In accordance with the Convention on International Civil Aviation, made in Chicago on 7 December 1944 and its Annexes, the main responsibility for aircraft engaged in international air transport, It is for the State of nationality of the same, but this does not prevent the States, in whose territory the air services are developed, to verify compliance with the rules and conditions that they deem appropriate to guarantee the the orderly and safe development of air transport on its territory. The air transport agreements and agreements signed by Spain recognize the right of the Spanish aeronautical authority to require the air carriers designated by the other party to prove that they are in a position to comply with the obligations laid down in the laws and regulations normally and reasonably applied in the operation of international air services. The rules of the European Union also lay down obligations for the Member States relating to the control of air operations carried out on their territory, inter alia, to ensure compliance with Regulation (EC) 785/2004 of the European Parliament and of the Council. The European Parliament and the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators, which requires air carriers operating in the territory of the Community to cover their operations by means of liability insurance and filing with the competent authorities of a policy deposit insurance or any other valid proof of insurance. Furthermore, Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 laying down common rules for the security of civil aviation imposes on the Member States the obligation to ensure that the air carriers maintain safety programmes, capable of responding to the requirements of their respective national civil aviation safety programmes. In the field of domestic law, Law 48/1960 of 21 July on Air Navigation provides in Article 88 that international regular services shall be established by means of agreements with the States concerned and non-regular services. require authorization for each service or trip. In addition, Law 21/2003 of 7 July on Air Safety, in its Title IV, sets out the obligations which, for safety reasons, must be met by air carriers engaged in commercial air transport, and in Article 5 thereof, Ministry of Public Works, among others, the competence of the control of the operation of civil aircraft in Spain to guarantee the air safety. Under the authorization provided for in the fourth final provision of Law 48/1960 of 21 July on Air Navigation, this royal decree is intended to establish an accreditation system to monitor with character prior to the completion of the commercial air operations, the capacity and competence of air carriers from third countries whose licences have not been issued in accordance with Council Regulation (EC) No 2407/92 on the granting of licences to air carriers, and who wish to exploit air traffic rights on Spanish territory. This accreditation system is based on the verification of the documents that accredit the ability and competence of the airlines and aircraft, as well as the fulfilment of the requirements required for the performance of the air transport in the European Union. In order to provide greater flexibility and efficiency to the procedure, the criteria for verifying the validity of the documents provided by the air carriers concerned, as well as the appropriate standard models for each of the documents, are set out in detail. one of the request scenarios. On the other hand, in order not to unnecessarily harm the interests of the sector and users, and taking into account that the accreditation regulated by this royal decree is an administrative process which by its nature implies a necessary processing period, shall be exempt from the obligation to obtain such accreditation, the companies operating only flights of a humanitarian nature, or occasional operations, since in both cases the time required to obtain the accreditation could render the operation unfeasible. However, in order not to compromise air safety, those operations shall remain subject to prior authorisation in accordance with the provisions of the Air Navigation Act. In its virtue, on the proposal of the Minister of Public Works, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on October 26, 2007,

D I S P O N G O:

Article 1. Purpose and purpose.

This royal decree aims to regulate the accreditation regime of third-country airlines that intend to start, continue or resume commercial air operations in Spain.

This accreditation system will help to ensure the development of air services in safe conditions, the protection of civil aviation against acts of unlawful interference, the protection of the rights of users and third parties, respect for the environment and, in general, the adequacy of air services to the general interests of citizens. Accreditation does not constitute an authorisation for the conduct of air operations, but is a prerequisite and necessary for obtaining such authorisation.

Article 2. Definitions.

For the purposes of this royal decree, it will be understood as: Accreditation: procedure whereby the Directorate General of Civil Aviation verifies that air carriers of third countries wishing to start or resume air services to Spain, are in possession of the licenses, certificates and authorizations that empower them for the exercise of the air services they intend to carry out.

