JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

I

The progress of civil aviation is undoubtedly an essential factor in the development of contemporary societies. In addition to the importance that the aeronautical industry has acquired in national economies, air transport is central to the internationalisation of economic and social relations and economic, scientific and technological exchanges. cultural.

In our legal order the legal regulation of aeronautical activities starts from the Law of Bases of December 27, 1947, subsequently developed by Law 481960, of July 21, on Air Navigation that Since then it is the fundamental rule that civil aviation has been governed by.

This standard, completed with the regulatory developments of each moment, has so far demonstrated remarkable vitality and a great capacity to adapt to meet the objectives and needs of civil aviation. from the date of its enactment and has allowed, inter alia, the growth of traffic, the liberalisation of transport and the internationalisation of the field of action of air operators.

The challenges that air safety poses have led, however, over the last few years to complementing our general aviation legislation with the adoption of new rules resulting from the most recent requirements and recommendations of the International Civil Aviation Organisation and the implementing provisions necessary for the implementation of Community rules and to adopt the most relevant agreed codes and decisions as rules of national law by Eurocontrol and by the Joint Aviation Authorities, a body associated with the European Civil Aviation Conference.

The full effectiveness of these rules requires that the National Aeronautical Authority in the civil field has the necessary legal and organisational instruments to ensure its implementation and the permanent adequacy of its methods. To the international provisions and recommendations, to the service all of the safety in the transport and in the aerial ship and in the systems and airport facilities.

The strengthening of the public intervention powers on the transit and air transport that this law carries out is also due to other considerations. First, the finding that the establishment of a market progressively open to competition between different airlines such as the current one requires the adaptation of the civil aviation authority, which must assume the role of regulatory body and ensure free competition between them, the access of operators and users to aeronautical services and the general order and security of air transport.

The increasing complexity of civil aviation-related activities that technological development entails, in the second term, must be translated into the enhancement of the supervisory functions of the regulatory body. processes for the manufacture, maintenance and operation of aircraft and aeronautical products and the provision of airport and air navigation services, as well as in the establishment of rules governing the activities of aircraft and aircraft. (a) the European Union's activities in the field of education and training; the safety and use of air transport services by certain categories of particularly vulnerable users such as persons with disabilities or elderly persons.

This Law is a response to the problems stated and coincides with Resolution number 14.4, adopted by the Congress of Deputies ' plenary session on the occasion of the debate on the state of the nation held on 26 and 27 March. June 2001, which urged the Government to supplement Law 48/1960 with a legal standard regulating the public powers of management and supervision of civil aviation, determine its aims and provide the aeronautical authority with the necessary means to ensure the regularity of aeronautical services and the order and safety of air transport.

II

Title I of the Law distributes among the organs of the General Administration of the State, in a complete and systematic manner, the powers that in matters of airports of general interest, control of the airspace, transit and air transport, weather service and aircraft registration Article 149.1.20. of the Constitution gives the State exclusive responsibility. This new assignment of functions allows to advance in the situation created by the promulgation of the Royal Decree Law 12/1978, of April 27, on fixation and delimitation of faculties between the Ministries of Defense and of the Transports and Communications in (a) the subject of aviation, under which the latter department took over, without a prior redefinition of its duties, the exercise of the powers of the Civil Aviation Secretariat, initially dependent on the Ministry of Air, and, Delegation of the Ministry of Defence, control of the general air circulation.

The Ministry of Development is configured as the civil aviation authority in the internal field and its functions are mainly oriented to the management, supervision and control of the different sectors of activity that constitute civil aviation and the exercise of sanctioning power in the field. The attribution of responsibilities for the control of the general air circulation in the time of peace that the Law carries out in favor of the Ministry of Development is direct and not by delegation, as established by the current Royal Decree Law 12/1978 on the delimitation of powers between the Ministries of Defence and Transport in the field of aviation. This does not prevent the control of the general air circulation from being integrated in the air defense of the national territory in emergency situations or extraordinary circumstances, and, consequently, it must be assumed by the Ministry of Public Health. Defense.

The dynamism of the aeronautical industry and its constant technological evolution require the civil aviation authority to have regulatory instruments that allow the agile response to the problems that air safety poses. In this direction and, following a general pattern in the other countries of our environment, the Director General of Civil Aviation is assigned the power to issue regulatory provisions of a secondary nature and of technical content and specialised, known as "aeronautical Circulars", designed to complete, specify and ensure the most effective application of the rules in order to preserve the safety of flight operations and the order of transit and transport air.

From the perspective of its ordering function it is also regulated the intervention of the Ministries of Promotion and of Defense in the planning and establishment of the airport systems, consisting in an authorization for the airports of competence of the General Administration of the State and a prior binding report, in respect of the preservation of the state powers, in the case of aerodromes, heliports, airports or plans of competence of an autonomous community.

The administrative organization is completed with the creation of the Advisory Council of Civil Aviation as a higher advisory body and consultation of the General Administration of the State in the field of civil aviation, attached to the Ministry of Development.

III

Title II is devoted to the regulation of the technical investigation of accidents and incidents of civil aviation, up to now established by Royal Decree 389/1998 of 13 March on the investigation of accidents and accidents. civil aviation incidents, which incorporated into our legislation Directive 94 /56/EC of 21 November laying down the fundamental principles governing the investigation of accidents and incidents of civil aviation, according to Annex 13 to the Convention on International Civil Aviation.

The new regulation, which is now being carried out at legal headquarters, reinforces the independence of the body responsible for carrying out the investigations, the Commission of Investigation of Accidents and Incidents of Civil Aviation, a collegiate body. technically specialized and organically attached to the Ministry of Public Works. The strengthening of this independence is achieved by severely limiting the powers of the Department of Membership in the appointment and termination of the members of the Commission and by giving the investigative function of a specific legal regime, to increase the effectiveness of investigations and to preserve their true purpose, which is to determine the causes of accidents and incidents of civil aviation and to improve air safety, but not to establish the fault or responsibility for the same.

According to the standards and recommendations approved by the International Civil Aviation Organization, the transfer of data from technical research to those cases where the information has been requested is limited. by the courts and tribunals of the criminal order, by the Parliamentary Committees of Inquiry or by other bodies of technical investigation of accidents and incidents or where the communication constitutes a more appropriate measure to prevent a accident or serious incident.

IV

One of the essential tasks of the regulatory body is to verify compliance with the regulatory standards of civil aviation and to react to any non-compliance, which is a particular circumstance. relevance to the aeronautical inspection. Well, Title III of the Law is fully dedicated to regulating the content and form of exercise of control functions, inspection in the strict sense and verification of aeronautical activities by the Ministry of Public Works.

The control of aeronautical activities has a double dimension: it includes, on the one hand, the traditional functions of monitoring and monitoring compliance with the rules on civil aviation applicable in the various fields. subject to the same and, on the other hand, it also covers technical supervision and checks, tests and trials necessary for obtaining and renewing licences, ratings and authorizations which are inherent in the field of civil aviation and the certification of aircraft and aircraft equipment and aircraft. The inspection, in accordance with what this law establishes, therefore exceeds the traditional limits of administrative control prior to the exercise of the sanctioning powers and also includes technical collaboration with the The purpose of this Directive is to ensure that the requirements necessary for the procurement and maintenance of the securities enabling the conduct of aeronautical activities and operations are complied with.

In order to guarantee the correct exercise of the inspector's activity, with the above mentioned scope, the law regulates the legal status of this function, the privileges of those who perform it, the form and the documents in (a) the implementation, the procedure for the remedy of deficiencies and, in particular, the extraordinary measures to be taken by the aeronautical authority where irregularities have been found in aircraft, equipment or installations; Civil servants who commit in a certain, serious and immediate way air safety.

In addition, in the regulation of the aeronautical inspection a balanced model of collaboration between the public and private sectors has been sought for the performance of the actions of inspection in its own sense, verification and (a) monitoring, admitting that natural and legal persons who have the resources, technical solvency, specialisation in aeronautical activities and the independence necessary to ensure the impartiality of their activities can be authorised to carry out such actions, although always under the direction and supervision of the civil aviation authority.

V

The steady increase that air traffic has experienced in recent decades has created increasing security needs. Title IV of the Act sets out the catalogue of the obligations, for that reason, to those subjects whose performance may affect air safety, by regulating the general obligations which are required of all and, subsequently, the specific obligations of aeronautical personnel, of entities engaged in the manufacture and maintenance of aeronautical products, of operators and airlines, of companies carrying out aerial work, of service providers of air navigation, of the airport services agents, of the managers of airport infrastructure, of passengers and users and of entities and persons carrying out inspection activities.

Through the express determination of the obligations, the law has sought to give a generalizing and positive approach, formulating the security requirements and the patterns of behavior that are necessary for the people and organizations (a) developing aeronautical activities, which are the general legal framework for aviation safety, which will need to be further detailed and implemented at a later stage in each of the multiple and particular provisions governing and regulating the different sectors of action falling within civil aviation.

VI

Title V of the law establishes a system of sanctioning in the field of complete civil aviation, both material and procedural, which replaces the content in Articles 152 to 159 of Law 48/1960. Although some of the violations that are included are derived from legal post-law range rules on Air Navigation that have updated it.

The development that air traffic and transport have experienced since the 1960s to our day requires the sanctioning of civil aviation to be in line with the nature and nature of the activities and aeronautical services that are today or are being exercised in a way that faithfully responds to the problems and conflicts that are effectively conceived and that encompasses the totality of the individuals, individuals and collectives, who participate in them.

The law also takes into account the determinations of the 1978 Constitution and the new administrative legality in the past decade in accordance with its principles, as well as the modifications resulting from the agreements and international standards in the field of civil aviation and, finally, the integration into our system of sources of Community legislation law which have regulated very important aspects of the air transport of the Member States of the European Union. European Union.

