Among the technical functions of air navigation is that of air traffic control, whose professional exercise has been regulated, in the civil sphere, by the Royal Decree 3/1998, of January 9, on the title In the case of the air traffic controller and, in the military field, by the Order of the Ministry of Defence No 511/601/1982 of 24 February 1982 on the licence of air traffic controller for the staff of the Air Army and the Order of the Ministry of Defense 4/1990, of 9 January, on the general rules for the granting, validation, revalidation, renewal, extension and cancellation of the fitness cards for personnel with aeronautical certification.

The new provisions issued by the International Civil Aviation Organization (ICAO), through amendments to Annex I to the Convention on International Civil Aviation, as well as the publication of the Directive 2006 /23/EC of the European Parliament and of the Council of 5 April 2006 on the Community air traffic controller licence requires the amendment of the current rules.

The amendments to Annex I to the Convention on International Civil Aviation fundamentally affect the replacement of current ratings by new ones, adapted to new technologies applied to traffic control. air, and the incorporation of the language proficiency requirement for air traffic controllers, whereby controllers are obliged to demonstrate their ability to speak and understand the language used in communications radiotelephonic.

On the other hand, and in compliance with Article 5 of Regulation (EC) 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky, Directive 2006 /23/EC of 5 April 2006, which in addition to including the amendments contained in Annex I to the Convention, has been published, has been adopted by the European Organisation for Safety of Air Navigation Safety Requirements (hereinafter Eurocontrol) for air traffic controllers, also known as ESARR 5.

With the incorporation of this directive into the legal system of the Member States, compliance with the new provisions introduced by the ICAO is ensured, and a common framework is established to ensure the maximum levels of responsibility and competence, improving the availability of air traffic controllers and encouraging the mutual recognition of licences, reducing fragmentation in this area and contributing to the increase of the the safety of the air traffic control system, its operations and the efficiency of the the organisation of the tasks, by issuing a licence for air traffic controller in the context of the growing collaboration at regional level between air navigation service providers, which is essential in the environment of the sky Single European.

In the new common framework, the content of this royal decree essentially refers to the conditions for obtaining an air traffic controller licence and the requirements for the exercise of that activity, both in relationship to the provision of the service, as with the training, training and capacity required. The title is deleted because it is incompatible with the Community standard, and a database is created so that the supervisory authority can carry out a check on the fitness of the controller in his or her job and the validity of the log of your license.

On the other hand, conditions are set to obtain the certificate as a training provider that accredits the organization's competence to impart the training to the controlling students and the traffic controllers. air and ensure a high level of security in service delivery.

In addition, a system of recognition and acceptance of the licenses, ratings and associated annotations that have been issued by the national supervisory authorities of the Member States of the European Union is regulated. And the deadline for approving the procedure for the exchange of the ratings and endorsements of air traffic controllers that would have been obtained prior to the entry into force of this standard is foreseen.

The scope of application of the royal decree includes controllers and air traffic controllers providing control services for movements of general air traffic aircraft, whichever is the case. the nature of the service provider in which they carry out their duties. This field of application, consistent with the provisions of the Directive, is based on the consideration that whenever a person carries out checks on general air traffic, he must comply with the knowledge requirements, experience and training provided for in Directive 2006 /23/EC of 5 April.

In Spain there are, and are recognised at European level, two national supervisory authorities depending on the civil or military nature of the service provider or training provider in which they perform their duties. air traffic controllers or students.

Unlike the previous legal regime, this royal decree establishes the substantive requirements common to civil and military air traffic controller licenses, to ensure that when transit services are provided. General air, the level of safety and quality of services is equivalent to that resulting from the application of the provisions of this royal decree and the applicable international rules, as provided for in Article 1.3 of the Treaty. Directive 2006 /23/EC. Therefore, two national supervisory authorities, one civilian and one military authority, are established in their respective areas.

The national supervisory authority is responsible for the granting, suspension, limitation or revocation of the driver's and air traffic controller's licenses, as well as authorizing and suspending the ratings and associated annotations. It may also propose the establishment of annotations in exceptional cases where the specific characteristics of the air traffic under its responsibility so require and, for safety reasons, the age limit for exercising the attributes of a drive annotation.

It also corresponds to the certification of training providers and all issues related to the approval of training plans and assessment of the competence of controllers and student controllers, and the authorisation of medical centres or medical examiners.

Notwithstanding the above, the national military authority is excepted from the need to certify the military training providers, understanding that the supervision exercised by the different military guarantees an equivalent level of safety and quality of general air traffic services.

Finally, the judgment of the Court of Justice of the European Communities of 16 October 2008 is complied with, by expressly incorporating the conditions for the recognition of national licences issued by other States. members.

This rule is dictated by the development of the provisions of Article 58 of Law 48/1960 of 21 July on Air Navigation, in accordance with the habilitation granted in its fourth final provision, having been heard in its processing of the sectors concerned.

In its virtue, on the proposal of the Minister of Development and the Minister of Defense, with the prior approval of the First Vice President of the Government and Minister of the Presidency, in agreement with the State Council, and after deliberation of the Council of Ministers at its meeting on 2 October 2009,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

This royal decree aims to establish the conditions for obtaining a Community air traffic controller license and the requirements for the exercise of such activity in the field of traffic control. general air.

In addition, the training and training requirements of air traffic controllers are set.

Article 2. Definitions.

For the purposes of the provisions of this royal decree:

1. 'Air traffic control service' means a service provided for the purpose of preventing collisions between aircraft and, in the area of manoeuvres, between aircraft and obstacles, and to speed up and maintain the orderly movement of air traffic by ensuring maximum levels of safety and optimising the airspace and aerodrome capacity.

2. 'Air navigation service provider' means any public or private entity offering its services for the aircraft movements of general air traffic.

