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Royal Decree 1070 / 2015, Of 27 November, Which Approve The Technical Standards Of Operational Safety For Restricted Use Airfield And Amending The Royal Decree 1189 / 2011, Of 19 August, Which Regulates The Procedure Of Emis...

Original Language Title: Real Decreto 1070/2015, de 27 de noviembre, por el que se aprueban las normas técnicas de seguridad operacional de aeródromos de uso restringido y se modifican el Real Decreto 1189/2011, de 19 de agosto, por el que se regula el procedimiento de emis...

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TEXT

Law 21/2003, of 7 July, of Air Safety, in Article 40, lays down the obligation for operators of aerodromes, airports and other airport facilities to comply with the safety conditions required in relation to air safety. with the design, construction, use and operation of the installation they manage. In relation to the airfields for public use, Royal Decree 862/2009 of 14 May 2009 approving the technical standards for the design and operation of public aerodromes and the Regulation on the certification and verification of airports and other airports In the case of public use, it develops the provisions of that provision by applying, with the necessary adaptations, Annex 14 to the International Civil Aviation Convention (Chicago 1944), as well as the certification requirements required by the Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91 /670/EC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC.

the case of the restricted use of aerodromes, the Community legislation has not considered it necessary to subject them to common rules, however, if it has had an impact on the need for Member States to regulate the a check of the restricted use aerodromes. Thus, recital 6 of Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulation (EC) No 216/2008 as regards aerodromes, air traffic management and services Air navigation and repealing Directive 2006 /23/EC provides that, in the field not covered by the Regulation in relation to aeronautical infrastructure, Member States should take proportionate measures to increase the overall level of air navigation the safety of recreational aviation and all commercial air transport. Currently, the only existing regulation in this respect is Order 1957/1966 of 26 October on conditions and standards for private airfields ("Official Gazette of the Air Ministry", No. 130, of October 29, 1966).

In this context, this royal decree in the exercise of the exclusive powers of the State in matters of air space control and air traffic, in which operational security is incarnated, establishes the technical standards of operational security due to the restricted use of aerodromes, with the understanding of such infrastructure, including the heliports, where commercial air transport operations of passengers, goods and mail cannot be carried out; including aerotaxi, in accordance with the definition of aerodrome for public and restricted use Royal Decree 862/2009 of 14 May 2009, to which this royal decree refers. The restricted use aerodromes are therefore intended to carry out other very varied air activities, including private and sports aviation, air work or flight schools.

However, the international standards established for air transport infrastructure, with the appropriate adaptations, have been taken as a reference for the determination of the technical standards of air transport. operational security due to restricted use aerodromes, establishing the minimum essential requirements to ensure operational safety on the basis of the critical aircraft for which the aerodrome is designed and the type of operations to which it is intended. The essential character of the technical standards determines that there can be no exemptions from their compliance. Additionally, the determination of the technical operational safety standards is done with sufficient flexibility to enable its application to the various infrastructures.

In addition, in order to facilitate their application and use by the interested parties, this royal decree approves the acceptable means of compliance in accordance with which the compliance with these technical standards is credited, without prejudice to the fact that This can be demonstrated by alternative means of compliance provided that a safety study justifies an equivalent level of operational safety.

The acceptable means of compliance with the technical standards have been developed, with appropriate adaptations to these restricted use infrastructures, from the latest amendments of Annex 14 to the Civil Aviation Convention. International, applicable since 14 November 2013, in particular the 6th edition, Volume I amendment 11A for aerodromes, and 4th edition, Volume II Amendment 5 for helipads.

The flexibility and proportionality in the establishment of technical operational safety standards and acceptable means of compliance determines their accommodation to the type of operations to which the infrastructure is intended. As a general rule, and without prejudice to the establishment of specific singularities for the infrastructure in which certain operations are carried out, acceptable means of common compliance are adopted for aerodromes in which the carry out health transport operations, fire operations, emergencies, those which are the basis of flight schools, maintenance centres and tourist flights, irrespective of the fact that such infrastructure provides services to users in general or limit their use to those users expressly authorised by the manager of the aerodrome. These acceptable means of compliance are also applicable to infrastructures exclusively intended for general aviation open to the use of any user, considering that given the generality of their use they are required more strict requirements for private aerodromes. For the latter, taking into account the type of operations which can be carried out on them, as well as the limitations of access to certain users, the technical standards of operational safety required, as well as the means of compliance.

The rating as an aerodrome of public or restricted use, as a result, relates to the type of operations that can be performed on the infrastructure and does not consider whether the aerodrome is open to all users or is use of their owners and the persons authorised by them.

Moreover, this royal decree establishes the necessary mechanisms of cooperation and coordination to properly integrate the exclusive competence of autonomous communities over aerodromes.

On the one hand, it gives effectiveness for the purposes of compliance with the technical standards of operational safety to the general provisions adopted by the autonomous communities in the exercise of their competences on the design of the infrastructure, provided that they have been favourably informed by the State Aviation Safety Agency. This report by the State Aviation Safety Agency is binding as regards the preservation of the state competence in the field of technical standards for the operational security of the infrastructure.

From another, for the purposes of the procedure it is expressly contemplated that the supervision carried out by the autonomous community in the procedure of authorization prior to the opening to the traffic accredits to the State Agency of Safety Air the compliance with the technical standards in the field of operational safety. Where the autonomous community does not supervise in such procedures the applicable technical standards in accordance with the autonomic rules of application, verification by the State Aviation Safety Agency shall be necessary, where appropriate, by means of (a) additional mechanisms for cooperation to be carried out with respect to operational security, without prejudice to the fact that the said pronouncement is, if provided for in the autonomous rules, in the authorisation procedure which is procedure. In order to preserve the state competence for operational safety, the alternative means of compliance with which the aerodrome is intended to be used must be approved or made binding by the State Aviation Safety Agency, which shall, in any event, be the subject of approval by aeronautical safety studies to justify that such means offer an equivalent level of operational safety.