All these circumstances make it necessary to establish a new sanctioning regime to correct administrative violations, built on the basis of full respect for basic constitutional principles. of legality and legal certainty, as well as the more specific of the typicality and proportionality enshrined in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

In compliance with the aforementioned principle of typicality, the conduct constituting administrative violations against the security of the court is defined according to the criteria established by the doctrine of the Constitutional Court. civil aviation, transport and air work, the transport of dangerous goods or subject to special rules by air, the discipline of air traffic in the area of noise, the operation and use of airports and the use of coordination of airports and the use of slots. The very notable increase experienced by air traffic in general and particularly commercial air transport must be taken into account from the sanctioning point of view with the dual aim of preserving aviation security, of unquestionable public interest, such as the legitimate rights and interests of passengers and other users of aeronautical services.

The law establishes, finally, with the necessary precision, the penalties and measures resulting from the infringements and the criteria to which the implementing bodies must hold their resolutions, both with respect to the application of the sanctions as for their graduation with exquisite respect for the principles outlined above, as well as for legal certainty and proportionality.

TITLE I

General provisions

Article 1. Object and purpose.

purpose of this law is to determine the powers of the organs of the General Administration of the State in the field of civil aviation, to regulate the technical investigation of civil aviation accidents and incidents, and to establish the the legal regime of the aeronautical inspection, the obligations for reasons of aviation security and the regime of infringements and sanctions in the field of civil aviation.

Its provisions are intended to preserve the security, order and fluidity of air traffic and air transport, in accordance with the principles and rules of international civil aviation law.

Article 2. Scope.

1. The rules contained in this law shall be governed by the civil aviation aircraft, products, components and equipment, the airport and civil aviation systems, without prejudice to the powers conferred on these airport systems. correspond to the autonomous communities, civil aviation related services and activities and civil personnel and organisations involved in their implementation and operation.

The application of this law to non-military aircraft, such as customs, police or, in general, those intended for non-commercial public services, their personnel and the organizations responsible for their use, it shall respect the particularities relating to the operation of such aircraft.

2. Military aircraft, airport and air navigation systems and services, activities and facilities assigned to the national defence, as well as their personnel, are excluded from the scope of this law and will be subject to their specific legislation.

3. This law, without prejudice to compliance with the provisions of the existing European legislation in this respect, shall apply throughout the Spanish territory, in its waters of jurisdiction, in the area of suprayacente airspace and in the airspace over which the Spanish State exercises jurisdiction in accordance with the international treaties and conventions in force.

Article 3. National Civil Aviation Safety Programme.

1. The National Security Programme for Civil Aviation will be approved by the Council of Ministers, adopted on a joint proposal of the Ministers of Defense, Interior and Development, in which the measures and procedures will be determined. necessary to ensure the effective implementation of civil aviation safety standards at airports, aerodromes and air navigation facilities and the prevention of unlawful acts against aeronautical activities.

The Government shall also designate the competent bodies for evaluation, monitoring and implementation.

2. The measures provided for in the National Civil Aviation Safety Programme shall apply at all airports open to commercial air transport operations.

3. The programme shall be reviewed on a regular basis as provided for in international standards and, in any case, provided that new security measures are necessary or circumstances are required to be taken into account.

Article 4. Control of air traffic.

1. The control of the airspace and of the general air circulation shall be the responsibility of the Ministries of Defense and of Promotion, in the terms established in this article.

2. The Ministry of Public Works is responsible for the control of the general air traffic in peacetime, except in the cases provided for in paragraph 4.

3. To the Ministry of Defense, as the main responsible for the air defense of Spain, they correspond:

(a) Surveillance, control and defence of the airspace of national sovereignty and (b) control of air traffic in the cases referred to in paragraph 4.

4. The Ministry of Defence shall always exercise control of the operational air traffic and, in times of armed conflict, control of the general air circulation. It shall also exercise control of the general air circulation in the following cases:

(a) When the President of the Government decides that this competence be exercised by the Ministry of Defense, there are extraordinary circumstances in which he may be advised.

b) When emergency situations are reported, declared by the Ministry of Defense.

Article 5. Powers of the Ministry of Public Works.

1. It is for the Ministry of Public Works to exercise the following powers:

(a) The management and control of the general air circulation in peacetime, in accordance with the provisions of Article 4.

b) The management and guarantee of the provision of civil air navigation services.

c) The qualification of civil airports of general interest and the approval of their directors ' plans.

(d) The management and guarantee of the provision of airport services at airports of general interest.

e) Maintaining the registration of civil aircraft registration.

f) The air transport system management.

g) The management of air activities and activities, as well as of general and sport aviation.

h) The verification and control of compliance with the requirements and procedures established to ensure air safety in relation to the design, manufacture, maintenance, use and operation of civil aircraft and, in general, civil aviation products, components and equipment, as well as airports, aerodromes and civil air navigation systems and installations.

i) The granting of the securities that enable individuals and civil organizations for the conduct of civil aviation activities and the control of compliance with the requirements and obligations in each applicable case.

(j) Recognition and acceptance of certificates issued by authorities of other States and which are required for the exercise of aeronautical professions.

k) The management, management and implementation of the aeronautical inspection, in the field of the competencies of the General Administration of the State.

(l) The exercise of sanctioning power in the field of civil aviation.

2. The competence referred to in paragraph (h) of the previous paragraph shall not cover air navigation systems and installations associated with the air bases, the air bases open to civil traffic, the aerodromes used jointly by a base air and airport and military heliports, the verification and control of which shall be carried out by the Ministry of Defence.

Article 6. Coordination between the Ministries of Defense and Development.

An inter-ministerial commission composed of representatives of the Ministries of Defense and Development will assume the coordination of the actions that the two ministries, in the field of their respective competences, correspond in relationship to the use of airspace and the control of easements and security zones in the environment of civil airports and shall inform the decisions of one or the other or both ministries jointly.

Article 7. Competence in the field of meteorological service.

It is for the Ministry of the Environment to exercise the powers of the State in the field of meteorological service and, consequently, of the following functions:

(a) The exercise of the aeronautical meteorological authority in the national territory, through the Directorate General of the National Institute of Meteorology.

(b) The provision of the meteorological observation, surveillance and prediction services necessary to contribute to the safety, regularity and efficiency of air traffic.

c) The provision to aeronautical users of the meteorological information necessary for the performance of their functions.

Article 8. Aeronautical circulars.

1. The Director General of Civil Aviation may approve, in the field of civil aviation, provisions of a secondary nature and of technical content, which supplement, specify and ensure the most effective application of the rules aimed at preserving the security and the order of civil air traffic and transport.

2. Such provisions which shall take into account the requirements and recommendations adopted by the International Civil Aviation Organisation and by the international bodies of which the Spanish State is a party, shall be referred to as 'Circulars'. " and shall be compulsory, in the field of civil aviation, for natural and legal persons who carry out the activities and provide services related to the training of aeronautical personnel, design, production, the maintenance and operation of aircraft and aeronautical products, the management of the airport and air navigation systems, the provision of services necessary for air navigation and the performance of transport and air work and general aviation and sport activities.

3. The approval of the aeronautical circulars shall be carried out after hearing the interested parties and reports of the Technical General Secretariat of the Ministry of Public Works and, when it affects the competences of the Ministry of Defense, the Secretariat General Technical of this Department.

4. The entry into force of the aeronautical circulars will require their prior publication in the "Official State Gazette".

Article 9. Construction and planning of airport systems.

1. The construction and structural or functional modification of the aerodromes, heliports and civil airports of competence of the General Administration of the State and the installations of the air navigation system, as well as the putting into operation and closure of these, will require authorization from the Ministry of Public Works, prior to the favorable report of the Ministry of Defense.

2. The construction, modification and opening to air traffic of the airports and airports of competence of the autonomous communities and the approval of plans or instruments of management and delimitation of their respective service area shall be jointly informed by the Ministries of Promotion and Defence, in advance, for the purpose of determining the impact of the same in the structuring, management and control of airspace, in air traffic and transport and in its (a) a condition for airports of general interest or their surrounding spaces subject to easements aircraft.

The report provided for in the preceding paragraph shall be binding in respect of the preservation of the State's powers and shall be issued after consultation of the collegiate body provided for in Article 6 within the six months after which, without having been evacuated, the term 'favourable' shall be understood.

For the construction, modification and opening to air traffic of the heliports of competition of the autonomous communities, only the certificate of compatibility of the airspace of the projected installation will be required issued by the Directorate-General for Civil Aviation, after a binding report of the collegiate body referred to in Article 6.

Article 10. Civil Aviation Advisory Board.

1. The Civil Aviation Advisory Council is hereby established as a higher advisory and advisory body on civil aviation, attached to the Ministry of Public Works.

2. The Civil Aviation Advisory Council will be chaired by the Minister of Public Works and will be represented by the ministerial departments and public administrations that have powers that have an impact on civil aviation, schools and professional associations of aeronautical personnel, the most representative trade union organisations in the civil aviation sector, airlines, aircraft manufacturers, organisations and insurance associations The European Commission has also been able to provide information on the disability and older persons and other civil aviation-related activity holders to be determined in accordance with the provisions of paragraph 5.

3. The Council shall inform the projects of civil aviation regulatory standards submitted to it by the Ministry of Public Works and may propose, to the latter or the Government, the adoption of any measures deemed necessary in relation to the sector. aircraft.

4. The Civil Aviation Advisory Council report replaces the hearing provided for in Article 24.1.c) of Law 50/1997 of 27 November of the Government.

5. The composition, organisation and operating rules of the Civil Aviation Advisory Board shall be determined.

6. The Ministry of Public Works shall provide the Advisory Board of Civil Aviation with the technical and administrative support necessary for the effective implementation of its objectives.

TITLE II

From technical investigation of civil aviation accidents and incidents

Article 11. Accidents and incidents of civil aviation.

For the purposes of this law, the event related to the use of an aircraft is considered to be an accident of civil aviation, from the moment a person enters on board to carry out a flight to the landing of all the passengers and crew members, who are responsible for the death or serious injury of persons, as defined in the current criminal law, for damage or structural damage to the aircraft or for their disappearance or to be totally inaccessible.

