Law 21/2003, of July 7, of Air Safety, came to strengthen the public powers of intervention on the transit and the air transport, giving to the National Aeronautical Authority of the necessary legal instruments to ensure the proper application of national and international regulations on safety in transport, air navigation and airport systems and facilities.

Title III of Law 21/2003, of 7 July, sets out the legal status of the aeronautical inspection activity, the privileges of those who perform it, the form and the documents in which they are carried out and the procedure for the correction of deficiencies. It is necessary, however, for a more detailed regulation of the aeronautical inspection to develop and complete the mandates and rules, necessarily general, which are set out in Title III of the law. At the same time, account must be taken of the development that the concept of security has experienced in recent years and the way in which the aeronautical administration has to deal with approaches that are no longer based on multiplication. The Commission has also been involved in the implementation of the internal market in the field of human health and the environment. In this context, the activity of the Administration is oriented towards the verification of these systems and procedures by means of audit schemes that allow the suitability of these systems to be assessed on an ongoing basis.

It is therefore appropriate in this royal decree to give the aeronautical inspection of an organizational and procedural framework that allows it to act with safety and efficiency, thus achieving the last end of its performance, that not is another than the guarantee of air safety.

In the configuration of this organizational framework, account is taken of the creation of the State Aviation Safety Agency, by Royal Decree 184/2008 of 8 February, approving its Statute, which has assumed the Aviation inspection functions attributed by Law 21/2003, July 7, to the Ministry of Public Works and the Directorate General of Civil Aviation. Therefore, references to the governing body of the powers are made to the State Aviation Safety Agency.

Following the criterion laid down in Law 21/2003 of 7 July, the aeronautical inspection is configured as a set of actions aimed at controlling or monitoring compliance with the aeronautical regulations, which, due to the The number of subjects on which it may fall and the different profile that its actuaries may have, is not attributed by the law to specific administrative units or civil servants, but to the people who perform the jobs in bodies with inspection powers which are identified as inspection posts. In the regulation that this royal decree approves, the organizational aspects of the aeronautical inspection, such as the attribution of the inspection functions, the faculties of the personnel who carry them out or their ordination by the organs, are regulated. competent, as well as the procedures to be followed when carrying out this administrative activity.

Within the multiple tasks that can be considered as aeronautical inspection actions, listed in a non-exhaustive way in Article 4, the aeronautical inspection regulation focuses on its scope exclusively in the actions carried out by the State Aviation Safety Agency, directly or through public bodies or state mercantile companies that have the condition of their own instrumental and technical service of the General Administration of the State.

Aeronautical inspection actions governed by international or Community law standards or procedures, as well as those carried out through the collaborating entities provided for in Article 26 of Law 21/2003, 7 July, or through organizations or organizations recognized to carry out these types of actions will be governed by their specific regulations. From a material point of view, military aircraft, military aircraft personnel and airfields and military systems, as well as meteorological services, are excluded from their scope. In airport systems that are not in the general interest, the aeronautical inspection shall only be carried out in the areas of state competence, such as air space control, transit and air transport.

Law 21/2003, of July 7, has brought about a great change in the design of the aeronautical inspection, since the traditional concept of control of compliance with the administrative regulations is exceeded, as before the exercise of the sanctioning powers, and includes the functions of the aeronautical inspection the technical collaboration with the individuals, the object of which is to see the fulfilment of the necessary requirements for the obtaining and maintenance of the titles that they enable for the performance of activities and operations aircraft.

In the article of the regulation, this double conception of the inspection is reflected. Thus, while the inspection of compliance with the rules on civil aviation is intended to be an autonomous administrative action, which concludes with an inspection report, the inspection measures for the purpose of the supervision of the necessary elements for obtaining, maintaining, renewing or revoking official enabling documents, are regulated as a set of activities inserted within the relevant administrative procedure of enabling, the subject of which is the issue of a technical opinion to be used as a basis for the administrative act of granting, renewal or revocation in question.

Article 25 of Law 21/2003, of July 7, affirms the eminently functionary nature of the organization of the aeronautical inspection, and therefore, the regulation attributes the performance of the inspections to the officials occupying posts with inspection powers, in such a way that it is up to those officials to carry out and direct the action, culminating in the formalisation of the relevant minutes or opinions technical. Likewise, it is for these officials to whom the character of authority is recognized and the exorbitant powers listed in Article 25.2 of the law are attributed.

However, in accordance with Article 25.1 and the fourth provision of Law 21/2003 of 7 July 2003, the possibility of entrusting auxiliary or administrative support to other officials or other officials is acknowledged. public employees, and material of inspection of a technical or specialized nature to public bodies and state mercantile societies that have the status of own instruments of the General Administration of the State and its public bodies. The relationship between the different persons involved in the aeronautical inspection activities is articulated through the figure of the "inspector team", in which the coordination and issuance of administrative acts with legal effects against the (minutes, technical opinions, communications and requirements) is reserved for responsible officials, who may, however, require the collaboration of other public servants or employees assigned to the bodies with powers of inspection or of public bodies and state commercial companies which are (a) means of the administration's own instruments in carrying out tasks of support or of a technical or specialized nature. This scheme does not, however, interfere in the sphere of responsibility of each individual acting, who must only respond to his own actions, by requiring that liability in accordance with the provisions of Law No 30/1992 of 26 November 1992. the legal status of the public authorities and the common administrative procedure, in the case of public employees, or the state body or company in respect of which it has acted on its staff.

The management of aeronautical inspection actions is based on the basic criterion of planning, as a necessary instrument, not only to organise the inspection activity internally, but to provide security for the the recipient of such actions. In the light of the inspection plans, the bodies with inspection powers shall formulate the relevant action orders where the inspection measures to be carried out, or uniform categories of inspection activities, shall be specified. Outside of the inspection plans and orders, any inspector shall be covered by a specific inspection order issued by the Director of the State Aviation Safety Agency.

All the actions carried out in the course of an inspection should be documented in order to record the actions taken and to guarantee the rights of the inspected. The regulation determines the various documents of the aeronautical inspection in accordance with Article 28 of Law 21/2003 of 7 July, and the administrative practice in this field. In particular, it is regulated to issue exclusively the officials responsible for the inspection, which are the requirements, the minutes and the technical opinions, and those which can be signed when they have no legal effects vis-à-vis third parties or of a mandatory nature by the members of the inspection team in which that condition is not met, such as requests for collaboration, measures and reports, and technical parts, in which the actions carried out by such staff shall be taken into account. To the latter, although without this name, Article 8 of the Order FOM/2140/2005 of 27 June 2005, which regulates the orders to be carried out by the State Society of Civil Aviation Teachings, S.A. for the execution of actions own materials of the aeronautical inspection.

Staff carrying out ancillary or administrative support activities for the aeronautical inspection and the entities referred to in the fourth additional provision of Law 21/2003 of 7 July cannot link the inspected with his/her performance, but the documents in which his/her actions are taken will be integrated into the file and will test the actions carried out by them.

