Chapter VI of Law 48/1960 of 21 July on Air Navigation, regulates the classification of aircraft prototypes, the construction of these in series and their certification, as well as the validation of certifications. Article 38 refers to the regulatory framework for the development of the requirements and tests necessary for certification.

By the Joint Aviation Authorities, a body associated with the European Civil Aviation Conference and made up of the national civil aviation authorities of the European States which have signed the Agreements on the (a) the development, acceptance and implementation of the joint aviation requirements-JAR-(Cyprus, 11 September 1990), extensive and detailed common requirements for the management of civil aviation are being developed, according to the The International Civil Aviation Organization (ICAO) rules.

Among the above are the Joint Aviation Requirements relating to procedures for the certification of civil aircraft and related products and parts (known as the "Joint Aviation Requirements"). JAR-21), which take as a reference the provisions of Annex 8 to the Convention on International Civil Aviation, to cover the various matters covered by it, so as to ensure compliance with the substantial requirements of the Convention. Annex 8 and, even, set higher security standards.

These JAR-21 rules have been developed and agreed by the Joint Aviation Authorities, with the aim of unifying at European level the requirements for the procedure to be required for the certification of civil aircraft and products and parts related to them, as well as for the approval of the organizations that design and manufacture them, guaranteeing, through their application, the equity in the treatment of the stakeholders in the different States, as well as the free movement of the products, when the certificates issued in accordance with these rules are accepted and the associated joint procedures without any other formality, in any of the European States that have adopted them, as being subject to their issuance to common requirements and procedures.

Therefore, the full adoption of the JAR-21 rules will mean the direct acceptance of the certificates, approvals, authorizations and acceptances of aeronautical products and parts that are issued in Spain by all those States whose aeronautical authorities are integrated into the Joint Aviation Authorities that have fully adopted them, which will improve the competitiveness of Spanish entities that design or manufacture products aircraft or modifications thereto, as well as the flexibility of aircraft operators with respect to the change of Registration of the same.

On the other hand, as regards the application of the JAR-21 rules, it is anticipated that these will not apply only to the certifications requested after their entry into force, but also, in the cases that are determined by the transitional provisions of this rule, to those issued in accordance with the previous rules, since it is understood that this does not prejudice legal certainty and favours administrative efficiency. It is easy to understand the disadvantages that the use of different systems for the processing by the Spanish Civil Aviation Authority, the Directorate General of Civil Aviation of the Ministry of Development, of the Ministry of Public Works, of applications of identical nature. What is estimated must be avoided, except in cases where damage to the rights and interests of citizens could be produced. Only in these cases the transitional regime contained in this Royal Decree prefers that the rules before the entry into force of the JAR-21 rules continue to apply.

In order for Spain to be present in the establishment of a European system in relation to procedures for the certification of civil aircraft and products and parts related thereto, and in particular for the procurement of aircraft type and airworthiness certificates, approval of entities engaged in the production and design of aeronautical products, and approval of parts and instruments for such products, by means of this Royal Decree make applicable the JAR-21 rules developed by the Joint Aviation Authorities, in the issue of these rules for change 1, dated 28 January 1997, with amendment 21/98/1 of 27 July 1998 already incorporated.

In its virtue, on the proposal of the Minister of Public Works, with the approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of June 22, 2001,

DISPONGO:

Article 1. Object and scope of application.

1. It constitutes the object of this Royal Decree the regulation of the conditions for:

(a) The issuance and modification of type certificates for aeronautical products (aircraft, engines and propellers);

b) The issuance of airworthiness certificates and approvals for aeronautical products, as well as for parts and instruments intended to be installed on aircraft;

(c) The authorisation of entities engaged in the production and design of aeronautical products and parts and instruments intended to be installed on aircraft, and

d) Acceptance of the identification of such products, parts and instruments.

2. The provisions of this Royal Decree shall apply to civil aircraft and to products and parts related thereto.

Article 2. Application of JAR-21 rules.