The event related to the use of an aircraft that, without becoming an accident, affects or may affect the safety of the air operations shall be considered by incident.

There are serious incidents where circumstances indicate that an accident has occurred.

Article 12. Technical investigation of accidents and incidents.

1. Technically, in accordance with the provisions of this law and with the standards and methods recommended by the International Civil Aviation Organization, all serious accidents and incidents of civil aviation occurring in the territory, in the waters of jurisdiction and in the suprayacente airspace or under the responsibility of the Spanish State or, outside of them, where in the event an aircraft of Spanish registration is involved or operated by a company established in Spain, except that the investigation is already carried out by another State for the reason of the place in which the accident or incident occurred.

2. The purpose of the technical investigation is to determine the causes of accidents and incidents of civil aviation and the circumstances in which they occurred, with the sole aim of preventing them in the future and the formulation of recommendations to avoid repetition. In no case shall it be directed to the establishment of the fault or responsibility thereof.

Article 13. The Commission for Investigation of Accidents and Incidents of Civil Aviation.

1. The Commission of Investigation of Accidents and Incidents of Civil Aviation is a specialized collegiate body, attached to the Ministry of Public Works, which corresponds to the technical investigation of accidents and serious incidents of civil aviation.

2. The Commission of Investigation of Accidents and Incidents of Civil Aviation shall act with full functional independence in respect of the aeronautical authorities, airports and those responsible for air traffic and traffic and any other whose interests may conflict with the mission entrusted to it and shall have the means necessary for the development of its powers.

3. The Commission shall be assisted by the members of the technical investigation teams for civil aviation accidents and incidents.

4. The Commission of Investigation of Accidents and Incidents of Civil Aviation will act jointly with the Commission of Technical Investigation of Military Air Accidents in the accidents and incidents in which aircraft are also involved military.

Article 14. Composition and functions.

1. The Plenary of the Commission of Investigation of Accidents and Incidents of Civil Aviation shall be composed of a president and a number of vowels, not less than five and no more than 10, appointed by the Minister of Public Works prestige and accredited professional qualifications in the field of civil aviation.

Before his appointment, the person proposed for the presidency must appear before the corresponding Commission of the Congress of Deputies to take account of the basic lines of action to be developed by the Commission of Investigation of Accident and Incident of Civil Aviation during his term of office.

2. The plenary session of the Commission shall appoint a secretary, who shall attend his meetings, speaking in a voice but without a vote.

3. The chairman and the members of the Commission shall be renewed every six years, and may be re-elected for a single period of time.

4. The President and the vowels of the Commission shall cease in their capacity to resign accepted by the Minister for Public Works, expiration of the term of office or separation, agreed by the Minister of Public Works, founded on the permanent incapacity for the exercise of their duties, gross non-compliance with their obligations or conviction for criminal offence.

5. The procedure for appointing members of the plenary and the rules of operation of the Civil Aviation Accident and Incident Investigation Commission shall be determined.

Article 15. Communication of accidents and incidents.

The aeronautical authorities, those responsible for the air navigation facilities and services, the owners, operators and crew of the aircraft involved and the persons and entities related to the event have an obligation to communicate to the Commission of Investigation of Accident and Civil Aviation Incidents the accidents or incidents to be investigated by that Commission, as soon as they are aware of them.

Article 16. The reserved character of the information.

1. The data, records, recordings, statements, communications and reports obtained by the Commission of Investigation of Accidents and Incidents of Civil Aviation, as well as by the members of the investigation teams, in the performance of their functions have a reserved character and can only be used for the purposes of technical research.

2. The information referred to in the previous paragraph may not be communicated or transferred to third parties except in the following cases:

(a) When required by the judicial or the Prosecutor's Office for the investigation and prosecution of crimes.

(b) When requested by the Parliamentary Research Committees referred to in Article 76 of the Constitution.

(c) In the collaborative actions developed by the Commission with other technical research bodies for accidents and incidents of civil aviation, in accordance with international, Community and international standards, national on this subject.

(d) In cases where the Commission's plenary considers that the communication of data to the aeronautical authority or to the affected aeronautical organisations and persons is more effective in preventing an accident or incident severe.

3. The members of the Commission of Investigation of Accidents and Incidents of Civil Aviation and the personnel at the service of the same shall be obliged, in the performance of their duties, to preserve the reserved character of such data and information.

Article 17. Powers of the investigators.

1. The components of the research teams shall develop their functions, under the exclusive direction of the Commission, with freedom and independence of criteria.

2. Researchers, in the exercise of their duties, shall have the following powers:

a) Free access to the site of the accident or incident, to the aircraft, its contents or its remains to carry out checks, annotations and analyses.

b) Immediate access to the content of the flight registrars or any other record or recording directly related to the event under investigation.

c) Adoption of the necessary measures to preserve the remains of the investigated claims.

(d) the right to be informed of the results of the examinations carried out or of the sampling carried out on the bodies of the victims or of the persons involved in the operation of the aircraft and to take statements to the witnesses.

(e) Access to any information relevant to the investigation that is in the possession of the owner, the operator or the builder of the aircraft, the aeronautical authorities or the airport operators; and aerodromes.

(f) To obtain from the aeronautical authorities the information that, on the infrastructure, personnel, equipment, operators, services or aeronautical procedures, is necessary for the development of the research.

Article 18. Collaboration with the judicial bodies.

1. The Commission of Investigation of Accidents and Incidents of Civil Aviation shall communicate to the judicial bodies or the fiscal ministry the beginning of the technical investigations undertaken in the event of an accident, as well as the indications of responsibility (

) the criminal offence (s);

2. The actions of the investigators referred to in paragraphs (a) and (b) of paragraph 2 of the previous Article shall require the prior authorisation of the judicial authority, where the accident or incident under investigation has resulted in the opening of a judicial procedure.

Article 19. Advertisement of reports and recommendations.

1. Following the technical investigation, the Commission of Investigation of Accidents and Incidents of Civil Aviation shall approve a report and formulate, when deemed necessary, proposals or recommendations on air safety to prevent future accidents and incidents.

The Commission shall advertise the reports and recommendations by means of procedures appropriate to the characteristics and severity of the event under investigation.

2. The Commission may require the specific recipients of its recommendations to provide information on the preventive safety measures they have adopted or plan to take.

TITLE III

From Aeronautical Inspection

Article 20. Concept and scope.

1. The aeronautical inspection function includes monitoring and monitoring compliance with the rules governing the various activities of civil aviation and supervision in order to verify the requirements for obtaining, maintaining and renew the 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 aeronautical inspection extends to all aircraft, aircraft products and equipment, airport and air navigation systems, services and activities related to civil aviation, both in flight operations and air navigation. land, aeronautical personnel and the operators or operators of such services and activities.

3. Aircraft registered in other States having entry or exit from Spanish territory and their crews shall be subject to inspection, in accordance with Spanish law, with the rules of European Community law and with the Treaties and international conventions.

Article 21. Membership and exercise.

1. The management, management and enforcement of the civil aviation inspection, in the field of the powers of the General Administration of the State, corresponds to the Ministry of Public Works.

2. The actions of this inspection shall be carried out by the Directorate-General of Civil Aviation, directly or through natural or legal persons, with accredited technical capacity and solvency, acting under the direction and supervision of the Directorate-General for Civil Aviation. of that management body, in the terms that are determined in this law and in its implementing rules.

Article 22. Content of the inspection function.

1. The aeronautical inspection function covers the areas listed below:

A) In relation to operational security:

1. aeronautical personnel.

2. Aircraft Operation.

3. º Airworthiness.

4. Medical and aeronautical training.

B) In relation to air transport:

1. Licensing and operating authorizations for air carriers.

2. Air Transport Services.

3. Air work, private transportation, local flights, and other air traffic activities.

4. " Check the existence and validity of the systems for the coverage of risks arising from air transport.

5. º Public service obligations and special arrangements for access to the civil aviation market.

6. Fares and bonuses in air transport.

7. Verification of the operation of air traffic and transport services.

8. Air Transport Contract.

9. Ground assistance services at airports of general interest.

10. º Use of slots for the movement of aircraft at airports.

11. º Continuity and security in the provision of air and airport transport services.

C) In relation to air navigation:

1. Air Navigation Services.

2. Air Navigation System Facilities.

3. Personnel and organisations involved in the provision or operation of air navigation services and in the construction, use or maintenance of facilities affected by the air navigation system.

D) In relation to airports and other aerodromes and airport facilities:

1. Construction, opening and operation of airports of general interest and their facilities.

2. Air safety of the remaining airports and aerodromes.

3. Aeronautical easements.

2. The provisions of paragraph 1 are without prejudice to the powers of other public administrations or administrative bodies in the exercise of their powers.

Article 23. Transfer of inspection responsibilities.

The Ministry of Public Works, in accordance with the provisions of the international treaties or conventions concluded by the Spanish State, may entrust, in whole or in part, to the aeronautical authorities of another State the exercise of the obligations and functions of inspection and supervision referred to in this law in respect of aircraft registered in Spain, where the operator of such aircraft has its main operating office or permanent residence in that State or where those operate in a stable manner in the same.

In the same way, the Spanish aviation authorities will be able to fully or partially assume the obligations and functions of this nature which the other State is concerned with the aircraft of their registration, if they are exploited by an air operator having its head office or permanent residence or operating in a stable manner in Spain.

The Spanish authorities shall recognise the treaties or conventions of this kind concluded between other States and which affect aircraft operating in Spain, provided that they have been registered with the Council of the Aviation Organisation. International Civil and public events by this or when its existence and scope have been directly and officially notified by a State party.

Article 24. Inspection actions.

1. The exercise of the functions of the aeronautical inspection shall be in accordance with the plans or, failing that, the specific action orders approved by the Directorate-General for Civil Aviation.

