Article 149.1.20. of the Constitution gives the State exclusive competence in matters of airports of general interest, so that the autonomous communities may assume in their statutes powers in relation to the rest of the of aerodromes which do not merit such a qualification, in particular and in accordance with the provisions of Article 148.1.6., in relation to sports airports and, in general, non-commercial airports.

based on this distribution, the autonomous communities have been assuming in their statutes different competences in the field that in the last statutory modifications have been concretized, in many cases, in the the assumption of exclusive competence over airports and heliports that do not have a general interest rating.

However, the State retains other exclusive powers that have an impact on the autonomous powers of aerodromes. This is the case, in accordance with Article 149.1.20. of the Constitution, of the powers relating to the control of airspace, transit and air transport and meteorological services. This was understood by the Constitutional Court in Judgment 68/1984 of 11 June.

In the face of competition, autonomic and state, on airport infrastructure, Article 9.2 of Law 21/2003 of 7 July, of Air Safety, establishes the mechanisms of cooperation for its financial year. by means of the technique of issuing prior, mandatory and binding reports in the framework of their own powers.

According to the article itself and in application of the aforementioned constitutional doctrine, the report of the competent administration in the field of aeronautics has as its sole object to assure that, in the exercise of the autonomic competences, the exclusive powers of the State shall be preserved in accordance with Article 149.1.20. In particular, these reports are intended to ensure that the planning and eventual development of the autonomous aerodromes are compatible with the management and structure of airspace control, air traffic and air transport, and that affect the aeronautical easements and the areas of affection included in the plans of directors of airports of general interest and of air bases and military aerodromes.

For reasons of legal certainty, the regulatory development of this precept is necessary, among other issues and in the framework provided for by law, the rules of the procedure to which the issuance of the reports is subject provided for in the precept, the assumptions in which they are issued and the matters on which they are to be addressed.

Competition for the issuance of these reports is attributed to the Secretary of State for Transport, after the competent authority of the Ministry of Defense in the field of its competences. It is up to the Directorate General of Civil Aviation to issue the certificate on the compatibility of the airspace of the heliports, as established by the Air Safety Act.

This royal decree, with full respect for the autonomous powers in the field, does not specify the stage of the procedure for the approval of plans or instruments of management, authorization of establishment, opening to traffic or structural or functional changes, in which the respective reports should be requested, in full respect for the powers of the regional authorities in this field. It shall be the autonomous rules of application of these procedures which determine the time at which such reports are to be requested, in any event, which are prior to the approval or grant of the respective authorisations and which are they respect the time limits for their issuance.

This will allow for the application of the respective reports at an early stage of the procedure, where the aspects that will be evaluated are sufficiently concrete, avoiding unnecessary delays.

On the other hand, air safety is an exclusive state competence to the extent that the State is responsible, in the regulatory and executive field, for controlling the procedures, actions and means of the air safety. Civil aviation is safe and therefore the safety of air traffic and air transport.

This state competition is naturally occurring in the exclusive powers of the State in terms of air space control and air traffic, as it seeks to ensure the safe operation of aircraft. Additionally, the Constitutional Court has considered that the establishment throughout the national territory of uniform guarantees corresponds to the State.

On the basis of this competence, air space control and air traffic control in its operational safety aspect, Royal Decree 862/2009 of 14 May, approving the technical standards of design and operation of Public-use aerodromes and the certification of the State's airports of competition, incorporates the technical standards of design and operation of public use aerodromes contained in Annex 14 to the Convention to the Spanish legal system on International Civil Aviation, which is applicable to all public airfields, with the independence of the holder of his or her ownership or competence, and imposes the requirement of a certificate (ICAO) issued by a certifying authority, which shall be competent to monitor compliance with the technical standards imposed to ensure the security of air traffic operations.

Subsequently, 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 repeals Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, as amended by Regulation (EC) No 1108/2009 of the European Parliament and of the Council of 21 October 2009, mandatory certification of certain aerodromes, requiring that a supervisory authority single issue a certificate for each aerodrome.

Consequently, it is necessary to amend Royal Decree 862/2009 of 14 May 2009 and the Regulation on the certification of airports of competition of the State approved by it, in order to bring it into line with the provisions of international law and community.

For this purpose, airports are defined which, in accordance with Regulation (EC) No 216/2008, must be certified and the certification of those which are of regional competence is regulated. For systematic reasons and without prejudice to the concept of airport as set out in Article 39 of Law 48/1960 of 21 July of Air Navigation, the regulation reserves the designation of the airport with the qualifying certificate to those Public-use aerodromes which, in accordance with the Regulation itself and by application of Community legislation, must be certified.

All other airports and airports of public use, whether of state or regional competence, are subject to the verification of compliance with the technical standards of design and operation required for safety reasons. operational. For these aerodromes, the regulation reserves the name of public airfields.

In order to ensure that the autonomic powers are preserved in relation to the infrastructures subject to their competence, the necessary coordination mechanisms are established by means of the prior reports and, as an instrument of additional cooperation, provision is made for the establishment of a collegiate body which, where appropriate, strengthens the autonomous participation in the matter.

Under the current legislation, the competence for certification or verification of compliance with the technical standards by public airfields, corresponds to the State Aviation Safety Agency.

Finally, it is incorporated into Royal Decree 862/2009, of May 14, the verification of compliance with the technical standards of design and operation of the public aerodromes of those infrastructures on which the communities They have not exercised their powers.

For reasons of legal certainty and in the light of the plurality of amendments that need to be made to the State Competition Airports Certification Regulation, it is necessary to replace it in full and with the change its title to bring it into line with its new scope, keeping the previous regulation unchanged in what is not affected by the extension of the scope of the regulation.

Taking into account the allegations made by some autonomous communities in the handling of this royal decree, the mechanisms of cooperation in the establishment of legal easements imposed on the basis of the air navigation and in the issuance of reports to projects of the territorial and urban planning instruments that may affect them, to ensure that, as provided for in the single provision of Law 48/1960, 21 of July, these instruments incorporate the limitations imposed by the easements Aircraft. This is amended by Decree 584/1972 of 24 February 1972 on aeronautical easements.

Finally, this royal decree amends the second provision of Royal Decree 2591/1998 of 4 December 1998 on the Management of Airports of General Interest and its Service Zone, in execution of the provisions of the Article 166 of Law 13/1996, of 30 December, of Fiscal, Administrative and Social Order Measures, in order to give a homogeneous treatment to the deadlines for the processing of the reports to the plans or instruments of urban planning and territorial.

The provisions of this royal decree do not alter, nor affect the regulation contained in Royal Decree 1167/1995 of 7 July 1995 on the regime of use of aerodromes used jointly by an air base and an airport air bases open to civil traffic, the regulation of which remains fully in force.

In the handling of this royal decree, the opinion of the autonomous communities, competent in the field of aerodromes, has been taken into account, and the most representative organizations of the sector and the Council of Consumers and Users.

In its virtue, on the proposal of the Minister of Development and the Minister of Defense, with the prior approval of the Minister of Territorial Policy and Public Administration, in agreement with the State Council and prior deliberation of the Council of Ministers at its meeting on 19 August 2011,

DISPONGO:

CHAPTER I

General Provisions

Article 1. Object and scope of application.

1. The purpose of this royal decree is to establish the procedure for issuing the reports and certificates of compatibility provided for in Article 9.2 of Law 21/2003 of 7 July 2003 on Air Safety, prior to the establishment, amendment and opening up to the traffic of the autonomous competition aerodromes and to the approval of the planning instruments of the autonomous airport facilities.

In addition, this royal decree specifies the assumptions in which the issue of these reports and certificates of compatibility and the matters on which they should be dealt with.

2. Areas which do not have permanent infrastructure for the operation of aircraft used by aircraft to deal with emergency situations, natural disasters or equivalent situations are not covered by the scope of this royal decree.

Article 2. Definitions.

For the purposes of this royal decree is understood by:

(a) Aerodrome for public use and restricted use, those defined as such by Article 1.3 of Royal Decree 862/2009 of 14 May 2009 approving the technical standards for the design and operation of public use aerodromes and the Regulation on the certification and verification of airports and other public aerodromes.

(b) Possible Aerodrome, the area suitable for use by one or more aircraft, the use of which is limited in time to a maximum of 30 days per year and which has no permanent infrastructure for the operation of aircraft.

When the use of the aerodrome is for a higher time it will be considered, for the purposes of this royal decree, as aerodrome of restricted use.

(c) Air navigation services, as defined in Article 2 of Regulation (EC) 549/2004 of the European Parliament and of the Council of 10 March 2004 laying down the framework for the creation of the single European sky.

Article 3. Acts or provisions subject to report and certification of compatibility with the airspace and body competent to issue it.

1. The acts or provisions of the competent bodies of the autonomous communities in the field of aerodromes which assume:

shall be informed or certified as to be compatible with the airspace prior to that date.

(a) The approval of the planning instruments of the airport facilities and, in particular, those relating to the management of aerodromes and their service areas.

b) The approval or approval of establishment of new aerodromes.

c) The authorization of the opening to the traffic of the aerodromes.

(d) The approval or approval of modifications, structural or functional, in already constructed aerodromes that affect or may affect the structuring, management and management of airspace, flight procedures or the transit and air transport.

2. It is up to the Secretariat of State for Transport, on a proposal from the Directorate General of Civil Aviation and after the competent organ of the Ministry of Defense, to conform to the responsibilities of this department, the issuance of the reports prior to the approval or approval of the planning instruments of the autonomous airport facilities, and the establishment, modification and opening of the autonomous aerodromes, except in the case of heliports.

The certificate of compatibility with the airspace prior to the establishment, modification or opening to the traffic of the autonomous heliports will be issued by the Directorate General of Civil Aviation.

Article 4. Content of the reports and certificates of compatibility with airspace.

1. The prior, mandatory and binding reports provided for in Article 3.1 shall give an unequivocal statement on the impact of the planned actions and the planned air operations on them, in relation to:

a) The structure and management of airspace.

(b) The transit and control of air traffic and air navigation services, in particular air traffic services.

c) The communications, navigation and surveillance (CNS) network and its aeronautical easements.

(d) Air bases, military airfields and airports of general interest.

e) aeronautical easements, as well as the areas of affection collected in airport management plans of general interest.

f) Air transport.

This will take into account, among other relevant elements, the existence of other aerodromes in the area, their location, their aeronautical easements, the physical and operational characteristics, as well as the compatibility of the general airspace.