The issuance of the certificates, as well as the approvals, authorizations and acceptances that are regulated in this Royal Decree will be governed by what is established in it and by the JAR-21 rules that are listed in its Annex and which are apply as follows:

(a) The issue of the type certificate shall be governed by the provisions of Subpart B-type certificates.

b) Approval of changes to the type certificate will be governed by the provisions in Subpart D-changes to type certificates.

c) The issuance of supplementary type certificates and their changes shall be governed by the provisions of Subpart E-supplementary type certificates.

d) Production authorizations to entities not approved as a production organization shall be governed by the provisions of Subpart F-production without approval as a production organization.

e) The authorisations of entities engaged in the production of products, parts and instruments shall be governed by the provisions of Subpart G-approval of production organisations for products, parts and instruments.

(f) The issuance of airworthiness certificates shall be governed by the provisions of Subpart H-certificates of airworthiness.

g) Authorizations of entities engaged in product design or product changes shall be governed by the provisions of Subpart JA-approval of design-product organizations or product changes.

(h) Authorisations of entities engaged in the design of parts and instruments shall be governed by the provisions of Subpart JB-approval of parts and instrument design organisations.

i) Parts and instrument approvals shall be governed by the K-parts and instruments subpart.

(j) Airworthiness approvals for export shall be governed by the provisions of Subpart L-airworthiness approvals for export.

k) The approval of repairs shall be governed by the provisions of Subpart M-repairs.

l) Authorizations according to specifications of joint technical standards shall be governed by the provisions of Subpart O-authorizations according to specifications of joint technical standards.

m) Part-approval authorizations for parts shall be governed by the provisions of Subpart P-joint approval of parts.

n) Acceptance of the identification of products and parts shall be governed by the provisions of Subpart Q-identification of products and parts.

n) The issue of certificates and prior approvals, authorizations and acceptances, when referring to imported products, parts and instruments and to changes designed in a country whose aeronautical authority is not a member The Joint Aviation Authorities shall be governed by the provisions of Subpart N-products, parts and instruments, and changes designed in a non-JAA country.

Article 3. Competence of the Directorate General of Civil Aviation.

The Directorate General of Civil Aviation of the Ministry of Public Works (the "Authority" in JAR-21 rules) is the body responsible for granting the certificates, approvals, authorizations and acceptances that are regulated in this Royal Decree.

Article 4. Procedures for the issuance and modification of certificates, approvals, authorisations and approvals and acceptances relating to aeronautical products, parts and instruments.

1. In the emission procedures and, where appropriate, modification of the certificates, approvals, authorisations and acceptances of aeronautical products, parts and instruments related to them, the time limit for resolving and reporting shall be six months, from the formulation of the corresponding application in the form set out in the following paragraph of this article.

2. Upon request by those interested in obtaining a certificate, approval, authorisation or acceptance and, where appropriate, their amendment, the Directorate-General for Civil Aviation shall determine the technical certification bases and notify the person concerned, together with the to the environmental requirements that may be required within three months. In the light of these technical bases and environmental requirements, within two months, the data subject shall submit a certification programme indicating the inspections, calculation reports, technical tests and flight and ground tests, which it proposes in order to ensure that compliance with the technical certification bases and environmental requirements and, in general, as required by this Royal Decree, is accredited. The submission of the certification programme shall mean the application and shall begin the calculation of the six-month period referred to in paragraph 1 of this Article.

3. If the Directorate-General for Civil Aviation does not manifest itself to the contrary within two months, the certification programme shall be deemed to be accepted and may be initiated, subject to administrative supervision. The calculation of the time limit for processing the application shall be suspended until the delivery by the applicant of the documentation certifying the completion of the actions covered by that programme and the result thereof.

4. At any time in the procedure, the Directorate-General for Civil Aviation may require other inspections, technical tests and flight and ground tests, if it deems it necessary to verify that all the requirements are met. necessary for the issue or, where appropriate, modification of the certificate, approval, authorization or acceptance requested. The time limit for handling the application shall also be suspended until the completion and documentation of these inspections, technical tests and flight and ground tests.

5. Against the decisions of the Director-General of Civil Aviation that definitively resolve the applications for the issuance or modification of certificates, approvals, authorizations and acceptances of aeronautical products, parts and instruments related to them, the interested parties may institute a show of appeal.

6. After the period of six months referred to in paragraph 1 of this Article without any express resolution, the applications may be deemed to be dismissed.

Article 5. Procedures relating to the granting or modification of approval of organisations engaged in the production and design of aeronautical products, parts and instruments.

1. In procedures relating to the granting or modification of the approval of organizations engaged in the production and design of aeronautical products and parts and instruments related to them, the time limit for resolving and reporting shall be six months. To compute this period, account will be taken of what is available in the following sections of this article.