In addition, additional cooperation mechanisms are envisaged giving maximum flexibility so that the appropriate arrangements can be reached to meet the specific needs of each situation.

The respective powers are thus safeguarded, while ensuring the application of the principles of cooperation and mutual trust and simplification of administrative burdens, as laid down in Law 20/2013, of 9 December, guarantee of the market unit.

Finally, for the purposes of checking compliance with operational safety conditions in restricted use aerodromes, this royal decree safeguards the respective competencies.

This royal decree also amends Royal Decree 1189/2011 of 19 August, which regulates the procedure for the issuance of reports prior to the planning of aeronautical infrastructure, establishment, modification and opening to the traffic of autonomous aerodromes, in order to make the concept of an eventual aerodrome more flexible and to equate the treatment of the verification of compliance with the technical standards of operational safety of aerodromes of restricted use in the processing of the reports provided for in Article 9.2 of Law 21/2003 of 7 July 2003, provided for in that standard in respect of airport certification or verification of airports and other public aerodromes.

In addition, it is in line with the current regime for ultra-light aircraft operations, since, in accordance with the technical standards of operational security of the infrastructure, its compliance meets the needs of the the safety of the flight centres covered by the Order of 24 April 1986, which regulates the flight of ultra-light aircraft. Thus, flight centres are deleted and the regime of flight schools, flight heads and requirements for the exercise of the operation are adapted.

In the processing of this royal decree, which is issued in accordance with the authorization to the Government provided for in the fourth final provision of Law 48/1960, of July 21, on Air Navigation and final disposition of the Law 21/2003, 7 July, the opinion of the Autonomous Communities has been taken into account and the sector and the Consumer and Users Council have been heard.

In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation by the Council of Ministers at its meeting of the day 27 November 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

This royal decree aims to establish technical standards for the operational security of restricted-use civil airfields and limitations on use and operation for operational security reasons, as well as to approve acceptable means of compliance with those technical standards, to regulate the procedure for checking its application and the information which should be disclosed, if appropriate, by the Air Information Publication. (AIP).

Article 2. Scope.

1. This royal decree applies to restricted use aerodromes established in Spanish territory.

2. Excluded from the scope of this royal decree are the possible restricted aerodromes. For these purposes, the following are possible aerodromes as defined in Article 2 (b) of Royal Decree 1189/2011 of 19 August 2011 governing the procedure for the issuance of reports prior to the planning of aeronautical infrastructure, Establishment, modification and opening to the traffic of autonomous aerodromes.

The exclusion from the scope of this royal decree of any aerodromes does not relieve the operator of the duty to have the relevant authorizations in accordance with the rules that are applicable and with the permission of the owner of the surface.

Article 3. Definitions.

For the purposes of this royal decree is understood by:

(a) Manager, the holder of the aerodrome or the natural or legal person designated by the aerodrome to perform the tasks of management of the infrastructure, with the obligations laid down in Article 40 of the Law of 21/2003, of 7 July, Air Safety.

(b) Restricted use Aerodrome, any infrastructure, including those for ultra-light aircraft, hydroaerodromes and heliports, other than public use aerodromes as defined in Article 1.3 of the Royal Decree 862/2009 of 14 May 2009 approving the technical standards for the design and operation of public aerodromes and the regulation of certification and verification of airports and other public aerodromes.

Article 4. Classification of aerodromes of restricted use.

For the purposes of compliance with the technical operational safety standards set out in this royal decree, restricted use aerodromes are classified as:

(a) specialised restricted aerodromes, hereinafter referred to as specialised aerodromes, in which health transport operations, fire fighting and transport of the means attached to fire fires are carried out; maintenance on the basis, flight schools or tourist flights, irrespective of whether their use is limited to users expressly authorised by their manager or offering their services to any user.

In addition, specialized aerodromes are considered to be intended for general aviation operations that offer their services to all users.

(b) restricted private use aerodromes, hereinafter referred to as private aerodromes, which can only be used by the holder of the airport installation and by the persons to whom its manager allows access for the airport performing operations other than those provided for in the first subparagraph of point (a).

Article 5. Competencies.

1. The State Aviation Safety Agency is competent to:

(a) The exercise of the function of inspection, auditing and monitoring of compliance with the operational security conditions established in this royal decree and its development and enforcement provisions.

The exercise of this inspector's function shall be governed by the provisions of Law 21/2003 of 7 July, and the Aeronautical Inspection Regulation approved by Royal Decree 98/2009 of 6 February.

b) Resolve on compliance with the technical operational safety standards set out in this royal decree.

c) Accept the proposed alternative means of compliance and approve the aeronautical safety studies foreseen in this royal decree.

2. The provisions of paragraph 1 (a) and (b) do not prevent the application of the cooperation mechanisms with the corresponding autonomous communities, as provided for in this royal decree.

Article 6. Implementing rules.

As not provided for in Chapter V, the procedure for checking compliance with the technical standards of operational safety of restricted use aerodromes is applicable to the provisions of the legislation regulatory procedure for the common administrative procedure.

Article 7. Sanctioning regime.

The failure to comply with the technical standards of operational safety and the limitations of use and operation established in this royal decree and its implementing and enforcement regulations constitute administrative infringement in the field of civil aviation, and the sanctioning regime provided for in Law 21/2003 of 7 July 2003 shall apply to it.