Aeronautical inspection activities are regulated on the basis of the common administrative procedure laid down in Law 30/1992 of 26 November, while adapting it to the specialities of this administrative activity. collected in Law 21/2003 of 7 July. By understanding the exercise of administrative powers over the inspectorate, the inspection is surrounded by a series of procedural guarantees to safeguard their rights. Inspection measures are always initiated on their own initiative, by means of a communication from the inspector, which shall be notified to the inspectorate in the regulatory control measures, except in cases where the nature of the inspection (a) the disclosure of this information, in which case it will be sufficient for initiating proceedings. Where the inspection activity is inserted in the framework of a procedure for obtaining, maintaining or renewing an official document or rating, the initiation of the aeronautical inspection shall be established by means of diligence.

The hearing of the interested parties, which will be given before the completion of the inspection activities, is used to submit to their conformity the result of the inspection. As a result, the minutes with which the regulatory control inspection actions are completed may be issued in accordance with the inspectorate or with its opposition. In both cases, the act may reveal deficiencies, irregularities or non-compliances liable to be remedied, as well as in the monitoring of the conditions for obtaining or renewing official ratings. Under Article 29 of Law 21/2003 of 7 July, the subject of the remedy shall be conditional upon the granting or renewal of the requested title and, in the case of checks, it may prevent the initiation of an infringement procedure or limitation, suspension or revocation of the certificates of inspection.

The maximum period for the minutes to be given to the minutes with which the regulatory control measures are completed is six months. The duration of the inspection activities for the procurement, maintenance, renewal or revocation of official titles shall be in accordance with that of the main administrative procedure to which it serves.

Finally, the regulation deals with the extraordinary measures which, under Article 30 of Law 21/2003, of 7 July, may be adopted by the Director General of Civil Aviation and, at the State Aviation Safety Agency, his Director, in accordance with his Staff Regulations, where irregularities have been found in civil aircraft, equipment or installations that have a certain, serious and immediate commitment to air safety. These extraordinary measures can be taken in the course of an aeronautical inspection or when one of these actions is not initiated, provided that aeronautical safety is compromised.

This royal decree is made in use of the enabling that the third final provision of Law 21/2003, of July 7, grants the Government to dictate the necessary provisions for the development of the law.

In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Public Administration, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on February 2009,

DISPONGO:

Single item. Approval of the Aeronautical Inspection Regulation.

The Aeronautical Inspection Regulation is approved, the text of which is inserted below.

Single additional disposition. Mandatory use of electronic means.

1. The legal persons listed in Article 32 of Law 21/2003 of 7 July 2003 on Air Safety, as well as the associations and public law corporations existing in the aeronautical sector, must use electronic means in their communications with the Directorate General of Civil Aviation or the State Aviation Safety Agency.

2. The entities and subjects mentioned above must have an electronic address which ensures compliance with the requirements set out in Articles 27.3 and 28.2 of Law 11/2007 of 22 June of the electronic access of citizens to the public services, for the practice of electronic notifications.

3. The Subsecretariat of Promotion and the competent body of the State Aviation Safety Agency, in the field of action of the latter, shall publish in the "Official State Gazette" and in their respective electronic headquarters the procedures to which they affect these rules.

Final disposition first. Competitive titles.

This royal decree is issued under the exclusive competence of the State on airports of general interest; air space control, transit and air transport, and aircraft registration, as set out in Article 149.1.20. of the Constitution.

Final disposition second. Regulatory development and enforcement and enforcement measures.

1. The Minister of Public Works will dictate the rules of development that this royal decree requires.

2. The Directorate-General for Civil Aviation and the State Aviation Safety Agency shall, in the field of their respective powers, take the necessary measures for the implementation and implementation of the Aeronautical Inspection Regulation.

Final disposition third. Entry into force.

This royal decree will enter into force three months after its publication in the "Official State Gazette".

Given in Madrid, on February 6, 2009.

JOHN CARLOS R.

The Minister of Development,

MAGDALENA ALVAREZ ARZA

AERONAUTICAL INSPECTION REGULATION

TITLE I

General provisions

Article 1. Object.

The purpose of this regulation is the development of the regulation of the aeronautical inspection that determines Law 21/2003, of July 7, of Air Safety.

Article 2. Definitions.

For the purposes of this Regulation:

(a) Aeronautical Inspection Acts: the set of activities that make up the inspection procedure entrusted to the Ministry of Public Works in aeronautics.

(b) Auxiliary activities or support for the aeronautical inspection: a set of tasks of a nature ancillary to the inspection for not putting an end to the actions, preventing its continuation or affecting the rights or freedoms of the inspected.

(c) Technical or specialized aeronautical inspection materials: a set of technical collaboration tasks with the inspection for which special knowledge is required theoretical, technical or scientific, material in nature not to immediately create rights or obligations in the inspected.

(d) Organs with inspector competence: those bodies of the State Aviation Safety Agency which, in accordance with their Staff Regulations, have assigned aeronautical inspection functions.

(e) Current personnel: a set of persons who, in accordance with the provisions of Article 7, may develop all or some of the actions involved in the aeronautical inspection.

(f) Responsible official: official who performs an integrated job in an organ with an inspector's competence, having the task of carrying out the work of the inspection aeronautics.

g) Aeronautical inspection equipment: sets of persons with the capacity to develop aeronautical inspection activities, consisting of the bodies with inspection powers under the coordination of an official responsible for the development of one or more activities or category of aircraft inspection activities.

h) Responsible official coordinator: responsible official who leads an inspection team.

Article 3. Scope of application.

This Regulation shall apply to aeronautical inspection activities carried out by the State Aviation Safety Agency, directly or through public bodies or state-owned commercial companies which have the following: the condition of the instrument itself and the technical service of the General Administration of the State and its bodies and entities governed by public law, which shall be entrusted with the execution of material performances of the aeronautical inspection of the technical or specialised character.

Aeronautical inspection actions governed by European Community law rules or procedures, as well as those carried out through any body or organisation recognised in accordance with the law international or community to carry out such actions, shall be governed by its specific rules, applying this regulation in an extra way in all that does not contradict that.

The activity of the collaborating entities in the field of aeronautical inspection will be governed by Law 21/2003 of July 7, and by the rules that are dictated in the development of its article 26.

Article 4. Purpose of the aeronautical inspection.

1. The aeronautical inspection covers the following actions:

(a) Control compliance with the rules that mandate the different activities of civil aviation in each of the areas defined in Article 22 of Law 21/2003 of 7 July.

(b) To verify compliance by aeronautical personnel with the obligations inherent in the performance of their duties, as well as the operation in accordance with the applicable standards of training centres, of medical examiners and medical-aeronautical centres.

(c) Carry out the checks, inspections, tests and checks necessary to verify and prove compliance with the conditions and requirements laid down for the issue, maintenance and renewal of the documents airworthiness and, in general, requirements for the operation of aircraft.