3. 'General air traffic' means all movements of civil aircraft, as well as aircraft movements of State, when such movements are carried out in accordance with the procedures of the International Civil Aviation Organisation (hereinafter referred to as 'the International Civil Aviation Organisation'); ICAO).

4. 'licence' means a document issued by the national competent supervisory authority which empowers its holder to provide air traffic control services, in accordance with the ratings and endorsements carried out in accordance with the provisions of this Regulation; royal decree.

5. 'Enabling' means an authorisation that is incorporated or associated with a licence, of which it forms part, in which the specific conditions, privileges or restrictions relating to that licence are laid down. The licence ratings shall be at least one of the following:

a) Visual aerodrome control;

b) Aerodrome control by instruments;

c) Approach control by procedures;

d) Approach surveillance control;

e) Area control;

f) Area surveillance control.

6. "Enablement annotation" means an authorization that is incorporated into a license, of which it is a part, indicating the specific conditions, privileges or restrictions related to the enablement to which it corresponds.

7. 'Unit Annotation' means the authorisation that is incorporated in a licence, of which it is a part, in which the ICAO location indicator is indicated and the sectors and positions in which the licence holder has competence to work.

8. 'Language annotation' means the authorisation that is incorporated in a licence, of which it is a party, which accredits the level of linguistic competence of the holder.

9. "Instructor annotation" means an authorisation incorporated in a licence, of which it is a party, which provides evidence of the suitability of the holder to provide practical training.

10. 'ICAO site indicator' means a four-letter code, formulated in accordance with the provisions prescribed by the ICAO in its manual Doc. 7910, and assigned to the place where a fixed aeronautical station is situated.

11. 'Sector' means a part of a control area or part of a region or a higher region of flight information.

12. 'Training' means all theoretical courses, practical exercises, including simulation courses, where appropriate, and practical training, required to obtain and maintain the skills necessary for the provision of air traffic control services in the safety and high quality conditions. Training consists of:

a) Initial training, which provides the basic and enabling training required for the issue of the driver's license.

(b) Training of a unit, which includes the training of transition prior to the completion of practical training and the practical training required for the issue of the driver's licence for transit air.

c) Continuous training, required to maintain the effectiveness of the log in the license.

d) Instructor training, required to obtain the job training instructor annotation.

e) Training of examiners and evaluators.

13. 'training provider' means an organisation recognised by the national supervisory authority as competent to provide one or more types of training.

14. "Unit training plan" means an approved plan indicating the method by which the unit maintains the fitness of the license holders that make up the unit.

15. 'Unit training plan' means an approved plan detailing the procedures and timetable necessary to provide the training required for the procedures of a unit to be applied to an area, under the supervision of an instructor of duly authorised training.

Article 3. Scope of application.

1. This royal decree applies to air traffic controllers and air traffic controllers who provide their air traffic control services for movements of general air traffic aircraft.

2. The general air traffic control services shall be carried out exclusively by the holders of an air traffic controller licence issued in accordance with the provisions of this royal decree.

CHAPTER II

Air traffic controller and air traffic controller learner license

Article 4. Principles governing the granting of licences.

1. In order to obtain a student licence for air traffic controller or air traffic controller, the applicant shall demonstrate his ability to perform those duties. Aptitude tests shall relate to their knowledge, experience, skills and linguistic competence.

2. The licence shall be issued in favour of the holder and shall be signed by him.

3. The air traffic controller student licence shall include at least one rating and one rating endorsement, if applicable.

4. The licence shall include the elements listed in Annex I.

5. Licences shall be issued in Spanish and shall include a translation into the English language of the items listed in Annex I.

Article 5. Conditions for obtaining the air traffic controller student license.

The requirements for obtaining the air traffic controller student license shall be as follows:

(a) Be 18 years of age and be in possession of the bachelor's degree or a degree that allows access to the university or equivalent.

(b) Having exceeded the courses approved by the national competent supervisory authority, relating to initial training and intended to obtain the required rating and rating, in accordance with the set out in Articles 4.3 and 15.

(c) Be in possession of a valid and valid medical certificate issued in accordance with Articles 25 and 26.

(d) Have demonstrated a sufficient level of language proficiency in English and Spanish in accordance with the requirements set out in Article 16.

Article 6. Privileges of the air traffic controller student license.

The general air traffic controller student license authorizes its holder to provide general air traffic control services under the supervision of a practical training instructor.

Article 7. Conditions for obtaining the air traffic controller license.

1. The requirements for obtaining the air traffic controller licence shall be as follows:

a) Be 21 years old.

Without prejudice to the foregoing, the national competent supervisory authority may issue, where appropriate for objective reasons, the air traffic controller licence to those applicants under 21 years of age. that, in compliance with the other requirements for the issue of such a licence, the initial training and the unit training plan have been completed.

b) To be the holder of an air traffic controller student licence, to have completed a unit training plan provided for in Article 18 and to have successfully passed the relevant examinations or assessments.

(c) Be the holder of a valid medical certificate and in force in accordance with the provisions of Articles 25 and 26.

(d) Have demonstrated a sufficient level of linguistic competence in the English and Spanish languages in accordance with the requirements set out in Article 16.

2. For the exercise of the privileges referred to in Article 8, the licence shall be accompanied by one or more ratings, and the corresponding rating, unit and language entries for which the training has been completed.

Article 8. Privileges of the air traffic controller license.

The air traffic controller license authorizes the holder for the professional exercise of all functions related to the general air traffic control for which it is enabled.

Article 9. Issue, suspension and revocation of driver and student air traffic controller licenses.

1. It is for the national competent supervisory authority to issue the driver's licence and the air traffic controller, once it has been found to comply with the conditions laid down in this royal decree, and to authorise the ratings and endorsements for which the training and the assessment concerned have been exceeded, subject to the request of the data subject.