CHAPTER II

Restricted use aerodromes use and operation requirements

Article 8. Operational safety technical standards and design parameters for restricted use aerodromes.

1. The design and operation of the restricted use aerodromes shall be in accordance with the technical operational safety standards set out in Chapter III, in a manner appropriate to the operational safety requirements arising from the type of aircraft which is intended to use the infrastructure and the type of operation they perform.

2. The design parameters of the restricted use aerodromes shall be determined on the basis of the dimensions of the aircraft to be used:

(a) In the case of aerodromes, other than heliports, a reference alphanumeric key corresponding to the size of the aircraft taken into account for its design shall be assigned to them, as provided for in Annex I.

(b) In the case of heliports or areas of aerodromes defined to be used for the arrival, departure or movement of helicopters, the design parameters, which are specified in Annex II, shall be determined taking care of the dimensions and key of the performance of the helicopters that will use the helipad.

Article 9. Verification of compliance with technical operational safety standards.

1. Prior to the opening to the traffic of the restricted use aerodromes or their modifications, compliance with the technical operational safety standards shall be established, through the procedures provided for in Chapter V.

2. Verification of compliance with the technical operational safety standards shall be carried out in the authorisation procedure prior to the opening to the traffic of restricted use aerodromes or their modifications processed by the autonomous community, where, in accordance with the autonomous rules applicable to those proceedings:

(a) Correspond to the competent regional body to ensure compliance with the technical standards of infrastructure design.

(b) The processing of the procedure provides for the report of the competent state authority on operational security.

3. In the rest of the assumptions, the State Aviation Safety Agency will decide on compliance with technical operational safety standards.

Article 10. Limitations of use and operation.

1. The absence, limitation, suspension or revocation of the resolution of the State Aviation Safety Agency or, as appropriate, as provided for in Article 9, of the authorization of the autonomous community to demonstrate compliance with the rules Operational security techniques established in this royal decree means the loss or limitation of the aerodrome's capacity for air operations.

2. In addition and without prejudice to compliance with other additional requirements required by the autonomic rules of application, the restricted use aerodrome may only be used by aircraft of a size equal to or less than the aircraft taken in account for its design.

In case, occasionally, the aerodrome is to be used by an aircraft of size or performance superior to that taken into account for its design, an aeronautical safety study shall be presented to ensure a level of equivalent operational security and to be approved by the State Aviation Safety Agency, in accordance with the following procedure:

(a) In the case provided for in Article 9.2 (a), by means of a mandatory and binding report of the State Aviation Safety Agency, after approval by the State Aviation Safety Agency for the safety of the aircraft, alternative means of compliance, issued prior to its admission by the competent authority of the autonomous community for the purposes of the procedure for the authorisation of the opening to traffic or its modifications.

b) In the rest of the cases, by means of a resolution of the Director of Aviation Safety and Air Navigation, in which this is agreed upon prior approval of the aeronautical safety study, issued at the request of the manager airport airport directly submitted to the State Aviation Safety Agency or through the competent authority of the Autonomous Community where it is provided for in the applicable regional rules.

3. Aircraft operations in restricted use aerodromes shall be carried out exclusively in accordance with the rules of visual flight, either VFR or VFR at night, in accordance with the operational safety standards which, in each case, have been accredited by the infrastructure in accordance with the verification procedures provided for in this royal decree.

Article 11. Obligations of the operators of restricted use aerodromes.

1. It is the responsibility of the restricted use aerodrome manager:

a) Meet the technical operational safety standards set forth in this royal decree and the limitations of use and operation established in the previous article.

(b) Obtaining, prior to the opening to the traffic of the infrastructure or its modifications, the resolution of the State Aviation Safety Agency that the compliance with those technical standards, except where in accordance with Article 9.2, the verification of compliance with those rules is substantiated in the procedure for the authorisation of the opening of the traffic or its modifications dealt with by the autonomous community.

(c) Refrain from receiving air operations when, prior to the opening of the traffic or subsequent modifications affecting the operational security conditions, it does not have the resolution of the State Agency Air Safety or, in the cases provided for in Article 9.2, with the authorisation of an autonomous community issued after the report of the State Aviation Safety Agency.

d) Develop and maintain updated user-relevant data on the infrastructure and services available, making them available to them with due speed through a sufficiently comprehensive means of communication safe and fast. These data must be accurate, readable, complete and unambiguous.

2. The contractual and non-contractual liability of the manager for damages caused to third parties for the absence, limitation, suspension or revocation of the said resolution or authorization shall be governed by the provisions of the civil legislation or mercantile.

CHAPTER III

Technical standards for operational safety of restricted use aerodromes

Article 12. Landing and take-off areas.

1. Restricted use aerodromes, other than heliports, shall have a designated area for the landing and take-off of aircraft, which shall be on track, which shall meet the following conditions:

a) Its dimensions, orientation and characteristics shall be appropriate for aircraft to use the infrastructure.

(b) Pending and pending changes shall be designed in such a way as to facilitate the rapid evacuation of water and not to create an unacceptable risk for the operation of aircraft.

c) Their resistance shall be sufficient to support repetitive operations of the intended aircraft.

d) The characteristics of its surface shall be suitable for the use of the intended aircraft.

e) If there are multiple tracks, the configuration of the tracks will be such that it does not create an unacceptable risk to aircraft operations.

2. The restricted heliports shall have at least one final approach and take-off area (FATO), cleared of obstacles, which shall meet the following conditions:

a) You will have the appropriate dimensions for the type of helicopters planned.

b) The slope of its surface will facilitate rapid drainage and will not create an unacceptable risk for helicopter operations.