2. In the light of the request made, within two months of its submission, the Directorate-General for Civil Aviation shall communicate to the applicant the investigations and checks which it shall provide for the verification of compliance with the all the requirements required by this Royal Decree for the granting of an approval of production or design organization and for its modification. The period laid down in paragraph 1 of this Article shall be suspended until the administrative file has been incorporated in the documentation certifying the completion of such action and the outcome thereof.

3. At any time in the proceedings, the Directorate-General for Civil Aviation may require further inspections and checks, if this is necessary to verify that all the necessary requirements are met. the granting or, where appropriate, modification of the relevant approval. The six-month period shall also be suspended until the completion and documentation of these inspections and checks.

4. Against the decisions of the Director-General of Civil Aviation which definitively resolve the applications for granting or modification of an approval as an organization of production and design the interested parties will be able to file raised.

5. After the period of six months referred to in paragraph 1 of this Article without any express resolution, the applications shall be deemed to be estimated.

Article 6. Efficiency requirements.

1. The issue, maintenance or renewal of any of the certificates, approvals, authorizations and acceptances regulated in this Royal Decree shall give rise to the payment of the fees corresponding to those acts, in accordance with the regulatory legislation for the same.

2. The effectiveness of the certificates, approvals, authorizations and acceptances referred to in this Royal Decree shall be at all times conditional upon the fulfilment of the other requirements, conditions or obligations laid down for obtaining them, maintenance or renewal.

Article 7. Acceptance of documents issued by other States.

Documents issued by other Member States of the Joint Aviation Authorities attesting compliance with the JAR-21 requirements shall be valid in Spain, provided that those States have effectively adopted such requirements. requirements and reciprocally accept those issued in Spain in accordance with them.

Article 8. Airworthiness directives.

1. In order to safeguard the safety of air navigation, the Directorate-General for Civil Aviation shall issue the airworthiness directives relating to products, parts and instruments designed or manufactured in Spain and may accept the airworthiness issued by other States in respect of products, parts and instruments designed or manufactured by entities under their jurisdiction.

2. Such airworthiness directives may lay down the conditions or restrictions on the use or operation of any aeronautical product and the parts and instruments installed on aircraft which are necessary to correct the use of aircraft. unsafe conditions which have been technically found on them.

Single additional disposition. Approval of organizations not eligible under JAR-21 rules or not provided for in the JAR rules.

For reasons based on air safety or when technical innovations, improvements or modernisation of air navigation so require, the Directorate-General for Civil Aviation may approve organisations which do not comply with this Directive. the provisions of JAR-21 on eligibility or have not been provided for in those provisions. The act of approval shall determine the limits to which its activity is subject and shall make express reference to the fact that the approval is effective exclusively for the Spanish sphere.

First transient disposition. Issuance of special airworthiness certificates.

As long as the Joint Aviation Authorities do not agree to the JAR-21 rules regarding the issuance of special airworthiness certificates, to include in Subpart H-airworthiness certificates, and such rules are validly incorporated into the Spanish legal order, the corresponding applications shall continue to be resolved in accordance with the rules of application in Spain on that issue.

Second transient disposition. Referral to other rules.

As long as there is no incorporation into the Spanish legal system of other JAR rules to which the JAR-21 rules are referred to in the Annex to this Royal Decree, such referrals will be construed as application in Spain on the matters they regulate.

Transitional provision third. Applications for certificates, approvals, authorizations and acceptances made prior to the entry into force of this Royal Decree.

The issuance, modification, variation, renewal or extension of the certificates, approvals, authorizations and acceptances regulated in this Royal Decree, when requested prior to its entry into force shall be governed by the rules of application at the time of application.

Transitional disposition fourth. Validity of the certificates, approvals, authorizations and acceptances issued in accordance with the regulations prior to the entry into force of this Royal Decree.

1. Additional type certificates and certificates, authorizations according to specifications of technical standards, approvals of changes to the previous ones, as well as approvals for repairs of aeronautical products, the approvals of parts and instruments, and the acceptances of the identification of products and parts, issued or accepted prior to the entry into force of this Royal Decree or, subsequently, under the provisions of the provision Third transitional period, shall remain valid indefinitely, provided that the holder maintains the conditions that were demanded for their granting.

