The Regulation of the Air Circulation, approved by Royal Decree 57/2002, of 18 January, under the development of Law 48/1960 of 21 June, on Air Navigation, has been the subject of several modifications resulting from the changes introduced by the International Civil Aviation Organization (ICAO) in the annexes and documents to the Chicago Convention and the need to adapt flight operations to technical innovations produced in the field of airworthiness. The final disposition, "technical amendments", of the aforementioned Royal Decree, empowers the Minister of Public Works and the Minister of Defense to introduce, subject to the provisions of the Order of the Presidency of 8 of November 1979, for which the Inter-Ministerial Commission is set up under Article 6 of Royal Decree-Law 12/1978 of 27 April 1978 on the fixing and delimitation of powers between the Ministries of Defence and Development in the field of aviation, (a) a number of amendments of a technical nature are necessary for the adaptation of the flight to technical innovations that occur and in particular the provisions of the regulations contained in the ICAO Annexes and in the international treaties and conventions to which Spain is a party. Until now, the treatment received by the VFR (Visual Flight Rules) flights at night in the Air Circulation Regulation was included by specific rules known as 'VFRN' (VFR at night), rules not listed in the Annex. 2 of ICAO (Air Rules) and ICAO Annex 11 (Air Traffic Services), or in any other country in our environment. As set out in the abovementioned ICAO Annexes, such flights should be regarded as flights under visual rules subject to the conditions prescribed by the competent ATS authority. It is therefore necessary to amend the Air Circulation Regulation for harmonisation in respect of the ICAO Annex 2 and Annex 11 in relation to flights under visual rules, in particular VFR flights between sunset or sunset. any period between sunset and sunset. Amendment No 43 to the ICAO Annex 11 is also required to be incorporated into the Spanish legal order; the need also arises from Commission Regulation (EC) No 2096/2005 of 20 December 2005 laying down requirements common for the provision of air navigation services, which states as a specific requirement of ICAO Annex 11, amendment 43. In particular, in order to reconcile the ICAO provisions set out in that amendment with regard to the minimum time required for the retention of data recordings and air traffic control communications, within 30 days for the purposes of this amendment. the notification of the mandatory notification events set out in Royal Decree 1334/2005 of 14 November establishing the system for the mandatory reporting of events in civil aviation, it is necessary to set that deadline for Storage in 45 days. Finally, as relevant aspects of the process, they can be cited, along with the process of hearing the entities and associations representing economic, professional and corporate interests directly affected by the content of the standard, the favourable report of the Inter-Ministerial Commission between Defence and Development (CIDEFO), in accordance with the provisions of the Royal Decree-Law 12/1978 of 27 April on the fixing and delimitation of powers between the Ministries of Defence and Transport and Communications, and the fifth additional provision of Law 21/2003, 7 of July, air safety. In its virtue, on the proposal of the Minister of Development and the Minister of Defense, according to the State Council, I have:

Single item. Amendment of the Regulation of the Air Circulation, approved by Royal Decree 57/2002 of 18 January.

The Regulation of the Air Circulation approved by Royal Decree 57/2002, of January 18, is amended as follows: One. The definitions and abbreviations set out in Chapters 1 and 2 of the First Book "Definitions and abbreviations" are amended as follows: 1. In Chapter 1, definitions, of the First Book, the following definitions are added:

" Calendar. A discrete temporal reference system that serves as the basis for defining the temporary position with one day resolution (1). Gregorian calendar. Calendar that is generally used; it was established in 1582 to define a year that approximates more closely to the tropical year than the Julian calendar (1). Note. -In the Gregorian calendar the common years have 365 days and the leap 366, and are divided into 12 successive months. Reference (Datum). Any quantity or set of quantities which may serve as a reference or basis for the calculation of other quantities (2). (1) (see Standard ISO 19108, Geographical Information-Temporary Models).

(2) (see ISO standard 19104, Information-terminology-Terminology). "

2. In Chapter 1, definitions, of the First Book, the definitions are deleted: "Night visual flight weather conditions" and "Night visual flight (VFR)".

