Royal Decree 547/2006 of 5 May concerning the safety of third-country aircraft using airports and other aerodromes located in Spanish territory, incorporated into our legal order the Directive 2004 /36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third country aircraft using Community airports. Pursuant to that Directive, the procedure for the conduct of ramp inspections or ramp inspections of third country aircraft and the risk scenarios for air safety in which the immobilisation of such aircraft is appropriate has been determined. In addition, the rules for the collection, processing, exchange and dissemination of information related to air safety arising from these inspections were established.

Commission Directive 2008 /49/EC of 16 April 2008 amending Annex II to Directive 2004 /36/EC of the European Parliament and of the Council of 21 April 2004 lays down the procedure for the implementation of ramp inspections of third country aircraft, classifies non-compliance with international standards into three categories according to their severity and impact on safety, and points out the corrective measures to be taken in each case. Commission Directive 2008 /49/EC of 16 April 2008 also regulates, for the first time, the training of persons carrying out a ramp inspection to ensure that they have the necessary qualifications to examine the various aircraft elements that influence their safety and that their knowledge is kept up to date. Finally, you approve the new forms to draft the inspection reports.

The purpose of this royal decree is to incorporate Commission Directive 2008 /49/EC of 16 April 2008. Since numerous amendments are necessary to the articles of Royal Decree 547/2006, of 5 May, a new royal decree has been chosen to replace Royal Decree 547/2006 of 5 May and to transpose Directive 2004 /36/EC of the European Parliament. European Parliament and the Council of 21 April 2004, as amended by Commission Directive 2008 /49/EC of 16 April 2008.

This royal decree is issued pursuant to the third final provision of Law 21/2003, of 7 July, of Air Safety, which regulates the aeronautical inspection in its Title III, and under the State competition on transit and air transport, as set out in Article 149.1.20. of the Constitution.

In its virtue, on the proposal of the Minister of Public Works, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of April 24, 2009.

DISPONGO:

CHAPTER I

General provisions

Article 1. Object and scope of application.

1. This royal decree is intended to regulate ramp inspections of third country civil aircraft landing at airports open to international air traffic located on Spanish territory, in order to establish and maintain a uniform and high level of safety in civil aviation.

Aircraft which are used or operated under the control of a competent authority of a Member State of the European Union or of the European Civil Aviation Conference may be inspected in accordance with the programme of Assessment of the safety of foreign aircraft (SAFA programme), launched by the European Civil Aviation Conference in 1996.

2. The provisions of this royal decree shall apply to the ramp inspections referred to in the preceding paragraph, without prejudice to any other inspections carried out by the aeronautical authority or to the measures to be taken under the legislation. in force on air safety.

3. State aircraft, military and non-military aircraft, and aircraft of a maximum take-off mass of less than 5,700 kg not engaged in commercial air transport activities are excluded from the scope of this royal decree.

Article 2. Definitions.

For the purposes of the provisions of this royal decree:

(a) "Land mobilisation" means the formal prohibition of an aircraft leaving an airport, and the adoption of the necessary measures to immobilize it.

(b) "International security standards": the safety standards contained in the Convention on International Civil Aviation, signed in Chicago on 7 December 1944 and in its Annexes, in the version in force at the time of the inspection.

(c) "ramp inspection" means the examination of aircraft from third countries in accordance with the provisions of this royal decree which are carried out inside the airport.

(d) "third country aircraft" means aircraft which are not used or operated under the control of a competent authority of a Member State of the European Union or of the European Civil Aviation Conference.

Article 3. Competent authority.

The ramp inspection of third-country aircraft landing at airports open to international air traffic on national territory is the responsibility of the State Aviation Safety Agency.

CHAPTER II

Ramp Inspections and Correction Measures

Article 4. Cases where ramp inspections are to be carried out.

1. Ramp inspections of third-country aircraft shall be carried out whenever there are indications of an infringement of international safety standards and, in particular, for the following reasons:

(a) When information has been received on the poor maintenance conditions of the aircraft, or, they have obvious damage or defects.

(b) Where information is available that they have performed, from their entry into the airspace of a Member State of the European Union, abnormal manoeuvres that raise serious concerns about their safety.

(c) Where a prior ramp inspection has revealed deficiencies that would allow the aircraft to fail to comply with international safety standards, and the aeronautical authority shall indicate that the deficiencies have not been corrected.

d) When aircraft are registered in countries whose competent authorities do not exercise adequate safety oversight.

(e) Where there are indications that the aircraft operator does not comply with international standards, by virtue of the information obtained pursuant to Article 12, or where, in the past, an aircraft used by the same operator has shown deficiencies in a ramp inspection.

