Chapter 4 of Annex 1 to the Convention on International Civil Aviation, adopted in Chicago on 7 December 1944, which relates to licences and ratings for personnel not belonging to the flight crew, provides, inter alia, the figure of the aircraft maintenance technician and leaves to the States the determination of the requirements and privileges corresponding to the licence of this personnel.

By this Royal Decree, which partially develops Article 58 of Law 48/1960, of 21 July, on Air Navigation, the conditions required for maintenance technicians and certifying staff to be regulated the maintenance of civil aircraft may carry out its duties, in terms similar to those of the regulations in force in most European States and with the full incorporation of the general principles contained in Annex 1 to the Convention on International Civil Aviation.

In particular, this Royal Decree establishes in relation to aircraft maintenance technicians the requirements that they will have to meet in order to obtain and maintain in force their license, as well as the privileges that it confers.

Also, determines the requirements that are required to be designated aircraft maintenance certifier by an approved maintenance organization, and the privileges of such designation.

On the other hand, it establishes the obligations to which the holders of the technical licenses and authorizations of the maintenance certifier are subject in the exercise of the activities for which they enable them, as well as the consequences of non-compliance with these obligations in relation to the effectiveness of such licences.

Finally, it also provides for the recognition of licences issued by the Member States of the European Union and associated with the Agreement on the European Economic Area, as well as by third countries.

For all this, the Royal Decree comes in the framework of the standard of the exercise of the functions of the maintenance technicians and the staff certification of the maintenance of the civil aircraft.

In its virtue, on the proposal of the Minister of Public Works, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of March 22, 2002,

D I S P O N G O:

Article 1. Object and scope of application.

1. It constitutes the object of this Royal Decree to regulate the requirements of obtaining, modifying and renewing the license of maintenance technician and of the authorization of the certifying personnel of the maintenance of the civil aircraft, the privileges which involves their possession and the conditions for exercising them.

2. The provisions of this Royal Decree shall apply to the holders of technical licenses and to the authorization of the maintenance certifier of civil aircraft, which shall carry out their activities in:

(a) Approved aircraft maintenance organisations engaged in commercial and non-commercial air transport.

(b) Outside approved maintenance organisations, exclusively for simple aircraft not authorised for commercial air transport, aerostats and sailplanes.

Article 2. Definitions.

For the purposes of this Royal Decree:

License: Enabling title for the performance of the civil aircraft maintenance technical functions and document that credits the qualification of the holder, confirming that the same has met the requirements of knowledge and experience required to obtain it, in accordance with this Royal Decree and the standards that develop it.

Category: An annotation on the license that defines the scope of aircraft maintenance on which the holder can perform functions. The different categories shall be determined on the basis of the aircraft class as well as the part of this maintenance object.

Enablement aircraft type or tasks: Annotation in the license relative to an aircraft type or tasks.

Type: concreteness of the aircraft brands and models to which the maintenance for which they are entitled is concerned.

Aircraft tasks: Simple maintenance activities for an aircraft for which you are authorized.

Limitation: Annotation in the license that sets special conditions or restrictions regarding the ratings.

Single aeroplane: aeroplane equipped with an alternative engine, not pressurised and with a maximum take-off mass of less than 5,700 kg and not equipped with an automatic pilot or flight director with a control capacity on all three axles.

Maintenance certifier authorization:

document issued by an approved maintenance organization that empowers its holder to issue aircraft commissioning certificates, according to a procedure approved by the Directorate General of Civil Aviation.

Approved Maintenance Organization:

organization that performs aircraft maintenance, after approval by the Directorate General of Civil Aviation and subject to the conditions and limitations established by this.

Article 3. Requirements to be the holder of an aircraft maintenance technician license.

1. In order to obtain an aircraft maintenance technician licence with the relevant category, the applicant shall meet the following requirements:

a) Haber turned eighteen.

(b) Credit by examination a sufficient level of knowledge on mathematics, physics, electricity, electronics, digital techniques and electronic instrument systems, materials and turnstiles, aerodynamics, structures and systems, propulsion, engines, propellers, maintenance practices, human factors, aeronautical and English legislation, which by the implementing regulations of this Royal Decree will be determined for each category of license.

(c) Credit a minimum experience in carrying out appropriate aircraft maintenance tasks, without in any case an experience exceeding eight years.

2. The minimum experience required according to the category of the licence will be determined by the implementing rules of this Royal Decree.

Experience is acquired by performing the relevant aircraft maintenance tasks under the supervision of the holder of a maintenance technician's license or an authorized maintenance certifier.

In the event that these tasks have been performed in an approved maintenance organization, the approved maintenance organization will issue the certificate. When performed outside, the maintenance technician or certifier who has directly supervised them will be issued.

3. The aircraft maintenance technician licenses shall be granted by the Directorate General of Civil Aviation.

Article 4. Privileges of the holder of an aircraft maintenance technician licence.

1. The holder of an aircraft maintenance technician's licence shall have the following privileges:

a) When you perform your functions in an approved maintenance organization:

1. Do the maintenance for which you are enabled and have been entrusted to you by the organization.

2. Ensure that this maintenance has been performed in compliance with approved standards and procedures.

b) If you develop your activity outside of approved maintenance organizations:

1. Conduct the maintenance of simple aircraft that are not authorized for commercial air transport, aerostats and gliders.