2. The compatibility certificates, which are mandatory and binding, prior to the establishment, modification and opening to the traffic of the heliports, shall be limited to the compatibility of the airspace of the installation.

3. In any event, the issuance of the report or certificate of favourable compatibility prior to the opening to traffic of the autonomous public airfields shall require the aerodrome or heliport to have the airport certificate or the resolution favourable verification, issued by the State Aviation Safety Agency as provided for in the Regulation on the certification and verification of airports and other public use aerodromes, approved by Royal Decree 862/2009 of 14 May 2009. In such cases, where appropriate, the report or certificate of compatibility may be issued in accordance with Article 21.2.

Article 5. Structural or functional modifications.

These are modifications, structural or functional, the authorisation of which, as provided for in Article 3.1 (d), must be previously informed or certified by air space compatibility, which they assume:

a) The change from restricted to public use.

b) Change over the aerodrome reference key as determined by Royal Decree 862/2009 of 14 May.

c) The change in the flight track category (VFR or IFR).

d) Changes in the flight procedures published for the flight track.

e) The airspace structure changes.

f) The creation of new flight paths or the variation of the thresholds or orientation of the existing ones and those that will result in the modification of the instrument category of the flight paths.

g) The establishment of new communication, navigation or surveillance (CNS) equipment.

(h) Any other functional or structural modification affecting the subjects which are the subject of a report as provided for in Article 4.

CHAPTER II

Planning instruments

Article 6. Planning of aerodromes and delimitation of their service areas.

The report prior to the approval of the planning instruments of the autonomous airport facilities and, in particular, those relating to the management of aerodromes and their service areas will be issued on the basis of provided for in Articles 7 and 8.

Article 7. Impact on airspace, transit and air traffic control.

To determine the impact of the planning instruments of the autonomous airport facilities in relation to the compatibility and needs of airspace, the transit and control of air traffic, the services air navigation and the communications, navigation and surveillance (CNS) network shall be taken into account:

a) All the planned infrastructures, whether new creation or modifications of the existing ones, and their location, taking into account the geographical coordinates of their point of reference in the WGS-84 system.

b) The air space needs of the planning, as well as the structure and rating of the airspace proposed for air traffic in the planning infrastructure, its compatibility with the air transport infrastructure, Pre-existing air traffic and the operations and procedures associated with other existing aeronautical infrastructure in the area.

(c) The communications, navigation and surveillance (CNS) facilities for air navigation that would be required, as provided for in the planning, and category of the intended flight procedures: visual flight rules (VFR) and Flight rules for instruments (IFR), precision or non-precision, as well as the needs of air navigation services for each case, taking into account the expected traffic demand and their corresponding categories.

Article 8. Impact on the aeronautical infrastructure of state competition, air transport and aeronautical services.

In order to determine the impact of the planning instruments of the autonomous airport facilities on airports of general interest, air bases, military airfields and air transport, it will be Account:

a) The impact on aeronautical easements and communications, navigation and surveillance systems (CNS).

b) The impact on the affected areas of the affected areas in the airport management plans of general interest.

c) The impact on air transport, for which the planned air traffic will be dealt with in the planning. In particular, the regulatory framework defining bilateral and multilateral air transport agreements shall be taken into account.

CHAPTER III

Public Use Aerodromes

Article 9. Establishment of public aerodromes.

To issue the report prior to the establishment of new public-use autonomous aerodromes other than the heliports, it will be taken into account:

(a) In relation to the compatibility and needs of airspace, the transit and control of air traffic and air navigation services and the communications, navigation and surveillance network (CNS):

1. The planned location of the infrastructure, length and orientation of the tracks, taking into account the WGS-84 coordinates of the aerodrome reference point (ARP) and the track or track thresholds.

2. º The operational forecasts of the aerodrome track or tracks, either for operations performed under visual flight rules (VFR) or instruments (IFR).

3. The planned structures of the airspace associated with the aerodrome. In the event that an instrumental flight is envisaged, inter alia, aeroways, control areas (CTA), terminal control areas (TMA), control areas (CTR) and aerodrome transit zones (ATZ).

4. The air navigation services associated with the infrastructure that are foreseen as necessary for their operation, whether air traffic control services (controlled aerodrome) or flight information services aerodrome and alert service (AFIS aerodrome); as well as communications, navigation and surveillance systems and equipment (CNS).

5. The impact of the planned uses of the infrastructure with pre-existing air traffic and the operations and procedures associated with other existing aeronautical infrastructures in the area.

(b) In relation to the impact on airports of general interest, air bases, military airfields and air transport:

1. The forecasts of air traffic in terms of its typology and expected demand.

2. The impact on aeronautical easements and communications, navigation and surveillance systems.

3. ° The impact on the areas of the condition foreseen in the directors ' plans of the airports of general interest.

Article 10. Opening to the traffic of public aerodromes.

1. In order to inform the authorisation of the opening to the traffic of autonomous public airfields other than the heliports, it shall be necessary for their establishment or modification to have been reported favourably.

2. The report shall take account of the maintenance of the data and information taken into account in the issue of the reports prior to the establishment or the amendment and, where appropriate, the fulfilment of the conditions laid down in the report. have been established. In particular, correspondence shall be considered:

(a) Of the regulatory aeronautical letters to be published.

b) Of the flight procedures and manoeuvres associated with the infrastructure, especially in relation to approximations, take-offs, instrument-normalized outputs (SID) and instrument-normalized arrivals (STAR).

(c) Where appropriate, of the planned airspace structures associated with the aerodrome, in particular the airports, control areas (CTA), terminal control areas (TMA), control areas (CTR) and aerodrome transit zones (ATZ) and other associated structures.

3. Account shall also be taken of the availability of the air navigation services associated with the infrastructure that are foreseen as necessary for their operation and their consistency with the structuring of the authorised airspace and the letters Aircraft. In particular, air traffic control services (controlled aerodrome), aerodrome flight information services and alert service (AFIS aerodrome); communications, navigation and surveillance services (CNS), where applicable, the deployment navigation aids (VOR, ILS, etc.) and other associated services.

Article 11. Structural or functional modifications in public use aerodromes.

In order to report structural or functional modifications in public-use autonomous aerodromes other than helipads, the provisions of Articles 9 and 10 shall be taken into account.

CHAPTER IV

Restricted Use Aerodromes

Article 12. Establishment and modifications of restricted use aerodromes.

To report on the establishment and structural or functional modifications of the restricted use of autonomous aerodromes other than heliports, it shall be taken into account:

(a) In relation to the compatibility and needs of airspace, the transit and control of air traffic and air navigation services and the communications, navigation and surveillance network (CNS):

1. The planned site according to the reference point coordinates and the type and characteristics of the determining aircraft.

2. The predicted orientation of the track or tracks to be constructed or modified.

3. ° Air space needs according to operational characteristics of the aerodrome and its intended communications, navigation and surveillance (CNS) network equipment.

4. The maneuvers and flight procedures to be performed on them.

5. The integration into the airspace.

6. The impact on other existing aeronautical installations.

(b) In relation to the impact on airports of general interest, air bases, military airfields and air transport, the provisions of Article 9 (b) shall be taken into account.

Article 13. Opening to traffic of restricted use aerodromes.

1. In order to inform the authorisation of the opening to the traffic of a restricted autonomous aerodrome of use other than the heliports, it shall be necessary to report in favour of its establishment or modification.

2. The issue of this report shall be sufficient to verify, in accordance with Article 20 (3), the maintenance of data and information taken into account in the issue of reports prior to the establishment or amendment and, in its case, the fulfilment of the conditions in which they were established.

CHAPTER V

Heliports permanent

Article 14. Setting and modifications of heliports.

1. The establishment and modifications of permanent autonomous heliports, whether for public or restricted use, shall require that, in each case, the certificate of compatibility with the airspace of the infrastructure has been previously issued. aeronautics.

2. In both cases, the provisions of Article 12 (a) shall be taken into account for the issue of the certificate of compatibility with airspace, only in so far as it is relevant for the purpose of determining such compatibility.

Article 15. Opening to the traffic of heliports.

1. The certification of the compatibility of the airspace of a permanent, public or restricted autonomous heliport, prior to the authorisation of its opening to traffic, shall only be carried out when a favourable certificate has been issued prior to its approval. setting or modification.

2. For the issue of the certificate of compatibility prior to the opening to the traffic of a permanent autonomous public helipad for public use, the provisions of Article 10 shall be taken into account.

3. For the issue of the certificate of compatibility prior to the opening to the traffic of a permanent autonomous heliport of restricted use, it is sufficient to verify, in accordance with the provisions of Article 20.3, that the data are maintained and information taken into account in the issuance of the pre-establishment reports or the modification and, where appropriate, the fulfilment of the conditions set out therein.

CHAPTER VI

Possible Aerodromes

Article 16. Eventual aerodromes.

1. Prior to the authorisation of the use of any possible autonomic aerodromes, including any heliports, within a controlled, restricted or dangerous area, or within the area of condition of another aeronautical infrastructure, the report or certificate of compatibility shall be sought, as appropriate, in the terms of Articles 12 and 14 respectively.

2. For the authorisation of the use of any other possible autonomic aerodromes, including heliports, it is sufficient to inform the State Aviation Safety Agency of its location and its period of use.

CHAPTER VII

Procedure

Article 17. Request and documentation.

1. The request of the competent authority of the Autonomous Community of the reports or certificates of compatibility covered by this royal decree shall be accompanied by the necessary documentation for the analysis provided for in Chapters II to VI. both included, as well as, where appropriate, the analysis which could have been carried out by the regional body on such extremes.

The annex relates to the documentation which, at the very least, must be submitted together with the application. Such documentation shall, as far as possible, be provided in electronic form.

2. The request for a report or certificate of compatibility shall be submitted to the Directorate-General for Civil Aviation and shall be addressed jointly to the Secretary of State for Transport and the Ministry of Defence, when the issue of the reports, or to the Directorate-General for Civil Aviation, when the issue of the compatibility certificates is requested.

Article 18. Procedure instruction.

It is for the Directorate-General of Civil Aviation to instruct, promote and process the procedure for the issuance of prior, mandatory and binding reports or certificates of compatibility, provided for in this chapter, without prejudice to the powers conferred on the Inter-Ministerial Defence and Development Committee (CIDEFO).

