certification of aptitude of the respective

candidate.

2-The medical certificate of aptitude referred to in the preceding paragraph shall be issued pursuant to the

Decree-Law No. 250/2003 of October 11, taking into account the provisions of Annex I to the

Convention on International Civil Aviation and the Requirements for the Obtaining of the

European Medical Certificate of Class 3 by Air Traffic Controllers,

established by EUROCONTROL.

Article 11.

Medical conditions and use of psychoactive substances

1-Air traffic controllers and air traffic control and air traffic control disputes

may exercise operational functions when they are aware of any

situation of diminishing your physical or mental fitness, which may affect the safety

in the exercise of those functions, nor when they find themselves under the influence of any

psychoactive substances or medications that may affect their ability to

exercise in a safe and appropriate manner.

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2-Air navigation service providers must have and apply procedures,

approved by INAC, I. P., which allow to prevent the exercise of operational functions

by air traffic controllers and air traffic control and air traffic control instruments,

where the same ones are found in the conditions referred to in the preceding paragraph.

SECTION II

Requirements for the issuance of licences, qualifications and averages

Article 12.

Air traffic control instructor licence

1-The applicant for an air traffic control instructor licence shall

fill in, cumulatively, the following requirements:

a) Have completed eighteen years on the date of the issuance of the permit;

b) Have completed the 12. year of schooling or equivalent;

c) Have completed with harnessing the initial training, approved by INAC,

I. P., relevant to the qualification, in a certified training organisation, and,

depending on the case, for the averaging of qualification, as provided for in the

Part A of Annex II to this Law, of which it is an integral part;

d) Possess a valid medical certificate of aptitude;

e) Have demonstrated an appropriate level of language competence, according to

the requirements set out in Annex III to this Law, of which it is an integral part.

2-In cases where the applicant does not meet the requirement set out in the b) from the

previous number, the INAC, I. P. can evaluate your degree of instruction by disthinking it from

such a requirement, where such assessment reveals that the candidate possesses experience and

knowledge that gives you a reasonable prospect of being able to come to an end

training of air traffic controller.

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3-A air traffic control instructor licence entitiseizes its holder to provide

air traffic control services under the supervision of an instructor responsible for the

training in real traffic.

4-A The license must include at least one qualification and may include an averaging of

qualification.

Article 13.

Air traffic controller license

1-The applicant for an air traffic controller licence has to fill in,

cumulatively, the following requirements:

a) Have completed twenty-one years on the date of the issuance of the permit;

b) Possess an air traffic control instructor licence;

c) Have completed an operational training plan in the control body,

homologated by INAC, I. P., and obtained approval in examinations or assessments

appropriate, in accordance with the requirements set out in Part B of Annex II to the

present diploma;

d) Possess a valid medical aptitude certificate;

e) Have demonstrated an appropriate level of language competence, according to

the requirements set out in Annex III.

2-A The licence only produces its effects by including one or more qualifications,

as well as of the qualification aversions, control organ averbings and

of language aversions, in relation to which the training has been completed

with taking advantage.

Article 14.

Qualifications

Air traffic controller and air traffic control instructor licences

must include at least one of the following qualifications:

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a) Qualification ADV;

b) ADI qualification, which must be accompanied by at least one of the

qualification aversions set out in Article 15 (1);

c) Qualification APP;

d) APS qualification, which must be accompanied by at least one of the

qualification aversions set out in Article 15 (2);

e) ACP qualification;

f) ACS qualification, which must be accompanied by at least one of the

qualification aversions set out in Article 15 (3)

Article 15.

Qualifying averbings

1-A ADI qualification must contain at least one of the following averages:

a) Averaging TWR;

b) GMC averaging;

c) Averaging GMS;

d) Averaging AIR;

e) RRAD averaging.

2-A APS qualification must contain at least one of the following averages:

a) RRAD averaging;

b) Averaging PAR;

c) Averaging SRA;

d) Averaging ADS;

e) Averbment TCL.

3-A ACS qualification must contain at least one of the following averages:

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a) RRAD averaging;

b) Averaging ADS;

c) Averaging TCL;

d) Averaging OCN.

4-A APP qualification may contain TCL averaging.

5-A The ACP qualification may contain one of the following averbings:

a) Averaging TCL;

b) Averaging OCN.

6-Without prejudice to the provisions of the preceding paragraphs, they may be provided for, in legislation

supplementary, additional averages, taking into account the specific characteristics

of traffic in the national airspace.

Article 16.

Linguistic averbings

1-Air traffic controllers must demonstrate their ability to speak and

understand the English and Portuguese language at a satisfactory level.

2-A The language competence of air traffic controllers is classified according

with the constant classification scale of Annex III.

3-It is considered satisfactory Level 4 of the classification scale of language competence,

constant of Annex III, without prejudice to the provisions of the following number.

4-Whenever, on imperative grounds of security, the operational circumstances of

certain qualification or averbment justifies a higher level, may be

required to the air traffic controller, upon authorization from INAC, I. P., the Level

5 of the classification scale of the linguistic competence, constant of Annex III.

5-A The requirement provided for in the preceding paragraph shall be objectively justified, not

discriminative, proportional and transparent.

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6-When it is deemed necessary for security reasons, the INAC, I. P. may

impose local language requirements.