3. In Chapter 2, abbreviations, in the First Book, the abbreviations are deleted: "VFRN" and "VMCN".

Two. The second "Air Regulation" is amended in the following terms:

1. In Chapter 2, application of the air regulation, in the Second Book, paragraph 2.2.2 is amended, as follows:

" 2.2.2 Compliance with the Air Regulation. The operation of aircraft, both in flight and in the area of movement of the aerodromes, shall be in accordance with the general rules and, in addition, during flight: (a) to the rules of visual flight, or

b) To instrument flight rules. "

2. In Chapter 3, general rules, in the Second Book, paragraphs 2.3.3.1.2, 2.3.3.1.4, 2.3.3.4, 2.3.6.2.4 and 2.3.6.5.2.1 are amended, as follows:

" 2.3.3.1.2 A flight plan shall be submitted before performing: (a) Any IFR flight or part thereof.

(b) Any VFR flight or part thereof to which air traffic control service has to be provided. (c) any VFR flight requiring the provision of flight, alert and search and rescue information services; (d) any flight within designated areas or along designated routes where the ATS authority so requires. competent to facilitate coordination with military agencies or with the dependencies of competent air traffic services in adjacent States, in order to avoid the possible need for interception for identification purposes; all VFR flights across international borders. (f) any night VFR flight.

May be an exception to that rule: (i) military flights in tactical or air defense missions,

(ii) search and rescue flights on emergency missions and (iii) flights expressly authorised by the competent authority.

Flights with the exception of a related flight plan in (i), (ii) and (iii) shall be conducted in accordance with the instrument flight rules or the visual flight rules, as agreed in each case with the air traffic services.

The expression "flight plan" applies to information about the concepts contained in the flight plan description, which comprises all or part of the flight path and, in the case of the excepted assumptions, to the information which is required when it comes to obtaining authorisation for a secondary part of a flight, as it could be if you wanted to cross an airport, take off from a controlled aerodrome or land on it.

Note. No flight plan submission for VFR flight in non-controlled aerodromes and in airspace classes E, F and G shall be required unless an international border is crossed or the competent ATS authority so requires. to avoid the possible need for interception or for the pilot to request air traffic services. 2.3.3.1.4 Presentation of the flight plan. Unless otherwise prescribed by the competent ATS authority, a flight plan shall be submitted for a flight to which air traffic services are to be provided at the time indicated below. a) Presentation of the flight plan prior to departure: 1) IFR flight from uncontrolled aerodrome. a) prior to departure if you only request flight and alert information service.

(b) at least 3 hours before the EOBT if it requests air traffic advice or control service and is subject to an influx check; c) at least 60 minutes prior to the EOBT if it requests control or air traffic advice and is not subject to inflow control.

2) VFR flight from non-controlled aerodrome: a) before departure if you only request flight and alert information service;

(b) at least 60 minutes before the EOBT if it requests air traffic control.

3) IFR flight from controlled aerodrome: a) At least 3 hours prior to the EOBT if the flight is subject to an influx control;

b) At least 60 minutes before the EOBT if the flight is not subject to an influx check.

4) VFR flight from controlled aerodrome: a) At least 60 minutes before the EOBT if it leaves an aerodrome with service H24;

b) At least 30 minutes before the EOBT if it leaves an aerodrome without service H24.

b) Presentation of flight plan during flight: 1) At any time, if flight information service is requested and alert.

2) If an air traffic control or control service is requested, the flight plan shall be submitted at the time when there is a security that the appropriate reliance on air traffic services will be received by the air traffic management. less than 10 minutes before the time the aircraft is calculated to arrive:

a) To the intended point of entry into a control area or to an area with advisory service; or

(b) to the crossing point with an airport or a route with an advisory service.