Article 19. Procedure for the issuance of reports in relation to public use aerodromes other than heliports.

1. If the documentation is sufficient, the Directorate General of Civil Aviation will forward the one corresponding to the Inter-Ministerial Commission between Defense and Promotion to the object that it is, within the maximum period of four months, to rule on the impact of the projected performance in relation to:

a) The structure and management of airspace.

b) Air traffic.

c) The communications, navigation, and surveillance (CNS) network.

(d) Aircraft easements of the air bases, military airfields, civil airfields for public use and communications, navigation and surveillance (CNS) and the areas of affection collected in the management plans.

2. Within the time limit laid down in the previous paragraph, the Directorate-General for Civil Aviation shall give an opinion on the impact of the action planned on air transport, where appropriate after the opinion of the entities and bodies whose powers could be affected by the report in this general direction.

Article 20. Procedure for issuing a report or certificate of compatibility in relation to the rest of the aerodromes.

1. Reports prior to the establishment and modifications of restricted use aerodromes and reports prior to the use of any aerodromes, except for heliports, provided for in Articles 12 and 16.1 respectively; shall be processed in accordance with Article 19.

2. The processing of the airspace compatibility certificates relating to the establishment and modifications of the permanent and eventual use heliports, provided for in Articles 14 and 16.1 respectively, shall be in accordance with the provisions of the Article 19.1.

3. The opening to traffic of a restricted use aerodrome or permanent helipad shall be reported or certified as compatible with the airspace, respectively, in a favourable manner without the need for the Commission's report to be obtained. Inter-ministerial between Defence and Promotion, provided that the competent authority of the Autonomous Community identifies the operator of the infrastructure and the aerodrome operator and notes the correspondence of the location, use and characteristics general aviation infrastructure with which they were used as the basis for the evacuation of the report or a certificate of compatibility prior to the authorisation of the establishment. In another case, it shall be carried out in accordance with Article 19.1.

The opinion or report issued by the competent body of the Autonomous Community in respect of the extremes provided for in the preceding paragraph, allows to prove these extremes to the Directorate General of Civil Aviation.

Article 21. Issue of reports or certificates of compatibility and time-limits.

1. The reports and the air space compatibility certificates shall be issued by the competent body in accordance with Article 3, after taking into account the opinions delivered as provided for in Articles 19 and 20.

The compliance of the competent authority of the Ministry of Defense will be obtained by the Directorate General of Civil Aviation, accompanying the proposal of the Report, where appropriate, the one issued by the Inter-Ministerial Commission between Defense and Promotion. For the issue of the air space compatibility certificates, the report issued by the said inter-ministerial committee shall be sufficient.

2. If the body responsible for issuing the report or certificate of compatibility considers, where appropriate, that the autonomous act or provision does not sufficiently guarantee the powers of the State, it shall establish in the same report or certificate the conditions for safeguarding those powers. In this case, the report or certificate of compatibility shall be of an unfavourable nature and the provisions of Article 23 shall apply to the accreditation of the conditions laid down.

The provisions of the preceding paragraph are without prejudice to those reports or certificates of compatibility prior to the establishment or modification of aerodromes which, having regard to the State's powers, anticipate the requirements or conditions which the competent authority considers to be met prior to the opening to the aerodrome traffic in order to maintain such a safeguard.

3. The time limit for the issue of the reports or certificates of compatibility shall be six months and shall begin to be taken into account from the date on which the complete documentation provided for in the Article has entered the Directorate-General for Civil Aviation. 17.

For the exclusive purposes of such computation, within 20 days of the date of registration of the entry into the Directorate General of Civil Aviation of the application for a report or certificate of compatibility, it shall resolve the The adequacy of the documentation submitted or, where appropriate, the additional documentation required.

The resolution on the adequacy of the documentation provided for in this paragraph does not prevent further documentation from being required during the procedure, if deemed necessary. In such a case, the time limit for the report of the report may be suspended for the time between the notification of the requirement and its effective compliance.

4. After the period of six months provided for in the preceding paragraph, without the application of the requested report or compatibility certificate, it shall be understood to be in favour, except in the case of reports or certificates of prior to the opening to traffic if the fulfilment of the requirement laid down in Article 4.3, which is to be regarded as essential for the purposes of Article 62.1 (f) of Law No 30/1992 of 26 November 1992, is not established; Legal status of public administrations and the common administrative procedure.

Article 22. The validity of the compatibility reports or certificates.

1. Compatibility reports and certificates shall be valid for two years from their date of issue.

2. If, during that period, no action has been carried out for which the approval or approval has been informed or certified of the compatibility of the airspace, or such execution has been suspended for any reason, to initiate or continue the performance of the action must be requested on a preliminary basis:

(a) The extension of the term of the report or the compatibility certificate, where the informed action could not have been carried out for justified reasons.

The extension of the validity of the report or compatibility certificate in no case will exceed 12 months.

b) The issuance of a new report or compatibility certificate, in the cases not provided for in the previous paragraph.

3. The decision on the provenance of the extension shall be issued by the competent body as provided for in Article 3.2 within three months of the date of application, taking into account the justification for the impossibility of carry out the intended action and the effects of the delay on other actions pending or on the extremes referred to in Article 4.

Article 23. Accreditation of the conditions set out in the report or compatibility certificate.

1. Where the report or certificate of compatibility has been issued as provided for in Article 21.2, the procedure for issuing a new report or certificate of compatibility shall be initiated by application to the Directorate-General Civil Aviation to which only the documentation of compliance with the conditions imposed shall be accompanied.

2. Verified the accreditation of the conditions imposed in the report or certificate of compatibility and without any other formalities, the Secretary of State of the Transports or the Directorate General of Civil Aviation, as the case, will issue the report or compatibility certificate as appropriate.

This report or certificate of compatibility shall only be delivered on compliance with the conditions imposed in the issued in accordance with Article 21.2.

3. The maximum period for issuing this report or certificate of compatibility shall be three months from the date of entry into the General Directorate of Civil Aviation of the documentation certifying compliance with these conditions. After this period has not been issued or the requested compatibility certificate has been issued, they shall be deemed to be in favour.

Single transient arrangement. Transitional provisions in relation to procedures.

The procedures initiated upon 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 performed prior to that entry into force and without, in no case, 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 862/2009 of 14 May 2009 approving the technical standards for the design and operation of public use aerodromes and regulating the certification of airports of State competence.

Royal Decree 862/2009 of 14 May 2009 approving the technical standards for the design and operation of public airfields and the certification of airports of State competition is amended as follows: follows:

One. The title "Royal Decree 862/2009", dated 14 May 2009, approving the technical standards for the design and operation of public use aerodromes and the Regulation on the certification and verification of airports and others is amended. Public-use aerodromes. "

Two. The single article, which is renumbered as Article 1, is amended to read as follows:

" Article 1. Technical standards for the design and operation of public aerodromes.

1. The technical standards for the design and operation of public aerodromes contained in Annex 14, "Aerodromes", to the Convention on International Civil Aviation, the text of which, with the appropriate adaptations, are incorporated into the Spanish legal order. is included as an annex to this royal decree.

2. The technical rules in the Annex apply to aerodromes open to public use.

The technical standards that are included as recommendations in the annex constitute mandatory technical standards for civil airfields for public use. However, the State Aviation Safety Agency may accept deviations from the recommendations of the Annex provided that:

a) Compliance with the recommendation is not reasonably practicable or a temporary extension is necessary for compliance, and

(b) The aerodrome manager for public use, by means of a risk analysis of the aerodrome's safety management system (SMS), accredit that the alternative measures it proposes provide sufficient guarantee for the maintenance of a acceptable level of security.

In addition, the State Aviation Safety Agency may request the operator of the aerodrome of public use to carry out an aeronautical safety study to analyse the non-compliance with the recommendation in question and to establish alternative measures considered to achieve acceptable levels of safety.

3. For the purposes of this royal decree, the civil aerodrome which provides services to any user without discrimination and is listed as such in the aeronautical information publication (AIP) of the Service is understood by public aerodrome. Aeronautical Information.

In any case, public airfields are considered to be used for civil aerodromes in which commercial transportation operations of passengers, goods and mail, maintenance of aircraft for transport are envisaged. commercial, flight school base for commercial pilots and aerotaxi, and tourist flights.

The rest of the aerodromes are considered to be restricted use aerodromes.

They are excluded from the concepts defined in this section, the military airbases and airfields, the civilian facilities in them, as well as the military zones and facilities of the airfields used jointly. by an air base or military aerodromes and an airport as defined in Royal Decree 1167/1995 of 7 July 1995 on the arrangements for the use of aerodromes used jointly by an air base and an airport and the air bases open to the airport Civil traffic.

4. Furthermore, the technical rules in the Annex shall apply to air bases open to civil traffic and to aerodromes used jointly by an air base and an airport to the extent that its application is compatible with the operational the same, according to the needs of the national defense. "

Three. A new Article 2 is added which is worded as follows:

" Article 2. Regulation on the certification and verification of airports and other public aerodromes.

The Regulation on the certification and verification of airports and other public airfields is approved, the text of which is included below. "

Four. A new third transitional provision is added with the following wording:

" Transitional provision third. Public use aerodromes open to traffic subject to verification by the State Aviation Safety Agency.

1. The managers of all civil aerodromes currently open to air traffic shall report to the State Aviation Safety Agency at the latest within three months of the entry into force of this provision if, in accordance with the provisions of the provided for in Article 1.3, are public use aerodromes, in other cases, demonstrating their status as an aerodrome of restricted use.

Information regarding the public or restricted use of the civil aerodrome shall be kept up to date in the aeronautical information publication (AIP). The public aerodrome operator is responsible for moving this information to the aeronautical information service (AIS), in accordance with the procedures of the public aerodrome manual.

2. Civil airfields open to traffic which, in accordance with the provisions of the previous paragraph, have revealed their status as public aerodromes, have a transitional period ending on 31 December 2013 for the purpose of the to carry out the necessary adaptation to the technical standards for the design and operation of public use aerodromes approved by this royal decree.

For this purpose, the airport operator shall, within three months of the end of the period provided for in paragraph 1, draw up the programme of actions for the adequacy referred to in the preceding subparagraph, which shall be shall be authorised by the State Aviation Safety Agency. In the case of autonomous public airfields, in respect of which the regional legislation on aerodromes provides for the Autonomous Community to be competent for the issue of reports, opinions or certificates in the field of standards Technical design and operation of aerodromes for public use, the approval of the State Aviation Safety Agency shall be carried out with the prior report of the Autonomous Community.