7-A language competence is attested by a certificate issued after a process of

transparent and objective assessment, approved by INAC, I. P.

Article 17.

Averbings of instructor

1-The averaging of instructor on an air traffic controller license attests that the

holder of the licence has competence to supervise and give training, in a position of

work, in the areas covered by a valid qualification.

2-The applicant of an instructor-averse shall cumulatively fill in the

following requirements:

a) Have provided air traffic control services, in the terms defined in

supplementary regulation;

b) Have completed with harnessing an instructor-led course in charge of

formation in real traffic, approved by INAC, I. P., in an organisation of

certified training, during which they have been assessed, through exams

appropriate, the necessary knowledge and pedagogical qualifications.

3-The period required in ( a) from the previous number can be increased, by INAC,

I. P., taking into account the qualifications and averbings corresponding to the instruction

imparted.

Article 18.

Averbings of control organ

The averaging of control body attests that the licence holder has competence for the

exercise of air traffic controller functions in certain sectors, groups of

sectors or positions of work, under the responsibility of a control body of

air traffic services.

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CHAPTER IV

Organisations of training

Article 19.

Requirements for the certification of training organisations

1-A provision of training to air traffic control and the

air traffic controllers, by training organizations, including the respective

evaluation processes, is subject to certification from INAC, I. P.

2-Training organisations whose main centre of activity or headquarters are located in

Portuguese territory present to INAC, I. P their applications for certification.

3-A Certification of training organizations comply with the requirements set out in the Point

1 of Annex IV, of which it is an integral part and which focus on:

a) Technical and operational competence;

b) The ability to organize training courses.

4-They can be issued certificates for each type of training or in combination with

other air navigation services, in which case the type of training and the type of service

of air navigation will be certified as a package of services.

5-Certificates of the training organizations shall contain the elements referred to in the

Point 2 of Annex IV.

Article 20.

Manual of instruction

The training organisations must have a instruction manual, in the terms of

define in supplementary regulation.

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Article 21.

Individual records of training

The training organisations must keep individual records of the training imparted.

CHAPTER V

Vicissitudes of the licences, qualifications, averbings and certificates of the

training organizations

SECTION I

Validity, revalidation and renewal

Article 22.

Licenses

The effectiveness of air traffic controller licences is conditional on the validity of the

less a qualification and their averbings.

Article 23.

Evaluation of proficiency

1-To keep valid your qualifications and averbings, the controller of

air traffic shall obtain positive results in the assessment system provided for in the

the following number.

2-The air navigation service provider shall maintain a system of assessment,

approved by INAC, I. P., through the implementation of procedures that guarantee

the continuity of the proficiency of air traffic controllers and to predict their

immediate suspension of operational functions in the event that this does not occur.

3-The procedures referred to in the preceding paragraph shall specify, inter alia:

a) The method by which air traffic controllers are assessed;

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

notifies the air traffic controller and INAC, I. P. of the outcome of the assessment

of proficiency;

e) The method of recording the data of the evaluation;

f) The appropriate training plan for the recovery of proficiency.

4-Where the proficiency, fitness and requirements required of the holder of a licence,

qualification and averaging cease to match, by reason of changes

later, to those who substantiated the respective issue shall be given knowledge

of such a fact to INAC, I. P.

Article 24.

Revalidation of qualifications and averbings

1-A revalidation of qualifications and averbings is the responsibility of the

examiners, who must check whether the air traffic controller has complied, on the deadline

of validity of the qualification and the averaging, the requirements for the maintenance of your

validity.

2-We must be kept up-to-date records of all revalidations carried out, owing

o INAC, I. P. be notified of them.

Article 25.

Qualifications and qualification averages

1-A The validity of qualifications is conditional on the validity of at least one of the

respective qualification aversions.

2-The holder of a qualification or qualification averaging that does not have

provided air traffic control services associated with that qualification or that

averaging qualification over a period of four consecutive years can only

24

initiate an operational training in the supervisory body in that qualification or in that

qualification averaging after having assessed, appropriately, whether it continues to

satisfy the conditions of that qualification or of this qualification aversion and

after meeting the training requirements that result from that assessment.

Article 26.

Linguistic averbings

1-A The language competence of the licence holder is subject to an official assessment

periodical, according to the constant classification scale of Annex III.

2-Except for the provisions of the preceding number of licence holders who have

demonstrated to possess Level 6 linguistic competence, according to the scale

referred to in the previous number.

3-A periodicity of the assessments provided for in paragraph 1 of this Article is established from the

following form:

a) Maximum of three years, for candidates who demonstrate to possess competence

linguistics Level 4, in accordance with the grading scale referred to in paragraph 1;

b) Maximum of six years, for candidates who demonstrate to possess competence

of Level 5, according to that grading scale.

Article 27.

Averbings of instructor

Instructor averbings are valid for a period of three years, renewable by equal

period.

Article 28.

Averbings of control organ

1-Control organ averbings are valid for an initial period of twelve

months.

25

2-The period of validity referred to in the preceding paragraph shall be successively renewable by

periods of twelve months, provided that the air navigation service provider

demonstrate that:

a) The holder of the licence exercised, in the previous year, the privileges of the licence during the

minimum number of hours indicated in the competence plan of the organ of

control in question;

b) The competence of the licence holder has been assessed by the standards laid down in the

Part C of Annex II; and

c) The holder of the licence has a valid medical certificate of aptitude.