Note. -In this case IFR flights may be delayed in flight, especially if they are subject to influx control. 2.3.3.4 Changes to the flight plan. Subject to the provisions of 2.3.6.2.2., all changes (1) of a flight plan submitted for IFR flight, or for a VFR flight which is carried out as a controlled flight, shall be notified as soon as possible to the corresponding service unit air traffic. For other VFR flights, major changes to the flight plan shall be notified as soon as possible to the corresponding dependence on air traffic services (2). (1) The information submitted before departure for the autonomy or the total number of persons carried on board, if inaccurate at the time of departure, constitutes an important change in the flight plan and as such should be reported.

(2) The procedures for changing repetitive flight plans are listed in the Fourth Book.

2.3.6.2.4 Deterioration of weather conditions to below the VMC. Where it is clear that the flight at VMC in accordance with its updated flight plan will not be feasible, the VFR flight that is to be conducted as a controlled flight shall: (a) request an amended authorisation to allow it to continue on VMC, up to the point of destination or up to an alternate aerodrome, or exit the airspace within which an ATC authorization is required; or

b) if you are unable to obtain an authorization in accordance with (a), continue the flight at VMC and notify the ATC unit concerned of the measures it takes, either exit the airspace concerned or land at the aerodrome. (c) request authorization to fly according to the instrument flight rules; or (d) if it is a VFR flight and flies within a control area, request authorization to continue as a special VFR flight.

2.3.6.5.2.1 If the aircraft with communications failure operates in visual flight weather conditions, the aircraft (1), unless otherwise prescribed on the basis of a regional air navigation agreement: (a) the aircraft shall operate the aircraft. transponder in Codi-go 7600.

b) You will continue your flight in visual flight weather conditions. (c) It shall be at the nearest appropriate aerodrome; and (d) it shall notify its arrival, by the quickest means, of the appropriate reliance on air traffic control.

(1) Refers to all controlled flights. "

3. In Chapter 4, visual flight rules, in the Second Book, paragraphs 2.4.1, 2.4.2 and 2.4.3 are amended and paragraph 2.4.3.1 is added, as follows:

" 2.4.1. Except where they operate on the basis of special VFR flights, VFR flights shall be conducted in such a way that the aircraft flies in terms of visibility and distance from clouds equal to or greater than those indicated in the following table:

		VFR flight cloud visibility and distance condition
	Altitude	Air Space Classes	Flight Visibility	Cloud
						class= " ">
	A, or above, of FL 100 (*).	B C D E F G	8 km	1,500 m	300 m (1000 ft)
	Between FL 100 and 900 m (3000 ft) AMSL or 300 m (1000 ft) AGL, of both values the largest.		5 km
	A, or below, 900 m (3000 ft) AMSL or 300 m (1000 ft) AGL, of both values the largest	B C D E
		F G	5 km (**)	Cloud-free and surface-to-view.
	(*) When the transition altitude is less than 3050 m (10,000 ft) AMSL, the FL 100 will be used instead of 10,000 ft. (**) When prescribed by the competent ATS authority, (a) lower flight visibilities, up to 1500 m, may be permitted for flights performed: 1) at speeds which in the prevailing visibility conditions give rise to adequate to observe the transit, or any obstacle, with sufficient time to avoid a collision; or 2) in circumstances where there is normally little chance of being in transit, as in areas of low traffic volume and for carry out aerial work at low altitude. (b) helicopters may be allowed to fly with a flight visibility of less than 1500 m if they are manoeuvring at a speed which is suitable for the purpose of observing the transit, or any obstacle, in sufficient time to prevent a collision.

2.4.2 Cloud roofing and visibility for VFR flight operations at aerodromes/heliports.

Except when authorized by the ATC unit, in flight VFR will not be taken off or landed at any controlled aerodrome/heliport, located within or outside a CTR, nor shall it be entered into the ATZ or the transit circuit of the ATZ. aerodrome if:

a) the cloud ceiling is less than 450 m (1500 ft); or

b) ground visibility is less than 5 km.

2.4.3. The VFR flights, between the setting and the sunrise or during any other period between the laying and the sunrise which may be prescribed by the competent ATS authority, shall be carried out in accordance with the conditions laid down by that authority. 2.4.3.1 Aircraft equipment for night visual flights.