3. After the approval of the adequacy programme provided for in the previous paragraph, the State Aviation Safety Agency, with the opinion of the Autonomous Communities in the cases referred to in the second subparagraph of that paragraph, shall approve a the verification plan applicable to the airfields of public use which are in operation at the entry into force of this royal decree. The deadline for the implementation of the plan shall be 31 December 2016.

4. Civil aerodromes that do not present the program of actions for their suitability to the technical standards of design and operation approved by this royal decree, or that do not perform the works of adequacy as provided for in this provision Transitional, they shall be transformed into restricted use aerodromes, subject to full compliance with the rules governing them, or close their facilities.

The State Aviation Safety Agency shall verify compliance with the provisions of the preceding paragraph, and may adopt restrictive or sanctioning measures that proceed if the aerodrome continues to operate, after having ordered to be closed, or if it functions as a public aerodrome, after having been transformed into a restricted use aerodrome or having manifested that it has this condition.

5. The programmes of actions approved by the Secretary of State for Transport, as provided for in the first transitional provision, prior to the entry into force of this provision, shall continue to apply.

However, the State Aviation Safety Agency in the implementation of the airport certification plan in operation provided for in the second transitional provision and in relation to the non-gathering aerodromes of public use the requirements set out in Article 2.2 of the Regulation on the certification and verification of airports and other public aerodromes shall, within the time limits provided for in that plan, issue the verification resolution as appropriate. '

Five. The heading of the second final provision to which two new paragraphs, 3 and 4, are added, is amended as follows:

" Final Disposition Second. Development and application.

(...)

3. The Director General of Civil Aviation, acting in accordance with the procedure laid down in Article 8 of Law 21/2003 of 7 July 2003 on Air Safety, 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 international bodies of which the Spanish State is a party, will dictate by means of aeronautical Circular, secondary provisions and technical content which complete and specify the application of the technical standards for the design and operation of aerodromes for use public contained in the Annex for civil aerodromes, in particular those laying down the procedures for compliance with the provisions of the Annex.

4. The Director of Airport Safety and Air Navigation of the State Aviation Safety Agency shall approve the technical guidance guidelines for the application of the technical standards for the design and operation of public use aerodromes contained in the Annex to the civil aerodromes and shall adopt the instructions addressed to the personnel responsible for the certification, verification and monitoring of their compliance with the procedures to be applied in order to assess compliance with those standards.

5. The Director of Aviation and Air Navigation of the State Aviation Safety Agency shall publish on the website of the State Aviation Safety Agency the application criteria for the application to the aerodrome manager for public use. of the aeronautical safety studies referred to in the final paragraph of Article 1.2 of this royal decree. "

Six. A new third final provision is added, with the current final provision third to be renumbered as the fourth final provision, as follows:

" Final Disposition Third. Collaboration conventions.

By means of a collaboration agreement between the Ministry of Public Works and the Autonomous Community, instruments of cooperation may be agreed for the application of the provisions of Article 23 of the Certification Regulation. and verification of airports and other public use aerodromes '

Seven. The Regulation on the certification of competition airports of the State which is to be drawn up in the following terms shall be replaced:

" REGULATION OF CERTIFICATION AND VERIFICATION OF AIRPORTS AND OTHER PUBLIC USE AERODROMES

CHAPTER I

General provisions

Article 1. Object.

This regulation is intended to regulate the certification and verification regime of airports and other public use aerodromes.

Also, this regulation regulates the procedure for granting the airport certificate and dictating the resolution of the aerodrome of public use, as well as the procedure for its modification, renewal, limitation, suspension and revocation.

Article 2. Scope.

1. This regulation applies to all airports and to all other public use aerodromes located in the Spanish territory.

2. In any event, airports shall be certified, irrespective of their nature, denomination or ownership, which provide services to commercial air traffic and have established approach or exit procedures by instruments and

1. Have a paved runway of 800 meters or more or are used exclusively for helicopters, and

2. Manage more than 10,000 passengers per year or more than 850 movements per year related to load operations.

Other airports and airfields for public use will be subject to verification in accordance with the provisions of this regulation.

3. Before obtaining the licence or authorisation to open traffic, the managers of the airports and the rest of the public use aerodromes must have, as appropriate, a certificate or a favourable verification resolution for each of the airports. airport infrastructure.

Also, before obtaining the license or authorization to open to the traffic of the works or modifications that affect the technical standards of design and operation of aerodromes of public use, the manager of the infrastructure Airport airport must have the modification of the certificate or the favourable verification resolution, which accredits the maintenance of the operational security conditions.

Article 3. Definitions.

For the purposes of this regulation it is understood by:

(a) Certified Airport: Airport to which the airport certificate has been awarded to you.

b) Public-use Aerodrome: The aerodrome defined in Article 1.3 of this royal decree.

c) Verified public use Aerodrome: Public-use airport or civil aerodrome whose manager has obtained a favorable resolution of verification.

(d) Airport infrastructure manager: A natural or legal person designated by the holder of the airport or aerodrome for public use and who meets the requirements for the exercise of the obligations laid down in Article 40 of Law 21/2003, of July 7, of Air Safety.

(e) Certified or verified manager: Person, natural or legal, holder of the relevant airport certificate or of the favourable public aerodrome verification resolution and which, as such, is responsible for the compliance with the requirements set out in this Regulation at the airport or aerodrome of public use for which the certificate or the favourable resolution for verification has been issued, respectively.

(f) Limitation of the certificate or favourable verification resolution: Temporary restriction which may be imposed, as the case may be, on the airport certificate or the favourable aerodrome of use verification resolution public, as a result of the failure to comply with any of the provisions of this regulation or in the technical standards of design and operation of public use aerodromes approved by this royal decree, so that it can continue to operate with these restrictions without the need to suspend or revoke the certificate or the favourable resolution of verification.

g) Manual of the airport or aerodrome of public use: An essential document for the issue, respectively, of the certificate or the favourable resolution of verification prepared in accordance with the specifications of the present regulation and which contains the information which allows to verify that an airport infrastructure, its facilities, services, equipment, systems and operational procedures are in accordance with the provisions of this regulation and that it is suitable for proposed aircraft operations.

h) Air navigation service providers: Any public or private entity in charge of the provision of air navigation services for the general air traffic.

i) Operational security: State where the risk of injury to persons or damage to property is reduced and maintained at or below an acceptable level by means of a continuous process of hazard identification and risk management.

j) Air navigation services: Air traffic services, communication, navigation and surveillance services, meteorological services for air navigation and aeronautical information services.

k) Operational Safety Management System (SGS): Specific system for each airport infrastructure, detailing the organic structure, responsibilities, procedures, processes and processes provisions which in the field of aeronautical safety apply the certified or verified manager and which allows the aerodrome to be used safely.

Article 4. Air bases and aerodromes of joint use.

The air bases and military aerodromes, the civilian installations in which they are located, as well as the military zones and installations of the aerodromes used shall be outside the scope of this Regulation. jointly by an air base or military aerodrome and an airport as defined in Royal Decree 1167/1995 of 7 July 1995 on the use of aerodromes used jointly by an air base and an airport and the air bases open to civil traffic.

Article 5. Competent body.

It is up to the Director of Airport Security and Air Navigation of the State Aviation Safety Agency to resolve the granting, modification, renewal, limitation, suspension and revocation of the certificate of airport and the verification of public aerodromes, as well as the granting of the exemptions provided for in Article 8.

It is for the Director of the State Aviation Safety Agency to authorise the opening to traffic and closure of airports and other public use aerodromes of the General Administration of the State.

CHAPTER II

From certificate or verified manager obligations

Article 6. General obligations of the certified or verified manager.

The certified or verified manager shall ensure, respectively, the continuity of use of the certified airport or the public use aerodrome verified under operational security conditions that at least correspond to those required by this Regulation, as well as the fulfilment of the other obligations laid down in Article 40 of Law 21/2003 of 7 July 2003, and in particular the following:

(a) comply with the technical standards of public use aerodromes approved by this royal decree, and in the provisions laid down in its development and application, including technical guidance guidelines, with Regulation (EC) No 216/2008, of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91 /670/EEC, the Regulation (EC) No 1592/2002 and Directive 2004 /36/EC and with the requirements of this Regulation.

(b) Not to carry out or permit to be carried out at the certified airport or at the verified public aerodrome of public use, or in its facilities, changes that may affect the conditions for granting the certificate or the favourable resolution of verification, without the prior authorisation of the State Aviation Safety Agency.

c) Ensure continued compliance with the conditions contained in the appropriate certificate or favorable verification resolution.

(d) To monitor and require that all service providers at the certified airport or at the verified public aerodrome comply with the requirements and procedures set out in the certificate or in the resolution favourable verification and in the manual of the airport or aerodrome of public use.

e) Maintain the professional capacity and organization necessary to ensure the operational security of the certified airport or aerodrome of public use verified.

f) Manage the verified public use airport or certified airport services, their facilities, systems and equipment, in accordance with the procedures set out in the manual and the requirements set out in this regulation and in the rules applicable to it.

g) Cooperate and coordinate with the air navigation service provider in everything related to operational security in the field of respective competencies.

h) Submit to all the inspection activities ordered by the State Aviation Safety Agency in collaboration with its good purpose.

i) Contar with adequate human, material and technical means to develop and implement scheduled verification and control procedures for compliance with the applicable technical and operational security rules activities and services provided, within the scope of this Regulation, at the certified airport or at the verified public aerodrome of use.

Article 7. Requirements for obtaining and maintaining in force the airport certificate or the favourable resolution of verification.

To obtain and maintain in force the airport certificate or the favorable public aerodrome verification resolution the following requirements must be met:

(a) Adecuate and maintain the certified airport or aerodrome of verified public use, its facilities, services, systems and equipment in accordance with the provisions of this Regulation, in the technical standards of design and operation of publicly used aerodromes in force at any time and in the rest of the provisions resulting from application.

(b) Dispose of the relevant airport or aerodrome manual of public use approved in the act of certification or in the favourable resolution of verification, as appropriate, and keep it permanently updated complying, in its form and content, with the provisions of this regulation.

(c) Keep up to date the airport manual or the aerodrome manual for public use, as appropriate, in accordance with the provisions of Article 12.2.