3-For instructors responsible for training in real traffic, it can be reduced the

minimum number of hours of work required to maintain the validity of the

averaging, upon authorization from INAC, I. P., on the proportion of the time spent with

the instructors in the working positions for which the extension referred to in the

previous number have been required, without counting the instructional tasks.

4-When it caps the validity of an averaging of control organ, the same can only

be revalidated after conclusion, with use, of a training plan

operational in the control body.

Article 29.

Examiners and competencies evaluators

The approval, by INAC, I. P., of the licence holders empowered to perform duties of

examiners and competencies evaluators for the operational training in the organ of

control and for continuing education is valid for a period of three years, renewable by

equal period.

Article 30.

Medical certificate of aptitude

1-The exercise of air traffic controller activity and control instructor

of air traffic is conditional on the validity of the medical certificate of aptitude.

2-The medical certificate of aptitude is valid, from the date of the medical examination:

26

a) For a period of twenty four months, for air traffic controllers and

for air traffic control instruments, up to the age of forty years;

b) For a period of twelve months, after that age.

3-Where the requirements required of the holder of a medical certificate of aptitude

cease to correspond, on the grounds of later amendments, to those who have substantiated

the respective issue shall be given knowledge of such a fact to INAC, I. P.

Article 31.

Certificates of training organisations

1-The certificates of the training organizations are valid for a period of three years,

renewable for equal period.

2-The INAC, I. P. may reduce the period of validity of the certificate of the organizations of

training, referred to in the preceding paragraph, if, after an inspection or audit to the

training organisation check that the requirements for the maintenance of the certification

are not being met, affecting the levels of quality or safety.

3-Where the requirements required of a training organization holder of a

certificate cease to correspond, by reason of later changes, to those which

substantiated the respective issue should be given knowledge of such a fact to the

INAC, I. P.

Article 32.

Renewal of qualifications and averages

1-The holders of qualifications and redbings that have lapsed less than five

years may apply to INAC, I. P. the issuance of new qualifications and averages,

if they prove that they have carried out a suitable operational training plan,

approved by INAC, I. P., under the supervision of an instructor.

2-The holders of qualifications and redbings that have lapsed more than five

years may apply to INAC, I. P. the issuance of new qualifications and averages,

if they prove that they meet all the requirements for their issuance.

27

SECTION II

Limitation and suspension

Article 33.

Limitation of licences, qualifications, averbings and certificates of the

training organizations

1-Without prejudice to the application of the provisions on counter-ordinations, always

that the INAC, I. P. detect any non-compliance with the rules of this Law,

notifies the air navigation service provider and the holder of the licence, qualification,

averaging or certificate of training organization concerned to, on the term by you

determined, proceed to its correction.

2-As per the gravity and the number of the detected non-conformities, the INAC, I. P.

may limit or suspend the license, qualification, averbment or certificate of

training organization, upon statement of reasons.

3-The limitations determined by INAC, I. P. to the exercise of the competences of the

holders of the licences, qualifications, averbings, or certificates of organization of

formation, provided for in this Law, are recorded in them.

Article 34.

Suspension of licence in the event of a decrease in physical or mental conditions

When, by the application of the procedures laid down in Article 11 (2), check out

that an air traffic controller or an air traffic control instructor not

is in physical or mental condition to exercise its operational functions with

safety, the air navigation service provider notifies the INAC, I. P., which

immediately suspend the respective licence, until it is proven that that controller of

air traffic is again in a position to carry out its duties safely.

28

Article 35.

Suspension of duties in the event of an incident or accident

1-Air traffic controllers involved in an incident or accident, are

immediately suspended from the exercise of their duties in the positions of control by the

service provider, on the terms that they come to be established in accordance with the

provided for in paragraph 3.

2-Whenever an incident or accident involves an air traffic controller, the

entity responsible for the investigation must notify the INAC, I. P. of its

conclusions.

3-The air navigation service provider shall have procedures, approved by the

INAC, I. P., which shall regulate the established in this Article.

Article 36.

Loss of proficiency

1-If the air traffic controller does not comply with the requirements for maintenance of validity

of qualifications and aversions in proficiency, the provider of

air navigation services shall notify, immediately, the INAC, I. P. of such a fact.

2-In the situation provided for in the preceding paragraph, the INAC, I. P. suspending the qualification and the

averaging in cause, until the air traffic controller readjust the proficiency,

pursuant to Art. 23 para.

SECTION III

Cancellation

Article 37.

Cancellation of qualifications and averbings

INAC, I. P. may cancel qualifications and averbings, in the case of default by the

its holder, of the obligations provided for in this Law.

29

Article 38.

Cancellation of licences

Air traffic controller and air traffic control instructor licences

can be cancelled, by INAC, I. P., whenever they check cases of proven

gross negligence or abuse of law, on the part of its holder.

Article 39.

Medical certificates of aptitude

The medical certificate of aptitude can be cancelled at any time in case the state of

health of the holder thus requires it.

Article 40.

Certificates of training organisations

1-The INAC, I. P. controls the fulfilment of the requirements and conditions associated with the

certificates of the training organizations per se issued.