2. Furthermore, in accordance with the provisions of this royal decree, and after processing the corresponding administrative procedure, it is for the national competent supervisory authority:

a) Suspend the ratings and annotations incorporated in a license, where there are reasonable doubts regarding the fitness of the controller or student air traffic controller.

b) Suspend, limit or revoke the license where applicable, in accordance with the provisions of the sanctioning rules applicable to it.

CHAPTER III

Air Traffic Controller Enabutations and Log

Article 10. Air traffic controller ratings.

Air traffic controller licenses will contain one or more of the following ratings:

a) Enabling visual aerodrome control (ADV). It provides evidence that the holder of the licence is eligible to provide an aerodrome traffic control service at an aerodrome which does not have published approach or exit procedures for instruments.

b) Enablement of aerodrome control by instruments (ADI). Provides that the holder of the licence is eligible to provide an aerodrome traffic control service at an aerodrome which has published approximation or exit procedures by instruments and shall be accompanied by at least one of the annotations as described in Article 11 (1

.

c) Enabling approach control by procedures (APP). It provides that the holder of a licence is eligible to provide an air traffic control service to aircraft arriving, departing or in transit, without the use of surveillance equipment.

d) Approximation surveillance control (APS). It is of the view that the holder of a licence is capable of providing an air traffic control service to aircraft arriving, departing or in transit using surveillance equipment and must be accompanied by at least one of the rating records as described in Article 11 (2).

e) Area control enablement (ACP). It provides evidence that the licence holder is eligible to provide an air traffic control service to aircraft without using surveillance equipment.

f) Area surveillance control (ACS) enablement. Credits the licence holder as being able to provide an air traffic control service to aircraft using surveillance equipment and shall be accompanied by at least one of the rating endorsements described in Article 11 paragraph 3.

Article 11. Enablement annotations.

1. The instrument aerodrome control (ADI) enablement shall include at least one of the following annotations:

a) Control tower (TWR) log, which is credited to the holder as being able to provide control services in cases where the aerodrome control is carried out from a single position of that aerodrome.

b) Land movement control (GMC) annotation, which is credited with making the license holder eligible to exercise such control.

c) Land movement surveillance (GMS) logging, which is granted as a complement to the control tower or ground movement control log, and credits the holder as being able to exercise control of such movements. movements with the assistance of movement guide systems on the surface.

(d) Air Control Annotation (AIR), for which it is credited that the holder is fit to exercise such control.

e) aerodrome radar control (RAD), which is granted as a complement to the air control or control tower log, and credits that the licence holder is fit to exercise the aerodrome control with the assistance of surveillance radar equipment.

2. The approach surveillance control (APS) rating shall include at least one of the following annotations:

a) Radar logging (RAD), whereby the license holder is credited with being able to provide an approach control service using primary or secondary radar equipment.

b) Precision radar logging for the approach (PAR), which is granted as a complement to the radar annotation and credits the license holder as being capable of making ground-based precision approximations, using precision radar equipment in the final approach phase to the track.

c) Monitoring radar approach (SRA), which is granted as a complement to the radar annotation and credits the licence holder as being capable of making ground-based non-precision approximations using surveillance equipment in the final approach phase to the runway.

d) Automatic dependent surveillance logging (ADS), which is credited with ensuring that the holder is able to provide an approach control service, using automatic dependent surveillance systems.

e) Terminal Control Annotation (TCL), which is granted as a complement to the radar or automatic dependent surveillance log, and credits the holder as being able to provide air traffic control services, using any surveillance equipment, intended for aircraft operating in a given terminal area and/or in adjacent sectors.

3. Area surveillance control (ACS) enablement will include at least one of the following annotations:

a) Radar logging (RAD), which is credited with the holder being able to provide area control services using surveillance radar equipment.

b) Automatic dependent surveillance (ADS) logging, which is credited with the holder being able to provide area control services, using automatic dependent surveillance systems.

c) Terminal control log (TCL), which is granted as a complement to the radar or automatic dependent surveillance log, and credits the holder as being able to provide air traffic control services, using any surveillance equipment, intended for aircraft operating in a particular terminal area or in adjacent sectors.

d) Ocean control logging (OCN), which is credited with the holder being able to provide air traffic control services, to aircraft operating in an ocean control area.

4. Without prejudice to paragraphs 1, 2 and 3, by ministerial order, and on a proposal from the national competent supervisory authority, annotations may be established in exceptional cases due solely to the characteristics of the specific to the transit operating in the airspace of its responsibility. Such annotations shall not affect the total freedom of movement of air traffic controllers or the proper provision of control services.

Article 12. Drive annotation.

1. The unit log shall indicate that the licence holder is competent to provide general air traffic control services for a sector, group of specific sectors or jobs under the responsibility of a unit of services of the air traffic, after the completion of the relevant unit training plan approved by the competent national supervisory authority.

2. Where it considers it necessary, the national competent supervisory authority may, for safety reasons, provide that the privileges of a unit annotation shall be exercised only by the holders of a licence up to a certain limit. age.

Article 13. Language annotation.

The air traffic controller license shall contain the corresponding language endorsement of the language proficiency level of its holder in the English and Spanish languages, which shall at least be the one established in the Article 16.

Article 14. Instructor annotation.

The air traffic controller licence may contain an instructor endorsement, indicative of the holder's ability to carry out practical work training tasks in any of the areas covered by an instructor. Enablement in effect.

CHAPTER IV

Training of air traffic controllers

Article 15. Initial training.

1. Initial training shall ensure that air traffic controllers meet at least the basic training and enabling objectives defined by the European Organisation for the Safety of Air Navigation (hereinafter referred to as 'the European Aviation Safety Agency'). EUROCONTROL) in the "Guidelines on basic content and common training objectives for the training of air traffic controllers" in order to ensure that air traffic is regulated in a safe, rapid and secure manner. effective.