(d) Establish and maintain the procedures for the operation of the certified airport or aerodrome of public use verified to ensure the operational safety of the aircraft during the period of validity of the certificate the airport or the favourable resolution of verification and, where appropriate, the alternative measures accepted pursuant to Article 8.

(e) Dispose of an operational security management system, the description of which shall be incorporated into the airport or public aerodrome manual.

(f) Ensuring the conformity of the certified airport or the verified public aerodrome of use, its facilities, services, systems and equipment, the airport manual or the public aerodrome, the procedures of operation and alternative measures accepted, where appropriate, pursuant to Article 8, and the operational security management system in accordance with the documentation provided for the procurement or modification of the certificate or the favorable resolution of verification.

Article 8. Exemptions.

1. In the airport certificate or in the favorable public aerodrome verification resolution, the Air Safety Agency Director of Airports and Air Navigation of the State Aviation Safety Agency may grant exemptions to the compliance of the provisions of the technical standards for the design and operation of public use aerodromes, subject to compliance with additional conditions necessary to achieve an equivalent level of operational security, where:

a) Exists a request for exemption on the grounds that compliance with a requirement is not reasonably practicable, or a temporary extension is necessary for compliance and

(b) The airport infrastructure manager accredit, by providing the necessary safety aeronautical studies signed by the competent authority, that the alternative measures it proposes guarantee sufficient maintenance of an equivalent operational security level.

2. The request for exemptions shall be made by the airport infrastructure manager with the State Aviation Safety Agency, together with the application for certification or verification resolution, by attaching the relevant documents. In any case, the documents set out in Article 16.1.c shall be provided.

If, after the granting of the certificate or the adoption of the favourable verification resolution, differences were raised with respect to the technical standards for the design and operation of public use aerodromes in force, the certified or verified manager shall be obliged to request the exemption for the time required to proceed with the adequacy of the airport or aerodrome of public use. The application for such exemptions shall be made in addition to the application for amendment of the certificate or the favourable resolution of verification. This application shall be accompanied, in any case, by the documents referred to in Article 16.1 (c).

3. In the resolution certifying the airport or in the favourable resolution of verification of the aerodrome of public use, the provisions to be exempted and the reason for their granting or refusal shall be clearly stated. temporary exemption from the exemptions granted, the activity which may be carried out under the decision taken, as well as the conditions for granting the exemption and the equivalent measures proposed by the manager and accepted by the State Agency Air Safety.

4. The granting of an exemption shall not exempt the airport infrastructure manager from the fulfilment of the other requirements due under this Regulation, on which no exemption has been applied.

5. The certified or verified manager shall be obliged to reflect the exemptions and their temporal scope in the manual of the airport or the aerodrome of public use, under the heading that is applicable, and to urge their insertion into the Aeronautical Information (AIP) for the airport or aerodrome of public use.

6. The exemptions shall follow the same legal regime as the airport certification or the favourable public aerodrome verification resolution.

CHAPTER III

Airport Certification

Section 1. The Airport Certificate

Article 9. Airport certificate.

1. The airport certificate is the document issued by the State Aviation Safety Agency which certifies the ability of the airport infrastructure manager and the airport's compliance, its operation and its related equipment. the safety of air transport operations, including air navigation equipment, systems and communications, as laid down in the technical standards for the design and operation of public aerodromes approved by this royal decree, and in the provisions laid down in their development and implementation, including technical guidance for guidance, and with 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 the Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, provided that the conditions laid down in the certificate are maintained.

2. The absence, limitation, suspension or revocation of the airport certificate shall entail the loss or, where appropriate, the limitation of the capacity of the airport infrastructure to accept air transport operations.

It shall be the responsibility of the airport infrastructure manager, the damage caused to third parties by the absence, limitation, suspension or revocation of the certificate.

Article 10. Certificate effectiveness.

1. Without prejudice to Article 19, the airport certificate shall be issued for an indefinite period, except:

(a) In newly constructed airport infrastructure, where the effectiveness of the first certificate issued shall not exceed 36 months.

(b) In the event that the certificate has been granted with an exemption in accordance with Article 8, in which case the State Aviation Safety Agency shall determine the temporary effectiveness of the airport certificate, but it shall not exceed that of the said exemptions.

The duration of its effectiveness shall be stated on the airport certificate.

2. With the frequency to be set in the inspection plans, the State Aviation Safety Agency shall carry out audits to verify compliance with the conditions laid down in this Regulation, without prejudice to any other action. Inspector to be considered appropriate. The inspection plans shall ensure that an audit is carried out for each of the certified airports at least every six years.

Also, the Director of Airport Security and Air Navigation of the State Aviation Safety Agency, within six months of the presentation by the airport infrastructure manager of the documentation provided for in Article 12 (2), it shall decide on the acceptance of the airport manual. If, within that period, the State Aviation Safety Agency has not expressly stated its acceptance of the airport manual, it shall be deemed to be refused.

The non-acceptance of the airport manual shall determine the initiation of a procedure for the suspension, limitation or revocation of the certificate, as appropriate, as provided for in Article 19.

Article 11. Causes of loss of effectiveness of the airport certificate.

1. At all times, the effectiveness of the airport certificate shall be conditional on the absence of any of the following circumstances, as long as it affects operational security:

(a) Incurring irregularities or non-compliance with the technical standards for the design and operation of public use aerodromes, approved by this royal decree, and its implementing and implementing provisions, including guidelines guidance techniques, Regulation (EC) No 216/2008 and this Regulation.

b) Unauthorized modifications to the airport manual.

c) A finding of errors, deficiencies or inaccuracies in the documentation provided for obtaining the certificate or in the airport manual.

(d) Non-adoption within the time limits set for the effect of the measures imposed for the correction of errors or deficiencies in other documents.

e) Failure to apply within the agreed time limits to the effect of the measures imposed to remedy deficiencies leading to the suspension, limitation or revocation of the certificate.

2. The effectiveness of the certificate shall also be conditional upon the loss or suspension of the enabling title not being incurred in order to manage the airport.

Section 2. The Airport Manual

Article 12. Features of the airport manual.

1. The airport manual shall contain all relevant information relating to the location, facilities, services, systems and equipment, operational procedures, organisation and administration of the airport infrastructure to which it is refers, including the operational security management system.

The airport manual will be approved by the Director of Airport Safety and Air Navigation of the State Aviation Safety Agency in the same act of granting the airport certificate.

2. The certified manager shall be obliged to keep the airport manual and to forward to the State Aviation Safety Agency on a permanent basis, in the first quarter of each financial year, the airport manual with the modifications and updates made in the previous calendar year.

3. The airport manual will meet the following formal requirements:

a) It shall be signed by the airport infrastructure manager.

b) It will be presented in a format that facilitates its modification and update.

c) You will have a system to record the validity of the pages and their amendments, including a page to record modifications and updates.

(d) It shall be organised in such a way as to facilitate its consultation and examination by the State Aviation Safety Agency.

Article 13. Structure and contents of the airport manual.

1. Any airport manual shall start with a declaration by the airport infrastructure manager on the information in the manual and its correspondence with the organisation, equipment, facilities and procedures of that infrastructure. and that the information contained therein shows that the airport infrastructure is in conformity with the applicable rules.

2. The certified manager shall keep up-to-date in its manual and provide the aeronautical information service with all relevant information relating to the operational security, regularity and efficiency of the facilities, services, systems, Operational equipment and procedures of the certified airport, in accordance with the provisions of paragraph 8.10.3.2 AD 2 of Royal Decree 57/2002 of 18 January 2002 establishing the Air Circulation Regulation and Annex 15 to the Convention on International Civil Aviation, in accordance with the provisions of the Regulation (EC) Commission Regulation (EC) No 2096/2005 of 20 December 2005 laying down common requirements for the provision of air navigation

.

3. The certified manager shall structure the airport manual, and include at least the aspects relating to the epigraps listed below, indicating, where appropriate, the reason why it does not apply any of them:

Part 0. Documentation control sheet:

a) Index of the document and brief description of its structure and content.

b) Maintenance and review of the manual.

c) Reference documentation.

d) List of acronyms used.

Part 1. General information:

a) Overview of airport infrastructure.

b) Aeronautical information services available and procedures for publication.

c) System for recording aircraft movements.

d) Certificate manager obligations.

e) Any other information that is required under the applicable regulations.

Part 2. Airport infrastructure placement details, including the following:

(a) A plane of situation of the airport infrastructure in relation to the nearby urban centres, indicating the distance of such infrastructure from the population centres or other populated areas nearest to them, and the location of any installation and equipment of the airport infrastructure outside the limits of the airport infrastructure, as well as the main access to such infrastructure.

(b) Planes of the airport infrastructure indicating its limits and the obstacle-limiting areas as defined in the technical standards for the design and operation of public aerodromes.

c) A plane of the airport infrastructure indicating the facilities for its operation.

Part 3. Details of the airport infrastructure to be notified to the Aeronautical Information Service, in accordance with the terms of Article 13.2 and with the quality requirements for aeronautical data and aeronautical information as regards its accuracy, resolution and integrity due as provided for in Regulation (EU) No 73/2010 of 26 January 2010 laying down requirements relating to the quality of aeronautical data and aeronautical information for the sky Single European.

Part 4. List and information of the operating procedures of the airport infrastructure grouped under the following categories:

a) Notifications of airport infrastructure.

b) Access to the airport infrastructure movement area.

c) Emergency Plan for Airport Infrastructure.

d) Saving and extinguishing fires.

(e) Inspection of the area of movement of the airport infrastructure and of the obstacle-limiting areas by the certified manager.

f) Visual aids and electrical systems of airport infrastructure.

g) Maintenance of the move area.

h) Jobs in airport infrastructure. Operational security.

i) Managing the platform.

j) Managing operational security on the platform.

k) Vehicle control in the aeronautical part.

l) Managing the danger of wildlife.

m) Surveillance and control of obstacles inside and outside the airport.

n) Unused aircraft transfer.

o) Handling of hazardous materials.

p) Operations under reduced visibility conditions.

q) Protection of aircraft radio station sites.

r) Coordination with third parties (service providers, airlines, security forces and any other actors whose actions have an impact on the operational security of the airport infrastructure).

s) Coordination between the certified manager and the air navigation service providers.

t) Where appropriate, coordination between the certified manager and the relevant military authority.