2-Should you verify that a certified training organization of a certificate has left

meet the requirements or conditions referred to in the preceding paragraph, the INAC, I. P. may

cancel this certificate.

3-

CHAPTER VI

Supervision, surveillance and sanctionatory regime

Article 41.

Supervision and surveillance

As a National Supervisory Authority, it is incumbent on the INAC, I. P. supervising and

scrutinize compliance with this Law.

30

Article 42.

Counter-ordering

1-For the purposes of applying for the regime of civil aviation counterordinances, approved

by Decree-Law No. 10/2004 of January 9 constitute counter-ordinations very much

graves:

a) The exercise of air traffic controller functions by those who are not a holder

of an air traffic control instructor licence or a permit of

air traffic controller, in violation of the provisions of Article 8 (1);

b) Employ or have at your service persons who exercise the functions of instructors

of air traffic control or air traffic controller not being

licence holders to that effect, in violation of the provisions of Article 8 (1);

c) The exercise of the activity titled by an instructor-led leave of control of

air traffic or air traffic controller in addition to the limits of the

qualifications or the aversions therein registered, in violation of Article 9;

d) Employ or have at your service people who exercise the skills of

instructor-led air traffic control or air traffic controller for

in addition to the limits of qualifications or averages recorded in their

licences, in violation of Article 9;

e) The exercise of operational functions of air traffic control instructing

or air traffic controller with knowledge of any situation that

provoke the decrease in their fitness, physical and mental, or under the influence of

any psychoactive substances or medications that may affect your

ability to exercise them properly, in violation of the provisions of paragraph 1 of the

article 11;

f) Employ or have at your service persons who exercise the operational functions of

instructing air traffic control or air traffic controller, in

violation of the provisions of Article 11 (1);

31

g) The exercise of air traffic controller functions by the holder of a

air traffic control instructor licence without the supervision of a

instructor responsible for training in real traffic, in violation of paragraph 3 of the

article 12;

h) Have to your service persons who exercise the functions of instructing control of

air traffic without the supervision of an instructor responsible for training with

real traffic, in violation of Article 12 (3);

i) The provision of training to air traffic control instructors and the

air traffic controllers, including the respective evaluation processes,

by training organizations not certified by INAC, I. P., in violation of the

provisions of Article 19 (1);

j) The issuance of statements or other false documents, or the falsification of

training records or evidence made by training organisations;

l) Allow for the continuity of the exercise of air traffic controller functions

by air traffic controller licence holders when these obhave

negative results in the proficiency assessment provided for in Article 23;

m) Render false statements or present false documents for the issuance,

change, revalidation, or renewal of the licences, qualifications, averbings,

medical certificates of aptitude or certificates of the training organisations;

n) Falsifying, introducing changes or additions to the licences, qualifications,

averages, medical certificates of aptitude or certificates of the organizations

of training;

o) The exercise of air traffic controller functions by licence holders,

suspended qualifications or aversions, in violation of that suspension;

p) The exercise of air traffic controller functions by holders of

qualifications or cancellations cancelled, in violation of Article 37;

q) The exercise of air traffic controller functions by licence holders

or medical certificates of aptitude cancelled;

32

r) The provision of training to air traffic control instructors and the

air traffic controllers, including the respective evaluation processes,

by training organizations whose certificates find themselves cancelled, in

violation of the provisions of Article 40 (2).

2-For the purposes of applying for the regime of civil aviation counterordinances, approved

by Decree-Law No. 10/2004 of January 9, constitute serious counterordinations:

a) The refusal, in providing the INAC, I. P., at the time of its solicitation, the records of the

hours of actual work in the sectors, groups of sectors or positions of

work for each license holder working on that organ, in violation of the

provisions of Article 6 (2);

b) The lack of procedures, as well as their application, that allow to control the

use of psychoactive substances and medications by the control countants of

air traffic and by air traffic controllers at their service, in violation

of Article 11 (2);

c) Do not keep in place an evaluation system, in the terms provided for in the article

23.

d) The exercise of air traffic controller functions by licence holders,

qualifications or aversions when proficiency, aptitude, and requirements

required its to the holder cease to correspond, by reason of changes

later, to those who substantiated the respective issue without it having been

given knowledge of such a fact to INAC, I. P., in violation of the provisions of paragraph 4

of Article 23;

e) The exercise of air traffic controller functions by holders of

medical certificates of aptitude when the fitness and requirements required of your

holder cease to correspond, on the grounds of later amendments, to those who

have substantiated the respective issue without having been given knowledge of

such a fact to INAC, I. P., in violation of Article 30 (3);

33

f) The provision of training to air traffic control instructors and the

air traffic controllers, including the respective evaluation processes,

by training organizations whose certificates do not find themselves valid, in

violation of the provisions of Article 31 (1) and (2);

g) The provision of training to air traffic control instructors and the

air traffic controllers, including the respective evaluation processes,

by certified training organisations when the required requirements leave

to correspond, on the grounds of later amendments, to those who substantiated the

respective issuance without being given knowledge of such a fact to INAC,

I. P., in violation of the provisions of Article 31 (3);

h) The exercise of air traffic controller functions by licence holders,

whose qualifications, averbings or medical certificates of aptitude not if

find valid;

i) The exercise of air traffic controller functions by licence holders,

qualifications or averbings in which limitations have been introduced, in

violation of Article 33;

j) The provision of training to air traffic control instructors and the

air traffic controllers, including the respective evaluation processes,

by training organizations whose certificates have been the subject of

limitations, in violation of Article 33;

l) The lack of the procedures referred to in Article 35 (3).