(d) carry out the checks, inspections or checks necessary to verify and prove the security conditions required for the establishment and operation of the airport systems and facilities affected by the air navigation system.

e) Verify systems and procedures to ensure compliance with the technical and safety rules applicable to the activity carried out by air transport service operators and the operators or providers of airport and air navigation services.

(f) Carry out the checks, inspections, tests and checks necessary to verify compliance with the conditions and requirements laid down for staff and organisations involved in the provision or the operation of air navigation systems and the use or maintenance of facilities affected by the air navigation system.

g) Carry out the checks, controls, inspections or checks necessary to verify and prove compliance with the conditions and requirements for obtaining and maintaining licenses and authorisations for the operation of air carriers.

(h) Check, monitor and inspect the continuity, safety, proper functioning and enforcement of the rules for the application of air traffic and transport services, air work, private transport, local flights and other air traffic activities.

i) Check the existence and validity of the systems for the protection of risks arising from air transport, as well as the deposits, bonds and guarantees required.

(j) Control and inspect the compliance by air carriers and their agents of their public service obligations, special arrangements for access to the civil aviation market, obligations relating to tariffs and Air transport subsidies, as well as the compliance with the aeronautical regulations in the field of air transport contracts.

k) To monitor and control slot allocation procedures, use of slots, or compliance with in-flight schedules.

(l) Check compliance by air carriers and their agents of their obligations to air transport users, with particular attention to persons with reduced mobility.

m) Meet the obligations and functions of a nature inspector that Spain has assumed in whole or in part from the aircraft of registration of another State, if they are operated by an air operator having its office principal or permanent residence or operate in a stable way in Spain.

n) Provide the necessary collaboration to persons authorised by the institutions and other bodies of the European Union as well as other international bodies with powers in the field of civil aviation to carry out inspections and investigations in Spanish territory.

(o) How many other aeronautical inspection activities on the subjects referred to in Article 5 of Law 21/2003 of 7 July, resulting from national rules or European Community law and are entrusted to the Ministry

2. The provisions of this Article shall be without prejudice to the powers, obligations and powers of surveillance and police which correspond to other public administrations, bodies or administrative bodies in the exercise of their powers. competencies.

Article 5. Scope of the aeronautical inspection.

1. In accordance with Article 20.2 of Law 21/2003 of 7 July, the aeronautical inspection is extended to all aircraft, aircraft products and equipment, airport and air navigation systems and their management processes, to the services, activities and works related to civil aviation, both in flight and ground operations, to aeronautical personnel and to the operators or operators of such services and activities.

However, for the purposes of this Regulation, the inspection measures relating to the establishment, construction and operation of airport systems shall be deemed to be limited to those which are of competence. of the General Administration of the State. In the other airports and aerodromes, the aeronautical inspection activity shall be limited to those extremes which fall within the competence of the State Administration.

2. Security inspections against acts of unlawful interference in the implementation of the National Security Programme for Civil Aviation shall be carried out at all airports open to commercial air transport operations.

3. Excluded from the field of aeronautical inspection:

a) Military aircraft.

b) Military aeronautical personnel.

(c) Air navigation systems and installations associated with military air bases or aerodromes, air bases open to civil traffic, aerodromes used jointly by an air base and an airport, and military airfields and heliports.

d) Weather services.

4. Aircraft registered in other States having entry or exit from Spanish territory and their crews may be subject to this inspection in accordance with Spanish legislation, with the rules of European Community law and with the International treaties and conventions.

Article 6. Applicable rules.

The functions, powers and actions of the aeronautical inspection will be governed:

a) By Law 21/2003, July 7.

(b) By this Regulation and other rules laid down in the development of Law 21/2003 of 7 July.

(c) By Law 30/1992, of 26 November, of a legal regime of public administrations and of the common administrative procedure.

d) For how many other provisions are in place and are applicable in the current legal order.

TITLE II

Inspection Organization

Article 7. Attribution of the aeronautical inspection functions.

1. The aeronautical inspection activities shall be carried out by the officials responsible for carrying out the work of the bodies with inspection powers assigned to them for carrying out the inspection activities. aeronautics.

2. Other officials or public employees assigned to the bodies with the inspection powers of the State Aviation Safety Agency may be entrusted with the task of carrying out tasks or activities which are ancillary or supporting the activities of the State. aeronautical inspection.

3. To the staff of the public bodies, of the state society "Services and Studies for Air Navigation and Aeronautical Safety, S.A." and other State-owned commercial companies which have a status as a means of their own instruments and technical service of the General Administration of the State and their bodies and entities governed by public law, may be designated for the execution of the Technical and/or specialised aeronautical inspection material actions.

The procedures for the provision of these agencies and state societies for the implementation of technical cooperation with the aeronautical inspection will be approved by the State Aviation Safety Agency.

Article 8. Designation of staff for the exercise of inspection activities.

1. The Director of the State Aviation Safety Agency shall identify by resolution, in the various bodies with inspection powers, the positions of the performance of the activities of the aeronautical inspection.

2. The officials responsible may be assisted by one or more inspection teams, which shall be composed of one or more persons with the capacity to carry out inspection tasks in accordance with Article 7.

Aeronautical inspection teams should be in any case coordinated by a responsible official. However, taking into account the hierarchical structure of the State Aviation Safety Agency, officials responsible for coordinating other responsible officials may be appointed, who will be hierarchically subject to the first ones.

Aeronautical inspection equipment shall be temporarily constituted for one or more inspection activities or on a permanent basis for uniform categories of inspection activities by the bodies with inspection powers.

3. Any changes in the composition of the designated inspector team in the relevant order of action and, where appropriate, the designation made for an inspection by the coordinating officer responsible shall be notified to the inspected.

Article 9. Powers of the actuary staff.

1. In the implementation of the inspection activities entrusted to them by the bodies with inspection powers, the officials responsible shall have the powers conferred on them by Article 25.2 of Law 21/2003, 7 of July.

2. The officials responsible shall be the same, empowered to:

(a) Gathering information from workers, employees, contractors or subcontractors on matters relating to the activities in which they participate.

b) Make measurements and obtain photographs, sketches or drawings.

c) To seek the opinion of experts. To this end, the optional staff to be determined may be provided by the bodies with inspection powers.

d) Verify the internal control systems of the entities performing aeronautical activities.

e) Require of the person concerned the translation of any documents with significance for the inspection actions which, according to the applicable rules, must be written in Spanish.

3. The rest of the actuary staff member of an aeronautical inspection team will request from the inspected the due collaboration in the development of the inspector's performance and, in case of negative response, will urge the official responsible the exercise of the prerogatives listed in the preceding paragraphs.

Article 10. Staff obligations.

1. All actuary personnel carrying out the activities of the aeronautical inspection are subject to the following obligations:

(a) To serve with objectivity to the general interests and to act in accordance with the constitutional principles of effectiveness and hierarchy, with full submission to the law and to the law and subject to the technical criteria and guidelines received from your superiors.