2. Ramp inspections shall be carried out in accordance with the inspection plans or pursuant to the specific action orders taken by the Director of the State Aviation Safety Agency. In both cases, sampling systems may be included, even where there are no particular suspicions, which in no case will be inspired by discriminatory criteria, being strictly oriented to air safety.

In the preparation of such specific plans or orders, priority allocation criteria shall be taken into account in ramp inspections as laid down in Commission Regulation (EC) 351/2008 of 16 April 2008, by Directive 2004 /36/EC of the European Parliament and of the Council as regards the allocation of priority in the ramp inspections of aircraft using Community airports.

Article 5. Elements of the inspection.

1. In a ramp inspection all or some of the highlights in the Annex should be checked.

Persons carrying out a ramp inspection shall gather the necessary knowledge for the field of inspection to be checked.

2. Ramp inspection will be as complete as possible within the time and resources available. In the selection of the items to be inspected, the objectives of the European Union's foreign aircraft safety assessment programme (SAFA) shall be taken into account in addition to the time and resources available.

3. The rules under which the various aspects of the aircraft and the operator will be verified are the rules of the International Civil Aviation Organisation (ICAO) and the European Regional Supplementary Procedures of the ICAO. When the technical conditions of an aircraft are inspected, it shall also be checked for compliance with the standards of the aircraft manufacturer.

In the inspections of aircraft subject to the supervision of other Member States of the European Union and of the European Civil Aviation Conference participating in the SAFA programme, the provisions shall also apply. relevant community.

Article 6. Procedure of the inspection.

1. The procedure for carrying out ramp inspections on aircraft from third countries shall be in accordance with this royal decree and in the guidance documentation published by the European Aviation Safety Agency.

2. Ramp inspections shall be carried out in the presence of the aircraft commander or, in the absence thereof, of any flight crew member or other operator representative. In another case or where it is not possible to inform any representative of the operator, the inspection may only be carried out in justified cases and shall be limited to a visual check of the exterior of the aircraft.

3. Ramp inspections should not cause excessive delay in the departure of the inspected aircraft. Possible causes may be, inter alia, concerns regarding the proper preparation of the flight, the airworthiness of the aircraft, or any matter directly related to the safety of the aircraft and its occupants.

The consequences of the aircraft's stoppage as long as the inspection measures are carried out, will be assumed by the operating company, which will, in any case, provide due assistance to the passengers or users for any delays that occur.

Article 7. Documentation of the inspections.

1. The result of ramp inspections shall be documented in accordance with this royal decree and shall include at least the data contained in the printed standard forms by Community legislation.

2. The evidence of the inspection shall be documented by the inspection and the ramp inspection report. Those documents shall contain the content of the Appendices to Annex II to Directive 2004 /36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using the airports of the European Union. Community.

3. A copy of the inspection test shall be delivered to the aircraft commander or, in his absence, to a flight crew member or to a representative of the aircraft operator.

The ramp inspection report shall be transmitted to the centralised database on ramp inspections managed by the European Aviation Safety Agency within 15 working days from the date of the inspection.

Article 8. Classification of the defaults.

The deficiencies, irregularities or non-compliances detected in the items under inspection are classified according to the following scale:

a) Category 1 defaults: those who have little influence on security.

b) Category 2 defaults: those that can have a major influence on security.

c) Category 3 defaults: those that can have a fundamental influence on security.

Article 9. Follow-up and correction measures.

1. Where a category 1 non-compliance is detected, verbal information shall be provided to the aircraft commander or, in his absence, to a flight crew member, or to the representative of the operator who is present at the inspection of the aircraft. the results of the inspection, and shall be given the supporting documentation of the inspection referred to in Article 7.2. This documentation shall also be delivered if the detected non-compliances are of category 2 or 3.

2. In the case of non-compliance with Category 2, the State Aviation Safety Agency shall request the operator to describe and accredit the measures it has taken to correct the deficiencies found.

The State Aviation Safety Agency shall send the same request to the State responsible for the supervision of the operator and shall request, if appropriate, its opinion on the corrective measures taken. It may also forward to the responsible State a communication concerning ramp inspections carried out in a given period on aircraft under its supervision.

The State Aviation Safety Agency shall forward a report each month to the European Aviation Safety Agency on the state of implementation of the corrective measures taken.

3. Where a category 3 non-compliance is recorded in an inspection, the actions described for a category 2 non-compliance shall be carried out and the following measures taken, depending on their impact on the safety of the aircraft and the safety of the aircraft. its occupants:

(a) The restriction on the flight operations of the aircraft: the aircraft may only make its departure under conditions to be determined by the competent authority of the State Aviation Safety Agency or the officials responsible for the inspection.