(c) The surface of the FATO shall have sufficient resistance to withstand loads of the critical helicopter under conditions to be determined by the operation and shall be suitable for low-rise flyover in landing operations and liftoff.

(d) The location of a FATO at or in the vicinity of FATO shall not be an unacceptable risk to operations.

3. In addition to the provisions of paragraph 2, the restricted heliports shall have at least one initial contact and lift area (TLOF). The TLOF will meet the following conditions:

a) It shall have the appropriate dimensions and location for the intended helicopters.

b) Your slope will prevent water accumulation without creating an unacceptable risk to helicopter operations.

c) It shall have sufficient resistance to withstand the loads of helicopters under conditions to be determined by the operation.

Article 13. Protection zones.

1. The track of restricted use aerodromes, other than heliports, shall be surrounded by a defined area, hereinafter referred to as the runway, intended to protect aircraft flying above it during take-off or take-off operations. landing, or to mitigate the consequences of too short landings or runway exits on one side or the end.

The track strip will meet the following conditions:

a) Their length and width shall be of the dimensions appropriate to the operations of the aircraft to be used by the infrastructure.

(b) It shall be free of objects which may create an unacceptable danger to aircraft operations, which shall not prevent the possibility of being placed in such areas if it is necessary to assist the operations of the aircraft. aircraft.

c) Its slope and slope changes will facilitate track drainage and will not create an unacceptable risk to aircraft operations.

d) Their resistance and levelling will be sufficient to reduce the risk of damage to aircraft coming off the runway.

2. The FATO of the restricted use heliports shall be surrounded by a safety area, not necessarily solid, to reduce the risk of damage to aircraft that deviate from the FATO. The security area will meet the following conditions:

a) It will have its location and geometry according to that of its FATO and the critical aircraft.

(b) It shall be free of objects which may create an unacceptable danger to helicopter operations, which shall not prevent the possibility of a frangible equipment being placed in these areas if it is necessary to assist the operations of the helicopters. helicopters.

c) The surface shall have geometric continuity with the FATO, a slope that does not put operations at risk and must be suitable for the effects of the downstream rotor.

Article 14. Shooting streets.

1. The areas of the restricted use aerodromes, other than the heliports, which, together with the associated adjacent ones, are used for the filming of aircraft, in the forward streets of service, shall be designed in such a way as to enable the aircraft to be used by the facility to operate safely under all the conditions laid down.

Shooting streets will meet the following conditions:

a) They will have the appropriate dimensions to the operations of the aircraft that will use the infrastructure.

(b) Changes in direction, curves, junctions and intersections of the taxiing streets shall be designed in such a way that they do not create an unacceptable risk to aircraft operations.

(c) Where there are several areas intended for taxiing streets, their separation distances shall be such that they do not create an unacceptable risk to the operations of the aircraft to be used.

d) Pending, pending changes, as well as the drainage of standing water from the taxiing streets will be designed in such a way that they do not create an unacceptable risk to aircraft operations.

e) The resistance of the taxiing streets shall be sufficient to withstand the repetitive operations of the aircraft using the infrastructure, except those areas for occasional use, which shall only have to be support the aircraft.

f) The characteristics of the surface of the taxiing streets shall be suitable for the use of the intended aircraft.

g) The taxiing streets shall be surrounded by areas which are spread symmetrically, known as strips of the taxiing streets, intended to protect aircraft in the event of exit from the taxiing street and to support the passage of vehicles which operate in these areas.

2. On the restricted use heliports, when necessary to enable the safe and fast movement of aircraft, streets and run-in routes on land or streets and air taxiways will be available.

Streets and taxiways will meet the following conditions:

a) They will have the appropriate geometry for the aircraft to be used.

b) Dispose of a slope for rapid drainage without the operations being put at risk.

(c) They shall have sufficient resistance to withstand the loads of the aircraft and a surface suitable for the effects of the downstream rotor.

d) Be free of objects that can create an unacceptable danger to helicopter operations, which will not prevent the possibility of frangible equipment being placed on the taxiway routes if necessary to assist operations of helicopters.

Article 15. Waiting points.

The design of restricted use aerodromes, other than heliports, should provide for the establishment of defined waiting points which aim to protect the runway at the aerodrome during take-off or take-off operations. landing.

Article 16. Parking platforms.

The areas of a restricted use aerodrome, intended for the parking of aircraft, commonly referred to as parking platforms, as well as the service operations thereof, shall be located and designed in a manner their use does not create an unacceptable risk to aircraft operations.

Article 17. Restriction and removal of obstacles.

1. The airspace around the restricted use aerodromes shall be kept free of obstacles in order to ensure that the planned aircraft operations can be carried out safely. The design and operation of the restricted use aerodrome shall include the establishment of obstacle-limiting surfaces which shall mark the limits to where the objects may be projected in the airspace.

2. Any invasion of the obstacle-limiting surfaces shall require the aerodrome operator to carry out an assessment to determine whether the object creates an unacceptable risk to aircraft operations. If so, and subject to the provisions which, in each case, result from application, the obstacle must be removed and, if not possible, the appropriate operational measures should be taken to protect aircraft using the aerodrome.

Article 18. Visual aids and electrical systems.

1. The restricted use aerodrome shall have the indicators, including wind direction indicator, signs, beacons and lamps that are appropriate to the intended use, recognisable and provide unambiguous information to users in all Member States. planned operating conditions.

2. Any object deemed to be a hazard for navigation shall be identified and, as necessary, identified and, where appropriate, made visible by means of lamps.

3. Areas of aerodromes whose use is restricted to aircraft shall be appropriately marked and shall provide unambiguous information to users in all the operational conditions envisaged.