3-For the purposes of applying for the regime of civil aviation counterordinances, approved

by Decree-Law No. 10/2004 of January 9 constitute lightweight counterordinations:

a) The lack of maintenance, for the minimum period of three years, of records of the hours

of actual work in the sectors, groups of sectors or work positions for

each licence holder working in a traffic services control body

air, in violation of the provisions of Article 6 (3);

34

b) The exercise of air traffic controller functions by licence holders,

qualifications, averages or medical certificates of aptitude in poor condition

of conservation, in such a way as to make some of its elements unreadable;

c) The lack of maintenance of individual records of the training imparted, in

violation of Article 21;

d) The provision of training to air traffic control instructors and the

air traffic controllers, including the respective evaluation processes,

by training organizations whose certificates find themselves in a bad state of

conservation, in such a way as to make some of its elements unreadable;

e) The lack of maintenance of up-to-date records of all revalidations

carried out, in violation of the provisions of Article 24 (2);

f) The lack of notification of the INAC, I. P., pursuant to Article 24 (2);

g) The lack of notification of the INAC, I. P., pursuant to Rule 34;

h) The lack of notification of the INAC, I. P., pursuant to Article 35 (2);

i) The lack of notification of the INAC, I. P., pursuant to Article 36 (1)

Article 43.

Processing of counter-ordinations

It is incumbent upon the INAC, I. P., pursuant to the Decree-Law No. 145/2007 of April 27,

to institute and instruct the counterordinance processes relating to the offences provided for in the

present law, as well as proceeding to the application of the respective fines and ancillary sanctions to

that there is place.

Article 44.

Ancillary sanctions

1-The INAC, I. P. may, in accordance with Section II of Chapter II of the Decree-Law n.

10/2004, of January 9 and with Article 21 of the General Regime of the Counterings-Ordinances,

approved by Decree-Law No 433/82 of October 27, as amended

35

given by the Decree-Law No. 244/95 of September 1 and by Law No. 109/2001, 24 of

December, determine the application of the ancillary sanction of suspension of the licence,

qualification, averaging or certificate of training organisation, for a period

not more than two years, simultaneously with the application of the corresponding fine to the

counter-ordinations provided for in Article 42 (1)

2-A punishment for counter-ordinance may be advertised, in the terms provided for in the article

13. of the Decree-Law No. 10/2004 of January 9.

CHAPTER VII

Final and transitional provisions

Article 45.

Fees

1-By issuance, reissuance, revalidation and renewal of licences, qualifications,

averbings and certificates from the training organizations, concerning the instructs of

air traffic control, air traffic controllers and organizations of

formation are due fees.

2-The standards of application and the amounts of the fees referred to in the preceding paragraph are

fixed by office of the minister responsible for the civil aviation sector.

3-The fees provided for in paragraph 1 are collected by INAC, I. P. and constitute own revenue

of this Institute, pursuant to the Decree-Law No. 145/2007 of April 27.

Article 46.

Licences, qualifications and averages issued by supervising authorities of

other countries of the European Union

1-The licences, qualifications and averages, issued by the supervising authorities

of other countries of the European Union, in accordance with the provisions of the present

36

law, are valid in Portugal, provided that these countries, reciprocally, consider valid

the said securities issued by INAC, I. P.

2-The formations and evaluations of training organizations certified by the

supervisory authorities in other countries of the European Union, in accordance with the

provisions of this Law, are considered valid in Portugal, for the purposes of

issuance of licenses, qualifications and averbings.

3-To grant an averaging of control organ, to a traffic controller

air whose licence was issued by the supervisory authority of another country of the Union

European, the INAC, I. P. shall require the candidate to satisfy the particular conditions

associated with this averaging, specifying:

a) The control body;

b) The sector or the position of work.

4-For the purposes of the provisions of the preceding paragraph, when establishing the training plan

operational in the control body, the training organisation certified by INAC, I.

P. must take into account:

a) The skills acquired by the candidate;

b) The experience of the same.

5-The INAC, I. P. shall approve the operational training plan in the control body of the

which is listed the proposed training for the candidate, up to six weeks after the

presentation of the documentation, without prejudice to the delays caused by resources

eventually interposed.

6-A The approval decision referred to in the preceding paragraph shall be substantiated.

7-Where the holder of a permit issued by a supervisory authority of another

country of the European Union shall exercise the privileges conferred by that licence, in Portugal,

has the right to exchange its licence for another, issued by INAC, I. P., without giving it

any additional conditions are imposed.

37

8-The 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.

Licences, qualifications and averages issued by supervising authorities of

non-member countries of the European Union

1-The licences, qualifications and averbings issued by the supervising authorities

of non-EU countries are valid in Portugal whenever such

the hajam authorities fully adopted the terms and conditions set by the

EUROCONTROL, contained in ESARR 5 and, provided that these countries, reciprocally,

consider valid the said securities issued by INAC, I. P.