(b) The adoption of corrective measures before the flight: the operator of an aircraft shall take all necessary measures to rectify, before departure of the flight, the deficiencies noted by the inspection staff. These include the performance of a non-ticket positioning flight to the aircraft maintenance base.

(c) The immobilisation of the aircraft: if the inspection staff finds that the corrective measures have not been properly implemented prior to the departure of the flight and that the aircraft is in breach of international safety standards; In such a way as to involve a certain, serious and immediate risk to air safety, the State Aviation Safety Agency shall order the aircraft to be immobilised in accordance with Article 30 of Law 21/2003 of 7 July and shall immediately inform the the aeronautical authority to which the operator concerned depends and the State in which it is registered the aircraft.

The State Aviation Safety Agency may also agree, in collaboration with the State responsible for the operation of the aircraft or the State in which the aircraft is registered, with the necessary conditions under which it may be allow the aircraft to fly without passage to an airport or other aerodrome where the deficiencies can be corrected.

If the deficiency affects the validity of the airworthiness certificate of the aircraft, the immobilization may only be lifted when the operator has the authority of the State or States to be overflown. during that positioning flight.

(d) The immediate operating ban: this measure may only be taken in the light of an immediate and obvious risk to air safety under the terms laid down in Article 6 of Regulation (EC) 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on the information to be received by air passengers on the identity of the operating company, and repealing Article 9 of Directive 2004 /36/EC of the European Parliament and of the Council European Parliament and the Council of 21 April 2004.

This measure will be adopted in accordance with Article 30 of Law 21/2003, of July 7, if it involves the suspension of approvals or authorizations previously granted.

When the measures provided for in paragraphs (c) and (d) are adopted, the inspection report shall be communicated to the participating States of the SAFA programme and to the European Commission.

CHAPTER III

Training of the staff of the inspector team

Article 10. Qualification of the staff of the inspector team.

1. Persons carrying out ramp inspections shall comply with one of the following requirements:

a) Having the title of aeronautical engineer or aeronautical engineer.

b) Be or have been in possession of an airline pilot license.

c) Be or have been in possession of an aircraft maintenance license.

(d) Contar with professional experience in tasks related to the operation of aircraft, personnel licenses, airworthiness or dangerous goods for which an aeronautical degree or license is not required.

The aeronautical circular will specify the qualifications and training conditions, the recent experience and the language skills required for the performance of SAFA inspections.

2. In addition to the training and experience referred to in the previous paragraph, persons carrying out a ramp inspection shall be required to pass a specific course on the SAFA programme which shall consist of a theoretical part and another practice, including the participation as an observer in a series of ramp inspections.

3. Persons carrying out ramp inspections shall carry out a minimum number of ramp inspections per year and participate in continuing training activities to be determined in order to maintain their qualification as ramp inspectors.

Article 11. Subjects who can provide training for ramp inspections.

1. Theoretical and practical training, as well as continuing training may be provided by the State Aviation Safety Agency, by duly recognised independent entities or by the competent authorities of another Member State of the Union. European Union or the European Union itself.

In any case, the training received must comply with the plans of study approved by the European Aviation Safety Agency.

2. The practical training referred to in the previous Article may be provided by persons who have been on ramp for the three years preceding the designation as a trainer and have carried out at least 36 inspections in the last three years. ramp.

3. The State Aviation Safety Agency shall assess the independent Spanish or other Member States which provide training to ramp inspectors acting under the direction and supervision of the Spanish Authority, in order to verify that their training activities are in line with the curricula approved by the European Aviation Safety Agency.

The assessment system should be simple, transparent and proportionate and take into account any guidance documents published by the European Aviation Safety Agency. It shall also take into account the results of the assessment carried out by other Member States on the same entity or by the European Aviation Safety Agency, at the request of the State Aviation Safety Agency.

CHAPTER IV

Processing the information

Article 12. Collection of information.

1. The State Aviation Safety Agency shall establish a system for the collection and processing of useful information for compliance with the provisions of this royal decree. This system shall be compatible with the rules and procedures which, where appropriate, the European Union adopts and shall include at least the following elements:

(a) Important security information that is available through the event notification system in civil aviation or from:

1. Pilot notifications.

2. Notification of maintenance entities.

3. Incident notifications.

4. Notifications from other independent organisations of the competent authorities of the Member States.

5. Complaints.

b) Information on measures taken after an ramp inspection, such as:

1. Grounding of the aircraft.

2. Prohibition of the aircraft or operator operating in the Spanish State.

3. Need for corrective action.

4. Contacts with the competent authority of the operator.

c) Operator tracking information, such as:

1. Corrective measures applied.

2. Failure repetition.

2. The collection of the information provided for in this Article shall be carried out by means of standardised reports which shall include the data contained in the type report model set out in Annex I to Directive 2004 /36/EC of the European Parliament and of the Council of 21 April 2004.