2. The initial training will cover the following topics: aviation law, air traffic management (including civil and military coordination procedures), meteorology, navigation, aircraft and flight principles (including understanding between the air traffic controller and pilot), human factors, equipment and systems, professional environment, security and safety culture, safety management systems, unusual and emergency situations, degraded systems and knowledge language (including radiotelephonic phraseology), as well as procedures national security for civil aviation.

3. The teaching of these subjects will be taught in such a way as to prepare stakeholders for the various types of air traffic services, with emphasis on safety aspects, without the need for trainers to maintain their licences and Ratings in effect.

4. The content and structure of the initial training shall be determined in the initial training plan, which shall be drawn up and implemented by the training provider independently of the navigation service provider. air. This initial training plan shall be approved by the national competent supervisory authority, including theoretical and practical courses, simulation exercises, if appropriate, to determine its duration.

5. The skills acquired by the stakeholders will have to ensure their capacity to regulate complex situations of dense traffic, and to facilitate the transition to the formation of unity. After the initial training has been completed, the suitability of the person concerned shall be assessed by appropriate examination of the case or by a continuous assessment system.

Article 16. Language proficiency.

1. Air traffic controllers must demonstrate their ability to speak and understand English and Spanish languages in a satisfactory manner, both in the use of terminology and normalized phraseology, and in language management.

2. Applicants or holders of an air traffic controller licence shall be capable of:

a) Communicate effectively orally (telephone and radio telephone) and in face-to-face situations;

b) Communicate with accuracy and clarity on common, concrete and work-related topics;

c) Use appropriate communication strategies to exchange messages and to recognize and clarify misunderstandings (for example, to check, confirm or clarify some information), in a general or working context;

d) Successfully and easily manage the linguistic challenges that may create a complication or unpredictable evolution of events, in the context of a routine work situation or a task communicative with which they are familiar; and

e) To express themselves in a dialect or with an accent that is understandable to the aeronautical community.

3. The level required for compliance with the above paragraph shall be at least the operational level (4) of the language proficiency rating scale set out in Annex II, both for the English language and for the Spanish language.

4. By way of derogation from the above paragraphs, in those units where air traffic control is provided to a significant volume of international air traffic operations, it may be exempted from the competition requirement. in Spanish, for a limited period of time, to those holders of Community air traffic controller licences in accordance with the provisions of Article 27 of this Royal Decree.

Article 17. Assessment of language competence.

1. The level of linguistic competence shall be assessed, in a transparent and objective manner, by an organisation duly authorised by the national supervisory authority competent to carry out such assessment. The entity shall issue a certificate to the data subject by stating the result of the assessment and the date on which it was carried out, which shall serve as the basis for the corresponding language annotation in the licence.

2. The linguistic competence of the applicant shall be formally assessed at regular intervals in accordance with Article 24, in accordance with the procedure to be determined.

Article 18. Unit training.

1. In order to obtain the air traffic controller license, it is necessary to exceed the corresponding unit training plan by managing actual air traffic.

This training plan, as well as any other unit training plan, shall be approved by the national competent supervisory authority on the proposal of the training providers.

2. The unit training plans shall specify the procedures and the timetable, which are necessary to provide the training required for the procedures of a unit, to be applied to an area under the supervision of an instructor. duly authorized training.

3. The approved plan shall contain all elements of the fitness assessment system, including the forms of work, the assessment and the examination of progress and the notification procedures to the national competent supervisory authority. It will also include transitional training and pre-occupation training, if necessary.

4. The unit training plan shall include, where appropriate, the elements necessary to ensure the adequacy of the training, to the specific national conditions of the unit of service.

5. The duration of the unit training shall be determined in the relevant plan. The assessment of the skills required shall be carried out by appropriate examinations of the case or through a continuous assessment system, and shall be entrusted to examiners or assessors authorised by the national competent supervisory authority, which adopt their decisions in a neutral and objective manner.

Article 19. Continuous training of air traffic controllers.

1. The holders of an air traffic controller licence shall undergo a continuous training process in order to maintain the relevant unit ratings and endorsements in force.

2. Continuous training shall consist of theoretical and practical courses, including simulation exercises, if they come. To this end, the training provider shall establish unit training plans specifying the modalities, staffing needs and duration required to provide continuous and appropriate training, and to demonstrate the suitability of the training provider. of the interested parties. Those plans shall be reviewed and approved by the national supervisory authority at least every three years.

The duration of continuing training shall be established in accordance with the functional needs of the provision of air traffic control services, and in the light of the overall safety management requirements which establish the air navigation service provider entity.

The fitness of any air traffic controller shall be duly assessed at least every three years. Failure to pass the assessment shall result in the loss of effectiveness of the corresponding unit log.

3. The air navigation service provider entity shall ensure that mechanisms are in place to ensure non-discriminatory treatment of licence holders whose entries cannot be extended.

4. In order to ensure that air traffic controllers have sufficient training in security, protection and crisis management, the national competent supervisory authority shall establish a regular programme of audits to the air traffic controllers. air navigation service providers, to verify compliance with the requirements set out in the previous paragraphs.

Article 20. Air traffic controller instructor.

1. The requirements for the holders of an air traffic controller licence for the purpose of obtaining a working training instructor endorsement shall be as follows:

(a) Have provided general air traffic control services for a period immediately preceding not less than one year. However, the national competent supervisory authority may establish a higher period depending on the complexity of the service, taking into account the ratings and endorsements for which the instruction is given.

b) Having completed and successfully completed a practical training instructor course approved by the national competent supervisory authority, during which appropriate examinations have been carried out to assess the required pedagogical knowledge and skills.

2. The validly awarded instructor endorsement shall be effective for a renewable period of three years.

Article 21. Examiners or assessors of fitness.