2-The licences, qualifications and averbings issued by the supervising authorities

of countries not covered by the preceding paragraph may be converted by the

INAC, I. P. in licences, qualifications and averages, upon application of your

holder, provided that:

a) There is an agreement between the INAC, I. P. and the issuing aeronautical authority,

established on the basis of reciprocity of acceptance; and

b) Ensure an equivalent level of security between the required requirements in

Portugal and those required in the country concerned.

3-The formations and evaluations of training organizations certified by the

supervising authorities of non-EU countries, are only valid in

Portugal, for the purpose of issuing licences, qualifications and averages, after

approval of INAC, I. P.

Article 48.

Transitional provisions

1-The licences, as well as the medical aptitude certificates that accompany them, the

qualifications, averages and certificates of the training organizations valid to the

38

date of entry into force of this Law shall remain valid in accordance with the scope,

qualifications and possible limitations with which they have been issued and as long as they have been

complied with the standards applicable to the time of its issuance, until its renewal,

revalidation or conversion, to which the rules laid down in this Law apply.

2-The licence holders, as well as the medical aptitude certificates that the

accompany, of qualifications, of averbings or of certificates of the organizations of

training that are not valid at the date of the entry into force of this degree have the

period of one year, counted from the same date, to apply for renewal.

3-A training commenced prior to the entry into force of this diploma, in accordance

with the requirements applicable to the date of its commencement, is valid for the issuance of the licences,

qualifications and averages provided for in this Law, provided that such training and

respective evidence to be finalised three years after the date of entry into force of the

present law.

Article 49.

Entry into force

This Law shall come into force on the day following that of its publication.

Seen and approved in Council of Ministers of April 24, 2008

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

39

ANNEX I

Specifications for Licenses

Licences issued in accordance with this Law shall be in accordance with

following specifications:

1. Elements

1.1. Of the licence must appear in the following elements, and the points marked with

an asterisk to be translated into English:

a) *Identification of INAC, I. P. (the black one);

b) *Title of the license (in characters the black well highlighted);

c) Serial number of the licence, in Arabic numerals, conferred by the INAC, I. P.;

d) Full name of the holder (in Latino characters);

e) Date of birth;

f) Nationality of the holder;

g) Signature of the holder;

h) Certification relating to the validity and authorization of exercise, by the holder, of the

appropriate privileges to the license, which indicate:

i) The qualifications, the qualification averages, the averbings

linguistics, the instructor averbings and the organ averbings of

control;

ii) The dates on which they were granted for the first time;

iii) The expiry dates of the same

i) Signature of the representative of the competent entity for the issuance of the licence and

date of issue;

j) Stamp or seal of INAC, I. P.

40

1.2. The permit must be accompanied by a valid medical certificate of aptitude.

2. Material

A first quality paper or other appropriate material must be used, where the

elements referred to in Point 1 are clearly visible.

3. Color

3.1. Given that aviation-related licences issued by INAC, I. P. have marks

the colours that the badges, the colour of the air traffic controller license shall be the

yellow.

41

ANNEX II

Requirements for training

PART A

Requirements for the initial training of air traffic controllers

The initial training should ensure that air traffic control instructions

meet, at a minimum, the basic and training objectives for the

qualification, described in the 12/10/2004 edition of the Guidelines for Air Traffic Controller Common

Core Content Initial Training (Guidelines on the Common Essential Content of Training

Initial Air Traffic Controllers), from EUROCONTROL, so that the

air traffic controllers can deal with traffic in a safe, fast and

efficient.

The initial training should cover the following subjects: Air Law, Traffic Management

Air, including Procedures for Civil-Military Cooperation, Meteorology,

Navigation, Aircraft and Flight Principles, including the understanding between the controller

of air traffic and the pilot, Human Factors, Equipment and Systems, Environment

Professional, Safety and Culture of Security, Security Management Systems, Situations

Emergency Insights, Degraded Systems and Linguistic Knowledge, including

radiotelephone phraseology.

Subjects should be lected in such a way as to prepare the candidates for the different

types of air traffic services and to give highlights to the aspects of security.

The initial training should consist of theoretical and practical courses, including simulation, and its

duration will be determined in the approved initial training plans.

The acquired skills must ensure that the candidate is deemed competent

to deal with complex situations and high traffic density, facilitating the

transition to operational training in the control body.

42

The competence of the candidate after the initial training must be assessed through examinations

appropriate or of a continuous evaluation system.

PART B

Requirements for operational training in the control body of the controllers of

air traffic

The operational training plans in the control body shall specify the processes and

the timetable necessary to allow the application of local body procedures of

control under the supervision of an instructor responsible for training in real traffic.

The approved plan must state all the elements of the evaluation system of

competences, including the organisation of the work, the evaluation and examination of progress,

as well as notification procedures to INAC, I. P.

The operational training in the control body may contain certain elements of the

initial training specific to the national conditions.

The duration of the operational training in the control body shall be determined in the plan

of respective training.

The required competencies must be assessed by means of appropriate examinations or a

continuous assessment system, by examiners or evaluators with competence

approved, which must be neutral and objective in their assessment.