(b) Refrain when there is any reason for those laid down in Article 28 of Law 30/1992 of 26 November.

(c) In the exercise of their duties, without any loss of their authority or the performance of their duties, observe the maximum correction with the citizens and other personnel assigned to the facilities and services inspected and to procure To the extent possible to disrupt the operation of these.

d) Save the due professional secrecy and secrecy with respect to the matters that you know for the reason of your charge, as well as with respect to facts, data, reports, origin of possible complaints or records that you knew in relation to the exercise of their duties.

2. In any case, the duties and professional obligations laid down in the health legislation shall be observed in aeronautical inspection activities with medical or health implications.

3. All personnel assigned to organs or dependencies with inspection powers are subject to the same duty of secrecy and secrecy as the actuary staff.

4. At the request of the inspectorate, the actuary staff shall inform the person about the meaning of the inspection measures, the procedure to be followed, their rights and the duties and duties to be observed for the inspection. aeronautics.

Article 11. Management of aeronautical inspection actions.

1. The staff involved in the aeronautical inspection activities shall carry out the tasks entrusted to them under the protection and in accordance with the orders for action to be carried out and instructions given by the operators of the bodies with responsible inspection powers for the matter or, failing that, by virtue of a specific order of action issued by the Director of the State Aviation Safety Agency.

2. The inspection orders shall be in accordance with the principle of scheduled work, in response to the aeronautical inspection plans approved by the Director of the State Aviation Safety Agency, which shall in turn be in conformity with the guidelines to be established by the Order of the Minister for Development in relation to their periodicity, content, form of approval and implementation.

In those cases where, apart from the aeronautical inspection plans, it is necessary to carry out inspection measures, such unscheduled performances must be covered by specific action orders which approve the Director of the State Aviation Safety Agency.

3. Both the inspector's action orders and the specific action orders may comprise either one or more specific inspection measures as well as uniform categories of inspection activities, in any event the designation of the equipment or (a) teams of inspectors responsible for carrying them out as well as their scope of material, temporal and territorial implementation. The coordinating officer responsible for each team may select among the actuaries of each team, the persons authorised to carry out an inspection, depending on their capacity to carry out conformity inspection tasks. as referred to in Article 7.

Article 12. Accreditation of actuary staff to third parties.

1. The actuary staff, in addition to being covered by the relevant order of action or specific order for action under the provisions of the preceding Article, shall be required to identify themselves when acting before third parties by means of the corresponding accreditation issued by the State Aviation Safety Agency.

2. The accreditation of personnel involved in a performance of aeronautical inspection shall be carried out by means of the display of the relevant official document issued by the State Aviation Safety Agency, in which it shall include:

(a) The actuary staff class, as referred to in Article 7.

b) First and last names.

(c) Faculties of its holder, the scope of its functions and the limits to which its exercise is subject to the provisions of this Regulation.

3. In any event, the issued accreditations shall enable the actuary staff to access the operational and restricted areas of the airports, where this is necessary to carry out the inspection.

4. The accreditations shall not be valid unless they are accompanied by the relevant order of action and, where appropriate, the designation made by the responsible official coordinator for carrying out the inspection.

Article 13. Treatment of information.

1. The data relating to the scheduled inspections, to those carried out and the results of the inspections resulting from the corresponding reports and technical opinions shall be recorded in an electronic information system of the State Agency. Air Safety, in order to ensure the homogeneous treatment of information and its statistical exploitation.

2. The necessary measures shall be taken to ensure the confidential treatment and good use of the information stored in the information system referred to in the preceding paragraph. Likewise, only limited dissemination shall be permitted where necessary to ensure air safety, or where otherwise expressly provided for by another law.

3. The provisions of this Article shall be without prejudice to the collection of the information resulting from the aeronautical inspections in any other legally constituted databases and without prejudice to the obligations of access and dissemination of such information derived from national and international standards.

TITLE III

General aspects of aeronautical inspection

CHAPTER I

Types of aeronautical inspection actions

Article 14. Regulatory control inspection actions.

1. The regulatory control actions shall be aimed at controlling compliance with the rules that mandate the different activities of civil aviation.

2. The object of the regulatory control actions will be:

a) Constant compliance with the regulations by the inspected.

(b) Advert and require, where appropriate, the remedy of possible deficiencies, irregularities or non-compliances.

c) Constantly possible administrative violations in the field of civil aviation.

(d) to propose, in the light of the outcome of the inspection carried out, the opening of a sanctioning procedure or of the administrative procedures necessary for the limitation, suspension or revocation of the titles, licenses, enabling, authorisations, approvals or certificates necessary for the exercise of aeronautical and airport activities, serving as a basis for the resolution of such procedures.

3. If, during the course of the aeronautical inspection activities, the actuary staff warn of deficiencies, irregularities or non-compliances in their object, they shall propose to the relevant body with inspection powers the the opening of a new inspector procedure.

However, if the new deficiencies, non-compliances or reported irregularities are related to the subject matter of the ongoing inspection, the responsible official may request the body with powers. inspecting the extension of the inspection object, which shall be agreed, where appropriate, by that body by means of a resolution to be brought to the attention of the inspected.

Article 15. Monitoring activities for monitoring.

1. Monitoring activities carried out by the aeronautical inspectorate are carried out to verify the requirements for obtaining, retaining and renewing certificates, approvals, authorisations, licences, ratings and, in general, the official documents which they enable for the performance of tasks, the performance of activities and the provision of aeronautical services.

2. The monitoring activities are carried out by the nature of the acts of instruction and are inserted as such in the course of the administrative procedures for the purpose of granting, retaining and renewing certificates, approvals, authorisations, licences, ratings and, in general, the official documents which they enable for the performance of tasks, the performance of activities and the provision of aeronautical services.

CHAPTER II

Aeronautical inspection actions

Article 16. Modalities of aeronautical inspection actions.

1. The aeronautical inspection activities may be integrated by:

(a) Visit and analysis of elements, such as aircraft, on land and in flight, airports, aerodromes, premises, land, facilities and services, in order to collect directly how much information is considered required.

b) Requirement and analysis of the documentation, information, equipment, material and substances deemed necessary to carry out the aeronautical inspection actions.

(c) Technical actuations of a material nature intended to verify the proper functioning of the procedures, services, systems, apparatus or elements affecting transport and air navigation.

(d) Realisation of tests, understood as a test of aviation safety measures in order to test the effectiveness and implementation of existing safety measures.

e) Data and background checks held by the Public Administrations. To this end, on a proposal from the head of the body with inspection powers, the Director of the State Aviation Safety Agency may ask other administrative bodies for a background or information to check compliance with the applicable rules.

(f) Analysis of the administrative file, where the content of the administrative file is sufficient to establish and conclude the action to initiate and conclude the inspection.

g) Audit of the organisation, procedures and verification and control programmes established by persons engaged in activities covered by civil aviation regulations, such as the management systems of the security.