2. Issue the certificates of entry into service of these aircraft to be determined by Order of the Minister of Development when developing this Royal Decree.

2. For the exercise of these privileges, the appropriate type-rating or aircraft tasks shall be available.

The effectiveness of these ratings will be subordinate to the license to which they are associated. The conditions for obtaining it for the first time, maintenance and renewal will be determined by the Order of the Minister of Public Works.

Article 5. Validity, modification and renewal of aircraft maintenance technician licences.

1. The period of validity of an aircraft maintenance technician licence shall not exceed five years from the date of issue, modification or renewal.

The holder of an aircraft maintenance technician's license must comply at all times with the conditions required for obtaining the license, and the obligations to which he is subject in the exercise of the privileges conferred by his license.

2. The modification of the categories and the type or tasks of aircraft of an aircraft maintenance technician licence shall be carried out by the Directorate-General of Civil Aviation upon request of the holder, who shall accompany the justification for meeting the required requirements. It is also up to the Directorate-General for Civil Aviation to amend the limitations laid down in a licence.

3. The renewal of the aircraft maintenance technician licences shall be carried out by the Directorate-General of Civil Aviation at the request of the operator and upon accreditation of compliance with the requirements for this.

Article 6. Requirements to be the holder of an aircraft maintenance certifier authorization.

1. It may only be the holder of an aircraft maintenance certificate authority designated as such by the approved maintenance organisation in which it develops its activity.

2. In order to be authorised as an aircraft maintenance certifier, the following requirements must be met:

a) Be the holder of a valid aircraft maintenance technician license and with the required category and rating.

b) Haber served twenty-one years.

c) Develop your activity in an approved maintenance organization.

d) Haber conducted appropriate knowledge update courses.

e) Meet the requirements set forth in the approved procedures of the maintenance organization in which you develop your activity.

(f) Ability to read, write and communicate at an understandable level in the languages in which the technical documentation is written and, where appropriate, the procedures of the organisation necessary for the issuance of certificates of putting into service.

Article 7. Privileges of the holder of an aircraft maintenance certificate authority.

1. By Order of the Minister of Public Works, certificates for the placing in service of aircraft shall be determined, which the holder of a maintenance certifier authorization may issue on behalf of the approved maintenance organisation in which develop its activity.

2. In any case, the privileges assigned by an aircraft maintenance certificate authority shall be delimited by:

a) The categories and ratings of your own license.

(b) The activities authorised to the approved maintenance organisation in which the holder develops his activity.

(c) The scope of the functions in accordance with the provisions of the procedures manual of the organisation approved by the Directorate-General for Civil Aviation, as well as in the authorisation itself by reason of the system of division of the maintenance work within the organization.

Article 8. Obligations of holders of a technical licence or authorisation of a maintenance certifier.

The following are obligations for holders of a technical license or maintenance certifier authorization:

a) Meet at all times the conditions required for obtaining and maintaining the license or authorization.

b) Perform the requested maintenance, informing the operator of the aircraft and the maintenance organisation in a truthful manner, of the effectively carried out and of which it has not carried out.

c) Report on those maintenance actions, which as a result of their own inspection, detect as necessary the aircraft operator and the organisation in which it develops its activity.

d) Carry out maintenance in accordance with approved standards and procedures, in order to avoid that as a result of the maintenance carried out, people or property are in serious danger.

e) faithfully reflect the tasks performed in the maintenance records.

f) Issue a commissioning certificate exclusively for that effectively executed maintenance.

g) Issue a commissioning certificate after verifying that the maintenance specified in the certificate has been performed.

h) Refuse to consume alcohol or toxic, psychoactive or narcotic substances to prevent their activity from being adversely affected.

Article 9. System of limitation of the ratings and the precautionary suspension and revocation of the aircraft maintenance technician's licenses.

The failure to comply with the conditions and conditions required for its granting, as well as the obligations laid down in Article 8, shall give rise, as appropriate, after hearing the person concerned, to the limitation of the (a) the procedure for the revocation of the maintenance technician's licence, which shall entail the precautionary suspension of the licence. If, during the processing of such procedures, the irregularities observed are remedied, the limitation or suspension shall be without effect.

The acts provided for in the previous paragraph shall be adopted by the Directorate-General for Civil Aviation by means of a reasoned decision.

Article 10. Training organisations.

1. Institutions applying to provide training for a category or type-rating or tasks and to carry out the examinations, including those necessary to establish the theoretical knowledge required to obtain and, where appropriate, maintain a technical license for the maintenance of the civil aircraft, must comply with the requirements to be established, taking into account the type of instruction, by Order of the Minister of Public Works and obtain prior to the beginning of their activities the approval of the Directorate General of Civil Aviation.

