Spain has a wide network of airports that guarantee the connectivity and mobility of citizens. Their use, however, is uneven, to the extent that some of these infrastructures do not need to be open to air transport throughout the day, as there is no demand.

It is therefore necessary to lay down the conditions for making the use of airports more flexible, as well as for other public aerodromes, in such a way that in slots where there is only demand for use by the airport, General or sport aviation can restrict the use of the infrastructure to these traffics. In line with this, the technical standards required should be in line with the uses to which the infrastructure is intended for the different slots.

According to the above, this royal decree amends Royal Decree 862/2009 of 14 May, approving the technical standards for the design and operation of public airfields and the Regulation of certification and verification. of airports and other public aerodromes, in order to facilitate an adequate, economic and efficient response to the needs and demands of traffic at different times of the airport operation, to introduce the conditions that allow the use of these infrastructures to be made more flexible and, in addition, to adapt the definition of Public-use aerodromes and, consequently, the obligations of certification or verification to the practice of the countries of our environment.

The flexibility of use set out in this royal decree joins the possibility that the airport manager currently has to establish in the airport or airport manual of public use, if so considered, the procedures to enable it to operate at the request of the users of the infrastructure, either at the time the aerodrome is not operational, or for those in which it operates as a restricted aerodrome in accordance with this royal decree.

Additionally, the Royal Decree 1133/2010 of 10 September, which regulates the provision of the flight information service of aerodromes (AFIS), is amended in order to adapt its definition of aerodrome of public use to the one provided for in Royal Decree 862/2009 of 14 May 2009, and to establish that the helipads do not apply the provisions of Article 5.2 (b), 1. º, and that the implementation of the AFIS service will therefore only be required for them when this is the result of aeronautical safety studies. Finally and in line with the amendments to the concept of public airfields, the time limit granted to these aerodromes for the performance of the aeronautical studies provided for in Article 9 of Royal Decree 1133/2010 is extended. September 10.

In the handling of this royal decree has been taken into account the opinion of the autonomous communities competent in matter of aerodromes, and has been given to the representative organizations of the field and the Council of Consumers and Users.

In its virtue, on the proposal of the Minister of Development and the Minister of Defense, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and after deliberation by the Council of Ministers at their meeting on 28 March 2014,

DISPONGO:

Article first. Amendment of Royal Decree 862/2009 of 14 May 2009 approving the technical standards for the design and operation of public aerodromes and the Regulation on the certification and verification of airports and other public aerodromes.

The following amendments are made to Royal Decree 862/2009 of 14 May 2009 approving the technical standards for the design and operation of public airfields and the Regulation on certification and verification of airports and other public use aerodromes:

One. Article 1.2 is amended to be amended as follows:

" 2. The technical rules in the Annex apply to aerodromes which, by reason of the aeronautical operations which can be carried out on them, are defined in paragraph 3 as aerodromes for public use, irrespective of whether the infrastructure is open to all users, or is for private use.

The technical standards that are included as recommendations in the annex constitute mandatory technical standards for civil airfields for public use. However, the State Aviation Safety Agency may accept deviations from the recommendations of the Annex provided that:

a) Compliance with the recommendation is not reasonably practicable or a temporary extension is necessary for compliance, and

(b) The aerodrome manager for public use, by means of a risk analysis of the aerodrome's safety management system (SMS), accredit that the alternative measures it proposes provide sufficient guarantee for the maintenance of a acceptable level of security.

In addition, the State Aviation Safety Agency may request the operator of the aerodrome of public use to carry out an aeronautical safety study to analyse the non-compliance with the recommendation in question and to establish alternative measures considered to achieve acceptable levels of safety. "

Two. Article 1.3 is amended to read as follows:

" 3. It is understood by public airfields, the civil aerodromes in which commercial, passenger, freight and mail transport operations can be carried out, including aerotaxis. Public airfields shall be listed as such in the Aeronautical Information Publication (AIP) of the Aeronautical Information Service.

The rest of the aerodromes are considered to be restricted use aerodromes.