The information to be supplied in this part of the airport manual about each procedure will be as follows:

1. The Object of the procedure.

2. Staff involved and responsibilities.

3. The infrastructure, equipment, or facilities used.

4. Scenarios and procedure activation.

5. The applicable regulatory relationship and reference documentation to be taken into account for the elaboration of the procedure.

6. º Description of the sequence of actions.

7. The relationship of lower level operational procedures applied in the airport infrastructure resulting from the procedure in question.

8. º Any other information of interest in the procedure.

9. Control and management of final documentation.

Part 5. Management of airport infrastructure:

Information about airport infrastructure management includes:

(a) A scheme for the organisation of airport infrastructure indicating the names and posts of the principal personnel, including their responsibilities and their training, and in particular the telephone numbers of the airport infrastructure manager; the infrastructure, the operational manager and the operational security management system controller.

(b) The airport committees, in accordance with the provisions of the first provision.

Part 6. Operational Security Management System (SGS), which will develop at least the following points:

a) The operational security policy, to the extent applicable, on the operational security management process and its relationship to the operations and maintenance processes.

b) The structure and organization of the operational security management system, including its personnel and the allocation of individual and group responsibilities for operational security aspects. All information on the local operational safety committees will also be included here.

c) The strategy and planning of the operational security management system: establishing operational security objectives, assigning priorities to implement operational security and implementation initiatives a procedure to keep the risks at the lowest level reasonably possible, taking into account the requirements of the technical standards for the design and operation of aerodromes for public use and other applicable legislation and regulations.

d) Implementation of the operational security management system, including facilities, methods and procedures for effective communication of operational security messages and compliance with security requirements operational.

e) The system for the implementation of critical operational security areas and corresponding measures, requiring a higher level of integrity of operational security management (security measures program operational).

(f) Measures for the promotion of operational safety and accident prevention and a risk control system involving the analysis and processing of accidents, incidents, complaints, defects, faults, discrepancies and failures and continuous monitoring of operational security.

g) The internal audit and operational security examination system, describing the quality control systems and programs of operational security.

h) The system for documenting all airport infrastructure facilities related to operational security, as well as the recording of operations and infrastructure maintenance, including information on the design and construction of pavements for aircraft, lighting of the infrastructure and visual aids systems.

i) Staff instruction and competence, including examination and assessment of the adequacy of instruction provided to staff on tasks related to operational safety and the certification system for check their competence.

j) The incorporation and mandatory compliance of clauses related to operational security in contracts for construction works in airport infrastructure.

Article 14. Format and conservation of the airport manual.

1. The certified manager shall provide the State Aviation Safety Agency with a printed copy and a copy in electronic form, complete and updated at all times of the airport manual.

2. The certified manager shall keep at least one complete and up-to-date copy of the airport manual at the certified airport itself and another at its head office if it is not located at the certified airport.

Section 3. Procedure Rules

Article 15. Start of the certification procedure.

1. The certification procedure shall be initiated by application to the State Aviation Safety Agency in which it shall state:

a) Denomination, address and ownership of airport infrastructure.

(b) Name, surname and number of the National Identity Document, for Spanish citizens or, in the case of foreigners, the airport manager's Foreign Identity Number (NIE), or social reason, Tax Identification Number and name of the same if it is a legal person.

(c) Legal title by virtue of which the infrastructure holder designates the applicant as the manager of that infrastructure, indicating the reference rules or regulations and their period of designation.

(d) Documentation that includes the nationality of the infrastructure manager and the composition of its shareholders and the board of directors, if any.

e) Name, last name and accreditation of the representation of the signer of the request, if it acts as manager of the airport infrastructure manager.

2. If the application for certification does not meet the requirements set out in the previous paragraph, the provisions of Article 71 of Law No 30/1992 of 26 November 1992 of the Legal Regime of the General and the Common Administrative Procedure.

Article 16. Technical documentation to be provided by the airport infrastructure manager.

1. The airport infrastructure manager shall attach the following documents to the file, either with the initial application or after the express consent of the State Aviation Safety Agency, at a later point in the procedure:

(a) The airport manual in accordance with the provisions of this Regulation.

(b) Opinion, signed by a competent authority, certifying that the airport infrastructure, its facilities, systems, equipment, services and procedures comply with the provisions of this regulation. This opinion shall be accompanied by supporting technical documentation.

(c) In the case of any of the exemptions referred to in Article 8, it shall be attached, in addition to the aeronautical studies attesting the extremes referred to in that Article, to the opinion referred to in that Article. Previous letter, expressly indicating the differences that need to be covered by an exemption and the proposed alternative measures.

2. In case of failure to provide the data subject with the necessary documentation to resolve, the State Aviation Safety Agency shall require its contribution in accordance with Article 71 of Law 30/1992 of 26 November. The formulation of this requirement will suspend the maximum period for the resolution of the procedure, in accordance with Article 42.5 (a) of Law 30/1992, of November 26.

Article 17. Instruction and resolution of the file.

1. The State Aviation Safety Agency shall analyse the adequacy of the documentation requested in Article 16 and carry out the necessary on-the-spot checks in order to issue the appropriate certificate or the justified dismissal. of the request.

2. The deadline for resolving and notifying the resolution of the airport certification procedure shall be six months.

3. At any point in the procedure, the State Aviation Safety Agency may carry out inspections, investigations or checks, if it deems necessary, to verify that all the necessary requirements for the issuance of the certificate.

After the deadline for resolving and notifying the resolution of the airport certification procedure without any express resolution, the request shall be deemed to be dismissed.

Article 18. Resource regime.

State Aviation Safety Agency resolutions may be challenged in accordance with the terms of Article 4 of its Statute, approved by Royal Decree 184/2008 of 8 February 2008.

Article 19. Suspension, limitation and revocation of the airport certificate.

1. The Director of Aviation Safety and Air Navigation of the State Aviation Safety Agency may agree to suspend, limit or revoke the airport certificate, when any of the circumstances listed in the article are present. 11 and in the cases referred to in Article 10.2. The adoption of these measures shall be carried out by means of a reasoned decision after hearing the certified manager to make any relevant observations and observations within the 10-day period.

2. If, during the processing of the procedures for limitation, revocation or suspension, the certified manager subsates the irregularities observed and the public interest is adequately guaranteed, the procedures shall be terminated, proceeding to your file.

3. Where circumstances affecting in a serious, certain and immediate manner affect air operational safety, the Director of the State Aviation Safety Agency may agree to suspend or immediately limit the effectiveness of the air safety certificate. airport. The adoption, lifting and confirmation of the extraordinary measures provided for in this paragraph shall be governed by Article 30 of Law 21/2003 of 7 July 2003.

4. The measures for the suspension, limitation or revocation of the airport certificate shall be adopted in order to ensure operational security, without prejudice to the penalties which may be imposed in accordance with the sanctioning regime. established in Title V of Law 21/2003 of 7 July.

Article 20. Modification of the certificate.

1. Where any change in the airport manual which may affect the airport certificate is to be produced, it shall be brought to the attention of the State Aviation Safety Agency, one month in advance of the date of its entry into force.

The Air Safety Agency Director of the State Aviation Safety Agency will have a month to rule if it is necessary to process such a change as a modification of the certificate.

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

In case of change of the airport infrastructure manager, holder of the certificate, a new certification will have to be requested in accordance with the provisions of this regulation.

2. Once the State Aviation Safety Agency has declared the need to amend the airport certificate, prior to the implementation of the planned or scheduled changes, an application must be made to the airport. modification of the certificate, which shall consist of:

a) Denomination, address and ownership of the certified airport.

b) Name, last name and National Identity Document of the certified manager, or name and number of Tax Identification if it is a legal person.

c) Name, surname, and accreditation of the signer representation of the modification request, if it acts as the certificate manager's proxy.

d) Copy of the documentation that is the object of the modification.

e) Description of the causes that motivate the modification of the certificate.

f) Proposed modification.

(g) Opinion signed by a competent authority stating that the amendment complies with the requirements and provisions of this Regulation and, where applicable, the technical standards for the design and operation of public aerodromes. This opinion shall be accompanied by supporting technical documentation.

3. At any point in the process, the State Aviation Safety Agency may carry out inspections, investigations, checks or studies, if it deems necessary, to verify that all the necessary requirements are met for the certificate modification.

4. The time limit for resolving and notifying the resolution of the proposed amendment shall be three months, after which, without any express resolution, the requests may be deemed to be rejected.

The maximum time limit for resolving the amendment application may be suspended in the cases provided for in Article 42.5 of Law 30/1992 of 26 November.

CHAPTER IV

Verification of public use aerodromes

Article 21. Favorable resolution of the verification of public airfields.

1. The favourable verification resolution attests to the suitability of the airport infrastructure manager and the compliance by the public use aerodrome of the technical standards for the design and operation of public use aerodromes approved by this royal a decree and the provisions laid down in its development and implementation, including technical guidance guides, and with 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 the Directive Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC, as far as they are applicable, provided that the conditions laid down in that resolution are maintained.

2. The absence, limitation, suspension or revocation of the favourable decision to verify the aerodrome of public use shall entail the loss or, where appropriate, the limitation of the capacity of the airport infrastructure for air operations.

It shall be the responsibility of the airport infrastructure manager, the damage caused to third parties by the absence, limitation, suspension or revocation of the verification resolution.

Article 22. Requirements and procedure.

1. In order to obtain and maintain the favourable resolution of the verification of aerodromes for public use, the provisions of Chapter III shall apply, with the exception provided for in paragraph 2.

2. In order to obtain the verification resolution, the airport infrastructure manager shall be sufficient to contribute to the file together with the initial application or, with the express consent of the State Aviation Safety Agency, at a time. After the procedure, the following documents:

a) Documentation of compliance with technical standards.

(b) Manual of the aerodrome of public use, with the content and structure provided for in Chapter III, Section

.

c) Where appropriate, request for exemptions to the compliance with the technical regulations, together with the documentation required for the processing of the requested exemptions, including safety study signed by optional competent.

CHAPTER V

Other provisions applicable to airports and aerodromes for the public use of autonomic competence

Article 23. Verification by the competent bodies of the Autonomous Communities of compliance with certain technical standards.

1. Where, in accordance with the regional rules governing aerodromes which is applicable, the Autonomous Community is competent for the issue of reports, certificates or opinions in respect of technical standards for design and operation of Public-use aerodromes, certificates, opinions or reports issued by the competent authority of the Autonomous Community shall, for the purposes of the issuing of the airport certificate or of the certificate, prove to the State Aviation Safety Agency. Aerodrome verification resolution of public use, compliance with the requirements certificates, issued or informed by that body, except in the case of one of the certificates referred to in the following paragraph.