The aircraft for visual flights, between sunset and during any other period between sunset and sunset, shall be provided with:

(a) the prescribed communications and navigation instruments and equipment for aircraft in night IFR flight, and

b) SSR responder in operational state with Mode A/3 and capacity for 4096 response keys and, where required in the airspace in which it is to be flown, automatic pressure altitude transmission device in Mode C. "

4. In Chapter 4, visual flight rules, in the Second Book, paragraphs 2.4.11 and all the corresponding sub-paragraphs are deleted from 2.4.11.1. 2.4.11.20 inclusive.

Three. The Third "Air Traffic Services" Book is amended as follows:

1. In Chapter 2, generalities, in the Third Book, paragraphs 3.2.5.2.2.1.1, 3.2.6.1, 3.2.6.3, 3.2.28.2 are amended and paragraphs 3.2.29, 3.2.29.1, 3.2.29.2 and their corresponding sub-paragraphs are added, as follows:

" 3.2.5.2.2.1.1..................................................................... ATS airspace shall be classified and designated in accordance with the following: Class A. Only IFR flights are permitted, all flights are subject to the air traffic control service and are separated from each other.

Class B. IFR and VFR flights are permitted, all flights are subject to the air traffic control service and are separated from each other. Class C. IFR and VFR flights are permitted, all flights are subject to the air traffic control service and:

(a) IFR flights are separated from other IFR flights and VFR flights;

b) VFR flights are separated from IFR flights and receive transit information regarding other VFR flights;

Class D. IFR and VFR flights are permitted, all flights are subject to the air traffic control service and: (a) IFR flights are separated from other IFR flights and receive transit information regarding VFR flights,

b) VFR flights receive transit information regarding all other flights.

Class E. IFR and VFR flights are permitted, IFR flights are subject to air traffic control service and; (a) IFR flights are separated from other IFR flights and receive transit information regarding VFR flights in the as much as possible,

(b) VFR flights receive transit information in respect of IFR flights as far as possible.

Class F. IFR and VFR flights are permitted, all participating IFR flights receive air traffic advisory service and all VFR flights receive flight information service, if requested.

Class G. IFR and VFR flights are permitted, and all flights receive flight information service, if requested.

3.2.6.3 The requirements for flights within each airspace class shall be as shown in the table below:

_table_table_izq"> Flight information service.

ATS airspace classification. Supplied services and flight

Class

Flight type

Separation provided

Services supplied

Speed constraints

Radio-communications requirements

Subject to ATC

A

IFR only

All aircraft.

ATC

Does not apply.

Continuous in both ways.

IFR

All aircraft

ATC

Not applicable.

Continuous in both ways.

Yes

VFR

All Aircraft.

ATC

Not applicable.

Continuous in both ways.

C

IFR

IFR/IFRFR/VFR

ATC

Not applicable.

Continuous in both ways

VFR

VFR/IFR

1) ATC for IFR2 Separation) VFR/VFR Transit Information (and anti-collision advice on request)

250 kt IAS below 3050m (10000 ft) AMSL* *.

Continues both ways.

D

IFR

IFR/IFR

ATC, even transit information about VFR flights (and anti-collision advice on request).

250 kt IAS below 3050m (10000 ft) AMSL* *.

Continuous in both ways.

Yes

VFR

None.

1) ATC, y2) VFR/VFR and VFR/IFR transit information (and anti-collision advice on request).

250 kt IAS below 3050m (10000 ft) AMSL* *.

Continues in both ways.

E

IFR

IFR/IFR

ATC and transit information about VFR flights on the measure

250 kt IAS below 3050m (10000 ft) AMSL* *

Continuous in both ways.

Yes

VFR

None.

Transit information to the possible.

250 kt IAS below 3050m (10000 ft) AMSL* *.

No.

F

IFR

IFR/IFR

Transit advice service, flight information service.

250 kt IAS below 3050m (10000 ft) AMSL* *.

Continuous in both ways.