They are excluded from the concepts defined in this section, the military airbases and airfields, the civilian facilities in them, as well as the military zones and facilities of the airfields used jointly. by an air base or military aerodrome and an airport as defined in Royal Decree 1167/1995 of 7 July 1995 on the use of aerodromes used jointly by an air base and an airport and the air bases open to the airport. civil traffic. "

Three. A new Article 3 is inserted as follows:

" Article 3. Flexibility of use in airfields for public use and adequacy of operations and uses according to time periods.

1. Taking into account the needs of the sector, the operator of the aerodrome of public use, outside the timetable established for the performance of the operations referred to in the first paragraph of Article 1.3, may limit the use of the infrastructure to another type of operations other than those.

During the period of time when the operation and use of the infrastructure is restricted to operations other than those provided for in the first paragraph of Article 1.3, the aerodrome shall be considered as an aerodrome of restricted use. and the operational safety regulations for such aerodromes shall apply to it.

2. In order to be able to apply the flexibility of use provided for in this Article, the operator of the aerodrome of public use shall have the favourable resolution of the State Aviation Safety Agency authorising the use of the infrastructure under restricted use.

In addition, the manager must have incorporated into the airport or public aerodrome Manual the time periods in which the infrastructure will operate as an aerodrome of public use and those in which it will operate as an aerodrome. of restricted use. Information on the time periods in which the infrastructure works as a restricted aerodrome and on the operations that may be carried out in such periods must also have been published in the Information Publication Aeronautics (AIP).

Notwithstanding the provisions of the preceding paragraph, the favourable resolution of the State Aviation Safety Agency may be conditional upon the authorisation of the modification of the airport manual or of the aerodrome of public use in case to affect the airport certificate or the favourable resolution of the aerodrome of public use.

For aerodromes for public use of autonomic competence, the provisions of this paragraph are without prejudice to any other requirements required by the applicable autonomic regulations.

3. The operator of the public aerodrome shall submit the request for authorisation to use the infrastructure as a restricted use aerodrome to the State Aviation Safety Agency. This request shall be accompanied by information on the arrangements for the use of the infrastructure, either for predetermined periods of time, taking into account the demands of the users when the infrastructure is not is operational or by a combination of both, as well as information about the operations that may be performed on the infrastructure in those time periods.

The maximum time limit for resolving the submitted application is two months. After this period has not been given express resolution, the application shall be deemed to be rejected in accordance with the derogation provided for in the additional provision twenty-ninth of Law 14/2000 of 29 December of Fiscal Measures, Administrative and Social Order.

The resolutions of the State Aviation Safety Agency may be challenged in accordance with the terms of Article 4 of its Statute, approved by Royal Decree 184/2008 of 8 February 2008.

4. Authorised the use of the infrastructure under restricted use, the operator shall communicate to the State Aviation Safety Agency any changes which are subsequently made to the time periods in which the infrastructure is used. operates as an aerodrome of restricted use and in operations carried out during such periods, at a time of ten days in advance of the date on which the change is intended to be effective.

These modifications should be published in the Aeronautical Information Publication (AIP). In addition, the amendments relating to the time periods in which the infrastructure will operate as a restricted aerodrome shall be incorporated, as an update, into the Airport Manual or the Public Airfield. These Manual updates are deemed not to affect the certificate or favorable verification resolution.

5. The operator of the aerodrome of public use is responsible for transferring to the Aeronautical Information Service within the deadlines and form provided for by the applicable regulations the information to be published in the Aeronautical Information Publication (AIP) and its update and, in addition, while the aerodrome is operating as a restricted aerodrome, it shall ensure:

(a) That the operations referred to in the first paragraph of Article 1.3 are not performed.

b) That the technical standards of operational safety design and operation that are applicable are met. "

Four. A new fifth additional provision of the following wording is added:

" Additional disposal fifth. Tourist flights.

Local flights operated by aircraft with a maximum of 6 seats with take-off and landing at the same aerodrome, without stop, are considered to be tourist flights. "

Fifth. The third paragraph of the transitional provision, paragraph 2, is amended as follows:

" 2. Civil aerodromes open to traffic which, in accordance with the provisions of the previous paragraph, have demonstrated their status as public aerodromes, have a transitional period ending on 31 December 2014, for the purpose of the to carry out the necessary adaptation to the technical standards for the design and operation of public use aerodromes approved by this royal decree. "

Article 2. Amendment of Royal Decree 1133/2010 of 10 September 2010 regulating the provision of the aerodromes flight information service (AFIS).