By Order of the Minister of Public Works the periodicity, content and form of approval and execution of the plans of inspection actions will be determined.

2. If the purpose of the inspection is not an obstacle to this, the person or entity to be inspected shall be informed in good time of the action to be taken and the persons authorised to carry out the inspection.

3. The personnel carrying out the inspection activities must prove their identity and condition through the display of an official document issued by the Directorate General of Civil Aviation, in which the powers of its holder will be determined, the the scope of its tasks and the limits to which it is exercised.

Article 25. Powers of the inspectors.

1. The aeronautical inspection activities shall be carried out by the officials carrying out the corresponding posts in the bodies with the inspection powers of the Directorate-General for Civil Aviation. However, other officials or public employees assigned to such bodies may be entrusted with the performance of tasks or ancillary or administrative support activities of the former.

2. Inspectors from the Directorate-General for Civil Aviation shall, in the performance of their duties, have the following powers:

(a) The consideration of public authority, and may, if necessary, obtain from other competent authorities or their agents the assistance necessary for the normal performance of their duties.

(b) Free access to aircraft, on land and in flight, airports, aerodromes, premises, land and, in general, to all aeronautical installations in which they would have to carry out the inspections. In the case of the address of the person inspected, they must obtain the consent of the person concerned or, failing that, judicial authorization.

c) The power to require and examine equipment, books, records, procedures and documents of interest for the purpose of the inspection, to obtain copies or extracts thereof and samples of the substances and materials used by the inspected.

3. The staff assigned to the bodies with the inspection powers of the Directorate-General for Civil Aviation shall be required to keep due to the facts, data and information which he has known for his job.

4. Natural and legal persons, whether public or private, who are subject to inspection or supervision have a duty to cooperate and to facilitate the good end thereof.

Article 26. Entities and contributing staff.

1. The procedure shall be established by means of which natural and legal persons, whether public or private, may be authorised to have adequate means, accredited technical capacity and specialisation and functional independence. in respect of the activities to be carried out, to act as collaborating entities in the field of aeronautical inspection, in accordance with the guidelines and under the supervision of the Directorate General of Civil Aviation.

2. The collaborating entities of the Directorate General of Civil Aviation may be empowered to perform the following functions:

(a) Verify and credit the required aptitude to the aeronautical personnel for obtaining, maintaining and renewing the titles, licenses, ratings, authorizations, approvals or certificates necessary for the exercise of their functions.

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

(c) Carry out the checks, inspections or checks necessary to verify and prove the safety conditions required for the establishment and operation of the airport and air navigation systems.

3. The staff of such entities shall display a document issued by the Directorate General of Civil Aviation in which they shall establish their powers and powers, as well as the conditions of exercise thereof and shall be subject to the duty of secrecy. set out in paragraph 3 of the previous Article.

4. Private persons or employees of the aeronautical inspectorate must take out insurance or constitute deposits, bonds or other guarantees which are determined to cover liability for the risks arising from their use. actions.

5. The fees that the collaborating entities receive for the performance of the functions listed in paragraph 2 shall be notified to the Ministry of Public Works.

Article 27. Internal verification procedures.

By Order of the Minister of Public Works the conditions and conditions under which the operators of air transport services and the operators or providers of airport and air navigation services are determined shall be determined, have adequate human, material and technical means to carry out and implement on their own scheduled procedures for verification and control of compliance with the technical and security rules applicable to the activities they perform.

Verification and control procedures and programs must be previously approved by the Directorate General of Civil Aviation.

Article 28. Documentation of the inspection actions.

1. The actions in which the exercise of the function of the aeronautical inspection which has legal effects vis-à-vis third parties or prescriptive nature are carried out shall be documented in proceedings, communications, technical opinions, reports and minutes.

2. The results of the inspections carried out to monitor compliance with the applicable rules shall be recorded in a report.

The minutes will necessarily include the following:

a) The name and accreditation of the inspector.

b) The place, date, and time at which the inspector activity was performed.

c) The identity of the person responsible for the entity, product, service, activity, or installation inspected.

(d) The essential elements of the inspection carried out and, where appropriate, the deficiencies, irregularities or legal breaches established.

e) Where appropriate, proposal for possible measures to be taken, in accordance with the implementing rules, to address such deficiencies, irregularities or non-compliance.

f) Conformity or disconformity with all of the subject inspected.

3. The results of the verification of compliance with the requirements for the granting, maintenance and renewal of certificates, approvals, authorisations, licences and certificates shall be reflected in a technical report or opinion. Ratings that are mandatory in the field of civil aviation.

The following ends shall be included in the technical reports or opinions:

a) The name and accreditation of who performs the inspector's performance.

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

(c) Actuations made, indicating their outcome and, where appropriate, the deficiencies, irregularities or breaches of the applicable regulations found.

d) Where appropriate, proposal for possible measures to be taken, in accordance with the implementing rules, to address such deficiencies, irregularities or non-compliance.

e) The compliance or disconformity with all of the person or entity that is the subject of the verification or oversight.

4. The organisation audits and procedures to be carried out by natural and legal persons engaged in activities covered by the civil aviation legislation shall give rise to the relevant reports and, where appropriate, minutes.

5. After completion of their activities, the responsible for the action shall submit the relevant minutes, reports and technical opinions to the Directorate-General for Civil Aviation and shall, where appropriate, propose the opening of the sanctioning.

6. The minutes, reports and opinions resulting from the inspections and technical checks referred to in this Article, formalised in a public document, subject to the relevant legal requirements, shall have probative value, without prejudice to the evidence that in defence of their rights and interests they can provide or enforce the ones administered.

Article 29. Healing.

1. Where deficiencies, irregularities or non-compliance are recorded in the minutes and reports, whether or not they constitute an infringement, the Directorate-General for Civil Aviation shall place the persons and entities responsible for them to be remedied, indicating, where appropriate, the measures to be taken for this purpose and giving them a reasonable period of time.

2. As long as the Directorate-General for Civil Aviation has not been accredited that the deficiencies, irregularities or non-compliance have been remedied, it shall not proceed, unless the specific rules of application to the case establish otherwise, the granting, revalidation, renewal or acceptance of the corresponding certificate, approval, authorization, license or enablement.

3. Deficiencies, irregularities or non-compliances shall be understood to be remedied, where the measures which were required have been adopted or have been adopted, subject to the express authorisation of the Directorate-General for Civil Aviation, alternative measures which ensure an equivalent level of compliance with the applicable rules.

Article 30. Extraordinary measures.

1. The Director-General of Civil Aviation may, acting on a complaint or on a reasoned proposal from the aeronautical inspectors, agree to the immobilisation of an aircraft or the limitation or temporary suspension of the effectiveness of the aircraft. certificates, approvals, authorisations, licences or ratings previously granted, where irregularities have been found to affect the air safety in a certain, serious and immediate manner.

The immobilization, limitation, and suspension agreement will be documented in writing. However, where it is necessary for urgent need, it may be adopted orally, without prejudice to the act and its statement of reasons in writing as soon as possible and, in any event, within a period of not more than 72 hours, from the same to those interested.

2. The measures taken must be confirmed or lifted in the initiation agreement of the subsequent administrative procedure and, in any event, shall be without effect as soon as the causes resulting in their imposition have been removed.

3. The costs incurred by such measures shall be borne by the operators or operators of the aircraft and the services or activities.

Article 31. Collaboration with the European Union.

The bodies and units of the Directorate-General for Civil Aviation and the staff providing services shall provide the necessary cooperation to persons authorised by the institutions of the European Union or by the Agency. European Aviation Safety Agency to carry out inspections and investigations on Spanish territory.

The Director-General of Civil Aviation may require the entities and contributing staff referred to in Article 26 to provide, as required, the necessary assistance.

TITLE IV

Of the obligations for security reasons

Article 32. Subject to the obligations for security reasons.

They are subject to compliance with the security obligations set out in this title by the following individuals and organizations:

aeronautical personnel.

Flight schools and aeronautical training centres and aerocclbes.

Entities dedicated to the design, production and maintenance of aircraft and aeronautical products.

Air Operators.

Air companies and air service companies.

Air navigation service providers.

Airport services agents and providers.

Airport managers, aerodromes and other airport facilities.

Passengers and other users of aeronautical services.

Collaborative entities in the field of aeronautical inspection.

Article 33. General obligations.

All persons and organizations listed in the previous article are subject to the following obligations:

1. Fulfill Due Diligence the required standards, rules, measures and safety conditions in each aeronautical activity or operation.

2. To issue the orders, instructions and guidelines adopted by the aeronautical authorities in the performance of their duties.

3. To collaborate and facilitate the good end of aeronautical research and inspection activities.

4. Adequate Compliance with the legal duties of information to the aeronautical authorities and to the competent bodies in the field of civil aviation.

5. The instructions and guidelines on the safety of civil aviation activities and operations shall be issued to passengers and other users of aeronautical services.

6. To properly maintain books, notebooks, manuals, certificates, records, and any other legally required documentation.

7. To discharge the duties of communication to the competent bodies in the field of civil aviation and, in particular, to promote the procedures for registration and cancellation provided for in the regulatory regulations of the Register of Matriculation Aircraft.

8. To conduct exclusively the civil aviation activities for which it is authorised and designated and to comply with the conditions laid down in the rules governing them and the limitations and obligations to be determined in the title that you enable for your development.

9. To maintain aircraft, facilities, systems and equipment used in civil aviation activities, in accordance with the rules of application and to refrain from any acts that impede or alter their normal operation.

10. Ensure continuity in the provision of services that are considered essential.

11. Contreat and maintain legally binding air insurance and constitute deposits, bonds, and other enforceable guarantees.

12. Adopt the appropriate measures to ensure the safety of passengers and other users of aeronautical services, with particular attention to persons with disabilities, older persons and children.

13. To exercise the functions or to develop the activities of which they are responsible with respect to the rights of the users, avoiding any form of discrimination based on birth, race, gender, religion, opinion or any other personal or social condition.