1. The national competent supervisory authority shall authorise the holders of licences to act as an examiner or an aptitude assessor in the framework of the training of unit and continuing training.

2. The validly granted authorisation shall be effective for a renewable period of three years.

CHAPTER V

Effective of ratings and annotations

Article 22. Conditions for maintaining the unit log in effect.

1. The validly granted unit log shall be effective for an initial period of twelve months.

2. The effectiveness of the unit log shall be extended for successive periods of 12 months if the air navigation service provider demonstrates that:

(a) The applicant for the extension has exercised the privileges of the licence for a minimum number of hours to be indicated in the unit's competition programme, over the preceding twelve months.

The minimum number of hours of work, not counted with those dedicated to the instruction tasks, required to maintain the validity of the unit annotation for which the extension is requested, may be reduced for the (i) practical work training in proportion to the time spent on the instruction of student controllers in such training.

b) The candidate has completed the training required by Article 19, and

c) The candidate holds a valid and valid class 3 medical certificate.

Article 23. Revalidation of the ratings and annotations.

1. When the drive log expires, a drive training plan must be exceeded to revalidate the annotation.

2. The holder of a rating or rating endorsement, which has not provided air traffic control services associated with such rating or rating endorsement for a period of four consecutive years, may only start a unit training in that rating or rating rating, following an appropriate assessment of its knowledge and capabilities, in which it is determined that it is still eligible to satisfy the conditions of that rating or rating enablement.

In the event that the outcome of the assessment determines that the holder does not fully or partially satisfy the conditions of that rating or rating endorsement, the training provider shall develop a training plan which must be approved by the national supervisory authority in order to overcome the skills gaps. Once this training plan has been exceeded, the holder may initiate the training of the unit in that enablement or rating annotation.

3. After the unit training plan is exceeded to revalidate the unit annotation, the unit shall remain in force for the duration of 12 months provided that the candidate is in possession of a class 3 medical certificate in force, which is extended in accordance with the provided in the previous article.

Article 24. The effectiveness of the language annotation.

1. The periods of effectiveness of the language annotation will depend on the level of linguistic competence, as follows:

a) Operational level (4): Three (3) years.

b) Advanced level (5): Six (6) years.

c) Expert level (6): Indefined.

2. The language annotation must be renewed at the end of its period of effectiveness, and a new assessment of the level of linguistic competence must be submitted.

CHAPTER VI

Medical Requirements

Article 25. Medical certificates.

1. Medical certificates for air traffic controllers shall be issued by the medical centres or medical examiners which, without prejudice to being authorised by the competent authority in accordance with health legislation, have obtained the authorisation from the national competent supervisory authority, in accordance with the requirements adopted by EUROCONTROL for the European medical certificate of class 3.

2. The rules for the development of this royal decree shall lay down, in accordance with the rules of EUROCONTROL, the medical requirements necessary for obtaining the class 3 aeronautical medical certificate and the duration of the effectiveness of the medical certificate, taking into account the age of the student controller or air traffic controller.

3. Decisions taken on the issue or renewal of medical certificates may be reviewed by independent medical courts.

Article 26. Revocation or suspension of the medical certificate.

1. The air navigation service provider and the training provider shall not allow a controller or student air traffic controller to exercise its privileges where there are reasonable indications of a reduction in the psycho-physical capacity or when it is under the influence of any psychoactive substance, alcohol or any medicinal product which may prevent it from exercising the privileges referred to in the licence, in a correct and safe manner. The procedures laid down for this purpose shall be approved by the competent national supervisory authority.

2. In addition, the air navigation service provider and the training provider shall establish appropriate procedures, which shall be approved by the national competent supervisory authority, in order to deal with cases of capacity reduction psycho-physical, allowing the holder of a driver's license or student air traffic controller to notify that he has noticed a decrease in that capacity, or that he is under the effects of some psychoactive substance or some medicinal product which could prevent him from exercising the privileges conferred by the licence, correct and secure.

3. Where these circumstances are met, the national competent supervisory authority, on its own initiative, at the request of the air navigation service provider, the training provider or the controller or student controller may require the interested to renew his medical certificate, or to initiate a procedure of revocation or suspension of the effectiveness of the medical certificate from which the controller or student controller is holder.

CHAPTER VII

Air Traffic Controller Community License Recognition

Article 27. Mutual recognition of Community air traffic controller licences.

1. It is the responsibility of the State Aviation Safety Agency (EASA), in accordance with the powers conferred on it, the recognition and acceptance of Community air traffic controller licences, as well as their ratings, the associated language rating and endorsements, which have been issued by the national supervisory authorities of the Member States of the European Union, as well as the accompanying medical certificate.

EASA shall proceed to the recognition and acceptance of the licence only in cases where it has been issued in accordance with the provisions and principles laid down in Directive 2006 /23/EC of the European Parliament and of the European Parliament Council of 5 April 2006 on the Community air traffic controller licence. The competent authority of the European Union may be consulted in advance by the competent authority of the European Union.

In any case, the applicant for the license recognition must exceed the age limit of 21 years.

2. In cases where the licence holder exercises the privileges of the licence in a Member State other than that in which the licence was issued, the licence holder shall have the right to change it by a licence issued by the licence holder. national supervisory authority of the Member State in which it exercises its powers, without imposing additional conditions.

3. EASA, before proceeding to the unit log, shall verify the improvement of the relevant unit training plan and the fulfilment of the specific conditions associated with the relevant annotation, specifying the unit, the sector or group of sectors or position or positions for which the corresponding training has been exceeded.

In the development of the unit training plan, the training provider shall take into account the skills acquired by the applicant and his/her experience.

AESA, with respect to the principles of non-discrimination and proportionality, shall approve the training plan for the unit containing the training proposed for the person concerned, within a maximum period of six weeks from the date of submission of the training. of the documentation.