The following amendments are made to Royal Decree 1133/2010 of 10 September, which regulates the provision of the aerodromes flight information service (AFIS):

One. Article 4 (d) is amended to be amended as follows:

"(d)" public civil aviation ", as defined in Article 1.3 of Royal Decree 862/2009 of 14 May 2009 laying down the technical standards for the design and operation of public use aerodromes and the Regulation for certification and verification of airports and other public aerodromes. '

Two. Article 5.2, point (b), is amended as follows: 1. the following wording shall apply:

"In airports other than exclusively heliports, in the time periods in which operations are carried out for the commercial transport of passengers."

Three. The first transitional provision is amended, which is worded as follows:

" Public-use civil airports and aerodromes which, at the date of entry into force of this royal decree, do not have aerodrome control services and are in any of the cases referred to in Article 9, they will have until 30 June 2015 to carry out the aeronautical safety studies that regulate this royal decree and to adapt it to the provisions of it. "

Single additional disposition. Authorized operations.

The aerodromes rating established in this royal decree does not enable the performance of operations other than those for which the infrastructure is enabled in accordance with the authorizations issued by the competent authority.

First transient disposition. Transitional rules in relation to aerodromes which carry out tourist flights and maintenance.

Tourist flights and aircraft operations carried out exclusively for the purpose of carrying out maintenance on the basis of third parties of aircraft for commercial transport shall be carried out in public use aerodromes and with subject to the conditions laid down for these aerodromes by Royal Decree 862/2009 of 14 May 2009 until the approval and application of the technical design and operating rules applicable specifically for both operations in aerodromes restricted. Pending the adoption of these rules, it is expressly prohibited to carry out such operations in restricted use aerodromes.

For these purposes, tourist flights are considered as defined in the fifth additional provision of Royal Decree 862/2009 of 14 May 2009.

Second transient disposition. Other transitional rules.

1. The aerodromes which, as provided for in the third transitional provision of Royal Decree 862/2009 of 14 May 2009, have notified the State Aviation Safety Agency of their status as aerodromes for public use as well as any other Aerodrome of public use open to traffic after that date, within one month from the entry into force of this royal decree shall communicate to the State Aviation Safety Agency and to the competent authority of the Autonomous Community (a) aerodromes, in the case of aerodromes of autonomic competence, if they maintain such condition, as provided for in Article 1.3 of the Royal Decree 862/2009 of 14 May 2009, in the amendment introduced by this royal decree.

2. Aerodromes which, in accordance with the provisions of the previous paragraph, have shown that they maintain their status as aerodromes for public use, shall continue to apply the provisions of the third transitional provision of the Royal Decree 862/2009 of 14 May 2009 in the wording given by this royal decree, keeping the verification schedules provided for in the verification plan approved by the State Aviation Safety Agency in accordance with that provision, with the necessary adaptations as a result of the extension of the time limit for adaptation to the technical standards of design and operation of public aerodromes.

aerodromes which do not maintain their status as aerodromes for public use, for having expressly stated in the communication provided for in paragraph 1 or for not making any statement within the time limit provided for in that paragraph; paragraph, within two months from the entry into force of this royal decree must be transformed into aerodromes of restricted use with full subjection to the norms that regulate them, being responsible for the updating of the information in the Publication of Aeronautical Information (AIP). The State Aviation Safety Agency shall update the approved verification plan as provided for in the third transitional provision of Royal Decree 862/2009 of 14 May 2009 in order to remove the aerodromes from that plan. in this provision become restricted.

3. The maintenance of the public use aerodrome rating as provided for in this provision does not enable other uses other than those for which the infrastructure is authorised in accordance with the authorisations issued by the competent public administration.

Single end disposition. Entry into force.

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

Given in Madrid, on March 28, 2014.

JOHN CARLOS R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ DE SANTAMARIA ANTON