2. Inspection activities, whatever the mode in which they are initiated, may be continued or supplemented by the practice of other or other forms of action described in the preceding paragraph which are deemed necessary for to complete the procedure. The result of the use of each inspector shall be documented in a diligence.

The change from one mode to another does not interrupt or suspend the maximum resolution of the inspector procedure.

Article 17. Development of the actions.

1. The inspection activities shall be continued until their completion, in accordance with their nature and character.

2. If the inspection is carried out on the aircraft, facilities, services or premises of the person concerned, the working day of the office or the activity governing the office shall be observed, without prejudice to the fact that, with the agreement of the person concerned, it can be agreed that the inspection is developed on a different schedule.

3. Where exceptional circumstances warrant, the inspection may take place outside the days and hours referred to in the preceding paragraph, subject to the authorisation of the holder of the body with inspection powers.

4. Where the actions are carried out in the offices or premises of the inspected, the inspection staff shall make an appropriate place of work available to the staff, as well as the necessary auxiliary means.

CHAPTER III

Interested in the inspection actions

Article 18. From those interested in the inspection actions.

1. They are obliged to attend to the personnel carrying out the aeronautical inspection tasks all those persons, natural or legal, who carry out some activity in the field of civil aviation, and in particular the following:

a) Aeronautical personnel.

b) Flight schools and aeronautical training centres and aerocclbes.

(c) Entities engaged in the design, production and maintenance of aircraft and aeronautical products.

d) Air operators.

e) Air carriers and air service companies.

f) Air navigation service providers.

g) Airport services agents and suppliers.

(h) Managers of airports, aerodromes and other airport facilities.

i) Passengers and other users of aeronautical services.

j) Collaborative entities in the field of aeronautical inspection.

k) Those who are bound by the applicable rules to provide the Administration with any data, reports or background with aeronautical significance.

2. Aeronautical inspection activities shall, in general, be understood with the natural person inspected or with the person who, in accordance with national or international rules of application, has the representation of the company, entity or aircraft operator subject to inspection.

This may be understood with persons designated by the companies, entities or operators in their manuals or procedures as responsible for the item, activity, service or system submitted for inspection. In their absence, the actions shall be understood to mean who could prove to be in charge or be responsible for the aircraft, aerodrome, premises, land or facility.

3. Where the inspector's performance takes place within a procedure to obtain, maintain and renew the certificates, approvals, authorizations, licences, ratings and, in general, the official documents which they enable for the performance of duties, the performance of activities and the provision of aeronautical services, aeronautical inspection activities shall be understood with the applicant for such official documents or the person designated by him in the request.

4. The duty of collaboration with the inspection extends to both the natural or legal persons subject to the inspection and to their employees, collaborators or subcontractors.

Article 19. Presence of the inspected in the inspection activities.

1. The inspectorate or its representative must be present in the course of the inspection activities where appropriate for the appropriate practice of those activities.

The other actions or proceedings may be taken by the inspected subject or his representative whenever they wish to do so.

2. The inspected subjects may intervene in the inspection activities assisted by an adviser, who may at all times advise his client, and whose manifestations, in the presence of the inspected, shall be considered to be made by him if he does not opposes them.

Article 20. Voluntary representation.

1. Subject to the provisions of Article 18, subjects subject to an aeronautical inspection shall be able to act by means of a representative, with whom successive administrative action shall be taken if no demonstration is held in

Cannot be acted upon by means of a representative where the nature of the actions requires the personal intervention of the inspected.

2. The representation shall be expressly stated in all proceedings or proceedings, joining the file, if any, with the evidence of the power granted. If the representation has been granted by public document, the reference to it shall be sufficient, joining the copy simple copy or photocopy with diligence performed by the actuary.

3. The revocation of the representation shall not affect the validity of the action taken with the representative before the inspection team has been made aware of this.

CHAPTER IV

Documentation of the inspecting actions

Article 21. General rules.

1. All actions carried out in the course of an aeronautical inspection will be documented in the form provided for in this chapter.

2. Inspection documents may be drawn up without prejudice to a pre-established model, unless the State Aviation Safety Agency considers it necessary to approve standard models for those actions, the content of which permits Resolution of the Director of the State Aviation Safety Agency.

3. In any event, the inspection documents and standard models approved by the State Aviation Safety Agency shall comply with their content and configuration to the requirements laid down in the applicable specific rules or derivatives of international standards and regulations.

4. Documents collecting the result of aeronautical inspection actions shall in any event be notified to the inspected, without prejudice to the communication to any other subjects, entities or bodies under the provisions of the rules specific to the application.

Article 22. Communications or requirements.

1. They are communications or requirements the documentary means by which the officials responsible are unilaterally related to any person in the exercise of their inspection duties.

2. In the case of communications, the officials responsible may put facts or circumstances to the attention of the persons concerned and ask for the inspection of the necessary cooperation. Specifically, it will be stated through communication:

a) The beginning of the inspection actions.

(b) Requests for additional documentation deemed necessary in order to be able to continue or conclude the aeronautical inspection actions.

(c) The actions to be carried out by the inspectorate in the framework of the inspection activities in order to achieve the good result of the inspections, with an express indication of the time limit for carrying them out.

(d) Requests for the remedy of deficiencies, whether or not they constitute an infringement, that may be remedied in the course of the inspection activities.

3. Communications, once signed by the responsible official, shall be notified to the persons concerned in accordance with the regulatory rules of the administrative procedure.

4. The communications shall state the place and date of their issue, the identity of the person or entity and the place to which they are addressed, the identification and signature of the person or the person who refers them, the facts or circumstances which have been communicated or the content of the requested collaboration.

5. The actuary staff may, by means of parts, make requests for collaboration, requesting from the inspected the documentation or actions necessary for the proper development of the procedure or in order to obtain the remedy of deficiencies, irregularities or non-compliance.

Article 23. Diligence.

1. The documents extended in the course of the inspection activities are diligent, in order to record how many facts or circumstances with relevance to the service occur in that person, as well as the manifestations of the person or persons subject to the inspection.

In particular, the consent of the person concerned for the access and permanence of the official inspector at his/her address shall be carried out in due diligence.

2. The proceedings shall be extended by the responsible official in the following cases:

(a) In the finding of actions or omissions that may constitute an aeronautical offence or facts known to the aeronautical inspection and are of significance to other bodies of the State Administration or for other Public Administrations.

(b) To record the actions or omissions that may constitute a criminal offence and to which it becomes aware, where appropriate, of the inspection in the course of its actions.

c) When deemed relevant for the good end of the performances.

3. The proceedings shall consist of the place and date of their issue, the identification of the actuaries who subscribe to the diligence, the identity of the inspected to whom the proceedings relate, and, finally, the facts or circumstances which constitute the own content of the diligence.

4. Wherever possible, the proceedings to be completed shall be given to the person with whom the proceedings are to be understood, which shall be signed by the person concerned.