Article 28. Cooperation between national supervisory authorities.

The national competent supervisory authority shall provide appropriate information and mutual assistance to other national supervisory authorities of the European Union in order to ensure the correct application of the Directive 2006 /23/EC of 5 April, and in particular cases affecting the free movement of air traffic controllers within the European Union.

CHAPTER VIII

Training Providers

Article 29. Certification of training providers.

1. Except as provided for in Article 35.2 in relation to military training providers, the provision of training services to air traffic controllers within the scope of this royal decree, as well as the provision of services to air traffic controllers. the assessment procedure shall be subject to certification by the national competent supervisory authority.

2. The requirements for obtaining certification are those described in Article 30.

3. Applications for certification by training providers in Spain for their principal place of operation and, where appropriate, their registered office, shall be addressed to the competent national supervisory authority.

4. The competent national supervisory authority shall grant and issue the training provider certificate where the persons concerned comply with the requirements laid down in Article 30 and shall fix the period of validity which, on the basis of each Case, to the capacity of the suppliers, may not exceed five years.

5. Certificates may be issued in relation to each type of training or in combination with other air navigation services, in which case the type of training and the type of air navigation service shall be certified as a set of services. The certificates shall specify the information set out in Article 31.

6. The national competent supervisory authority shall, by means of regular audits and, where appropriate, monitor on the spot, monitor compliance with the requirements and the conditions attached to the certificates. If the national competent supervisory authority finds that the holder of a certificate has ceased to satisfy those requirements or conditions, it shall take the appropriate measures, including suspension or withdrawal of the certificate. certificate, after hearing of the person concerned.

7. The national competent supervisory authority may decide on the full or partial delegation of the audit functions and inspections referred to in the previous paragraph, in recognised organisations in accordance with Article 3. Regulation (EC) No 550/2004 of the European Parliament and of the Council of 10 March 2004 on the provision of air navigation services in the single European sky and other implementing rules.

8. Certificates issued in another Member State shall be recognised by the national competent supervisory authority in accordance with Directive 2006 /23/EC of 5 April.

Article 30. Requirements for certification of training providers.

In order to obtain the certification referred to in the previous article, the training providers must prove that they are equipped with the appropriate personnel and equipment, and that they operate in an appropriate environment to provide training required for the obtaining of the air traffic controller or air traffic controller student licences. In particular, they must prove that:

(a) They have an effective management structure and have sufficient staff with due skills and experience to provide training in accordance with the rules set out in this royal decree.

b) Dispose of the necessary premises and equipment suitable for the type of training to be provided.

(c) With an instruction manual approved by the national competent supervisory authority, in which the methodology to be observed in determining the content, organization and duration of the training courses is detailed, the unit training plans and the unit training plans, as appropriate, including how the examinations or assessments are to be organised.

For examinations relating to initial training, including practical training in a simulator where appropriate, examiners or assessors shall meet the requirements laid down in Article 21 and the other conditions shall be met. establish the national competent supervisory authority.

(d) Possess a quality management system that ensures that the training services provided meet the standards set out in this Royal Decree and other applicable regulations.

(e) They provide sufficient funding to provide training in accordance with the rules laid down in this Royal Decree, and that the activities are sufficiently covered by insurance appropriate to the nature of the training that is delivered.

Article 31. Content of certificates from training providers.

The certificates must specify the following data:

a) Authority that issues the certificate.

b) Identity of the data subject.

c) Type of services that are certified.

(d) Statement that the data subject complies with the requirements set out in Article 30.

e) Date of issue and period of validity of the certificate.

CHAPTER IX

Air traffic controllers aptitude

Article 32. Guarantee of the ability of air traffic controllers.

In order to ensure the level of fitness required for air traffic controllers to perform their duties while maintaining a high level of safety, the national supervisory authority shall carry out the supervision and the monitoring of the training they receive.

Article 33. Air traffic controller database.

The national competent supervisory authority shall ensure that a database is maintained in which the information relating to the fitness of all licence holders is retained under its responsibility and the date of expiration of their annotations.

To that end, the operational units of the air navigation service providers shall keep records of the hours actually provided in the sectors, groups of sectors or jobs for each licence holder which work on the unit, and must transmit this information to the national competent supervisory authority, at the request of the national competent supervisory authority, as well as any alleged reduction in the competence or competence for the exercise of the powers conferred on a air traffic controller gives you your license, ratings, and annotations.

CHAPTER X

Competent authorities and sanctioning regime

Article 34. State Air Safety Agency.

The State Aviation Safety Agency is the national civil oversight authority, which will perform the tasks assigned in this royal decree in relation to air traffic controllers and student controllers, who exercise their duties. functions under the responsibility of civil air navigation service providers or civil training providers.

Article 35. Ministry of Defense.

1. The General Staff of the Air Force is the military supervisory authority, which will carry out the tasks assigned in this royal decree in relation to air traffic controllers and student controllers, who perform their duties under the the responsibility of military air navigation service providers or military training providers.

2. In accordance with the provisions of art. 7.5 of Regulation EC 550/2004 of 10 March, the national military supervisory authority shall not be required to certify the military service provider of air navigation services. It will also not be obliged to certify to military training providers or to authorise military organisations for the assessment of linguistic competence. However, they must comply with the requirements set out in Article 30.

The national supervisory authority shall ensure that the level of safety and quality of services to general air traffic is equivalent to that resulting from the application of the provisions of this royal decree and the applicable international rules.

Article 36. Sanctioning regime.

Failure to comply with the precepts contained in this royal decree and in its development regulations, by air traffic controllers and student controllers who perform their duties under the responsibility of suppliers civil aviation services, or civil aviation providers, constitutes an administrative infringement in the field of civil aviation in accordance with the provisions of the sanctioning regime governed by Law 21/2003 of 7 July 2003, Air safety.