4. Visual aids and their electrical power systems shall be designed in such a way that a possible failure does not result in inappropriate, misleading or insufficient information for all users, and does not interrupt an essential service.

Article 19. Aerodrome services and procedures.

In operation of restricted use aerodromes the manager:

a) Adopt an emergency procedure to cover emergency scenarios that may occur in or around the infrastructure.

(b) Guarantee that the infrastructure has adequate means and equipment for the rescue and fire extinguishing of the type of aircraft intended to be used by the infrastructure. These means shall respond to any incident or accident with due urgency and shall include at least extinguishing agents and means to use them appropriately if necessary.

(c) In specialised aerodromes, procedures shall be appropriate for the type of operations to be carried out, depending on whether they are tourist, health, fire, maintenance on base or school and, in the case of infrastructure in which the performance of tourist flights is envisaged, the manager shall have adequate financial coverage and solvency in the light of the liability of the operator against third parties in accordance with Article 1902 of the Civil code, according to the characteristics of the installation.

(d) Carry out a record of the operations performed at the aerodrome at which the aircraft registration is recorded and the type, time and date of the operation.

Article 20. Fenced.

The restricted aerodrome of use shall, where necessary, provide adequate means to prevent unauthorised or inadvertent access to the area of movement of aircraft or areas not accessible to the public of persons, vehicles or animals which may create a risk to operations, without prejudice to national and international animal protection provisions.

CHAPTER IV

Means of compliance with technical operational safety standards

Article 21. Acceptable means of compliance.

1. The acceptable means of compliance with the technical operational safety standards which are incorporated as Annexes III, aerodromes, and IV, heliports, whose observance of the technical standards of operational safety is accredited, are approved. set out in Chapter III.

2. Where the characteristics of the aerodrome do not correspond to those laid down in Article 8.2 or do not correspond to the types of aerodrome covered by the acceptable means of compliance adopted in accordance with this royal decree, at the request of the infrastructure manager, by resolution of the Director of Airport Security and Air Navigation of the State Aviation Safety Agency the acceptable means of compliance shall be adopted which, taking into account the design aircraft established by the manager, ensure a level of security equivalent to that provided for in this real decree. In another case the manager may choose to present alternative means of compliance as provided for in the following paragraph.

3. Compliance with the technical standards for the operational safety of restricted use aerodromes may be accredited by means of alternative means of compliance other than acceptable means of compliance, provided that it is technically justified. through an aeronautical safety study an equivalent operational level of safety.

These aeronautical safety studies and alternative means of compliance should be accepted by the State Aviation Safety Agency, in accordance with the procedure laid down in Article 10.2.

Article 22. Autonomous technical standards for the design of restricted use aerodromes.

1. The technical standards for the design of restricted use aerodromes adopted by the autonomous communities in the exercise of their aerodromes competence shall demonstrate compliance with the provisions of Articles 12 to 20, inclusive, where they have been previously informed, on a binding basis as regards the preservation of the state competence, by the State Aviation Safety Agency.

2. The State Aviation Safety Agency shall draw up and keep up to date the list of provisions referred to in the previous paragraph to facilitate the use and knowledge by stakeholders.

CHAPTER V

Procedures for verifying compliance with the technical standards of operational security and monitoring of their maintenance

Section 1. Mechanisms of cooperation with the autonomous communities

Article 23. Checking procedure using the monitoring performed by the stand-alone community.

1. In the cases referred to in point (a) of Article 9.2, the supervision of compliance with the technical operational safety standards carried out by the regional authority responsible for ensuring compliance with the technical standards for the design of the infrastructure, shall be accredited to the State Aviation Safety Agency.

For these purposes, prior to the decision on the authorisation of the opening to traffic or of its amendments, that body shall send a report to the State Aviation Safety Agency in which the data are recorded. relating to the location and uses of the infrastructure, the design parameters, reference keys, types of operation and identification data of the manager, the verification of compliance with the technical operational safety standards and their result.

2. The accreditation of compliance with the technical operational safety standards in this procedure shall be carried out, as appropriate, through the acceptable means of compliance provided for in Articles 21.1 and 2, or 22, or, subject to binding report of the State Aviation Safety Agency, through the alternative means of compliance referred to in Article 21.3.

3. Within a maximum of five days from the day following the day of receipt of the report provided for in paragraph 1, including compliance with the infrastructure of the technical operational safety standards, the State Agency shall: Air Safety shall issue a report expressly stating that, in accordance with the verification carried out by the competent authority of the Autonomous Community, compliance with the technical operational safety standards is hereby established. provided for in Chapter III. The report of the State Aviation Safety Agency shall be forwarded to the competent authority of the Autonomous Community.

Article 24. Verification procedure by means of a report of the State Aviation Safety Agency.

1. In the cases referred to in Article 9.2 (b), the State Aviation Safety Agency shall, without prejudice to any other extreme which is required, incorporate the report referred to in that provision as the result of the verification of compliance with the technical standards set out in this royal decree.

The report of the State Aviation Safety Agency will be binding in terms of the preservation of state competences.

2. In this procedure, the accreditation of compliance with the technical operational safety standards shall be carried out through the means provided for in Article 21.

3. Without prejudice to the resources provided for in the report of the State Aviation Safety Agency as provided for in the regulatory legislation of the common administrative procedure, this same report may be contested in the case of the the decision of the Autonomous Community to terminate the procedure to which it has been incorporated.

Article 25. Other mechanisms for cooperation with the autonomous communities.

1. In the cases referred to in Article 9 (2) and (3), the State Aviation Safety Agency and the competent authority of the autonomous community may agree, by means of a subscription to the relevant cooperation agreement, of the cooperation for the exercise of the respective powers in the verification of the technical standards of restricted use aerodromes.