PART C

Requirements for the continuing training of air traffic controllers

The validity of the qualifications and constant control organ averbings of the

licences of air traffic controllers must be maintained through a training

continued homologation, which will consist of refresher courses, training for

43

emergencies and, if necessary, language training, to maintain the skills of the

air traffic controllers.

The continuing education consists of theoretical and practical courses, with simulation.

To this end, the training organization must establish competency plans of

control body, specifying the processes, human resources and timetable required

to ensure proper continuous training and demonstrate the competence of the

implicated.

These plans must be reviewed and approved at least every three years.

The duration of the continuing education should be decided in function of the functional needs

of the air traffic controllers working in the control body, namely

case there has been or is planning any change in the procedures or equipment,

or in the light of the general requirements on safety management.

The competence of each air traffic controller shall be properly assessed, in the

minimum, every three years.

The air navigation service provider must ensure that mechanisms are applied

to ensure the fair treatment of licence holders who have averbings whose

validity cannot be extended.

44

ANNEX III

Requirements of language competence

The language competence requirements are applicable either to the use of phraseology or

to the use of the current language.

To prove that it complies with the requirements in the field of language competence, the candidate

or the holder of a licence must be assessed, having to demonstrate a competence

corresponding at least to the Operational Level (Level 4) of the competence scale

constant linguistics of this Annex.

To be considered linguistically competent, interested parties should be able

from:

1. Communicate effectively:

a) In non-presential situations-exclusively vocal communication (telephone

or radiotelephone);

b) In presential situations-front the front.

2. Communicate on current, concrete and professional themes with precision and clarity.

3. Use appropriate communication strategies to exchange messages and recognize or

resolve misunderstandings (for example, to verify, confirm or clarify information)

in a general or professional context.

4. Resolve and respond with relative ease to the linguistic challenges presented by

complications or unforeseen situations arising in the context of a working situation of

routine or communication task that is normally familiar to you.

5. Use a dialect or an understandable accent for the aeronautical community.

Scale of classification of language competence

1. Level 1 (Pré-Elementary)

1.1. Pronunciation (Use of a dialect or an intelligible accent for the community

45

aeronautics): Level of use of the language lower than the Elementary Level.

1.2. Structure (The grammatical structures and the relevant syntactic patterns are

determined by the functions of the language appropriate to the task): Level of use of the language

lower than the Elementary Level.

1.3. Vocabulary: Level of use of the lower language at Elementary Level.

1.4. Fluency: Level of use of the lower language at Elementary Level.

1.5. Understanding: Level of use of the lower language at Elementary Level.

1.6. Interaction: Level of use of the lower language at Elementary Level.

2. Level 2 (Elementary)

2.1. Pronunciation (Use of a dialect or an intelligible accent for the community

aeronautics): The pronunciation, accentuation, rhythm and entothing are strongly influenced

by the first language or by a regional variant and make it usually difficult to

understanding.

2.2. Structure (The grammatical structures and the relevant syntactic patterns are

determined by the functions of the language suitable to the task): Shows only one domain

reduced from some grammatical structures and syntactic patterns of simple sentences and

memorized.

2.3. Vocabulary: Limited vocabulary, consisting only of isolated words and

memorized expressions.

2.4. Fluency: Capaz of producing very short, isolated and memorized segments with

frequent pauses and uses in a bothersome way catchphrases to look for expressions and

to articulate less familiar words.

2.5. Understanding: Understanding is limited to isolated and memorized expressions when

careful and slowly articulated.

2.6. Interaction: The response time is slow and often dissuitable. The interaction

limited to simple routine dialogs.

3. Level 3 (Pré-Operational)

46

3.1. Pronunciation (Use of a dialect or an intelligible accent for the community

aeronautics): pronunciation, accentuation, rhythm and entothing are influenced by the

first language or by a regional variant and frequently make it difficult to understand.

3.2. Structure (The grammatical structures and the relevant syntactic patterns are

determined by the functions of the appropriate language to the task): Imperfect domain of the

grammatical structures and the patterns of basic phrases in predictable situations. The mistakes

often affect the sense.

3.3. Vocabulary: The variety and the accuracy of the vocabulary are often sufficient for

communicate about current, concrete or professional themes, but the vocabulary is limited

and the choice of the often incorrect words. Often unable to turn to

parable correct in the lack of vocabulary.

3.4. Fluency: Capaz of producing enunciation, in the structures of the phrases and the pauses are

often inadequate. The hesitations or slowness in the processing of the language can

prevent effective communication. The use of language catchments is sometimes a

distraction factor.

3.5. Understanding: Understanding is often correct in current, concrete themes

and professionals when the accent or variety of speech used is sufficiently

intelligible to a community of international users. Can show difficulties of

understanding in complicated language or circumstantial situations or a change

unexpected from the events.

3.6. Interaction: The answers are sometimes immediate, appropriate and informative. Capable of

initiate and maintain dialogues with reasonable ease about familiar themes and in situations

predictable. Generally inadequate response to unforeseen changes of the

events.

4. Level 4 (Operational)

4.1. Pronunciation (Use of a dialect or an intelligible accent for the community

aeronautics): pronunciation, accentuation, rhythm and entothing are influenced by the

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first language or by a regional variant, but they only sometimes make it difficult to understand.