2. In the manner provided for in the previous paragraph, the requirements that the training organisations must meet shall be determined to ensure the suitability of their personal and material means, organisation and technical solvency. In any case, such organisations shall meet the following minimum requirements:

(a) Dispose of sufficient competent technical staff and appropriate professional experience to ensure proper planning, theoretical and practical teaching, and examinations corresponding to the programmes of (a) instruction approved by the Directorate-General for Civil Aviation.

b) Dispose and implement an organization manual and procedures for the execution of its activities, approved by the Directorate General of Civil Aviation.

c) Establish a quality system to verify compliance with instruction standards and procedures.

d) Contar with a plan of permanent formation and updating of the necessary techniques for the correct performance of its activities, for the instructor staff.

e) Dispose of the facilities, aircraft, equipment, devices and other material necessary for the performance of the planning, theoretical and practical teaching, and examinations corresponding to the instructional programs approved.

Article 11. Effectiveness of licences, ratings and authorisations issued in other States.

1. The recognition of licences issued by the Member States of the European Union and those associated with the Agreement on the European Economic Area shall be carried out in accordance with the provisions of Royal Decree 1396/1995 of 4 August 1995. A second system for the recognition of professional training of the Member States of the European Union and of the other States signatory to the Agreement on the European Economic Area is regulated and is supplemented by the provisions of the Treaty. Decree 1665/1991 of 25 October 1991.

2. In accordance with the international treaties and standards agreed by the international organizations of which the Spanish State is a party, the Order of the Minister of Public Works will determine the requirements required for the technical licenses of the maintenance of aircraft, with their ratings and, where appropriate, limitations, issued in other States allow to exercise in Spain the functions referred to in this Royal Decree, provided that in these States the expedients are accepted Spain.

Additional disposition first. Accreditation of the knowledge and experience requirements for obtaining the aircraft maintenance technician license.

1. The Directorate-General for Civil Aviation shall exempt, in whole or in part, the examinations carried out in order to prove the possession of the knowledge referred to in Article 3 (1) (b) of this Royal Decree, to those applicants for an aircraft maintenance technician's licence which is in possession of an official, academic or professional qualification, or which proves that he has completed courses whose training content ensures that a level of training is already available, in whole or in part sufficient knowledge of the subjects covered by these examinations.

2. Furthermore, the minimum experience requirement referred to in paragraph 1 (c) of the same Article shall be accredited, in whole or in part, when the Directorate-General for Civil Aviation values that the training received by the applicant has included adequate and adequate practical content.

Additional provision second. Conduct of examinations.

The examinations necessary to establish the theoretical knowledge required to obtain and, where appropriate, maintain a technical license for the maintenance of the civil aircraft will be carried out directly by the Directorate General Civil Aviation, either by the training organisations referred to in Article 10 of this Royal Decree.

Additional provision third. Attributions of Aeronautical Engineers and Aeronautical Engineering Engineers.

The professional functions of the Aeronautical Engineers and Aeronautical Engineers, in their various specialties, will continue to be regulated by their specific legal and regulatory norms and in the field of maintenance of aircraft shall be those laid down by those rules.

First transient disposition. Issuance of commissioning certificates.

Until they are determined by the Order of the Minister of Public Works, in accordance with the provisions of Article 4 (1) (b) and Article 7 (1) of this Royal Decree, the certificates of entry into service of aircraft which may issue the headlines

of a technical license or an aircraft maintenance certifier authorisation shall remain in force in this matter in accordance with the rules of application prior to the entry into force of the Ministerial Orders governing that attribution.

Second transient disposition. Training initiated in accordance with the regulations applicable before the entry into force of the implementing rules of this Royal Decree.

The successful completion by 31 December 2008 of the training processes, including the period of acquisition of the required minimum experience, initiated in accordance with the implementing rules with Prior to the entry into force of the implementing rules of this Royal Decree, they will be able to obtain the associated licenses and ratings provided for in the said regulations.

Transitional provision third. Licenses and authorizations issued in accordance with the regulations prior to the entry into force of the regulations for the development of this Royal Decree.

1. The technical licenses and authorizations for certification of maintenance of civil aircraft issued in accordance with the implementing regulations before the entry into force of the norms of development of this Royal Decree will continue to be effective in the same conditions under which they were granted and shall be renewed in accordance with the provisions of that legislation.

2. However, the holders of such licences and authorisations may opt for their conversion into those set out in this Royal Decree.

The interested parties will have to apply for this transformation before the end of ten years, from the entry into force of the implementing rules of this Royal Decree that determine the requirements that they will have to comply with.

3. The modification of the ratings and, where applicable, limitations noted in the licenses will be governed by the regulations with which they were granted or established. The amendment of the category of a licence shall be accommodated in accordance with paragraph 2.

Single repeal provision. Regulatory repeal.

Without prejudice to the provisions of the first, second and third transitional provisions, the provisions of the same or lower rank which are contrary to the provisions of this Royal Decree shall be repealed.

Final disposition first. Development of this Royal Decree.

The Minister of Public Works will dictate how many provisions are necessary for the development and implementation of this Royal Decree.

Final disposition second. Entry into force.

This Royal Decree will enter into force six months after its publication in the "Official State Gazette".

Given in Palma de Mallorca to 22 March 2002.

JOHN CARLOS R.

The Minister of Development,

FRANCISCO ALVEZ-HELMETS FERNANDEZ