Among other mechanisms, cooperation may be carried out by means of the admission by the State Aviation Safety Agency of the verification reports of the technical standards issued by the competent authority of the Autonomous Community of the effects of the accreditation of such compliance, the setting up of working groups with this object or other additional mechanisms which make it possible to integrate the respective competences within the procedures to be followed by the to be brought before the respective public administrations.

2. Where provided for in the autonomic legislation resulting from the application or, in accordance with the provisions laid down therein, as agreed by the competent authority of the autonomous community, the State Aviation Safety Agency may report on compliance with the the technical standards for the operational safety of restricted use aerodromes, prior to the construction or modification of the infrastructure.

Section 2. First Procedure before the state air safety agency

Article 26. Initiation of the procedure prior to the opening to traffic.

1. In the cases referred to in Article 9.3, prior to the opening to the aerodrome traffic, the infrastructure manager shall request the State Aviation Safety Agency to verify compliance with the technical standards of the aerodrome. operational security and the issue of the resolution as appropriate. This request shall be made through the competent authority of the Autonomous Community where the opening to traffic of the infrastructure is to be authorised in accordance with the applicable regional rules.

2. To the request the manager shall accompany a technical study signed by a competent authority, which establishes that the aerodrome, its facilities, systems, equipment, services and procedures comply with the provisions of this royal decree, through the means provided for in Article 21.

This technical study will be accompanied by supporting technical documentation.

3. The State Aviation Safety Agency shall keep available on its website standard models of application form and the relationship of the documentation to accompany it.

Article 27. Instruction and resolution of the file.

1. The State Aviation Safety Agency shall analyse the documentation provided and shall carry out at any time the procedure, where appropriate through the collaboration mechanisms agreed with the respective autonomous community, the inspections, on siteverifications, investigations or verifications that it considers necessary for the issuance of the resolution to be carried out on compliance with the technical standards for the operational safety of restricted use aerodromes.

2. The Director of Aviation Safety and Air Navigation of the State Aviation Safety Agency shall decide on the application within the maximum period of six months. After that time limit without any express resolution, the application shall be deemed to be dismissed in accordance with the provisions of the additional twenty-ninth provision of Law 14/2000 of 29 December of fiscal, administrative and administrative measures. of the social order.

3. The decisions of the Director of Aviation Safety and Air Navigation shall be made available to the Director of the State Aviation Safety Agency in accordance with the provisions of Article 4 of his Statute, approved by the Royal Air Safety Agency. Decree 184/2008 of 8 February.

Article 28. Modification of the operational security conditions of the aerodrome.

1. In the cases referred to in Article 9.3, any functional or structural modification which may affect the technical standards of subsequent operational security, as the case may be, at the opening of the traffic or the resolution provided for in the The following article shall be communicated by the airport operator to the State Aviation Safety Agency, through the competent authority of the autonomous community where the latter is required to authorise the opening to the traffic of the modification, at least with a month in advance with respect to the date of its implementation.

Within 20 days of receipt of the communication, the Director of Airport Security and Air Navigation of the State Aviation Safety Agency shall decide whether, in the light of the modifications to be made, it is necessary to amend the resolution or report to demonstrate compliance with the technical standards for the operational safety of restricted use aerodromes on the basis of the intended change.

Whenever elements such as the operating category of the flight track, the configuration of the flight field, the aerodrome determining aircraft or other substantial, structural or functional changes are modified, require modification of the resolution.

2. The communication of changes in the aerodrome which may affect the technical standards of operational safety of restricted aerodromes shall be accompanied by the documents justifying their attachment to the rules laid down in this royal decree and their development and implementation arrangements, including, where appropriate, the nature of the amendments to be implemented, a technical study signed by a competent authority to demonstrate compliance with the technical standards. The non-contribution of this study, in any case, will be a sub-standard requirement when the State Aviation Safety Agency agrees to the need for verification of the planned modifications.

3. Agreed on the need for verification that the planned modifications are in line with the provisions of this royal decree, the deadline for resolving and notifying the amendment of the favourable resolution of verification of compliance with the technical standards The operational safety of restricted aerodromes shall be six months, after which, without any express resolution, the verification of compliance with the technical standards for the operational safety of aerodromes shall be understood to be restricted is unfavourable, in accordance with the provisions of the additional provision Twenty-ninth of Law 14/2000, of December 29, of Tax, Administrative and Social Order Measures.

Section 3. Vency of checking operational safety and monitoring technical standards

Article 29. Effective.

State Air Safety Agency resolutions or reports provided for in this Chapter shall be in force for an indefinite period, in respect of compliance with technical operational safety standards, without prejudice to the provisions of this Chapter. monitoring provided for in the following Article, as well as the review that comes in accordance with the outcome of the review.

For these purposes in the cases provided for in Article 9.2, where, in accordance with the regional rules of application, the procedure for authorisation to open the aerodrome of restricted use or its subsequent amendments require their renewal, only the report of the State Aviation Safety Agency, where appropriate, shall be obtained where the actions provided for in Article 23.1 are carried out, where the competent body of the autonomous community is established. modification of the conditions under which such reports were granted.

Article 30. Monitoring the maintenance of operational safety technical standards.

In the supervision of the maintenance of the technical standards of operational security, the institutional cooperation mechanisms referred to in Article 25.1 shall apply.

CHAPTER VI

Aeronautical Information Publication

Article 31. Publication of Aeronautical Information.