The accreditation will be translated into a document issued by the Directorate General of Civil Aviation in the name of an air carrier from third countries. Flights performed by State aircraft: flights conducted by military aircraft and those conducted by civil aircraft used in military, customs, police or any other non-commercial state services. Air carrier of third countries: an air transport undertaking whose operating licence or equivalent documentation has not been issued in accordance with Council Regulation (EC) No 2407/92 of 23 July 1992 on the granting of licences to the airlines. Accredited air carrier: air carrier of third countries which has an accreditation in force, issued by the Directorate General of Civil Aviation in accordance with this royal decree. Operating licence or equivalent documentation: documentation authorising the air carrier to carry out transport services by air of passengers, mail and/or cargo, in return for remuneration and/or rental payment, under the conditions which appear in that document. Responsible State of the air carrier: The State which grants or issues the operating licence or equivalent documentation. Shared code agreement: Agreement between airlines for which a company markets an air service as if it were its own, using its code and flight number, even if the flight is actually operated by another company. Scheduled flights: Flights that meet all of the following features:

(a) to be carried out, in return for remuneration, with aircraft for the carriage of passengers, cargo and/or mail, so that on each flight there are seats available for purchase individually by the public, either directly to the air carrier or through its authorised agents.

b) That they are organized in order to ensure traffic between two or more airports:

1. º According to a published schedule; or

2. º With a regularity or frequency such that they constitute a clear systematic series. Non-scheduled flights: Flights which do not comply with any of the features set out in the case of regular flights.

Article 3. Scope of application.

1. The provisions of this royal decree shall apply to air carriers of third countries, which intend to carry out regular or non-regular commercial air transport services, of passengers, cargo and/or mail, in return for remuneration or rent, to or from airports located on Spanish territory.

2. It will also apply to air carriers from third countries that offer their services through code-sharing agreements, even if they act only as a marketer. 3. They are exempt from the fulfilment of the accreditation requirement, without prejudice to the obligation to obtain the remaining authorisations that are relevant in accordance with the legislation in force, the air carriers of third countries whose operations in Spain are limited to:

(a) Flights made by State aircraft.

b) Flights for specifically humanitarian purposes. (c) non-regular operations in numbers not exceeding three per season of IATA (International Air Transport Association) flights.

Article 4. Obligations of air carriers from third countries.

Air carriers from third countries wishing to apply for authorization to perform commercial air operations in Spain must obtain prior accreditation to this royal decree.

Article 5. Requirements for obtaining accreditation.

1. In order to obtain the accreditation provided for in Article 1, third-country air carriers must demonstrate compliance with the following general requirements: (a) The State responsible for the company shall be a signatory to the Convention on Civil Aviation International (Chicago 1944).

b) To be in possession of an operating license or equivalent documentation, demonstrating the company's training to carry out the air services it intends to perform. (c) Use for air services provided to Spain, a fleet of aircraft that meets at least the following requirements:

1. Being enrolled in States signatory to the Convention on International Civil Aviation (Chicago 1944).

2. To comply with the requirements set out in Annex 8 to the Chicago Convention on International Civil Aviation (Chicago 1944), and in the Airworthiness Manual (Doc. (i) the requirements laid down in Annex 16 (Volume I) to the International Civil Aviation Convention (Chicago 1944), as well as the Spanish and Community noise regulations, which are to be adopted by the European Parliament, application in each case. 4. To be provided with all navigation, communications or other equipment that are mandatory according to the Community and Spanish regulations, which are applicable in the airspace or Spanish territory. 5. In addition, where the air carrier applying for accreditation provides for the use of aircraft of another air carrier under lease agreements, the lease operation shall be authorised by the authority. Aircraft of the State responsible for the air carrier.

(d) Secure agreements covering the liability of the air carrier to passengers, cargo, mail and third parties for operations which are in accordance with Regulation (EC) 785/2004 of the European Parliament and of the European Parliament Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators.

(e) Dispose of a security program against acts of unlawful interference, approved by the aeronautical authority of the State responsible for the air carrier requesting accreditation.

2. Third country air carriers shall also demonstrate compliance with the following specific requirements:

(a) Companies that wish to conduct operations by exploiting air traffic rights recognized in an air transport agreement or agreement signed by Spain shall demonstrate compliance with the specific requirements that are listed in the same.

(b) Where required by the agreement or agreement in question, they shall demonstrate that they have been designated or authorized by the aeronautical authority of the other contracting party to the agreement or agreement for the operation of the services air traffic in the air.

3. Compliance with these requirements shall be demonstrated by the provision of the documents referred to in Article 7.

For all documents to be submitted to be accepted as valid, they must be in effect and, be original, or certified copies, or certified copies. Documents of a technical nature shall comply with the specifications laid down in the Convention on International Civil Aviation and its technical annexes. 4. The documents must be presented in the Spanish language. In case of documents with texts in other languages, a translation of the same into the Spanish language will be accompanied.