Article 34. Specific obligations of aeronautical personnel.

The following are aeronautical personnel obligations:

1. Exercise the functions and perform the activities of each class of aeronautical personnel only when they are in possession of an enabling, valid and effective title, for this purpose and to fulfil the conditions, limitations and obligations set out in the title itself and in the rules governing it.

2. To exhibit its enabling title provided it is required by the aeronautical authorities and their agents, to promote their renewal when its validity is to expire and to reintegrate it into the administrative body responsible for its grant as long as it is legally sourced.

3. Atender at all times, with due diligence and good faith, the responsibilities arising from the exercise of the functions attributed or the performance of the activities for which it is authorized and designated.

4. Refrain from exercising such functions and performing such activities in the event of a decrease in the required physical or mental capacity.

Article 35. Obligations specific to the design, production and maintenance entities of aircraft and aeronautical products.

These are obligations of organisations involved in the design, production and maintenance of aircraft, aeronautical products and parts, equipment and instruments intended to be installed on aircraft:

1. Dispose of the rights, certificates, licenses or authorizations, valid and effective, required for the activity they perform.

2. Enforce the conditions set out in the licenses or authorizations or in the regulatory rules of their activity.

3. Ensure continuity in the provision of the activities and services of those responsible with the required level of security.

Article 36. Specific obligations of air operators.

Those who perform general and sports aviation operations, commercial air transport and air work are obliged at all times to:

1. Refrain from operating aircraft that do not comply with the legally required airworthiness requirements and to conduct flights without the provision of mandatory authorizations.

2. To comply with the airworthiness directives and the operational directives of the aeronautical authority or, in general, any requirement required by that Authority in relation to the airworthiness and the operation of its airworthiness. aircraft.

3. Follow the operational rules established when performing the flight operations for which they are authorized.

4. To conduct take-off, approach and landing operations at airports in accordance with the rules in force and the rules and conditions determined by the competent authorities.

5. Take on board the documentation required for the operation of the aircraft.

6. Perform the training, verifications, and qualifications of aeronautical personnel to their service and maintain the corresponding records for the established time periods.

7. Schedule the services of aircraft crews respecting the limitations of established flight times and activity times.

8. Enforce the legally established duties of training of its personnel in the field of operational security and civil aviation.

Article 37. Specific obligations of air carriers and air service undertakings.

In addition to those set out in the previous article, they are obligations of companies engaged in commercial air transport and of companies carrying out aerial work:

1. Dispose of the rights, certificates, licenses or authorizations, valid and effective, required for the activity they intend to perform.

2. Comply with the conditions, exceptions and limitations imposed on the licenses or authorizations or on the regulatory norms of the provision of commercial air transport services and the performance of aerial work.

3. Ensure continuity in the provision of these services with the required level of security.

4. Enforce the legally established duties of training of its personnel in the field of operational security and civil aviation.

Article 38. Specific obligations of civil air navigation service providers.

Those who have been authorised and designated air navigation service providers are subject to the following obligations:

1. Enforce the conditions and requirements for your authorization and designation.

2. Ensure the continuity of the provision of services with the required level of security.

3. To properly maintain the equipment and facilities of the air navigation system, preventing the deterioration or degradation of its performance.

4. Enforce the legally established duties of training of its personnel in the field of operational security and civil aviation.

Article 39. Specific obligations of airport service providers and suppliers.

Airport service agents and providers have the following obligations:

1. To provide a valid and effective legal title for the provision of airport services at airports of general interest.

2. Comply With and maintain the conditions set out in the title referred to in the previous paragraph.

3. Respect the safety, use and operation of the airport in which they provide services.

4. Ensure the provision of services with the required level of security.

5. Enforce the legally established duties of training of its personnel in the field of operational security and civil aviation.

Article 40. Obligations of airport operators, aerodromes and other airport facilities.

The natural and legal persons entrusted with the management of airports, aerodromes and other airport facilities are obliged to:

1. Ensure continuity of use in appropriate airport security conditions, aerodrome or airport facility that they manage.

2. Comply With the security conditions required in relation to the design, construction, use and operation of the airport, aerodrome or airport facility that they manage.

3. To provide for a civil protection emergency plan in coordination with the plans approved by the competent bodies in this field.

4. Enforce the legally established duties of training of its personnel in the field of operational security and civil aviation.

Article 41. Specific obligations of passengers and other users of aeronautical services.

Passengers and any other natural and legal persons using aeronautical services are subject to the following obligations:

1. To comply with the rules, rules, measures and safety conditions in force on board aircraft as well as at airports, aerodromes and other airport facilities.

2. To extend the orders, instructions and guidelines of the airport authorities and aeronautical personnel to preserve the order and safety of aeronautical activities or operations.

Article 42. Specific obligations of the collaborating entities in the field of aeronautical inspection.

The natural and legal persons authorized to perform aeronautical inspection functions in accordance with the guidelines and under the supervision of the Directorate General of Civil Aviation have the following obligations:

1. To exercise with objectivity and impartiality the powers granted in the authorization, while it is valid and effective.

2. Atenerse to the conditions, limitations and obligations established in the authorizations of which they are the holders and in the regulations that regulate them.

3. Meet the approved plans and guidelines given by the Directorate General of Civil Aviation.

TITLE V

Of violations and penalties

CHAPTER I

Of The Violations

Article 43. Concept and classes of violations.

1. The actions or omissions that are classified as such in this law constitute administrative violations in the field of civil aviation.

2. The administrative offences defined in this law may be minor, serious and very serious, in accordance with the provisions of the following Articles. Only natural or legal persons who are responsible for the acts constituting an infringement may be punished, even in the form of simple non-compliance.

Article 44. Violations against the security of civil aviation.

1. Failure to comply with the obligations laid down in Title IV of this law by the persons who are subject to them shall constitute a minor offence unless it constitutes an infringement of the provisions of the following Articles this chapter, or any special circumstance as provided for in the following paragraphs in this article, which qualifies as a serious or very serious infringement.

2. Failure to comply with the obligations laid down in Title IV of this Act shall constitute a serious infringement if any of the following qualifying circumstances apply:

a) A serious aviation incident has been caused.

(b) Serious injuries have occurred to persons, in accordance with the provisions of the Criminal Code, or low determinants for work activity for a period exceeding seven days or incapacity for work.

(c) Damage to property and rights which, individually valued for each of the subjects concerned, have been incurred shall be in the range of EUR 5,000 to 15,000.

(d) Unjustified delays for more than four hours in the provision of aeronautical services have been caused.

3. Failure to comply with the obligations laid down in Title IV of this Act shall constitute a very serious infringement where one of the following qualifying circumstances is present:

a) An aviation accident has been caused.

b) A person's death has been caused.

(c) Damage to property and rights that are individually valued for each of the affected subjects have been caused to an amount exceeding EUR 15,000.

(d) The non-justified suspension of the provision of aeronautical services has been caused.

Article 45. Infringements in relation to transport and air work.

1. The following actions and omissions are minor offences in relation to transport and air work:

1. The use by air carriers or aircraft operators of aircraft operated by other companies or undertakings or the transfer to them of aircraft of their own, without prior communication, where required, to the competent administrative bodies.

2. The lack of information to passengers about the identity of the operating company or the deficient information about the shipping rules or the means of compensation in the event of denied boarding.

3. Failure to comply with the duty to transfer the checked baggage or the obligation to issue the voucher or proof of the billing of such baggage.

4. The non-inclusion in the contract of carriage of the clauses relating to the liability regime of the carrier in the event of an accident or the failure to comply with the obligation to inform, in a clear and precise manner, the passengers and other persons interested in the scheme.

5. The deprivation of information on the air transport services offered by air carriers on the computerised reservation systems is deprived of the parties concerned.

6. The treatment manifestly dismissed by the staff of the company providing the passengers with the air transport services.

7. The non-adoption by air carriers of the necessary measures to ensure that the prices and conditions of their tariffs and freight rates are known to users in a clear manner.

2. The following actions and omissions constitute serious infringements of transport and air work:

1. The use by air carriers, or by air-work companies, of aircraft operated by other companies or undertakings or the transfer to them of their own aircraft, without the authorisation of the competent administrative bodies where it is mandatory or in violation of the conditions set out in the authorisation.

2. Failure by air carriers of the obligation to provide the aeronautical authority with the legally established terms of information on changes in ownership of shares and personnel directive, as well as the information required to assess its economic, financial or accounting situation or any procedure affecting its economic solvency.

3. Failure by air carriers of the duty to submit to the aeronautical authority the suspension of their operations and to inform, in advance, of the delay in the commencement of their operations.

4. The performance of international air services, outside the Community, in contravention of the conditions set out in the relevant authorization in relation to the route, the number of frequencies, capacity and traffic categories, or operating modes, such as code-sharing and franchising, without having obtained the corresponding authorisation.

5. The lack of information by the air carrier, its agents or subscribers of the aircraft changes en route, the number of planned stops, the identity of the air carrier carrying out the flight and any changes airport, unless it is attributable to third parties.

6. Failure to comply with the obligation to establish passenger boarding standards or to render effective the rights and interests of passengers without justification in the event of denied boarding.

7. The failure by air carriers of the prohibition to apply a certain tariff, the obligation to withdraw a basic tariff or the prohibition of the introduction of reductions to the established tariffs.

8. No to provide the information required by the aeronautical authorities in relation to a particular airfare or to provide such information in an incomplete or incorrect manner.

9. The non-filing in time and form, for registration, of international air service fees, when it is required to do so or the application of different rates to those registered.

10. The non-application by air carriers or their agents of the bonuses established in respect of an airfare where the applicants meet the required requirements and the omission of the duty to check the identity of the beneficiaries of the applied bonuses.

3. The following actions and omissions constitute very serious infringements of transport and air work:

1. Failure to comply with the conditions laid down for the provision of air transport services subject to public service obligations.