When the person refuses to sign the due diligence, it will be stated in the same, and the content of the diligence can be verified as well as the refusal to sign the inspection through the testimony of another actuary of the team. inspector.

When the nature of the inspection actions does not require the presence of a person with whom such actions are understood, the diligence shall be signed by the actuaries only and the person concerned shall be notified.

Article 24. Reports.

1. The officials responsible shall, where necessary for the development of the inspection measures, issue reports in the following cases:

(a) To complete those proceedings, technical opinions or inspection reports in which facts or conduct that may constitute an offence or administrative offence are collected.

b) To substantiate the response to the allegations made by the interested parties.

(c) Where verification and research actions are of particular complexity or require particular knowledge or where several of these actions are related to each other.

d) When required by the organ that ordered the inspection.

e) In other cases that is mandatory.

2. The actuary staff may issue the reports referred to in the preceding paragraph where they are not mandatory.

3. The responsible official may, through the holders of the organs with inspection powers, request that, by any of the organs and units of the State Aviation Safety Agency or the Directorate General of Civil Aviation, by other administrative bodies, by means of instruments of an instrumental nature and by other entities governed by public law linked to or dependent on the General Administration of the State, a report shall be issued on matters requiring knowledge specialized and that they are necessary for the good purpose of the inspection. Such reports shall be incorporated into the administrative file in any case, transferring the same to the inspected file.

Article 25. Technical parts.

1. In the field of aeronautical inspection activities, technical parts shall be formalised:

(a) The result of the ancillary activities or support to the performance of the inspector entrusted to the civil servants and public employees referred to in Article 7 (b).

(b) The result of the technical or technical inspection material carried out by personnel of the public bodies and of the state-owned commercial companies which have the status of own instrument and technical service of the General Administration of the State, on behalf of the competent administration.

2. The technical parts subscribed by the actuary staff together with the rest of the documentation drawn up or collected by the staff may serve as the basis for the issue by the official responsible for the inspection reports and technical opinions.

In these cases, it is up to the actuary staff referred to in Article 7 (c) to sign the technical part and to the public bodies and instrumental societies of which the full responsibility for the action of their personnel, as well as the content of the documentation produced by the same in the course of the material performances of the aeronautical inspection.

3. The technical parts shall include all the ends necessary for the subsequent preparation of the inspection report or technical opinion by the responsible official.

In the technical parts, the actuary staff may also record any other observations, warnings or notes which it considers relevant to be brought to the attention of the inspected or responsible official.

Article 26. Processing of the technical parts.

1. The technical parts issued by the actuary staff shall be notified to the inspectorate so that, within a period of at least 10 and a maximum of 15 days, they shall state the conformity with their contents or, if on the contrary, show their disagreement, (a) make any allegations that it considers relevant for the defence of your rights.

If the inspected does not answer within the given time frame it will be understood to be compliant with the content of the technical part.

2. If the inspectorate manifests its compliance with the technical part that reflects deficiencies, it may begin to subsate them from the moment it is notified.

If, on the other hand, the inspectorate has indicated its disagreement with the technical side, it shall be for the official responsible for the inspection to resolve the relevant in the relevant inspection report or technical opinion.

3. Received the technical part, the responsible official shall carry out the following actions:

(a) In the case of technical parts of conformity, the responsible official shall express his conformity with the action through the relevant inspection report or technical opinion or, where appropriate, require that he be practice new inspection measures or to review the action, in which case the actuary staff must issue a new technical part.

(b) If the technical part outside disconformity, it shall resolve the matter in the inspection report or technical opinion in the light of the arguments put forward by the inspectorate, without prejudice to the possibility of ordering new Inspection procedures or the review of the action with the issuance of a new technical party, if it has doubts or would not share the result of the actions taken.

Article 27. Inspection reports and technical opinions.

1. The outcome of the aeronautical inspection actions with legal effectiveness against third parties shall be documented by the officials responsible and, if several, with the approval of the responsible official coordinator, by signing:

(a) Inspection acts, in those actions whose object is the control of compliance with the rules that mandate the different activities of civil aviation.

(b) Technical opinions, where the inspection measures are intended to verify the requirements for obtaining, retaining and renewing certificates, approvals, authorisations, licences, ratings and, in general, the official documents which they enable for the performance of tasks, the performance of activities and the provision of aeronautical services.

2. The following points shall be included in the inspection reports:

(a) The name of the accredited personnel who have intervened in the inspection.

(b) Essential elements of the actions taken, indicating the place, date and time at which the inspection took place.

(c) The identity of the persons responsible for the entity, product, equipment, service, activity or installation subject to inspection with which all or some of the actions have been understood.

(d) The result of the actions taken, indicating, where appropriate, the deficiencies, irregularities or breaches of the applicable rules that have been established.

e) Where appropriate, any measures to be taken by the inspectorate to understand the deficiencies, irregularities or non-compliances that have been found, in accordance with the implementing rules, as well as the legal consequences which, if any, could be derived from the lack of remedy.

f) Conformity or disconformity with all of the subject inspected in consideration of the allegations made in the relevant hearing procedure.

3. The following points shall be included in the technical opinions:

(a) The name and accreditation of the personnel involved in the inspection.

b) Actuations made.

c) The identity of the persons or persons responsible for the entity, product, team, service, activity or installation subject to monitoring, checking or auditing.

(d) The result of the practical actions indicating, where appropriate, the deficiencies, irregularities or breaches of the applicable rules that have been established.

e) Where appropriate, any measures to be taken by the inspectorate to understand the deficiencies, irregularities or non-compliances that have been established in accordance with the implementing rules.

f) Conformity or disconformity with all of the subject inspected in consideration of the allegations made in the relevant hearing procedure.

4. In the minutes of inspection and technical advice, the responsible official may also record any other observations, warnings or notes which it considers relevant to be made aware of the inspection.

5. The minutes and the technical opinions may be the subject of appeal in the terms of Article 107 of Law No 30/1992 of 26 November 1992.

6. If, in the course of the inspection measures, the possible commission of one or more aeronautical offences has been warned, the officials responsible shall attach to the technical opinions or the proposed inspection reports of the the opening of a sanctioning procedure, which shall be referred to the competent body for the purposes of Article 62 of Law 21/2003 of 7 July.

Article 28. Value of the documentation.

1. The reports, proceedings, technical opinions and inspection reports entered into by the officials responsible are of a public nature and are proof of the terms provided for in Article 137.3 of Law No 30/1992 of 26 November 1992. unless otherwise proven, the facts that motivate them to be formalised.

2. Where the inspectors have given their conformity to the content reflected in the documents issued in the inspection proceedings or where they reflect facts expressed or accepted by the persons concerned, they shall have probative value and may only be be recontested later by other tests.