2. In the exercise of its powers, it is for the State Aviation Safety Agency to verify compliance by airports and aerodromes with the public use of autonomic competence for the requirements relating to:

(a) The technical standards for the design and operation of the public airfields listed in Annex I to this Regulation.

(b) The structure and content of the airport manual or the aerodrome of public use in the paragraphs related to Annex II to this Regulation.

(c) The other technical standards for the design and operation of public aerodromes and the structure and content of the airport manual or the aerodrome of public use, on which the Autonomous Communities have not taken up competencies.

d) The airport infrastructure manager's critical security team.

e) Air navigation equipment, systems and communications of airport infrastructure.

It is also for the State Aviation Safety Agency to verify the technical standards of design and operation of public use aerodromes on which the airport infrastructure manager requests a the exemption and the aeronautical studies in which alternative compliance measures are proposed.

3. The State Aviation Safety Agency shall issue the airport certificate or the aerodrome verification resolution for public use, in accordance with the certificates, opinions or reports issued by the Autonomous Communities in accordance with the provisions of this Regulation. Paragraph 1 and with the verification that the same applies to the fulfilment of the requirements referred to in paragraph 2.

The provisions of this Article are without prejudice to the requirements laid down in Community and international regulations to the national supervisory authority responsible for the issue of the certificate or resolution of the verification.

Article 24. Request.

1. Where this is provided for in the autonomic legislation resulting from the application, the airport infrastructure manager shall submit the application for certification or verification and, where appropriate, the exemptions provided for in the Article 8, addressed to the State Aviation Safety Agency, through the competent body of the Autonomous Community.

The competent authority of the Autonomous Community shall forward the request received to the State Aviation Safety Agency, together with the certificates and reports provided for in Article 23.1 and any other documentation resulting from it. relevant.

2. In another case, the certificates and reports provided for in the Article shall be obtained from the competent authority of the Autonomous Community, in the course of the investigation carried out by the State Aviation Safety Agency, as provided for in Article 17. 23.1 to be required in accordance with the implementing legislation.

Article 25. Additional cooperation mechanisms.

1. Where provided for in the autonomic legislation resulting from or, in accordance with the provisions laid down therein, the competent authority of the Autonomous Community so agrees, the State Aviation Safety Agency may report in relation to the compliance with the technical standards for the design and operation of public aerodromes, with the prior approval of the construction or modification of airports and aerodromes for the public use of autonomic competence.

2. At the request of the Autonomous Community which is competent, a Joint Committee shall be set up to support the State Aviation Safety Agency and the competent body of the Autonomous Community in order to ensure effective integration of the the powers in the application of the provisions set out in the preceding paragraph and in this chapter.

This commission, chaired by the Director of Airport Safety and Air Navigation of the State Aviation Safety Agency, or person to whom it delegates, will be composed of a maximum of 10 experts, appointed, 5 of them, by the Autonomous Community and the remainder by the Director General of Civil Aviation between experts from the State Aviation Safety Agency and the Directorate-General itself.

CHAPTER VI

From the aeronautical inspection and the sanctioning regime

Article 26. From the aeronautical inspection in the field of certification and verification of public use aerodromes.

1. Without prejudice to the provisions of the autonomous rules applicable to airports and other airports for the public use of autonomic competence, it is for the State Aviation Safety Agency to exercise the function of inspection, audit and monitoring of compliance by the airport infrastructure managers as set out in this Regulation.

The aeronautical inspection carried out by the State Aviation Safety Agency as provided for in the preceding paragraph shall focus primarily on the audit of compliance with the processes which the certified manager or Verified must develop and execute for the compliance of the manual and, in particular, the operation of its operational security management system.

2. Compliance with this inspection, audit and oversight function includes the adoption of restrictive measures for the operation of airports and other public aerodromes, if the maintenance of air safety so requires.

Article 27. Sanctioning regime.

1. Failure to comply with the requirements contained in this regulation and its implementing legislation constitutes administrative infringement in the field of civil aviation and will apply to it the sanctioning regime governed by Law 21/2003, 7 of July, without prejudice to the application of the measures provided for in this Regulation as regards the modification, suspension or revocation of the airport certificate or the favourable decision to verify the aerodrome of public use with the to ensure operational security.

2. The provisions of the above paragraph are without prejudice to the autonomic competence to sanction, where appropriate, infringements of the rules whose compliance has been verified in accordance with the provisions of this Regulation.

ANNEX I TO THE REGULATION FOR THE CERTIFICATION AND VERIFICATION OF AIRPORTS AND OTHER PUBLIC USE AERODROMES

Technical standards for the design and operation of the public use aerodromes provided for in Article 23.2

The technical standards for the design and operation of public aerodromes referred to in Article 23.2 are those laid down in the following paragraphs of the technical standards for the design and operation of public use aerodromes incorporated in the annex to this royal decree.

I. Volume I.

(a) Chapter 1, General, except paragraphs 1.6, Design of airports, and 1.7, Reference key.

(b) In Chapter 2, Data on aerodromes, the following paragraphs:

1. Section 2.9, Conditions of the movement area and facilities related to it.

2. º 2.10, Unused Aircraft Retreat.

3. º 2.11, Salvage and fire extinguishing, except for the verification of the rescue and fire extinguishing service (SSEI), in everything that relates to the land side of the aerodrome, as well as those aspects relating to non-aeronautical emergency care, whether facilities (infrastructure, facilities and equipment) or procedures.

4. º 2.12, Visual Systems of Approximation Pending.

5. Paragraph 2.13, Coordination between the aeronautical information services authority and the aerodrome authority, except the verification of compliance by the aerodrome authority with the obligations laid down in the paragraph in those aspects which are not related to the verification of the obligations of the aeronautical information service provider, and in particular, as regards Annex 15 to the International Civil Aviation Convention, Services of Aeronautical Information, and Document 8126 of the International Organization of Civil Aviation (ICAO), Manual for aeronautical information services.

c) Chapter 4, Restriction and removal of obstacles.

d) Chapter 5, Visual aids for navigation, the following sections:

1. Section 5.3.2, Emergency Lighting.

2. Paragraph 5.3.3. aeronautical Faros.

3. Section 5.3.4, Approach Lighting Systems.

4. º 5.3.5, Visual systems approach slope indicators.

5. Section 5.3.6, Guide lights for in-circuit flight.

6. º 5.3.7, Systems of entry lights to the track.

7. º 5.3.19, Stop bars.

8. º 5.3.20, intermediate point-of-wait lights.

9. Section 5.3.22, Track Protection Lights.

e) Chapter 6, Obstacle Indicator Visual Aids.

f) Chapter 8, Electrical Systems.

g) Chapter 9, aerodrome services, equipment and facilities, the following paragraphs:

1. Paragraph 9.1, Planning for emergency cases at aerodromes, except for paragraphs 9.1.3 in all cases referred to entities "outside the aerodrome", as set out in the second paragraph of the Note incorporated in this paragraph; 9.1.12 in relation to the verification of the effective implementation, in time and form of the emergency plan (excluding the subsequent verification of the tests); 9.1.13, regarding the verification of the effective realization, in time and form of the emergency plan (excluding subsequent verification of the tests); 9.1.14 and 9.1.15, Emergencies in difficult environments.

2. No. 9.2, Salvage and Fire extinguishing, except as related to the verification of SSEI standards and requirements in everything that relates to the land side of the aerodrome, as well as those aspects relating to non-aeronautical emergencies, be they facilities (infrastructure, facilities and equipment) or procedures; and except in addition to paragraphs 9.2.26, 9.2.27 and 9.2.28, Emergency Access Roads.

3. Section 9.3, Unused Aircraft Transfer.

4. Section 9.4, Reduction of Hazards Due to Birds.

5. º 9.5, Address Service on the Platform.

6. Section 9.6, Aircraft Service on Earth.

7. º 9.7, aerodrome Vehicle Operations.

8. Section 9.8, Guide Systems and Movement Control on the surface.

9. Section 9.9, Site of equipment and installations in the areas of operations.

10. º 9.10, Vallas, except as regards the verification of the fencing of the airport, without prejudice to the powers of the State in the field of civil aviation security ('security ') .

11. º 9.11, Lighting for security purposes.

II. Volume II.

The paragraphs of Volume II that replace or supplement the specifications of Volume I referred to in the previous heading.

ANNEX II TO THE REGULATION FOR THE CERTIFICATION AND VERIFICATION OF AIRPORTS AND OTHER PUBLIC USE AERODROMES

Content of the Airport Manual or the public aerodrome of use provided for in Article 23.2

The paragraphs of the airport manual referred to in Article 23.2 are those provided for in the following paragraphs of Article 13.3 of this Regulation:

a) PART 0, Document Control Sheet.

b) PART 1, General Information.

(c) PART 4, Listing of information on airport infrastructure procedures, with the exception of the following procedures provided for in:

1. º c), Airport Emergency Plan.

2. º (d) Saving and extinguishing of fires in those requirements relating to the extinction of fire buildings, SSEI infrastructures and fuel tanks, as well as compliance with the standards and the SSEI's requirements in all that it relates to the land side of the airport infrastructure, and to the exclusion of the rules and requirements relating to the air side, linked to the operation of the different types of aircraft using the airport infrastructure.

3. º The letter g), Maintenance of the movement area.

4. º The letter i), Platform Management.

5. º k), Vehicle control in the aeronautical part.

d) PART 6, Operational Security Management System (SGS). "

Final disposition second. Amendment of Decree 584/1972 of 24 February on aeronautical easements.

Decree 584/1972 of 24 February of aeronautical easements is amended as follows:

One. Article 1 is amended to read as follows:

" 1. They constitute the easements of the aerodromes, which are necessary to establish in their surroundings and, where appropriate, inside to ensure the continuity of the air operations in adequate safety conditions.

2. Without prejudice to measures to be taken by the Autonomous Communities for the protection of autonomous aerodromes in the exercise of their powers in the field of spatial planning, urban planning and aerodromes, the competent authority of the Community Autonoma may propose the establishment or modification of aeronautical easements in the public use aerodromes of its competence. "

Two. Article 27 is amended, numbering its current wording as paragraph 1 and adding a new paragraph 2 of the following wording:

" 2. The proposal for the establishment or modification of civil installations in civil installations, addressed to the Directorate-General for Civil Aviation, shall justify the reasons for public utility or social interest in which the the establishment of aeronautical easements at the aerodrome of public use in question. The Directorate-General for Civil Aviation will decide on the origin of the process of setting up aeronautical easements.