250 kt IAS below 3050m (10000 ft) AMSL* *.

No.

G

IFR

None.

Flight information service.

250 kt IAS below 3050m (10000 ft) AMSL* *.

Continuous in both ways.

VFR

None.

Flight information service.

250 kt IAS below 3050m (10000 ft) AMSL* *.

No.

* When the transition altitude is less than 3050 m (10000 ft) AMSL, flight level 100 should be used instead of 10000 ft. ** Except for military flights in operational or air-defense missions, or when their performance characteristics do not permit.

When the parts of the proposed ATS airspace are juxtaposed vertically, i.e. on top of each other, flights to a common level shall comply with the requirements for the least restrictive airspace class and the services applicable to that class shall be provided to them. When applying these criteria, it will therefore be considered that Class B airspace is less restrictive than Class A airspace; that Class C airspace is less restrictive than Class B airspace, etc. 3.2.28.2 The State shall establish the acceptable level and the security objectives applicable to the supply of ATS within airspace and aerodromes. If applicable, safety levels and security objectives shall be established by means of regional air navigation agreements. Note: The acceptable level of safety may be specified in qualitative or quantitative terms. The following are examples of measures that could be applied to express the acceptable degree of security: a) a maximum probability of an undesirable event, such as collision, loss of separation, or raid on the runway;

(b) a maximum number of accidents per flight time; (c) a maximum number of incidents per aircraft movements; and (d) a maximum number of valid short-term conflict alerts per aircraft movement.

3.2.29 Common Reference System. 3.2.29.1 Horizontal reference system. 3.2.29.1.1 The World Geodetic System-1984 (WGS-84) will be used as a horizontal (geodetic) reference system for air navigation. The aeronautical geographical coordinates, published (indicating latitude and longitude), will be expressed according to the geodetic reference of the WGS-84. Note. -In the World Geodesic System-1984 Manual (WGS-84) (Doc. General guidance texts relating to WGS 84 are included in ICAO. 3.2.29.2 Vertical reference system. 3.2.29.2.1 The reference to the average sea level (MSL) providing the height ratio (elevations) related to gravity with respect to a surface known as a geoid shall be used as a vertical reference system for navigation air. 3.2.29.3 Temporary reference system. 3.2.29.3.1 The Gregorian calendar and the coordinated universal time (UTC) will be used as a temporary reference system for air navigation.

3.2.29.3.2 When a different time reference system is used in the letters, this will be indicated in GEN 2.1.2. of the aeronautical information publication (AIP). "

2. In Chapter 3, air traffic control service, the Third Book is amended paragraphs 3.3.1, 3.3.3.3 and 3.3.9, including in the latter a new point, being worded as follows:

" 3.3.1 Application. Air traffic control service shall be provided: (a) all IFR flights in the air space of Classes A, B, C, D and E;

(b) to all VFR flights in the airspace of Classes B, C and D; (c) to all special VFR flights; (d) to all aerodrome transit in the controlled aerodromes.

3.3.3.3 The authorisations granted by the air traffic control units shall provide separation: (a) between all flights in Class A and B airspace;

(b) between IFR flights in the air space of Classes C, D and E; (c) between IFR and VFR flights in Class C airspace; (d) between IFR flights and special VFR flights; (e) between VFR special flights, when prescribed by the competent ATS authority,

except that, when requested by an aircraft, or proposed by an ATC dependency and accepted by the aircraft, and provided that the procedure has been previously approved by the ATS competent authority for the cases listed in b) in the air space of Classes D and E, a flight may be authorised without providing it with a separation from a specific part of the flight which is carried out in visual meteorological conditions. 3.3.9 Use of motion radar on the surface (SMR). 3.3.9.1 It is recommended that, where visual observation of all or part of the manoeuvring area is not available or to complement the visual observations, the surface movement radar (SMR), provided according to the above, is used. provisions of Annex 14, Vol. I, of ICAO, or other appropriate surveillance equipment, to supplement the visual observations of the manoeuvring area for the purposes of: (a) monitoring the movements of aircraft and vehicles in the area of manoeuvres;

b) provide direction information to drivers and drivers of vehicles as required. c) Provide advice and assistance for the safe and efficient movement of aircraft or vehicles in the area of manoeuvres.