2. The performance of international air services, outside the Community, without the necessary traffic rights.

3. Failure to comply with the prohibition on the conduct of cabotage traffic by non-Community foreign air carriers.

4. ª or travel clandestinely on an aircraft, as well as cooperate so that the above can be performed.

5. Unjustified Denial of Public Access to Air Transport Services.

Article 46. Infringements relating to the transport of dangerous goods or subject to special rules by air.

1. They constitute minor administrative offences relating to the transport of dangerous goods or subject to special rules by air:

1. Failure to comply with the conditions laid down in the special dispensation or approval to transport the goods in a way other than that laid down in the regulations on dangerous goods or in the rules special.

2. The non-inclusion in the accompanying documents of any of the data that they regulate must appear in them or the inappropriate indication thereof.

2. The following are serious administrative violations:

1. The serious non-compliance with the essential conditions laid down in the special dispensation or approval to transport the goods in a manner other than that laid down in the regulations on dangerous goods or in the special rules.

2. The non-inclusion in the accompanying documents of any of the data which they regulate must appear in them or the inappropriate indication thereof, where such omission or irregularity is the determining factor of a risk for the safety or error as to the nature of the load carried.

3. Failure to comply with the conditions of isolation, stowage, segregation or separation of the regulated burden.

4. The carriage of passengers on aircraft carrying dangerous goods or subject to special rules outside the circumstances in which the regulatory standards of this type of transport permit.

5. The failure of the duty to provide workers with regulated training.

3. The following are very serious administrative violations:

1. The acceptance for the carriage by air of dangerous goods or subject to special rules without having the administrative authorisation required.

2. Do not carry the transport or accompanying documents, or do not indicate in them the dangerous goods or subject to special rules carried.

3. The transport of dangerous goods or subject to special rules, under conditions other than those laid down by the rules of this transport, without the corresponding special dispensation or approval.

4. The omission of danger labeling or any required signage.

5. The failure to comply with the segregation and separation bans.

6. The failure to comply with the limitations of the quantities to be transported.

7. The use of unapproved, severely damaged packaging or packaging that leaks or does not have any of the required technical requirements.

8. The non-compliance with the common packaging rules in the same package.

9. Failure to comply with the rules on packaging instructions.

10. Inadequate indication of dangerous goods or subject to special standard transported in transport or accompanying documents.

11. The transport of goods prohibited in the technical instructions for the safe transport of dangerous goods by air, without the regulations.

12. Failure to comply with the prohibition of smoking in the vicinity of aircraft carrying dangerous goods or subject to special rules, provided that appropriate measures have been taken to make it possible to know its existence.

13. The non-adoption of safety and security measures established for accident or serious incident cases, except in the event of impossibility.

14. Do not take written instructions for accident or serious incident cases on the aircraft.

Article 47. Infringements relating to the discipline of air traffic in the field of noise.

1. The following are minor administrative violations of air traffic discipline procedures:

1. Failure to comply with restrictions on the use of reverse or noise abatement methods in the light of the action of the aircraft established in the air traffic discipline procedures in the field of air traffic control noise.

2. The use of auxiliary power supply units to aircraft (APU) in breach of the provisions of those procedures.

2. The following are serious administrative violations:

1. The failure to comply with the temporary restrictions for landing or take-off operations or restrictions for the operation of aircraft by their established acoustic category or noise level.

2. The execution of unauthorized arrival or departure routes or the performance of any maneuver, not justified for reasons of safety, weather or force majeure, exceeding the maximum deviation allowed for the route of air traffic service (ATS route) defined for that manoeuvre, in the procedures for the discipline of air traffic in noise.

3. Exceeding the maximum noise levels defined in the paths and points set out in those procedures.

4. Failure to comply with the rules on limitation of the use of subsonic jet aircraft.

3. The following are very serious administrative violations:

1. The failure to comply with the restrictions on flyover or altitude in the areas of particular sound sensitivity defined in the relevant air traffic discipline procedures in the field of noise.

2. The failure to comply with the rules on limitation of the use of subsonic jet aircraft during periods of temporary restriction.

Article 48. Infringements in relation to the operation and use of airports.

1. It constitutes a minor administrative infringement in relation to the operation and use of airports of general interest as follows:

Any reckless act or omission in carrying out activities, operations and manoeuvres in the service area, which has not caused any relevant damage or impairment, but has endangered works, facilities, equipment, goods, Air or ground transport containers and means of transport located in that area or to the airport activities carried out therein.

2. They constitute serious administrative infringements in relation to the operation and use of airports of general interest as follows:

1. The acts or omissions that cause damage or damage to the works, installations, equipment, goods, containers and means of transport located in the service area or to the airport activities that are carried out in same.

2. The non-compliance with the personal identification rules for those who perform functions in the service area.

3. Failure to comply with established accounting rules in relation to the management of facilities and systems and the provision of airport services.

3. They constitute very serious administrative offences in relation to the operation and use of airports of general interest as follows:

1. The acts or omissions that cause damage or damage to the works, installations, equipment, goods, containers and means of transport located in the service area or to the airport activities that are carried out in same.

2. Unauthorized access to the operations zone and restricted areas of the airports.

4. It constitutes, in any event, a very serious administrative infringement of the performance of works, installations or activities not permitted by reason of established aeronautical easements, at any airport or aerodrome.

Article 49. Infringements in relation to the coordination of airports and the use of slots.

1. They constitute minor administrative offences in relation to the coordination of airports and the use of slots as follows:

1. The non-return of one or more assigned slot series that are not to be used or their return in the form or time period other than the legally intended.

2. The entire flight operation in which any of the following applies:

(a) Not having previously obtained the corresponding time slot at airports where this requirement is required.

(b) The repeated use in hours other than those authorised, of one or more slots previously obtained in accordance with the rules in force.

3. The transfer or exchange of one or more series of slots not allowed by the current regulations.

4. The impediment of access to the aeronautical authority to the information necessary for the supervision of the slot allocation procedure, the use of these or the performance of flight schedules.

5. The negligent performance of aeronautical personnel, both flight and land, resulting in the failure of an air carrier to comply with one or more series of allocated slots, as well as the schedules flight.

2. The following are serious administrative violations:

1. The non-refoulement of one or more series of allocated slots that are not to be used or their return in the form or time period other than those legally provided, where serious injury has been caused for the smooth operation of the airport or other air carriers or where the infringement has already been committed in previous or immediate equivalent seasons.

2. The entire flight operation in which any of the following applies:

(a) Not having previously obtained the corresponding time slot at airports where this requirement is due, where there has been a risk for safety or serious injury to the smooth functioning of the airport or to other air carriers or when the infringement is repeated on flights that set up a series.

(b) The repeated use of one or more slots previously obtained in accordance with the rules in force at times other than those authorised, where there has been a risk for safety or serious injury to the good operation of the airport or for other airlines or where the infringement is repeated on flights that set up a series.

3. The transfer or exchange of one or more series of slots not permitted by the current rules, where serious injury is caused to other air carriers or where the infringement has already been committed in the previous season equivalent as in the immediate or when in the same season it is performed in more than one airport in Spanish territory.

3. The following are very serious administrative violations:

1. The non-refoulement of one or more series of allocated slots that are not to be used or their return in the form or time period other than those legally provided, when serious damage has been caused to the good operation of the airport or other air carriers or where the operation has already been committed two or more times in the previous equivalent or immediate seasons.

2. The entire flight operation in which any of the following applies:

(a) Not having previously obtained the corresponding time slot at airports where this requirement is due, where there has been a serious risk to safety or serious injury to the proper functioning of the airport or other air carriers or where the infringement is repeated on flights that set up more than one series or affect more than one congested airport in Spanish territory.

(b) The repeated use of one or more slots previously obtained in accordance with the rules in force at times other than those authorised, where there has been a serious risk to safety or serious injury to the good The operation of the airport or other air carriers or the infringement is repeated on flights that set up more than one series or affect more than one congested airport in Spanish territory.

3. The transfer or exchange of one or more series of slots not permitted by the current rules, where there is very serious injury to other air carriers or where the infringement has already been committed. or more times in the previous season equivalent as in the immediate season or when in several seasons is committed at more than one airport in Spanish territory.

4. For the purposes of this Article, a series of slots is constituted by a minimum of five slots requested for a programming period at the same time, on a regular basis, on the same day of the week, and allocated in this way or, if this was not possible at approximately the same time.

Article 50. Infringements of the duty of collaboration with the authorities and bodies of the General Administration of the State with powers in the field of civil aviation.

1. They constitute minor administrative infringements of the duty of collaboration with the authorities and bodies of the General Administration of the State with powers in civil aviation:

1. The delay of the collaborating entities in the referral of the minutes, reports and technical opinions of inspection to the Directorate General of Civil Aviation.

2. The refusal to issue or provide the evidence of the training, checks, verifications and qualifications of the activities and the aeronautical personnel in the established time periods.

2. The following are serious administrative violations:

1. Failure to comply with the duty of communication of serious civil aviation incidents.

2. The communication of facts or inaccurate or false acts to the competent civil aviation bodies in order to induce them to produce erroneously acts favourable to the communicant or unfavourable to third parties.

3. Failure to comply with the reserve duties set out in Articles 16 and 26 of this Act.

3. The following are very serious administrative violations:

1. The distortion of the minutes, reports or inspection opinions by the collaborating entities.

2. The failure to comply with the duty of communication of civil aviation accidents.

3. The fact of preventing or hindering investigations by the Commission of Investigation of Accidents and Incidents of Civil Aviation or the exercise of the functions of aeronautical inspection.

4. The simulation, concealment, alteration or destruction of data, records, recordings, materials, information and documents useful for investigations by the Aviation Accident and Incident Investigation Commission Civil or the exercise of the aeronautical inspection functions.

5. The breach of the measures taken by the aeronautical authority in accordance with Articles 30 and 63.

Article 51. Recidivism.