Obtained the favourable resolution to initiate the processing of the establishment or modification of aeronautical easements, the infrastructure manager or, in relation to the aerodromes of public use of autonomic competence, the competent authority in matters of airports of the Autonomous Community, shall forward a proposal for aeronautical easements accompanied by the necessary documentation for the definition and delimitation of these as provided for in this decree, which include the documentation necessary for its processing, a proposal for measures to adopt in relation to existing obstacles which infringe the aeronautical easements to be established or amended and a budget of the cost of their adoption.

Without prejudice to the foregoing paragraphs, the proposal for the establishment or modification of aeronautical easements may be accompanied by the documentation referred to in the second subparagraph, in which case only the proceed to initiate the processing of the establishment of aeronautical easements following the decision of the Directorate-General for Civil Aviation, agreeing on the origin of the initiation of such procedure. "

Three. Article 29 is amended by numbering its current single paragraph as paragraph 1 and adding new paragraphs 2 and 3 to the following wording:

" 2. Plans or instruments for urban or territorial planning, or those of their revision or modification, affecting spaces subject to aeronautical easements established in civil aviation facilities, shall be informed by the Directorate General of Civil Aviation of the Ministry of Public Works. In the case of installations included in the determinations of the Directors ' Plans of airports of general interest, the report on the existing easements shall form part of the content to be evacuated in accordance with the additional provision Second, Royal Decree 2591/1998 of 4 December 1998 on the management of airports of general interest and their area of service, pursuant to Article 166 of Law 13/1996 of 30 December 1996 on tax measures, Administrative and Social Order.

In the case of easements of aerodromes for public use of autonomic competence, this report of the Directorate General of Civil Aviation will be issued, prior to the mandatory report of the competent authority in matters of airports of the Autonomous Community on the compatibility of the project with the aeronautical easements established on the proposal of that body. The request for a report shall be submitted to the competent authority in the field of aerodromes in the Autonomous Community, which shall, together with the report required by that Community, forward it to the Directorate-General for Civil Aviation.

3. These reports from the Directorate-General for Civil Aviation, which are mandatory and binding as regards the compatibility of the planning with established aeronautical easements, will be issued by the Commission within three months of the date of the receipt of the documentation required for its issuance, including, where appropriate, the mandatory report of the Autonomous Community.

After the deadline provided for in the previous paragraph without the report of the Directorate-General for Civil Aviation being issued, it will be possible to continue the processing of the projects which are the subject of the requested report.

Projects submitted to the report may not be approved for good as long as they are not in line with their compatibility with established aeronautical easements. "

Final disposition third. Amendment of Royal Decree 2591/1998 of 4 December 1998 on the management of airports of general interest and their area of service, pursuant to Article 166 of Law 13/1996 of 30 December 1996 on tax measures, Administrative and Social Order.

The second paragraph of the second provision of Royal Decree 2591/1998 of 4 December 1998 on the management of airports of general interest and their area of service, pursuant to the provisions of the Treaty, is amended. Article 166 of Law 13/1996, of 30 December, of Fiscal, Administrative and Social Order Measures, which shall be amended as follows:

" This report, which shall be binding in respect of the exercise of the exclusive powers of the State, shall be issued within three months, after which, without the report being evacuated, it shall be continue with the processing of plans or general instruments for spatial planning or urban planning. In the event that the competent public administration does not accept the comments made by the Ministry of Public Works, the final approval of the urban and territorial plans or instruments will not be allowed to affect the exercise of the exclusive powers of the State. "

Final disposition fourth. Competence title.

This royal decree is issued under the exclusive jurisdiction of airports of general interest, air space control, transit and air transport, which confers on the State Article 149.1. 20. th of the Constitution.

Final disposition fifth. Enablement for regulatory development.

The Minister of Public Works is enabled to adopt the necessary provisions for the development and implementation of this royal decree.

Final disposition sixth. Entry into force.

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

Given in Madrid, 19 August 2011.

JOHN CARLOS R.

The Minister of the Presidency,

RAMON JAUREGUI STUNNED

ANNEX

Documentation for the elaboration of the Reports prior to the planning of aeronautical infrastructures, establishment, modification and opening to the traffic of autonomous aerodromes

For the purposes of the issuance of reports prior to the planning of aeronautical infrastructure, establishment, modification and opening to the traffic of autonomous aerodromes, the following documentation shall be provided, indicating the date of publication of the aeronautical information (AIP) used:

1. Management plans or instruments.

1.1 For the analysis of compatibility and space and air traffic needs:

-Planning document in which all the planned infrastructures appear, whether new creation or modifications of the currently existing ones with indication of the geographical coordinates of their point of reference in the WGS-84 system.

-Air space needs, with an indication of the space structure and its rating that would be necessary for each infrastructure, taking into account the existence of the existing infrastructure in the area of condition and impact on them.

-Aid to air navigation and flight procedures category (VFR, IFR accuracy or non-precision) with assessment of air navigation service needs for each case.

-Traffic Demand Analysis and its corresponding categories.

1.2 For the analysis of the impact on airports of general interest, air bases, military airfields and air transport:

-Impact analysis on airports of general interest and air bases, military airfields and aeronautical easements.

-Impact analysis on the affected areas of the affected areas in the airport management plans of general interest.

-Impact on air transport and its international aspects covered by Bilateral Conventions. Forecasts of air traffic in terms of its typology and expected demand.

2. Establishment, modification and opening to the traffic of public aerodromes.

2.1 Establishment.

2.1.1 For the analysis of compatibility and space and air traffic needs:

-Planned placement of the infrastructure, length and orientation of the tracks. Relevant data relating to the establishment of the infrastructure: WGS-84 coordinates of the installation reference point (ARP) and of the track or track thresholds and elevation. Impact of modification on infrastructure in the area of the condition.

-Operational usage forecast of the same, visual or instrumental, and its operating schedule.

-For the case of instrumental operations, preliminary proposal of airspace structures associated with the infrastructure: aircrafts, CTAs/TMAs, CTRs, ATZs intended.

-Preliminary proposal for air navigation services associated with the infrastructure: air traffic services (controlled aerodrome, AFIS, not controlled; communications, navigation and surveillance services (CNS).

-Interferences with LED, LER, LEP, and sensitive fauna zones.

2.1.2 For the analysis of the impact on airports of general interest, air bases, military airfields and air transport:

-Initial air traffic checks as to their typology and expected demand.

-Impact analysis on airports and air bases, military airfields and aeronautical easements: Relevant data relating to the establishment of the infrastructure: WGS-84 coordinates of the reference point of the installation (ARP) and track or track thresholds.

2.2 Opening to traffic.

-Proposal of flight procedures and maneuvers associated with the infrastructure: approaches, takeoffs, SIDS, STARS.

-For instrumental operations, proposed infrastructure-associated airspace structures: aeroways, CTAs/TMAs, CTRs, intended ATZs.

-Proposal for air navigation services associated with the infrastructure: air traffic services (controlled aerodrome, AFIS, not controlled; communications, navigation and surveillance services (CNS), including deployment of radio aids to navigation (VOR, ILS, etc.) if any, and WGS-84 coordinates thereof.

2.3 Structural or functional modifications.

The documentation set out in paragraphs 2.1, Establishment, and 2.2, Opening to Traffic, of this Annex shall be provided.

3. Establishment or modifications, structural or functional, in restricted use aerodromes.

3.1 Establishment or structural or functional modifications.

The following information shall be provided at least for the different scenarios for the evolution of the infrastructure:

3.1.1 Air space structure and management, to which the air space compatibility study must be attached, which shall specify:

-Site and topography.

-Track or track orientation, threshold coordinates, and ARP and elevation.

-Description of the affected airspace.

-Description of the affected maneuvers and procedures.

-Proposal for integration into the airspace structure.

-Plans and programs of other aeronautical installations. Impact on other infrastructures in the area of the condition.

-Indication of protected areas for environmental or other reasons, located in the environment, as well as populations that may be affected by aerodrome operations.

-Type of operation (VFR/IFR), schedule and activity to be developed.

3.1.2 Affecting airports of general interest, air bases, military airfields and air transport: it shall include an analysis both as regards the operation of the aerodromes on which it may have a direct impact, as to the impact of any kind that may arise, including air transport, for aeronautical services and for the airport system of general interest.

3.2 Opening to traffic.

3.2.1 Certification of the competent authority to authorize its establishment and construction by crediting the execution of the project according to the approved or approved project.

In another case, the information provided for in section 3.1.1.

3.2.2 Relation of authorized users for the use of the aerodrome and established procedure for modification of the aerodrome.

4. Air space compatibility certificate for heliports.

4.1 Establishment or modifications, structural or functional.

-Site and topography.

-Coordinates of the heliport reference point (WGS-84) and its elevation, as well as orientation of the intended approach and take-off sectors for such infrastructure.

-Forecast of the operational use of the same, visual or instrumental, operating hours and activity to be developed.

-Description of the affected airspace, including its condition to airports of general interest, aerodromes, air bases, military airfields and other air transport facilities.

-Description of the intended maneuvers and procedures. For the case of instrumental operations, proposal of airspace structures associated with the infrastructure: aircrafts, CTAs/TMAs, CTRs, previewed ATZs

-Proposal for integration into the airspace structure. Impact on other aeronautical infrastructure.

-Plans and programs for other aeronautical installations.

-Interferences with LED, LER, LEP and sensitive fauna zones, as well as populations that may be affected by aerodrome operations.

-Initial traffic checks as to their typology and expected demand.

4.2 Opening to traffic.

4.2.1 The following documentation must be provided at least:

-Certification of the competent authority to authorize its establishment and construction by crediting the execution of the infrastructure according to the approved or approved project.

In another case, the documentation provided for in section 4.1.

-Proposal of flight procedures and maneuvers associated with the infrastructure: approaches, takeoffs, SIDS, STARS.

-For instrumental operations, proposed infrastructure-associated airspace structures: aeroways, CTAs/TMAs, CTRs, intended ATZs.

4.2.2 In the case of heliports of restricted use, in addition, the documentation set out in section 3.2.2 of this annex.