3. If, as a result of the facts found in an inspection report, an administrative procedure is initiated for the limitation, suspension or revocation of the titles, licences, ratings, authorizations, approvals or certificates necessary for the exercise of aeronautical and airport activities, the incorporation of the administrative file of aeronautical inspection into the same administrative file shall be considered as sufficient basis for its resolution, without prejudice to the processing of the hearing and any other act of instruction deemed necessary by the body in charge of its processing.

TITLE IV

Inspection procedure

CHAPTER I

Initiation of the inspection procedure

Article 29. Start of the inspector function.

1. The start of any inspection shall be administered administratively by the appropriate aeronautical inspection plan and the relevant order for action by the inspector or, failing that, by a specific order of action issued by the Director. of the State Aviation Safety Agency, in accordance with the provisions of Article 11.

2. The effective start of the inspection measures against the inspected shall take place in the form referred to in Articles 31 and 32.

Article 30. Reporting of aeronautical infringement.

1. Complaints of aeronautical offences, duly signed by the complainant, shall be addressed to the State Aviation Safety Agency.

Received a complaint, will be transferred from the same to the organ with responsible inspecting powers for the reason of the matter, which will examine the veracity in the facts denounced and if the same ones are unknown for the Administration.

If there are sufficient indications of veracity in the reported facts and if these are unknown to the Administration, the body with inspection powers will propose to the Director of the State Aviation Safety Agency:

(a) The opening of the corresponding inspector activity, in order to investigate the circumstances and those responsible for the reported administrative violations.

(b) The opening of the sanctioning procedure, if the facts and those responsible for the aeronautical infringement reported are sufficiently accredited.

2. If the Director of the State Aviation Safety Agency decides to initiate the aeronautical inspection action, he shall issue the relevant specific order of action, designating the official or officials responsible for the actions and, where appropriate, the inspection team responsible for carrying them out.

3. Complaints that are based on value judgments, those that do not specify and sufficiently concretize the reported facts or those whose facts are already known to the Administration, may be filed without further formalities.

4. The actuary staff shall forward the complaints unduly made to them to the bodies with inspection powers to deal with them in the manner set out in this Article.

Article 31. Start of the regulatory control inspection procedure.

1. The actions of the aeronautical inspection inspection shall be initiated by means of a communication signed by the responsible official setting out the subject matter of the inspection, the period for which the inspection is to be carried out and the persons authorised to carry out the inspection. their performance.

2. The communication of the opening of the inspection activity shall be notified at least one day in advance of the action to be taken, provided that this is possible without disturbing the purpose of the inspection.

In the opposite case, the inspecting actions may be initiated without prior notification of the communication, leaving it to be established by means of diligence, which must be brought to the attention of the person concerned when the nature of the inspection so permits.

3. Inspection activities involving the recognition of aircraft, airports, aerodromes, premises, land, facilities or services may be initiated by the appropriate inspection visit, which shall be announced in advance. indicated in the previous paragraph where the purpose of the inspection was not an obstacle to this. In another case, the actuary staff designated for the inspection shall record the initiation of the inspection by means of a diligence to be signed by him and by the inspected or his representative, if he is present, or with whom he is responsible for, or responsible for, the aircraft, aerodrome, site, site, or installation.

4. Whenever the inspector's performance is initiated without prior communication to the data subject, the reasons for which such prior communication has not been deemed appropriate shall be indicated in the opening proceedings.

5. The actuary staff shall attach both the communication and the proceedings referred to in the preceding paragraphs in the preceding paragraphs, which are copies of the order of action and the appointment, if appropriate, which administrates the inspector's performance.

Article 32. Start of the monitoring inspection procedure.

1. Applications for the initiation of administrative procedures in which the supervision of supervisory activities are inserted shall be governed by their specific rules and, failing that, by the provisions of Articles 70 and 71 of Law No 30/1992. November 26.

2. Once the application has been received and, where appropriate, the defects in which it suffers are remedied, the designated official shall carry out a diligence to record the initiation of the supervision inspection activities, which shall be duly notified to the person concerned. This initiation diligence shall also include the following:

(a) The documentation which, apart from the one submitted with the application for initiation, must be provided by the person concerned prior to the issue of the technical opinion.

(b) The responsible official coordinating the inspection and, where appropriate, his/her inspector team.

Article 33. Provisional measures.

1. When the inspection activity has begun and at any time, the official responsible, of its own initiative or the reasoned request of the actuary staff, shall take all precautionary and surety measures deemed appropriate to ensure the good end of the inspection or to prevent the disappearance, destruction or alteration of evidence, as well as to prevent the continuation of the effects of the infringements which may have been detected during the course of the inspection.

2. The provisional measures may be raised or amended during the processing of the procedure, either on its own initiative or at the request of a party, under circumstances which have been overcome or which could not be taken into account at the time of its adoption.

However, they may be challenged in the cases referred to in Article 107.1 of Law 30/1992 of 26 November.

3. This Article is without prejudice to the possible adoption of the extraordinary measures referred to in Article 30 of Law 21/2003 of 7 July 2003, where irregularities affecting a certain, serious and/or immediate to air safety.

CHAPTER II

Sorting and instructing the procedure

Article 34. Compliance with procedures by the inspected.

1. Any conduct of the inspected or its representative who, in a conscious manner, tends to dilate, hinder or impede the inspection activities shall be deemed to be obstruction or resistance to the performance of the inspectorate.

2. In particular, it shall constitute obstruction or resistance to the inspection:

(a) The repeated failure to appear on the inspected, unless justified, at the place, day and time that it has been pointed out in time and form for the initiation of the proceedings, their development or termination.

(b) The unjustified refusal to display the books, records and documents of compulsory maintenance and preservation that are expressly requested for the inspection, and to provide the actuary staff with an appropriate place of work or the ancillary means necessary for the development of their work.

c) The refusal without justified cause to provide data, reports, supporting documents, background and any other information related to the inspected and expressly requested, as well as the recognition of

, aerodromes, premises, machines, installations and related holdings

(d) Unjustifiably deny entry to the actuary staff in aircraft, airports, aerodromes, premises, land and, in general, in the facilities and services in which activities or holdings are carried out the aeronautical inspection or its permanence in the aircraft.

e) The actions or the lack of due consideration to the actuary staff, without prejudice to the other responsibilities that may be required.

3. The obstruction or resistance to the performance of the inspector shall be sanctioned in accordance with the provisions of Article 33 and Title V of Law 21/2003 of 7 July.

Article 35. Allegations and evidence.

1. The formulation of allegations and the provision of documentation by the person concerned during the inspection procedure shall be governed by the provisions of Article 79 of Law No 30/1992 of 26 November, which must be taken into account by the staff. actuary in the preparation of the technical parts, technical opinions and inspection reports.

2. The test in the aeronautical inspection procedure shall be governed by the provisions of Articles 80 and 81 of Law 30/1992 of 26 November.

Article 36. Hearing processing.

1. Prior to the issuance of the minutes or the technical opinions, the inspection shall be carried out for a minimum period of 10 days and a maximum of 15 days, in order for it to express its conformity or disconformity with the (i) any inspection carried out and, where appropriate, take into account how many questions it considers relevant for the protection of their rights.