First transient disposition. Exchange of ratings and annotations of air traffic controllers.

1. Within one year and with respect to the holders of licences, ratings and endorsements issued by the Directorate General of Civil Aviation under Royal Decree 3/1998 of 9 January on the civil aviation professional title and Air traffic controller license shall be determined by resolution of the State Aviation Safety Agency, the requirements and procedures for the practice of the new annotations configured by this royal decree, as well as for the exchange by that authority, of the ratings and endorsements in force issued in accordance with the rules previously in force by those laid down in this Standard, while maintaining the privileges corresponding to the ratings and endorsements for which they were holders.

2. The State Aviation Safety Agency shall estimate the requests for the recognition of air traffic controller licences issued by citizens of the European Union prior to the entry into force of this royal decree, by means of the issue of a Spanish national air traffic controller licence, provided that the person concerned shows that the aeronautical training received for obtaining the licence is equivalent to the training established in Spain under the Royal Decree 3/1998 of 9 January.

In addition, the interested party must have a fluent knowledge of the Spanish and English languages and have a class 3 medical certificate in force issued in accordance with the requirements adopted by EUROCONTROL.

Both licenses and associated enablement ratings and ratings will be recognized, provided that the training received is equivalent to that established in Spain prior to the entry into force of the this royal decree.

In the event of no aeronautical training equivalent to that in force in Spain prior to the entry into force of this royal decree, the State Aviation Safety Agency may require the performance of a traineeship or the exceeding an aptitude test to compensate for the differences in existing training. In any case, the person concerned shall have the right to receive in Spain the theoretical-practical training necessary to obtain an annotation of unity that allows him to practice the profession of controller in Spain.

Second transient disposition. Deadline for implementation of the royal decree by the military supervisory authority.

Within one year, the national supervisory authority will have to lay down the rules, approve the procedures and take the necessary measures to ensure that the military controllers providing control services General air traffic comply with the requirements of this royal decree.

It shall also establish a procedure for the exchange for such authority of the ratings and endorsements issued in accordance with the rules previously in force, for those established in this standard, maintaining between the privileges corresponding to the ratings and endorsements for which they were holders.

Transitional provision third. Compliance with the provisions of linguistic competence.

Students air traffic controllers and holders of an air traffic controller licence shall, as of 17 May 2010, comply with the language proficiency requirements set out in Article 17.

Transitional disposition fourth. Certification of civil training providers.

Within one year of the entry into force of the aeronautical circulars referred to in paragraph 1 of the third final provision, the State Security Agency shall certify the civilian training providers of the aircraft. air traffic controllers.

Single repeal provision. Regulatory repeal.

1. Royal Decree 3/1998 of 9 January 1998 on the civil aviation professional title and air traffic controller licence is hereby repealed, subject to the provisions of paragraph 2 of the first transitional provision.

The Order of the Ministry of Defence No 511/601/1982 of 24 February 1982 on air traffic controller licence for Air Force personnel and the Order of the Ministry of Defence 4/1990 of 9 December 1982 is repealed. January, on the general rules for the granting, validation, revalidation, renewal, extension and cancellation of the staff fitness cards with aeronautical certification, as regards the air traffic controller staff.

Likewise, how many provisions of equal or lower rank are opposed to the provisions of this royal decree.

2. Order FOM/2418/2007 of 25 July, determining the medical requirements necessary for obtaining the aeronautical medical certificate of class 3 referred to the air traffic controller license, as development of this real decree, will continue to be applicable in so far as it does not object to the provisions of the same.

Final disposition first. Competence title.

This royal decree is issued under the exclusive competence conferred on the State by Article 149.1.20. of the Constitution on air space control, transit and air transport.

Final disposition second. Incorporation of European Union law.

This royal decree incorporates into Spanish law Directive 2006 /23/EC of the European Parliament and of the Council of 5 April 2006 on the Community air traffic controller licence.

Final disposition third. Aeronautical circulars.

1. The Directorate-General for Civil Aviation, acting on a proposal from the State Aviation Safety Agency, shall establish, by means of aeronautical circular, the organisational and other requirements to be met by the civilian providers of training subjects. certification, as well as civil organisations carrying out the assessment of the level of linguistic competence of air traffic controllers, in accordance with the procedure laid down in Article 8 of Law 21/2003 of 7 July 2003, Air Safety.

2. The Directorate-General for Civil Aviation shall adopt the aeronautical circulars necessary to incorporate the guidelines or criteria which are agreed at international level, in accordance with the procedure and with the limits laid down in Article 8 of this Regulation. The Law cited above.

Final disposition fourth. Regulatory enablement, execution, and application.

1. The Ministers of Development and Defense are enabled to develop the provisions of this royal decree, in the field of their respective competences.

2. The National Supervisory Authorities, in the field of their powers, shall adopt the necessary resolutions for the implementation and enforcement of this royal decree.

Final disposition fifth. Entry into force.

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

Given in Madrid, on October 2, 2009.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX I

Specifications for licenses

The licences issued by the Spanish State in accordance with this royal decree shall comply with the following specifications:

1. Details:

1.1 The following details must be included in the license:

a) Name of the state or authority issuing the license (in bold);

b) License title (in very thick bold);

(c) In Arabic numbering, the serial number given to the licence by the issuing authority;

d) Full name of the holder;

e) Date of birth;

f) Holder nationality;

g) Signature of the holder;

h) Certification of validity and authorization for the holder to exercise the privileges of the license, with the indication of:

1. º Enablement, Enablement Log, Language Log, Instructor Log, and Unit Log;

2. º The initial expedition date;

3. The dates when their validity expires;

i) Signature of the official who issued the license and date of issue;

j) Seal or stamp of the issuing authority.