4.2. Structure (The grammatical structures and the relevant syntactic patterns are

determined by the functions of the appropriate language to the task): The grammatical structures and

basic syntactic patterns are used with creativity and usually well

dominated. Errors may occur, not least in exceptional circumstances or

unforeseen, but rarely interfere with the sense.

4.3. Vocabulary: The variety and the accuracy of the vocabulary are sufficient to communicate

effectively on current, concrete and professional themes. Capable, often, of

use with success parable, in the lack of vocabulary, in exceptional circumstances or

unforeseen.

4.4. Fluency: Capaz of producing set out at a proper pace. Breaks can occur

of fluency in the change of a planned speech or with recourse to known expressions

for spontaneous interaction, but without this impeaching actual communication. Uses

in a limited way the markers or articulators of the speech. The use of catchphrases

linguistics is not a factor of distraction.

4.5. Understanding: Understanding is generally correct in current, concrete themes and

professionals when the accent or variety of speech used is sufficiently

intelligible to a community of international users. When the speaker sees himself

confronted with a complex linguistic or circumstantial situation or a change

unexpected in the course of events, understanding may be slower or require

clarifying strategies.

4.6. Interaction: The answers are usually immediate, appropriate and informative. Starts and

keeps the dialogue even when dealing with an unforeseen change in the course of the

events. Deals conveniently with misunderstandings treating from

check, confirm or clarify what is intended.

5. Level 5 (Advanced)

5.1. Pronunciation (Use of a dialect or an intelligible accent for the community

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aeronautics): The pronunciation, accentuation, rhythm and changedness, although eventually

influenced by the first language or by a regional variant, rarely make it difficult to

understanding.

5.2. Structure (The grammatical structures and the relevant syntactic patterns are

determined by the functions of the appropriate language to the task): Good systematic domain

of the basic and complex grammatical structures and syntactic patterns. Tries structures

complex, but it makes mistakes that sometimes undermine the sense.

5.3. Vocabulary: The variety and the accuracy of the vocabulary are sufficient to communicate

effectively on current, concrete and professional themes. Systematic appeal and

correct to parable. The vocabulary is, at times, idiomatic.

5.4. Fluency: Capaz of holding prolonged talks with relative ease over themes

family, but unable to vary the debit of speech as a stylistic instrument. Capable

of properly using markers and articulators of the discourse.

5.5. Understanding: Correct Understanding of current, concrete and professional themes and

generally correct when the speaker finds himself confronted with a linguistic situation or

complex circumstantial or an unforeseen change in the course of events. Capable

of understanding a range of varieties of speech (dialects or accents) or records.

5.6. Interaction: The answers are immediate, appropriate and informative. Generate effectively the

speaker / caller.

6. Level 6 (Top)

6.1. Pronunciation (Use of a dialect or an intelligible accent for the community

aeronautics): The pronunciation, accentuation, rhythm and changedness, although eventually

influenced by the first language or by a regional variant, almost never make it difficult to

understanding.

6.2. Structure (The grammatical structures and the relevant syntactic patterns are

determined by the functions of the appropriate language to the task): Good systematic domain

of the basic and complex grammatical structures and syntactic patterns.

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6.3. Vocabulary: The variety and the accuracy of the vocabulary are sufficient to communicate

effectively on a wide variety of familiar and unfamiliar themes. The

vocabulary is idiomatic, varied and adaptable to registration.

6.4. Fluency: Capaz of holding prolonged conversations with naturalness and effortless.

It varies the debit of speech for stylistic effects, for example to accentuate a

determined argument. It spontaneously uses markers and speech joiners.

6.5. Understanding: Understanding correct and systematic in almost all contexts,

even of linguistic and cultural subtleties.

6.6. Interaction: Interacting with ease in almost all situations. Is sensitive to clues

verbal and non-verbal and respond to them properly.

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ANNEX IV

Requirements to be associated with certificates granted to training organisations

1. It should be proven that training organizations dispose of staff and

appropriate equipment and function in an appropriate environment for the provision of the

training required to obtain or maintain the licences of traffic control instructors

air and air traffic controller licences. The training organizations must,

particularly:

a) Have an effective management structure and staff in quantity

sufficient and with adequate qualifications and experience to dispense a

training in consenting to the standards set out in this Law;

b) Have appropriate facilities, equipment and accommodation for the type of

training to be provided;

c) Revealing the methodology they use to establish the details of the

content, organization and duration of the training courses, of the plans of

operational training in the body of control and systems of competences for

the control bodies, which shall include the organisation of examinations or

evaluations. The qualifications of the examiners must be

detail indicated with regard to the related examinations

with the initial training, including training in simulator;

d) Provide proof of the existence of the quality management system to control

the observance and suitability of the systems and processes that ensure that the

training services provided meet the standards stipulated in the present

law;

e) Demonstrating the existence of both sufficient funding to drive the

training in accordance with the standards stipulated in this Law as

of sufficient insurance to cover the risks of the activities that

develop, in accordance with the nature of the dispensed training.

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2. Certificates must:

a) Mention the supervising authority issuing the certificate;

b) Mention the name and address of the candidate training organization;

c) State the type of certified services;

d) Contain a statement according to which the candidate training organisation

fulfils the requirements set out in Point 1;

e) Mention the date of issue and the period of validity of the certificate.