The hearing procedure shall be deemed to have been duly completed if the inspection report or the technical opinion fully confirms a technical part which has been previously submitted to the inspection.

2. Proceedings may be waived where they are not included in the proceedings and are not to be taken into account in the technical opinion or the inspection report other facts or other allegations, documents or evidence which are adduced by the person concerned.

3. The hearing procedure shall be understood if, before its expiry, the interested parties express their decision not to make representations or to provide new documents or justifications.

CHAPTER III

Terminating the procedure

Article 37. Duration of the actions.

1. The aeronautical regulatory control inspections shall be completed within the maximum period of six months, with the following rules applying for the calculation of the time limit for resolution:

(a) Where the action is initiated by the relevant communication, the inspector shall be deemed to have started the day of notification of such communication.

(b) If the inspecting actions are initiated without prior communication, the computation shall start counting from the date of commencement of the inspection, as recorded in the initiation diligence.

2. The aeronautical surveillance inspections shall be in accordance with the maximum resolution period laid down for the procedure in which they are inserted.

3. The implementation of the emergency treatment inspection measures may be agreed in accordance with Article 50 of Law 30/1992 of 26 November.

Article 38. Suspension of the deadline for inspection actions.

1. The suspension of the time limit for the completion of the aeronautical inspection activities will take place in the cases and in the terms set out in Article 42.5 of Law 30/1992 of 26 November and, specifically, where deficiencies are detected which may be subsated by the person concerned throughout the inspection activities.

2. For the purposes of Article 42.5 (a) of Law 30/1992 of 26 November 1992, the contribution of documents or elements necessary for the remedy of deficiencies shall be required by the official responsible for the proceedings with express indication of the time limit granted for this purpose. This requirement may precede prior communication of the actuary staff requesting due collaboration.

Article 39. Termination of the proceedings.

1. Where, at the end of the proceedings, new facts, allegations, evidence, reports or documents are to be found, the person concerned shall be made clear to the extent that, within a period of less than 15 days, he or she makes the allegations and submits the documents or supporting documents as appropriate.

2. The inspection measures shall be deemed to be completed at the time of notification of the minutes or report.

Article 40. Sub-healing in the minutes and opinions with deficiencies.

1. Where deficiencies, irregularities or non-compliance are recorded in a technical report or opinion, whether or not they constitute an infringement, the person concerned shall be required to remedy the deficiencies, irregularities or non-compliance with which he/she has been notified. less than a specific sectoral rule has the opposite, indicating the reasonable time limit for this and the measures to be taken to understand the remedy.

The deadline for the sub-healing of deficiencies shall start from the date of notification of the minutes or report, unless the inspection has received the power provided for in Article 26.2.

The inspected will be able to propose alternative remedial measures, which will be authorized by the responsible official when they guarantee an equivalent level of compliance with the regulations and will be possible to implement them before the end of the period granted.

2. It shall be for the responsible official who has coordinated the inspection actions and, where appropriate, his team inspector, monitoring and monitoring of the under-healing for the inspection of deficiencies, irregularities or non-compliance.

3. Once the reported deficiencies or irregularities have been remedied, the inspected shall be made aware of the inspection by means of reliable communication.

If the responsible official considers that the deficiencies or irregularities reported have been remedied, this shall be recorded in the file by diligence, which shall notify the inspected and the administrative bodies. competent.

4. As long as the period granted to the inspected for the purposes of the deficiencies or reported irregularities has elapsed, the provisional measures referred to in Article 33 may be adopted, maintained or amended.

5. Where deficiencies, irregularities or non-compliances are recorded in the minutes, the remedy shall be considered as an integral part of the administrative act and must therefore be subject to the formalities, deadlines and effects. they are determined in the same way.

Article 41. Failure to address deficiencies, irregularities or non-compliance.

1. If the sub-healing does not occur, the responsible official shall record in the case of the lack of diligence, which shall be notified to the inspected.

2. In the case of regulatory control measures, it shall be proposed to adopt the measures deemed appropriate, as well as, where appropriate, to initiate the procedures necessary for the limitation, suspension or revocation of such measures. certificates, approvals, authorisations, licences or ratings from which the inspected person was a holder, or, if the appropriate file has not been initiated, to sanction the detected infringements.

3. In the case of supervision inspection measures, notified of the due diligence of the failure to remedy, the inspector shall grant a final hearing to the person concerned of two working days where the deficiencies are not considered to be (a) to make it clear what is appropriate to it.

As long as the deficiencies, irregularities or non-compliance are not proven, the State Aviation Safety Agency, unless otherwise specified by the specific regulations, will not proceed to the grant, revalidation, renewal or acceptance of the corresponding certificate, approval, authorization, license or enablement.

Article 42. Use of data on an aeronautical inspection.

1. The results of any aeronautical inspection actions may be used in any case by the body which has commissioned such actions in order to perform their duties.

2. The bodies with inspection powers shall communicate how many results are of relevance to air safety, taking into account their respective functional or territorial competences.

Also, the President of the State Aviation Safety Agency may communicate such results to any other public bodies or entities for which they are of importance for the proper performance of the functions that have been entrusted in the field of civil aviation, as well as to other States and international bodies in compliance with obligations under the applicable international rules.

3. The bodies with inspection powers shall give the Judicial Authority or the Prosecutor's Office the facts that they know in the course of their actions and can be the constituent of crimes. This shall not determine the cessation of the inspection procedure unless the determination of the facts by the criminal court order is necessary for the determination of the procedure.

Similarly, the organs with inspection powers will provide as much data as required by the competent Judicial Authority on the occasion of the prosecution of crimes.

CHAPTER IV

Extraordinary measures

Article 43. Extraordinary measures.

1. At any time, the Director of the State Aviation Safety Agency may or may not be involved in an aeronautical or other inspection procedure where irregularities have been found to affect in a certain, serious and immediate manner air safety may take any of the extraordinary measures provided for in Article 30 of Law 21/2003 of 7 July, by means of a reasoned decision to be notified to the person concerned.

These measures may be taken without prior hearing of the data subject.

2. In the event of exceptional circumstances, the Director may take the extraordinary measures at the request of the actuary staff, who, for these purposes, shall have the legal consideration of a complaint which, due to urgent need, may be communicated in a verbal manner. In this case, the proposal, the act and its motivation shall be reflected in writing in the shortest possible time and, in any case, within a period not exceeding 72 hours, giving the person concerned a transfer of the decision.

3. Decisions of the Director of the State Aviation Safety Agency in which extraordinary measures are taken shall be liable to be enforced in accordance with the provisions of Chapter V of Title VI of Law No 30/1992 of 26 November 1992. For these purposes, such resolutions shall include the appropriate warning.

Extraordinary measures may be appealed against in the cases referred to in Article 107.1 of Law 30/1992 of 26 November.