3. Provided that the information collected in accordance with this Article leads to the existence of a potential safety risk, the State Aviation Safety Agency shall without delay communicate the standard report for the authorities concerned. competent of the States participating in the SAFA programme and the European Commission.

Article 13. Exchange of information.

1. The State Aviation Safety Agency shall cooperate in the exchange of information provided for in Article 5.1 of Directive 2004 /36/EC of the European Parliament and of the Council of 21 April 2004 with the aeronautical authorities of the Member States. Member of the European Union.

2. The State Aviation Safety Agency shall make available to the European Commission, without delay, and at the request of the European Aviation Safety Agency and the aeronautical authorities of the Member States, all reports to which it is refers to the previous article and the evidence of the inspection referred to in Article 7.2.

Article 14. Protection and dissemination of information.

1. The State Aviation Safety Agency shall take the necessary measures to ensure the confidential treatment and the good use of the information received and exchanged pursuant to the previous Article.

2. The dissemination of this information shall be carried out exclusively according to the following criteria:

a) It may only be used for the purposes specified in this royal decree.

(b) The European Commission, the European Aviation Safety Agency and the aeronautical authorities of the Member States may access this information.

(c) Only limited dissemination shall be permitted where necessary to ensure air safety, or where a law expressly provides for it.

3. Personnel of the State Aviation Safety Agency who access the information shall in no case disclose the identifying data of persons who voluntarily provide information on aircraft deficiencies.

Single additional disposition. Application of the Aeronautical Inspection Regulation.

Royal Decree 98/2009 of 6 February, approving the Aeronautical Inspection Regulation, will only apply to the inspections that regulate this royal decree, in the absence specified by this and when it is appropriate the nature of the activity.

Single transient arrangement. Inspector staff.

Persons who have the qualification provided for in Article 10 and regularly carry out inspections on aircraft may participate in ramp inspections carried out on the basis of the entry into force of this real. decree. However, they must continue, at least, a continuous training course before 1 July 2010 and subsequently those determined in order to continue to carry out this function.

Single repeal provision. Regulatory repeal.

Royal Decree 547/2006 of 5 May, concerning the safety of third-country aircraft using airports and other aerodromes located on Spanish territory, is hereby repealed.

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 transit and air transport.

Final disposition second. Incorporation of European Union law.

This royal decree incorporates into Spanish law Directive 2004 /36/EC of the European Parliament and of the Council of 21 April 2004 on the safety of third-country aircraft using airports of the Community as amended by Commission Directive 2008 /49/EC of 16 April 2008.

Final disposition third. Regulatory enablement.

1. The Minister of Public Works will dictate the provisions necessary for the development of this royal decree.

2. The Director-General of Civil Aviation is hereby authorised to develop the training programmes referred to in Article 10 by means of an aeronautical circular; to determine the minimum number of inspections per year to be carried out by the inspectors. their qualifications and to provide training to others; and to define the rules for the assessment of institutions providing training in this field.

In the preparation of these aeronautical circulars, the guidance documentation approved by the European Aviation Safety Agency shall be taken into account.

The Director-General of Civil Aviation shall also approve the standard reporting models provided for in Articles 7.2 and 12.2 by means of an aeronautical circular. Those models shall be drawn up by reference to the forms set out in Annexes I and II to Directive 2004 /36/EC of the European Parliament and of the Council of 21 April 2004.

Final disposition fourth. Entry into force.

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

Given in Madrid, 24 April 2009.

JOHN CARLOS R.

The Minister of Development,

JOSE BLANCO LOPEZ

ANNEX

On-ramp inspection items

The ramp inspection must include all or part of the following, depending on the time available:

1. Verification of the existence and validity of documents required for international flights, such as certificate of registration, book on board, certificate of airworthiness, licenses of crew members, license of the station radio, passenger list and cargo manifest.

2. Verification that the composition and qualification of the flight crew comply with the requirements of Annex 1 and Annex 6 to the Chicago Convention (ICAO Annexes).

3. Verification of the operational documentation (flight data, flight operational plan data, aircraft technical book) and flight preparation required to demonstrate that the flight has been prepared in accordance with ICAO Annex 6.

4. Verification of the existence and status of the devices required for international navigation, in accordance with ICAO Annex 6:

a) Air Operator Certificate.

b) Certificate noise and emissions.

c) Manual of operations (including minimum equipment list) and flight manual.

d) Security equipment.

e) Cabin security equipment.

(f) Equipment required for the flight in question, including radio communication and radio navigation equipment.

g) Flight data registers.

5. Verification that the conditions of the aircraft and its equipment (including damage and repairs) ensure compliance with the standards set out in ICAO Annex 8.