1. In the Spanish Aeronautical Information Publication, in a separate section and with the express warning that before planning its use the person responsible for the operation must ensure that it can do so, since, except for emergencies, these infrastructure has limited specific air operations that can be performed on them and their access may be restricted to authorised users, information on:

a) The name of the restricted use aerodrome manager.

b) The designation and location of the aerodrome.

c) The coordinates of the aerodrome reference point (ARP).

2. The quality requirements for this information and the person responsible for providing them shall be laid down in the agreements signed by ENAIRE, an entity responsible for the provision of the Spanish State aeronautical information service.

Single additional disposition. Existing regional rules.

The observance by the heliports to which the provisions of Decree 248/2000, of July 24, by which the Regulation of Law 11/1998, of 5 November, of heliports, of the Generality of the Catalonia, it provides evidence of compliance with the technical operational safety standards set out in Articles 12.2 and 3, 13.2, 14.2, 16, 17.1, 18.1, 19 (a) and (b), and 20 of this royal decree.

The enforcement by aerodromes for ultra-light aircraft to which the provisions of Decree 94/1986 of 20 March, the regulator of the aviation fields for ultra-light-structure aircraft, of 20 March, are applicable. the Generality of Catalonia, credits the compliance with the technical operational safety standards set out in Articles 12.1, 13.1, 14.1, 15, 16, 17.1, 18.1, 19, points (a) and (b) of this royal decree.

First transient disposition. Authorized restricted use aerodromes.

1. Restricted use aerodromes authorized prior to the entry into force of this royal decree, may maintain the authorized configuration without the need to introduce modifications. However, the structural or functional modifications that are made after its entry into force must conform to the provisions of this royal decree.

2. Within four months of the entry into force of this royal decree, the operators of the aerodromes referred to in the preceding paragraph shall communicate to the State Aviation Safety Agency, where appropriate, through the competent authority of the aerodrome. the autonomous community, its reference key, its performance class in the case of the heliports, and the activities performed by the aircraft that it operates.

3. The State Aviation Safety Agency shall transmit to the ENAIR Aeronautical Information Service the information on these aerodromes so that the arrangements referred to in Article 31.2 are formalised by that entity.

Second transient disposition. Transitional rules for aeronautical information.

Until the adoption of the specific sectoral regulations on aeronautical information to be completed by the regime on the agreements to be concluded by the aeronautical information service providers with the originators of data, the arrangements provided for in Article 31.2 may be subscribed, as appropriate, to the State Aviation Safety Agency or to the competent authority of the autonomous community, and, failing that, to the infrastructure manager.

If no such agreements are concluded, the infrastructure manager shall be obliged to provide the ENAIRE Aeronautical Information Service with the information provided for in Article 31.1 with the level of quality which, in accordance with the applicable rules, require that provider of aeronautical information services.

Transitional provision third. Transitional provisions in relation to procedures.

The procedures initiated before the entry into force of this royal decree, will continue to be processed in accordance with the provisions of the royal decree, keeping all the formalities carried out prior to that entry into force and without proceed, in no case, to roll back the performances.

If it is not possible to continue the processing of the procedure as provided for in this royal decree without rolling back the proceedings, the procedure will be in accordance with the provisions in force prior to the entry into force of this regulation. royal decree.

Final disposition first. Amendment of Royal Decree 1189/2011 of 19 August 2011 regulating the procedure for the issuance of reports prior to the planning of aeronautical infrastructure, establishment, modification and opening of aerodromes traffic autonomics.

The following amendments are introduced in Royal Decree 1189/2011 of 19 August, which regulates the procedure for the issuance of reports prior to the planning of aeronautical infrastructures, establishment, modification and opening to the traffic of autonomous aerodromes:

One. Article 1 (2) is amended to be amended as follows:

" 2. Excluded from the scope of this royal decree are the areas used by aircraft to deal with oversold emergency situations, such as medical operations, fire fighting or search and rescue, disasters natural or other equivalents. "

Two. Article 2 (b) is amended to read as follows:

" (b) eventual Aerodrome, the area suitable for use in aircraft which, in the opinion of the operator, meets the minimum conditions for the safety of operations and the use of which, except in the case of operations to which it is Article 1.2 does not exceed 40 operations per year, without exceeding 15 per month.

When the use of the surface exceeds the one provided for in the preceding paragraph, it shall be considered, for the purposes of this royal decree, as an aerodrome of restricted use. "

Three. Article 4.3 is amended as follows:

" In any event, the issuance of the report or certificate of favourable compatibility prior to the opening to the traffic of the autonomous aerodromes shall not require the aerodrome or the heliport to count, as appropriate, with the airport certificate, the favourable resolution of verification or verification of compliance with the technical standards required of the aerodrome concerned, as well as, where appropriate, the favourable report of the aerodrome of use verification restricted by the State Air Safety Agency, as provided for, respectively, in the Regulation on the certification and verification of airports and other aerodromes for public use, approved by Royal Decree 862/2009 of 14 May 2009 and Royal Decree 1070/2015 of 27 November 2015 approving the technical safety standards Restricted use aerodromes operational.

In such cases, where appropriate, the report or certificate of compatibility may be issued in accordance with Article 21.2. "

Four. Paragraph 3.2.2. of the Annex is worded as follows:

"3.2.2 In the case of restricted airfields for private use, the relationship of authorised users for the use of the aerodrome and the procedure laid down for its modification."

Final disposition second. Amendment of the Order of 24 April 1986 governing the flight in ultra light.

First. Chapters II and III of the Order of 24 April 1986, for which the flight in ultralight is regulated, are amended, which shall be drawn up in the following terms

" CHAPTER II

Flight schools

Article 3. School authorization for ultralight people.