Article 6. Competent body.

The Directorate General of Civil Aviation is the competent organ of the Ministry of Public Works, to grant the accreditation subject to this royal decree, to the airlines of third countries that wish to carry out aerial operations in Spain.

Article 7. Relationship of documents for accreditation.

1. The following documents shall accompany the application for accreditation: (a) Operating licence or equivalent documentation issued by the aeronautical authority responsible for the applicant air carrier.

If the de facto operator of the aircraft is not the requesting air carrier, but an unaccredited third-country carrier, the equivalent licence or documentation for that carrier must also be provided. (b) For the exploitation of traffic rights recognized in an agreement or agreement on air transport signed by Spain, which requires the designation or authorization of the aeronautical authority of the other signatory party, the letter of designation or corresponding authorisation. (c) Certificates of the registration of the aircraft which are intended to be used in Spain, issued by the aeronautical authority of the aircraft registration State. (d) Certificates of airworthiness in force for all aircraft intended to be used in Spain, issued by the aeronautical authority of the aircraft registration State. (e) Certificates of noise levels for all aircraft intended to be used in Spain, issued by the aeronautical authority of the aircraft registration State. (f) Proof of insurance to prove that they have concluded insurance to cover the liability of the air carrier against passengers, cargo, mail and third parties, for all operations to be carried out in Spain, in accordance with the provisions of the Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators. g) The air carrier's security program against acts of unlawful interference. (h) Letter of approval of the air carrier's safety programme, issued by the competent authority of the State responsible for the air carrier. (i) When the company designates a representative for the purposes of completing the proceedings before the Directorate General of Civil Aviation, it shall certify that representation by any means valid in law that would leave the company with a reliable record, or by means of a declaration in the personal appearance of the person concerned. (j) Where the company intends to use aircraft operated by another company under a crew lease agreement, it shall additionally submit the authorisation of the lease operation issued by the aeronautical authority the State responsible for the applicant company for the accreditation, clearly indicating the assumption of responsibility for the operational security of that operation.

2. The Directorate General of Civil Aviation may request any other document in order to verify compliance with the requirements for obtaining accreditation, Spanish legislation or the Community rules of application in the air transport, or compliance with the conditions laid down in the agreements or conventions applicable to scheduled air services.

Article 8. Insurance documentation.

1. For the purposes of this royal decree, a valid proof of insurance shall be deemed to be any of the following: (a) An insurance certificate in accordance with the model set out in Annex III.

(b) A certified complete copy of the original insurance policy in force, which complies with the conditions laid down in Regulation (EC) 785/2004 of the European Parliament and of the Council of 21 April 2004. (c) An insurance certificate containing explicitly a text which ensures compliance with the conditions laid down in Regulation (EC) 785/2004 of the European Parliament and of the Council of 21 April 2004.

2. The documents referred to in the preceding paragraph shall be issued by an insurance or reinsurance undertaking which is duly empowered to carry out the insurance business.

Article 9. Accreditation procedure.

1. The air carriers of third countries interested in obtaining the accreditation provided for in this royal decree, must submit their application to the Directorate General of Civil Aviation, or in accordance with the provisions of Article 38.4 of the Law 30/1992, of 26 November 1992, of the Legal System of Public Administrations and of the Common Administrative Procedure, adjusted to the model set out in Annex I and accompanied by the documents referred to in Article 7.

The application model set out in Annex I, as referred to in the previous paragraph, shall be made available to those interested in the electronic address of the Directorate General of Civil Aviation. The applications for accreditation submitted shall be analysed by the Directorate General of Civil Aviation which, taking into account the documentation provided, shall verify that the applicant air carrier complies with the requirements laid down in this royal decree. 2. The Director General of Civil Aviation shall decide on the request and notify the air carrier concerned within 40 calendar days. After the preceding period without express resolution, the application shall be deemed to be rejected. Where the documentation submitted is incomplete or present, the Directorate-General of Civil Aviation shall notify the air carrier so that, within 10 days, it will be able to remedy the deficiencies found. The time limit for resolving the application shall be suspended until the effective completion of the requirement or, failing that, for the duration of the period granted for the purpose of the remedy. 3. The decisions of the Director General of Civil Aviation may be appealed against by those interested in standing before the Secretary General of Transport. 4. The validity of the accreditation is indefinite, and shall remain in force, except, suspended or revoked for any of the reasons set out in Article 12.