Note. In Appendix Z, Attachment 3, guidance text on the use of surface motion radar (SMR), useful to assist aircraft and vehicle control in the area of manoeuvres. "

3. In Chapter 4, flight information service, the third paragraph of the Third Book is amended as follows:

" 3.4.2.4 In addition to the provisions of 3.4.2.1, the flight information service provided to VFR flights will include information on the conditions of transit and weather along the flight path, which they can do it is not possible to operate under visual flight conditions. "

4. In Chapter 6, the needs of air traffic services in the field of communications, the Third Book is added to paragraphs 3.6.1.1.3, 3.6.2.3.6 and 3.6.3.1.3 and paragraphs 3.6.2.2.3.7, 3.6.2.2.3.8, 3.6.4.1.1 and 3.6.4.1.2 are amended. being worded as follows:

" 3.6.1.1.3 The records of the communication channels as required in paragraph 3.6.1.1.2. shall be kept for a period of 45 days.

3.6.2.2.3.7 All direct oral communications facilities or data link between different dependencies of air traffic services, as well as between the dependencies of civil air traffic services and other dependencies described in 3.6.2.2.2.1 and 3.6.2.2.2.2 shall have automatic registration. 3.6.2.2.3.8 Data and communications records as required in paragraphs 3.6.2.2.3.3. and 3.6.2.2.3.7 shall be kept for a minimum period of 45 days. 3.6.2.3.6 Data and communications records as required by 3.6.2.3.5. will be kept for a minimum period of 45 days. 3.6.3.1.3 Data and communications records as required by 3.6.3.1.2. will be kept for a minimum period of 45 days. 3.6.4.1.1 The surveillance data obtained from the primary and secondary radar equipment or the ADS or other surveillance systems used to assist air traffic services shall be recorded automatically in order to be used in the accident and incident investigation, search and rescue, air traffic control, and in the assessment of personnel surveillance and training systems. 3.6.4.1.2 Automatic recordings shall be kept for a minimum period of 45 days. Where the recordings are relevant to the investigation of accidents and incidents, they shall be kept longer, until it is evident that they are no longer necessary. "

5. In Chapter 7, requirements for air traffic services in relation to information, in the Third Book, paragraphs 3.7.1.2.1, 3.7.1.2.1.1, 3.7.1.3.1, 3.7.1.3.2, 3.7.1.3.3, 3.7.1.3.4, 3.7.1.4.3, 3.7.1.4.4, 3.7.1.4.5 and 3.7.1.4.6 are amended. drawn up as follows:

" 3.7.1.2.1 Will be provided to the flight information centers and the area control centers SIGMET and AIRMET, special aircrafts, and current weather reports and forecasts, giving special importance to the occurrence or likely occurrence of the worsening of a meteorological element as soon as it can be determined. Such reports and forecasts shall relate to the region of flight information or to the area of control and to all other areas which may be determined on the basis of regional air navigation agreements.

3.7.1.2.1.1 Certain changes in weather conditions are interpreted as worsening of a meteorological element even if it is not considered to be so (1).

(1) The increase in temperature may adversely affect the operation of certain types of aircraft. 3.7.1.3.1 It shall be provided to the premises supplying the approach control service, updated weather reports and forecasts for the airspace and the aerodromes which are relevant to them.

Special reports and forecasts amendments will be communicated to the agencies supplying the approach control service as soon as they are necessary, in accordance with the criteria set out above. expect the next regular report or forecast. When using multiple sensors, the visual presenters with which they are connected shall be clearly identified in order to identify the track and the section of the track corresponding to each sensor (1).

(1) See 3.7.1.2.1.1. 3.7.1.3.2 The units supplying the approach control service, current pressure data for the altimeter setting, shall be provided with respect to the places specified by the dependency provided by the control service of the approximation.