1.2 The license will be accompanied by a valid medical certificate.

2. Material: First quality paper or other suitable material will be used. The elements listed in paragraph 1 shall be clearly visible on this material, which shall be white.

ANNEX II

Language proficiency rating scale: Expert, advanced and operational levels

Level

selection of grammatical structures and orational patterns is governed by the appropriate language functions for the task.

Pronunciation	Structure	Vocabulary	Fluency	Understanding
	Expresse in a dialect or with an understandable accent for the
Expert 6	pronunciation, tonic accent, rhythm, and intonation can be affected By the mother tongue or the dialect of its own, but they almost never make comprehension difficult. cto itself, but they almost never make comprehension difficult.	basic and complex grammatical structures, as well as of the orational patterns.	The variety and precision of the vocabulary are sufficient to maintain effective communication on a wide range of known topics or not. The vocabulary is idiomatic, it presents nuances and varies according to the records. records.	Ability to hold prolonged conversations fluently. Use of verbal flow to create stylistic effects (for example, to highlight some point). Spontaneous use of correct speech markers and connectors.	Accuracy systematically in understanding in case all contexts (which includes understanding of linguistic subtleties and cultural). s).	Fluid Interaction in almost all situations. Sensitive to verbal signals and responds to them correctly.
Advanced 5	pronunciation, tonic accent, rhythm, and intonation can be affected by the native language or dialect But they almost never make understanding difficult.	Systematic domain of grammar structures and basic orational patterns. Attempts to use complex structures, albeit with errors that sometimes make the expression difficult. Attempts to use complex structures, albeit with errors that sometimes make the expression difficult.	The variety and precision of the vocabulary are sufficient to maintain effective communication on common, concrete and work-related topics. Systematic use of paraphrase. The vocabulary is idiomatic at times.	Ability to hold extended conversations on known topics with some fluidity, but without varying the verbal flow as a stylistic tool. Ability to use correct speech markers and connectors. as on known topics with some fluidity, but without varying the verbal flow as a stylistic tool. Ability to use correct speech markers and connectors.	Precision in understanding when it comes to common, concrete, and work-related topics. Minor accuracy to a complication or an unpredictable evolution of events. Ability to understand a variety of speech types (dialects and accents) or records. render a variety of speech types (dialects and accents) or records.	Immediate, appropriate, and information-loaded responses. Effective management of relaxation between speaker and listener
4	pronunciation, tonic accent, rhythm and intonation can be affected by the mother tongue or the dialect of their own, but they almost never make comprehension difficult.	Creative use and frequent mastery of grammatical structures and patterns basic orations. Errors can occur, especially in unusual or unexpected circumstances, although without generally making it difficult to express the expression. the expression.	variety and precision of vocabulary are usually sufficient to maintain effective communication on common, concrete and work-related topics. Frequent use of the paraphrase to supplement the lack of vocabulary in unusual and unexpected circumstances.	Ability to produce discursive units at an appropriate rate. Occasional loss of fluency in the transition from the use of formulas or texts tested to spontaneous interaction, although without impeding effective communication. Limited use of speech markers or connectors. The mulletillas do not constitute a distraction factor. fluidity in the transition from the use of formulas or texts tested to spontaneous interaction, although without impeding effective communication. Limited use of speech markers or connectors. The mulletillas are not a distraction factor.	Widespread accuracy in understanding when it comes to common, concrete and work-related topics and the accent or dialect used is sufficiently intelligible to the international community of users. In the face of a linguistic or situational complication or an unpredictable assessment of events, understanding may be slower or require clarification strategies. s sufficiently intelligible for the international community of users. In the face of a linguistic or situational complication or an unpredictable assessment of events, understanding may be slower or require clarification strategies.

Language proficiency rating scale: Preoperational, elementary, and preelementary levels

Level

Pronunciation	Structure	Vocabulary	Fluency	Understanding
	Expresse in a dialect or with an understandable accent for the aeronautics community	The selection of grammatical structures and orational patterns is governed by the appropriate linguistic functions for the task.
Preoperational	pronunciation, tonic accent, rhythm and intonation are affected There is no mastery of the grammatical structures and the basic orational patterns associated with foreseeable situations	Errors frequently make expression difficult	The variety and precision of the vocabulary are usually sufficient to maintain communication in relation to common, concrete, or related topics. the job, but its scope is limited and the choice of terms is often incorrect. Frequent inability to supply the lack of vocabulary through paraphrase.	Ability to produce discursive units, although the structure of the phrase and breaks are usually incorrect. Effective communication can be hampered by hesitations or slowness of linguistic processing. The mulletillas are sometimes a distraction factor.	Frequent accuracy in understanding when it comes to common, concrete and work-related topics and the accent or dialect used is sufficiently intelligible to the international community of users. Possible inability to understand in the face of a complication in the linguistic or situational plane or an unpredictable evolution of events. s sufficiently intelligible to the international community of users. Possible inability to understand in the face of a linguistic or situational complication or an unpredictable evolution of events.	Answers on immediate, appropriate and appropriate occasions loaded with information. Reasonable facility to initiate and maintain exchanges on known topics and in foreseeable situations. Usual inability to maintain an unpredictable evolution of events
2	The pronunciation, the tonic accent, the rhythm and intonation are affected by the mother tongue or the dialect of their own, and make it almost always difficult to understand.	Limited domain of a small number of grammatical structures and patterns simple, previously memorialized orational.	Variety limited vocabulary (isolated words and memorized phrases).	Ability to produce very brief, previously memorized segments with frequent pause. The muletillas constitute a distraction factor for the search for expressions and the articulation of little known words. in the articulation of little-known words.		Slow response time, with improprieties common. Interaction is limited to simple routine exchanges
Preelementary 1	It is below the elementary level.	It is below the elementary level	It is below the elementary level	It is below the elementary level	Located below the elementary level	It is located below the elementary level