The recidivism in the commission of the offences classified as serious in Article 44 (2), appreciated in accordance with the provisions of Article 131.3.c) of Law 30/1992, of 26 November, of Legal Regime of the Public Administrations and of the Common Administrative Procedure, makes those infractions very serious.

Article 52. Responsible for the violations.

1. The administrative responsibility for the infringements covered by this law shall be:

(a) In the case of breaches of civil aviation security, natural or legal persons subject to compliance with the obligation infringed.

(b) In the case of infringements in relation to the transport and the air work, to the persons who have committed them, to the holders of the operating licence, permit or authorisation or to the operators of the aircraft.

(c) in infringements relating to the transport of dangerous goods or subject to special rules by air, to the operator of the aircraft, to the shipper of the goods, to the groundhandling services agent and to the agent load.

(d) in the infringements relating to air traffic discipline in the field of noise, to the air carrier, operator or operator or to the pilot in command of the aircraft with which the offence was committed.

e) in the case of infringements relating to the operation and use of airports, to persons who commit the offence or to those authorised for the provision of services and for the management of infrastructure; airport.

(f) In the case of infringements in relation to the coordination of airports and the use of slots, air carriers, aeronautical personnel or other natural or legal persons with responsibilities in the field of transport, allocation and management of slots.

g) In the violations of the duty of collaboration with the authorities and bodies of the General Administration of the State with powers in the field of civil aviation, the natural or legal person committing the offence.

2. Where the same offence is attributable to a number of persons and it is not possible to determine the degree of participation of each person, they shall be jointly and severally liable.

3. It shall not exempt from liability the fact that persons who have committed the offences are integrated into temporary associations of undertakings, economic interest groups or communities of property without personality.

Article 53. Concurrence of responsibilities.

1. The liability for the offences defined in this Law is of an administrative nature and does not exclude those from another order to be taken.

2. Penalties imposed on different subjects as a result of the same infringement shall be independent of each other.

3. Acts which have been punishable by criminal or administrative punishment may not be sanctioned in cases where the identity of the subject, fact and substance is assessed.

4. Where the offence may be a criminal offence or a fault, it shall be liable to be transferred to the Ministry of the Prosecutor's office, pending the prosecution of the sanctioning procedure until such time as a final judgment is delivered.

5. If the existence of a crime has not been appreciated, the competent administrative body shall continue the criminal case. The facts found proven in the final court judgment will bind that body.

Article 54. Extinction of responsibility.

The administrative responsibility arising from the infringements covered by this law is extinguished by the payment or enforcement of the sanction and the measures imposed pursuant to Article 57, by prescription and, in the case of natural persons, by death.

CHAPTER II

Sanctions and other measures

Article 55. Penalties.

1. The infringements set out in Chapter I of this Title shall be sanctioned as follows:

(a) Mild violations with warning or fine of 60 to 45,000 euros.

b) Serious infractions with a fine of 45,001 to 90,000 euros.

c) Very serious infringements with a fine of 90,001 to 225,000 euros.

2. Where the infringements were committed by the cooperating inspection entities, the companies engaged in commercial air transport, the design, manufacture or maintenance of aircraft, the service providers of the air navigation, airport services operators, airport operators, airport operators or airport facilities and, in general, natural or legal persons who carry out activities falling within the scope of this law on a commercial basis or in exchange for an economic consideration not The applicable penalties shall be as follows:

a) For minor infractions, warning or fine of 4,500 up to 135,000 euros.

b) For serious infractions, fine of 135,001 to 450,000 euros.

c) For very serious infractions, fine of 450,001 to 4,500,000 euros.

3. Where the gross profit obtained as a result of the acts or omissions in which the infringements are concerned, the amounts resulting from the application of the provisions of paragraph (b) and (c) of paragraph 1 may be known. above, they may be increased in the positive difference, if any, by the application of the following rules:

(a) For the commission of serious infringements, the amount not less than or greater than double the profit obtained.

(b) For the commission of very serious infractions, the amount not less than or greater than the triple of the profit obtained.

4. By way of derogation from the above paragraphs, the determination of the amount of financial penalties by the Commission for the offences referred to in paragraphs 1.1., 1.2., 1.3., 2.1., 2.2., 2.3., 3.1., 3.2. and 3.3. of the Article 49 shall be in accordance with the following special criteria:

(a) For the offences referred to under the heading 1. of each of the three paragraphs of that provision, a minimum of 6,000 and a maximum of EUR 90,000 for each series of slots not returned.

(b) For the offences referred to in Rule (a) under the heading 2. of each of the three paragraphs of the said precept, a minimum of 3,000 and a maximum of EUR 12 000 for each flight operated without obtaining the strip corresponding time.

(c) For the offences referred to in rule (b) under the heading 2. of each of the three paragraphs of the said precept, a minimum of 3,000 and a maximum of EUR 30,000 for each flight effected outside the slots authorized.

(d) For the offences provided for under the heading 3. of each of the three paragraphs of that provision, a minimum of 18,000 and a maximum of EUR 60 000 for each series of unduly exchanged slots.

(e) Where the gross profit obtained as a result of these infringements exists and can be known, the amount resulting from the application of the above criteria may be increased in the positive difference If applicable, the rules laid down for the purpose of paragraph 3 of this Article shall apply.

5. The fines shall be of a public-law nature and the amount may be required by the administrative route of the award.

Article 56. Ancillary sanctions.

1. In addition to the penalties provided for in the previous Article, in the case of serious infringements committed on the occasion of the performance of duties, the performance of activities or the provision of aeronautical services for which it is required to be the holder of a licence, authorisation, acceptance, approval, authorisation or corresponding certificate and, where appropriate, of traffic rights, may be suspended or restricted to the natural or legal person responsible for the infringement; maximum period of five years.

Also, in the case of very serious infringements committed during the performance of duties, the carrying out of activities or the provision of aeronautical services for which a licence is required, enabling, acceptance, approval, authorisation or corresponding certificate, and, where appropriate, of traffic rights, its revocation may be imposed on the natural or legal person responsible for the infringement.

2. The commission of two or more serious infringements within one year shall, in any event, result in the disqualification of the person responsible for such offences for a period of three years in order to be the holder of any right or administrative title. which empowers the performance of tasks, the performance of activities or the provision of aeronautical services, as well as exercising the powers conferred on them. It shall also disable to form part of the Board of Directors or equivalent body of a legal person who holds such rights or administrative titles.

The three-year period shall be computed from the day following the day on which the second of the administrative decisions taken into account is signed.

Article 57. Other measures.

1. In addition to imposing the penalties in each case, the resolution of the sanctioning procedure may declare the obligation to:

a) Restitution things or bring them back to their previous state within the deadline that is set.

(b) Compensation for irreparable damage equal to the value of the goods destroyed or the deterioration caused, as well as the damage caused, within the time limit set.

2. Compensation for damages shall be required where the refund or replacement is not possible and in any event if there has been damage to public interests.

When damages are difficult to assess, the theoretical cost of restitution and replacement and the value of damaged goods will be taken into account in fixing the compensation, and the one that provides the highest value must be applied.

3. Compensation to be determined shall be of a public-law nature and its amount may be required by the administrative route of the award.

Article 58. Bodies with competence for the imposition of sanctions.

Competition for the imposition of the penalties provided for in this law will be:

(a) to the Assistant Secretary for Public Works, in the case of very serious infringements and in the case of serious infringements where the amount of the fine exceeds the amount of EUR 300,000.

b) To the Director General of Civil Aviation, in other cases.

Article 59. Criteria for the graduation of sanctions.

In the imposition of fines and ancillary penalties for the administrative offences defined in this law, due consideration must be given to the seriousness of the event and the penalty to be applied, taking into account the following criteria for your graduation:

a) The negligence or intentionality of the offending subject.

(b) The gravity of the risk generated by the offence committed for air safety, as well as for persons, for other aircraft and other goods or things, both in flight and on land.

(c) The seriousness of the damage caused to the public interest and the damage and inconvenience caused to the users of the air transport and to third parties.

d) The commission of the offence during the flight operation.

(e) The reiteration in the commission of offences established in this law within the term of a year, except that, in accordance with the provisions of Article 51, it is appreciated as a recidivism.

f) Any other circumstances that may affect the greater or lesser degree of reprobability of the infringement.

CHAPTER III

From common rules to violations and penalties

Article 60. Limitation of infringements and penalties.

1. The administrative offences provided for in this law shall, within three years, prescribe the very serious, in the two-year period, the serious and the minor in one year.

2. The penalties imposed by the committee on very serious infringements shall be prescribed at three years, while those imposed by serious or minor offences shall be imposed at two years and a year respectively.

3. For the purposes of calculating the time limits for the limitation of infringements and penalties, Article 132 shall apply. 2 and 3 of Law 30/1992.

In the case of continued infringements, the limitation period shall start from the moment of the completion of the activity or of the last act with which the infringement is consumed. In the event that the facts or activities constituting an infringement are unknown because they are not external signs, the time limit shall be computed from the fact that they are manifest.

CHAPTER IV

The sanctioning procedure

Article 61. Implementation of the general legislation.

The procedure for imposing the penalties provided for in this law, in which the phases of instruction and resolution will be duly separated, will be in accordance with the provisions of Law 30/1992 with the particularities that set out in the other articles of this chapter.

Article 62. Initiation.

The sanctioning procedures for the administrative infractions defined in this law will always be initiated by agreement of the Director General of Civil Aviation, either on his own initiative or as a consequence of order higher, reasoned request from other administrative bodies or complaint.

Article 63. Precautionary measures.

1. At any time during the sanctioning procedure, the Director General of Civil Aviation may, after hearing the person concerned and by means of a reasoned decision, adopt any of the measures listed in Article 30 of this Law and any others which, having regard to the circumstances of the case, are necessary to ensure the effectiveness of the decision which may be placed on the procedure or the good end of the procedure, and to avoid the maintenance of the effects of the infringement, if there are sufficient elements of judgment to do so.