3.7.1.3.3 The dependencies that provide approach control services for the final approach, landing and takeoff, will be equipped with visual presenters to know the wind on the surface. The visual presenters will be related to the same observation points and will get their readings from the same sensors to which the corresponding visual presenters installed in the aerodrome control tower and in the weather station, when such a station exists. 3.7.1.3.4 The units providing approach control service for final approach, landing and take-off, in aerodromes where the values of the visual range on the runway are measured by instrumental means, are equipped with visual presenters that allow the reading of the current value or values of the visual range on the track. The visual presenters will relate to the same observation points and get their readings from the sensors on the track as the corresponding visual presenters installed at the aerodrome control tower and at the station. weather, when such a station exists. It is recommended that the dependencies providing approach control services for the final approach, landing and take-off at aerodromes in which the height of the cloud base is measured by instrumental means are equipped with visual presenters to allow reading of the current values of the height of the cloud base. These visual presenters should relate to the same observation points and obtain their readings from the same sensors as the corresponding visual presenters installed in the aerodrome control tower and at the station. weather when such a station exists. 3.7.1.4.3 The aerodrome control towers will be equipped with visual presenters to know the wind on the surface. The visual presenters will be related to the same observation points and will get their readings from the same sensors to which the corresponding visual presenters installed in the weather station are connected, when such station exists. When multiple sensors are used, the indicators with which they are connected shall be clearly indicated in order to identify the track and the section of the track corresponding to each sensor. 3.7.1.4.4 The aerodrome control towers in aerodromes where the visual range on the runway is measured by instrumental means, are equipped with visual presenters that allow the reading of the current value or values of the visual range on the runway. These visual presenters will relate to the same observation points and will get their readings from the same sensors as the corresponding visual presenters installed at the weather station, when such a station exists. As far as possible, aerodrome control towers in aerodromes where the height of the cloud base is measured by instrumental means shall be equipped with visual presenters that allow the reading of the current values of the height from the cloud base. These visual presenters should relate to the same observation points and obtain their readings from the same sensors to which the corresponding visual presenters installed in the weather station are connected when such station exists.

3.7.1.4.5 The aerodrome control towers shall be provided, where possible, with information about the wind shear that could damage aircraft on the approach or take-off paths, or during the approach in circuit, and to the aircraft on the runway during the landing or the take-off run.

3.7.1.4.6 The aerodrome control towers and the relevant dependencies shall be provided with aerodrome notices.

Note.-The weather conditions for which aerodrome notices are issued are listed in Annex 3 of ICAO, Appendix 6. '

Four. -The Fourth "Procedures for Air Navigation Services" Book is amended in the following terms:

1. In Chapter 3, Area Control Service, the Fourth Book is amended to paragraph 4.3.1.1 and is worded as follows:

" 4.3.1.1 Vertical or horizontal separation shall be provided: (a) between any of the flights in Class A and B airspace;

(b) between IFR flights in the air space of Classes C, D and E; (c) between IFR flights and VFR flights in Class C airspace; (d) between IFR flights and special VFR flights; and (e) between special VFR flights, when so prescribe the competent ATS authority,

except, for the cases referred to in (a), (b) and (c) during daytime hours where flights have been authorised to rise or fall on condition that they maintain their own separation and remain in meteorological conditions " 2. In Chapter 5, the aerodrome control service, the Fourth Book shall be deleted paragraphs 4.5.18, 4.5.18.1, 4.5.18.2, 4.5.18.3, 4.5.18.4, 4.5.18.5 and 4.5.18.6.

Final disposition first. Application of European Union law.

By this order, Amendment 43 to Annex 11 to the Chicago Convention is incorporated into Spanish law, in line with the requirements of Annex II to Commission Regulation (EC) No 2096/2005 of 20 December 2005 on the establish common requirements for the provision of air navigation services.

Final disposition second. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 29 November 2007. -First Vice-President of the Government and Minister of the Presidency, Maria Teresa Fernández de la Vega Sanz.