Article 10. Amendment of the accreditation.

Changes that occur in the situation or data that have served as the basis for obtaining the accreditation, or the modifications that the company intends to introduce in the conditions of its accreditation, will be communicated immediately to the Directorate-General for Civil Aviation, using the application model set out in Annex I, together with the documentation supporting the requested changes.

The procedure laid down in Article 9 shall apply for the amendment of the accreditation.

Article 11. Maintenance in force of the accreditations.

1. It shall be the responsibility of the accredited air carrier, the updated maintenance of the accreditation documentation, in particular that which is subject to expiry.

2. In order to update the accreditation documentation, the air carriers concerned shall submit the application to the Directorate General of Civil Aviation within 15 days from the date of expiry or loss of validity of the documentation which must be replaced. The application shall conform to the model set out in Annex II and shall be accompanied by the updated documentation. The replacement documentation shall meet the same conditions as the documents initially provided for the accreditation. 3. After the period referred to in the previous paragraph without the updated documentation being provided, the accreditation shall be revoked in whole or in part, depending on the extent of the documents which have been lost, in accordance with the procedure laid down in Article 12.

Article 12. Limitation, suspension or revocation of accreditations.

1. The Directorate-General for Civil Aviation may limit the privileges conferred by the accreditation, suspend it in a cautious manner and, where appropriate, revoke it in whole or in part, by means of the appropriate procedure, after hearing the I would like to make a point of order.

If irregularities are remedied during the processing of these procedures, the suspension or limitation will be left without effect and, if necessary, provided that the public interests are adequately guaranteed, terminate the suspension or revocation procedure. 2. The limitation, suspension or revocation of the accreditations shall be carried out by any of the following:

(a) Failure to comply with the conditions set out in the accreditation.

(b) Failure to comply with the conditions laid down in Article 11 on the maintenance in force of the accreditations. (c) Failure to comply with the rules governing international air transport of passengers, cargo and mail, and applicable laws and regulations in Spain, in particular obligations for safety reasons established for air carriers in the Title IV of Law 21/2003 of 7 July on Air Safety. (d) Failure to comply with the conditions laid down in the relevant air transport agreement or agreement, where applicable. e) Failure to comply with the provisions on civil aviation security adopted by the International Civil Aviation Organization and established in the National Civil Aviation Security Program.

3. Air carriers from third countries whose accreditation has been revoked for any of the reasons referred to in paragraph 2 shall obtain a new accreditation in accordance with the procedure laid down in Article 9 in order to be able to request the restart of its operations in Spain.

Article 13. Infringement and sanctions.

The air carriers of accredited third countries, in accordance with the provisions of this royal decree, will be responsible for the fulfilment of the conditions and requirements laid down in it and in its implementing regulations, as well as the obligations for safety reasons set out in Title IV of Law 21/2003 of 7 July 2003 on air safety, in particular in relation to the obligations laid down in Articles 33 and 37, the sanctioning regime being applicable regulated in Title V of that Law.

Single transient arrangement. Request for accreditation by air carriers which is providing air services.

The airlines of third countries subject to the provisions of this royal decree, which are currently carrying out commercial air operations in Spain, in order to continue the delivery of these air services, they must apply for the accreditation provided for in Article 1 in accordance with the required formalities and requirements, within a maximum of one year from the entry into force of this royal decree.

For the purposes of the accreditation procedure laid down in Article 9, it shall not be necessary to present the required documents referred to in Article 7 already held by the Directorate-General for Civil Aviation and shall be are in force.

Final disposition first. Competence title.

This royal decree is issued under the exclusive jurisdiction conferred on the state by Article 149.1.20. of the Constitution on transit and air transport.

Final disposition second. Compliance with European Union law.

This royal decree is issued in compliance with the provisions of Regulation (EC) 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators, and the Regulation EC 2320/2002 of the European Parliament and of the Council of 16 December 2002 laying down common rules for the security of civil aviation.

Final disposition third. Regulatory development.

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

Final disposition fourth. Implementation and implementation.

The Directorate General of Civil Aviation will adopt the necessary measures for the implementation of this royal decree.

Final disposition fifth. Entry into force.

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

Given in Madrid, 29 October 2007.

JOHN CARLOS R.

The Minister of Development, MAGDALENA ALVAREZ ARZA

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