2. The remainder of the certificates, approvals, authorizations and acceptances granted prior to the entry into force of this Royal Decree or, subsequently, under the provisions of the third transitional provision, shall be valid until the 30 September 2002, subject to the provisions of the fifth transitional provision.

Transient disposition fifth. Regulations applicable to the modification, variation, renewal or extension of the certificates, approvals, authorizations and acceptances issued in accordance with the regulations prior to the entry into force of this Royal Decree.

1. The inclusion of products derived from the originals in a type certificate or authorization according to specifications of technical standards, or the extension of a supplementary type certificate to new products, as well as the processes of approval of any change in type certificates, authorisations, supplementary type certificates, parts approvals and identification instruments and acceptances referred to in paragraph 1 of the transitional provision fourth, will be subject to the provisions of this Royal Decree.

2. The approval processes for any change in the certificates, approvals, authorisations and acceptances referred to in paragraph 2 of the fourth transitional provision shall be processed in accordance with the rules before entry into force. This Royal Decree, unless the holder expressly requests that the provisions of the Royal Decree be applied.

3. The renewal of the airworthiness certificates issued in accordance with the regulations prior to this Royal Decree shall be governed by the provisions of this Regulation.

4. The issue, as well as the modifications of certificates, approvals, authorizations and acceptances derived from others issued in accordance with the regulations prior to the entry into force of this Royal Decree or that have the latter as necessary budget, will be governed by what is available in this standard.

Transitional disposition sixth. Conversion of the certificates, approvals, authorizations and acceptances issued in accordance with the regulations prior to the entry into force of this Royal Decree.

1. The holders of the certificates, approvals, authorizations and acceptances referred to in paragraph 2 of the fourth transitional provision may request their conversion into the equivalents that are regulated in this Royal Decree. of the requirements that are determined in the same and not required in the previous regulations, maintaining the effectiveness of the above during the processing period of the application.

2. When these certificates, approvals, authorizations and acceptances have been issued in accordance with rules of technical content identical to those of JAR-21 listed in the Annex to this Royal Decree, their owners may request the General Directorate Civil Aviation their exchange, without further processing, for the equivalent provided in the same.

Single repeal provision. Regulatory repeal.

Without prejudice to the provisions of the transitional provisions and the fourth final provision, all provisions of equal or lower rank shall be repealed as set out in this Royal Decree.

Final disposition first. Updating the contents of JAR-21 rules.

The Minister of Public Works is empowered to introduce into the JAR-21 rules listed in the Annex to this Royal Decree any modifications of a technical nature that are necessary for its content to be kept up to date with those agreed by the Joint Aviation Authorities.

Final disposition second. Regulatory development.

The Minister of Public Works will dictate the provisions necessary for the development of this Royal Decree and, in particular, will adopt the Joint Aviation Requirements (JARs) agreed by the Joint Aviation Authorities that are necessary for the full implementation of the JAR-21 standards set out in its Annex.

Final disposition third. Implementation and implementation of this Royal Decree.

The Directorate General of Civil Aviation will adopt the necessary measures for the implementation and implementation of this Royal Decree and will order the publication in the "Official State Gazette" of the guidelines or criteria agreed by the Joint Aviation Authorities (JAA) for the uniform application and interpretation of JAR-21 standards and in order to achieve the highest level of air safety assurance.

Final disposition fourth. Entry into force.

This Royal Decree will enter into force in the month of its publication in the "Official Gazette of the State", with the following exceptions:

First. JAR-21.13 (a), JAR-21.21 (a), JAR-21.112 and JAR-21.115 (a), JAR-21.329 (a) (2), JAR-21.431, JAR-21.602 (b), JAR-21.606 (a), JAR-21.707 (b), JAR-21N5, JAR-21N131 (b), JAR-21N501 (a) and JAR-21N606 (c) and (d) rules, as well as subpart K (parts and instruments) and The N-K sub-subpart (imported parts and instruments) of Subpart N (imported products, parts and instruments, and changes designed in a non-JAA country) shall enter into force on 30 September 2002.

Second. Subpart F (production without approval as a production organization) will enter into force six months after the publication of this Royal Decree in the "Official State Gazette".

Given in Madrid to June 22, 2001.

JOHN CARLOS R.

The Minister of Development,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

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