The notification of these measures shall, where appropriate, be accompanied by a location for the failure or the constituent irregularity of the infringement to be remedied.

2. Expenditure arising from the measures provided for in this Article shall be borne by the natural persons and entities responsible for the non-compliances, deficiencies or irregularities which have justified them.

Article 64. Instruction.

1. The instruction of the sanctioning procedures resulting from the administrative offences defined in this law shall be the responsibility of the authority of the Directorate-General for Civil Aviation which has jurisdiction.

2. However, the Director General of Civil Aviation may attribute the instruction of the sanctioning procedures to public bodies linked to or dependent on the General Administration of the State, provided that this is more appropriate for the correct determination of the facts and responsibilities arising therefrom.

In this case, the instructor and the secretary of the procedure shall be appointed by the highest single body of the body among the staff.

Completed the instruction, the motion for a resolution shall be forwarded, together with all the documents, testimonies, actions, administrative acts, notifications and other proceedings which have been carried out in the proceedings, to the Directorate-General for Civil Aviation, which will take charge of it and will carry out its continuation, without prejudice to the fact that it may be able to carry out further action by the instructor, with the consequent drafting of a new proposal for a resolution by part of the latter.

3. In cases where the jurisdiction for the imposition of sanctions is not attributed to the Director General of Civil Aviation, the Director General of Civil Aviation shall raise the relevant motion for a resolution to the body which has been assigned the power of sanction.

4. Following the decision of the procedure, the file of the actions carried out shall correspond to the Directorate General of Civil Aviation.

Article 65. Deadline for resolving and reporting.

The deadline for resolving and reporting in these proceedings will be eighteen months in cases for very serious and serious infringements, and nine months when they are opened for minor offences. After this period has not been expressed, the Director General of Civil Aviation shall declare the procedure to be expired and shall order the file of the proceedings, with the effects provided for in Article 92 of Law 30/1992.

Article 66. Effects of the resolution.

1. The resolution shall be enforceable when terminating the administrative path.

2. The resolution shall, where appropriate, take the necessary precautionary measures to ensure that they are not enforceable.

Article 67. Periodic penalty payments.

Without prejudice to the sanctions which may be imposed in accordance with the provisions of Chapter II of this Title, failure to comply with the requirements of the aeronautical authorities to safeguard safety in the field of civil aviation, the operation of air transport and the legitimate interests of its users, may, after the expiry of the period laid down in those requirements, give rise to the imposition of periodic penalty payments, the amount of which shall not exceed 10 per One hundred of the amount of the corresponding penalty.

Additional disposition first. Means for law enforcement.

1. The Government and the Ministries and other competent administrative bodies in each case shall take the necessary measures to adapt the budgetary allocations, the organic structure and the employment relationship of the Directorate-General. General of Civil Aviation to the functions that in this law are entrusted to him.

2. The military officers of the Superior Scale of Officers of the General Corps of the Air Force who are in the situation of reserve regulated in article 144 of Law 17/1999, of May 18, of the Staff Regulations of the Forces Armed, they will be able to carry out the work of inspection of the aeronautical personnel in the Directorate General of Civil Aviation. The provision of such posts shall be carried out in accordance with the procedure laid down in the list of posts in the Directorate-General, and shall specify in each case the prior conformity of the Ministry of Defence, with its remuneration the provision in Law 30/1984 of 2 August of Measures for the Reform of the Civil Service and its accompanying rules.

By regulatory standard, the specific requirements to be met by such staff to perform such positions shall be laid down.

Additional provision second. Amendment of Law 48/1960 of 21 July on Air Navigation.

Article 58 of Law 48/1960, of July 21, on Air Navigation will have the following wording:

" Article 58.

For the exercise of functions, in flight or on land, in the field of civil aviation, affecting the control of airspace, transit and air transport, it shall be necessary to be in possession of a title, licence, authorization or certificate that specifically empowers them to perform those functions.

The conditions for obtaining them and the privileges, obligations and responsibilities of their holders shall be determined in accordance with the rules of European Community law, treaties, international conventions and standards of international bodies to which the Spanish State is a party and with the provisions of this law and its implementing rules.

In any case, those who perform duties or have responsibilities related to the control of airspace and the security of transit and air transport, both in flight and on land, shall not, without justified cause, be able to do so. abandon them or give up their exercise as long as they are not properly relieved or replaced.

In the field of military aviation, the Ministry of Defense shall determine the necessary qualifications for the exercise of the technical functions of air navigation. "

Additional provision third. Amendment of Law 50/1998 of 30 December 1998 on fiscal, administrative and social order measures.

Article 87 of Law 50/1998, of 30 December, of fiscal, administrative and social order measures, will have the following wording:

" Article 87. Air traffic discipline procedures in the field of noise.

One. Air traffic discipline procedures shall be established by means of air traffic control procedures in the field of noise which civil aircraft must follow, at the take-off and ascent stages, in the approach and landing phase and during the previous and post-flight at airports.

What is foreseen in these procedures will be required once the aeronautical circular has been officially published, which will approve them and, in addition, after they have been made public in the aeronautical information publications provided for in the regulatory standards for air traffic.

Two. The procedures referred to in the preceding paragraph shall also be complied with in the piloting of civil aircraft.

Three. The air traffic discipline procedures approved specifically for each airport shall take into account the elements with an acoustic significance, the physical and configuration characteristics of the airport, the the equipment of the aid to navigation which bears the guidance of the aircraft and the characteristics and limitations of the aircraft concerned. These procedures may be determined by:

a) The temporary restrictions on airport utilization.

(b) Restrictions on the operation of aircraft based on the noise category or noise levels of the aircraft.

(c) Restrictions on the use of the different established approach or exit routes, depending on the characteristics and equipment of the aircraft.

d) Overflight or altitude restrictions in areas with special acoustic sensitivity.

e) Restrictions on reverse utilization when it is not justified for security reasons.

f) Restrictions on the basis of schedule or situation for the use of auxiliary power units.

g) Restrictions for engine testing.

h) The maximum noise levels set at points in the paths or near the airport.

i) Maximum permitted deviations from the routes in which air traffic services are provided for each manoeuvre, including the heights from which major deviations may be permitted.

(j) Noise abatement methods requiring a combination of measures affecting aircraft performances, such as the use of output edge hypersustaining devices (flaps), reduced powers, and climb and others, designed to reduce noise, within the limits allowed by the flight manuals of the aircraft concerned.

Four. In any event, the limitations laid down by the provisions in force on the use of subsonic jet aeroplanes shall be respected. '

Additional provision fourth. Technical collaboration.

The Ministry of Public Works may instruct public bodies and state-owned commercial companies to have the status of their own means and technical service of the General Administration of the State and its agencies, and entities governed by public law, the execution of material performances of the aeronautical inspection of a technical or specialised nature other than those provided for in Article 5 (2).

Additional provision fifth. Interministerial Commission between Defence and Transport (CIDETRA).

The Commission referred to in Article 6 of this Law will be the Inter-Ministerial Commission between Defence and Transport (CIDETRA) set up by the Order of the Presidency of the Government of 8 November 1979, creating, with Article 6 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 in the field of transport and telecommunications aviation. This Commission will henceforth be called the Inter-Ministerial Commission between Defence and Development.

Additional provision sixth.

The specific actions of the inspection in the field of aeronautical medicine carried out by the Directorate General of Civil Aviation will be carried out by teams that will necessarily be part of health personnel, whatever the case may be. the legal nature of the employment relationship, which is dependent on that body.

Additional provision seventh.

The Government, within one year of the entry into force of this law, at the proposal of the Ministry of Public Works and the representative organizations of the social sectors affected, will regulate the requirements of the aircraft, products, components, aeronautical equipment, airport and navigation systems, as well as services, and civil aviation activities, in order to ensure the safety and access of passengers and users who, for reasons of disability or age, have mobility or communication limitations.

This regulation will be inspired by the principles of non-discrimination, compensation for disadvantages, universal access and design for all, incorporating the rules and recommendations adopted by international organizations in this field. material.

Additional provision octave.

The organisation of the training and experience requirements required for the professional exercise of aeronautical activities shall in any event be accommodated in accordance with the rules laid down by European Community law.

Within two years from the entry into force of this law, the Government will draft a bill determining the academic equivalences of the titles, licenses, diplomas or certificates that they enable for the exercise of the functions of the aeronautical personnel.

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this Law, in particular the following:

(a) Article 8, the first paragraph of Article 32 and Articles 152 to 159 of Chapter XIX of Law 48/1960 of 21 July on Air Navigation.

(b) Articles 3, 4, 5 and 6 of Royal Decree Law 15/2001 of 2 November adopting urgent measures in the field of air transport.

(c) Articles 1, 2 and 13, paragraph 2 of 6 and Article 3 (1) of Royal Decree Law 12/1978 of 27 April 1978 on the fixing and delimitation of powers between the Ministries of Defence and Transport and Communications in the field of aviation.

(d) Articles 88, 89, 90 and 91 of Law 50/1998 of 30 December 1998 and Article 64 of Law 55/1999 of 29 December 1999 on fiscal, administrative and social measures.

Final disposition first. Competitive titles.

The precepts contained in this law are dictated by the powers conferred exclusively on the State in Article 149.1.4. and 20. of the Constitution.

Final disposition second. Update of the amount of penalties.

The government is authorized to update, by royal decree, the amount of economic sanctions provided for in this law.

Final disposition third. Regulatory enablement.

The government will dictate the provisions necessary for the development of this law, determine the particular regime applicable to the operation of non-military aircraft and will also be empowered to adjust the definitions of accident, serious incident and civil aviation incident to which are laid down in international and Community rules governing the technical investigation of air events.

Final disposition fourth. Entry into force.

This Law will take effect within 20 days of its publication in the "Official State Gazette".

Therefore, I command all Spaniards; individuals and authorities, to keep and keep this law.

Madrid, 7 July 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