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Resolution Of 20 December 2013, Of The Direction Of The State Agency Of Aviation Safety, Which Lays Down The Operational Requirements For Compliance With Eu Ops 1.110 And Jar Ops 3.110 Provisions Relating To The Use Of Devices...

Original Language Title: Resolución de 20 de diciembre de 2013, de la Dirección de la Agencia Estatal de Seguridad Aérea, por la que se establecen los requisitos operacionales para el cumplimiento de lo previsto en EU OPS 1.110 Y JAR OPS 3.110 relativos al uso de dispositi...

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TEXT

According to the Final Disposition Third of Royal Decree 220/2001 of 2 March, determining the requirements for the conduct of commercial air transport operations by civil aircraft, it is established the Resolution of 9 January 2002 of the Directorate General of Civil Aviation establishing operational criteria for the uniform application of the requirement set out in JAR-OPS 1.110 concerning the use of portable electronic devices on board (Operational Circular 01/02).

On 5 October 2012 the European Commission adopted, as implementing measures in accordance with Regulation (EC) No 216/2008, Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down the rules for the application of Regulation (EC) No 216/2008 technical requirements and administrative procedures in relation to air operations under Regulation (EC) No 216/2008 of the European Parliament and of the Council.

Commission Regulation (EC) No 965/2012 of 5 October 2012, continuing with the provisions of JAR OPS 1.110, lays down criteria and operational requirements for the use of portable electronic devices on board.

At the same time, the European Aviation Safety Agency (EASA), in accordance with Article 18 of Regulation (EC) No 216/2008, and by Decision No 2012/015, 2012/016, 2012/017, 2012/018 and 2012/019 of 24 October 2012, 2012, published acceptable means of compliance (acceptable means of compliance AMC), as well as guidance material (guidance material GM) for the application of the aforementioned Regulation (EC) No 216/2008, and its implementing rules (Regulation (EU) No 216/2008). 965/2012].

In particular, the Annex to Decision 2012/018/R of 24 October 2012 of the Director of the European Aviation Safety Agency sets out the acceptable means of compliance and the guide material which sets out the criteria and operational requirements relating to the use of portable electronic devices on board aircraft.

Recently, Decision 2012/018/R of the Director of EASA has been revised by adopting Decision No 2013 /028/R of 26 November 2013, applicable to the use of portable electronic devices on board aircraft, in addition to what is foreseen in EASA Safety Information Bulletin (SIB: 2013-21) of 9 December 2013.

These acceptable means of compliance and associated guides have been updated in relation to what was contemplated in the JAA Temporary Guidance Leaflet TGL 29 " Guidance Concerning the Use of Portable Electronic Devices on Board Aircraft " and which served as the basis for the adoption of the Resolution of 9 January 2002 of the Directorate General of Civil Aviation (Operational Circular 01/02).

To ensure a progressive transition and a high level of civil aviation security in the European Union, implementing measures should reflect the current state of the art, in particular best practices, as well as scientific and technical progress in the field of air operations, taking into account the technical requirements and administrative procedures agreed under the auspices of the International Civil Aviation Organisation and the Authorities Joint European Aviation until 30 June 2009, as well as the existing legislation on National specificities.

The State Aviation Safety Agency as the supervisory authority for compliance with the regulations in the field of civil aviation in Spain, and for the powers conferred by Royal Decree 184/2008 of 8 February 2008. approves the Statute of the State Aviation Safety Agency, is responsible for establishing and maintaining a high and uniform level of safety in that area, in accordance with the main objective of Regulation (EC) No 216/2008, of the European Parliament and of the Council of the Council of 20 February 2008 on common rules in the field of civil aviation and on the creates a European Aviation Safety Agency, and repeals Council Directive 91 /670/EEC, Regulation (EC) No 1592/2002 and Directive 2004 /36/EC.

By virtue of all the above, the Director of the State Aviation Safety Agency, resolves, the mandatory application of the provisions of point AMC1 CAT.GEN.MPA.140 of Decisions 2012/018/R of 24 October 2012 amended by Decision 2013 /028/R of 26 November 2013 and its Annexes adopted by the Director of the European Aviation Safety Agency, as well as the provisions of the EASA Safety Information Bulletin (SIB: 2013-21) of 9 December 2013, in accordance with the Commission Regulation (EC) No 965/2012 of 5 October 2012 as a means of compliance for the purposes of OPS 1.110 (Regulation (EC) 859/2008 of 20 August amending Council Regulation (EEC) No 3922/1991 as regards the technical procedures and common administrative procedures applicable to commercial transport by plane) and JAR OPS 3.110 (Order FOM/2189/2010 of 7 July 2010, replacing the Annex to Royal Decree 279/2007 of 23 February 2007 laying down the requirements for the conduct of air transport operations commercial by civilian helicopters).

This resolution shall leave no effect as referred to in Circular 01/02 in any way contrary to this resolution.

This resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, December 20, 2013. -Director of the State Aviation Safety Agency, Isabel Maestre Moreno.