1. Prior to the commencement of their activity, the ultra-light schools must have been authorized by the State Aviation Safety Agency, subject to accreditation of the requirements required in accordance with this order.

The authorization procedure shall be initiated at the request of the person concerned, in which the facilities, personnel and materials for the development of the activity must be included. The supporting documentation of such extremes shall be submitted together with the application.

2. By resolution of the competent security director of the State Aviation Safety Agency, within three months of the day following the day on which the application is submitted, the competent security director shall proceed to grant or refuse the application as appropriate.

The time limit provided for in the preceding paragraph without the express decision of the application shall be deemed to be refused by administrative silence, in accordance with the provisions of the additional twentieth provision. ninth of Law 14/2000 of 29 December, of fiscal, administrative and social order measures.

3. The decision referred to in paragraph 2 does not put an end to the administrative procedure and may be appealed against in the case of the Director of the State Aviation Safety Agency within one month of the day following the day of the date of the notification of the action referred to, without prejudice to the interposition of the replacement potestative resource.

Article 4. Personal and material means and responsibility for teaching activity.

1. Ultra-light schools shall at least provide proof that they operate at an aerodrome which has accredited the operational safety requirements required for the performance of these operations.

2. In addition, the ultra-light schools must have at least the following means:

a) A pilot, holder of an ultralight pilot's license, with the annotation of instructor enablement, in effect.

b) A dual-command ultralight.

c) A flight chief or person who meets the legal conditions to be so.

d) A radio communications system, or a signal system.

e) A kit for emergency health care.

3. Without prejudice to the functions corresponding to the head of flights as provided for in this order, the ultra-light schools shall develop their teaching activity under the supervision and responsibility of the ultra-light pilot with enablement instructor.

Article 5. Other obligations of ultra-light schools.

1. The ultra-light schools should carry the following documentation:

(a) The daily book of flights, consisting of the timekeeping sheets in which the flights performed by the pilots and students are recorded on a daily basis.

b) A monthly part of the school's activities, in an official model, formulated by the flight chief, which will be forwarded to the State Aviation Safety Agency within the first fifteen days of the following month.

2. In addition, the authorisation of the ultra-light school, issued by the State Aviation Safety Agency, must be clearly visible on its premises.

CHAPTER III

Activity

Article 6. Head of flights.

The infrastructure in which ultra-light aircraft is intended to operate must be provided by a head of ultra-light aircraft, which provides the following requirements:

a) Being older and holder of an ultralight pilot's license in force, with proven experience with the Directorate General of Civil Aviation.

b) Credit, at least, one hundred hours of flight.

Article 7. Functions of the head of flights.

1. The following functions correspond to the head of flight, in order to monitor flight activities:

a) Determine the beginning and end of flights.

b) Verify that flights are developed in accordance with current regulations.

c) Determine the procedures of the operation and the track in service.

d) Set the order of the flights.

e) Set the air-to-ground communications and vice versa or the placement of the signals.

(f) To identify, with their signature and the aerodrome seal, the certificates and time records of each flight of the ultralight pilots operating in the infrastructure.

2. The head of flight of an ultra-light school is responsible for carrying out the following functions:

a) Responsible, with your signature, of the timekeeping sheet at the end of the flights performed at the school, checking the accuracy of the logs.

b) Carry out test flights related to maintenance and flight safety of the school's ultra-lighters. This attribution may be delegated to an ultralight pilot expressly authorised by the flight chief for such operation.

Article 8. Operation of the ultralight.

1. Ultralight operations, in addition to taking off or landing from aerodromes which demonstrate compliance with the technical operational safety standards required for the infrastructure for the operation of these aircraft, in accordance with the the procedures laid down in the implementing rules and the authorisation of the infrastructure manager are subject to the following specific requirements:

a) The use of harness or seat belt for flight practice.

b) Operate at a maximum flight height of not more than 300 metres above ground or water.

c) Operate outside controlled, restricted, prohibited air spaces, over activated hazardous areas, urban areas, and people's agglomerations.

d) Operate in daytime visual flight weather conditions.

2. Exceptionally, for justified reasons and upon reasoned request to the State Aviation Safety Agency, some of the operational limitations referred to in paragraph 1 may be suspended. '

Second. The provisions modified in the previous paragraph may be subject to reform on the order of the Minister for Public Works.

Final disposition third. Competence title.

This royal decree is issued under the exclusive powers of air space control, transit and air transport, which attributes to the State Article 149.1. 20th of the Constitution.

Final disposition fourth. Development and application.

1. The Minister for Development is empowered to make the necessary arrangements for the development of this royal decree, and in particular to update the acceptable means of compliance, taking into account, as appropriate, the relevant provisions. amendments to Annex 14, Aerodromes, to the Convention for International Civil Aviation, or where it is deemed appropriate by technical criteria.

The Minister of Development is also enabled to establish acceptable means of compliance with specific categories of restricted use aerodromes such as altiports or mountain tracks and hydroaerodromes.

2. The Director General of Civil Aviation is enabled to, on the initiative of the State Aviation Safety Agency and taking into account the requirements and recommendations of the International Civil Aviation Organization (ICAO) and the (a) international agreements on which the Spanish State is a party, dictates by means of an aeronautical circular, the secondary provisions and technical content which supplement and clarify the application of the technical standards of operational safety restricted use aerodromes.

3. The Director of Aviation Safety and Air Navigation of the State Aviation Safety Agency may approve the technical guidance guidelines for the application of acceptable means of compliance, as well as the guidelines for the preparation of of the aeronautical safety study provided for in Article 21.3.

Final disposition fifth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on November 27, 2015.

FELIPE R.

The Minister of Development,

ANA MARIA PASTOR JULIAN